Legislative Updates
Federal Legislation: The House has Passed a Non-Binding Resolution Opposing allowing Non-U.S. Citizens to Participate in Local Elections. Forty-Nine Democrats joined 230 Republicans to Approve the Resolution 279-72. Majority Leader Kevin McCarthy (R-CA 23rd District), proposed the Resolution after hearing from Naturalized Citizens who said they felt "Disenfranchised" by Non-Citizens taking Party in School Board Elections. "This dilutes why people work so hard to become citizens. It dilutes an election as well," McCarthy said. "I think only American citizens can vote."
A Group of Senators has introduced the Native American Voting Rights of 2018, Legislation that will provide then necessary Resources and Oversight to ensure Native American have Equal Access to the Electoral Process. The Legislation would implement Key Provisions to ensure Native Americans have Equal Access to the Ballot Box, including the Establishment of a First of its kind Native American Voting Rights Task Force, which would Authorize Funding for Tribal-State Consortiums to bolster Native Voter Registration, Education, and Election Participation efforts in Tribal Communities. The Bill would also Increase Native Access to Voter Registration Sites and Polling Locations and Ensure Equal treatment for Tribal ID Cards for Voting purposes. Finally, the Bill addresses the Devastating Effects of Shelby County by Prohibiting States from undertaking Discriminatory Actions without Department of Justice Agreement while emphasizing the importance of Government-to-Government Consultation.
Michigan: The House has Approved a Three-Bill Package that they hope will deter Election Fraud by clearly defining Election Forgery as a Crime. Under the Legislation, any Person who knowingly Makes, Files, or Publishes a False Document or Document with False Signatures with the intent to Defraud is Guilty of Forgery. House Bills 5992 (105-2), 6107 (91-13) and 6108 (93-14) now Move to the Senate for consideration.
The House has Unanimously Approved a Package of Bills that will Allow Michigan to offer Online Voter Registration. The Senate must now Concur with Technical Changes to the Bill, but it appears likely that Online Voter Registration will be in effect by 2020.
New York: State Assemblyman Anthony D’Urso (D-16th District) has introduced a Bill that would allow Locations that have been Designated a Polling Place to Decline to have Voting there if they have a Valid Reason.
North Carolina: This week, the Legislature agreed to provide the State Board of Elections with $400,000 to help with Voter Education about Absentee Voting in the wake of Hurricane Florence, but the Legislature did not change any Existing Absentee Voting Laws as some had sought. The Legislature also agreed to Extend the Voter Registration Deadline by Three Days.
Ohio: Next week, the Toledo City Council will consider a Proposal that would give City Employees Paid Time Off to Work at the Polls on Election Day. The Precinct Election Official Leave Program would not Cover Training, which would have to be done on the Weekends or the Employee’s own Leave Time.
Legal Updates
Arizona: The Ninth Circuit Court of Appeals heard Arguments this week over Arizona’s Ballot-Harvesting Law. The Case hinges on several aspects of Federal Postal Law, which allows some Private Carriers to Deliver Mail when they are Engaged in Official Duties and using a Postal Route. The State argued that Volunteer Poll Worker deliveries don’t meet those Criteria, but Attorneys for the Plaintiffs say they do.
Colorado: The Secretary of State’s Office has asked the U.S. Attorney’s Office to Investigate allegations of Voter Intimidation in Pitkin. Residents are Not Required to Live in the Town for any period of time in order to be Eligible to Vote and many who leave Town for the Winter months have reported that their Utility Records have been Subpoenaed and their Cars Photographed.
Georgia: The Coalition for Good Governance along with Four Voters have filed a Motion asking U.S. District Judge Amy Totenberg to Issue an Injunction directing the Secretary of State’s Office, the State Board of Elections and the Fulton County Board of Elections to put in place a Plan that would provide more Checks on the County’s Voting System.
Kentucky: Attorney General Andy Beshear has Appointed an Independent Counsel to Examine Allegations that Secretary of State Allison Lundergran Grimes Misused Voter Data and potentially Violated the Commonwealth’s Personnel Laws.
Missouri: Oral Arguments wrapped up this week in the Legal Fight against Missouri’s Voter ID Law. Senior Judge Richard Callahan is expected to Rule next Week.
North Dakota: The Native American Rights Fund, which is representing Native American Voters in North Dakota, has filed an Emergency Appeal with the Supreme Court of the United States after a Federal Appeals Court halted part of a Lower Court’s Ruling that said the State must Accept IDs and Supplemental Documentation with a Current Mailing Address as a Form of Voter ID.
South Carolina: Attorney General Alan Wilson has Sued the State Election Commission in an effort to Extend the Voter Registration Deadline by more than a Week citing Flooding from Hurricane Florence. Currently, the Deadline to Register is October 5 In-Person, October 7 Online and October 9th by Mail. Wilson wants to Extend the Registration Deadline to October 17th for In-Person and Mail Registration. According to The Post and Courier, the Election Commission says it does Not have the Authority to Extend the Registration Deadline and Supports the Lawsuit. On Tuesday, Judge Robert Hood Granted a 10-day Extension.
Tennessee: The U.S. Supreme Court will Not take up the Challenge to Amendment 1 in Tennessee. In 2014, 53% of the Voters Approved Amendment 1 which would have Eliminated a Right to an Abortion under the State Constitution. Plaintiffs had Sued focusing their efforts on Language in the State’s Constitution about how Ballot Measures are Counted.
U.S. Territories: The U.S. Supreme Court is Expected to Meet on October 5th to determine whether or not to Grant Review of Segovia v. United States. The Case centers around Voting Rights for People living on U.S. Territories. The Plaintiffs assert that People who have Moved from one of the 50 States or District of Columbia to one of the U.S. Territories, should continue to be Allowed to Vote Absentee in the State from which they Moved.
NYC Wins When Everyone Can Vote! Michael H. Drucker
