Legislative Updates
Arkansas: Rep. Charles Blake (D-36th District) has filed HB 1004, the Voter Integrity and Security Act which if approved would Automatically Register Eligible Voters at the DMV unless they Opt-Out. The Bill also intends to define Voter Intimidation as a Felony, Streamline the current DMV Voter Registration System, and Remove Deceased Voters from the Rolls more quickly.
Georgia: House Minority Leader, Bob Trammell (D-132nd District) has introduced Legislation that would Prevent the Government from Purging Voters simply because they have Not Voted in recent Elections. House Bill 6 would Eliminate a State Law that allows the Secretary of State to Target Inactive Voters, Cancelling their Registrations after Six Years with No Contact or Voting. But this would go against the Constitution's Voting Rights Act.
Illinois: By a vote of 35-21 the Senate Failed to Overturn a Veto on Legislation that would have Withdrawn Illinois from the Interstate Voter Registration Crosscheck Program.
Kansas: With Support of Attorney General Derek Schmidt, Secretary of State-elect Scott Schwab is proposing Legislation that would Repeal the Secretary of State’s Prosecution Authority and instead leave that Authority with the Attorney General, Local County and District Attorneys.
Kentucky: Legislation that would Automatically Restore the Voting Rights to certain Ex-Felons upon Completion of their Sentences is expected to be Pre-Filed in advance of the Next Legislative Session.
Massachusetts: Gov. Charlie Baker has Signed a Bill into Law that Expands Civics Education Requirements in Local School Districts; requires Schools to Assign Civics Projects to Eighth-grader and High School Students; and establishes a Program aimed at encouraging Voter Registration in High School. The Law also has a Media Literacy component.
Michigan: The Senate has given Final Approval to Changes put forward by the House on a Bill that will Allow the State to Move to Online Voter Registration.
New Jersey: A Bill Restoring Voting Rights to Tens of Thousands of Current and Former Inmates is slowly moving through the Legislature. Hearings are possible before the end of the year. Under the Measure, People serving Prison Time for any Felony Conviction, as well as those on Parole and Probation for a Felony Offense, would have the Right to Vote.
North Carolina: The Legislature returned this week to begin work on the Voter-Approved ID Law. Under the Draft Bill, Boards of Elections would Provide Registration Cards with Photos that could be Accepted as ID. Other Acceptable IDs would include Driver’s Licenses, Tribal IDs, Military and Veteran ID Cards, State ID Cards, the State DMV provides to Non-Drivers, and IDs from North Carolina’s Public Universities, but Not Community Colleges or Private Universities. The Senate gave the Bill Preliminary Approval on Wednesday with Final Approval Expected before moving to the House.
Rhode Island: Secretary of State, Nellie Gorbea, said that she will once again push Legislation that will Allow the State to allow Early Voting. “The increases we’re seeing in mail ballots and emergency mail ballots point to the fact that Rhode Islanders want to vote on days other than Election Day and feel comfortable doing so,” Gorbea said. “And our system should make it easier for them to exercise their right to vote.” A bill to allow early voting has stalled for five consecutive years.
Legal Updates
Arizona: The Navajo Nation has Dropped a Lawsuit in which they claim Early Voting Procedures used in Three Counties Violate the Rights of Tribal Residents.
California: Napa County Superior Court Judge, Mark Boessenecker, has Dismissed a Case against Napa County Clerk-Recorder, Assessor, and Registrar of Voters, John Tuteur. The Case, Initiated by Grand Jury Charges of “corrupt or willful misconduct” stemmed from an Employee Complaint about several Tax-Related Issues. “It’s unfortunate this process took place,” Tuteur said. “I’m glad it’s over. The time and money spent was wasted, but the results are what I had hoped for and expected.”
Prosecutors filed Felony Charges against Nine People suspected of Paying Homeless People on Skid Row to Forge Signatures on Ballot Initiative Petitions and Voter Registration Forms for a Cigarette.
The Democratic Congressional Campaign Committee (DCCC) has Sued Fresno County to find out which Ballots the Elections Office Rejected. Fresno County is arguing it Doesn’t have to provide those Records because Voters’ Names and Addresses are Private Information. The DCCC says the Clerks already use this Information, which is how Political Parties Target for Mailers. A Fresno County judge Ruled against the DCCC and Kern County Judge has yet to Rule.
Connecticut: Judge Barbara Bellis has Denied a Motion for a Temporary Injunction to Block the Secretary of State’s Office from Certifying the Results of a Contested House Election in the Town of Stratford.
Georgia: A Lawsuit filed by an Election Integrity Group and Three Voters blames the State’s 16-year-old DRE Voting Machines for Drop-Off Votes in the Lieutenant Governor’s Race. There were about 80,000 fewer Votes in the Lieutenant Governor’s Race than in the other 10 Statewide Races.
A Federal Lawsuit, Backed by former Gubernatorial Candidate Stacey Abrams, is calling on a Federal Judge to Overturn State Laws that resulted in Purged Registrations, Canceled Ballots, and other Obstacles to Voting. The Lawsuit, filed by a New Group called Fair Fight Action, demands that Georgia use Paper Ballots to Validate the Accuracy of Elections, Stop Canceling Voter Registrations of those who haven’t Participated in a Recent Election, and Guarantee enough Election Equipment so Voters don’t have to Wait in Line for Three hours or more. It also seeks to Weaken the State’s “Exact Match” Law, which Stalled Voter Registrations of some Legitimate Voters because they had Hyphenated or Long Names.
Asian Americans Advancing Justice-Atlanta has filed a Federal Lawsuit asking a Judge to Intervene and Allow Voters with Limited English Proficiency to Use an Interpreter at the Polls during the Runoff Election. Voters are allowed to bring Anyone as their Interpreter in Elections with a Federal Candidate on the Ballot, as long as the Interpreter isn’t their Employer or an Official from their Union, but Laws on Interpreters are more Restrictive in Elections in which there are Only State Candidates on the Ballot. Voters in State Elections may Only use an Interpreter if they’re a Close Family Member, Caretaker, or Voter Registered in the Same Precinct.
Kansas: Attorney General Derek Schmidt contends that Secretary of State Kris Kobach should Not be held Personally Liable for Exposing Sensitive Personal Information about Hundreds of Voters and that the Voters have No Constitutional Right to their Data being kept Private.
New Jersey: Andrea Palmucci-McGillicuddy, 52, has been Charged with Fraudulent Voting, Interference with Elections, and other related issues. Palmucci-McGillicuddy is the Former Chief Investigator of Mercer County Elections.
Pennsylvania: Harry Sandoe Maxwell Jr., 70 of Collingdale, has been Charged with Forgery, Tampering with Records, Conspiracy, and Violations of the Election Code, all First-Degree Misdemeanors. Maxwell allegedly Filed an Absentee Ballot for a Person who Died in 2017.
Common Pleas Judge Jeffrey Davis Dismissed a Legal Challenge filed in a Contested State Senate Race that Claimed the Commonwealth’s Deadline for Excluding Absentee Ballots is Unconstitutional.
South Carolina: Anderson County has reached a Settlement with the U.S. Government that will Require that Every Polling Site in the County be Accessible to Voters with Disabilities beginning in 2019.
Texas: The Texas 2nd Court of Appeals has Upheld a Voter Fraud Conviction that sent a Woman with a Sixth-Grade Education and is a Mother of Four to Jail for Eight years for having Inadvertently Voted Illegally. During her Trial, the Woman acknowledged the Illegality of her 2012 and 2014 Votes in Dallas County, but maintained she never Meant to Break the Law. Her Attorney Argued some Government Forms allow Applicants to Declare Permanent Residency Status, but the Voting Application in Neighboring Tarrant County, to where Ortega subsequently Moved, had no such Option to Check Off. Lacking the Option, she ticked the “Citizen” Box.
Utah: Third District Judge James Gardner Dismissed U.S. Rep. Mia Love’s Challenge to the Ballot-Counting Processing in Salt Lake County. In effect, the Campaign was asking the Judge to “create expansive new rights” Empowering Candidates to Intervene in Ballot Tabulation, Gardner wrote. That Debate Belongs in the Legislature rather than in the Courts, Gardner added.
NYC Wins When Everyone Can Vote! Michael H. Drucker
