Legislative Updates
Arizona: Sen. J.D. Mesnard has introduced SB1484 that would Allow Anyone to Call for a Recount of Any Election as long as they can Pay for the Costs of the Recount.
A Bill that would Prohibit Voters from Dropping Off Early Ballots at Polling Places on Election Day appears to be Headed for Defeat. Although it was Approved on a Voice Vote, it still needs a Roll Call Vote and according to Local Media Sources, there aren’t enough votes for a Roll Call Passage.
Hawaii: A Bill that would have moved Hawaii to a Top-Two Primary System Will Not Receive a Committee Hearing and is effectively Dead. A Bill to Move the Entire State to a Vote-by-Mail System is moving Forward.
Indiana: The House Elections Committee has voted Down a Proposal that would have Allowed for No-Excuse Absentee Voting. House Elections Committee Chair Tim Wesco (R-21st District, Osceola) says the State should Encourage In-Person Voting, whenever possible. “Absentee voting should, frankly, be discouraged, although allowed – that’s my personal position,” Wesco said.
The House Elections and Apportionment Committee heard Testimony on behalf of House Bill 1311 that would Move the Deadline for Absentee Ballots from Eight days before an Election to 12 days.
Iowa: The House Judiciary Committee has Advanced Gov. Kim Reynolds’(R) Proposal to Automatically Restore Voting Rights to Felons after they’ve Completed the Terms of their Sentences.
Maryland: Because the Town of Mount Airy lies in both Carroll and Frederick Counties, and there are Mount Airy ZIP Codes in Howard and Montgomery Counties, the Town gets a handful of Voters who think they are at the Right Polling Place but are Not and so the Town Council has Unanimously Approved the use of Provisional Ballots.
Minnesota: Rep. Jennifer Schultz (D-7A District, Duluth) has introduced a Bill that would Implement Automatic Voter Registration in Minnesota. Voters Applying for a Drivers License, State ID, or Learner’s Permit would have the Option to Opt-Out.
Rep. Samantha Vang(D-40B) has introduced a Bill that would Change who is Allowed to Help Voters who need Assistance Casting a Ballot. Currently there are numerous Restrictions on who may Help a Voter Cast a Ballot including No One Person may help more than Three People. Vang’s Bill seeks to Change that Provision of the Existing Law.
Mississippi: Under Senate Bill 2806, it would get a bit Easier for Students to Cast Absentee Ballots. Under Provisions of the Proposed Legislation, Students would Not need to get their Absentee Ballot Notarized and they would be able to make One Request for an Absentee Ballot for All Elections in a Calendar year.
Missouri: House Bill 26 and Senate Bill 109 would Change the State’s Open Primary System to a Closed Primary system.
New York: A Bill (S1278) proposed by State Sen. Michael Gianaris (D-12th District, Queens) would Automatically Register Voters (AVR) when they deal with Government Agencies including Public Housing Authorities. Voters would be Automatically Registered unless they declined within 21 days of receiving Written Notification from the Board of Elections.
North Dakota: By a 78-13 vote, the House has Defeated a Bill that would have Allowed College Students to use University-issued IDs to Cast a Ballot.
Rhode Island: State Sen. Gayle L. Goldin (D-3rd District) has introduced a Bill that would Allow 17-year-olds to Vote in Primaries as long as they 18 by the time of the General Election.
Pennsylvania: Rep. Pam Snyder (D-50th District, Jefferson) has introduced a Bill that would allow for Early Voting in the Commonwealth and would Eliminate the need to have an Excuse in order to Cast an Absentee Ballot.
South Dakota: Under House Bill 1178, the Window for Early Voting would go from 46 days to 14 days.
Texas: Rep. Jay Dean (R-7th District, Longview) has introduced House Bill 1406 that gives Voter Registrars more Clear Guidance when they Investigate whether someone Lives at an Address they Claim on their Voter Registration Application.
Virginia: The Senate Finance Committee has Approved SB 1018 that will Require each County, City, and Town, to Review Voters District Assignment in each Jurisdiction by comparing the Information in the Voter Registration system with the Boundaries of Districts Outlined in a GIS Map.
A Bill that would have allowed Out-of-State Students to use their Student IDs as a Form of Voter ID has Failed in the House of Delegates.
The House Privilege and Elections Committee has Advanced a Bill that would Allow No-Excuse Absentee Voting.
The Senate has Approved a Bill that Eliminates Split Voting Precincts in Virginia. The Bill Passed the Senate Unanimously and now moves to the House of Delegates.
By a 10-4 vote the Senate Committee on Privileges and Elections has Killed a Bill that would have allowed Localities to Conduct Elections using Ranked-Choice Voting.
Washington: By a 29-18 vote, the Senate has Approved Bill 5273 that will Move the Presidential Primary to the Second Tuesday in March, or on a Date with other Western States. The Presidential Primary is currently the Fourth Tuesday in May.
The Senate has a Approved a Bill that will Expand Voting Services on Tribal Reservations. Along with Drop Boxes, the Proposal also Allows Tribal Members to use Tribal Identification Cards to Register to Vote, and to Register using Non-Traditional Addresses, including a Narrative Description of the Location of a Voter’s Residence.
West Virginia: The Senate Judiciary Committee has Passed a Bill to Extend the Implementation of Automatic Voter Registration (AVR) by another Two Years. AVR was Initially Approved in 2016 with a Deadline for Implementation 2017. In 2017, that Deadline was moved to 2019, and now the Deadline will be 2021.
Wyoming: By a 20-10 vote the Senate has Approved a Bill that would Prohibit Voters from Changing their Party Affiliation less than Five weeks before an Election.
House Bill 192, that would have required Voters to Show a Photo ID in Order to Cast a Ballot Failed on a 30-29 vote.
Legal Updates
California: Secretary of State Alex Padilla (D) and Leaders of the Agency that Oversees the DMV agreed to Settle a Federal Lawsuit brought by Advocacy Groups including the League of Women Voters of California and the American Civil Liberties Union. The Settlement, in part, States that Padilla’s Office will “take steps to ensure that every vote is counted. If Ballots were rejected and will provide guidance to elections officials in the relevant jurisdiction(s) on how to count the affected ballots and, if appropriate, recertify election results.”
Kansas: Lawyers for the State have Settled with the American Civil Liberties Union and the Secretary of State’s Office will pay the ACLU $20,000 for Legal Fees stemming from the Fight over the State’s Proof-of-Citizenship Law.
District Judge David Huber has Ruled in Favor of Voting Rights Advocate Davis Hammet of Loud Light who had asked Johnson County Election Officials for the Names of those who Cast a Provisional Ballot in the August 2018 and why their Ballots were Tossed. Huber Ruled that the Refusal to Provide the Names Violated the Kansas Open Records Act.
New Mexico: The New Mexico Supreme Court has shot down a Case brought by Voters who Argued it is Unconstitutional to Bar Independents from Casting Ballots in Party Primaries. In the order, the State’s Highest Court left that Decision up to the Legislature.
Ohio: Groups in Columbus and Half a Dozen other Ohio Communities have filed Suit in Federal Court after their Efforts to Place Initiatives on Local Ballots were Blocked by Elections Boards. They’re hoping the Federal Court will do what State Courts have Not to Date, Rule that Ohio’s Process for Reviewing and Potentially barring Citizen-led Initiatives from Ballots is Unconstitutional. The Suit Names Republican Secretary of State Frank LaRose, his Predecessor and Current Lieutenant Gov. Jon Husted, and the Elections Boards in each Community, including All Four Franklin County Members.
Rhode Island: The Providence Journal has filed Suit against Secretary of State Nellie M. Gorbea, alleging She Violated the State’s Open-Records Law by Denying the Newspaper’s Request for a Digital Copy of the Rhode Island Voter Database, with Full Names and Birth Dates of each Voter.
Texas: Bernice Annette Garza, 44, has been Charged with Voter Impersonation, Illegal Voting, and providing False Information. Garza, who was Previously the Director of the Crime Victims Unit of the Starr County District Attorney’s Office is Accused of Using the Identity of a Dead Woman to Cast a Ballot in 2016.
The Fifth Circuit Court of Appeals heard Arguments in a Case over Texas’s Motor Voter Law. Under current Law, the State only Updates the Voter Registration of People who Update their Information In-Person at a Department of Public Safety Office. Voters who Update their Licenses Online are Not able to Update their Voter Registration.
Wisconsin: Voting Machine Manufacturers Electronic Systems & Software and Dominion Voting Systems are Appealing a Wisconsin Judge’s Ruling allowing Former Green Party Candidate Jill Stein’s Experts to Comment on their Review of the State’s Election Software.
NYC Wins When Everyone Can Vote! Michael H. Drucker
