Legislation Updates
Federal Legislation: Dems sent the Voting Rights Advancement Act to the House Floor this week. The Bill would Restore Provisions of the Voting Rights Act of 1965, Reauthorized by Congress with Strong Bipartisan Support in 2006. The Bill would Require States with a History of Racial Discrimination to Seek Approval from the Justice Department before Implementing Changes to Voter Laws.
Georgia: An Effort to give Bibb County Employees Time Off to Vote has Failed. One Proposal would have given Employees a Full Day Off each year for Civil Engagement or Wellness. A Second Proposal would have given All County Employees a Paid Holiday for Election Day.
Minnesota: The Red Wing City Council will Vote on October 28th whether or not to put Ranked-Choice Voting before Voters on the 2020 Ballot.
North Carolina: The Mount Airy Board of Commissioners has Voted to Move the City’s Elections to Even-Numbered beginning in 2022. The Proposal was Approved 4-0 and must now be Approved by the General Assembly. “I would like to move our elections to even years so we will be with the rest of the world,” Commissioner Jon Cawley said.
Pennsylvania: Legislation was unveiled this week that would Overhaul how Residents Cast a Ballot. Under its Provisions, Voters would No longer have the Single-Choice Option on a Ballot to simply Select a Political Party’s Candidate for each Office. The Bill would also Move the Voter Registration Deadline to 15, from 30, days before an Election, and it would Allow for No-Excuse Absentee Voting.
Texas: The Austin city Council is considering a Plan that would make Election Day a Paid Holiday for City Employees. If the Plan is Approved, it would go into effect in November 2020.
Legal Updates
Florida: In a 55-page Ruling, U.S. District Judge Robert Hinkle said People Cannot be Denied the Right to Vote if they are “genuinely unable” to Pay Financial Obligations. But he issued a Preliminary Injunction that applied only to Plaintiffs in the Case, and Not more Broadly to other Felons who might be Affected. “The State can Condition Restoration of a Felon’s Right to Vote on Payment of Fines and Restitution the Felon is able to pay,” Hinkle wrote. “When a felon claims inability to pay, the state need not just take the felon’s word for it. The state may properly place the burden of establishing inability to pay on the felon and, to that end, may put in place an appropriate administrative process. That this places a greater burden on the felon claiming inability to pay than on felons with no unpaid obligations is unavoidable and not improper.”
The Governor did not Appeal, but said he would Change the Law next year. This Opened Voting for All Former Felons in the 2020 Presidential Primary Election.
Indiana: The Nonprofit Indiana Vote by Mail and Five Voters filed a Federal Lawsuit seeking the Decertification of Voting Machines they Claim are Vulnerable to Hacking and do Not have a Verifiable Paper Trail, in hopes of Replacing the Machines ahead of the 2020 Election. The Complaint Specifically Targets the Paperless System that uses Direct-Recording Electronic (DRE) machines, which do not have a “voter-verified paper audit trail” providing a Viewable Record that a Ballot was Counted Accurately.
Minnesota: The American Civil Liberties Union of Minnesota has filed Suit against Secretary of State Steve Simon in order to Restore the voting Rights for People with Felonies who have Served their Prison Time or have Received Probation instead of Incarceration. According to the Lawsuit, filed in Ramsey County District Court, the State Constitution gives All Minnesotans the Right to Vote, including Felons after their Civil Rights have been Restored. But State Law Restores the Right to Vote for Felons only by Court Order or the Completion of a Sentence. The Suit accuses State Law of Violating the State Constitution, and seeks to Restore Voting Rights for People who are Convicted of a Felony but are Actively Serving Probation, and for People who received Probation instead of Prison or Jail Time.
Nebraska: Following up on his Official Opinion that Current Appointment, rather than Election, of Election Commissioners in Lancaster, Douglas, and Five other Counties, is “constitutionally suspect,”. Attorney General Doug Peterson has taken the Issue to the Nebraska Supreme Court. The Court, in turn, said Thursday that the Application would be Accepted Subject to an Agreed Stipulation of Facts in the Case by Peterson and Secretary of State Bob Evnen, the State’s Chief Elections Officer.
New Hampshire: The American Civil Liberties Union has asked a Federal Judge to put a Hold on the Implementation of HB1264 ahead of the 2020 Primary. HB 1264, which Passed in 2018 and has been in Effect since June 2019, Modifies New Hampshire’s Election Laws to effectively make Casting a Ballot in an Election an Act of Residency.
New Jersey: U.S. District Judge William J. Martini has Denied a Motion for a New Trial in the Case of Developer Frank Raia who was Found Guilty of Fraud in a Vote-by-Mail Scheme. Raia will be Sentenced in about Three-and-a-half weeks.
Ohio: Beverly Kendall, who was Fired as the Miami County Board of Elections Director has Filed Suit against the BOE and Members Dave Fisher and Robert Long Individually. Kendall’s Suit Claims the Board Violated the Public Meetings Law when it Fired her in January and the Members Defamed her by Blaming her for Votes that Weren’t Counted in November 2018. Kendall seeks an Order finding the Board’s Action Violated the Open Meetings Act and asks for Job Reinstatement along with Compensatory and Punitive Damages of more than $25,000 each.
West Virginia: Attorney General Patrick Morrisey, as Counsel for Secretary of State Mac Warner, filed a Friend of the Court Brief with Jefferson County Circuit Court Judge Debra McLaughlin Thursday in Support of a Petition filed by Two Candidates in the Harpers Ferry Municipal Election held June 11th. Deputy Attorney General Curtis Capehart, on behalf of Warner, said the Harpers Ferry Town Council, Acting as a Board of Canvassers, Refused to consider Six Provisional Ballots cast during the Election. Of those Provisional Ballots, Four were Cast by Residents of Washington Street in Harpers Ferry who had Registered to Vote through the State Division of Motor Vehicles (DMV). Due to a Mistake in the DMV Addressing System, the Voters were Registered as Residents of nearby Bolivar instead of Harpers Ferry.
NYC Wins When Everyone Can Vote! Michael H. Drucker
