Legislative Updates
California: Senate Bill 57 has died in the Senate Elections and Constitutional Amendments Committee. Authored by Sen. Patricia Bates (R-36th District, Laguna Nigel) SB57 would have made Voter Registration through the DMV Optional instead of Automatic.
Florida: State Sen. Jeff Brandes (R-24th District, St. Petersburg), Chair of the Appropriations Subcommittee on Criminal and Civil Justice has proposed SB 1354 that Proposes a Single Checkbox on Voter Registration Forms that includes the Statement “I affirm I have never been convicted of a felony, or, if I have been, my rights relating to voting have been restored.” Brandes has also filed a Bill that would Require the Address on a Voter’s ID to Match that on their Voter Registration.
Kentucky: Senate Bill 2, which would Require All Voters to Show a Photo ID and provide Free Photo IDs to those who do Not have them, was introduced on the First day of the Legislative Session. The Bill has the Support of Secretary of State, Michael Adams.
New Jersey: The Senate Budget and Appropriations Committee was set to Debate Bill S-4315 that would Create a Mail-In Ballot County Reimbursement Fund with the Secretary of State’s Office. The Measure would provide Money to County Clerks to Implement Two Recent Laws that had the Clerks send 600,000 Ballots to Voters across the State last fall. It would place $4 Million into the Fund immediately, more than enough to Reimburse the Clerks for Spending on the Ballots in 2018 and 2019.
A Bill allowing New Jersey to Move Forward with Online Voter Registration and join 37 other States and the District of Columbia was Passed Out of an Assembly Committee this week.
Sen. James Beach (D-6th District, Cherry Hill) is backing away from his Proposal that would have Allowed County Clerks to Open and Tabulate Vote-by-Mail Ballots one week before Election Day. The Bill, S4306, was Voted Out of Committee Unanimously. Now, Beach says if it comes to a Floor Vote, he will Offer an Amendment that Removes the Provision that Allows the Early Tabulation of Mail-In Ballots. “After I looked into it, I’m not so sure it really is a good idea because of safety and security of the numbers,” Beach said.
New York: Gov. Andrew Cuomo (D) has Signed a Bill into Law that Changes the way Affidavit Provisional Ballots are Counted. The Bill would Allow Election Administrators to Count Affidavit Ballots when they “substantially comply” with the Requirements for Filling them Out.
Push to Approve Automatic Voter Registration (AVR) is set to Start Early in the State Legislation.
Virginia: A Bill introduced by Del. Sam Rasoul (D-11th District, Roanoke) would bring Ranked-Choice Voting and Open Primaries to the Commonwealth.
Gov. Ralph Northam (D) is Pushing a Proposal in the General Assembly that would Allow for 45 Days of Early Voting before an Election. The Proposal would also Repeal Lee-Jackson Day as a State Holiday and instead make Election Day a State Holiday.
Del. Hala S. Ayala (D-51st District, Prince William County) has Pre-Filed a Bill that Calls for the State’s Department of Elections to Study the use of Blockchain Technology to Protect Voter Records and Election Results. “In conducting its study, the Department of Elections shall (i) determine the kinds of blockchain technology that could be used to secure voter records and election results, (ii) determine the costs and benefits of using such technology as compared to traditional registration and election security measures, and (iii) make recommendations on whether and how to implement blockchain technology in practices affecting the security of voter records and election results.”
Legal Updates
Arizona: Prosecutors in Mohave County are looking into whether as many as 22 People may have Voted Improperly in the Colorado City Election in 2018. The People in question all seem to be Members of the Polygamous Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS). After Three Candidates friendly to the FLDS Won Seats on the Town Council Questions were Raised about the Residency of Voters.
A 2018 Suit filed by the League of Women Voters of Arizona and Promise Arizona that Argued the State’s Lack of Automatic Voter Registration Updates to Match Updated Motor Vehicle Addresses caused Voters to be Registered with the Wrong Address has been Settled. Plaintiffs filed a Motion in Federal Court to have the Suit against the Secretary of State’s Office Dismissed. The Dismissal is Contingent on the State providing More Effective Voter Registration Services for People Updating their Information at Motor Vehicle Offices or Online.
Michigan: A Federal Whistleblower Suit filed by two Former Employees of Macomb County Clerk Karen Spranger has been Settled for $110,000. The Employees had Sued alleging they were Fired in Retaliation for Ethics Complaints they Filed against Spranger for her Hostile Treatment of Employees and other Violations of County Laws and Policies. “For the present, we are done with Karen Spranger,” County Corporation Counsel John Schapka said.
North Carolina: Attorney General Josh Stein has said the State will Appeal the Recent Ruling that put a Halt to Voter Photo ID in the State, but he said that the State will Wait until after the March 3rd Primary to Pursue the Appeal. “To Avoid any further Voter Confusion in the Primary Election in which Absentee Voting begins in just 11 days and to Ensure that the Primary Election proceeds on Schedule and is Administered in an Orderly Manner, the Department will Not Seek a Stay of this Injunction before the primary,” he said in a Release.
Texas: In a Federal Lawsuit filed this week, the State Democratic Party and the Campaign Arms for National Democrats allege that the State is Violating the U.S. Constitution and Federal and State Law by Rejecting Voter Registration Applications without an Original Signature. In the Lawsuit, the Democrats argue the Secretary of State’s Signature Requirements are Unconstitutional and Impose “an arbitrary requirement that limits access to the franchise.” While the State Allows Eligible Texans to Submit Registration Applications in Person, by Mail, or by Fax. Texas Law “makes no reference” to Requiring an Original Signature, they Argue in the Legal Challenge.
Utah: The Utah County Officials are Reviewing whether to pursue Criminal Charges against San Juan County Clerk John David for Electioneering. An Investigation into Claims of Electioneering on the Part of Nielsen was Completed by the Weber County Sheriff’s Office in November. However, the Weber County Attorney Declined to take on Screening the Investigation’s Report for Possible Criminal Charges.
West Virginia: The Long-Running Dispute about whether or Not to Count certain Provisional Ballots in a Harpers Ferry June 2019 Election continued this week with Court Briefs filed this week by the Secretary of State’s Office and Two Candidates in the Disputed Race. Secretary of State Mac Warner Wrote, “as he did earlier in circuit court—that West Virginia law requires the provisional ballots to be accepted.” As part of his 11-page Brief, Warner states that the Ballots should be Accepted despite Clerical Address Errors made during Voter Registrations. “The outcome of this process tilts strongly toward counting votes unless there are concerns beyond merely technical ones,” the Secretary of State’s Brief states.
Wisconsin: Late last week, the Wisconsin Institute for Law and Liberty, which Successfully Sued the State Elections Commission to have roughly 234,000 Residents Removed from the Voter Rolls is calling for the Elections Commission to be Held in Contempt of Court because they have Not Yet moved Forward with the Removal. In the same Case, late on Tuesday, the Wisconsin Court of Appeals announced that it will Not Intervene with an Ozaukee County Judge’s Order to Immediately Purge the State’s Voter Rolls. The Appellate Court said it is Waiting for the Wisconsin Supreme Court to Decide whether it will Hear the Case.
Chad Armstrong, 81, has been Charged with Election Fraud for Voting in the 2018 Election even though he had been Convicted of a Felony.
NYC Wins When Everyone Can Vote! Michael H. Drucker
