Legislative Updates
Federal Legislation: Sen. Bob Casey (D-PA) has introduced the Accessible Voting Act of 2020 (S.3206) that would Amend the 2002 HAVA to Accessibility for Older Voters, Voters with Disabilities, Native Americans, and Voters with Limited Proficiency in English. Its Provision include providing Broader Access to Absentee Voting. and Creating a New Office to Oversee Accessibility within the Election Assistance Commission (EAC).
Arizona: On a Party-Line Vote, the House has Approved a Bill that would give the Attorney General Control over Reports of Suspected Voter Fraud and Allow Police at Polling Places.
Connecticut: Secretary of State, Denise Merrill, has introduced an Elections Reform Proposal that would, among other things, Extend Same Day Registration to Anyone in Line at 8 p.m., and Expand Voting Rights to All Formerly Incarcerated Residents as soon as they are Released from Detention. The Proposal would also Codify Automatic Registration, which was established by the Secretary of State’s Office, but Not as a Law.
District of Columbia: The Council of the District of Columbia is considering several pieces of Elections-related Legislation including the Paid Leave to Vote Amendment Act which would give Two hours of Leave from Work or School in order to Vote, the Improving Voter Registration for New Tenants and Homeowners Amendment Act that would Require the Board of Elections to Create a Voter Registration Packet to be given to every D.C. Tenant when they Sign a New Lease or Buy a Home.
Georgia: Senate Bill 409 would allow Voters to Sign-Up to be part of a Permanent Absentee Ballot List. “This is going to help voters of all different political stripes,” said state Sen. Elena Parent (D-42nd District, Atlanta). “To be honest, it’s probably going to be most popular among older voters, and they tend to skew Republican.” The Bill has Nine Democrat Co-Sponsors and No Republicans.
Indiana: The House is considering Senate Bill 334 that would essentially Prohibit Indiana from joining ERIC, a Voter Cross-Check Program for Multiple State Registrations, and would Force the State to Create its own Multi-Million Dollar Voter Registry Crosschecking system.
Iowa: Rep. Bruce Hunter (D-34th District, Des Moines) added an Amendment to House Study Bill 545 that would essentially Codify Former Gov. Tom Vilsack’s 2005 Executive Order that Automatically Restored the Voting Rights of Returning Citizens as soon as they are Released from Incarceration. A House Committee Unanimously Approved the Bill.
Kansas: The Senate is considering a Bill that would Allow Kansans to Sign-Up for a Permanent Vote-by-Mail List. If approved, Voters would Automatically Receive Mail Ballots for Every Election they are Eligible for and the Mailings would Halt if a Voter didn’t Cast a Ballot in Two Consecutive Elections.
Kentucky: By an 11 to 7 Vote, a House Committee Voted to Approve Senate Bill 2 which would Require a Photo ID in Order to Cast a Ballot.
House Bill 388 has been Approved by the House. Under the Legislation, Voters would Only be Allowed to Cast an Absentee Ballot with an Excuse such as being Required to Work Outside of the Country during Early Voting, have a Disability, or being Stationed Elsewhere for the Military. The Bill would also Allow Local Elections Officials to House more than One Precinct in a particular Polling Place, No matter the Size of the County.
Michigan: The House has Approved House Bill 5141 that would allow Local Governments to Team-Up with other nearby Communities or the County to Establish an Absentee Voting Counting Board that would hopefully Speed-Up the Process of Counting Absentee Ballots.
Minnesota: The Minnesota House of Representatives by a 72-55 Vote Advanced a Bill that would Restrict how the State’s Major Political Parties can Use Voter Data obtained in next week’s Presidential Preference Primary.
Missouri: The House has given Initial Approval to a Bill that would give Voters only Two Options to Prove their Identity at the Polls. The Legislation would Require Voters to Show a Photo ID or Cast a Provisional Ballot. Provisional Ballots would be Counted if Voters Return to their Polling Places on the Same day with a Valid Photo ID or if their Signatures Match the Ones on File with Election Authorities.
The House Elections and Election Officials Committee heard Testimony this week on a Bill that would Allow for No-Excuse Absentee Voting in the Show Me State.
Nebraska: Legislative Resolution 286CA would Remove Language that Dates to Nebraska’s 1875 Constitution that Prohibits Felons from Voting, even in Prison. It would still Bar People from Voting if they are Mentally Incompetent or have been Convicted of Treason.
New Mexico: A Bill that would have made Changes to the State’s Election Code Failed to receive a Vote in the Senate before the Session ended for the year. The Bill would have made a Series of Technical Changes to the State Election Code ahead of this year’s Elections. These included: Clarification on when the Legislature must Redistrict after a Census, Procedures for Same-Day Voter Registration after this year’s Election, and a Number of Changes to Absentee Voting, including that the Official Mailing Envelopes No Longer needed to Identify the Voter.
Ohio: Attorney General, Dave Yost, has Signed-Off on Ballot Initiative Language that would Put the Question of Same Day Voter Registration and Automatic Voter Registration before Ohio Voters.
The Richland County Commission is preparing to Vote on a Resolution that will Allow County Employees to Serve as Poll Workers in the Upcoming Primary. The Employees will Not be Required to take Vacation Time and they will also be Allowed to Keep the Pay they Received for Serving as a Poll Worker.
Pennsylvania: House Majority Leader Bryan Cutler (R-100th District, Lancaster) said this week that Lawmakers may soon consider Language that would make it Easier and Faster for Local Elections Officials to deal with the Rise in Vote-by-Mail Ballots. “We want to be prepared. We are positioning bills.”
South Carolina: The Senate Judiciary Committee is set to consider Legislation that would Require Residents to Sign an Application Certifying Allegiance to a Party on Voter Reg forms. It would Apply to All Elections moving Forward. Another Bill being considered would Require those Voting in the 2020 Democratic Primary to also Vote in the 2024 Primary.
Virginia: The Senate has now Approved House Bill 19 by a 21-19 Votes. Under the Bill, which was Approved by the House 57-43 the Commonwealths’ Voter ID Requirements would Revert to a Previous Standard that Requires Voters show some Proof of ID, like Voter Registration Card, Bank Statement or Paystub, but Not a Photo ID.
The Senate has Approved HB1 by a 25-15 Vote. The Bill allows Anyone in the Commonwealth to Vote Absentee without the Need for an Excuse. Gov. Ralph Northam is Expected to Sign the Bill into Law.
Wyoming: By a 7-2 Vote a House Committee has Approved House Bill 209 that would Ban Party Switching between the State’s Two Major Political Parties and Only within Two weeks Leading Up to a Primary Election.
Legal Updates
Election Litigation: The Re-Election Campaign of President Trump and the Republican National Committee (RNC) are Spending more than $10 Million on a Legal Campaign to Challenge Voting-Related Lawsuits brought by Democrats. The Multi-Million-Dollar effort pits the Two Parties against each other on the Issue of Voting Rights, with Democrats contending that they’re trying to make it Easier for More People to Cast Ballots and Republicans Arguing that they Must Guard against potential Fraud.
California: Santa Clara County has Sued the Services Employee International Union (SEIU), Local 521, to Stop the County’s Elections Employees from going on Strike. County Officials say they were Notified that SEIU Local 521 could Start their Strike by this Friday and “if allowed to occur and continue, will result in the inability of approximately 1.2 million registered county voters to vote in the March 3, 2020, presidential primary election.” County Counsel James Williams seeks a Temporary Restraining Order, Preliminary Injunction and Permanent Injunction “enjoining and restraining” Union Members and Representatives from going on Strike because they Perform Essential Public Services related to the Election.
Florida: Gov. Ron DeSantis has asked the Full 11th Circuit to Review a Case against a Law requiring Former Incarcerated Residents to Repay All their Fines and Restitution before their Voting Rights can be Restored. The Request for the En Banc Hearing comes after a Three-Judge Panel of the 11th Circuit Ruled that the New Law was Unconstitutional.
Georgia: Advocates have once again filed Suit against Georgia’s New Voting System this time citing Privacy Concerns as the Root of their Suit. The Lawsuit says that Highlighted Selections of Candidates Displayed on Large Touchscreens are Visible from 30 feet away. Polling Places will have Blue Cardboard or Plastic Barriers around the Touchscreens, but the Lawsuit contends they’re Inadequate. “This is a silly and desperate attempt by an out-of-state organization to interfere with Georgia elections,” Deputy Secretary of State Jordan Fuchs said. “This organization’s policy stance failed at the ballot box, failed in the General Assembly and has failed in the courts.” On Wednesday, Sumter County Superior Court Chief Judge R. Rucker Smith Denied an Emergency Motion to Require Paper Ballots filled out by Hand instead of by Computer.
Mississippi: Circuit Court Judge Larry Roberts heard Arguments this week in the Disputed Monroe County Supervisor Election from November 2019. Brian Atkins, who Lost by just 14 Votes, Challenged the Election Contested more than Three Dozen Ballots. Atkins argues that Election Officials accepted 20 or More Ballots that should have been Excluded. Another 18 Votes that should have been Counted were Not, according to the Complaint.
New Jersey: A Losing Candidate in Holmdel has Filed Suit in Monmouth County Superior Court over the Results of the 2019 Municipal Election. The Lawsuit Names the Winning Candidate along with Monmouth County Superintendent of Elections Mary Desarno, County Clerk Christine Hanlon, Holmdel Township Clerk Wendy Patrovich, and the Monmouth County Board of Elections, as Defendants. The Suit claims that as many Eight Ballots were Improperly Excluded from the Count, and that at least 10 Votes were Illegally Cast by Non-Residents.
North Carolina: House Speaker Tim Moore (R-111th District) and Senate Pro Tem Phil Berger (R-30th District) have filed a Motion with the State Court of Appeals for a Hearing on the State’s Voter ID Law. The Motion calls for an En Banc Hearing, which is a Procedural move Requesting a Rehearing of the Case by a 15-Judge Panel, which would mean Convening the Entire State Court of Appeals.
Pennsylvania: The Public Interest Legal Foundation has Sued Allegheny accusing the County of Violating the National Voter Registration Act by Not Undertaking a “reasonable effort” to Remove the Names of Ineligible Voters from the Rolls. Named as Defendants are David Voye, Manager of Elections, County Executive Rich Fitzgerald (D-3rd District), County Councilwoman Bethany Hallam (D-38th District), and Samuel DeMarco III (R-Allegheny County) who make up the Board of Elections and are Responsible for Supervising List Maintenance.
NYC Wins When Everyone Can Vote! Michael H. Drucker
