Legislative Updates
California: The Los Angeles County Board of Supervisors Approved a Proposal that would send Mail-in-Ballots to every Eligible Voter in All Elections starting with the November 3rd, 2020 General Election. It would also instruct the Registrar-Recorder/County Clerk to take Appropriate Measures to Align In-Person Voting Options for the General Election to ensure the Safety of Voters and Election Workers. The Supervisors have also Proposed Sending Letters to both the Los Angeles County Congressional Delegation and the Los Angeles County State Legislative Delegation urging that Funding be Allocated to Support the Implementation of the Expanded Vote-by-Mail Model.
Louisiana: An Emergency Plan for Louisiana’s Delayed Spring Elections was Approved by the State Legislature after Republican Lawmakers Rolled Back an Expansion of Mail-in-Ballots for People concerned about the Coronavirus. The State House and Senate both Approved the Revised Plan, crafted by Secretary of State, Kyle Ardoin (R), even as a Contingent of GOP Lawmakers sought to Block it because they believed it still featured too much Access to Mail-in-ballots.
Minnesota: The Minnesota House State Government Finance Division Approved a Bill Monday, which Authorizes the Minnesota Secretary of State to Direct that the 2020 State Primary and State General Elections be Conducted Primarily by Mail.
Texas: Harris County Commissioners Court, on Tuesday, Voted to Spend up to $12 million for an Expected Uptick in Requests for Mail-in-Ballots in the July Primary Runoff and November General Election from Voters concerned about Contracting the Novel Coronavirus at Polling Places. The Three Democrats on the Five-Member Court Voted to give County Clerk, Diane Trautman, enough to Send a Mail-in-Ballot to every Registered Voter in the County over the Objections of the Two Republican Members who said the Clerk Failed to Justify the Expense.
Legal Updates
Arizona: In a Legal filing submitted this week, Attorney General, Mark Brnovich (R), laid out for the U.S. Supreme Court Justices why he believes the 9th U.S. Circuit Court of Appeals got it Wrong earlier this year when it Declared that the State acted Illegally in making it a Crime to Return someone else’s Early Ballot. He said the State had Good Reason to Act in a way to Prevent the Potential for Fraud and Intimidation of Voters by Political Operatives who were Collecting these Ballots. But Brnovich also told the Justices they have to Slap Down the Logic used by the Appellate Judges, that Arizona Lawmakers enacted the Ballot Harvesting Law with the Goal of Suppressing Minority Vote, in Voiding the Law. He said if that Verbiage is Allowed to Stand, it could pave the way for Future Challenges, and Not just here.
California: The California Republican Party Sued State Officials to Ban “Ballot Harvesting” in the upcoming Runoff for the Seat of Former Rep. Katie Hill (D). In a Lawsuit filed late Wednesday in State Court against Governor, Gavin Newsom (D), and other Officials, the Party Claims allowing Campaign Workers and Volunteers to go Door-to-Door to Collect Ballots Conflicts with the Statewide Shelter-in-Place Order caused by the Coronavirus Pandemic. The Lawsuit accuses Newsom of “dodging” the Party’s Requests for Clarity as to whether the Practice should be Allowed in a Pair of May 12th Special Elections.
Florida: Arguments were heard this week over Changes to State Law that Require Ex-Felons to Repay All Financial Restitution before they may Regain their Rights.
Indiana: Twelve Voters, Two of them Members of Indiana Vote by Mail, have filed Suit against the Indiana Election Commission and the Indiana Secretary of State seeking to Expand the Use of Mail-in-Ballots for the November 3rd General Election. The Lawsuit contends the State’s Election Law allowing some, but Not All, Registered Voters to Vote-by-Mail Violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitutions and the Equal Privileges and Immunities Clause of the Indiana Constitution.
Iowa: Woodbury County District Court Judge, Jeff Poulson, heard Arguments in a Lawsuit brought against the County Auditor, Pat Gill, by Sioux City Businessman and Former State Senator, Rick Bertrand. The Former Iowa State Senator claims Gill’s Plan to Limit Polling Places because of COVID-19 puts Republicans at a Disadvantage.
Maryland: U.S. District Court Judge, Ellen Hollander, has Ruled that the State Board of Elections must Hand Over Voter Registration Data for Registered Voters in Montgomery County to Judicial Watch. In her Opinion, Hollander wrote: “Judicial Watch need not demonstrate its need for birth date information in order to facilitate its effort to ensure that the voter rolls are properly maintained. Nevertheless, it has put forward reasonable justifications for requiring birth date information, including using birth dates to find duplicate registrations and searching for voters who remain on the rolls despite ‘improbable’ age. Because full voter birth dates appear on completed voter registration applications, the Administrator may not bypass the Act by unilaterally revising the Application.”
The Anne Arundel Circuit Court has Ruled that a Notice must be Placed Inside each Ballot Package in Hagerstown, Washington County, to Inform Voters that the City’s Mayoral and City Council Races are Nonpartisan. The County’s Republican Central Committee asked for a Legal Review of the Primary Election Ballot, which Lumped the Nonpartisan Hagerstown City Election with Partisan Races. The Committee also noted that the Ballot doesn’t Indicate that the City Races are Nonpartisan.
Michigan: Nymna Turkish PC is Suing Secretary of State, Jocelyn Benson, and Director of Elections, Jonathan Brater. for Failing to Provide Alternatives for Blind People to Vote Absentee. The Lawsuit requests a Judge to Require Michigan to Implement an Accessible Absentee Voting Alternative by the May 5th Election. The Federal Lawsuit was Filed over the Weekend, on behalf of Blind Michiganders, Michael Powell, and Fred Wurtzel, the Current and Former President of the Michigan Affiliate of the National Federation of the Blind. “People will get COVID because they cannot vote from home,” Turkish said, who’s a Blind Michigan Voter himself.
Minnesota: Ramsey County Judge, Thomas Gilligan, has Ruled that the Minnesota Secretary of State’s Office must Post Signs at Polling Places explaining that Voters who have a Disability or are Unable to Read or Write can choose Someone to Help them Cast their Ballot. Voters will Not be Allowed to seek Help from their Employer or a Representative of their Union. “The Voting Rights Act expressly pre-empts any state law that imposes restrictions that conflict with and are contrary to its protections. Minnesota does not have the authority to enforce a criminal law that is pre-empted by the Supremacy Clause of the United States Constitution.” Gilligan wrote.
Nevada: This week, U.S. District Judge, Miranda Du, heard Arguments, via Teleconference, from Parties involved in a Suit over the State’s Vote-by-Mail Primary. Lawyers for State and National Democratic Interests and True the Vote, a Conservative Voting Rights Group, are Challenging the Plan from Opposing Angles: Democrats want More In-Person Polling Places and other Protections for ensuring Voting Opportunities. The Conservative Group is Claiming an All-Mail Procedure presents a Greater Potential for Ballot Fraud. Du said she would Rule by the End of the week.
Oklahoma: The League of Women Voters of Oklahoma and Two Voters have filed Suit against Election Board Secretary, Paul Ziriax, seeking to Drop the State Requirement that Absentee Ballots be Notarized. “Unlike voters in almost every other state, however, Oklahomans seeking to vote absentee must overcome a substantial obstacle,” the Suit said. “Oklahoma is one of only three states in the entire country where — at least according to the Respondent, the Secretary of the State Election Board — an absentee ballot must be accompanied by an affidavit notarized in person by a notary public.” The Requirement for a Notary to Sign the Absentee ballot puts a Burden on those Seeking to Avoid Contracting COVID-19, according to the Suit. Attorneys for the State have asked the Court to Toss the Suit saying Changing Absentee Voter Requirements would Upend the Will of Oklahoma’s Legislature and Voters, according to Court Documents.
Pennsylvania: The Public Interest Law Center has filed Suit seeking to Extend the Deadline for when Absentee Ballots can be Received in Local Elections Offices. The Suit is asking Pennsylvania Supreme Court to Change the Rules so that any Absentee and Mail-In Ballot must be Counted so long as the Voter sends it by June 2nd add Counties get it by June 9th.
U.S. District Judge, Paul S. Diamond, found there was “no credible evidence” to Support Green Party Presidential Nominee, Jill Stein’s concerns over Philadelphia’s Voting Equipment and that Granting her Request would effectively Disenfranchise Philadelphia Voters, as there would be No way to Replace the Machines with New Ones in time for the Election. “The Commonwealth and the city have expended considerable resources to demonstrate that Dr. Stein has based her motion on absolutely nothing,” he wrote. “Yet,” he added, her “daft theories … will undoubtedly shake the belief of some in their government because Stein has convinced them that voting integrity is at risk in Pennsylvania. This is certainly the most unfortunate consequence of Stein’s pointless motion.”
Texas: Citing the Threats of the Coronavirus, Six Texas Voters filed Suit in Federal Court Challenging Restrictions that Limit Age Eligibility for Voting-by-Mail to those 65 and Older. The Voters, All between the ages of 18 and 28, claim the Texas Election Code Violates the 26th Amendment’s Protections against Voting Restrictions that Discriminate based on Age. While All Texas Voters 65 and Older can Request a Mail-in-Ballot, those Younger than 65 must meet a Narrow Set of Requirements to Qualify.
Virginia: Last week, the League of Women Voters of Virginia, Sued the State in an Effort to Drop the Requirement that Absentee Ballot Signatures be Witnessed. This week, the State’s Attorney General and State Board of Elections, the Defendant in the Case, Issued a Joint Brief in Support of a Consent Decree that Allows Absentee Ballots without Witness Signatures for those who believe they Cannot Safely have a Witness Present. The Consent Decree still needs Sign-Off from the Court and on Wednesday, the Republican Party of Virginia filed Paper Work seeking to Intervene in the Suit.
Wisconsin: Supreme Court Justice, Daniel Kelly, who Recently Lost his Election Bid, said he will Participate in the State’s Voter Purge Case after Recusing Himself in December. Kelly’s Participation in the Case, which could Result in Removing from the Rolls as many as 200,000 Wisconsin Voters who may have Moved, would Add another Conservative Justice to the Case and make it more likely the Voter Purge will happen. The Case will now be Heard by the Full 5-2 Conservative Majority Court instead of the 4-2 Ratio during Kelly’s Recusal.
NYC Wins When Everyone Can Vote! Michael H. Drucker
