Legislative Updates
Alabama: State Sen. Rodger Smitherman (D-18th District, Birmingham), filed a Bill this week that would Authorize No-Excuse Absentee Voting. Smitherman’s Senate Bill 335, strikes out the list of excuses, that qualify a Voter for an Absentee Ballot, and Deletes a Section of State Law that says they must have One of those Excuses to Apply for an Absentee Ballot.
Illinois: The Panel that sets Legislative Goals for McLean County Government has Approved asking State Lawmakers to Order County Clerks to send Mail-In Ballot Applications to All Registered Voters. County Board Member, Carlo Robustelli, said during a recent Legislative Subcommittee Meeting that the Move will help People Exercise their Constitutional Right to Vote during a Pandemic. “Given that the federal government and CDC and Illinois Department of Public Health are making recommendations about social distancing about certain segments of our population that will be most vulnerable, we should be proactive in making sure people do not have to choose between their health and their life, and voting,” said Robustelli.
Massachusetts: Secretary of State, William Galvin (D), introduced his Plan this week that would Alter how Ballots are cast in the Commonwealth during the Pandemic. The Slate of Changes would Apply only for the Sept. 1st State Primaries and the Nov. 3rd General Election in an attempt to Balance Voter Engagement and Protection against COVID-19 Transmission Risks. Under the Secretary’s Proposed Legislation, Voters could seek Mail-In Ballots for either or both Elections Without Any Excuse, and Local Election Officials could Mail them as soon as possible. In-Person Early Voting would also Expand from 12 days Ahead of the General Election to 18 days, including Two weekends, and from zero to 7 days before the Primary.
Michigan: State Sen. Jeff Irwin (D-18th District, Ann Arbor) has introduced a Bill that would Move Michigan to an All Vote-by-Mail State. Under the Bill, Registered Voters would Return their Ballots by Mail or Drop them off at Designated Local sites. The Bill proposes using the System already in Place for Absentee Ballots to provide that Opportunity for Citizens to Vote through the Mail. Clerk’s Offices would be Open on Election Day for Individuals who want to make use of Same Day Registration or, if they’re Disabled Voters, who need particular Accommodations or if Voters just want to Drop their Ballot Off In-Person because they don’t want to put it in the Mail. The Bill has been Referred to the Committee on Elections, Chaired by Republican State Senator and Former Secretary of State Ruth Johnson.
Missouri: The House Elections and Elected Officials Committee Approved the Bill on a Party Line Vote of 5-2, with Republicans In Favor and Democrats Opposed. The Bill would let Missouri Residents Vote Absentee if they are at Risk of Contracting or Transmitting COVID-19 and the Governor has Declared a State of Emergency.
New York: The Ulster County Legislature Voted 22 to 1 to Hold a Public Hearing on a Proposal that would Change County Law to Require that Ballot Recounts in Close Elections happen only if Requested by a Candidate. “I’m just flabbergasted about why we would even be considering something like this,” said Legislator John Parete (D-22nd District), a Former County Elections Commissioner. “I was in the Board of Elections. That’s our job,” Parete said. “I can’t, for the life of me, figure out or rationalize where this came from.”
North Dakota: North Dakota Secretary of State, Al Jaeger (R), has Approved for Circulation a Petition seeking to Reshape several aspects of North Dakota Elections by a Public Vote this fall. The Measure proposes a New Constitutional Amendment outlining Processes for Military and Overseas Voters, Election Audits, Open Primaries, Instant Runoff Elections, Legislative Redistricting by the New Ethics Commission, and Subdivision of House Legislative Districts. Its Text fills Three pages. Supporters Submitted the Petition Format to Jaeger in March. Organizers need 26,904 Signatures by July 6th.
Ohio: Democrats in the Ohio House of Representatives have Proposed launching a Blockchain Voting Pilot for Overseas Military Voters Registered in Ohio. The Bill calls on Ohio Secretary of State, Frank LaRose (R), to “establish a pilot program” of Blockchain Voting specifically for Uniformed Service Members Stationed Outside the U.S. The Bill was introduced by Reps. Beth Liston (D-21st District) and Michele Lepore-Hagan (D-58st District), and Cosponsored by 16 other Democrats. If Passed, it would see Military Members transmit their Ballots to Election Officials via “encrypted blockchain technology” that “protects the security and integrity of the process and protects the voter’s privacy.” The Receiving Board of Elections would then Print out that Ballot “for counting purposes.”
Oklahoma: Two days after the Oklahoma Supreme Court Struck Down a Requirement that Absentee Ballots be Notarized, House Republicans Pushed through a Bill to Reinstitute it. Rep. Chris Kannady (R-91st District, Oklahoma City) Authored an Amendment to another Bill in order to get the Change pushed through. SB210 Allows Voters to Attach a Photocopy of their State ID or Voter Registration Card to their Absentee Ballot during the COVID-19 Pandemic instead of having it Notarized. All House Democrats and Three Republicans Voted against the Bill, which now goes to the Senate.
Texas: El Paso County Commissioners are showing Support for Vote-by-Mail Measures to Protect People from being Infected with COVID-19 as the Pandemic continues to Impact the City. The Commissioners Voted Unanimously to Authorize the El Paso County Attorney’s Office to File a Brief Supporting a Travis County Court Judge’s Ruling to allow All Texas Voters to Cast a Ballot by Mail. County Commissioner, Carlos Leon, said during the Meeting that the County’s Number One Priority should be Safety. “We as a county need to look at this closer and give our voters the flexibility to vote by mail or show in person,” Leon said.
Wisconsin: The Racine City Council Approved a Proposal that would Direct City Clerk Tara Coolidge to Mail Absentee Ballot Applications and a Postage-Paid Return Envelope to every Registered Voter in the City for the November General Election.
Legal Updates
Alabama: Three Civil Rights Organizations filed a Federal Lawsuit seeking to Loosen some Absentee Voting Requirements and Overturn Bans on Curbside Voting amid the COVID-19 Outbreak. The Southern Poverty Law Center (SPLC), the NAACP Legal Defense Fund, and the Alabama Disabilities Advocacy Program (ADAP), filed the Lawsuit on Behalf of several Plaintiffs, including Four Voters with Medical Conditions that would leave them Vulnerable to COVID-19 if Required to Vote In-Person. The Lawsuit seeks to Overturn Requirements that a Notary or Two Witnesses Sign an Absentee Ballot. Attorneys call it an “unreasonable requirement,” particularly for those who Live Alone. Plaintiffs also seek to Suspend a Requirement that Voters include a Photocopy of their Personal Identification with Ballots and to allow Curbside Voting, in which Individuals can Cast a Vote at a Polling Place in their Car. The Lawsuit names: Gov. Kay Ivey (R), Alabama Secretary of State John Merrill (R), and 4 County Election Officials as Defendants.
California: An Agreement in a Lawsuit filed in June of 2019 that Accused Palm Desert of Violating the California Voting Rights Act will Push the Implementation of Ranked-Choice Voting until 2022. The Agreement acknowledged that given Current Conditions due to the Coronavirus it would be Difficult and Expensive to Roll Out Ranked-Choice at this time.
Florida: Priorities USA, Alianza for Progress, the Florida Alliance for Retired Americans, and Individual Plaintiffs, filed a Lawsuit this week Challenging Parts of Florida’s Rules for Vote-by-Mail Ballots. The Lawsuit Challenges State Laws and Procedures that include Requiring Elections Supervisors to Receive Vote-by-Mail Ballots by 7 p.m. on Election Night for the Ballots to Count. The Lawsuit argues that Ballots should be Valid so long as they are Postmarked On or Before Election Day.
After a week and a half of Testimony, the Ex-Felon Voting Rights Trial Wrapped-Up with U.S. District Court Judge, Robert Hinkle, signaling that he will Rule on the Side of the Plaintiffs. In 2018 Voters Overwhelming Approved Amendment 4 which Reinstated the Voting Rights to Former Felons after they had Completed the Terms of their Service. In 2019 the State Legislature Approved a Bill Now Requiring All Ex-Felons to Repay All Fees, Fines, and Restitution Before their Voting Rights may be Restored. Plaintiffs Argue that the New Law is a Modern-Day Poll Tax.
Georgia: U.S. District Judge, Amy Totenberg, ruled that requiring postage on mailed absentee ballots for the June primary is not an unconstitutional poll tax on Georgia voters, but she said she will consider changes in future elections. Totenberg said that removing the postage requirement would be difficult for the state to implement so close to the June 9 primary and confusing to voters who had already received their absentee ballots.
Iowa: A Judge has Ruled the Number of Polling Places in Woodbury County for the Primary Election on Tuesday, June 2nd, and a Special Election Tuesday, July 7th must be Increased from Two to a Minimum of Five. The Judge also Ordered Woodbury County Auditor, Patrick Gill, to establish a Polling Place in each of the Five State Representative Districts in Woodbury County. Gill says that’s a Workable Compromise.
Michigan: Michigan Election Officials Agreed to Allow Visually Impaired Voters to use Software to Complete an Absentee Ballot in Local Elections this week. The Deal filed in Federal Court last week is a Temporary Fix in an Ongoing Lawsuit. Voters with Visual Impairments will have an Opportunity to Request an Absentee Ballot typically Reserved for Military Personnel or Citizens who are Out of the Country. The Ballots can be Completed using Electronic Reader Software. They still must be Mailed or Delivered to Local Clerks. Secretary of State, Jocelyn Benson (D), says she’s Confident a Long-Term Solution can be Found.
Nevada: Chief U.S. District Judge, Miranda Du, Rejected an Injunction by True the Vote, on Behalf of Three Nevada Voters, to Halt a Plan to Conduct the State’s June 9th Primary Election mostly by Mail. In a 24-page Order, Du concluded that the Plaintiffs Lacked Standing to Assert their Claims and that Nevada’s Interests in Implementing the Plan far Outweigh the Burdens placed on Plaintiffs’ Right to Vote. And this week, a Group of Democratic Party-aligned Groups Dropped their Lawsuit after Clark County Election Officials Agreed to Expand In-Person Voting and other Changes for the June Primary.
North Carolina: A Group of Voters backed by Democratic Legal Groups Sued North Carolina seeking to Loosen Rules around Absentee Mail-In Ballots amid Predictions that the Coronavirus Pandemic will make Voting-by-Mail a Widespread Practice. They want the State to Provide Prepaid Postage on All Absentee Ballots, Change a Requirement for Two Witnesses to Sign a Ballot, Extend the Deadline for Receipt of Ballots until Nine days after Election Day and give Voters a Chance to Fix Signature Discrepancies before Election Officials Reject those Ballots.
North Dakota: A Group behind a Proposed Voting Rights Ballot Measure Filed a Lawsuit against North Dakota Secretary of State, Al Jaeger (R), arguing that Petition Circulators should be Allowed to Collect Signatures Online during the Coronavirus Pandemic. The Plaintiffs, which include Former First Lady Jane Sinner and a Fargo-based Organization called North Dakota Voters First, contend that the State Law Requiring Petition Circulators to Collect Necessary Signatures In-Person is Unrealistic and Dangerous as the Outbreak of COVID-19 continues to Affect the State. The Group would need to Submit at least 26,904 Signatures from Qualified Voters by July 6th to get the Measure on the Nov. 3rd General Election Ballot.
Oklahoma: The Oklahoma Supreme Court, on Monday, Struck Down a Requirement that Absentee Ballots must be Notarized to be Valid. An Order issued Monday by Chief Justice, Noma Gurich, Bars the Oklahoma State Election Board from Issuing Ballot Forms or other Election Materials that suggest Notarization is Required. Instead, a Statement Signed, Dated, and Declared under the Penalty of Perjury will Suffice on Absentee Ballots. The Order from the State’s High Court Requires the State Election Board to Recognize the Signed Statements as Proof that said Voter did Fill-Out their Own Ballot.
South Carolina: The South Carolina Republican Party is trying to Intervene in a Potentially Historic Legal Action in the S.C. Supreme Court where Democrats are seeking a High Court Ruling to Expand Absentee Voting this year Due to the Coronavirus Pandemic. “The SC GOP simply wants a seat at the table to ensure all stakeholders have a voice in this matter of public interest and importance,” the Republican Party Lawyers said in their Motion. The Supreme Court has Not yet said whether it will Hear the Case, a move called Original Jurisdiction, Without Sending it to a Lower Court First.
A Third Lawsuit seeking to Expand All Voters’ Rights to Vote Absentee in South Carolina’s June 9th Primary and November General Election was filed Friday in U.S. District Court in Columbia. This Lawsuit, brought by the Democratic National Campaign Committee, the Democratic National Committee, and the S.C. Democratic Party, is seeking Expanded Absentee Ballot Rights. The Lawsuit alleges that Racial Bias in S.C. Laws and History make it difficult for African Americans to Vote, especially during the Threat of the Coronavirus Pandemic. It’s also the Second Suit filed by the DCCC, the S.C. Democratic Party, which a week earlier filed a Suit with the S.C. State Supreme Court asking for an Expansion of Mail-In Voting along with Two S.C. Democratic Candidates Running in Contested Primaries in June.
Tennessee: A Coalition of Tennessee Nonprofits Sued the State in an Effort to Expand Access to Absentee Voting and Mail-In Ballots during the COVID-19 Pandemic. Tennessee’s Limits on Voting by Mail Force Voters to “choose between risking their health by voting in person, or forgoing their right to vote entirely,” the Federal Lawsuit stated. “Tennessee voters must be permitted to cast their ballots without subjecting themselves to unnecessary exposure to a pandemic disease.” The Plaintiffs called on a Judge to Ease Absentee Voting Restrictions, which they called Unconstitutional. The Lawsuit also Challenged Laws that can Disqualify some Absentee Ballots and Limit Groups’ Abilities to Help People get Mail-In Ballots.
Texas: The Texas Democratic Party has asked a Court to Order State Officials, specifically the State’s Attorney General, Not to Interfere with a Previous Court Order that Opened up Mail-In Voting. In their Filing Tuesday with the Third Court of Appeals, Lawyers Accused the State of thrusting Voters and Local Election Officials into “legal limbo” by Contradicting the Earlier Ruling. In its Filing, the Texas Democratic Party said the Court needs to Step In to ensure Counties and Voters do Not fear Applying for and Processing Vote-by-Mail Applications. “The State has taken the extraordinary action of publicly disregarding an order from a coequal branch of the government, asserting that its view of the Texas Election Code, which was rejected by the trial court, is law of the land and threatening those who follow the trial court’s interpretation with prosecution,” lawyers wrote in their motion. “This includes calling into question the validity of the injunction within Travis County and intimidating Travis County voters.”
Virginia: The Virginia Supreme Court has given Permission to Three Towns in Loudoun County to Move their Municipal Elections to Next Month in Response to the Ongoing COVID-19 Pandemic. With the Court Decision, the Towns of Lovettsville, Middleburg, and Purcellville, will now Hold their Municipal Elections to Thursday, June 4th.
A Judge has Approved an Agreement between the State and the League of Women Voters that will Allow Voters to Submit an Absentee Ballot Without a Witness Signature. The Judge writes that “applying the witness requirement during this pandemic would impose a serious burden on the right to vote, particularly among the elderly, immunocompromised, and other at-risk populations. Weighed against those risks, the present record reflects the likelihood that the burden would not be justified by the witness requirement’s purpose as an anti-fraud measure.” Under the Agreement, the Commissioner of the Virginia Department of Elections will be Required to take “additional reasonable steps” to make sure People know the Witness Requirement will Not be Enforced for Voters who think they Cannot Safely have a Witness Present.
NYC Wins When Everyone Can Vote! Michael H. Drucker
