Legislative Updates

Alaska: The Mat-Su Borough Assembly Passed an Amended Version of Resolution 20-053 allowing Voting Precincts to remain Open for In-Person Voting for the Nov. 3rd Election, but robustly Promotes Absentee Voting. The Assembly heard Testimony from 38 People on the Ordinance at the Assembly Meeting on Tuesday night. Assemblyman Tim Hale (1st District) moved an Amendment to the Ordinance that allocated $500,000 of CARES Act Funding to the Clerk to Promote a Robust Absentee Voting Campaign including Two Mailers to All Registered Voters, One of which must be an Absentee Ballot Application. Hale’s Amendment also directed the Borough Clerk to provide Legislation Outlining the Changes that would need to occur to conduct a By-Mail Election, along with the Absentee Ballot Applications and Appropriate Protective Equipment for Election Officials.

District of Columbia: Councilmember Charles Allen (D-Ward 6) has introduced a Bill that among other things would Allow Felons in D.C. to Vote while still Serving Prison Time. The Board of Elections would be Required to Send Eligible Residents Voter Registration Forms, Voter Guides, and a Mail-In Ballot for the November Election.

Iowa: The Restoration of Voting Rights for Felons Passed the House Wednesday. According to the Bill, if the Person’s Right are Restored by the Governor or the President of the U.S., that Person may Register to Vote. The Bill states that Before the Person can Register to Vote they Must have done the following: Complete any Parole, Probation, or Special Sentence; Must Pay Victim Restitution; If the Offense is Child Endangerment Resulting in Death or Murder in the First Degree, that person must have received a Pardon or Restoration of Rights from the Governor. A Senate Committee which Halted Advancement of the Bill last year has Approved the 2020 Version of the Legislation.

House File 2486 seeks to Undo Emergency Action taken by Iowa Sec. of State, Paul Pate, in the wake of the ongoing COVID-19 Pandemic. In an effort to Minimize Risk to the Voting Public, Pate, sent Absentee Ballot Request Forms to every Active Registered Voter in April. As a result, Absentee Voting surged. Sen. Roby Smith’s, (R-47th District) Amendment would Allow the Secretary of State to make Changes to Election Processes in the case of Weather or Wartime Emergencies, but Not for the current Pandemic. Anyone requesting Absentee Ballots or Voting Early would be required to provide Voter Identification. Smith’s Amendment also would Prevent Pate from making Changes to Early or Absentee Voting in the time of an Emergency. The Senate Approved the Amended Bill, 30-19, with Only Republican Support.

Massachusetts: The House has Approved H.4768 which includes Several Provisions that will provide more Flexibility in Registration and Voting while Prioritizing Social Distancing Recommendations and Voters’ Health and Well-Being. Highlights from the Bill include: Secretary of the Commonwealth will Mail Vote-by-Mail Applications to All Registered Voters’ Mailing Addresses for the Primary and General Elections; Those that Apply for a Vote-by-Mail Ballot will be Mailed a Ballot from their Town or City Clerk; Postage for Applications and Ballots will be Pre-Paid; Allows the Secretary of the Commonwealth to promulgate Emergency Regulations for In-Person Voting to adhere to Public Health Recommendations, including Social Distancing, Masks or Face Coverings, PPE, Sanitizers, etc.; Allows City and Town Clerks to Deposit Mail-In Ballots into a Tabulator or Ballot Box prior to Election Day; Accommodations such as Phone and Electronic Application Submissions will also be made Available.

H.4768 also provides that Ballots Postmarked by Election Day, November 3rd, will still be Received by Town and City Clerks until November 5th and Shortens the Voter Registration Deadline to 10 days Prior to the Election. In addition, the Bill Permits the use of an Electronic Polling Book for the 2020 Elections as well as All Future Elections. Cities and Towns must also Evaluate and Report any Change to a Polling Place should the Change result in a Disparate Impact on the Basis of Race, National Origin, Disability, Income, or Age.

A wide-ranging Vote-by-Mail Bill is on the move after the Senate Ways and Means Committee Endorsed the Bill Tuesday, teeing it up for likely passage by the Full Senate next week. The Bill (S 2755) largely Mirrors a Version the House Passed 155-1 last week but adds a Provision to Cut Down on Mailing Costs and Requires the Secretary of State’s Office to Create an Online Portal for requesting Early and Absentee Ballots. The Senate Ways and Means Committee Voted 15-0 to Report the Bill-Out Favorably

Michigan: Under Senate Bill 756, Sponsored by Former Secretary of State, Ruth Johnson, Local Clerks Representing a Township with at least 10,000 Registered Voters could allow Election Inspectors Working Absent Counting Boards to take Shifts. Election Inspectors couldn’t go Home, however, they would have to Remain On-Premises until All Absentee Ballots were Counted. Absentee Ballots could Not be Left Unattended at Any time.

Mississippi: House Bill 297, which was Sponsored by State Rep. Becky Currie (R-81st District, Brookhaven), would allow Absentee Votes to be cast Electronically in the Registrar’s Office or by Mail. The House and Senate Election Committees held a Joint Hearing last week and heard from Secretary of State, Michael Watson and George County Circuit Clerk Chad Welford. Welford said Most of the Circuit Clerks Support this Legislation. Counties would need to Upgrade their Voting Systems and the Legislature is considering whether to Cover those Costs with CARES Act Funding.

Missouri: Gov. Mike Parson (R) Signed a Bill into Law that will Allow People to Vote-by-Mail this year if they’re concerned about the Coronavirus. Under the New Law, People considered At-Risk of the Coronavirus, those age 65 and Older, Living in a Long-Term Care Facility or with certain existing Health Problems, could Vote Absentee without needing to have their Ballot Notarized. Anyone else could cast a Mail-In Ballot but would need to get it Notarized.

New Hampshire: House Bill 1672, which has already Passed the House 194-132, had its Virtual Public Hearing in a Senate Committee last week and is being considered by the Senate Election Law Committee would Allow for No-Excuse Absentee Voting. An Amendment, which calls for Allowing for Early Processing of the Unseen Ballots several days in Advance of the Election and for Software to be Developed to allow for Online Voter Registration was also Passed and will now go to the Senate for Full Consideration.

New York: The Monroe County Legislature Voted to Override the Veto from County Executive, Adam Bello, that would have Stopped Legislation to add Six New Board of Elections Jobs. The Vote tally was 20-9. But there is a Budget Problem.

North Carolina: A previously Bipartisan Elections Bill, Approved 116-3 in the House, was Approved by the Senate 35-12 with All Republicans Voting in favor and the Democrats Splitting on the Bill. The Bill makes it Easier to Request an Absentee Ballot and to Vote that Ballot, relaxing a State Requirement that Voters get Two People or a Notary to Sign their Paperwork if they want to Vote-by-Mail. The Bill would also Create a New Online Portal Voters can use to Request Ballots, and it has Millions of dollars in it to help Election Officials prepare for the November General Election. The Controversy with the Bill arose over the Inclusion of Language about which Types of IDs are Acceptable as Voter ID. A Judge has Temporarily Stayed the State’s Voter ID Law and Democrats fear the Addition of Public Assistance IDs now was a Last-Minute Attempt to Clear Voter ID with the Courts in time for the November Elections.

Ohio: On a Party-Line Vote, an Ohio House Committee Passed a Bill that will make some Changes to Election Law. The Bill would Allow Secretary of State, Frank LaRose, to Spend Federal Dollars for Equipment and Poll Workers. However, a Provision to Cancel Early, In-Person Voting the Weekend before the Election was Removed. LaRose says he wanted Voters to be able to Request Ballots Online and for the State to Pay Postage for those Absentee Ballot. “The House took out some things I was concerned about, and the House put in some things I was asking for,” LaRose says.

Pennsylvania: Sponsored by Second-Term Rep. Natalie Mihalek (R-40th District, Allegheny/Washington), HB2502 is on its way to the Governor’s desk. The Legislation requires that the Department of State (DoS) produce a Report on the June 2nd Primary and mandates that the Report include more than Two Dozen Data Points on Election Procedure, such as Poll Staffing, Voter Registration, and Various Components of Mailed Ballot Processing. A Spokeswoman for the Governor says he Plans to Sign the Measure. It would require DoS to Finish the Document before Aug. 1st, just before GOP Legislative Leaders expect to Start Deliberations over making Changes to Pennsylvania’s Election Code ahead of the November General Election.

Vermont: State Lawmakers have given a Preliminary greenlight to Allow Vermonters to cast their Ballots by Mail this fall. The Vermont House Wednesday, followed the Senate in Approving the Bill to allow Mail-In Voting and Sidestepping the Governor, who had Advocated for a more Incremental approach, starting with the Primary this August. Election Officials say Voting by Mail will Protect Voters and Poll Workers from the potential Spread of the Coronavirus at the Polls. The Secretary of State’s Office has also said the Complex Planning needs to begin Immediately.

Legal Updates

Arizona: The State and National Democratic Parties are Challenging a State Law that Denies some People the Right to Vote because they Forgot to Sign their Mail-In Ballots. The Lawsuit filed in AZ Federal Court points out that State Lawmakers last year Agreed to Require County Election Officials to give People Five Business Days to “cure” their Ballots if it appears that the Signature on the Envelope does Not match what is on the Voter File. But Attorney Alexis Danneman said Arizona Law does Not offer a similar Option for those who simply Failed to Sign the Envelope.

Florida: Lawyers for Gov. Ron DeSantis (R) has asked a Full Appellate Court to consider a Challenge to a Voting-Rights Ruling that would pave the way for Hundreds of Thousands of Felons to Cast Ballots in the November Elections. Appeals in Federal Lawsuits are almost always initially heard by Three-Judge Panels, whose Decisions can be Revisited Later by the Full Court in what are known as “en banc” Hearings. But the DeSantis Administration last week asked the 11th U.S. Circuit Court of Appeals for an Initial Hearing by the Full Court, due in part to a Panel Decision earlier in the Case and because of the far-reaching Nature of the Lawsuit.

Indiana: Janet Reed of Vanderburgh County has been charged with “unauthorized absentee ballot,” a Level 6 Felony after she Mailed out Ballot Requests to Voters with the Democratic Party Box already Checked Off. Reed’s Actions caused about 300 Absentee Ballot Requests to be Rejected.

Michigan: A Republican Operative has filed a Lawsuit in Federal Court alleging a Suspiciously High Number of Voters Registered in 16 Michigan Counties. Tony Daunt filed the Lawsuit Tuesday in the Western U.S. District Court against Democratic Secretary of State Jocelyn Benson, Elections Director Jonathan Brater, and the Clerks Managing Voter Rolls in the 16 Counties. Daunt argued the State and Local Clerks were Failing to Eliminate Dead or Moved Individuals from their Qualified Voter Lists, perhaps Contributing to Higher Voter Registration Rates.

Minnesota: The American Civil Liberties Union (ACLU) is Suing the Minnesota Secretary of State, asking that Absentee Ballots be Mailed to Every Registered Voter due to the COVID-19 Pandemic. The Lawsuit was filed on Behalf of the NAACP and Two Elderly Minnesota Voters who live Alone and have Health Conditions. It contends that Voting In-Person would put the Women at Risk for Exposure to the Coronavirus. So would Voting-by-Absentee Ballot, because Minnesota Law Requires a Witness. The Lawsuit asks the Court to Suspend the Witness Requirement and Mail Absentee Ballots to Every Registered Voter in Minnesota for the August Primary and November General Election.

Mississippi: A Deputy Canton City Clerk Cleared of Voter Fraud Allegations has filed a Federal Lawsuit against Madison's, Rankin District Attorney, Bubba Bramlett, One of his Investigators, and Others in his Office in U.S. District Court in Jackson. Desma King was One of Nine People Charged from November 2018 to February 2019 in a Voter Fraud Case in Canton. However, Months after being Charged, the DA’s Office Dropped Charges against King.

North Dakota: U.S. District Judge Peter Welte ruled that State Elections Officials must Notify and provide a Remedy for Voters whose Mail-In Ballots are Rejected due to Signature Discrepancies. Advocacy Groups, including the League of Women Voters of North Dakota, Sued the State last month over a State Law that Requires the Signatures on Absentee Ballots and Ballot Applications to Match. The State didn’t Notify Voters if their Ballot was Rejected for a Mismatched Signature. Welte Approved the Plan that said County Auditors must “take reasonable steps as soon as practicable” to Inform Voters with Identified Signature Mismatches. Steps include First Calling Them and then Mailing Them if Contact can’t be made over the Phone. A Voter has until the Meeting of the Vote Canvassing Board on the Sixth day following the Election to Confirm the Legitimacy of their Signature. “If the voter does not respond to the notice, and if the canvassing board determines that the signatures do not match, the ballot shall not be counted,” Welte’s Order said. Voters with Rejected Ballots are to be sent a Written Notice Explaining the Reason. Welte has Not ruled on whether North Dakota’s Law is Constitutional, and the Lawsuit will continue. His Ruling last week Impacts only the June Election.

Pennsylvania: The Pennsylvania Democratic State Committee has Withdrawn a Complaint that sought to have 446 Voided Mail-In Ballots Counted. Filed in Lawrence County Common Pleas Court by the Committee’s Attorney, Jason Medure, the Complaint focused on Ballots that the County set aside after the June 2nd Primary because the Voters’ Identities had been Compromised. The Ballots either had Not Contained the Secrecy Envelopes, or the Identity of the Voter was Not evident on the Ballot. Lawrence County President Judge Dominick Motto heard Arguments in the Case last Friday in Court, but had Not yet Issued a Ruling Tuesday when Medure Withdrew the Complaint. Lawrence County Director of Elections Ed Allison Explained that the Ballots set aside were Not Secured as to the Identities of the Voters, “and they have been preserved as not counted.” Those Ballots will be kept Secured and “are not going anywhere for at least 22 months or longer if there is continuing litigation,” he said.

Tennessee: Davidson County Chancellor Ellen Hobbs Lyle ruled the State of Tennessee must give Any Registered Voter the Option to cast a Ballot by Mail, paving the way for widespread Mail-In Voting in light of the Coronavirus Pandemic. Previously, Tennessee has Limited the use of Absentee Ballots and Mail-In Voting to those who are actively Sick, Disabled, Traveling, or Elderly. The Risk of being Exposed to Coronavirus was Not considered Justification to Submit a Vote by Mail. The State Attorney General’s Office filed a Request in Davidson County Chancery Court to Appeal and Stay that Court’s Decision and Temporary Injunction

Texas: A Three-Judge Panel of the U.S. 5th Circuit Court of Appeals Stayed a Temporary Injunction by District Judge Fred Biery of San Antonio that Allowed People who Lacked Immunity to COVID-19, essentially All Texans, the ability to Vote-by-Mail. The Panel Unanimously Blocked that Injunction until a Full Appeal is heard. The Appeals Court had previously put the Lower Court’s Injunction on Temporary Pause. But Thursday’s Order brought the Expansion of Mail Voting in the State during COVID-19 to a Full Stop. The Injunction is now Blocked until Further Order of the Appeals court. While the Fight for Expanded Vote-by-Email continues in the Federal Courts, State Democrats, and Civic Organizations, that had Sued at the State Level have asked the State Appeals Court to Dismiss their Case.

Wisconsin: The Republican National Committee, the Wisconsin Republican Party, and the GOP-controlled State Legislature, are asking a Federal Judge to Allow them to Intervene in a Sweeping Lawsuit filed by Democratic-friendly Groups and Others Seeking Changes that would make it Easier to Vote in the November Presidential Election. The Republicans filed Motions in the Lawsuit Monday in Federal Court in Madison. The Wisconsin Legislature also asked that the Lawsuit filed Last Month be Dismissed. “This is another addition to the growing line of meritless lawsuits asking the federal courts to rewrite Wisconsin’s longstanding election laws,” Attorneys for the Wisconsin Legislature wrote. On Wednesday, U.S. District Judge William Conley Declined the Request and said the Case should Move Ahead quickly so that it can be Resolved long before the Upcoming Elections. He set a June 29th Hearing to Discuss the Initial Lawsuit.










NYC Wins When Everyone Can Vote! Michael H. Drucker