Legislative Updates
Federal Legislation: According to The Hill, House Majority Leader Steny Hoyer (D-MD) said that Democrats are Planning to unveil Voting Rights Legislation in the coming days and bring it up for a Vote as a way to Honor the Legacy of the Late Civil Rights Icon Rep. John Lewis (D-GA). Hoyer said that Democratic Leaders and relevant Committee Chairs, led by Majority Whip James Clyburn (D-SC), are Crafting the Bill to Supplement Legislation that the House Passed in December to Restore Key Parts of the Landmark Voting Rights Act of 1965 that Prohibited Racial Discrimination in Voting Practices.
U.S. Sen. Michael Bennet (D-CO) has introduced The National Emergency Student Vote Act that would Require Colleges and Universities to Send Nonpartisan Voting Information to their Students to Help them Register and Request Absentee Ballots for the November Election. The Requirement to send Information would Apply for Students who are Not located on Campus during the Pandemic. Institutions may also Email Students instead. If an Institution is Requiring Students to remain off Campus, it must Request Absentee Ballot Applications from the State and Distribute them to Students. The College or University should also make an effort to Inform Students about Deadlines and Voting Requirements in their State.
Connecticut: A 27-page Draft of Legislation to Expand Mail-in-Voting for the November Election was the focus of a Public Hearing Tuesday by State Lawmakers who will begin Debate on the Bill later in the week. The Bill would allow Local Election Officials to begin Counting Paper Ballots in City and Town Halls Early on the morning of Election Day, to Address the Expected Surge of Absentee Ballots during the Coronavirus Pandemic.
Idaho: County Clerks are Requesting a Special Session of the Legislature to make Changes to Election Laws in advance of the November General Election, to deal with Coronavirus concerns. Ada County Clerk, Phil McGrane, presented several Proposed Bills to the Legislature’s New State Affairs Working Group, to Adjust Procedures regarding Polling Places, Processing Times for Absentee Ballots and more. Among the Concerns are that huge numbers of Idaho Voters already have Requested Absentee Ballots for November, meaning County Clerks will need to be ready to Process them, and Counties are Experiencing Problems lining up Poll Workers, many of whom are Older and fall into High-Risk Groups for contracting COVID-19, and Polling Places, with many Regular Locations no longer Able or Willing to Accommodate Voting due to Virus concerns.
Indiana: State Democrats are calling for a Special Legislative Session in order to Address several COVID-19-related Issues as well as push for Racial Justice. On the Elections front, they want to address Absentee Voting. “And as Indiana now sees rising daily cases of COVID-19, we are almost assured that the pandemic will be nowhere close to being over in November. Hoosiers deserve to have safe options to exercise their constitutional right to vote while staying safe during this pandemic. These issues demand immediate solutions and immediate legislation.” Senate Leader, Tim Lanane (D-Anderson), said. They also called for allowing the Collection of Absentee Ballots up to 6 p.m. on Election Day.
New Hampshire: Gov. Chris Sununu (R) has Signed a Bill into Law that Creates a New Check-Box when Requesting an Absentee Ballot that specifies the Coronavirus as the Reason the Person wants to Vote Absentee. The New Law will also allow Voters to use One Applications to Receive Absentee Ballots for both the Sept. 8th Primary and the Nov. 3rd General Election. The Law will also Allow Town Officials to begin Processing Absentee Ballots several days before the Election.
Rhode Island: The House has Approved a Bill that will send a Mail Ballot Application to Every Voter ahead of the September Primary and the November General Election. The Bill will Only Apply to Elections in 2020. The Bill would also Require that Local Boards of Canvassers operate Drop Boxes where Voters can Drop-Off their Ballot until 8 p.m. on the days of the Elections. The Ballots would then be Processed Centrally at the Secretary of State’s Office. The Senate Refused to take up the Legislation. The House also Approved a Bill that would Allow People to cast “emergency ballots” in Regular Voting Machines at City or Town Halls up to 20 days ahead of an Election instead of the “labor-intensive’ Process of Emergency Mail Ballots. The Senate Approved that Bill and sent it to the Governor’s Desk for Signature.
Legal Updates
Alabama: A Three-Judge Panel of the 11th U.S. Circuit Court of Appeals Voted 2 to 1 to Uphold a Lower Court Ruling that Rejected Claims that an Alabama Law which requires Voters to show a Government-Issued Photo ID at the Polls is Racially Discriminatory. Rebuffing Opponents who argued the Law Violated the Constitution and the Voting Rights Act, the Court Ruled that “no reasonable factfinder could find that Alabama’s voter ID law is unconstitutionally discriminatory” based on the Evidence. But Judge, Darrin P. Gayles, a District Judge who heard the Case with the Circuit Judges, Dissented in an Opinion that noted Alabama’s “deep and troubled history of racial discrimination” and Voter Suppression. While some Absentee Fraud occurs, Gayle wrote, In-Person voting Fraud is ”virtually non-existent.”
Alaska: A Coalition of Advocacy Groups and Individual Voters have Sued Alaska Lieutenant Gov. Kevin Meyer (R) and the Division of Elections over the Decision to Mail Absentee Ballot Applications only to Voters over the age of 65. The Lawsuit argues that the State’s Actions Violate the 26th Amendment. The Suit explains Not only that the Selective Mailing is Unconstitutional, but that is Irrational because the State’s Mailing leaves out many Alaskans who would be Prime Candidates to Vote Absentee including Individuals at High Risk for COVID-19.
Arkansas: Pulaski County Circuit Judge, Wendell Griffen, said this week that he’ll side with Secretary of State John Thurston (R) and Throw Out a Pandemic-related Lawsuit over the State’s Absentee-Voting Practices unless the Plaintiffs can show him Proof, within a week, that Election Authorities have done something Wrong. The Judge outlined his Position on the Month-old Litigation in a Seven-page Ruling that states that the Three Plaintiffs have Not shown any Evidence that they “have suffered or face imminent danger of suffering any injury protected by law” related to the Actions of the Secretary of State.
Connecticut: The Chief of the State Supreme Court ruled this week that Four Candidates running for Congress chose the Wrong Venue to Challenge the State’s Plan to Mail Absentee Ballots to All Eligible Voters. While the Candidates Styled their Complaint as an Original Jurisdiction Proceeding in the State Supreme Court, Counsel for the State emphasized in a Motion to Dismiss that the Law permitting such Challenges “applies only to elections, not primaries.” Chief Justice Richard Robinson Tossed the Case Monday afternoon shortly after holding Remote Arguments on the Motion. In a 1-page Order, the Chief wrote that an Original Proceeding under State Law 9-323 “is not a proper vehicle to challenge a ruling of an election official with respect to a primary. Instead, the plaintiffs’ challenge should have been brought in Superior Court,”.
Florida: A Judge has Rejected the City of Miami’s Request for an Injunction Ordering the County and Supervisor of Elections to provide more Early Voting Sites. A Lawyer for the City told the Court there is a “voting desert” in the Middle of Miami, particularly in Hispanic Neighborhoods, that Infringed on Voters’ Ability to Cast a Ballot, especially during the Pandemic.
Maine: Several Blind and Visually Impaired Voters have filed a Federal Lawsuit over their Inability to Independently Mark Paper Absentee Ballots in Maine. The Four Plaintiffs are alleging that the Lack of Accommodations Violates the Federal Americans With Disabilities Act and the Maine Human Rights Act. They are asking for a Remedy before the November 3rd General Election. Kristin Aiello is an Attorney with Disability Rights Maine who filed the Lawsuit against the Maine Secretary of State’s Office and Several City Clerks on behalf of the Four Maine Residents. Aiello says their Desire to Vote Absentee has been Exacerbated by the New Coronavirus Pandemic. Three of them have underlying Medical Conditions that put them at High Risk if they Contract COVID-19. And while Gov. Janet Mills (D) issued an Emergency Order that Expanded the Absentee Voting Program to Encourage All Registered Voters to Safely Vote from Home via Absentee Ballot, Aiello says her Clients Cannot do that.
Michigan: The ACLU of Michigan has filed a Complaint Against the Flint City Clerk’s Office seeking to Account for Absentee Ballot Requests submitted to the Clerk and getting the Ballots out to Voters in Time for the upcoming Aug. 4th and Nov. 3rd Elections. The Complaint, filed in Genesee County Circuit Court Thursday, demands that the Clerk’s office, Closed by the Pandemic since March 17th, be Reopened to the Public and that Information about the Status of Absentee Ballot Applications and Ballot Mailings be made Public. The Complaint requests “expedited consideration” because of the Tight Timeline leading up to the Elections. It also Demands that Absentee Ballots be Mailed-Out within 24 hours of Receipt of the Ballot Application. The Complaint states that the City Clerk has Failed to Comply with “basic legal duties” and aims to Protect the Plaintiffs from “being denied their constitutional absentee voting rights and from potential disenfranchisement.”
A Court of Appeals Panel sided with the State Legislature this week, Upholding a Rule that would require Voters Without a Driver’s License or Personal Identification to Vote a Challenged Ballot. The Case was a Consolidation of Two similar Arguments brought by Voting Rights Group Priorities USA and Ballot Committee Promote the Vote, which Promoted the Voter-Approved Voting Rights Initiative known as Proposal 3 in 2018. The Case had been Dismissed June 24th by the State Court of Claims before it was Appealed to the Court of Appeals. “…the Legislature’s definition of proof of residency is a reasonable means to prevent voter fraud,” Judge Patrick Meter wrote in a 2-1 Decision.
The League of Women Voters is Appealing a Decision that requires Absentee Ballots be received by Local Clerks by Election Day to the Michigan Supreme Court. The League says Voters should have their Ballots Count if they are put in the Mail by Election Day. “The unconstitutional barriers to absentee voting in Michigan, must be corrected immediately,” said Christina Schlitt, President of the League of Women Voters of Michigan in a Statement. Schlitt said they want the State’s Highest Court to Rule by September 4th, “so voters, candidates and election officials know the rules well in advance of the November general election. This will ensure voting is accessible and convenient for every registered voter in Michigan.”
New York: Two Candidates and more than a Dozen Voters filed a Lawsuit in Federal Court accusing Governor Andrew Cuomo (D) and the New York State Board of Elections of Creating an “election snafu” during the Pandemic that Stands to Disenfranchise Thousands of Voters. The Plaintiffs argue the Problem stems from One of the Executive Orders Signed by Cuomo to Expand Access to Absentee Ballots due to the Covid-19 Public Health Emergency. It required Boards of Elections Statewide to Send Voters a Postage-Paid Absentee Ballot Envelope, a Change from the Previous System where Voters applied their Own Postage. In the Complaint, Plaintiffs argue that this Deluge of Absentee Ballots in the Primary were Handled Inconsistently in part because of the State Board of Elections’ Reliance on the U.S. Postal Service and that those Ballots will be Counted, or Not Counted with, “lightning-like randomness.”
Belén Colón, 81, filed the Federal Lawsuit, earlier this month, seeking Payment for Damages she says she Sustained on Primary Day, where she Alleges a Series of Events unfolded that Resulted in her being Unable to Vote for her Candidate and Left feeling Discriminated against for being Hispanic. The Lawsuit Alleges that Colón and Three other Puerto Rican Senior Citizens had to be Shuttled by her Daughter to the Baden Street Settlement Polling Site after the Board of Elections Consolidated Polling Sites, the Odds of the Lawsuit being Successful could be long; past Legal Precedents show that it is Difficult to Prove any Monetary Damages if one’s Vote is Not Counted and there appears to be No Evidence that the Problems were so Widespread as to Affect the Election Outcome.
North Carolina: This week, the North Carolina NAACP asked a Wake County Judge to Block the use of Touch-Screen Voting Machines. The NAACP argues that New, Touch Screen Voting Machines Risk Exposing Voters to COVID-19. It also said the ExpressVote Machines are “insecure, unreliable, and unverifiable” and Threaten “the integrity of North Carolina’s elections.” This week’s Request for an Injunction said the Machines create “unique and substantial risks to the lives and health of voters” because each Screen will be Touched Frequently.
Tennessee: U.S. District Judge, Eli Richardson, in Nashville, said he will Not Block Three Tennessee Laws Dealing with Absentee Voting for the Aug. 6th Primary Election amid the Coronavirus Pandemic, saying the Groups that sought the Action should have Requested it Earlier. Richardson Issued the Order on the Laws that Bar First-Time Voters from Voting Absentee unless they show an ID at the Local Election Office, make the Unsolicited Distribution of Requests for Applications for Absentee Ballots a Misdemeanor for People who are Not Election Workers and spell out a Signature Verification Process for those Voters. The Groups also sought a Requirement that Voters get the Chance to Fix Signature Matching Issues with their Ballots. Richardson Wrote that he will still consider whether to Block the Laws for the November Election.
Texas: Mi Familia Vota, the Texas NAACP, and a Group of Voters have filed Suit claiming the State’s Current Polling Place Procedures, including Rules for Early Voting, the Likelihood of Long Lines, and Gov. Greg Abbott (R)’s Decision to Not Require Voters to Wear Masks, place an Unconstitutional Burden on Voters while the Virus remains in Circulation. That Burden will be particularly High for Black and Latino Voters whose Communities have been Disproportionately Affected by the Virus, the Lawsuit Argues. Abbott and Texas Secretary of State, Ruth Hughs (R), are named as Defendants, but the Suit Targets some Decisions that are ultimately up to Local Officials. The long list of Changes the Plaintiffs are seeking includes: a Month of Early Voting; an Across-the-Board Mask Mandate for Anyone at a Polling Place; a Suspension of Rules that Limit who can Vote Curbside without entering a Polling Place; and Overturn a relatively New Statewide Election Law that Ended the Long-Established Practice of setting up Temporary or Mobile Early Voting Sites that could be Moved around during the Early Voting Period to Reach as Many Voters as possible near where they Live, Work or go to School. They are asking the Court to Allow Counties a Temporary Reprieve from that 2019 Law, which is the Target of a separate Lawsuit filed last year.
West Virginia: The 23rd Judicial Circuit Judge, Debra McLaughlin, has again Ordered Harpers Ferry Town Leaders to Count the Provisional Ballots of Four Voters in the Disputed 2019 Municipal Election. “While the (W.Va.)Supreme Court affirmed this Court’s ruling that the four votes in question should be opened and counted; the (W.Va.) Supreme Court did reverse this Court’s November 6, 2019 ruling regarding the question of standing of (town council candidate) Nancy Singleton Case,” McLaughlin’s New Order states. “The state Supreme Court’s decision in the case was filed June 15 and remanded the case back to Jefferson County Circuit Court.” McLaughlin had previously Concluded that the Four Provisional Ballots should be Included in the Vote Tallies because the Voters’ Names were Left-Out of the Poll Book because of a Technical Error involving the West Virginia Division of Motor Vehicles. Citing the High Court’s decision in the Case, McLaughlin’s Order Reverses the Decision of the Harpers Ferry Contest Tribunal Order declaring Election Results, and Orders that the Harpers Ferry Town Council count the Provisional Ballots of the Four Voters.
NYC Wins When Everyone Can Vote! Michael H. Drucker
