Legislative Updates
Federal Legislation: Congresswoman Grace Meng is reintroducing legislation in the House of Representatives to lower the voting age in America to 16. Since 16- and 17-year-olds are legally permitted to work, drive, and pay federal income taxes, Meng says they should also be able to have their voices heard at the ballot box. In 2018, Meng introduced the measure (H.J. Res. 138) to replace the 26th amendment to the United States Constitution with a new amendment that would allow 16- and 17-year-olds to vote. The last time the voting age was changed was when it was lowered from 21 to 18 in 1971. If enacted, the voting age would be lowered for federal, state and local elections. Meng’s legislation includes 17 original co-sponsors. “Our young people, including 16- and 17-year-olds, continue to fight and advocate for so many issues that they are passionate about from gun safety to the climate crisis,” Meng said. “They have been tremendously engaged on policies affecting their lives and their futures. Their activism, determination, and efforts to demand change are inspirational and have truly impacted our nation. It’s time to give them a voice in our democracy by permitting them to be heard at the ballot box. “I believe that it is right and fair to also allow them to vote. Let’s let them be heard and make their voices count. Let’s give them a say in choosing who they want their government representatives to be. I’m proud to stand with our young people in introducing this legislation, and I urge my colleagues in the House to support it.”
Arizona: The Arizona Senate voted to not hold the Maricopa County Board of Supervisors in contempt for failing to turn over voting machines and ballots from the November election. The vote was expected to pass with a Republican majority, but GOP Rep. Paul Boyer voted against the resolution, evening the tallies at 15 each and killing the resolution. If the vote would have passed, the five-member board consisting of just one Democrat could have been subject to immediate arrest. “Ultimately, today’s vote to reject the resolution provides more time for us to work together for the sole purpose of gaining more clarity,” Boyer said in a statement. “It is NOT a final determination, nor is it the end of the process. “My vote is about patience. It’s about resolving disagreements civilly, and these are things that I believe all Senators can agree upon regardless of our respective votes today.” The Senate has been trying since mid-December to get access to ballots and other materials so they can do their own audit of the election results. They are prompted in part by the many Republicans who subscribe to unfounded claims that President Joe Biden won Arizona because of problems with vote counting. GOP senators say they’re just trying to boost voter confidence in elections.
Florida: Republican Sen. George Gainer of Panama City filed SB774, which would make super voting sites optional for counties across the Sunshine State. Rep. Thomas Maney (R-Fort Walton Beach), filed an identical bill, HB635, in the House. During the early voting period, voters can cast a ballot at any early voting site in their county. On Election Day, they must go to a particular voting precinct. This often causes voter confusion on Election Day, Andersen said. The proposed super voting sites would allow voters to cast their ballot in person at any super voting site in their county, even on Election Day. Voters’ ballots are recorded to prevent anyone from trying to vote a second time. To qualify as a super voting site, it must provide the same opportunity to all voters to cast a ballot and needs sufficient parking. These are already requirements for early voting sites, suggesting most counties that shift toward super voting will just use their early voting sites.
Georgia: The deadline for voters to request absentee ballots would be moved back to 10 days before election day, according to a bill that passed a House committee Tuesday with bipartisan support. The legislation would also require county election officials to get absentee ballots in the mail within three business days after receipt. Currently, voters can request absentee ballots until the Friday before election day, but that doesn’t leave much time to receive and return ballots. State law requires absentee ballots to be returned to county election offices before polls close on election day. “It’s almost misleading the way our current law works,” said state Rep. Barry Fleming, a Republican from Harlem and chairman of the House Special Committee on Election Integrity. “You could request a ballot properly, and there would be almost no way you’d get it back in time.” The measure, House Bill 270, doesn’t make exceptions for last-minute absentee ballot requests from voters with emergencies, such as COVID-19 quarantine, illness or military duty. The committee had approved a previous version of the bill last week, but the lawmakers reconsidered it Tuesday in response to concerns. Initially, the legislation would have prohibited election officials from mailing absentee ballots in the last 10 days before election day, and voters would have had to request ballots beforehand. The bill will now be considered by the House Rules Committee before reaching a full vote of the Georgia House of Representatives.
Idaho: Following an election with a record number of mail-in votes and widespread misinformation on voter fraud, legislators and elections officials have been working to rewrite Idaho’s absentee voting laws. The Senate State Affairs Committee has voted to introduce multiple bills on the topic. The most significant was presented Monday by Ada County Clerk Phil McGrane. It would make the temporary voting changes passed during the August special legislative session permanent. The methods used in Idaho during the 2020 election expired on Dec. 31, 2020. During the special session, lawmakers approved a law allowing the opening and scanning of ballots beginning seven days before Election Day that November. A new addition to the bill would change the requirement for absentee ballots to be sent out to voters from 45 days prior to the election to 30 days prior to the election. Military voters or voters living overseas would still be required to have it sent 45 days prior. Two additional bills on the topic were printed on Monday and referred to the Senate State Affairs committee. Senate Bill 1064 would no longer allow absentee voters to request a new mail-in ballot for a different party. Now, voters “can only request the issuance of a new ballot of the same type they originally requested.” Senate Bill 1069 would require all issues with absentee ballots to be resolved by 8 p.m. on the day of the election. The clerk must attempt to contact the voter “to ensure the issue is not related to any form of fraud” and give the voter “the opportunity to remedy the issue.”
The House State Affairs Committee gave a do-pass recommendation to a new bill that would make it a felony to collect and return ballots on behalf of others. Under the proposed law, voters would only be allowed to handle two ballots at one time unless a person was authorized to hold more. Authorized persons would include postal workers. The bill, said sponsor Rep. Mike Moyle (R-Star), is intended to prevent ballot harvesting. “It may not be a problem in Idaho today. I think we need to fix it before it does become a problem,” Moyle said. Phil McGrane, Ada County Clerk, testified in favor of the bill, though he would have preferred a voter be allowed to drop off up to six ballots, rather than just two.
Indiana: The Republican-controlled House overwhelming rejected a Democratic proposal to eliminate the requirement that Hoosiers satisfy at least one of 13 possible excuses to vote by mail, and instead permit all registered voters to cast their ballot through the mail. State Rep. Tonya Pfaff (D-Terre Haute), proposed the no-excuse mail-in ballot amendment to House Bill 1365, which addresses a variety of election issues. Pfaff said Hoosiers clearly are interested in voting by mail since turnout was up in the 2020 primary election when all voters were allowed to request and submit a mail-in ballot due to the COVID-19 pandemic. “Indiana showed that we could conduct an election with no-excuse absentee voting without any incidents of fraud,” Pfaff said. The House ultimately voted 66-28 to reject Pfaff’s call for no-excuse absentee voting in Indiana. Data show Indiana ranked in the lowest fifth of states for voter turnout during the 2020 general election.
The House voted unanimously on this week in support of legislation co-authored by state Rep. Zach Payne (R-Charlestown), expanding early voting opportunities for Hoosiers. In Indiana, all registered voters are eligible to vote early in-person starting 28 days before an election. Dates, times, and locations vary by county. Currently, every county must have early voting open for seven hours on the two Saturdays ahead of Election Day. Payne said with this legislation, the circuit court clerk would have the option of opening for at least four hours the third Saturday before Election Day. House Bill 1479 now moves to the Senate for further consideration.
Maine: Under current law, any eligible Maine voter can request an absentee ballot. Under a new proposal before lawmakers, voters that have requested an absentee ballot in past elections would automatically receive one in the mail. Secretary of State Shenna Bellows supports the bill as a way to make voting easier and more accessible. “Fifteen states have in place some form of ongoing absentee voting and have done so with appropriate security measures in place,” she says. The measure was opposed by a group representing municipal clerks and by the Maine Municipal Association because of the additional mailing costs.
Maryland: At a press conference, Senators Justin D. Ready (R-Carroll), Jason C. Gallion (R-Cecil and Harford) and Minority Leader Bryan W. Simonaire (R-Anne Arundel) proposed a slew of election reforms, citing “major deficiencies” in the 2020 election. Simonaire said the measures, which include requiring signature verification on mail-in ballots, are meant to build public trust in the state’s election system. Some of those proposals include ensuring that party affiliation is hidden on mail-in ballots, and requiring signature verification for those ballots. Ready is sponsoring a bill that would require voters to show a form of identification before casting their ballot to verify their name and address. Voters could use a government-issued photo ID, utility bill, bank statement, government check, paycheck, “any other recent government document that shows the voter’s name and address,” a voter notification card or a sample ballot.
Massachusetts: Secretary of State William Galvin (D) will file a bill with the Legislature to permanently implement broad-based voting by mail and same-day voter registration in the Commonwealth. The bill would let registered voters apply to vote by mail in any primary or general election. That process was allowed for the 2020 state primaries and November election, due to the COVID-19 pandemic. In addition, Galvin’s bill would allow same-day registration, a change from current law, which requires residents to be registered at least 20 days before an election to vote. Galvin plans to file his bill this month, according to the statement.
Michigan: A package of bills introduced in the Michigan House of Representatives would provide changes to the state’s voter registration rolls as well as transparency on election officials who have not completed state-mandated training. House Bills 4127 through 4131 currently remain under consideration in the House Elections and Ethics Committee. The bills have sponsors in both the Democratic and Republican parties. Specifically, here is what each bill proposes:
House Bill 4127, introduced by Rep. Matt Hall (R-Marshall), would require the Secretary of State’s office to verify the birthdate of voters who currently have a placeholder birthdate on their voter record.
House Bill 4128, introduced by Rep. Julie Calley (R-Portland), would require the Secretary of State’s office to reach out to voters who have not voted since the November 2000 election. If those voters did not respond or vote in the following two general elections, they would be removed from the state’s Qualified Voter Roll.
House Bill 4129, introduced by Rep. Steve Marino (R-Harrison Township), would require the Secretary of State in odd-numbered years to publish a list on its website of local and county clerks who have not completed updated training requirements until the training is complete.
House Bill 4130, introduced by Rep. Matt Koleszar (D-Plymouth Township), would push back filing deadlines for expenditure and finance reports from lobbyists.
House Bill 4131, introduced by Rep. Terry Sabo (D-Laketon Township), would give Bureau of Elections staff more time to review campaign finance and lobbying reports.
Minnesota: The Minnesota Senate’s transportation committee approved a bill that would require Minnesotans to present a valid photo identification for in-person and absentee voting. The bill establishes a new voter identification card free-of-charge to individuals who lack proper identification and cannot afford it. The bill was previously approved by the state government committee, and it will next be heard in the finance committee. The legislation would require voters to produce valid, government-issued photo identification when voting in person, by absentee or mail-in ballot. Individuals unable to provide valid proof of identity or residence would be able to cast a provisional ballot, affording the voter a period of time in which they could obtain valid identification. Same-day voter registration would also remain intact.
Mississippi: Senate Bill 2113 would ensure that counties are selecting voting machines that meet national standards. It requires they have a certification by the United States Election Assistance Commission. “Make sure your machine operates, can’t be hacked. As you know, we’re not attached to the internet on our machines… all those things come into play,” said Lt. Gov. Hosemann. “We’ve just got to do whatever we can to provide confidence for people to vote,” noted Sen. Angela Hill.
The Senate has approved a bill that would speed up the process of purging inactive voters’ names from the election rolls. The bill says local election commissioners would send a postcard to registered voters who do not cast a ballot in any local, state or federal election during a two-year period that includes two federal elections — a presidential election and a midterm congressional election. If voters fail to confirm their address within four years of receiving the postcard, or if they fail to vote during that time, the county would remove their name from the rolls. Voters’ names could not be removed within 90 days of an election, and the county would have to maintain records for at least two years showing a purged name. The bill passed 36-16 on a party line vote.
Montana: The bill to end same day registration in Montana was initially tabled in committee, but then it was brought back and now it has been approved by the full House. The House voted 61-39 for House Bill 176, which would end voter registration at noon on the Monday before Election Day. Some Republicans tried to amend the bill on the floor to set the voter-registration deadline on the Friday before Election Day, which is what the original bill said before it was amended in committee. That attempt failed on a 44-56 vote – and, as members prepared to vote on the bill itself, Rep. Derek Skees (R-Kalispell), promised fellow conservatives he would attempt to amend the bill back to the Friday deadline in the Senate. He urged them not to kill the bill on the floor, because they didn’t like the Monday deadline. Six Republicans voted with all 33 House Democrats against the measure.
Last year was the first year Montana voters didn’t have to pay return postage on their mail-in ballots. It also was a record breaking year for voter turnout. A bill in the House State Administration Committee would keep it that way. House Bill 287, sponsored by Rep. Kelly Kortum (D-Bozeman), would make the Secretary of State’s office pay for ballot return postage. The bill’s five proponents, including Sam Forstag of the American Civil Liberties Union, said having paid postage on ballots would make it easier for low-income and minority Montanans to vote.
New Mexico: State Rep. Gail Chasey (D-Albuquerque), is sponsoring a bill to give felons more immediate access to their voting rights following the completion of their prison sentences. She championed a similar bill in 2019, though that bill also sought to allow felons to vote while incarcerated. It did not pass. Chasey’s bill, House Bill 74, passed the House Judiciary Committee last week on a 6-4 vote. It awaits a vote on the House floor. If H.B. 74 is signed into law, an inmate would be offered the opportunity to register to vote or update their registration as they prepare for release from a state correctional facility.
North Dakota: House Bill 1447 would require universities and colleges in North Dakota to include the date of birth and residential address on student photo identification cards. The card could then be used to confirm a student’s residence when voting. When issuing the ID cards to students, an institution also would need to provide each student with information regarding voter eligibility requirements.
The House has approved a bill that limits early voting dates to 9 days before Election Day. Early voting is currently allowed up to 15 days before an election. Rep. Steve Vetter (R-Grand Forks) carried the bill on the House floor. “Although we want early voting, we don’t want to draw it out for too long of a time. This bill leaves lots of time to vote.” The vote was 78 13 to approve the measure. It now goes to the Senate.
Oklahoma: A Senate panel passed a measure making it easier to cast ballots for people who vote absentee. Senate Bill 440, by state Sen. Adam Pugh (R-Edmond), would add three days of in-person absentee voting per election. It would extend the in-person absentee period for casting ballots to 8 a.m. to 6 p.m. Monday through Friday immediately preceding the election. It also keeps the 9 a.m. to 2 p.m. Saturday option. Current law allows in-person absentee voting from 8 a.m. to 6 p.m. Thursday and Friday and 9 a.m. to 2 p.m. on Saturday. Pugh said he waited in line for four hours to cast his ballot in November. He said precincts all across his district had waiting lines. Oklahoma has the shortest period for early voting, he said. “We are the worst state in the country for voter turnout,” Pugh said. He said the measure is an incremental change.
Utah: With a 72-0 bipartisan vote, the House has approved HB70 which would allow Utah voters to digitally track their mail-in ballots throughout the election process and to correct any problems that might arise in the counting of their ballots. The provisions of the proposed law would allow voters, starting in the 2022 federal midterm election, to choose to receive either text messages or e-mail notifications regarding the status of their ballots.
HB180, introduced by Rep. Carl Albrecht (R-Richfield) would create a “neutral advisor” position outside the lieutenant governor’s office to review complaints against his or her campaign. Under Albrecht’s bill, the neutral advisor would be appointed by the governor if and when a future lieutenant governor ran for other statewide offices. Utah Elections Director Justin Lee said that his office worked with Albrecht to craft the current language of the bill. “This really matches very closely with what we did in 2019 and 2020,” Lee said, referencing the appointment of McKeachnie. “We know people are concerned when election officials are running for other office, and so we certainly want to make sure that the public knows that there are processes in place to have other people take a look at it so that we don’t have conflicts and the system remains fair and equal for everyone.” The bill has been approved by the House.
A resolution recognizing Utah’s 2020 election success won approval from a panel of lawmakers this week. Rep. Joel Briscoe (D-Salt Lake City), sponsored HCR11 to acknowledge Utah’s county clerks ran a widely successful election without significant problems in an election year when other states grappled with voting by mail and comments from former President Donald Trump that undermined the validity of the election results, baseless claims that lacked evidence and faltered in dozens of court cases. “I just want to give a shoutout to Utah’s county clerks for running a great election,” Briscoe said in front of the House Government Operations Committee. “We’ve heard a lot in the press and the media about problems with elections, but that’s not true in Utah. We talk a lot about the Utah way, and we run great elections in Utah.”
Virginia: Sen. David Sutterlein (R-Roanoke) has introduced a bill requiring that absentee votes be recorded in the precincts where the voter lives. The movement toward absentee voting is undercutting the ability of elected officials and journalists to examine the geography of elections. When you cast an absentee ballot, the data is usually not recorded in the precinct where you live. It’s recorded in an at-large precinct, lumping your vote in with all the other absentee votes in the county or the city. A Senate panel approved the bill, sending it to the Senate floor.
Washington: Rep. Kirsten Harris-Talley (D-Seattle) and 26 co-sponsors have introduced House Bill 1156 that would allow Ranked-Choice-Voting (RCV) in some local elections. The bill would allow counties, cities, towns, school districts, fire districts and port districts to implement RCV in elections where more than two candidates are competing. Up to five candidates can appear on the general election ballot, and voters are not limited by party preference. Additionally, the legislation would strengthen the Voting Rights Act, providing for reimbursement of costs associated with bringing forward a notice of systemic disenfranchisement of underrepresented communities.
Wisconsin: Rep. Mark Spreitzer (D-Beloit) and Sen. Chris Larson (D-7th District) re-introducing legislation that would bring Ranked-Choice-Voting (RCV) to Wisconsin. “Ranked-choice voting is an innovative and practical way to make sure people can vote for who they truly want, rather than vote strategically for who they think has the best chance of winning,” Spreitzer said. “Ranked-Choice-Voting also ensures that those who serve in elected office are there because they have the support of a clear majority of voters.” Larson said implementing ranked-choice voting would make it harder for extremist candidates to win.
Legal Updates
Arkansas: Whether the state can limit the number of times one person helps others vote goes to trial Nov. 15th, a federal judge ruled. Arkansas United, a Springdale-based immigrant rights group, filed the suit on behalf of voters who aren’t proficient in English. A 2009 state law forbids any one person who isn’t an election official from helping more than six people vote at the polls in each election. The lawsuit argues the limit violates federal law. The federal Voter Rights Act allows eligible voters who need assistance to get it from the person of their choice. The lawsuit names Arkansas Secretary of State John Thurston and state election officials as well as local election officials in Benton, Washington and Sebastian counties. Arkansas United is likely to prevail, U.S. District Judge Timothy Brooks said in a November court order allowing the suit to proceed. Another court order Friday denied multiple arguments to dismiss the case. That order also asserted Arkansas United’s likely success in the matter. A record number of people who aren’t fluent in English voted in the general election ending Nov. 3rd, the Nov. 2nd lawsuit by Arkansas United said. The limit of six people, in some cases, meant even a family member couldn’t render assistance to all close relatives who needed it, according to the lawsuit. The lawsuit asked for an immediate injunction to lift the limit.
Iowa: Chief District Court Judge Leonard Strand has thrown out a lawsuit that sought to bar Black Hawk and Scott counties from using private grants to help fund the November 2020 general election. The Iowa Voter Alliance and three voters argued the counties did not have the authority to use $500,000 in grants from the nonprofit Center for Tech and Civic Life. The plaintiffs claimed CTCL was pursuing a progressive agenda by providing funds to promote absentee voting in urban districts. The court declined to bar use of the money ahead of the election, and last week Strand sided with the counties, dismissing and closing the case. Strand ruled that Iowa Voter Alliance failed to show it was harmed by the counties’ actions.
Virginia: The Virginia Department of Elections faces another lawsuit from Democratic candidates pursuing a contactless system to collect the required signatures to qualify for the party’s primary in June, this time from those vying for seats in the House of Delegates. Just a few weeks ago, a similar suit was settled between two Virginia Democrats eyeing statewide office this year, Paul Goldman and Del. Lee Carter (D-Manassas), and the state’s election officials. Richmond Circuit Court Judge David Eugene Cheek Sr. approved the finalized settlement requiring the Department of Elections to develop a non-contact method — either by mail or online — for statewide candidates by Friday. Del. Carter and six prospective House candidates filed another suit Tuesday in an effort to have the department provide the same process to those trying to make the primary ballot for the state legislature. The latest suit against the Department of Elections cites the health and safety concerns that come with the traditional in-person gathering method and claims, as the first complaint from Carter and Goldman did, of a violation of the candidates’ First Amendment rights.
NYC Wins When Everyone Can Vote! Michael H. Drucker
