The Independent View: Electionline Weekly Jan-12-2017

Legislative Updates

California: Assemblyman Kevin Mullin (D-South San Francisco) has introduced Legislation that would move California’s Primary from June to March. “Super Tuesday is really the first national test of a candidate’s strength and California ought to be included in that national test; we ought to be given the fact we’re the sixth largest economy in the world and that one out of every eight Americans calls themselves a Californian,” Mullin told The Daily Journal.

Iowa: Secretary of State Paul Pate has unveiled an Election Integrity proposal that would require all Iowans to show an ID in order to Vote. Acceptable IDs would include driver’s licenses, passports, military IDs and new, free IDs available to eligible voters. College IDs would not be acceptable. Also under the plan, all Precincts would be required to use E-Poll Books, Absentee ballots would require an ID number and the Law would also establish Post-Election Audits.

Kansas: Rep. John Carmichael (D-Wichita) has filed a Bill that would strip Secretary of State Kris Kobach of his Authority to prosecute Elections crimes. “Given the secretary of state’s incompetent prosecutorial abilities, I thought it was appropriate to return those responsibilities to professional prosecutors,” Carmichael told the Kansas City Star.

Lawmakers are also considering a bill that would change the timing of Special Election to be held in the event of a vacancy in the 4th Congressional District. According to KMUW, Kansas law conflicts with Federal law on the timing to replace members of Congress.

Nebraska: Sen. John Murante of Gretna introduced Legislation to return Nebraska to a Winner-Take-All Presidential Electoral Vote system and offered a proposed Constitutional Amendment to authorize creation of Voter ID requirements in the State. The Voter ID measure would be submitted to a Vote of the people.

Sen. Justin Wayne of Omaha has introduced a Voting Rights Bill that would eliminate the two-year waiting period for Ex-Felons to re-establish their Voting Rights.

LB 163 would require the State’s three largest Counties to each provide at least three Early Voting locations with extended hours.

New York: During his State of the State speech, Gov. Andrew Cuomo proposed a series of Election Reforms including allowing New Yorkers to Vote up to 12 days before an Election. He also proposed Automatic Voter and Same-Day Registration.

Tennessee: State Rep. G.A. Hardaway has filed Legislation to Legalize Ballot selfies. “The ban on selfies makes no sense,” Hardaway told the Memphis Daily News. “It causes our already overworked and underpaid election workers, those at the polls, to have to pay attention to enforcing the law that, in essence, violates the constitutional rights of our young folks who are known to live, to communicate by digital means.” No word on whether the Legislation has been named in honor of Justin Timberlake.

Virginia: Sen. Mark Obenshain (R-Harrisonburg) and Sen. John Cosgrove (R-Chesapeake) have each proposed Legislation that would require Virginia voters to Register with a Party and those who don’t may be ineligible to Vote in Primaries.

Del. Mark L. Cole (R-Spotsylvania) has proposed Legislation that would require Proof-of-Citizenship when Registering to Vote. Under the proposal, anyone Registering to Vote after Jan. 1, 2018 would have to provide copies of a document proving their Citizenship—Passport, Birth Certificate, Naturalization papers, or Bureau of Indian Affairs card.

Wyoming: Legislators will consider a Bill that would Automatically Restore the Voting Rights of Non-Violent offenders who have completed the terms of their sentence. Currently, some Non-Violent offenders have to apply to have their Rights Reinstated.

Legal Updates

California: Judge John A. Mendez has denied an attempt to toss out a Lawsuit alleging that Siskiyou County officials and some State Employees intimidated Hmong Voters. Mendez ruled that Attorneys for the County failed to show that the Suit is without merit and attempts to quash Free Speech.

Maine: Republican Lawmakers are drafting a letter to the State’s Supreme Court seeking an opinion as to whether or not Ranked-Choice Voting, recently approved by Voters, is Constitutional or not.

Michigan: The U.S. Department of Justice has sued the City of Eastpointe claiming that the City violates the Voting Rights Act by denying Black Residents the chance to Elect their preferred candidates for City and School offices.

New Hampshire: The State Attorney General's office has officially asked the U.S. Supreme Court to review Lower Court rulings striking down a New Hampshire Ban on Ballot Selfies. The Petition of Writ Certiorari was filed two days after Christmas.

North Carolina: This week, the Supreme Court temporarily blocked Special Elections this year in North Carolina Legislative Districts that a Lower Court ruled were drawn to minimize the Political Statewide clout of African American Voters. According to WCNC, the Justices delayed New Elections in at least 28 House and Senate Districts while they decide whether to consider the GOP's effort to keep the Districts intact, at least through 2018.

Ohio: A Columbiana County woman has pleaded guilty to 13 of 32 charges of Falsely Registering people to Vote and one of three charges for Forging someone’s Signature on a Voter Registration form. The charges carry a maximum possible Sentence of one year imprisonment on each charge.

Lorain County Common Pleas Judge Mark Betleski has asked the Loraine County Prosecutor’s office to review allegations of Voter Fraud in a 2015 City Council race.

Tennessee: Sonya Sanders, 45 of Shelby County has been arrested and accused of Voting twice. According to Court records, Sanders voted at one location and then drive about 16 minutes away to another Voting location, filled out a Change of Address form and Voted again. Sanders’ Attorney contends that while she signed in to both Polling places, she only cast one ballot. “There was no intent behind it. If there was even fraud in the first place," Sanders’ Attorney Alexander Wharton told Fox 13.

Texas: The City of Pasadena has been found in violation of the Voting Rights Act and the 14th Amendment by purposefully trying to dilute Latino voters.

The State’s Attorney General has ruled that records for a 2017 Voter ID education effort are exempt under Open Record Laws although he did order the release of Ad spending details for a 2014 Voter Outreach Campaign.