The Independent View: Electionline Weekly Sept-7-2017

Legislative Updates

California: The Senate has Approved a Bill that would require Races for County Offices in San Diego County only to be Determined in the November General Election, regardless of the Results of the June Primary.

Kansas: The Sedgwick County Commission is working to get Legislation Passed in 2018 that will allow Audits of Election Results. Kansas currently does Not Allow for Election Audits other than in the Case of a Specific Election Challenge. "We would like to do random sample auditing across our county, and that would add a lot of transparency and a lot of confidence in our election process, and right now we don’t have that," Commissioner Jim Howell said.

Maine: Gov. Paul LePage has told the Legislature that he will call them Back for a Special Session, most likely at the end of October. One of the Items up for Review will be Ranked-Choice Voting.

Michigan: The Michigan Legislature is moving quickly on a Plan that would allow Political Candidates in Several Cities to Qualify for the November Ballot even though they Missed the Filing Deadline because of Faulty Information from Local Clerks. The House Approved the Proposal in a 92-13 vote. The Senate will consider the Bill next week in an attempt to Beat Ballot Printing Deadlines.

Texas: A New Bill that Allows Texas Residents to Open Carry Swords and Knives but the Law does have a few Exceptions with one of those is Polling Places.

U.S. Virgin Islands: The Senate Committee on Rules and Judiciary moved Two Elections Bills recently. One, Bill No. 32-0054 would Grant the Supervisor of Election the Authority to Set Places, Days, and Times for Early Voting, and the other Bill No. 32-0097 would “bar cancellation of voter registration in every instance other than death.”

Legal Updates

Arkansas: Circuit Judge Robert Wyatt Jr. has Ruled that the Jefferson County Election Commission must Perform the Duties they are Assigned under State Law and that while the Commission can Refuse to Use the Election Coordinator Selected by a County judge, they Cannot Deny that Coordinator Access to Information needed to Conduct Elections, nor can they Deny the Coordinator Access to any County Property.

New Hampshire: The Attorney General’s Office has Moved Two Legal Challenges to the State’s New Voter Registration Law from a State Court to a Federal Court. Lawyers for the State said that the Suits brought in State Superior Court are being shifted because “several federal questions” are Raised in the Complaints. U.S. District Court Judge Joseph LaPlante saw things Differently and Ruled that the Lawsuits should Return to the State-Level Court where they were Filed.

New Mexico: The New Mexico Supreme Court has given the City of Santa Fe until September 15th to Respond to a Petition that seeks an Order Requiring the City to use Ranked-Choice Voting.

Texas: Attorney General Ken Paxton (R) has asked the U.S. Supreme Court to Strike Down a Decision by a Lower Court that Ruled Nine State House Districts Maps Unconstitutional.

The Justice Department has asked the U.S. 5th Circuit Court of Appeals to Block a Lower Court Ruling that the State’s New Voter ID Law Failed to Fix Intentional Discrimination against Minority Voters. On Tuesday, by a 2 to 1 Decision, the 5th Circuit Ruled that the State may use its Revised Voter ID Law for the November 2018 Elections.