The Independent View: Electionline Weekly Nov-9-2017

Legislative Updates

Federal Legislation: Debbie Dingell (D-Michigan) has introduced the Safeguarding Election Infrastructure Act which requires Voting Machines Funded with HAVA Money include a Auditable Paper Receipt.

South Dakota: Supporters of a Ballot Measure that would allow South Dakota Counties to switch to Elections conducted entirely by Mail Ballot have turned in nearly 20,000 Signatures to put it before Voters in 2018. The Measure needs 14,000 Signatures and the Secretary of State’s Office will conduct a Random sampling for Validity.

Wyoming: The Cody Enterprise has a fascinating story about the County Clerks Association of Wyoming (CCAW) attempt to Push Legislators to consider introducing and approving a Bill that would allow Counties to move to Vote-by-Mail. According to the Paper, in 2016, approached the Legislature’s Joint Corporations, Elections and Public Subdivisions Committee on at least Three Occasions seeking to explore moving to a Vote-by-Mail/Vote Center Model. Those opposing the move cited concerns about Fraud or making it “too easy” for people to Vote. Mail-in and Absentee Ballots are more susceptible to Voter Fraud, so they will need stronger controls.

Legal Updates

Arizona: The League of United Latin American Citizens and the Arizona Students Association have filed Suit charging that Thousands of Arizonans are being Illegally Denied the Right to Vote in Federal Elections. The Suit contends that State Law is trumping Federal Law and Disenfranchising Thousands.

Mississippi: A Candidate for the Mississippi House of Representatives will finally get the chance to Challenge a 2015 Election Loss in Court in April. The Enterprise-Journal reports that specially appointed Pike County Circuit Judge James Bell has Scheduled the Challenge for April 30th. Bell also Scheduled a Ballot Review in March. The Candidate alleges Voting Irregularities, Illegal Campaigning and Mishandled Ballots. Myers and Election Officials deny Wrongdoing.

Nevada: Democrats are asking a Judge to Halt Three potential Recall Elections. The Suit claims that the Recalls would put a burden on the Plaintiffs’ Right to Vote.

New Jersey: Judge Julio Mendez ruled this week that State Law does not allow for the Review of Mail-In Ballots before an Election. At the center of the Suit are 6,100 Absentee Ballots in Atlantic County. “It would create a very chaotic process that would delay, substantially, the ability of the board to count the votes and issue results, which would undermine the electoral process,” Mendez said, adding the Campaign can Review the Materials as part of an Election Challenge.

New Mexico: First Judicial District Court Judge David Thomson ruled this week that the State Government’s Voting Leave Policy must Extend to Municipal Elections. The Suit was filed by Two State Employees in October.

Judge Greg Shaffer issued an Order commanding the City of Santa Fe to use Ranked-Choice Voting (RCV) in the March Municipal Election. Shaffer did allow the City at least one more chance to Argue why it isn’t ready to Switch to the New System.

New York: New York Supreme Court Justice Erika Edwards issued an Order last week for the immediate Relocation of Five Election Districts, 15th, 16th, 17th, 18th and 25th, back to Lefrak City. The City’s Board of Elections had Removed the Election Districts from the Housing Complex with 14,000 Voters. Edwards called the move “irrational, arbitrary and capricious.”

North Carolina: Judge Paul Ridgeway ruled that he Lacks the Authority to Prevent Counties from using a Software Program to Check in Voters at Polling Sites on Tuesday, despite the concerns of State Elections Officials. The State Board of Elections & Ethics Enforcement had enough questions about the Functionality and Security of the EViD Software that they determined it shouldn't be used in this year's Municipal Elections.