The Independent View: Electionline Weekly Dec-7-2017

Legislative Updates

Florida: State Rep. Cord Byrd (11th District) filed a Bill Wednesday that allows those who’ve served Prison and Probation Sentences for Felonies to seek to have their Voting Rights Restored by Petitioning Judges instead of waiting for Clemency from the Governor.

Georgia: The House Science and Technology Committee heard Testimony from Three Election System Vendors as the Legislature considers Replacing the State’s Aging Voting Equipment. There is no Timeline for Replacing the Equipment.

Guam: A Bill that would have Eliminated Primaries on Guam for Cost-Saving Reasons was Defeated 9 to 4 with Two Senators Excused.

Kentucky: Sen. Reginald Thomas has pre-filed a Bill that would allow In-Person Early Voting for Three Saturdays preceding any Primary, General, or Special Election. Under this Legislation, County Clerks will designate a Location within his or her Office where the Early Voting Ballots shall be cast Privately and Secretly. The County Board of Elections, with Approval of the State Board of Elections, may establish other Locations in which the Voters may Execute their Early Voting Ballots with Approval and Public Notice.

Tennessee: The Memphis City Council voted unanimously to seek a Referendum in 2018 to Amend the City Charter to Repeal Ranked-Choice Voting or Instant Runoff Election. Voters first Approved Ranked-Choice Voting by 71% in 2008.

North Dakota: According to the Grand Forks Herald, the City Council will wait another Two Weeks to decide on where Voters will Vote in 2018. The Vote was Tabled in order to give Councilmembers who were not able to be at the meeting this week a chance to Vote.

Legal Updates

Connecticut: Perhaps the Third time will be the charm. Superior Court Judge Barbara Bellis has ordered a Third Primary for a Bridgeport City Council Race. Bellis concluded that there was Meddling with Absentee Ballots. The New Primary will be February 6th although the City said it has Plans to Appeal.

Mississippi: A Lowndes County Grand Jury has indicted Cory Ferraez on Voter Fraud. Ferraez, a former Candidate for a State House Seat has plead Not Guilty to swearing to a False Application for an Absentee Ballot and Voting outside his Legal District.

New York City: After the Manhattan Democratic Party filed Suit to Prevent the Speaker of the City Council from Appointing a friend to the Board of Elections, a Judge temporarily barred the Appointment. The City Law states: the Party will Appoint the Nominee and the City Council will Approve or Reject. The Court Order bars the Council from holding a Vote to Approve a BOE Pick before Dec. 20th, when there will be a Hearing.

North Carolina: The North Carolina State Board of Election (SBOE) on Wednesday said the Special Election for an Unexpired Seat on the Winterville Town Council cannot be Certified, and the Case is heading to Wake County Superior Court. In a Letter to the Pitt County Board of Elections, the SBOE said that because of Voting Irregularities, the Election cannot be Certified.

Texas: According to an article in the Texas Tribune, it appears that the State may be Conceding an Appellate Court Ruling against it in the Case of Language Interpreters at the Ballot Box. In its August Ruling, the U.S. 5th Circuit Court of Appeals Affirmed a Lower Court’s finding that Texas ran Afoul of the Voting Rights Act by Restricting the Interpretation Assistance that English-Limited Voters may receive and that the Law should be Struck Down. The State has said nothing since the Ruling Leading many to believe that the State may be Conceding this one.

Attorneys for the State argued before a Three-Judge Panel of the 5th U.S. Circuit Court of Appeals that Problems with the State’s Voter ID Law have been Remedied with a Provision that allows people who lack to Sign an Affidavit stating that there was a Reasonable Impediment to them getting One.

Virginia: A Pittsylvania County Circuit Court Judge has Ordered a Recount in a County Board of Supervisors Race. There is a 14-Vote Margin in the Race.

Democrats have formally requested a Court-Ordered Special Election in the 28th House of Delegates Race where the Margin of Victory was 82, but where at least 100 Voters voted in the Wrong Precinct due to receiving the wrong Ballot.