The Independent View: Electionline Weekly Feb-1-2018

Legislative Updates

Florida: By a 6-3 vote, a Measure that would move Florida to a Top-Two Primary system was Approved by the Constitution Revision Commission’s Ethics and Elections Committee.

A Citizen’s Initiative to Restore Voting Rights to Ex-Felons is set for the November Ballot, Members of the Commission have dropped their efforts to place a similar Measure on the Ballot.

Georgia: Under Senate Resolution 587, English would be the Official Language of the State and would mean that unless required by the Federal Government, Counties would not have to provide Election Materials in any Language other than English.

Guam: Bill 234-34, which has Bipartisan Support, would Automatically Register Citizens to Vote when Obtaining or Renewing their Driver’s License. Residents would have an opportunity to Opt-Out if they didn’t want to be Registered.

Idaho: Legislation has been introduced that would Lower the Age of potential Poll Workers from 17 to 16. “In our smaller counties, we oftentimes run into a very limited amount of individuals who are able to, or want to work in our poll locations,” Kelli Brassfield of the Idaho Association of Counties said. “And so this legislation would reduce the age from 17 to 16 to broaden the base — allowing more workers in our poll locations and also allowing our students to get more experience working at elections.”

Massachusetts: Secretary of State William Galvin is proposing a Bill that would allow Residents of the Commonwealth to Register and Vote on the same day. A spokeswoman for Galvin said the Secretary had presented his Legislation to Election Laws Committee Chairs Sen. Anne Gobi and Rep. John Mahoney and is “encouraging them to incorporate the language into” related Bills that have already been filed.

New Hampshire: Under House Bill 1772, the State would study and implement Online Voter Registration. Similar Bills failed in 2016 and 2017, however this time around, the Bill has the support of the Secretary of State’s Office.

South Carolina: The South Carolina Election Commission is seeking $250,000 from the State Legislature so they can make any needed Changes to the State’s Voter Registration System and Network if Voter Information is compromised. “Security has always been important to us,” spokesman Chris Whitmire said. “But, certainly, things changed in 2016 with the emerging threats that were out there.” The $250,000 is in addition to $24.7 Million already requested.

South Dakota: By a 32-0 Vote, the Senate has approved HB 1011. Under the Bill, now on its way to the Governor’s desk, the Rules about how County Auditors confirm Registered Voters has changed. The New Steps include Mailing a National Change of Address Notice to every Active Registered Voter and to send Confirmation Mailing Notices to All Voters as well.

The Senate State Affairs Committee has Approved a Bill that will allow Voters with Tribal ID Cards to use those Cards as an Acceptable Form of Voter ID.

Virginia: Republican Leaders from both Chambers announced last week that they will create Joint Subcommittee to Study Voting Issues in Virginia and craft a comprehensive response for the 2019 Session. The Subcommittee will Review issues that came up in 2017 such as Recounts, Ballot Problems, and Tiebreakers.

The Senate has approved a Bill that would Link the State Database of Driver’s License Photos to E-Poll Books. The Bill was Approved 21-19 on a Party Line Vote.

Legal Updates

Connecticut: Perhaps the third time will be the charm. The Connecticut Supreme Court has ordered the City of Bridgeport to hold a Third Primary for a City Council Seat. The High Court agreed with a Lower Court Ruling that the previous Two Elections should be Tossed because they were skewed by Political Corruption.

Louisiana: The American Probation and Parole Association has filed an Amicus Brief in a Case before the 1st Circuit Court of Appeals that is seeking to Reverse a Louisiana Law that Prohibits Felons on Probation and Parole from Voting. The Association argues that Restoring the Right to Vote to Ex-Offenders is of critical importance to better Integrate Offenders back into Society.

North Carolina: In a 4-3 Vote, along Party Lines, the North Carolina Supreme Court ruled that the General Assembly Overstepped its Authority in 2017 when it Overhauled the State Elections Board. The Positions on the New Board of Elections and Ethics Enforcement have been Vacant for Months, as Gov. Roy Cooper (D) Declined to Appoint any Members until the Lawsuit was resolved, a Decision backed by the Courts. It is unclear when such Appointments will be made.

A Three-Judge Panel refused Republican Lawmakers’ Request to Block the use of New Legislative District Maps the Judges had previously Approved for the 2018 Election Cycle. Even with the Unanimous Denial by the Federal Judges, GOP Lawmakers have a similar Request pending at the U.S. Supreme Court. Chief Justice John Roberts wants a Brief from the Voters who've successfully Sued over State House and Senate Districts by late next week. Candidate Filing begins Feb. 12th, with Primaries to be held in May.

Ohio: Eric Morgan, former Miami County Deputy Elections Director has Sued the Board of Elections and a former Member of the Board claiming that the Board Violated Open Meeting Laws and that the Member defamed Morgan.

Tennessee: The Trial of Brian “Wormy” Hodge, who is Accused of Buying Votes in the 2014 Monroe County Sheriff’s Race has been moved. The New Start date is April 10th.

Texas: A Republican Candidate for Dallas County Commission has Dropped his Lawsuit seeking to have Election Administrator Toni Pippins-Poole Removed from Office. The Candidate said he had little choice but to Drop his Suit because the Judge on the Case said it could only move forward if District Attorney Faith Johnson joined the Suit, which she declined to do. Johnson wrote to the Judge saying She "cannot join the proceeding," because only the Dallas County Elections Commission and the Dallas County Commissioners Court have the Authority to Suspend or Fire the Elections Head.

Utah: Attorneys representing the Navajo Nation in a successful Lawsuit against Vote-by-Mail in San Juan County are seeking more than $3 Million in Legal Fees from the County.