The Independent View: Electionline Weekly Feb-22-2018

Legislative Updates

Connecticut: Legislation proposed by Secretary of State Denise Merrill would alter what Information is Publicly available on the Voter Rolls. Under her proposed Bill, Voter Roll Information would still be Publicly Available for $350, but the Birthdates of Registered Voters would no longer be included.

Florida: This week the Senate unanimously Approve a Bill to allow Florida to join ERIC. The Bill is now Headed to the Governor’s Desk. There are many problems with this Database and its Voter Checking for Voters Voting in multiple Locations.

Indiana: Senate Enrolled Act 9 is heading to the Governor’s desk. The Legislation ensures that Patients committed to a Mental Health Institution or Psychiatric Hospital have Voting Rights.

Kansas: The House has advanced a Bill aimed at resolving a dispute between the State’s Four Largest Counties and the Secretary of State’s Office. Under the Proposal, County Commissioners would gain Authority to decide Salaries and Approve Budgets for the Appointees.

Maryland: The Senate effectively killed Senate Bill 190 that would have Codified Uniform Rules to Guide Foreign Election Observers. Senate President Thomas V. Mike Miller (D) gave up his Gavel to join the Debate on the Senate Floor and spoke at length about the Fear of Russians Hacking American Elections. “This bill might have been ready for prime time four weeks ago or six years ago or four years ago or even two weeks ago, but what has happened now with the indictment of these 13 men showing how vulnerable our elections are ... our elections are very easy to manipulate,” Miller said. “I don’t want these people in the room.”

New Hampshire: A Bill that would have Prevented New Hampshire from Sending Voter Data to Crosscheck was killed in the Senate. The Bill was voted down 14-10 along Party Lines.

New Mexico: The Legislature has approved House Bill 98, which if Signed by the Governor would Consolidate most Nonpartisan Elections into One Day in November.

Tennessee: The Senate State and Local Government Committee has voted down a Bill that would have Required an Auditable Paper Trail for All Voting Machines. According to Nashville Public Radio, the Measure had been Opposed by State Election Officials, who say Paper Receipts are an Unnecessary Expense. Machines that spit out Paper Receipts would have Cost Tennessee Election Commissions about $9.5 Million up front, and they would have Cost Millions more to Operate. Why would you want a Paper Receipt when you need a Hardcopy of the completed Ballot for Audits and Recounts?

Utah: The House Government Operations Committee has approved HB218 Sponsored by Rep. Rebecca Chavez-Houck (D-24th District). Under the Bill, Counties would be Required to have at least One Polling Place for every 5,000 Voters even if Elections are Conducted by Mail. The only Elections that could be handled entirely by Mail under the Bill would be those held solely for a Referendum Challenging a Local Tax Law. The Bill would also make Same-Day Voter Registration permanent throughout the State, would allow for Voter Registration to be Automatically Updated when License Information is Updated and would Prohibit Counties from sending Mail Ballots to Voters who had Not Cast a Ballot in Past Elections.

Vermont: The House has Approved a Bill that would Prevent the State from Handing over Voter Data to the Federal Government.

West Virginia: House Bill 3004 would Codify a Ruling from the State Supreme Court of Appeals regarding how the Governor Fills Vacancies left by a Constitutional Officer, Legislator, or County Commissioner.

Wisconsin: A Bill that would allow Wisconsin Voters to Cast their Ballots Early on Electronic Voting Machines instead of Paper Ballots has Cleared the State Assembly.

Legal Updates

Federal Lawsuit: A Nonpartisan Campaign Reform Group wants a Federal Judge to compel the Justice Department to Un-Redact Names from a Chain of Emails Secured through a Freedom of Information Act Request that it says shed light on the Inner Workings of President Trump’s now Defunct Voter Fraud Commission.

Arizona: The Justice Department’s Civil Rights Division has Sued Arizona and Secretary of State Michele Reagan claiming that the State Failed to give Absentee Voters enough time to consider the Finalized and Official Ballot ahead of a Democratic Special Primary Election. “The inability of the state to transmit the final absentee ballots to UOCAVA voters receiving a Democratic Party ballot by the 45th day before the February 27, 2018 special primary election for the House of Representatives violates the United States of America under the Uniformed and Overseas Citizens Absentee Voting Act” wrote John Gore, an Assistant Attorney General with the Civil Rights Division of the Justice Department. On Tuesday, the DOJ and the State reached an Agreement.

Maine: Supporters of Ranked-Choice Voting in Maine, joined by Eight Democratic Candidates, filed a Lawsuit to ensure that the Voting method is in place in time for the June Primaries. The Lawsuit comes Two Weeks before the Deadline for Secretary of State Matthew Dunlap (D) to Certify Signatures designed to place on the June 12th Ballot a Referendum Question that could decide the Long-Term fate of Ranked-Choice Voting.

New Hampshire: This week, a Judge heard Arguments in a Lawsuit Challenging the State :Law that requires Additional Documentation from Voters who Move to the State within 30 Days of an Election. Lawyers for the State argued the Lawsuit Failed to Allege any Injury from the Law. They said the Plaintiffs had No Trouble Voting, arguing Two were already Registered Voters and a Third eventually Voted in a Local Election.

New York: Supreme Court Justice Thomas Nolan Dismissed a Petition to Recount Ballots in Saratoga Springs’ November Charter Vote. The Petition sought a Recount of All Ballots cast in the City of Saratoga Springs by a Hand or by a Review of the Image Files, or .TIF Files, Scanned by the Voting Machines used in the Election. The idea was to look for Discrepancies. Nolan said there was No Factual Support for the Petitioner’s Request.

Utah: A Settlement Agreement has been reached between the Navajo Nation Human Rights Commission and San Juan County. The Commission had Sued the County arguing that its Vote-by-Mail system Violated the Voting Rights of Navajo Voters. In the Settlement Agreement, the County has agreed to Implement various Measures to create Equal Opportunities for Navajo Voters.