The Independent View: Electionline Weekly May-24-2018

Legislative Updates

Illinois: The Illinois Senate has unanimously Approved Legislation to Dissolve the DuPage County Election Commission and turn all Election-related Duties over to the County Clerk’s Office. The House Approved the Measure last month. Gov. Rauner is expected to Sign the Bill which would take effect Jan. 1st, 2019.

Iowa: A Provision in a Bill Approved last week, and goes into effect immediately, will allow Iowa Residents choosing to Register and Vote on the same day to provide Electronic Proof-of-Residence. Secretary of State Paul Pate said the change would benefit College Students and Younger Residents who often don’t have Hard Copies of Proof-of-Residence, but do have it available on a Cell Phone or other Device.

Minnesota: The Wilkin County Board of Commissioners has Approved a Resolution allowing Dozens of Townships in the County, with Populations of less than 400 Registered Voters, to begin conducting Elections by Mail Immediately.

New Hampshire: Although Lawmakers had given tentative Approval to Senate Bill 438 that would officially give the Secretary of State the power to Postpone Elections due to Bad Weather conditions, a Committee of Conference recommended modified Bill to the House which Rejected it. The Town Moderators are Opposed to the Bill because they believe they should make the Ultimate Decision about Canceling Elections based on the Conditions in their Area.

New Mexico: By a 7-0 vote, the Las Cruces City Council has voted to Approve the First Step in an Election-Consolidation Measure. The Measure will combine City Elections with School and Special-District Elections.

Wyoming: The Wyoming Legislature is considering creating a Voting Machine Trust Fund so that there will always be Money available for the Repair and Replacement of the State’s Voting systems.

Legal Updates

Florida: The League of Women Voters has filed Suit against the State of Florida accusing Gov. Rick Scott’s Administration of making it more difficult for Young People to Vote by Preventing Early Voting at Public Buildings on State University Campuses.

Kansas: The 10th Circuit Court of Appeals ruled this week that Judge Julie Robinson’s Order holding Secretary of State Kris Kobach in Contempt is not yet Final and therefore Kobach’s Appeal was Dismissed as Premature.

Missouri: The ACLU of Missouri has asked U.S. District Judge Brian Wimes to issue an Injunction in connection with their April 17th Lawsuit that alleges the State has Failed to Comply with the Motor Voter Law. The request for a Preliminary Injunction argues the "defendants' Failure to Update the Voter Registration Information of Customers who submit a Change-of-Address Form Online or by Mail Violates The National Voter Registration Act of 1993 (NVRA) and, Absent immediate Relief, will Deny Qualified Missourians their Right to Vote and Burden others."

New Hampshire: The New Hampshire Supreme Court is giving interested Parties until May 31st to Submit their Views on Eliminating the Distinction between “Residency” and “Domicile” for Voting purposes.

The High Court is reviewing the Legality of a Bill Approved by the State Legislature that would Allow for the Release of the State’s Private Centralized Voter Registration Database.

Texas: U.S. District Judge Orland Garcia had given the State of Texas until May 17th to Submit Plans for how the State will comply with the National Voter Registration Act of 1993 (NVRA), the Motor Voter Law. Instead of Submitting Plans, Attorney General Ken Paxton submitted a List of Objections to the Plaintiff’s Proposals saying they were Unworkable and go beyond what the Federal Law requires. The Judge in the Case was having none of it and has given the Texas Dept. of Safety 45 days to Implement a Plan. The State vows to Appeal.

Wisconsin: The U.S. Department of Justice (DOJ) has sent a Letter to the Wisconsin Election Commission warning the Commission that DOJ may Sue because Wisconsin Law does not allow Temporary Overseas Voters obtain Ballots Electronically or File Unofficial Ballots.