The Independent View: Electionline Weekly August-2-2018

Legislative Updates

Federal Legislation: Senator Claire McCaskill (D-MO) has introduced Legislation that would Prohibit and Penalize the knowing Spread of Misinformation, such as Incorrect Polling Locations, Incorrect Times, or the necessary Forms of ID in Order to Suppress Voter Turnout. McCaskill’s Bill, the Deceptive Practices and Voter Intimidation Prevention Act, which she introduced with U.S. Senators Ben Cardin (D-MD), Doug Jones (D-AL), and Patrick Leahy (D-VT), would Prohibit and Penalize intentionally and knowingly Spreading Misinformation to Voters that are intended to Suppress the Vote, including the Time and Place of an Election and Restrictions on Voter Eligibility. The Penalty for Engaging in these Deceptive Acts would be a Fine up to $100,000 and/or up to Five years Imprisonment.

Massachusetts: Officials are working on Legislation for the Implementation of Automatic Voter Registration, which has been Approved by the Legislature, but not yet Signed by the Governor. House and Senate Negotiators filed a Compromise Bill with the House Clerk's Office that would require Voters to Opt-Out rather than Opt-In. Eligible Citizens would Automatically be Registered to Vote when they Interact with the Department of Public Safety (RMV).

North Carolina: Gov. Roy Cooper (D) has Vetoed Ballot Language Approved by the Legislature including the Language for a Constitutional Referendum on Voter ID. Legislative Leadership has vowed to Override the Vetoes.

Legal Updates

Alabama: The Alabama NAACP, Greater Birmingham Ministries, and Three Individual Voters, argued before the 11th Circuit last week that the State’s Photo Voter Identification Law was specifically crafted by Lawmakers to Discriminate against Thousands of Black and Latino Voters. In January, U.S. District Judge L. Scott Coogler Ruled that the 2011 Law, which Requires Absentee and In-Person Voters to Show Photo ID in Order to Cast a Ballot, is Constitutional. Coogler found No Evidence that the Alabama Legislature Passed the Law with “racially discriminatory intent or for a racially discriminatory purpose.”

Georgia: A Judge has thrown out an Election Complaint from a losing Candidate in the Race for August Commission on Procedural Grounds. The Losing Candidate had complained that an afternoon gas leak, which caused traffic to be rerouted, was Mishandled and may have cost her Votes.

Kansas: U.S. District Judge Julie Robinson has imposed more than $26,000 in Sanctions against Secretary of State Kris Kobach as Punishment for his “contemptuous behavior” during the State’s Proof-of-Citizenship Legal Battle.

North Carolina: For the Third time in a little more than a year, a Panel of Three Superior Court Judges was asked to weigh the Legality of a revamped State Board of Elections and Ethics Enforcement. There was no word on when the Judges would Rule on the Case, but it's likely that any Decision will be Appealed to the Supreme Court.

North Dakota: During Testimony before the State’s Supreme Court, Libertarian Candidate for Secretary of State Roland Riemers Challenged the State’s Election Process and questioned why Ballots are not a matter of Public Record. "Mr. Riemers, I don't think it's unusual that people aren't allowed to rummage through ballots," Chief Justice Gerald VandeWalle later told him. "And there's good reason for that." Riemers Officially received 247 Votes in the Statewide Primary Election as the only Libertarian on the Ballot. He needed 300 Votes to be Nominated for the November Ballot and maintain the Libertarians' Ballot Status. He is Challenging the State’s Interpretation of the Recount Law.