The Independent View: Electionline Weekly Jan-17-2019

Legislative Updates

Delaware: House Bill 38 would allow Voters to Cast their Ballots at Designated Polling Sites up to 10 days Ahead of any General, Primary, or Special Election, including the Weekend before Election Day. The proposed Legislation would also Allow for Election Day Registration and would Combine the State’s Presidential and State Primaries.

Florida: The Cape Coral City Council voted 7-1 to Move the Dates of Municipal Elections to coincide with Larger Races on Even-Numbered Years.

Illinois: More than Four Decades after the DuPage County Clerk’s Office was Stripped of its Elections Duties, Elections will once again Fall under the Purview of the Office. The County Board vote 11-7 to Dissolve the DuPage Election Commission and transfer its Functions back to the County Clerk’s Office immediately. The Seven Democrats Voting against the Dissolution had wanted to Wait until after the April Election to make the Move.

Iowa: Gov. Kim Reynolds (R) is proposing a Constitutional Amendment that would Restore the Voting Rights to Ex-Felons upon the Completion of their Sentence instead of Waiting on the Governor to Restore their Voting Rights.

New Hampshire: HB 106 Amends the General Statutory Definitions of “Resident or Inhabitant” and “Residence or Residency” to include an Intent to Maintain a Principal Place of Physical Presence for the Indefinite Future. The Bill Restores Language Removed from the Law in 2018 by HB 1264.

HB 105-FN, Relative to Domicile Residency, Voter Registration, and Investigation of Voter Verification Letters, would effectively Repeal SB3, which is still being Argued in the Courts because of a Lawsuit filed by the League of Women Voters of New Hampshire.

The House Election Law Committee recently held Hearings on Two Constitutional Amendments. In one, 17-year-olds would be Allowed to Vote in Primaries if they turn 18 by the Date of the General Election and the other would make Absentee Ballots available to All Voters.

New York: This week, the General Assembly Approved a Sweeping Package of Legislation that will dramatically Change Elections in the Empire State. Included in the Package of Bills was the Creation of One Week of Early Voting, No-Excuse Absentee Voting, Pre-Registration of 16-year-olds, and Election Day Registration. This will take an Additional Legislative Session and a Ballot Referendum Vote in 2020.

North Dakota: House Bill 1270 would require County Commissioners to get the Consent of a Majority of Legislative District Party Chairmen before Designating or Changing Polling Places. The Bill also would require the County Commission to Consult with Legislators in the Districts affected before Establishing or Altering Precinct Boundaries. Burleigh County Auditor Kevin Glatt said the Proposal appears to be an effort to Stop the County from Establishing Vote Centers.

South Dakota: House Bill 1027, filed at the request of the State Board of Elections would require County Auditors to provide Paper Voter-Registration Lists and Bound Paper Poll Books as Backups at Polling Places were Electronic Poll Books are used.

The Senate has Tabled a Bill that would have Allowed Political Attire to be Worn at Polling Places.

Tennessee: Sen. Brenda Gilmore (D-54th District, Nashville) has introduced a Bill that would Automatically Restore the Voting Rights of those Convicted of a Felony upon the Completion of the Terms of their Sentence.

Virginia: The Senate Committee on Privileges and Elections, by an 8 to 6 vote, voted Down a Proposal that would have Restored an Ex-Felon’s Right to Vote Automatically upon Completion of the Terms of their Sentence.

Washington: Sen. John McCoy (D-38th District, Tulalip) has pre-filed SB 5079, The Native American Voting Rights Act of Washington which would Modify the Minimum Information required for Voter Registration under State Law, to allow for Unmarked Homes and a Nontraditional Residential Address may be used when a Voter Resides on an Indian Reservation or on Indian Lands.

West Virginia: The House Judiciary Committee Approved a Bill to Mandate a Runoff for State Supreme Court Elections where No Candidate earns a clear Majority vote. It also OK’d a Bill to ensure People unable to Leave their Homes to vote can receive an Emergency Absentee Ballot.

Wyoming: Sen. Bo Biteman (R-21st District, Ranchester) has introduced Senate File 32 that would Stop Voters from Changing Parties less than 10 weeks before a Primary Election.

HB36 that would have allowed County Commissioners to choose to Run State and Federal Elections entirely by Mail Failed by a 4-3 vote in the House Corporations, Elections and Political Subdivisions Committee.

Legal Updates

U.S. Supreme Court: The U.S. Supreme Court has agreed to hear a New York Case and decide whether a Civil Lawsuit that was the Result of a 2009 Rensselaer County Election may continue. The Court agreed to Hear an Argument over a Legal Question that will decide whether Democratic Rensselaer County Election Commissioner Edward G. McDonough was Too Late Filing an $8 Million Federal Civil Rights Lawsuit against former Special Prosecutor Trey Smith. McDonough was Accused of Committing 74 Felonies as Part of a Scheme in the 2009 Primary Election to Forge more than 50 Absentee Ballots to benefit Democratic Candidates in City Council Races. He was Acquitted Twice of Forgery and Possession of a Forged Instrument Charges, with the Second Acquittal coming on Dec. 21st, 2012.

Alabama: Elbert Melton, Mayor of Gordon, has been found Guilty of Two Counts of Voter Fraud. Last September, a Grand Jury returned Indictments against Melton on Three Charges of Absentee Ballot Fraud and One Charge of Second-Degree Theft of Property.

Georgia: A Cobb County Judge will hold a Hearing this week in a Lawsuit challenging the Election of Lt. Gov.-elect Geoff Duncan. The Case alleges that a Drop-Off in Votes for Lieutenant Governor indicates the Election between Duncan (R) and Sarah Riggs Amico (D) was Flawed and should be Redone. Duncan Won by more than 123,000 votes.

Hawaii: Details over how the U.S. Postal Service and the Honolulu City Clerk’s Office handled Late-Arriving Mail Ballots Nov. 6th may be a Deciding Factor in how the State Supreme Court Rules in a Challenge of Councilman Trevor Ozawa’s apparent Victory over Challenger Tommy Waters.

Iowa: Joseph P. Hentzel, 40, of Iowa City, has been Arrested and Charged with Voter Misconduct for providing a False Residential Address on an Absentee Ballot Request Form for the November 2108 Election.

Minnesota: The Minnesota Court of Appeals has ruled that a District Court judge was Correct in Dismissing a Petition to put a Ballot Measure to Move Municipal Elections to Even-Numbered years for Lack of Proper Signatures.

New Jersey: William Rojas, 68, of Hoboken has been Indicted on the Charge of Promoting a Voter Bribery Scheme by Use of the U.S. Mail in 2015. Rojas is Charged with Violation of the Federal Travel Act for causing the Mails to be used in Aid of Voter Bribery Contrary to New Jersey State Law.

North Carolina: Lawyers for Republican Legislators have filed a Motion in Federal to Intervene in a Lawsuit Challenging the State’s New Voter ID Law. The Suit argues that because the Governor did Not Support the Law that his Administration cannot Properly Defend it in Court.

South Carolina: U.S. District Judge Michelle Childs has said she will rule within the next 10 days on a Lawsuit asking for Federal Oversight of the State’s Purchase of New Voting Machines. Childs could Dismiss the Lawsuit, which asks for a Court Order requiring the S.C. Election Commission to Buy New, High-Security Voting Machines. Or she could let the Suit Proceed.

Tennessee: Davidson County Chancellor Anne Martin has Dismissed a Lawsuit by several Prospective Memphis City Council Candidates that sought to deem Instant Runoff Voting Legal in Tennessee.

Texas: Marites Canete Curry has been Indicted on One Count of Illegal Voting. Curry is Not a U.S. Citizen and is Alleged to have Voted in Navarro County in November 2016.

Wisconsin: The League of Women Voters, Disability Rights Wisconsin, Black Leaders Organizing for Communities, and three Wisconsin Voters Filed a Lawsuit in Dane County Court alleging the New Laws, including the Shortening of Early Voting, should be Voided because Lawmakers Illegally convened a Legislative Session to take up the Republican-Authored Bills.