The Independent View: Electionline Weekly Jan-31-2019

Legislative Updates

Arizona: The Judiciary Committee has voted to Advance a Bill that would Restrict how Voters who Sign Up for the Permanent Early Voting List (EVPL) may cast their Ballot. Current Law allows them to Return those Ballots by Mail, or Hand-Deliver them to Election Facilities at any time leading up to or on Election Day. Under the proposed Legislation, Voters on the EPVL would Not be Permitted to Drop their Ballots off at Polling Places on Election Day. County Elections Officials spoke out Against the Bill.

California: Secretary of State Alex Padilla (D) and Democratic Lawmakers are proposing a State Constitutional Amendment for the 2020 Ballot that if approved by the Voters would allow those still On Parole to Cast a Ballot. The Measure would currently help about 50,000 formerly Incarcerated Californians more quickly Regain their Right to Vote.

Colorado: The Senate has Approved Senate Bill 42 which would Include Colorado in the National Popular Vote Pact which means, when Enacted, the State would Pledge it’s Nine Electoral College Votes to whichever Presidential Candidate Wins the National Popular Vote.

Georgia: House Minority Leader Bob Trammell (D-132nd District, Luthersville) has filed a Bill Change on how the State Updates its Voter Rolls. Senate Bill 11 would Expand Voting Rights to those who have been Convicted of a Felony Drug Charge.

Hawaii: Lawmakers are considering a number of Election Reform Bills including Automatic Recounts in Close Elections, a Statewide Mail Voting system, Lowering the Voting Age to 16 and Allow for Automatic Pre-Registration of 16-year-olds in Public Schools.

Indiana: Sen. Rick Niemeyer (R-6th District) has introduced a Bill that would Prohibit Counties from using Schools as Polling Places.

Iowa: In a 53-42 Party-Line vote, the House voted Not to Count 29 Mail-In Ballots in the House District 55th Race that was decided by a 9-vote Margin. The Ballots did Not have a Post-Mark on them, but a Review of the Bar Code Information by the Post Office found that they were in fact Returned in Time. A Judge Ruled that the House had the Authority to Decide what to do, Not the Court system.

Kansas: Senate Bill 43, which has been Endorsed by a Bipartisan Group of Senators, would Allow Kansas Residents to Register to Vote and Vote on Election Day.

The House Corrections and Juvenile Justice Committee has Advanced a Bill that would Strip the Prosecutorial Powers from the Secretary of State. The Bill is Supported by the Attorney General and Secretary of State.

Maine: A Bill has been introduced that would make Election Day a State Holiday. Several other pieces of Election Reform Legislation include Expanding Ranked-Choice Voting to Local Elections, allowing Unenrolled Voters to participate in Primaries, Early Voting, conducting a Presidential Primary and creating an Instant Voter Registration system.

Massachusetts: Rep. Andy Vargas, Rep. Dylan Fernandes, and Sen. Harriette Chandler, have unveiled a Proposal that would allow Localities to Lower the Voting Age to 16 for Local Elections if they wanted to.

Minnesota: A House Subcommittee on Elections has Advanced a Bill that would Automatically Register People to Vote when obtaining a Driver License, Learner’s Permit, or State ID, unless they chose to Opt-Out. Under the New U.S. Requirement, this will also require Proof of Citizenship.

Mississippi: Under HB 985, any Mississippian Convicted of a Felony would have their Voting Rights Restored Three years after Satisfying All Requirements of their Conviction.

HC 31 would include Revoke the Voting Rights from Any Individual Convicted of a Felony. Currently only those Convicted of Certain Felonies Lose their Right to Vote.

New Hampshire: Two proposed Bills would make it Easier for Older Residents to Vote. Under One, Unrelated Caregivers would be Allowed to Deliver Absentee Ballots on Behalf of Voters who Living in Nursing Homes or Assisted Living Facilities. The other Legislation would Allow anyone age 60 or Older to Vote Early, up to Five weeks, before an Election.

Legislators in New Hampshire are considering a Bill that would Move to the State to a Ranked-Choice Voting system, even for Presidential Primaries.

New Mexico: Several Elections-related Bills Cleared their First Legislative hurdles this week by Advancing Out of One Committee or another. The Bills include Election Day Voter Registration, Open Primaries, and Expanding Native American Voting Access.

New York: Gov. Andrew Cuomo has Signed a Package of Bills into Law that will bring about many Changes to the State’s Voting system including: Early Voting, Allowing 16-and 17-year-olds Pre-Register, and Consolidating State and Federal Primaries.

North Dakota: House Bill 1479 would Require Colleges and Universities to provide Students with an Identification Card that could be Scanned by a Polling Clerk to Access their Address in the State’s Central Voter File, but IDs Issued to Students Younger than 18 years old or Noncitizens must appear “significantly” different.

Under House Bill 1270, Political Party Leaders would need to Consent to County Auditors’ Decisions to Relocate Polling Places. County Auditors consider the Proposal a “bad bill,” said Donnell Preskey, Executive Director for the North Dakota County Auditors and County Treasurers Association. “This proposal erodes the counties’ decision-making ability. It will usurp local authority and control and provides legislators with veto power that ultimately would have them dictating this county responsibility,” Preskey testified.

Tennessee: Rep. Larry Miller (D-88th District) has introduced a Bill that would Require Elections Officials to Step Down from Office in Order to Run for Another Office. Miller said he was inspired to Introduce the Bill after Watching the Issues in Georgia’s Governor’s Race.

Virginia: A bill that would have Allowed Localities to move to a Ranked-Choice Voting system, if they chose to, has been Tabled.

The Senate Finance Committee has Advanced SB1038 that would Require Voter Registrars to Electronically Verify the Name, Date-of-Birth, and Social Security Number of Each Voter against Existing Federal Databases to Confirm that every Registered Voter is a Citizen of Virginia and the United States.

The House of Delegates Privileges and Elections Subcommittee has Approved HB 2790 that would Allow for No-Excuse, In-Person Absentee Voting for the week Before an Election.

Wyoming: House Bill 192 would Require Voters to Show a Photo ID in Order to Vote and would Allow the Secretary of State’s Office to Set the Parameters for Acceptable Forms of Photo ID.

House Bill 106 would Close Off the State’s Primary Ballots to Party Switchers Two Weeks before the Election. The Bill is on the way to Full House after a Similar piece of Legislation Failed in the Senate.

Legal Updates

Connecticut: John Mallozzi of Stamford has been Charged with 14 Counts of a False Statement in Absentee Balloting and 14 Counts of Second-Degree Forgery in connection with Ballots cast in the 2015 Stamford Election.

Georgia: The Secretary of State’s Office is asking a Federal Judge to Throw Out a Lawsuit filed by Fair Fight Action over Issues that occurred during the November Election including Problems with Precincts, Provisional Ballots, Voter Purges, and Absentee Ballots. “The complaint combines a variety of claims in an attempt to cobble together a new theory — that a variety of independent and unrelated actions by mostly local official somehow resulted in a series of constitutional violations that require massive judicial intervention,” the Motion to Dismiss says.

Hawaii: The Hawaii Supreme Court has Invalidated a Honolulu City Council Race that was Decided by just 22 Votes. In the Unanimous Decision, the High Court said Election Officials Improperly Counted Late Absentee Ballots and Ruled that the Only Remedy was to Throw Out the Election Results. A Special Election has been set for April.

Iowa: Polk County District Judge Karen Romano has Temporarily Enjoined Enforcement of the State’s Voter ID Law as it Applies to Verifying Absentee Ballots. The Ruling Prevents the State from Implementing Regulations regarding Verifying a Voter’s Legitimacy if their Absentee Ballot lacks a Voter-Verification Number. Secretary of State Paul Pate (R) has said his Office will Appeal the Ruling to the State’s Supreme Court.

Kansas: Now that Ford County is offering Plans for Two Polling Places for Dodge City’s 13,000 Registered Voters, U.S. District Judge Daniel Crabtree Granted an Unopposed Motion filed by the ACLU of Kansas to Voluntarily Dismiss the Litigation against the County.

Minnesota: A Three-Judge Panel of the Minnesota Court of Appeals has sided with a Ramsey County District Judge that a Petition to Place Home Rule Charter Amendment on the Ballot lacked Sufficient Signatures. The Amendment would have asked Voters if they Wanted to Move their Local Elections to Even-Numbered years.

New Hampshire: The State Supreme Court has Ruled that the Secretary of State does Not have to Provide a Detailed Voter Database to the State’s Democratic Party, the League of Women Voters, and Other Plaintiffs in a Suit they have brought Challenging Senate Bill 3.