The Independent View: Electionline Weekly Feb-14-2019

Legislative Updates

Arizona: The Senate Judiciary Committee Approved Senate Bill 1188 that would Remove Voters from the State’s Permanent Early Voting List if they don’t Vote in either the Primary or General Elections for Two Consecutive Election Cycles.

Arkansas: The House has Approved Senate Bill 159 which would Eliminate the Portion of State Law that requires Poll Workers to Remove the Stubs from Provisional Ballots and keep those Stubs in a Separate Box. The Legislation was billed as a Cleanup of State Law since the Ballots and Voting Machines it Addresses are No Longer in Use.

California: Assemblyman Evan Low (D-28th District) has Reintroduced a Constitutional Amendment that would Lower California’s Voting Age to 17. An Amendment requires the Approval of Two-Thirds of the State Assembly and Senate, and the Approval of Voters.

Colorado: A Bill that would include Colorado in the National Popular Vote Compact Passed out of a House Committee this Week on a Party-Line Vote. The Bill was Approved by the Senate in January and now heads to the Full House.

Connecticut: House Bill 5507, Cosponsored by Rep. Josh Elliott (D-88th District, Hamden), and Rep. Terrie Wood (R-141st District, Darien), would Prohibit the Disclosure of Voter Registration Data for Commercial purposes, but would make certain Information available to Election and Political Committees. The Bill is currently before the Joint Committee on Government Administration and Elections.

Kansas: Rep. Brett Parker (D-29th District, Overland Park) has introduced a Bill that would Eliminate the Proof-of-Citizenship required for Voter Registration. The Bill would also allow for Election Day Registration. The U.S. is in the Process of Adding a Proof-of-Citizen Check when you Get or Renew your Driving License or State ID.

Kentucky: House Bill 309 would Allow 16-year-olds to Serve as Precinct Election Officers. Current Law allows 17-year-olds to Work at the Polls as long as they turn 18 on or before Election Day.

The Senate State and Local Government Committee has voted 8-2 to Advance a Bill that would Remove the Secretary of State as Chairperson of the State Board of Elections and Revoke the Secretary’s Access to the State’s Voter Registration Database.

Maryland: The Ways and Means Committee of the General Assembly has Advanced a Bill that would give the Montgomery County Council the Authority to Change the County’s Voting System to Different Voting Processes including Ranked-Choice Voting system.

Missouri: Under House Bill 269, the Secretary of State would be given Subpoena Power to Investigate Voter Fraud.

Nevada: The Senate Committee on Legislative Operations and Elections had a Hearing this week on several pieces of Elections-related Legislation including One Bill that would make the Registrar of Voters in Washoe and Clark Counties an Elected Position rather than Appointed.

New Hampshire: Rep. Ellen Read (D-17 District, Rockingham) has introduced House Bill 506 which would create a Legal Holiday for the State Primary and Election Day.

The House Election Law Committee has Unanimously voted to Shelve HB 782 until 2020. HB 782 would Move the State to a Ranked-Choice Voting system.

New Mexico: House Bill 84 and House Bill 86 were Approved by the House Judiciary Committee this week and now head the Full House. HB84 would allow Automatic Voter Registration and HB86 would allow for Election Day Registration.

North Carolina: Rep. Lee Zachary (R-73rd District, Yadkin County) has introduced House Bill 24 that would Prohibit Local Boards of Elections to use Schools as Polling Places without the Approval of the Local Board of Education.

South Dakota: A House Committee has Approved a Bill that will Limit the Number of Days available for Early Voting. Although the Original Bill recommended Limiting Early Voting to 14 days, but the Approved Bill will allow Early Voting to begin the First Friday in October which will mean about 21 days of Early Voting.

Texas: Rep. Roland Gutierrez (D-119th District, San Antonio) has filed a Bill that would Repeal a 2013 Law enabling the Department of Public Safety to share Driver’s License Application Information with the Secretary of State “for the purpose of voter registration or the administration of elections.”

The Harris County Commissioners Court Unanimously agreed to move forward with the County Clerk’s Plan to move toward Countywide Vote Centers.

Washington: The House is considering a Bill that would allow Counties, Cities, Towns, and other Municipalities the Option to use Ranked-Choice Voting.

Legal Updates

Colorado: Gail Arlene Gray, 66 of Mesa County, is accused of Illegally Casting a Mail-In Ballot for Adult Son. Gray told an Investigator she “did a terrible thing” but she was “really (angry) at my kids for not voting, none of them were voting and then that (ballot) came in the mail and I didn’t even think, I thought I am going to vote for him…” according to an Arrest Affidavit.

Georgia: The 11th Circuit U.S. Court of Appeals said in a Ruling that it did Not have Jurisdiction to hear the State’s Assertion the Two Groups of Plaintiffs in a Lawsuit over the State’s Aging Voting system had standing to File Suite, and that the State was not Immune from being Sued in this particular Case.

Minnesota: Zameahia J. Ismail, 21 of St. Louis Park has been Charged with purposely Voting Twice in the 2017 Election. Once where she Lived and a Second time in Minneapolis. Ismail said she Voted the Second Time because she liked a Candidate who was seeking Re-Election.

New Hampshire: The American Civil Liberties Union (ACLU) has Sued the State on Behalf of Two College Students argued that HB1264, which Requires that Anyone who Votes in New Hampshire must Obtain an In-State Driver’s License and Vehicle Registration within 60 days of Casting a Ballot is akin to a Modern-day Poll Tax.

North Carolina: Denslo Allen Paige, 66 has pleaded Guilty to Aiding and Abetting Voting by a Noncitizen and will Serve Two months in Prison and must Pay a $250 Fine. Paige is a former Elections Precinct Worker in Wake County.

South Carolina: U.S. District Court Judge Michelle Childs has Dismissed a Lawsuit claiming that the State’s Antiquated Voting machines Infringed upon Residents’ Right to Vote. “A plaintiff … must do more than merely assert that there is some conceivable risk that she will be harmed on account of defendant’s actions,” wrote Childs.

Tennessee: Chancellor Doug Jenkins has Ruled that Rogersville will Not be Required to Pay the Hawkins County Election Commission $23,094 in Legal Fees for Defending a Lawsuit filed Last Year by the City and then Filing a Countersuit.

Texas: Texas Attorney General Ken Paxton said his Office does Not have the Capacity to Investigate a List of potentially 58,000 Non-Citizen Voters and that he will instead Wait to see what County Voter Registrars discover. Initial review show many became Citizens and were Valid Voters.