The Independent View: Electionline Weekly Apr-11-2019

Legislative Updates

Federal Legislation: Sens. Marco Rubio (R-FL and Chris Van Hollen (D-MD), introduced an Updated version of their Defending Elections from Threats by Establishing Redlines Act (DETER Act), which they said Promises “swift and severe consequences” to Russia and other “foreign actors” if they Attack U.S. Political Candidates, Campaigns, or Voting Infrastructure. Last year’s Version of the Bill, S. 2785, made it Out of the Senate Judiciary Committee, but Not through the Full Senate.

Arizona: The House has Approved a Bill that would place New Restrictions on Emergency Voting. Under the Bill, Voters would be Required to Sign Statements Affirming that they have Genuine, Unavoidable Emergencies that Prevent them from Voting on Election Day. Falsely Claiming an Emergency would be a class 4 Felony, which carries a Penalty of 1.5 to 3 years. Voters Casting Emergency Ballots would also be Required to show Identification, which is Required for In-Person Voting on Election Day but Not for Early Voting, which Verifies Voters’ Identities by checking their Signatures. SB1090 would also give Exclusive Authority over the Locations of Emergency Voting Centers to County Boards of Supervisors.

Arkansas: Senate Bill 573 is headed to the Governor’s desk. If Signed into law, it would allow Minors Convicted as Adults to Regain their Voting Rights after completing All Terms of their Sentence including Parole.

California: Assembly Bill 177 has been Approved the Assembly Committee on Governmental Organization by a 13-6 Vote. Under AB 177, State Agencies and Schools would be Required to give their Employees Election Day Off from Work, and Schools would Close, so Voters can head to the Polls. The Bill must get Approval from the Committee on Appropriations before it moves to the Full Assembly and Senate.

Colorado: At least 31 County Clerks are Opposing House Bill 1278 that, among other things, Expands the Number of Vote Centers, Changes the Hours for Vote Centers to 6 a.m. to 8 p.m., Increases the Number of Weekend Days they must be Open and Expands the Number of Ballot Drop Boxes a County must have.

Florida: The Senate Judiciary Committee has Approved a Bill that Mirrors House Legislation attempting to Set Guidelines for the Restoration of Voting Rights for Ex-Felons. Like its House Counterpart, the Bill requires not only that Eligible Felons Complete their Prison Sentences but also that they Satisfy All Fines, Fees, and Victim Restitution.

Hawaii: The House has Approved a Series of Election-related Bills that now Returns to the Senate for Consideration. If the Senate does Not Agree to Amendments made by the House, the Bills will be Negotiated in Conference Committees. The Approved Bills include One that would Allow for the Use of Ranked-Choice Voting (RCV) in Special Elections to Fill Vacant Seats, Automatic Voter Registration, and Mandatory Recounts in Close Races.

Idaho: Gov. Brad Little (R) has Signed Legislation into Law that makes sure Idaho Public Schools are Available as Polling Places.

Iowa: A Senate Committee added numerous Election Law Changes to a House Bill that would Ensure Mail-In Ballots are Counted in a Consistent Manner across the State. Some of the Added Changes include a Controversial Measure that would put Students who Don’t Commit to Living in Iowa after Graduation on the Inactive Voter List. The Bill would also Phase Out the Bipartisan Provisions Approved by the House for Mail Ballot Uniformity by 2023.

Although a Constitutional Amendment to Automatically Restore the Voting Rights to Ex-Felons was Approve 95-2 by the House, the Bill Failed to make “the funnel” in the Senate and will Not advance in 2019.

Kansas: The Legislature has Approved a Bill that would Allow Counties to Move to a Vote Center System if they choose to. If signed into Law, the Secretary of State’s Office would Establish Rules and Regulations before Counties may Proceed.

Missouri: The Secretary of State’s Office has come out in Opposition to a Bill that would Automatically Register Show Me State Residents to Vote when doing Business with the Department of Motor Vehicles. “The secretary of state feels that voting is a decision to be taken very seriously,” said Nikolas Shores, Legislative Liaison for the Missouri Secretary of State. “Not to say that automatic voter registration doesn’t do that, but our concern is that by doing it automatically it may reduce the responsibility that comes with voting.” The Bill has Bipartisan Support in the House Committee.

Nevada: Assembly Bill 345 would Institute Same-Day Voter Registration, allow 17-year-olds who Will be 18 at the Time of the General Election to Vote in the Primary and Extend Online Voter Registration Deadlines.

North Carolina: Legislation has been proposed that would provide a Fix to the Problem Surrounding Students who Wish to Use their Student IDs as a Form of ID in Order to Cast a Ballot.

Pennsylvania: Rep. Rob Matzie (D-16th District, Ambridge) has introduced House Bill 1059, so Voters would be Allowed to Put themselves on a Permanent Vote-by-Mail List.

Legal Updates

Arizona: Mohave County Attorney Matt Smith is requesting $8K in County Funds to Investigate Allegations of Unspecified Voter Fraud during 2018 Municipal Elections in Colorado City.

Florida: A Coalition of Groups has asked a Federal Judge to Require 32 Florida Counties to offer Spanish-Language Ballots and other Election Materials, the latest move in a Legal Battle that started last year. The Request, filed Friday in Federal Court in Gainesville, seeks a Preliminary Injunction Requiring Spanish-Language Ballots and Materials for Elections starting Aug. 1st.

Chief U.S. District Judge Mark Walker has issued a Six-Page Ruling Dismissing a Lawsuit filed in November against Supervisors of Elections in an effort to Force them to Preserve Digital Ballot Images. Walker wrote that Provisions in the Law “do not indicate Congress’ intent to create a private right or remedy. Instead, the enforcement mechanism appears to rest with the Attorney General of the United States or his representative.” Walker also Rejected Constitutional Equal-Protection Arguments raised by the Plaintiffs.

Michigan: Apparently Secretary of State Jocelyn Benson has Agreed to Settle a Lawsuit over a Ban on Ballot selfies. Lawyers won’t talk about the Deal until Details are Filed in Federal Court on May 8th. But a Court Filing Last week suggests there will be an Easing of the Ban. The State said it wanted to Avoid “any confusion” in Polling Places and wait until after Local Elections are held on May 7th.

New Jersey: A State Appellate Court has Ruled Morris County Clerk Ann Grossi should Print Bilingual Mail Ballots in Dover, with a Population that is about 70% Hispanic. The Ruling Overturns a Ruling last June by Superior Court Judge Stuart Minkowitz. “Considering the statutory scheme as a whole, it is clear that the Legislature has expressed a strong policy interest in protecting Spanish-speaking voters from being disenfranchised,” the Unsigned 14-Page Opinion states.

New Hampshire: The New Hampshire Attorney General’s Office has Subpoenaed James O’Keefe, the Leader of Political Activist Organization Project Veritas, to Testify before a Grand Jury after Video of an Atkinson Man Admitting to Double Voting in 2018 was Published Online.

Oregon: Simone Thrasher, 23 of Salem a Former Paid Circulator Registered with Oregon Elections Division, is Accused of making False Statements, Oaths, or Affidavits on several Signature Sheets submitted in December 2015. She also Used the Personal Identification of at least 15 People on the Petitions with the Intent to Deceive and Defraud, according to Court Records.

Virginia: Richard Douglas Dohmen, 68, of James City, was Indicted by a Grand Jury in the Williamsburg-James City County Circuit Court on March 20th on Charges of Forging Public Records with the Intent to Defraud and making a false Statement, according to the Indictments. He Allegedly tried to cast Two Ballots in October 2018.