The Independent View: Electionline Weekly May-9-2019

Legislative Updates

Federal Legislation: Florida Reps. Ted Deutch (D-FL, 22nd District)) and Alcee Hastings (D-FL, 20th District) have introduced the Protecting American Votes Act that Election Officials to make Two attempts to Notify Voters when their Ballots are Rejected based on a Signature Mismatch. Notifications would have to be made by Mail and either by text, Phone Call, or Email; Voters would get at least 10 days from the Date of Notice to Resolve the Mismatch. They would be Allowed to Verify their Identity and Ensure their Vote is Counted; and Officials who Review Signatures will have to get Formal Training.

Alabama: House Bill 174 would Simplify the Voting Process for those with Disabilities by allowing them to be on a Permanent Absentee Voter List.

The Secretary of State’s Office is Advocating for a Bill that would Increase the Penalties someone Faces for Tampering with Electronic Voting Machines. Currently it is a Misdemeanor to Tamper or Misuse an Electronic Voting Machine. The Bill would make it a Class B Felony to Tamper with, Hack, or Manipulate the Machines.

Colorado: The Legislature has Approved SB 19-235 which, if Signed by the Governor, will Expand Opportunities for People to Automatically Register to Vote. According to the Measure, anyone who Applies for a New or Renewed Driver’s License or ID Card at a Colorado DMV Location will have their Data sent Directly to the Secretary of State’s Office. If the Person has Provided Proof of Citizenship, their Respective County Clerk will Review the Information and Send the Person a Postcard Notifying them they will be Registered to Vote at that Address. The Potential Voter will then have 20 days to Accept the Registration and Choose to Register with a Party, or to Decline the Registration.

Connecticut: The Senate has Approved a Measure to Create an Early Voting System. However, the 23-13 Margin Falls Four Short of what was needed to put the Measure on the Ballot as Required by Law.

Florida: The Senate gave Final Approval to a Bill that would Require formerly Incarcerated Residents to Fulfill All the Financial Obligations of their Sentence before having their Voting Rights Reinstated. Gov. Ron DeSantis (R) has said that he will Sign the Bill. I say this is a Poll Tax.

Massachusetts: The Springfield City Council is considering an Ordinance that would Require the City to send Postcards and Robocalls to All Voters in Advance of every Election. It is estimated it would Cost the City $30,000-$40,000 per Election due to Postage and Printing Costs. “Our democracy and local government benefit from having as many people at the table as possible,” City Councilor Jesse Lederman said in a Prepared Release. “The steady decline in voter turnout across the country is concerning — and locally, we should be working to engage people. It is important that we start this conversation.”

New Jersey: Gov. Phil Murphy (D) has Signed a Bill into Law that would Permit a County Commissioner of Registration and Board of Elections use E-Poll Books. The Law will require the Secretary of State to Adopt and Publish Electronic Poll Books Standards and Regulations Governing the Certification and Use of Electronic Poll Books within 90 days. If the Secretary of State Receives a Request for Approval to Review Compliance of Standards, Regulations and All Capabilities of Electronic Poll Books, it will be Reviewed within 10 days.

Tennessee: Gov. Bill Lee (R) has Signed a Bill into Law that will Punish Third-Party Registration Groups that turn in Late Registration Forms or Turn in Forms that are Not Correct or Complete.

The Nashville Metro Council Defeated an Effort to put Ranked-Choice Voting on the Ballot.

Texas: The House has Approved a Bill will Allow Parents with Small Children to use Curbside Voting if their Polling Place chooses to Offer it.

Wisconsin: The Senate’s Elections Committee Voted Unanimously to Recommend Confirmation of Meagan Wolfe as Leader of the State Elections Commission, more than a year after She started the Job.

Legislation was Voted Out of Committee in the House that will Legalize Ballot Selfies in the Badger State.

Legal Updates

Georgia: The State Supreme Court is mulling whether to Reverse a Lower Court’s Dismissal of a Lawsuit Challenging the Outcome of November’s Race for Lieutenant Governor in a Case that Focuses Attention on the State’s Outdated Voting Machines. The Lawsuit says Tens of Thousands of Votes were Never Recorded in the Race and the Contest was “so defective and marred by material irregularities” as to Place the Result in Doubt. It contends an Unexplained Undervote in the Race was likely caused by Problems with the State’s Paperless Touchscreen Voting Machines.

Kentucky: Secretary of State Allison Lundergan Grimes filed Suit in Franklin County Circuit Court this week seeking an Injunction against the State’s New Law that Removes the Secretary of State’s Power over the State Board of Elections. In her Suit, Lundergan Grimes warns that Without the Oversight, “confusion and uncertainty” will Surround the Upcoming Primary.

Michigan: Secretary of State Jocelyn Benson (D) has Settled a 2016 Lawsuit that Challenged the State Ban on Ballot Selfies. Under Terms of the Deal, which was Reached in April, but only Reported this week, Voters will be able to take a Photo of their Voted Ballot, but they may Not take a Selfie of Themselves in a Polling Place.

Mississippi: Prosecutors have Dropped Voter Fraud Charges against Sherman Matlock, 44 of Canton. Matlock was Accused of Signing an Affidavit and Voting in Canton’s Municipal Election in 2017 when he Allegedly knew he was Disqualified because of a 1993 Conviction for Manslaughter. Mississippi Law does Not include Manslaughter as one of the 22 Felony Crimes that would Disqualify someone from Voting. Matlock spent a Month in Jail before the Case was Dismissed because he was Unable to make Bond.

New Hampshire: Ten Students were Arrested on Misdemeanor Charges of Disorderly Conduct during a Protest at the Statehouse this week while pressing for the Reversal of Republican-Passed Election Laws. “We’re here to show Gov. Sununu and Secretary of State Gardner that we’re not going anywhere and that the student vote is important,” Quincy Abramson, a UNH Student from Concord said. “They can’t drown out our voices, and in the upcoming election we will show them that.”

New Jersey: The Middlesex County Prosecutor’s Office has Announced a New Initiative to Target Voter Fraud, specifically for Mail-In Ballots. Andrew C. Carey said that his Office would Work the Board of Elections and the County’s 28 Police Departments on the New Voter Integrity Program. “There is a concern with fraud, and we’re trying to combat it,” Middlesex County Prosecutor Andrew C. Carey said in an Interview last week. “This is not to prevent people from voting. We want to make sure everyone can vote safely and that their votes count.”

North Carolina: The State Board of Elections has issued Guidance to 32 County Elections Board with Instructions on how to Pull Voting Histories, Signed Poll Books, and Redacted Ballots dating back Several Elections in Response to Subpoenas issued by the U.S. Attorney’s Office of the Eastern District of North Carolina in 2018.

Ohio: A Three-Judge Panel from the U.S. District Court for the Southern District of Ohio has Thrown Out Ohio’s Congressional Map saying that it’s Unconstitutional because of Partisan Gerrymandering and that it must be Redrawn by 2020.

Pennsylvania: A County Judge has Signed Off on a Petition brought by Murrysville’s Two Major Political Committees to Break Up Two Oversized Voting Precincts. Both Precincts contain more than 3,600 Registered Voters which is more than Three Times allowed by Law. The Large Precincts Created Massive Election Day Lines.

Tennessee: Four Civil Rights Groups have filed Suit Challenging the State’s New Law that Imposes Fines and Criminal Sanctions on Third-Party Registration Groups that turn in Voter Reg Forms Late or Forms that are Incomplete or Incorrect. According to Courthouse News, the Lawsuit was filed late Thursday in Nashville Federal Court by the Tennessee Chapter of the NAACP, Democracy Nashville – Democratic Communities, The Equity Alliance. and The Andrew Goodman Foundation, Groups that work to Register Citizens from Disenfranchised Communities, such as African Americans, Low-Income Voters, and College Students. They Claim the New Law could Halt or Significantly alter their efforts to Register voters.

Virginia: A Special Prosecutor in Virginia said Monday that he’s Presented Two Indictments of Election Fraud against Someone who Worked on a Failed Re-Election Campaign for a Republican Congressman last year.