Legislative Updates
Federal Legislation: U.S. Sens, Bob Casey (D-PA), Ranking Member of the U.S. Senate Special Committee on Aging, and Amy Klobuchar (D-MN), Ranking Member of the U.S. Senate Committee on Rules and Administration, have Introduced the Accessible Voting Act.
Alabama: Two pre-filed Bills sponsored by Rep. Thomas Jackson (D-68th District, Thomasville): House Bill 28 would allow Voters to Vote Absentee without having to Supply an Excuse, and House Bill 30 would require each County to provide at Least One Voting Center to be Open for In-Person Voting for 14 days preceding an Election Day.
Arizona: Rep. Jay Lawrence (R-23rd District, Scottsdale) has introduced a Bill (HB 2137) that would require Police to be posted at Every Polling Place in the State. Lawrence said this isn’t about Mediating Disputes between Election Officials and People who are told they’re Not Registered to Vote. “We are talking about contentious, we’re talking about anger, we’re talking about someone who comes in and intends to disrupt the polling place because of the politics,” Lawrence said. “There are individuals in our society whose anger is so thorough, so extreme, that they will do anything they can.”
Rep. Bob Thorpe (R-6th District, Flagstaff) has introduced HB 2461 that would essentially Prohibit College Students from Voting where they attend School instead of where their Parents Live. The Bill would spell out that anyone who is Living in a Dormitory “or other temporary college or university address” is presumed to be there only Temporarily and is there “with intent to return to some other permanent address.”
The House Elections Committee Voted Unanimously to support a Bill that will allow Officials to Resolve Ballot Issues Digitally. The Current Process to Correct a Ballot requires a Physical Duplicate Copy of a Ballot be Printed and Filled Out in Full, even if there’s Only One Vote on the Ballot in question. That takes Election Workers an Average of 12 Minutes. The Proposed Legislation would Allow Ballots to be Duplicated Digitally. That would Allow Election Workers to Identify and Correct Individual Questions on Ballots, a Process that takes Less than One Minute to Resolve.
Delaware: The Senate has Approved House Bill 73 that would Allow for No-Excuse Absentee Voting. The Measure, the First Leg of a Constitutional Amendment, Passed the House 38-3 in April but Fell Short of the Necessary Two-Thirds Threshold in the Senate just after Midnight on July 1st, 2019 before the Chamber gaveled out for the year. The Senate was able to Move the Bill this year after Several Senators were Persuaded to Change their Previous No Votes. Gov. John Carney (D) Supports the Measure, although as a Constitutional Amendment it must Pass again in either 2021 or 2022.
Illinois: Gov. J.B. Pritzker (D) has Signed Legislation into Law that will Allow Eligible Students to be Excused from School for Two hours in order to Vote in Elections. Students can be Excused to Vote on the Day of Election or on a day where Early Voting is Offered. Under the Legislation, Schools may Specify the Hours in which Students may be Excused.
Kentucky: Senate Bill 2, which would Require a Voter to Show a Photo ID has Passed a Senate Committee with Modification. It will No longer Require that the Photo Identification presented at Polling Locations have an Expiration Date, most College IDs, One of the Forms of Identification Accepted, do Not have Expiration Dates; it will Allow People who Don’t have Photo Identification but have a Credit Card, Debit Card, or Social Security Card, to Sign an Affidavit at the Polls and Cast a Regular Ballot; and it No longer Requires Voters to get a Notarized Affidavit stating why they Don’t have an ID.
Maryland: The Maryland General Assembly is considering a Bill that would Require Returning Citizens to be Notified of their Voting Rights Status. The Bill would Mandate the State’s Department of Public Safety and Correctional Services to provide a Voter Registration Form, Voting Requirements, and Other Information before an Inmate is Released.
Massachusetts: This week, the Joint Committee on Election Laws will hold a Public Hearing on a Proposal that would give Cities and Towns the Option to Lower the Voting Age to 16 in Local Elections. The Bill wouldn’t Lower the Voting Age Statewide, but instead let Cities and Towns Extend the Franchise to 16 and 17-year-olds without having to Seek Permission from the Legislature.
Missouri: The House Elections and Election Officials Committee is considering House Bill 1600 which would Give the Secretary of State’s Office the Power to Subpoena for Investigations and makes Changes to the State’s Voter ID Law which was recently Gutted by the Missouri Supreme Court. Under the Legislation, “voters without personal identification at a polling place to vote a provisional ballot which will be counted” as long as the Voter Returns with Proper Documentation for Election Officials.
New Jersey: Gov. Phil Murphy (D) has Signed S589/A422 into Law. The Legislation establishes an Online Voter Registration system in New Jersey and Enables All Eligible New Jersey Voters to Register to Vote Online with an ID issued by the New Jersey Motor Vehicle Commission or the Last Four Digits of their social Security Number and a Digital Signature.
Murphy also Signed a Bill into Law that will Provide Funds to Local Elections Officials to Cover the Costs of Vote-by-Mail.
New York: The New York City Council is considering a Measure that would Change the City Charter to Allow People with Green Cards and Non-Citizen Work Authorizations to Vote in Local New York City Elections. If Approved the Voting Rights could be Granted to anywhere from 500,000 to One Million People.
Ohio: A Coalition led by the ACLU of Ohio filed Initial Paperwork and Signatures for “The Secure and Fair Elections Amendment” with the Ohio Attorney General this week. The Proposed Amendment would Allow Ohioans to Register and Cast a Ballot on the Same Day during the Early-Voting Period, including on Election Day. It also would Enact Automatic Voter Registration (AVR). Eligible Citizens would be Registered to Vote when Applying for, Renewing, or Updating an Ohio Driver’s License, Learner’s Permit, or State ID Card, at the Ohio Bureau of Motor Vehicles unless they Opt-Out.
Virginia: By a 31-9 Vote, the Senate has Approved Senate Bill 111 that will Allow for No-Excuse Absentee Voting in the Commonwealth. Similar Legislation has yet to make it Out of Committee in the House of Delegates.
The Senate also Approved a Bill, Senate Bill 601, that Designates Election Day as a State Holiday. The Bill would Eliminate Lee-Jackson Day which Celebrates the Birthdays of Confederate Generals.
Washington: The House (HB 2647) and the Senate (SB 6412) are considering Legislation designed to make Elections more Secure. The Bills would make Knowingly Destroying or Failing to Deliver a Voted Ballot a Felony, appropriate $1.8 Million so the State can Tap into $8.6 Million in Federal Matching Funds to Improve Elections Security and would Remove Electronic Methods of Ballot Return for Military and Overseas Voters. The Legislation has the Support of the Secretary of State.
House Bill 2529 would Permit Elections in Odd-Numbered years in Limited Circumstances, such as Special Elections, including School Levies or Recall of a Public Official. By 2026, All Local Elections would have to Switch to Even-Numbered years, though Special Elections could Continue in Odd years. State Ballot Measures, which are seen most years, could only be Run in Even years Starting Jan. 1st, 2021.
West Virginia: The House Judiciary Committee is considering Senate 94, which was Approved by the Full Senate on Jan. 15th. Under the Bill West Virginians with Physical Disabilities would be able to Vote using the Same Mobile Voting App that the State has used for its Military and Overseas Voters.
Wisconsin: The Senate has Approved a Bill that will Legalize Ballot Selfies. The Bill, which was Approved on a Voice Vote, goes to the Assembly next. The Wisconsin County Clerk Association Opposes the Legislation.
Legal Updates
Florida: The Florida Supreme Court has sided with Gov. Ron DeSantis (R) and Republican Lawmakers who argued that Felons must Pay Back All Court-Ordered Fines, Fees, and Restitution before Registering to Vote. “We conclude that the phrase, when read and understood in context, plainly refers to obligations and includes ‘all’ — not some — LFOs [legal financial obligations] imposed in conjunction with an adjudication of guilt,” justices Wrote.
New Jersey: A Trial to Determine whether 42 Uncounted Provisional Ballots in a Race for Morris Township Committee began this week. In a Situation that’s become known as Gluegate, Peter Mancuso was Declared the Winner by just 15 Votes over Democrat Bud Ravitz after a Recount of the November 2019 General Election. Democrats want to see if the 41 Uncounted Votes will Reverse the Outcome of the Election. The Ballots were Not Counted because the Ballot Envelopes were Not Properly Sealed allegedly due to issues with Glue on the Ballot Envelopes.
Pennsylvania: A Federal Judge has Ordered a Month-Long Delay in a Case that seeks to Bar the State’s use of the ExpressVote XL Touchscreen Voting Machines Violates a Legal Settlement that Sets Higher Standards for Election Security in the Commonwealth.
South Carolina: The South Carolina Elections Commission has Settled a Lawsuit filed by the Democratic Congressional Campaign, the South Carolina Democratic Party, and the Democratic Senatorial Campaign Committee. Under the Agreement, the State will No Long Require Voters to Provide their Entire Social Security Numbers when Registering to Vote. They will Only have to provide the Last Four Digits, which is the Case in 47 other States and the District of Columbia.
Wisconsin: Attorneys for the Wisconsin Institute for Law and Liberty (WILL), asked the State Supreme Court to Overturn a State Appeals Court’s Jan. 14th Decision to Place the Original Ozaukee County Judge’s Ruling to Purged 209,000 from the Voter Rolls, on Hold. It also Asked the High Court to Undo the Stay of a Contempt Order against the State Elections Commission that an Ozaukee County Judge Issued after the Commission Failed to Proceed with the Voter Purge. But the Current State Purge Law Violates The Voting Rights Act Purge Rules.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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