Legislative Updates
Alaska: The Anchorage Assembly has Passed a Change to Title 28 that will Allow Voters in the Largest City in the Largest State in the Union to Take and Post Ballot Selfies. While it is Legal to Post your Ballot, the Code does still Prohibit Showing that Picture to anyone while within 200 feet of a Polling Location.
The House has Approved House Bill 115 that will Allow All Eligible Voters to Sign-Up for a Permanent Absentee Voter List. The Bill was Approved 24-15. “Exercising the right to vote is key to a strong democracy,” Rep. Chris Tuck (D-23rd District, Anchorage) wrote in a Release. “House Bill 115 removes barriers to this right by making it more convenient to vote by mail in Alaska. Absentee voting is voting by mail. By simply adding a box to check on the absentee ballot application, Alaskans can routinely vote by mail, resulting in more participation and a stronger democracy.”
Arizona: Debate over House Bill 2304 devolved into a Shouting Match this week in the House Elections Committee. Under House Bill 2304, Voters would Not be Allowed to bring Translators with them into the Voting Booth. The Bill would also Require Regular Checks of Voter Registration Records against Lists of Jurors who had been Disqualified for Citizenship Reasons.
California: Gov. Gavin Newsom (D) has Signed Senate Bill 207 into Law. Under the New Law, which takes effect Immediately, Voters are able to make Last-Minute Changes to their Address or Party Affiliation. The New Law allows those Already Registered to Bypass Filling Out the Full Voter Reg Form and can instead Fill Out a Shorter Update Form at the Polls during Early Voting and on Election Day.
Illinois: Under House Bill 5309, filed this week, Voters would decide whether or Not to Merge the Danville Election Commission with the Vermillion County Clerk’s Office.
Iowa: A Senate Committee has Approved a Bill that would Require Returning Citizens to Prove they’ve Repaid Restitution to Victims before their Voting Rights are Restored. The Bill, if Approved by the Full Legislature, would only take Effect if Voters in Iowa Approve an Amendment to a State Constitution that will Automatically Restore Voting Rights to Returning Citizens.
Kentucky: The Senate has Approved Senate Bill 62 that would Restore the Right to Vote for Formerly Incarcerated Residents after a Designated Amount of Time. The Right to Vote would Only be Granted if the Felonies didn't Committed a Sex Offense, Violent Offense, or an Offense against a Child.
Michigan: A Set of Bills Passed Out of the State Senate Elections Committee Thursday will Allow Clerks to Remove Ballots from the Mailing Envelope, but Not the Secrecy Sleeve the Day before the Election. “Well just think, how many seconds do you think it will take to open that envelope? And then, pull it out of it, and then be able to take the perf off with the number on it so that it can be accounted for? I think it will have substantial savings that will really make a difference,” said Sen. Ruth Johnson (R-14th District). The Bills would also Allow Absentee Ballot Counters and Election Inspectors to Work in Shifts. However, on Wednesday, Senate Majority Leader Mike Shirkey (R-16th District) put an End to Discussion on Bills that might Change the Absentee Voting Process saying that Security takes Precedent over Timeliness. “If I had to choose between early voting, early counting, versus late reporting, I’ll take late reporting all day long,” he said.
A Bill Sponsored by Rep. Darrin Camilleri (D-23rd District, Brownstown) would make Regularly Scheduled Election days in May, August, and November, State Holidays. “I think that we want to make it as broad as possible, as easy as possible for people to participate in our elections,” Camilleri said.
Missouri: Under HB 1639 Voters would be Required to Declare a Party weeks before a Primary Election. Rick Watson, President of the Missouri Association of County Clerks and Election Authorities, Testified against the Bill. He said Election Officials are Busy enough keeping Track of Current Voter Registration. “This will just add one more layer of expensive and unnecessary expenses,” Watson told Lawmakers.
Minnesota: A Bill that would Classify Party Preference Information as Private Data on Voter Registration Forms has Cleared the House Government Operations Committee. The Bill would also Penalize Political Parties if they Sell the Information.
South Carolina: Lawmakers are considering Legislation that could Increase the Salaries for Poll Workers. The Proposed Legislation would Create a Committee to Review the State’s Poll Worker Salary and Compare it to the Salaries for Poll Workers in Other Jurisdictions before making a Recommendation.
Tennessee: Lawmakers have introduced a Bill that would Require the State to Offer Voluntary Training on Voter Registration Laws and Require Voter Registration Applications be Submitted within 15 days of a Voter Registration Drive. The Measure would then Prohibit the Retention of Voter Information for Non-Political Purposes, as well as Require “cybersecurity to be considered” when Certifying a Voter Registration system.
Utah: Legislators are considering a Bill that would Require State Elections Officials to Explore Statewide use of Mobile-Voting like the Software that is in Use for Certain Voters in Utah County. The Bill would Order Lt. Gov. Spencer Cox to Carry Out a Study “related to internet voting” and whether Allowing it Statewide would Increase Overall Voter Turnout. It also Directs the Study to look into Distributed-Ledger, Encryption, Multi-Factor Authentication, and Evaluate Existing Vendors like Voatz.
Washington: Senate Bill 6688 has been introduced in the Senate State Government, Tribal Relations & Elections Committee. The Bill would Require Certain Counties, Cities, and Towns, to get Preclearance from the State to Utilize New Voting Qualifications or Other Voting Practices. The Jurisdictions in Question would have to Prove in Court that any New Voting Prerequisite, Standard or Practice does Not Deny Anybody the Right to Vote or Create a Barrier to Voting. The Attorney General would also have to Approve the New Practice before it is Instituted. Additionally, the Attorney General would also be Required to Raise an Objection in Superior Court if the New Voting Prerequisite is Found to Hinder someone’s Right to Vote.
A Bill that would have Restored Voting Rights to Returning Citizens as soon as they are Released from Incarceration even if the Terms of their Sentence were Not Complete was Deferred this Week meaning that it Can’t be Brought Up again this Session.
Wyoming: Rep. Chuck Gray (R-57th District, Casper) has filed House Bill 167 that would Require Voters to Show a Photo ID in Order to Cast a Ballot.
In the Senate, Sen. Bo Biteman (R-21st District) attempted to Add an Amendment to SF 20, an Elections Code Revision Bill, that would Require a Photo ID in Order to Cast a Ballot. The Amendment Failed on a 15 to 15 Vote.
The House Passed a Bill on Third Reading which would Secure the Status of Tribal Identification Cards as Valid Forms of ID for Voting in Wyoming. If Signed into Law, the Bill would make it Clear that Members of the Eastern Shoshone or Northern Arapaho Tribes can use their Tribal Identification Cards as the Sole means of Registering to Vote if they contain their Driver’s License Number, if they have One, or the Last Four Digits of their Social Security Number. The Bill now Heads to the Senate.
Legal Updates
Alaska: Oral Arguments were held this week before the Alaska Supreme Court in the Case of whether or Not the Alaskans For Better Elections’ Ballot Initiative Violates State Rules for a Ballot Initiative. The State Division of Elections alleges the Proposed Initiative, which would, among other things, Legalize Ranked-Choice Voting, has Three Parts which Violates the State’s Single Subject Rule for Initiatives.
California: Norman Hill, 62 of Los Angeles County, has Plead Guilty to One Count of Circulating a Petition with False Names. Hill is One of Nine People that’s been Charged in a Voter Fraud Scheme that had Homeless People in Los Angeles’ Skid Row Receiving Cash and Cigarettes in Exchange for Fraudulent Signatures on Ballot Initiative Petitions and Voter Registration Forms. Hall was Sentenced to Three years of Probation of 100 hours of Community Service.
Florida: A Three-Judge Panel of the U.S. Court of Appeals of the 11th Circuit Ruled this week that it is Unconstitutional to Force Florida Felons to First Pay Off their Financial Obligations before Registering to Vote. Although the Ruling Applied only to 17 Felons who Sued the State, Supporters of Amendment 4 view the Ruling as a Victory for All Returning Citizens in the Sunshine State.
“This ruling recognizes the gravity of elected officials trying to circumvent Amendment 4 to create roadblocks to voting based on wealth,” said Julie Ebenstein, One of the Lawyers for the American Civil Liberties Union Representing Several Plaintiffs. In their Opinion, Judges Lanier Anderson, Stanley Marcus, and Barbara Rothstein, added that it was “undeniable” that the Requirement Punished Poor Felons, while Wealthier Felons wouldn’t be similarly Denied the Opportunity to Vote because they can Afford to Pay their Obligations.
The U.S. 11th Circuit has Ruled that Changes made by the Florida Legislature has Rendered Moot the Lawsuit filed by Bill Nelson’s Senate Campaign and the State’s Democratic Executive Committee over Signature-Matching Voting Laws. But the Court Denied the National Republican Senatorial Committee’s Request to Vacate its Orders, which Upheld a District Court Injunction Blocking Florida from subjecting Mail-In and Provisional Ballots to Signature-Match Review.
Kansas: The National and State Democratic Party have Sued Kansas Secretary of State Scott Schwabb (R) over the State’s Failure to Implement the State’s New Vote Center Law. Plaintiffs are Seeking a court Order to either Force Schwab to Issue the Necessary Regulations or to Allow Counties to Move Ahead with “Vote Anywhere” Plans for this year’s Elections.
Maine: The Public Interest Legal Foundation, Inc. has Sued the Office of Secretary of State Matt Dunlap Alleging that the Office Illegally Denied the Group Access to the State’s List of Registered Voters. The Group Claims that Maine’s Voter Record Inspection Laws, which Limit who can Obtain Lists of Registered Voters, Violate the National Voter Registration Act. The Foundation is asking U.S. District Judge George Singal to find that Dunlap Violated Federal Law and to Order his Office to Provide the Organization with a Copy of Maine’s Voter Registration List.
New Hampshire: Patrick Bradley, 34, of Windham, has been Charged with Three Counts of Simple Assault and One Count of Disorderly Conduct for Allegedly Assaulting a 15-year-old Supporter of President Donald Trump and Two Other People Outside of a Polling Place during New Hampshire’s Primary.
North Carolina: The North Carolina Court of Appeals Temporarily Blocked the State’s Voter ID Law saying that it was Created with “racially discriminatory intent.” The Law had already been Blocked by a Federal Court and the State’s Attorney General announced that he will Wait until after the Primary to Formally Appeal the Ruling. In the wake of the Ruling, the Civitas Institute is Filing an Ethics Complaint against Two of the Judges.
North Dakota: The State and Several American Indian Tribes have reached a Settlement in Two Lawsuits over the State’s Voter ID Laws. A Pending Court-Ordered “consent decree” will “ensure all Native Americans who are qualified electors can vote, relieve certain burdens on the Tribes related to determining residential street addresses for their tribal members and issuing tribal IDs, and ensure ongoing cooperation through mutual collaboration between the State and the Tribes to address concerns or issues that may arise in the future,” a Joint Statement by the Spirit Lake Nation, Standing Rock Sioux Tribe, and Secretary of State Al Jaeger said.
Ohio: The State of Ohio argued Thursday before a Sixth Circuit Panel that Incarcerated Voters are Not Entitled to the same Absentee Voting Deadline as those Confined to Hospitals. The State seeks to Overturn a Ruling by U.S. District Judge Michael Watson, who Determined in November 2019 that Individuals Jailed Immediately Prior to and Incarcerated through Election Day are Entitled to Submit Absentee Ballots up to 3 p.m. on that day. Deputy Solicitor General Zachery Keller told the Panel that Election Day Deadlines inevitably Prevent a Certain Number of People from Exercising their Right to Vote. “There have to be lines [drawn] somewhere,” Keller said, adding that “election laws invariably exclude some people from voting.”
Pennsylvania: A Federal Judge in Philadelphia heard Arguments this week over the Certification of Voting Machines used by Philadelphia and Northampton County. For Part of her Three-Plus Hours on the Stand, Secretary of State Kathy Boockvar sought to show that No Element of a Federal Court Agreement in 2018 Specifically Outlawed Certification of the Machine in Question, the ExpressVote XL Touchscreen system. She also Testified that Certification of the ExpressVote XL Touchscreen system had been well Underway during Talks to Settle the Lawsuit.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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