Legislative Updates
Federal Legislation: Sen. Ron Wyden (D-OR) has introduced Legislation that would provide $500 Million in Federal Funding to help States to conduct Elections by Mail in during to Coronavirus Pandemic. Wyden’s Bill would give All Americans the Right to Vote by Mail if 25% of States Declared an Emergency related to the Coronavirus Outbreak. The Bill also would Require State and Local Officials to prepare for Possible Coronavirus Disruptions and to offer Prepaid Envelopes with Self-Sealing Flaps to Minimize the Risk of Contagion from Voters’ Licking Envelopes. The Bill would Prohibit States from using the $500 Million to Implement Mobile or other Internet-based Voting Technologies, though Voters could still Request their Ballots through Online means.
Florida: The House has Approved a Bill to remember a 1920 Event in which White Floridians Killed and Destroyed the Property of Bblack Residents who Organized a Voter Registration Event. Under the Legislation, Schools will be Required to Include Lessons on the Ocoee Election Day Massacre and State History Museums will also have to include Information about the Event.
Kentucky: With the Support of Secretary of State, Michael Adams, Rep. Jason Nemes (R-33rd District) has introduced House Bill 596 which: Extends Polling hours from 6pm to 7pm Local Time Extends the Voter Registration Deadline so Prospective Voters have more time to Register before an Election; Makes Voting by Mail easier by Permitting the Choice of Absentee Voting in Person or by Mail; Permits additional Reasons for Early Voting: Employment as “essential service personnel” such as First Responders; Bereavement; Serious Injury or Illness of a Family Member; Permits Counties to establish “vote centers,” where any Voter Registered in a particular County may Vote, rather than having to Vote at his/her Precinct. This benefits Voters who may Work on One Side of the County and have a Long Commute Home to the Other Side of the County; Allows Counties who don’t Adopt Vote Centers to more easily Consolidate Multi-Precinct Voting at One Location; Allows Voters more Time to Change Party Affiliation Prior to a Primary Election so they can Vote in their Preferred Party’s Primary; Allows Registered Independents to Serve as Poll Workers, Addressing our Poll Worker Crisis; Permits Poll Workers to Sign Up for Half-Day Shifts, further Addressing our Poll Worker Crisis; Allows Children and Parents to obtain a Medical-Emergency Absentee Ballot, rather than just the Voter and the Voter’s Spouse; and Reduces Wait Time for Early Voting by Allowing a County Clerk to Place Early-Voting Machines in any of the Clerk’s Office Locations.
Louisiana: Rep. Mandie Landry (D-91st District, New Orleans) has introduced a Bill that would Allow every Louisiana Resident to Vote by Mail and require the State to provide Pre-Paid Postage on Absentee Ballots.
Rep. Matthew Willard (D-97th, New Orleans) has introduced Legislation that would Change how the State’s Voter List is Maintained. Under Willard’s Bill, Residents would be Removed from the Rolls if they are Inactive for Four Federal General Elections, rather than Two such Elections as under the Current Rules, a Violation of the Voting Rights Act. Voters on the Inactive List would Not see their Registrations Cancelled within 120 days before an Election in their Jurisdiction, another Violation of the Voting Rights Act.
New Hampshire: The House has Approved the Secure Modern Accurate Registration Technology (SMART) Act that would Allow Residents to Register to Vote when getting a New or Renewing an Existing Driver’s License. Voters would be Allowed to Opt-Out of Registering. The House Voted 202 to 146 for the Bill, heads back to the Senate, where it Originated last year.
Pennsylvania: The For the People Act is Awaiting Action from the Senate. The Act is a Package of Bills that would Institute Automatic Voter Registration, Same-Day Voter Registration, Early Voting, and put Limits on Corporate Campaign Contributions, and Allow for Pre-Registration of 16- and 17-year-olds.
Tennessee: The Bristol City Council has Voted 4-1 to Move the City’s Elections from May to November.
Utah: The House has Voted in Favor of SB83 that would Permit a Political Party or Candidate to obtain Specific Pieces of Information from a Voter Registration Record Classified as Private such as a Person’s Name, Address, Birth Year, Political Affiliation and Voting History.
Virginia: The Senate has Approved Bills that will Move the State to an Automatic Voter Registration System as well as allow for Same Day Registration. Both Bills have already been Approved by the House and they await Democrat Gov. Ralph Northam’s Signature.
Washington: House Bill 1251 has been Approved by the Senate. The Bill requires the Secretary of State, the Attorney General, and the Chief Information Officer to Consult with County Auditors to Identify instances of Security Breaches in Elections Systems and Data and Determine whether the Source of Any Breaches are Foreign or Domestic Entities. Additionally, it Mandates the Secretary of State to Report to the Legislature when Security Breaches occur, as well as provide Recommendations to Increase the Security of Washington’s Elections System
Wyoming: A Bill that would have Prevented Crossover Voting has Failed in the Senate. This is the Second Attempt in as many years to Limit Voters to Voting for their Own Party. HB209 (Change in Party Affiliation) Passed easily through Committee 8-1 and at Third Reading of the House Floor 44-14 on February 28th. It Failed to Advance out of the Senate Corporations Committee.
The Senate has Approved a Bill that would Allow County Clerks to Accept Tribal IDs as Official Identification for Voter Registration if the ID includes the Applicant’s Driver’s License Number or Last Four Digits of their Social Security. The Bill was Approved Unanimously and without Debate. Both the Northern Arapaho and Eastern Shoshone Business Councils expressed Support for the Bill before it was Introduced.
However, some Tribal Leaders would Prefer that the Legislation go further. Eastern Shoshone Business Councilwoman Karen Snyder said that the Default Format for Eastern Shoshone Tribal IDs does Not Include a Driver’s License Number or Last Four Digits of Social Security. “There were some opinions that felt like the bill, initially, was a slap in the face to tribal sovereignty,” Snyder said. “I’m not going to be as aggressive as to say that. I’m going to say it’s a provisional win for us.”
Legal Updates
Florida: Cheryl Hall, 63 of Lake County has been Charged with 10 Felony Counts of Submission of False Voter Registration after she turned in Voter Registration Forms on Behalf of Florida First. About 119 Forms with some Type of Fraud were Turned In. Some were New Registrations with Incorrect Information and Others were Forms that Hall had Switched the Party Affiliation on.
Georgia: Under the Settlement in Federal Court, Georgia Election Officials Agreed to Contact Voters whose Ballots were Rejected by Email, Phone, and Mail within Three Business days. Voters must be Contacted the Next Business day if Absentee Ballots are Invalidated during the 11 days before Election Day. The Agreement resolves a Lawsuit filed in November over 8,157 Absentee Ballots that were Thrown Out in the 2018 General Election; about 3% of All Absentee Ballots Returned by Mail.
Indiana: The U.S. Attorney’s Office has Announced they will be Examining Polling Places in the Southern District of Indiana to determine if the Sites are Compliant with the American with Disabilities Act. The Southern District encompasses 60 Counties.
Ohio: The Groups seeking to put a Ballot Measure before Voters are Appealing a Decision by the Ohio Ballot Board to Split the Secure and Fair Elections Amendment into Four Separate Ballot Questions. The Amendment would, among other things, Require 28 Days of Early Voting, Automatic Voter Registration, and Same Day Registration. The Ohio Ballot Board said this Measure did Not follow the Single-Issue Requirement and Split the Initiative Four ways. Each Petition would need 442,958 Signatures. The Petitioners are Appealing to the State’s Supreme Court.
North Carolina: State Appeals Court Judge, Chris Brook, has Recused himself from Participation in the Voter ID Case because of his Previous Work as an American Civil Liberties Union (ACLU) Attorney Fighting against a 2013 Voter ID Law in the State.
Texas: The Texas Democratic Party, joined by National Democratic Groups has Sued the State Elections Officials in an Attempt to Stop a New Ban on Straight-Ticket Voting. The Lawsuit was Filed in Federal Court along the Texas Border in Laredo, and Points to Long Lines Snaking Out of Polling Places in Houston during this week’s Election, when Some Voters Waited more than an Hour in mostly Minority, Democratic Neighborhoods. Lines in mostly White, Republican Neighborhoods were Much Shorter.
The U.S. 7th Circuit Court of Appeals Ruled that the State’s Attorney General is able to Prosecute a Defendant Indicted for Election Fraud. The Trial Court previously Quashed Part of the Indictments, Blocking the State from Alleging and Proving that the Defendant Committed Multiple Fraudulent Acts during a Single Election. The Court also Lowered Two Election-Fraud Charges from Felonies to Misdemeanors. In its Opinion, the Seventh Court of Appeals Ruled that the Trial Court Erred in Quashing the Allegations. It Reversed the Trial Court’s Order and Remanded the Cases for Trial. Under Texas Election Laws, the State has a Duty to Prosecute each Election Violation, including Repeated Violations by the Same Offender.
State District Judge, Emily Tobowlowsky, has Approved a Request from Dallas County to Redo the Tally of Votes Cast in the March 3rd Primary after it Discovered that an Unknown Number of Ballots from 44 Tabulating Machine's Removable Memory Devices were Missed in the Initial Count. It is Unclear how many Ballots were Missing, and if the Missing Ballots might Affect the Outcome of any Races.
Wisconsin: The Wisconsin Institute for Law and Liberty has filed a Petition with the State’s Supreme Court to Review the Case over whether or Not more than 200,000 People should be Immediately Removed from the Voter Rolls. The Petition is asking the Court to Review the Case before the November Election, but Not the Upcoming April Primary. Justice Daniel Kelly said that he will most likely Participate in the Case since it won’t be heard until after his Primary in April. He had initially Indicated that he may Recuse himself.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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