Electionline Weekly-July 30th-2020

Legislative Updates

Congress: Reps. Mary Gay Scanlon (D-PA, 5th District) and Jamie Raskin (D-MD, 8th District) have introduced the Accessible Voting Act which would establish an Office of Accessibility in the Election Assistance Commission (EAC) and Provide Grants to help States Improve Voting Access, including Absentee Ballots. The House Bill is the Companion to a Bill introduced in the Senate earlier this year by Sens. Bob Casey (D-PA) and Amy Klobuchar (D-MN). So far, the Senate Bill has Stalled in Committee

Connecticut: By a Vote of 144-2, the House Approved a Bill that will Allow Anyone concerned about going to the Polls on Election Day, in November, to Cast an Absentee Ballot. Although the Vote was Overwhelmingly in Favor of the Bill, it wasn’t without Debate. Republicans, although only Two Voted Against the Bill, argued that the Secretary of State’s Ballot Drop Boxes weren’t Secure and that the Absentee Voting Process could be Confusing to Voters. Republicans sought to Amend the Bill, Thursday July 30th, to Allow for Some Regulation of the Boxes, but were Unsuccessful. The Senate Approved the Bill.

Maryland: The Montgomery County Council Approved a Resolution calling on Gov. Larry Hogan (R) to Change his Position on how Voting should be carried out in the Upcoming General Election Nov. 3rd. The Nine Members of the County Council are Calling on the Governor to send Ballots with Prepaid Postage Directly to Eligible Voters. The Council also said Touch-Free Drop Boxes should be Provided so that Voters can Cast their Ballots “to make voting as easy and safe as possible. Substantially changing the procedures for the general election now will confuse voters, undermine confidence, add costs and create unnecessary health risks for voters, staff and volunteers,” Council Member Tom Hucker said. “We urge the state to reconsider.”

I think the States should send Ballot Requests, and use the Undeliverable Requests, to Clean the Voter Roles.

New Jersey: The Monmouth County Board of Chosen Freeholders Unanimously Passed the Resolution Opposing the Exclusive use of Mail-In Ballots for this November’s General Election, and All Future Elections “The Board of Chosen Freeholders believes that voter choice should refer to ‘how to vote,’ in addition to ‘who to vote for,’ in any given election cycle,” said Freeholder Director Arnone. “On behalf of the Board, I urge the Secretary of State and 21 County Clerks to utilize in-person voting in conjunction with mail-in balloting come Tuesday, November 3. After regularly corresponding with the Governor’s Office about this matter, we hope that a decision is made before our next Freeholder Meeting.”

New York: The Legislature has Approved a Bill that will Implement Automatic Voter Registration (AVR) by 2023. The Legislation had to be Scrapped in 2019 after a Typo in the Bill would have Allowed Noncitizens to Register to Vote. Under the New Bill, Voters will be Automatically Registered to Vote when Obtaining a Driver’s License or Conducting Business with certain State Agencies. They will be Permitted to Opt-Out of the Registration. Legislators

Approved a Bill Allowing Voters the chance to Apply for and Receive Absentee Ballots well ahead of November’s Fast-Approaching Election. The Measure Suspends a Law barring Local Boards of Election from Processing Mail-In Ballot Applications until 30 days Preceding an Election. Now, Applications can be Approved as soon as they are Received.

Oregon: In a 5-4 Vote, the Eugene City Council Voted Down a Proposal to Place a Charter Amendment on the November Ballot that would have paved the way for the City to Implement the STAR Voting System for Mayor and City Council. STAR stands for Score, Then Automatic Runoff was created in 2014 during a Conference at the University of Oregon. The Equal Vote Coalition has been Advocating for the System ever since, saying it Boost Equality in the Voting Process and Combats Hyper Partisanship.

Legal Updates

Florida: The Florida Council of the Blind and Secretary of State, Laurel Lee, have reached an Agreement over a Suit filed Seeking Better Accessibility for the State’s Vote-at-Home Ballots. The Deal will require Five Counties: Miami-Dade; Nassau; Orange; Pinellas; and Volusia, to Implement a Program allowing Blind and Print-Impaired Voters to Fill-Out Ballots Online. The Agreement also Requires Statewide Implementation of the Process by March 2022. The Five Counties agreed to have the System in time for the Nov. 3 Elections, according to Florida Council of the Blind Lawyer, Matthew Dietz. More than 500,000 Floridians are Blind, and Hundreds of Thousands of Others are Print-Impaired, he said. Under the Settlement, Lee will “educate” and “encourage” County Supervisors of Elections about a Variety of Vote-by-Mail Procedures that were at the heart of the Case. For example, the State’s Top Elections Official will be Required to Educate Supervisors about Pre-Paid Postage for Mail-In Ballots. The Settlement also will Encourage Local Elections Officials “to maximize the use of drop boxes for vote-by-mail ballots” and to Inform Voters about the Availability of the Ballot Drop-Off Sites.

I support the idea of: Drive-Thru Voting, Mobil Voting Units, and Secure Drop-Boxes.

Georgia: Superior Court Judge, Thomas Hodges, Dismissed a Petition that Challenged the Election of Jesse Houle to the 6th District Seat on the Athens-Clarke County Commission. Hodges, Retired from the Northern Circuit and Appointed to Hear the Case in Athens, cited a State Case called Jones vs. Norris, which in part reads “votes cast for candidates who have died, withdrawn or been disqualified shall be void and shall not be counted.” 9th District Incumbent Commissioner, Jerry NeSmith, Died days before the June 9th Election. As a result, Athens-Clarke Attorney, Judd Drake, concluded that Houle could take the Seat in January despite Losing the Vote Count to NeSmith. NeSmith tallied 1,864 Votes to 1,404 for Houle.

Iowa: The President’s Re-Election Campaign and other Republicans are seeking to Intervene in a Lawsuit brought by LULAC that is Seeking to Overturn the Iowa Law that Prevents Election Officials from Filling Out Omitted or Incorrect Information on absentee Ballots. The GOP Groups also called on Secretary of State, Paul Pate, to Order Two “rogue” Counties to Stop sending Absentee Ballot Applications with the Voters’ Information, such as Date-of-Birth and Voter Identification Number, Prepopulated.

Kansas: Shawnee County District Judge, Teresa Watson, has Ruled that Secretary of State, Scott Schwab, must Release the Names of People who Cast Provisional Ballots in the 2018 General Election, including whether their Votes were Counted. About 29,000 Provisional Ballots were Cast in the 2018 General Election in Kansas, the Ruling noted. Plaintiffs sought the Release of the 2018 Provisional Voter Information so that it can Help Voters Correct the Problems that Caused them to be given Provisional Ballots, such as Correcting Mismatched Signatures in Voter Registration Records or Telling them what ID they’ll Need to Present and what Polling Site they’re Supposed to use.

In another matter, Shawnee County District Judge, Thomas Luedke, has Dismissed a Lawsuit brought by Democrats to Force Secretary of State, Scott Schwab, to Implement for the 2020 Elections a Law Allowing Voters to Cast Ballots from any Polling Station within their Home County. In the Suit, the Kansas Democratic Party and Three National Democratic Party Organizations contended Schwab was Intentionally Dragging his feet on the Changes for Partisan Benefit. In dismissing the Case, however, Luedke said Implementation of the Vote Anywhere Act was in the “complete discretion of the county election officials” whether or Not Schwab devised Rules or Regulations to Guide them.

Maine: The State is facing a Federal Lawsuit over Ranked-Choice Voting, again. Four Mainers have Filed a Complaint in U.S. District Court of Bangor to Block the Use of Ranked-Choice Voting in the 2020 General Election. They argue the System Disenfranchises Voters whose Ballots are Eliminated before the Final Round of Tabulation, and they have asked the Court to Declare Maine’s Law Unconstitutional and Prevent Ranked-Choice Voting from being Used in the November Election. “This case seeks to vindicate the constitutional rights of Mainers who will soon be denied full participation in the 2020 general election,” the Complaint States. The Maine Republican Party filed a Last-Minute Court Appeal this week, asking a Judge to Overturn the Decision of Secretary of State, Matt Dunlap, to Allow Ranked-Choice Voting in the November Presidential Election. The Party filed the Appeal just before Cumberland County Superior Court Closed for Business and on the Last day of a 10-day Window for Contesting Dunlap’s Action.

Michigan: Genesee Circuit Court Judge, Celeste D. Bell, has Ordered Flint Clerk, Inez Brown, to Carry-Out election Law related to Absentee Voting, including Clearing a Backlog of More than 1,000 Requests for Absentee Ballots within 72 hours of the Thursday Ruling. The Suit was brought by Voters and the American Civil Liberties Union of Michigan, which sought the Judicial Writ and Injunctive Relief as a “last resort to restore and protect” Voter Rights as the Aug. 4th Primary Election nears. Registered Voters in Flint were Unable to do Business with the Clerk’s Office In-Person until Monday, July 23rd, because it and the Rest of City Hall has been Closed because of the Coronavirus Pandemic. The Lawsuit claimed that some Voters who Requested Absentee Ballots weeks ago still had Not Received them. In Court Thursday, Bell called the Right-to-Vote “a vital constitutional right” and said “the absentee ballot, particularly in the time of COVID, is going to be very important to all citizens, certainly citizens in the city.” The Judge Ordered Brown to Process Absent Voter Ballot Applications within 24 hours once the current Backlog is Cleared and said the Clerk’s Office must Remain Open from 7 a.m. until 5 p.m., Monday through Saturday, for Distribution and Acceptance of Absent Voter Ballots and Applications, Distribution of Ballots, and Acceptance of Completed Absent Voter Ballots until Election Day on Aug. 4th. The City is also Required to File a Daily Summary with the Court, detailing the Number of Absent Voter Applications Received, the Number of Absent Voter Ballots Issued, the Number of Completed Ballots Received and the Number of Absent Voter Applications Rejected or Delayed Due to some Deficiency.

Minnesota: The Minnesota Voters Alliance and the Republican Party of Minnesota are asking the Court to Order Ramsey County to Ensure Election Judges who Review Absentee Ballots this fall Equally Represent both Major Political Parties. The Organizations filed a Legal Petition in Ramsey County District Court last week, writing in a Press Release that they are asking the County to follow State Law that Requires Ballot Boards be made up of Election Judges from Lists submitted by each Party. Instead, they say Ramsey County relies on County Staff who do Not Declare Party Affiliation to Perform the Job, said Andrew Cilek, Executive Director of the Minnesota Voters Alliance.

New Mexico: A New Mexico Libertarian Candidate for the State Court of Appeals is Suing New Mexico’s Secretary of State in Federal Court, Claiming His and Libertarian Voters’ Civil Rights were Violated in the Process of Tabulating Votes from the State’s Primary Election. The Lawsuit claims that the Candidate, who was a Write-In Candidate, received “well above the 230-vote threshold” to Move on to the State’s General Election. Even though the Candidate did Not face a Primary Opponent, State Law requires Write-In Candidates to Receive a certain Number of Votes to be Placed on the General Election Ballot. The Suit asks a Federal Judge to Stop Enforcement of a State Provision requiring Payment for a Recount and to Force a Recount.

New York: The State Board of Elections is urging a Federal Judge Not to Force a Recount of Absentee Ballots in the State’s June Primary Election and instead Unburden Election Officials to Focus on getting ready for the Fall Presidential Election. Two weeks ago, Two Democratic Candidates in New York’s 12th District Primary Election along with more than a Dozen Voters filed a Class Action Lawsuit in Federal Court in Manhattan accusing New York Governor, Andrew Cuomo (D) and the State’s Board of Elections of Allowing an “election snafu” during the State’s June 23rd Primary Election that could Potentially disenfranchise Thousands of Voters.

The New York Board of Elections, is made up of Two Democrats and Two Republicans. One Republican Retired and has Not been Replaced by the Governor and now Lacks the Ability of Voting on Any Issue.

Pennsylvania: Attorneys for Potter County have asked the U.S. District Court in Pittsburgh to Dismiss a Suit brought by, the Donald J. Trump Campaign, against the State and 67 Counties. The Potter County response, filed July 18th by its Solicitor, Thomas R. Shaffer, asks to be Dismissed from the Lawsuit for a Lack of any Factual Allegations involving the County’s Board of Elections. “Do the plaintiffs seek a declaration that Potter County should keep on doing what it is doing, or change what it is doing?” Shaffer asked in a Brief in Support of his Motion to Dismiss. “How could the court know what to declare as there are no facts whatsoever alleged as to what Potter County has done?” Meanwhile, Indiana County and Several Other Southwestern Pennsylvania have joined forces Against the Suit.

U. S. Attorney, William M. McSwain, said U.S. Congressman Michael “Ozzie” Myers, 77, of Philadelphia, has been Charged by Indictment with Multiple Counts, including: Conspiring to Violate Voting Rights by Fraudulently Stuffing the Ballot Boxes for Specific Democratic Candidates in the 2014, 2015, and 2016, Pennsylvania Primary Elections; Bribery of an Election Official; Falsification of Records; Voting more than Once in Federal Elections; and Obstruction of Justice.

Rhode Island: Voter Advocacy Groups have filed a Lawsuit in U.S. District Court seeking a Reprieve from Witness Requirements for People seeking to Vote-by-Mail Ballot, including Shut-Ins and Others trying hard to Avoid potential Exposure to COVID by Limiting In-Person Contacts. The Lawsuit asks the Court to Block, for this Election Cycle Only, the Requirement that Rhode Islanders seeking to Vote-by-Mail have Two Witnesses or a Notary Sign their Ballot Envelope. “Removing the witness and notary requirement in the midst of a deadly pandemic is a common-sense solution that protects people’s health and their right to vote,” said Steven Brown, Executive Director of the ACLU of Rhode Island. But the Rhode Island GOP Announced Plans to Intervene in the Case “to protect our Democracy,″ asserting “the ACLU’s lawsuit is not about protecting public health. It is about undermining the integrity of our election.” The Republican National Committee (RNC) has Filed a Request Requesting that both the National and State GOP be given Status as Defendants. On Tuesday, U.S. District Court Judge, Mary McElroy, Signaled her Intent to Waive Witness Requirements for Mail-Ballot Voting in Rhode Island during this COVID-themed Election year. She told the Lawyers on Both Sides that she Views the Waiver Agreement that the Advocacy Groups that brought the Lawsuit forged with the Secretary of State and the Rhode Island Board of Elections as “justified and lawful and fair. I am making that finding,″ said McElroy, Promising that a Written Order would Follow. She also Denied the Republicans’ Bid to formally Intervene in the Case. She also Denied their Lawyer Thomas McCarthy’s Request that she stay her Decision Pending an Appeal to a Higher Court.

Tennessee: A suit has been filed in Davidson County Chancery Court seeking a Temporary Injunction that would Bind the State to Allow People who have had their Rights Restored in other States to Regain their Rights in Tennessee as well. Ernest Falls, of Grainger County, is One of Two Plaintiffs named in the Suit over Felons’ Voting Rights. Tennessee Elections Officials won’t let him Register because of an Out-of-State Felony Conviction from the 1980s, even though Virginia Gov. Ralph Northam Granted him clemency in February, Court Documents show. But Tennessee Statute has Allowed Pathways for People with Felony Convictions to Restore their Voting Rights for Decades, meaning the Officials are Breaking State Law by Denying him, the Lawsuit Contends. Some who try to Register-to-Vote in Tennessee run into Roadblocks around the Felony Conviction Question. Some who filed by Paper had their Applications Rejected, Court Documents show. Others who tried to Register Online were Unable to Complete the Form after Checking the Box to Show they had a Felony Conviction. But the Reasons for their Rejection go against State Law, the Suit says.

Texas: Three Voters, the National Federation of the Blind of Texas, and the Coalition of Texans with Disabilities, have Filed a Federal Lawsuit against the State arguing that Texas’ Mail-In Ballot System Discriminates against Voters with Disabilities and Violates Provisions of the Americans with Disabilities Act and Rehabilitation Act of 1973, both which Prohibit Discrimination based on Disability. In Texas, Voters must Fill Out a Paper Mail-In Ballot, which Plaintiffs argue is Inaccessible to Voters with Disabilities and Requires Assistance that may Not be Feasible to Coordinate Safely amid the Pandemic. The Lawsuit seeks for Texas Secretary of State, Ruth Hughs, to Overhaul the State’s Mail-In Ballot Request System by Establishing a Remote and Accessible One across Counties for Future Elections. A Spokesman for the Secretary of State’s Office declined to Comment.

Virginia: Five State Residents, Members of the National Federation of the Blind of Virginia, and the American Council of the Blind of Virginia, is Suing Virginia Over its Absentee Voting Rules in Advance of the November Election. In their Lawsuit, the Plaintiffs say that they are Unable to Independently Mark a Paper Ballot due to their Disabilities, including Blindness, and that Violates the Americans with Disabilities Act. “The (state’s absentee voting system) provides no alternatives to accommodate individuals with print disabilities to enable them to vote privately and independently,” the Lawsuit Claims. “As a result, individuals with print disabilities must choose between their health and their right to vote because they are forced to go to their local electoral board or polling place to privately and independently mark their ballots.”










NYC Wins When Everyone Can Vote! Michael H. Drucker