Legislative Updates
California: California Gov. Gavin Newsom Signed an Executive Order that Extends the Deadline for County Elections Officials to Count and Verify Signatures Submitted for Initiative Petitions seeking to Qualify for the November 2022 Ballot, giving the Elections Officials needed Flexibility to Focus on Preparations for the General Election this November. The Order Extends the Deadline to Jan. 15th, 2021.
Guam: Lawmakers Thursday afternoon Voted 12-3 to Cancel Saturday’s Primary Election after the Guam Election Commission, which isn’t Confident it can Conduct a Safe Election during the Pandemic, asked that it be Canceled or at least Postponed. Speaker Tina Muña-Barnes’ Bill 391, if Signed into Law, would Cancel the Primary Election and allow All Candidates to Advance to the Nov. 3rd General Election. The Attorney General, on Thursday, issued an Opinion, stating Lawmakers have the Authority to Cancel the Primary Election. Sen. Mary Torres noted Lawmakers have Canceled Primaries before, in 1994 and 2006.
Idaho: Idaho’s General Assembly met in a Special Session this week to consider Legislation around the Coronavirus Pandemic including Elections-related Bills. The Senate Approved SB1002 that would have Allowed Counties to, just for November 2020, use Vote Centers. But the House State Affairs Committee Killed the Bill on 10-5 Vote citing Security Concerns. By a 68-1 Vote the House Approved a Resolution calling on Governor to use CARES Act Funding to provide Extra Stipends for Poll Workers. Under S 1001a, Clerks would get 15 Extra Days to Send Absentee Ballots as well as more Time to Count the Ballots once they are Returned.
New York: Gov. Andrew Cuomo has Signed an Executive Order Requiring the following: Send a Mailing Outlining All Deadlines for Voters by Tuesday, September 8th; Send Staffing Plans and needs to the New York State Board of Elections by September 20th so BOE can Assist in ensuring Adequate Coverage; Adopt a Uniform Clarified Envelope for Absentee Ballots and Require Counties to use it; Count Votes Faster: Require All Objections to be made by the County Board in Real Time, make sure that Boards are Ready to Count Votes and Reconcile Affidavit and Absentee Ballots by 48 hours after Elections; and Provide an Option for New Yorkers to Vote Absentee in Village, Town, and Special District Elections.
Ohio: State Lawmakers on the Controlling Board have asked for Additional Time to Study Secretary of State, Frank LaRose’s Proposal, to provide Postage for Mail Ballots. It would Cost up to $3 Million. John Fortney, a Spokesman for Senate President, Larry Obhof, a Medina Republican, said Monday their concerns include whether the Plan would be carried out Equally in All 88 Counties. “I think the lawmakers want to have a broader, more in-depth conversation about how that program will be applied,” Fortney said.
Pennsylvania: Leaders of the Pennsylvania State Senate’s Republican Majority offered an Election Aid Proposal Monday that would, among other things, Reset Deadlines for Voters to Request a Mail-in Ballot to 15 days before Election Day, but also give said Voters more Options, including Drop-Off Sites at Polling Places to return them. The Bill, offered by Senate President Pro Tempore, Joe Scarnati (R-Jefferson County), and Majority Leader Jake Corman (R-Centre County), is Not Agreed to by House Leaders or Democratic Gov. Tom Wolf’s Administration. But there is a generally Shared Goal among All Three Parties to try to Complete Updates to the Current Law that will Expedite Accurate Vote Counting in the upcoming Presidential Election in which Pennsylvania’s 20 Electoral College Votes could prove Decisive.
Tennessee: Gov. Bill Lee (R) Signed Legislation into Law this week that could put Protestors in Jail and Deny them their Voting Rights. The New Law, which went into effect Immediately, makes it a Felony to Camp-Out on State Property such as the Capitol Grounds. Activists who have Demonstrated for Months outside the State Capitol against Racial Injustice, could now face Felony Charges Punishable by up to Six years in Prison. Convicted Felons are Automatically stripped of their Voting Rights in Tennessee. Although there was No Ceremony for the Signing, Lee said “We saw lawlessness that needed to be addressed immediately. And that was done so.” Advocates vocally Opposed the New Law. “To criminalize protest activity and disenfranchise voters on top of it defies principles that lie at the heart of our Constitution,” Kristen Clarke, President of the Lawyers’ Committee for Civil Rights Under Law said. “It’s pouring fuel on the fire when communities are seeking justice, change and reform.”
Utah: The Legislature has Approved a Bill that Requires Counties to hold In-Person-Voting this November, which could include Outdoor Polling Locations. The Bill requires the Lieutenant Governor to Conduct a Publicity Campaign to Inform Voters about Changes made by the Bill and encourage them to Vote-by-Mail. Senators Removed a Section of the Legislation that would have given the Lieutenant Governor the Ability to Eliminate In-Person-Voting to Protect Public Health. That Decision now rests with the Counties. Sen. Jani Iwamoto (D-Salt Lake City), tried Unsuccessfully to Allow Counties to Send-Out Mail-in-Ballots One week Earlier than usual. Currently, Counties Can’t Send-Out Ballots until Three Weeks before the Election. But Senators Voted Down that Suggestion, arguing Changing Deadlines this Late in the Election Cycle would be Unfair to Candidates. The Bill Expires in January 2021 and would likely Only apply to the November Election. It now Heads to the Governor’s Desk.
Virginia: The Virginia General Assembly is moving forward with a Plan to Provide Prepaid Postage to Absentee Voters and Authorize Ballot Drop-Off Boxes to reassure Voters they won’t have to cast their Vote In Person during a Pandemic or gamble on Uncertain Mail Delivery. The House and Senate Budget-Writing Committees backed Legislation that would spend $2 Million on Postage and require Registrars to set up Drop-Off Boxes for the November Election. Gov. Ralph Northam is Backing this Initiative. “No one should have to risk his or her life in order to exercise their franchise,” said Sen. Janet Howell (D-Fairfax), the Patron of One of the Bills, Senate Bill 5120, and Chairwoman of the Senate Finance Committee.
Legal Updates
Florida: Elections Supervisors in the Eight Counties have been Fighting a Lawsuit that contends that Digital Images generated when Paper Ballots are Scanned into Voting Machines Must be Maintained as Public Records. The Counties have asserted that Paper Ballots are the Actual Record, not the Images that are briefly Created when the Paper Ballots are Scanned into the Machines. In a Deal that would Delay a Legal Battle until after November’s General Election the Supervisors have Agreed to Preserve Records of Digital Ballot Images in Case they’re Needed to Confirm the Results of the 2020 Presidential Race if there’s a Recount. In an Agreement filed late Monday in Leon County Circuit Court, the Two Sides Agreed to defer the Continuation of the Lawsuit until After the November General Election, with the Stipulation that the Counties would Save the Images if a Machine Recount is Ordered for the Presidential Race.
Indiana: U.S. District Court Judge, James Patrick Hanlon, Declined to Order Indiana to Allow No-Excuse Mail-in-Voting for the Nov. 3rd General Election. Indiana Vote By Mail Inc. and a Group of Voters Requested a Preliminary Injunction that would Force the Expansion of Mail-in-Voting amid the Coronavirus Pandemic. They Claimed Restricting who can Vote-by-Mail is a Violation of Voters’ Constitutional Rights. In a Ruling filed Friday, Hanlon said that Plaintiffs did Not show the “likelihood of success in showing that the policy is unconstitutional. Some states have chosen ‘no-excuse’ voting by mail for all. Indiana has decided otherwise. The question here, however, is not whether the policy is wise, but whether it is unconstitutional.” Hanlon wrote in the Order.
Massachusetts: In a Decision authored by Justice Scott Kafker, the Massachusetts Supreme Judicial Court Denied a Petition that would have Allowed Mail-in-Ballots that were Postmarked by Sept. 1st but didn’t Arrive until after the State Primary to be Counted up to Sept. 11th. Attorneys representing Grossman argued Disruptions at the U.S. Postal Service Prevented Vote-by-Mail Applicants who met the State’s Deadlines from getting their Mail-in-Ballots Counted in time, effectively Disenfranchising them in a State Election. The Supreme Judicial Court, however, sided with the Secretary of the Commonwealth’s Office, whose Attorneys argued Voters still had a “menu of options” because of the Historic Vote-by-Mail Law enacted in July, including Voting In-Person if they worried their Mail-In Ballots would Not be Counted. “The new law does not significantly interfere with the constitutional right to vote in the September 1 primary election,” Kafker wrote, Rejecting the Petition for a 10-day Extension. “Rather, the legislation enhances the right to vote in the primary, as well as the general, election, by providing multiple means of voting, including options to vote by mail that previously never existed.” The Judges Acknowledged the Vote-by-Mail Law is Not perfect, noting the Deadline for Requesting and Returning a Ballot may be “too close to the due date to encourage this option.” But it was a Response to an Unprecedented Global Public Health Crisis, the Court’s Ruling said.
Michigan: The Election Integrity Fund and One Nation have filed a State-Level Lawsuit against Secretary of State Jocelyn Benson. They Accuse Benson of Not following State Election Laws through Expanding Voting by Absentee Ballot. “This effort is not against responsible behavior, but it is for the constitutional lawmaking process,” Attorney Phill Kline said. “A process that is transparent and invites all Americans to the table. This contrasts directly with one person making decisions behind closed doors, which thereby disenfranchises Michigan citizens and their elected legislature.”
Activist Robert Davis has filed a New Lawsuit asking the Courts to Require Michigan Secretary of State, Jocelyn Benson’s Office, to Provide Training for Detroit Election Workers after Widespread Problems Tracking Ballots in the City’s Primary. Filed this week, the Lawsuit by Davis, Detroit Resident Brenda Hill, and Republican Wayne County Prosecutor hopeful Shane Anders says State Law Requires Michigan’s Elections Director to Conduct a Training Session for Detroit City Clerk, Janice Winfrey, and Election Inspectors who Plan to work the Nov. 3rd Election. The Michigan Court of Appeals has Granted a Motion for Immediate Consideration in the Lawsuit.
Judge, Cynthia Diane Stephen, of the Michigan Court of Claims, has Ruled that Secretary of State, Jocelyn Benson, has the Power to Mail 7.7 Million Registered Voters Absentee Ballot Applications. Stephen Dismissed Three Consolidated Lawsuits against Benson Claiming she Acted Outside the Power given to her by Michigan Law when Mailing Absentee Ballot Requests ahead of the August and November Elections. The Court of Claims Denied Plaintiffs’ Request for a Preliminary Injunction, which would have Stopped the Mailing, in June. Stephens noted Benson is the State’s Chief Election Officer and can Outrank “local election officials over whom she has supervisory control.” Stephens wrote the Plaintiffs’ Lawsuit was Unpersuasive and that Benson provided Direction for Conducting “an election during an unprecedented global pandemic involving a highly contagious respiratory virus.”
North Dakota: In an Online Hearing, the North Dakota Supreme Court heard Arguments in the Dispute over a Controversial Election Reform Measure slated to appear on November’s Ballot. When Measure 3 was Approved for the General Election Ballot by Secretary of State, Al Jaeger, earlier this month, it drew a Legal Challenge almost immediately. In a Last-Ditch attempt to Bar the Measure from Appearing before Voters, the Conservative Group Brighter Future Alliance argued Fargo-based North Dakota Voters First used Illegal Tactics during their Petitioning Process. While Brighter Future Alliance’s Suit is Directed at Jaeger, Emails in the Group’s Case Filings revealed a similar Bias against the Measure by the Secretary of State. In One Message to an Oil Industry Lawyer, Jaeger said he was “very much opposed” to the Measure 3 Petition and that he was “in a tough spot to speak out” about it because of his Role as the Umpire of November’s Election. During the Hearing, Justices probed Nuances of the Dyer case to Establish whether its Century-old Precedent could apply to the Present situation. Brighter Future Alliance’s Attorney David Asp argued that Dyer established a “clear rule” that “people have a right to see the language that they’re going to put into the constitution,” otherwise they “don’t know what they’re agreeing to put on the constitution or agreeing to vote for.” Lawyers from the Attorney General’s Office Representing Jaeger argued the Secretary of State correctly carried out a “ministerial duty” by Approving the Measure after it Reached the Signature Cut-Off during the Petitioning Process.
Oklahoma: U.S. District Judge, John Dowdell, heard Testimony this week in a Lawsuit arguing that Requiring Mail Ballots be Notarized during the Pandemic Disenfranchises Voters. The Plaintiffs are seeking to Throw-Out a State Law that Requires Absentee Ballots to be Notarized as well as other Requirements to Cast a Ballot by Mail, claiming they are Unconstitutional because they Pose an Undue Burden on the Right-to-Vote. Meanwhile, Attorneys for the State argued during the Daylong Hearing that the Two Groups did Not have Standing to bring the Lawsuit and that the State’s Ballot Verification Rules are Necessary to Prevent Voter Fraud. The Oklahoma Democratic Party and the Democratic Congressional Campaign Committee filed the Lawsuit in May, in Tulsa Federal Court. It seeks in part to have Dowdell Declare that Notarization, Witness, and Photo Identification Requirements to Cast a Mailed-in-Ballot, in Oklahoma, “impose undue burdens on the right to vote in violation of the First and Fourteenth Amendments.”
Tennessee: Davidson County Chancellor, Ellen Hobbs Lyle, Issued a New Order in the Ongoing Legal Battle over the State’s Voting Access during the Pandemic. In the Order, Hobbs Lyle Mandates next Steps for Elections Officials and called out the State for Continued Lack-of-Adherence to Court Instructions. Under her Order, the Tennessee Secretary of State must Update its Absentee Ballot Application Forms to Clarify how Voters with Special Vulnerability to COVID-19, and their Caretakers, can Request Mail-in-Ballots. “‘Because the Defendant State Officials’ concession was a complete reversal of what they had previously told voters, new information has to now be provided,” Lyle wrote. Under her Order, the State and Local Election Administrators are Required to Include the Following Options on Absentee Voter Applications: “I am hospitalized, ill or physically disabled and unable to appear at my polling place to vote (this includes persons who have underlying medical or health conditions which in their determination render them more susceptible to contracting COVID-19 or at greater risk should they contract it) or I am a caretaker of a hospitalized, ill or physically disabled person (this includes caretakers for persons who have underlying medical or health conditions which in their determination render them more susceptible to contracting COVID-19 or at greater risk should they contract it).”
Texas: Conservative Leaders and Two Republican Candidates have filed Suit to Block Gov. Greg Abbott’s Order that added Six days of Early Voting for the November Election as a Pandemic-inspired Safety Measure. The Extension, they argued, must be Struck Down as a Violation of the Texas Constitution and State Law. “This draconian order is contrary to the Texas spirit and invades the liberties the people of Texas protected in the constitution,” the Lawsuit argued. “If the courts allow this invasion of liberty, today’s circumstances will set a precedent for the future, forever weakening the protections Texans sacrificed to protect.” The latest Lawsuit, filed in Travis County State District Court, was Joined by Republican Candidates Bryan Slaton, running for the Texas House and Sharon Hemphill, a Candidate for District Judge in Harris County. In late July, when Abbott Extended the Early Voting Period for the Nov. 3rd Election, he said he wanted to give Texas Voters Greater Flexibility to Cast Ballots and Protect themselves and Others from COVID-19.
Virginia: Judge Norman K. Moon has Approved a Consent Decree negotiated by the Attorney General’s Office that “…will promote public health and participation in elections by encouraging safe absentee voting by mail in the November election.” Under the Terms of the Approved Consent Decree, the Commonwealth will Accept Absentee Ballots Without the Signature of a Witness “for voters who believe they may not safely have a witness present while completing their ballot.” In Approving the Agreement, Moon found that “The same reasons that motivated the Court to approve the parties’ previous consent decree carry even more force today, as the pandemic has resurged.” Attorney General Herring previously reached an Agreement, also Approved by Moon, to Promote Safe Voting-by-Mail for the June 23rd Primaries by Allowing for the Acceptance of Absentee Ballots Without a Witness Signature “for voters who believe they may not safely have a witness present while completing their ballot.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment