Legislative Updates
Arizona: The House Government and Elections Committee passed a measure that would raise the margins that spark election recounts. Under current law, the threshold sparking a recount is one-tenth of one percent. The measure proposed by Republican Sen. Michelle Ugenti-Rita raises the margin for primary and general elections to one-half of a percent. The proposal gained the support of Democrats, who have blocked many election reform bills introduced. The bill excludes elections for school district governing boards, fire district boards and other special districts. The measure now goes to the House Rules Committee.
California: The California Legislature advanced a bill that would add some election workers to the state’s Safe at Home program, which allows some people to keep their physical addresses secret. The program was originally designed to protect domestic violence victims, but has since been expanded to include people who work at abortion clinics and their patients. The bill, which cleared a legislative committee in the Assembly on Monday, would let some election workers and their immediate family members apply to the secretary of state to use a substitute address in the voter file instead of their home address. The bill would apply to election workers who either interact with the public or are observed by the public, including poll workers and ballot counters.
In an effort to boost voter confidence in the county-level process, the Riverside County Board of Supervisors advanced a proposal Tuesday to establish an election advisory committee, despite concerns raised by a county GOP official about its potential partisan breakdown. The committee, which was first proposed by First District Supervisor Kevin Jeffries in early 2020, will offer recommendations to the supervisors, the county’s Executive Office, and the county Registrar of Voters on how to improve the county’s electoral process. The adopted proposal will establish a seven-member panel consisting of a chairperson approved by the board of supervisors, as well as a representative from the Riverside County Democratic Party, another from the Riverside County Republican Party and one from a third party. The committee also would include a representative from the League of Women Voters of Riverside and another from a local Latino community organization, as well as one non-voting member from the executive office. Committee members will be appointed to a two-year term and allowed.
Colorado: Governor Jared Polis has put his signature on HB22-1086, which will prohibit a person from openly carrying a firearm within 100 feet of a polling location. Known as the “Vote Without Fear Act”, the bill was sponsored by Senators Rhonda Fields (D-Aurora) and Sonya Jaquez-Lewis (D-Boulder County). The new law prohibits a person from openly carrying a firearm within 100 feet of any drop box, voter service and polling center (VSPC), or central counting facility while an election or any related ongoing election administration activity is in progress. Its purpose; to ensure Coloradans can continue to cast their ballot without fear of intimidation. “Participating in democracy should never be a scary experience. Every voter deserves to feel safe when exercising their sacred right to vote,” said Sen. Jaquez Lewis. “I’m proud to support legislation that further strengthens our elections by ensuring Coloradans can make their voices heard without fear of intimidation.”
Connecticut: A bill that would allow out-of-town commuters and caretakers of the disabled or chronically ill to vote by absentee ballot won final legislative passage Wednesday on a 30-4 vote in the Senate. The measure stops short of allowing no-excuse absentee voting, a step that would require passage of a referendum amending the Connecticut Constitution — something that cannot happen before the 2024 election. Instead, it amends statutory language that is more restrictive than the standard set in the constitution, which disenfranchises voters in some circumstances. The constitution empowers the General Assembly to allow absentee voting by anyone “unable to appear at the polling place on the day of election because of absence from the city or town of which they are inhabitants or because of sickness, or physical disability or … the tenets of their religion.” But state law is more restrictive, defining sickness as a voter’s illness and requiring commuters to be out of town for all hours of balloting, 6 a.m. to 8 p.m. Passage in the House came last week on a 126-16 vote, with every Democrat and a majority of Republicans in support. A constitutional amendment that would allow early voting at the polls will be on the ballot in November. A resolution authorizing a referendum on another proposed amendment allowing no-excuse absentee voting passed last year but fell short of the super majority necessary to place it on the 2022 ballot. If it is endorsed again by a simple majority of the 2023 legislature, it will go on the 2024 ballot.
Delaware: Representative Bryan Shupe is announcing two bills he’ll be introducing in the House. House Bills 361 and 362 would eliminate the required reasons for absentee voting. This means that anyone can vote via absentee ballot. “I think that the more people that you can get out to vote and voice their opinion, the better the government that you have, the more responsive government that you will have, as well,” said Rep. Shupe. The bills would also help make the absentee ballot process more secure, according to Rep. Shupe. Voters would be required to identify themselves with a Delaware ID, drivers license, or social security number. “The Department of Elections will check those numbers, and they will call you or reach out to you to verify that information before the vote is counted,” said Rep. Shupe. Changes could also be coming to how legislators alter election law, if the bills pass. Rep. Shupe says under the bills, a two thirds majority vote would be required across two consecutive sessions, instead of a simple majority vote. “We would like for any new election laws to have to go through a two thirds vote, and not just be a simple majority vote that possibly could change with a political party,” he said.
Georgia: The Senate Ethics Committee voted unanimously to remove every contentious proposal from a broad elections bill, discarding plans for GBI fraud investigations, paper ballot inspections and funding limitations. The committee scrapped much of the bill after hearing testimony Monday from several county election officials who opposed strict ballot handling rules and restrictions on outside donations from nonprofit organizations. One elections supervisor called its requirements little more than “security theater.” Senators shrank the 39-page bill to a two-page measure Tuesday, leaving only a requirement that businesses give workers up to two hours off to vote either on election day or during three weeks of early voting. Under current law, workers are only entitled to time off to vote on election day. County election officials said legislators responded to the public’s concerns after Monday’s three-hour hearing. “We demand that the full Senate and House accept this bill as amended and not make any additional changes,” 11 Democratic county election board members from across Georgia said in a statement Tuesday. “This is a clear example of the progress that can be made when legislators listen to and take recommendations from local election officials.”
Kansas: A bill approved last week by the Kansas Senate would limit drop boxes in all but the largest areas of the state to one per county and add new security measures for surveillance. It would also end a three-day grace period for mail ballots to arrive after Election Day, requiring ballots be received by 7 p.m. on election night. The Senate approved the measure by a narrow 21 to 17 vote, sending it to the Kansas House for further vetting. Six Republican senators opposed the measure. The bill would change that, limiting the 20 largest counties to one drop box per 30,000 residents and perhaps more notably limit any counties with fewer than 30,000 registered voters to just one remote box. The boxes must be in a government building or be manned by poll agents. Efforts to end the three-day grace period have popped up in the Legislature in the past but none have succeeded in passing through the Legislature. Supporters said this was necessary because changing voting tallies after election night would hinder trust in elections.
Maine: The Maine House of Representatives gave unanimous approval to a bill that will strengthen protections for election officials. The bill to strengthen protections for election workers passed in the house Tuesday will make threatening an election worker a class D crime. Secretary of State Shenna bellows says she wants clerks to feel safe when they are at the polls “What we have seen in the last two years is an increase in attacks and threats against election workers across the country, and unfortunately people who believe those lies then act on fears and misinformation,” said Bellows. She said last year the Secretary’s office received two threats of physical violence against municipal clerks. “In conversation with clerks, they are just thrilled to see this bipartisan support from democrats and republicans alike for the work that they do,” said Bellows. In response to the bill, the Secretary of State’s office will provide de-escalation training to city and town clerks. A new reporting procedure will be put in place if any threats are made to election workers.
During a joint session of the Maine Legislature the Senate also tabled a bill that would have allowed municipalities to implement ranked-choice voting in local elections, which the House of Representatives debated and advanced during its March 22 session.
Mississippi: According to Mississippi Today, Senate Judiciary B Chair Joey Fillingane, R-Sumrall, said he will decide early this week whether to take up nine House bills restoring voting rights to people convicted of felonies. Fillingane said it is probable that at least some of the suffrage bills will be taken up in his Judiciary B Committee with the intent to send them to the full Senate chamber for consideration. “We’re looking at them now,” said Fillingane. House Judiciary B Chair Nick Bain, R-Corinth offered legislation this session to clarify that people who have their felony conviction expunged through the legal process should also regain the right to vote. He said in some jurisdictions the right to vote is restored with the expungement but in others it is not. It appeared that the legislation clarifying the expungement process had died in the Senate, but Bain was able to revive the bill later in the process, It is now part of a bill providing pay raises to district attorneys and judges.
New Jersey: Assembly Speaker Craig Coughlin wants election officials to let the public know how many ballots they’ve yet to count. A bill introduced by the Middlesex County Democrat would require county election boards to coordinate with county clerks to post online the number of ballots received, along with the number they’ve counted and the number they’ve yet to tally. The speaker’s bill would require the number of uncounted ballots to go up when polls close and be updated in real time as counts continue. The figures would be split by ballot type, meaning uncounted mail-in ballots would be shown separately from uncounted provisional, early, and machine votes. It would also require boards to send those numbers to the New Jersey secretary of state, who would have to post them in an easy-to-access online location. A provision of the bill would bar voters from changing party affiliation when updating their voter registration with the Motor Vehicle Commission.
A proposal to allow New Jerseyans to register to vote and cast ballots on Election Day is back in legislative limbo because of opposition from the state’s most powerful legislator. Senate President Nicholas Scutari (D-Union) came out against the proposal last week, voicing concerns about its impact on campaigns, already strained election workers, and public confidence in the state’s voting systems. “Someone’s got to convince me why people have the sacred right to vote and they can’t decide to do it until that day. With all the concern about voting, I haven’t been convinced,” he said during a press gaggle, adding he was open to changing his mind. Under existing law, residents must be registered 21 days before a given election to be eligible to vote. The current version of the bill would largely cut that to eight days while allowing residents to register and cast ballots on Election Day. It would also permit them to register at their county clerk’s office until 3 p.m. the day before the election. Drafted amendments the Senate State Government Committee planned to adopt at an early March hearing before the bill was pulled would have kept the 21-day deadline intact while removing the option to register at clerks’ offices. Those amendments would also allow voters to register and cast ballots at the state’s early voting sites.
Gov. Phil Murphy signed A-208, which increases the compensation of election workers from $200 to $300 per day. The bipartisan bill also appropriates $7 million to the Department of State to power the effort. According to the governor’s office, election workers are currently paid $200 per day for primary elections, general elections or special elections. The state reimburses $125 of the payment to election workers, while the counties account for the rest. Under the new law, the state’s reimbursement increases to $225 while keeping counties’ sum at $75. The new law also increases the maximum hourly rate for election workers serving at a school election held at a time other than the general election, from $14.29 to $21.43 per hour, which is commensurate with the $300 daily rate for election workers.
Vermont: It’s back to the drawing board for an effort to overhaul presidential primary elections in Vermont. A plan to introduce ranked-choice voting is out, at least for this year. Ranked-choice voting, also known as instant-runoff voting, is a system that lets voters rank their candidates in order of preference. It has been used in several states and cities, including in Burlington before it was dropped in 2010. While a charter change to reinstate it in the Queen City is moving along, a proposal to apply it to presidential elections has been put on hold. A bill this session would have extended ranked-choice voting to presidential primary elections. “We’re seeing now routinely 10, 12, 17 candidates running and without some kind of a ranked-ballot process, you can have someone winning who is not the choice of most voters,” said Sen. Chris Pearson, D/P-Chittenden County. So supporters engaged in a media blitz to raise awareness. You may have seen them on TV from the Vermont Public Interest Research Group, including on Channel 3. But the bill has since stalled in the Senate Government Operations Committee, in part because of the time it would take to set it up. Pandemic logistics of Town Meeting Day, the reapportionment process, distributing new tabulators and printing ballots all take time and resources.
West Virginia: This week, Gov. Jim Justice signed into law HB 4438 expanding the state’s prohibition against voting machines connecting to the internet. Secretary of State Mac Warner, who initially requested the legislation, thanked the Senate, House of Delegates and governor for their unanimous approval of the proposal in a bipartisan fashion. According to Warner, all current voting machines used in the state’s 55 counties do not connect to the internet. Warner said he requested the legislation to update a law that did not take into consideration new types of machines and technology. “This legislation increases security for West Virginia elections by ensuring that no voting machine in any county will ever be permitted to connect to the internet,” Warner said. “This is yet another layer of security that builds voter confidence in the integrity and outcomes of our elections.”
Legal Updates
Arkansas: Pulaski County Circuit Judge Wendell Griffen denied Republican Attorney General Leslie Rutledge’s motion for a stay of his permanent injunction earlier this month against the laws the Legislature approved last year. Rutledge had asked for the stay while she appealed Griffen’s injunction. The measures struck down include a change to the state’s voter ID law that removed the option for voters to sign an affidavit affirming their identities if they could not present photo identification at the polls. The other blocked measures prevent anyone other than voters from being within 100 feet of a polling place, require an absentee voter’s signature on a ballot to match the signature on their voter registration application and move up the deadline for voters to return absentee ballots in person.
New Hampshire: Courts have authorized the N.H. Attorney General’s Office to examine election materials from two municipalities where some votes from the 2020 general election went uncounted. In Laconia, a court is permitting the state to open a sealed envelope containing an unknown number of ballots that were cast but apparently not tallied in several elections, including the 2020 general election, a lawyer with the Attorney General’s Office said in an email Monday. And in a case out of Bedford, the office got court permission to open and tally the number of absentee ballots that were not counted in the same general election. Myles Matteson, the deputy general counsel for the N.H. Attorney General’s Office, said Laconia officials put the ballots found in that city in an envelope after finding them in a side compartment of a ballot box used for the city’s Ward 6. The discovery was made as they got ready for the Nov. 2, 2021, municipal election, he said. Matteson and N.H. Secretary of State David Scanlan say they don’t know how many ballots are involved in the Laconia incident. But there’s been no allegation that the misdirected ballots would have contained enough votes to swing any election. Matteson said his office was notified of the matter on Dec. 6, but didn’t say by whom. Also on March 15, Matteson filed a petition with Hillsborough North Superior Court, to count absentee ballots not tallied in the November 2020 general election in Bedford. The public session to open these ballots has also not been scheduled yet. “The purpose of the tally is to verify that the number of ballots — and the names on the affidavit envelopes — match the list created by Bedford election officials, to ensure that all voters whose ballots were not counted were properly notified,” he said in an emailed explanation of the court filing.
New Mexico: A New Mexican, along with a nonprofit are suing the Attorney General and Secretary of State claiming their first amendment rights are being violated by state law not allowing them to publish voter data on their websites. Holly Steinberg says she wants to use voter data collected by the Voter Reference Foundation to “increase voter participation while protecting election integrity.” But under state law, voter data can only be used for government or election purposes. Violating this law is a fourth-degree felony and is punishable with a $100 fine for every line of voter information unlawfully used and up to 18 months behind bars. Steinberg and the Voter Reference Foundation claim the statute is unconstitutional. The lawsuit seeks to overturn it.
North Carolina: State legislative leaders want the N.C. Court of Appeals to block a ruling that could add 56,000 felons to the state’s voting rolls. A trial court issued the ruling Monday. It would open up voting to felons on parole, probation, or other post-release supervision. “This is an unrivaled attempt by judges to legislate from the bench,” said Sen. Warren Daniel, R-Burke, in a news release. “Piece-by-piece the courts are chipping away at the legislature’s constitutional duty to set election policy in this state and seizing that authority for themselves.” Lawmakers are seeking an emergency stay of the trial court’s order pending appeal. In a 2-1 decision, a panel of Superior Court judges struck down a 1973 state law. The law spells out the process for felons to regain voting rights once they complete their sentences.
Pennsylvania: The remnants of a federal lawsuit by Republicans challenging Pennsylvania’s new congressional districts were dropped this week, three weeks after the U.S. Supreme Court declined to intervene and stop the plan. The case remained alive after the justices declined to prevent the 17-district map approved by the Pennsylvania Supreme Court from being used in this year’s elections. But last week a three-person panel of federal judges in Pennsylvania pared the case back, leaving only a question about whether population variations of one or two residents out of hundreds of thousands met federal standards. The plaintiffs’ lawyers filed a one-sentence motion of voluntary dismissal of what remained of the case.
Texas: U.S. District Judge Charles R. Eskridge ruled that Waller County did not discriminate against student voters at Prairie View A&M University during the 2018 general election when it granted them fewer days and hours for early voting, the latest chapter in a history of voting rights struggles in the southeast Texas county. In a 128-page ruling and summary of the case, Eskridge said there wasn’t evidence to “establish a concern” over the lack of any early voting location on campus or in the city of Prairie View during the first week of early voting that year. The county commissioners court, Eskridge found, allocated early voting locations and hours on an “objective and reasonable basis” that did not run afoul of the federal Voting Rights Act or the U.S. Constitution. The case dates to 2018.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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