Electionline Weekly April-18-2024

Legislative Update

Arizona: Gov. Katie Hobbs (D) has vetoed several election bills. On April 10, Hobbs vetoed bills passed by the GOP-controlled legislature that would ban those convicted of ballot abuse from holding elected office and prevent county recorders from providing voter registration cards to most of those whose mailing addresses are outside of the state. She also vetoed a bill that would have required political parties that opt to conduct their own presidential primary election instead of participating in the publicly administered one to provide accommodations to allow disabled voters and overseas military personnel to participate. Hobbs also described the bill to limit mailing of voter registration cards, House Bill 2404, as unnecessary, writing in her veto letter that state law and the Elections Procedure Manual, which carries the force of law, “already outline the process when a voter provides a new residential address that is located outside the state.”

Minnesota: The Office of the Secretary of State is expected to receive about two-thirds of supplemental funding allocated for elections functions. Much of that would tie into a policy provision that would let cities, counties and school districts use ranked choice voting for local offices within the political subdivision. With a supplemental spending target of $500,000 in fiscal year 2025, HF4411, as amended, would provide $209,000 for ranked choice voting purposes. Approved by the House Elections Finance and Policy Committee on a split-voice vote, the bill’s next stop is the House Ways and Means Committee. The secretary of state’s office would also receive an additional $127,000 for the voting operations, technology, and election resources account that assists local governments with certain election-related expenses. Other financial provisions would transfer $144,000 from the General Fund to the Voting Rights Act cost sharing account in the special revenue fund — money that could be used by local governments if the “Minnesota Voting Rights Act” becomes law — and $20,000 from the General Fund would go to the Campaign Finance and Public Disclosure Board to standardize local election reporting requirements created in the bill. The latter comes from HF3645, sponsored by Rep. Nathan Coulter (DFL-Bloomington).

Nebraska: Lawmakers passed a bill April 11 to restore the voting rights of those convicted of felonies upon the completion of their sentences, including prison and parole time. The bill, introduced for years by Omaha state Sen. Justin Wayne, passed by a wide margin in the last year of Wayne’s second term. He is barred by term limits from running this year for a third term. Currently, a person who has been convicted of a felony must wait two years after completing all the terms of their conviction before regaining voting rights. Wayne’s measure eliminates that waiting period, established in 2005 by the Legislature. Prior to the waiting period, a person convicted of a felony lost their right to vote indefinitely. The passage of the bill “means everything for the thousands of people who have not been full participants in society,” said TJ King, a Lincoln, Nebraska-based outreach specialist with the Nebraska AIDS Project who was unable to vote in the 2022 general election after coming off probation for drug and theft convictions three months earlier. King said the bill’s passage is the final layer in his ability to be civically engaged and “have a full voice and complete connection to the community.” Republican Gov. Jim Pillen’s office did not immediately respond to messages by The Associated Press asking whether he would sign the bill into law.

Jersey City, New Jersey: With a 7-0 vote the city council approved a measure to implement ranked choice voting. Before the new law can take effect, however, the state legislature will have to pass bills known as S1622/A4042 to authorize municipalities’ use of RCV (ranked choice voting). And then, the city would have to ask voters in a binding referendum “to be held at the first general election in November following the enactment of state legislation,” whether they wanted to amend the city’s charter to accommodate the proposed method for helping decide elections. As described by the newly-passed city ordinance, RCV “is a simple upgrade to the way Jersey City voters currently vote. RCV enables voters to rank candidates in the order of preference and ensures that winners of any election have the support of – and are accountable to – a majority of voters.”

Ohio: State Rep. Gary Click, R-Vickery, has introduced a bill that would make it easier to transfer registrations between counties, by encouraging voters to list their previous address when they register. In a committee hearing to introduce his bill, Click described it as “a common sense piece of legislation designed to streamline the integrity of Ohio’s voter rolls through a citizen-initiated process.” Right now, if an Ohio resident moves to another county and updates their voter registration, they’re supposed to fill out a separate form to cancel their previous registration. The thing is that almost never happens. By extending the voter registration form to include past addresses, Click’s measure allows voters to kill two birds with one stone and get the ball rolling immediately on updating voter files. “Although the voter registration rolls are periodically reviewed for the purpose of flagging duplicate, inactive or deceased voters,” Click said, “HB 457 will streamline the process, saving time and money while improving accuracy.” In his testimony, Click noted he got input on the legislation from the Ohio Secretary of State’s office and the Ohio Association of Election Officials. In a statement, Nazek Hapasha from the League of Women Voters of Ohio noted “although we have not yet been in discussion with elections officials about HB 457, the proposed legislation appears to offer a common sense update to our voter registration system that helps local boards of elections streamline voter registration processes, and saves time and money.”

Rhode Island: The Senate Judiciary Committee voted to hold bill S2779, which would amend the state constitution by removing a policy that requires residents to register to vote a minimum of 30 days before a state election. At the hearing, Sen. Alana DiMario (D-North Kingstown,​ Narragansett, New Shoreham), who sponsored the bill, said that the amendment “would allow the voters of Rhode Island to decide if it is time to remove the outdated — and longest in the country — 30-day in advance voter registration deadline from the state constitution.” Opponents of the bill testified citing concerns related to residency requirements, credibility and voter apathy. Secretary of State Gregg Amore (D) said at the hearing that same-day voter registration would improve voting accessibility and civic engagement. He also noted that people who become naturalized citizens late in the year might miss the registration deadline, which could exclude a large population from exercising their newly attained rights. Amore also noted that same-day voter registration has already been implemented for presidential elections. “An average of 6000 voters in the last two presidential elections cast a same day vote when they registered … and the process worked,” he said.

Virginia: Gov. Glen Youngkin (R) blocked bills meant to continue the adoption of ranked choice voting, expand legal protections for voting rights and modify data practices to avoid canceling the registrations of eligible voters. The governor also vetoed a measure that would have expanded the state’s existing ban on guns at polling places and nixed a bill that would have added photo identification cards issued by nursing homes and other state-licensed medical facilities to Virginia’s list of acceptable IDs for voting. Youngkin vetoed a relatively minor bill that would have required election officials to accept identification cards issued by state-licensed private medical facilities such as nursing homes. “Expanding this list presents additional complexities for poll workers in discerning which forms of identification are acceptable,” Youngkin’s veto said. Youngkin also vetoed Democratic bills that would have restored Virginia’s participation in ERIC, a multi-state voter data sharing program that has been abandoned by many red states after coming under fire from conservative activists. In his veto statement on the ERIC bill, Youngkin said there were valid concerns about how the organization was being run. “I have been explicitly clear about my affirmation of the legitimacy of our elections,” the governor’s veto said. “My focus is safeguarding Virginians’ private information and continuously improving an efficient, cost-effective voter registration system.”

Legal Update

Federal Litigation: Smartmatic agreed this week to settle its lawsuit against the conservative cable television network One America News over its coverage of the 2020 election. According to The Washington Post, the terms of the settlement, including any compensation involved, were not announced. “Smartmatic has resolved its litigation against OANN through a confidential settlement,” Smartmatic’s lead attorney, J. Erik Connolly, said in a written statement. Charles L. Babcock, an attorney representing OANN, confirmed the case was settled but provided no further details. The case against OANN, filed in November 2021, was part of a slew of lawsuits aimed at right-leaning television networks that aired unproven or disproven allegations of voting fraud by attorneys associated with Donald Trump. Smartmatic, headquartered in Florida, also sued Fox News Channel — for $2.7 billion — and Newsmax; both of those cases are ongoing, according to court dockets. The voting company’s suit noted that its involvement in the 2020 election was extremely limited, with its technology only being used in Los Angeles County. Pro-Trump advisers and media figures had suggested Smartmatic meddled in the election nationwide. “OANN knew its assertions about Smartmatic were not true,” the lawsuit said. “OANN had seen no evidence to support the assertions. But OANN chose to spread disinformation.” OANN, owned by Herring Networks, had denied that Smartmatic’s allegations had any merit, and countered that its on-air personalities were merely covering a newsworthy election.

Colorado: A Colorado Court of Appeals has decided that a defamation lawsuit against the Trump campaign and other conservative groups from a former employee of Denver-based Dominion Voting Systems can move forward. Eric Coomer was Dominion’s director of product strategy and security. He sued for defamation after he found himself at the center of right-wing conspiracies, alleging that he personally rigged the 2020 presidential election for Joe Biden. He was forced into hiding after receiving death threats. On Dec. 22, 2020, Coomer sued the Trump campaign, several campaign surrogates, and pro-Trump media outlets. On April 10 the court ruled Coomer’s case could move forward because he established a reasonable likelihood of success on his claims for defamation and intentional infliction of emotional distress. Trump supporters tried to dismiss the case under Colorado’s anti-SLAPP statute (strategic lawsuit against public participation). “Under that statute, we do not decide whether Coomer will prevail on his claims. Nor do we determine who is telling the truth about what occurred. Instead, the sole question we must answer is whether Coomer has done enough to pursue his claims further,” wrote Judge Karl Schock in his 117-page opinion. The court concluded that Coomer presented sufficient evidence to show those statements “were false and that defendants made them with actual malice.”

Georgia: U.S. District Judge Eleanor Ross upheld Georgia’s citizenship verification requirements for new Americans, dismissing the case midway through the trial after three days of testimony. Ross granted a directed verdict in court, finding that the plaintiffs failed to prove that the voting rights of naturalized citizens are violated when they have to show papers or get a new state ID before they can vote. The quick ruling brings an abrupt end to a lawsuit that has been pending since 2018 over state laws that prevent new citizens from casting ballots until they show that they’re eligible. Attorneys for Georgia said in court this week that citizenship checks are needed to prevent the possibility of illegal voting. During this week’s trial, witnesses included three voters who said they had to jump through hoops before they were allowed to vote. But the defense showed that all of those voters were eventually able to vote after they overcame hurdles to registering with county election officials who didn’t properly process citizenship paperwork. Ross, an appointee of President Barack Obama, found that Georgia’s elections are open to all citizens and that the state has an interest in ensuring that only citizens are allowed to vote.

Judge Beryl Howell rejected Rudy Giuliani’s request for a new trial in a defamation case brought by two former Fulton County election workers. In December, a jury in U.S. District Court in the District of Columbia awarded Ruby Freeman and Shaye Moss more than $148 million in damages because Giuliani falsely and repeatedly accused them of voting fraud in the 2020 presidential election. Giuliani later asked Howell to override the verdict and order a new trial.

Idaho: The Idaho Supreme Court unanimously affirmed a district court’s decision to dismiss a lawsuit related to two voting laws passed during the 2023 legislative session — effectively bringing an end to the lawsuit. The decision comes nearly one year after voter advocacy groups, Babe Vote and the League of Women Voters, sued the state of Idaho for its passage of two bills — House Bills 124 and 340 — which modified forms of identification accepted when registering to vote and voting at the polls. House Bill 124, which took effect in January, removed student identification cards as an accepted form of identification when voting at the polls. House Bill 340 has been in effect since July, and it eliminated the option to prove identity by providing the last four digits of a person’s Social Security number when registering to vote. It also added methods for a person to prove their identity including an Idaho’s driver’s license or identification card — which previously only the number was required — a passport or other federal identification card, a tribal identification card or a state license to carry a concealed weapon. Lastly, House Bill 340 set provisions for the state to provide no-fee identification cards that can be used to register to vote for adults who have not possessed a driver’s license within the last six months. According to court documents, the Idaho Supreme Court upheld the district court’s decision because the Idaho Constitution permits the Legislature to enact additional “qualifications, limitations and conditions” on the right of suffrage. The court found that the laws do not discriminate against a specific group of people, and they are related to the government’s interest in preserving election integrity. The Secretary of State’s office in a press release Thursday afternoon said it is pleased with the court’s decision. “Voters can have confidence in Idaho’s elections as they head to the polls,” Secretary Phil McGrane said in the press release. “Our office looks forward to collaborating with the League of Women Voters and Babe Vote to encourage more Idahoans to register and actively participate in the upcoming May 21 primary and Nov. 5 general elections.”

Louisiana: Christina Sam in Evangeline Parish was indicted on 36 counts of voter fraud for acts committed between May and November of 2022. Sam is accused of having people agree to vote for her in the November race by changing their residential address to her district for the sole purpose of voting for her, and not with the intention to reside there indefinitely, as the law requires, according to the attorney general’s office. The Evangeline Parish Grand Jury indicted Sam for: Eighteen counts of Election Offenses Affecting Registration and Election Fraud or Forgery and Eighteen counts of Filing or Maintaining False Public Records. Sam was previously arrested and indicted on election fraud charges by Evangeline Parish District Attorney Trent Brignac, but those charges were dropped in September.

Mississippi: Aberdeen Alderwoman Lady Garth is accused of assaulting an election worker at a polling place during the April 2 city elections. Monroe County Sheriff Kevin Crook said deputies arrested Garth, 64, on Sunday, April 14 on two misdemeanor warrants: simple assault and disturbance of an election. Crook said his office received warrants for her arrest on April 5 and spent the following week trying to locate her. Deputies found and arrested her on Sunday following a church service. She will spend five days in jail in connection with a former case.

North Carolina: The North Carolina Supreme Court heard arguments last week in a libel suit filed by voters accused of committing voter fraud in the 2016 gubernatorial election. The original main defendant in the case is William Porter, a Guilford County Republican official who — along with others — used flawed data to target voters with official election protests on behalf of former Republican Governor Pat McCrory. Those protests claimed the voters had committed fraud, sowing doubt about the results of an election which McCrory lost. In the end, hundreds of voters were targeted. The plaintiffs claim that Porter and others defamed them, interfered with their right to vote and subjected them to national media attention and public embarrassment. The defendants argue their participation in the fraud-reporting process grants them absolute privilege and immunity from libel charges. Craig Schauer, lawyer for the defendants, argued that because the defendants were participating in official judicial proceedings in the form of election protests, they’re shielded by governmental privilege and can’t be held liable.The state appeals court only partially agreed with these arguments in 2021.

Washington: The U.S. Supreme Court this week declined to take up a Republican legal challenge to Washington’s state-level voting rights act. Enacted in 2018, the Washington Voting Rights Act (WVRA) is a state law modeled after certain aspects of the federal Voting Rights Act of 1965 that was established to ensure minority groups have an equal opportunity to elect candidates of their choice and protects them from discrimination in voting. In June 2023, the Washington Supreme Court unanimously upheld the WVRA, rejecting an appeal from a Franklin County GOP precinct commissioner, James Gimenez, who argued that the law violates the Washington State and U.S. Constitutions by making race the “predominant factor” in redistricting. In November 2023, Gimenez appealed the Washington Supreme Court’s decision upholding the WVRA to the U.S. Supreme Court. In his petition to the nation’s highest court, Gimenez urged the justices to consider whether the WVRA violates the U.S. Constitution’s Equal Protection Clause, arguing that the law unconstitutionally requires “local governments to change their election systems based on race alone.” With the U.S. Supreme Court declining to take up Gimenez’s appeal today, the WVRA will remain in effect.

Wisconsin: A group of voting rights groups filed a lawsuit against the Wisconsin Elections Commission (WEC) to allow voters with disabilities to cast and file absentee ballots electronically. The lawsuit argues that every voter in Wisconsin has the right to a secret ballot, however a law against voting electronically denies some voters with disabilities that right because they need an assistant to help read and fill out a traditional paper ballot. The suit was brought by Disability Rights Wisconsin and the League of Women Voters of Wisconsin as well as four voters with disabilities — two who are blind, one who has cerebral palsy and one with spinal muscular atrophy. On several occasions, the WEC has acknowledged that blind and low vision voters have no way of casting an absentee ballot independently under the current system. The lawsuit states because of the failure to correct this, Wisconsin’s voting statutes force voters with disabilities to “relinquish” their constitutional right to a secret ballot in order to exercise their right to vote. “Because these voters can vote absentee only by using a paper ballot, they must select an assistant to read and mark their ballot for them,” the lawsuit, filed in Dane County Circuit Court, states. “Doing so forces voters with disabilities to surrender their independence and privacy, share their vote, and trust that their ballot was marked accurately — a surrender of the constitutional right to a secret ballot not demanded of voters without disabilities.”









NYC Wins When Everyone Can Vote! Michael H. Drucker