Electionline Weekly June 22, 2017

Legislative Updates

Arizona: Under a Bill proposed by Rep. Bob Thorpe (R-Flagstaff) College Students would be Prohibited from Registering and Voting where they attend College. The Bill would impact not only Students who live On-Campus, but also those who have Apartments or Houses Off-Campus. A similar Proposal by Thorpe introduced earlier this year died when State Rep. Doug Coleman, R-Apache Junction, Refused to give it a Hearing in the House Government Committee which he Chairs.

California: Assembly Bill 668, the Voting Modernization Bond Act of 2018 would allow the State to Sell $450 million in Bonds to Pay for New Voting Equipment. The Bill was sent to the Senate Governance and Finance Committee and Standing Committee on Elections and Constitutional Amendment after Passing out of the Assembly at the end of May.

Illinois: House Bill 539 has been Approved with Bipartisan support. Under the Bill, Counties would have the ability to Reduce the Number of Elections Judges during Primary Elections. The Bill awaits the Governor’s signature.

Maine: The House has approved a Resolution that would make it more difficult to put a Referendum Question on a Ballot. The Resolution would Mandate that Signatures be obtained from 10% of the Voters in each of Maine’s two Congressional Districts.

The Senate tabled Legislation ( LD 1625) that would have Repealed a Citizen-led Initiative which Created a Ranked-Choice Voting system. The Senate then Voted to give Initial Approval to a Bill (LD 1624) that would Amend the State Constitution to Resolve Issues with the New Law that the State’s Supreme Judicial Court found.

Nevada: Included in the 41 Vetoes by Gov. Brian Sandoval (R) was a Veto of Assembly Bill 272 which would have allowed Counties to Create Vote Centers. In his Veto Message, Sandoval said the Current System works and because he’s heard no complaints he didn’t see the need to make any Changes.

Ohio: The House has Approved House Bill 41. It would Eliminate a Requirement that Absentee Voters complete Identification Envelopes to Submit Ballots.

Texas: Gov. Greg Abbott (R) Vetoed 50 Bills this week, including House Bill 2410 that would have Allowed certain Small Counties to conduct Runoff Elections by Mail. Abbott cited concerns about Fraud as his reason for the Veto.

Washington: The Seattle City Council Voted 6-0 to require Landlords to Provide New Tenants with Voter Registration Information.

Wisconsin: The Assembly has Approved a Bill dictating who Can/Cannot Request a Recount. Under the Legislation, only Candidates within 1% of the Winner’s Vote Total in an Election with at least 4,000 Votes would be Eligible to Request a Recount. If an Election includes Fewer than 4,000 votes, the Requesting Candidate must be within 40 Votes.

Legal Updates

Michigan: Macomb County’s Clerk is facing another Lawsuit, this time for Secretly Videotaping a Resident. Diane Zontini is Suing Clerk Karen Spranger Alleging that an Associate of the Clerk’s Secretly Filmed Zontini while she was Conducting Private business in the Clerk’s Office.

New York: The U.S. Department of Justice has reached an Agreement with the State to Settle a Lawsuit over Voter Registration opportunities through State Motor Vehicle (DMV) Offices. Under a Settlement Agreement, New York will make sure a Voter Registration opportunity will be included with all Applications for Driver’s Licenses and Renewals.

North Carolina: The North Carolina Court of Appeals Rejected Gov. Roy Cooper’s Request to put on Hold the Law creating the State Board of Elections and Ethics Enforcement. The Lawsuit argues the Change in the Elections Board Violates the Constitutional Separation of Powers.

Ohio: The U.S. Supreme Court has Refused to Hear an Appeal of the Decision by the U.S. 6th Circuit Court of Appeals that found a Pair of Homeless Organizations lacked Standing as Private Entities to Challenge Enforcement of a Law requiring Voters to provide certain Personal Identifying Information with Ballots.

Virginia: Gov. Terry McAuliffe (D) has Agreed to Turn over a List of the 206,000 Convicted Felons whose Voting Rights were Restored under a Now-Defunct Executive Order from 2016. The Release of the Information is part of a Settlement with the Loudoun County Commonwealth’s Attorney’s Office which had Sued to Gain access to the List.

Andrew J. Spieles, 21 of Harrisonburg, pleaded Guilty to a “one-count Information” for knowingly Submitting Fraudulent Voter Registration Forms.











NYC Wins When Everyone Can Vote! Michael H. Drucker

Electionline Weekly June 15, 2017

Legislative Updates

Federal Legislation: Sen. Patrick Leahy (D-Vermont) has introduced the Automatic Voter Registration Act of 2017 that would require States to Automatically Register Eligible Voters when they Interact with Certain State and Federal Agencies unless they Opt-Out.

California: A Bill has been introduced that would change the Rules Governing Recall Elections. Under the Proposal, people who Sign a Recall Petition would have 30 days to Rescind their Signatures after the Signatures have been Submitted to Election Officials. It would also give Lawmakers an additional 30 days to Consider Costs of a Recall.

Maryland: The College Park City Council has introduced a possible Amendment to the City’s Charter that would allow Non-Citizens who are Legal, Permanent Residents, to Vote in Local Elections.

Massachusetts: The Joint Committee on Elections Laws heard Testimony last week on Legislation that would allow for Automatic Voter Registration in the Commonwealth.

Amherst Rep. Solomon Goldstein-Rose has Submitted Legislation that would allow Non-Citizens to Vote in Town Elections. The Bill would only apply to Legal Permanent Residents and only to Amherst Elections.

New Jersey: The Assembly has Approved a Bill that would allow Voters to Take and Post on Social Media Ballot Selfies. The Senate has not taken action on the Bill yet.

Oregon: This Week the Oregon Legislature Approved a Bill allowing 16-year-olds to Pre-Register at the Department of Motor Vehicle (DMV) when getting their First License. Approximately 20,000 16-year-olds get their License each year.

Legal Updates

Louisiana: The Advancement Project Filed Notice with the Louisiana 4th Circuit Court of Appeal with their intention to Appeal a March Ruling that Rejected a Lawsuit seeking to Restore Voting Rights to People on Probation Parole for Felony Crimes.

Missouri: The American Civil Liberties Union and other Civil Rights Groups have Filed Suit in the Cole County Circuit Court seeking to Stop the Implementation of the State’s New Photo ID Law.

North Carolina: A Case has been Filed in the Middle District of North Carolina arguing that the State’s New Bipartisan State Board of Elections and Ethics Enforcement because it Discriminates against Unaffiliated Voters by denying an Unaffiliated Member on the State Board.

U.S. Virgin Islands: The Third Circuit Court of Appeals has Ruled that it’s up to the Virgin Islands Legislature to determine whether or not to Seat a Senator-Elect in a Contested Election.











NYC Wins When Everyone Can Vote! Michael H. Drucker

Electionline Weekly May 25, 2017

Legislative Update

Federal Legislation: A Bill has been reintroduced into the House which Mandates that no Voter should have to wait in line for more than hour to cast a Ballot. The Voting Access Act-H.R.2499 establishes Standards for Staffing and Placement of Polling locations.

CLICK HERE for more information about The Voting Access Act-H.R.2499.

Alabama: A Bill to Prohibit people from Voting in a Political Party’s Runoff if they Voted in the other Party’s preceding Primary has been Approved by the Legislature and now awaits the Governor’s signature.

Connecticut: The House voted 78 to 70 for a Resolution Authorizing a Referendum on a Constitutional Amendment allowing Early Voting.

Michigan: The Senate has Approved Legislation that would double Recount Fees for a Candidate who Lost an Election by more than 5%. Rates would go from $125 to $250 per Precinct. It would not alter the Rates for Candidates who Lost by fewer than 50 votes or 0.5%.

Minnesota: Secretary of State Steve Simon is supporting Legislation that would create Five Uniform Dates throughout the year when a Special Election for Vacancies in Local Elections or for Ballot Questions would be allowed to be held.

Nevada: With the deadline for the Legislative session looming, Lawmakers approved a Bill that will allow Counties to establish Vote Centers open to All Eligible Residents regardless of their home’s proximity to the Polling place.

New Hampshire: Lawmakers are considering a Measure that proposes Amending Absentee Ballot Forms to say that the Signature must Match the Signature on the Affidavit Envelope in which the Ballot is returned.

New York: The Senate has approved Legislation that would consolidate Federal and State Primary Elections to the Third Tuesday in August, SB 1115. It also moves the Petition Deadline for Independent Candidates and the Nominees of Unqualified Parties from Early August to Early July. The vote was 35-26. The Assembly has approved a Bill, AB 3052, that would Consolidate the Elections to the fourth Tuesday in June. It moves the Petition deadline to May.

The New York City Council has approved Legislation that will require the Campaign Finance Board to send Registered Voters a Four-Year Voting Record.

Texas: By a 95-54 vote following a six-hour Debate, the House has approved Senate Bill 5 that would relax some of the Rules Governing Texas’ Strict Voter ID Law. SB 5 would add options for Voters who say they cannot “reasonably” obtain one of seven Forms of required ID, and it would create Criminal Penalties, which House Members reduced on Tuesday, for those who Falsely claim they need to choose from the Expanded List of Options.

Legal Update

National: The American Civil Liberties Union has sent Freedom of Information Act requests to Kansas, Indiana, Maine, and New Hampshire. “We believe the outcome of the commission’s investigation is preordained,” said Dale Ho, Director of the ACLU’s Voting Rights Project. “It’s time to shed light on whether any commission members were crafting policy recommendations before their investigation was launched or the commission was even formally announced. If they’ve got evidence, it’s time to stop hiding and start sharing.”

Florida: Clay County Circuit Judge Gary Wilkinson has upheld an Election for Putnam County sSeriff that was decided by only 16 votes. In his 21-page Ruling, Wilkinson concluded that it reflected the will of the Voters and that the Challenger did not prove a number of Controversial Ballots were sufficient to sway, or cast doubts on the Results.

Ohio: According to Secretary of State Jon Husted, 22 people have been referred for Prosecution for Voting in both Ohio and another State in 2016. “We reviewed every reported case of voter suppression and voter fraud and are sharing those facts to inform the discussion on election integrity," Husted told The Toledo Blade. “Once again our review shows that while rare, voting fraud does occur. But more importantly, we are holding those accountable who violate our election laws,” Mr. Husted said.

South Carolina: Richland County, South Carolina has reached an Agreement with the Office of Civil Rights to bring 49 Polling places into Accordance with the American with Disabilities Act. The County has until June to make the Sites accessible.

Texas: Attorney General Ken Paxton has issued a ruling that 262 men housed in Treatment Center for sexual offenses are allowed to Cast Ballots by Mail. The men at the Facility have completed their Prison sentences, but are Civilly Committed to the Facility. Paxton’s Ruling means that under Texas Law, they are permitted to Cast their Ballots. The Ruling comes after about 100 Ballots from offenders at the Facility were tossed in November 2016.

Wisconsin: Attorney General Brad Schimel has filed an Appeal with the U.S. Supreme Court seeking to have the Court Block a Lower Court Ruling that would force State Lawmakers to Redraw Legislative Maps by November. “Wisconsin should not be required to invest the considerable time, effort and taxpayer resources required to redraw district maps, especially when the case is likely to be reversed,” Schimel said in a statement.











NYC Wins When Everyone Can Vote! Michael H. Drucker

Weekly Congress Update May 22-26, 2017

Senate Nominations

The Senate will vote Monday on the Nomination of Iowa Governor Gov. Terry Branstad to be the Ambassador to China. While he is expected to be Confirmed by a large margin, the Majority was forced to file Cloture on the Vote, rather than just proceeding through Unanimous Consent.

The Senate will also vote on the Nomination of former Bush Official John Sullivan to be Deputy Secretary of State.

In the House:

H.R. 467: VA Scheduling Accountability Act, Sponsor: Rep. Jackie Walorski [R, IN-21. This Bill directs the Department of Veterans Affairs (VA) to ensure that each VA Medical Facility annually Certifies that it is in full Compliance with all Provisions of Law and Regulations relating to Scheduling Appointments for Veterans Hospital Care and Medical Services. The VA may not Waive any applicable Provision of such Laws or Regulations. If unable to make such Certification, the Facility shall provide the VA with an Explanation of Noncompliance and a Description of Compliance Actions being taken. If a Facility does not make a Certification for any year, each Covered Official may not receive specified Awards or Bonuses during the subsequent year. A Covered Official is the: (1) Director, (2) Chief of Staff, (3) Associate Director, (4) Associate Director for Patient Care, and (5) Deputy Chief of Staff. The VA shall ensure that its Directives and Policies apply to, and are implemented by, each VA Office or Facility in a Standardized manner, including at the Local Level.

H.R. 624: Social Security Fraud Prevention Act, Sponsor: Rep. David Valadao [R, CA-21]. The Bill would Prohibit Federal Agencies from including Social Security Account Numbers on any Documents sent by Mail unless the Agency determines that Inclusion of the Number is necessary. There are many Federal Laws and Regulations that deal with the Protection of Sensitive information including the Federal Information Security Management Act, the Privacy Act of 1974, and a 2007 Memorandum from the Office of Management and Budget on Safeguarding against and responding to the Breach of Personally Identifiable Information. Because of those Laws and Rules, Congressional Budget Office (CBO) expects that most Agencies are working to Limit the Amount of Personally Identifiable information that they Collect and Disseminate. As a consequence, CBO estimates that implementing H.R. 624 would have No significant Cost over the next five years.

H.R. 695: Child Protection Improvements Act of 2017, Sponsor: Rep. Adam Schiff [D, CA-28]. The Bill would Require the Department of Justice (DOJ) to establish a Program to allow Organizations that provide Services to Youth, the Elderly, and the Disabled to obtain Information from Criminal Background Checks in the Federal Bureau of Investigation (FBI) Fingerprint Database.

H.R. 883: Targeting Child Predators Act of 2017, Sponsor: Rep. Ron DeSantis [R, FL-6]. The Bill would Amend the current process for issuing Nondisclosure Requirements for Subpoenas in certain Cases of Child Exploitation.

H.R. 953: Reducing Regulatory Burdens Act of 2017, Sponsor: Rep. Bob Gibbs [R, OH-7]. The Bill Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act, commonly known as the Clean Water Act, to Prohibit the Environmental Protection Agency (EPA) or a State from Requiring a Permit under the National Pollutant Discharge Elimination System (NPDES) for a Discharge of a Pesticide from a Point Source into Navigable Waters if the Discharge is approved under FIFRA. Point Source Pollution is Waste Discharged from a Distinct place, such as a Pipe, Channel, or Tunnel. The Bill establishes Exemptions from this Prohibition.

H.R. 1005: To Amend Title 38, United States Code, to Improve the Provision of Adult Day Health Care Services for Veterans. Sponsor: Rep. Lee Zeldin[R, NY-1]. This Bill directs the Department of Veterans Affairs (VA) to enter into an Agreement or a Contract with each State Home to Pay for Adult Day Health Care for a Veteran Eligible for, but Not Receiving, Nursing Home Care. The Veteran must need such Care specifically for a Service-Connected Disability or the Veteran must have a service-Connected Disability rated 70% or more. Payment under each Agreement or Contract between the VA and a State Home must equal 65% of the Payment that the VA would otherwise Pay to the State Home if the Veteran were receiving Nursing Home Care.

H.R. 1162: No Hero Left Untreated Act, Sponsor: Rep. Stephen Knight [R, CA-25]. The Bill requires the Department of Veterans Affairs (VA) to carry out a One-Year Pilot Program to provide Access to Magnetic EEG/EKG-guided Resonance Therapy to Treat Veterans suffering from Post-Traumatic Stress Disorder, Traumatic Brain Injury, Military Sexual Trauma, Chronic Pain, or Opiate Addiction. The VA shall: (1) carry out the Program at up to two VA Facilities, and (2) provide Access to such Therapy to more than 50 Veterans.

H.R. 1188: Adam Walsh Reauthorization Act, Sponsor: Rep. James Sensenbrenner [R, WI-5]. The Bill would Authorize the Appropriation of $80 million annually over the 2018-2022 period for Department of Justice (DOJ) Activities related to the Registration of Sex Offenders.

H.R. 1293: To Amend Title 5, United States Code, to Require that the Office of Personnel Management Submit an Annual Report to Congress relating to the Use of Official Time by Federal Employees, Sponsor: Rep. Dennis Ross [R, FL-15].

H.R. 1329: Veterans’ Compensation Cost-of-Living Adjustment Act of 2017, Sponsor: Rep. Mike Bost [R, IL-12]. The Bill will Increase, effective as of December 1, 2017, the Rates of Compensation for Veterans with service-Connected Disabilities and the Rates of Dependency and Indemnity Compensation for the Survivors of certain Disabled Veterans, to amend Title 38, United States Code, to Improve the United States Court of Appeals for Veterans Claims, to Improve the Processing of Claims by the Secretary of Veterans Affairs, and for other purposes.

H.R. 1370: Department of Homeland Security Blue Campaign Authorization Act, Sponsor: Rep. Michael McCaul [R, TX-10]. The Bill would Amend the Homeland Security Act of 2002 to Require the Secretary of Homeland Security to issue Department of Homeland Security-wide Guidance and Develop Training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes.

H.R. 1545: VA Prescription Data Accountability Act, Sponsor: Rep. Ann Kuster [D, NH-2]. This Bill will Amend Title 38, United States Code, to clarify the Authority of the Secretary of Veterans Affairs to Disclose certain Patient Information to State Controlled Substance Monitoring Programs, and for other purposes.

H.R. 1625: Targeted Rewards for the Global Eradication of Human Trafficking (TARGET) Act, Sponsor: Rep. Edward Royce [R, CA-39]. The Bill would include severe Forms of Trafficking in Persons within the definition of Transnational Organized Vrime for purposes of the Rewards Program of the Department of State.

H.R. 1725: Quicker Veterans Benefits Delivery Act, Sponsor: Rep. Timothy Walz [D, MN-1]. This Bill requires Current Law authorizes, the Department of Veterans Affairs (VA) to accept, for purposes of Establishing a Claim for Veterans Disability Benefits, a Report of a Medical Examination Administered by a Private Physician without requiring Confirmation by a Veterans Health Administration Physician if the Report is sufficiently complete, defined as Competent, Credible, Probative, and Containing such Information as required to make a Decision on the Claim for which the Report is provided. The VA is required to Submit: (1) a Report on the Progress of the VA's Acceptable Clinical Evidence Initiative in Reducing the necessity for In-Person Disability Examinations, and (2) an Annual Report for each VA Regional Office regarding Claims for which Private Medical Evidence was determined to be unacceptable.

H.R. 1761: Protecting Against Child Exploitation Act, Sponsor: Rep. Mike Johnson [R, LA-4]. The Bill would make it a Crime to Knowingly Consent to the Visual Depiction, or Live Transmission, of a Minor Engaged in Sexually Explicit Conduct.

H.R. 1808: Improving Support for Missing and Exploited Children Act of 2017, Sponsor: Rep. Brett Guthrie [R, KY-2]. The Bill would make several Changes to the Laws that Govern the use of Funds provided to the National Center for Missing and Exploited Children (NCMEC), a Nonprofit Organization Funded mostly by the Department of Justice.

H.R. 1809: Juvenile Justice Reform Act of 2017, Sponsor: Rep. Jason Lewis [R, MN-2]. The Bill would Authorize the Appropriation of about $1.6 billion over the 2018-2022 period for the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to operate Programs to Reduce Juvenile Justice Delinquency, Assist Runaway and Homeless Youths, and Locate Missing Children.

H.R. 1842: Strengthening Children’s Safety Act of 2017, Sponsor: Rep. John Ratcliffe [R, TX-4]. The Bill would include State Crimes of Violence as grounds for an Enhanced Penalty when Sex Offenders Fail to Register or Report certain information as required by Federal law.

H.R. 1862: Global Child Protection Act of 2017, Sponsor: Rep. Martha Roby[R, AL-2]. The Bill would broaden the coverage of current Laws relating to Unlawful Sexual Conduct with Minors.

H.R. 1973: Protecting Young Victims from Sexual Abuse Act, Sponsor: Rep. Susan Brooks [R, IN-5]. The Bill would provide Training to Prosecutors on Investigating and Processing Cases with a Trauma-informed and Victim-centered Approach, and encourage States to Provide Appropriate Services to Victims of Trafficking. It calls for Reports on the Implementation of State Safe Harbor Provisions and on how to Improve Mandatory Restitution Procedures for Victims of Trafficking in Federal Courts.

H.R. 2052 PRIVATE Act Protecting the Rights of IndiViduals Against Technological Exploitation Act, Sponsor: Rep. Martha McSally [R, AZ-2]. The Bill would Amend the Uniform Code of Military Justice to Prohibit the wrongful Broadcast or Distribution of Intimate Visual Images.

H.R. 2288: Veterans Appeals Improvement and Modernization Act, Sponsor: Rep. Mike Bost [R, IL-12]. This Bill would Amend Title 38, United States Code, to Reform the Rights and Processes relating to Appeals of Decisions Regarding Claims for Benefits under the Laws Administered by the Secretary of Veterans Affairs, and for other purposes.

H.R. 2473: Put Trafficking Victims First Act, Sponsor: Rep. Ann Wagner [R, MO-2]. The Bill would provide Training to Prosecutors on Investigating and Processing Cases with a Trauma-informed and Victim-centered approach, and encourage States to Provide Appropriate services to Victims of Trafficking. It calls for Reports on the Implementation of State Safe Harbor Provisions and on how to Improve Mandatory Restitution Procedures for Victims of Trafficking in Federal Courts.











NYC Wins When Everyone Can Vote! Michael H. Drucker

Congress Weekly Update Mar-27-Apr-1, 2017

The week ahead in Congress:

- This week the House votes on a Bill that would prohibit the EPA from Proposing, Finalizing, or Disseminating a Rule unless all Scientific and Technical information relied on to support the action is:

1) The best available Science
2) Specifically identified
3) Publicly available in a manner sufficient for Independent Analysis and substantial reproduction of Research Results.

- A Senate-passed Resolution to Overturn the Federal Communications Commission (FCC)’s Broadband Privacy Rule.

S.J.Res.34: Congressional Review Act Resolution to Overturn FCC Rule "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services", Sponsor: Sen. Jeff Flake [R-AZ].

The Bill, which already passed the Senate, overturns Obama Administration Rules requiring Internet Service Providers (ISP) to obtain Customers’ Permission before Selling or Sharing users' Personal Information. Under the Congressional Review Act, Congress has until May 17th, 60 Session days since the rule was issued, to present the Resolution to the President for his signature.

- The Senate will vote on Ratification of Montenegro as the newest member of NATO.

The Senate is expected to vote Monday on a Treaty allowing Montenegro to join the North Atlantic Treaty Organization (NATO). The vote was blocked earlier by Senator Rand Paul [R-KY], who expressed concerns about extending NATO further. The Treaty is supported by Secretary of Defense, James Mattis and Secretary of State, Rex Tillerson, through the Trump Administration has not yet taken an official position.

- The Senate Select Committee on Intelligence holds its first hearing into Russian Activities in the 2016 Election.

H.R. 654: Pacific Northwest Earthquake Preparedness Act. To require Federal Emergency Management Agency (FEMA) to develop a Plan, and identify the necessary Funding for Purchase and Installation of an Earthquake Early Warning system for the Cascadia Subduction Zone, Sponsor: Rep. Peter DeFazio [D-OR].

H.R. 1117: To require the Administrator of the Federal Emergency Management Agency (FEMA) to submit a Report regarding certain Plans regarding assistance to applicants and grantees during the response to an Emergency or Disaster, Sponsor: Rep. Vicky Hartzler [R-MO].

H.R. 1214: Disaster SAVE Act - To increase the Disaster Assistance threshold to $500,000 for Grants to clear Debris and Repair and Rebuild Facilities, Sponsor: Rep. Lou Barletta [R-PA].











NYC Wins When Everyone Can Vote! Michael H. Drucker