The Independent View: Electionline Weekly Nov-1-2018

Legislative Updates

New Jersey: A trio of Bills to enhance Election Security have been Advanced by the Assembly State and Local Government Committee. The Three Bills would allow the State to Transition to Paper Ballots, use Federal HAVA Funds to Pay for the New Voting machines, and encourage Congress to Allot more Money to Purchase Voting Equipment.

Pennsylvania: State Rep. Pam Snyder (D-50th District) has introduced House Bill 75 that would allow for No-Excuse Absentee Voting.

Legal Updates

Arizona: The 9th Circuit Court of Appeals has up held a 2106 Law Banning Groups from Collecting Mail-In Ballots from Voters and Delivering them.

Georgia: U.S. District Court Judge Leigh Martin May has Declined to Pause an Injunction she Ordered that Changes how Georgia Elections Officials Evaluate certain Absentee Ballots.

Kansas: The American Civil Liberties Union has filed a Federal Lawsuit seeking to Force Ford County to Open a Second Voting Location in Dodge City for the Upcoming Election.

Louisiana: The State’s High Court has Decline to hear the Appeal of a Ruling allowing the State to Deny the Right to Vote to Felons on Probation or Parole. Chief Justice Bernette Johnson Split from her Colleagues, calling the Law plainly Unconstitutional. She acknowledged a Law Passed this year allowing Felons on Parole or Probation to Vote after Five years of Freedom, but said that Law doesn’t go far enough.

Minnesota: Former Moorhead City Council Member Mark Altenburg has Filed Suit against the City alleging that Moorhead Violated State Law when Changes were made to Polling Places after Dec. 31th, 2017. The Suit was Dismissed for being Filed in the Wrong Jurisdiction.

New Hampshire: On Thursday, a Judge brokered a tentative Deal over SB3, this Bill modifies the definition of Domicile for Voting purposes, however on Friday, the State’s Supreme Court Ruled that the Law will remain in Place for the 2018 Midterms but let the door Open for further Litigation after the Midterms.

New Jersey: An Independent Candidate for Bergen County Sheriff has filed Suit against the County Clerk in Superior Court claiming the Clerk Violated State Law by Failing to give Notice of the Public Drawing for the Ballot Order, and has created Confusion and Bias by putting an unnecessary Gap between Candidates’ Names on the Supplemental Ballot Mailed to Residents.

North Dakota: The Native American Rights Fund, on behalf of the Spirit Lake Sioux Tribe has filed a suit against the state arguing that the “provable street address” requirement for voters is unconstitutional. The suit argues that the 911 system of assigning addresses, the state’s solution for those on Reservations is, “incomplete, contradictory and prone to errors on reservations.”

Ohio: By a 2-1 Vote, the 6th U.S. Circuit Court of Appeals has Ruled that Votes Cast by People Purged from the Rolls between 2011 and 2015 must be Counted: if they still Live in the Same County of their Last Registration, if they are Not Disqualified from Voting because of a Felony Conviction, Not Mental Incapacity or Death.

Tennessee: Chancellor JoeDae Jenkins ordered the Shelby County Election Commission to Allow Voters with Incomplete Voter Registration Applications to Fix Deficiencies and Vote Regularly on Election Day. It’s a System already being Used during Early Voting, but one the Commission has said is Unfeasible and even Inconsistent with State Law if used on Election Day. On Wednesday, the Court of Appeals of Tennessee Halted most of the Injunction saying that those with Incomplete Registrations will Cast Provisional Ballots.

District Judge Thomas Parker has Dismissed an effort to have the Department of Security Conduct a Cybersecurity Assessment of Shelby County’s Touch-Screen Voting Machines.

Texas: The Appeal of a Judge’s Ruling to Void the Mission Mayoral June Runoff will be Accelerated, the 13th Court of Appeals Ruled Monday, allowing the Case to take Precedence. The Original Case revolves around Allegations of Illegal Vote Harvesting.

The Dallas County, GOP has filed a Lawsuit targeting an Unknown Number of Mail-in Ballots saying that they are likely Fraudulent. The Reason, Republicans Allege in a Lawsuit, is that Democratic former State Rep. Terri Hodge, a Felon, Assisted Voters on a large Number of Absentee Ballots.

West Virginia: Jeffrey Hartman, 73 of Westminster, Maryland pleaded Guilty to Voting Illegally in Morgan County, West Virginia.