The Independent View: Electionline Weekly Jan-24-2019

Legislative Updates

Arizona: Arizona is the only State that does Not include Explicit Language Granting the Right to Vote in its Constitution and now a Group of Lawmakers are hoping to change that with a Constitutional Amendment, the Arizona Voters Bill of Rights. The Bill of Rights would include the Ability to Register to Vote Unhindered, Equal Access to the Ballot, and Guarantee that every Vote is Counted.

Florida: Legislation has been introduced that would Protect the Private Data—Phone Numbers, Addresses, Birth Dates of 16- and 17-year-olds who have Pre-Registered to Vote.

Georgia: Senate Bill 30 would Allow Absentee Ballots for Persons Living Overseas or Serving in the Military be Returned by Fax or Email.

Indiana: The House Elections Committee appears poised to support House Bill 1217 that would Revamp how Elections are Administered in Porter County. Under the Proposed Legislation, Election Directors will be Chosen by the County Clerk and subject to the Bipartisan Approval of the Five-Person Election Board.

Kansas: The House Judiciary Committee and the House Committee on Correction are each considering Legislation that would Revoke the Authority of the Secretary of State to Prosecute People for Voter Fraud.

Minnesota: A Bill to Authorize Minnesota to access Federal Funds for Election Security is on the fast track at the Capitol and could be the First Major Proposal to pass in the 2019 Legislative Session. The Proposal Passed through Two House Committees this week and a Key Republican Lawmaker is Leading the Effort in the Senate.

New Hampshire: A Bill, which has the Backing of Secretary of State William Gardner would Forbid Future Candidates for the Secretary’s Office from forming Political Committees to Fundraise. “Our duty is to keep that position non-partisan. And when there’s money thrown around it becomes very partisan,” said Rep. David Love (R-6th District, Derry).

New Mexico: A Bill being reviewed by a House Committee would allow Felons to Maintain their Voting Rights even after they are Convicted. A Bill that would enter New Mexico in the National Popular Vote Pact, a Bill Implementing Automatic Voter Registration, and a Bill for Same Day Registration.

Oklahoma: Senate Bill 363 would require any State Senator or Representative who Resigns, is Removed from Office or Expelled to use any Remaining Funds from their Campaign Funds to help defray the Costs of Special Election.

Pennsylvania: A Package of Election Reform Bills is being championed by Democrats. The Bills include Proposals to allow Early Voting, Vote-by-Mail, Election Day Holidays, Same-Day Registration, and Automatic Voter Registration.

Tennessee: Sen. Brenda Gilmore (D-54th District, Nashville) has introduced a Bill that would Allow Ex-Felons to have their Voting Rights before they have Cleared any Financial Debt, although they would have to Show they are On Payment Plan. The Legislation would Not Apply to Anyone Convicted of Sex Crimes or Crimes using a Gun.

Virginia: House Bill 2034 would require Local Electoral Boards to Remove Registrars through the Court System instead of the Current System which Allows Two of the Three Electoral Board Members to decide to Oust a Registrar.

State Sen. Adam Ebbin (D-30th District) has introduced a Bill that would allow Localities to Move to a Ranked-Choice Voting System for Boards of Supervisor and City Council Elections beginning in 2020.

By a 97-1 vote, the House of Delegates has Approved a Bill that would Require All Public Schools to treat Election Day as a School Holiday. The Bill Approved by the House Applies only to General Elections in November.

Washington: Senate Bill 5063, Co-Sponsored by Sen. Joe Nguyen (D-White Center), and Sen. Bob Hasegawa (D-Beacon Hill), would require the State to Reimburse Counties for Paid-Postage Return Envelopes for Ballots.

The Legislature is considering Moving the State’s Presidential Primary from the Fourth Tuesday in May to the Second Tuesday in March.

West Virginia: The House has Unanimously Approved the Ardella Miller Memorial Act that will allow Emergency Absentee Ballots to those Seriously Ill or in “late-stage of life medical care” while at Home.

Wyoming: Under House Bill 192, sponsored by Rep. Chuck Gray (R-Natrona Co.) would specifically Mandate that anyone Casting a Ballot in Wyoming would need to present Photo Identification Verifying their Identity before Casting a Ballot. Those voting by Mail would be Required to Submit a Copy of their Photo ID the first time after they Register.

A Bill that would have prevented “crossover” voting failed on a 3-2 vote in the Senate Judiciary Committee.

Legal Updates

Georgia: Senior Judge Adele Grubbs of the Cobb County Superior Court dismissed a Case Challenging the Lieutenant Governor’s Race. Grubbs said while she “respected” the Argument there may be some Issues with the Entire Voting System, the Plaintiffs did Not Prove specific Problems with the Recording of Ballots in the Lieutenant Governor’s Race that would Alter the Outcome of the Election.

North Carolina: Wake County Superior County Judge Paul Ridgeway has denied candidate Mark Harris’ request to certify his victory in the 9th District Congressional race even as the investigation into election fraud is ongoing. The state elections board “has authority under (state law) to initiate and consider complaints on its own motion,” Ridgeway said. “Until a protest is resolved there is no requirement the board must certify an election.”

Tennessee: Judy Guinn, 70, of Piney Flats has been Indicted for Allegedly Committing Voter Fraud in November 2016. An Investigation by the Tennessee Bureau of Investigation alleges that Guinn Cast an Early Ballot despite being a Convicted Felon.

Texas: A Travis County District Court ruled Thursday that Austin Violated the State’s Open Carry Law by Barring Residents from bringing Firearms into its City Hall which also serves as a Polling Place.

Utah: Following an Investigation by the Grand County Attorney’s office, County Attorney Andrew Fitzgerald chose Not to File Criminal Charges against San Juan County Clerk John David Nielson for Illegally Removing a Candidate from the November Ballot. However, San Juan County Attorney Kendall Laws has now Asked another County Attorney from Davis County to take another Look at the Case.

Wisconsin: U.S. District Judge James Peterson has Ruled that Laws enacted during the Lame Duck Session of the Legislature Violate a Federal Court Order issued in 2016 that Voided Similar Restrictions. in a Five-page Ruling, agreed to Issue an Order Enforcing Injunctions against Time Limits for In-Person Absentee Voting, Restrictions on the Use of Student Identification Cards for Voting, and Time Limits on the Validity of Temporary Identification Cards issued under a Process called the ID Petition Process. “This is not a close question. The three challenged provisions are clearly inconsistent with the injunctions that the court has issued in this case.” Peterson wrote according to the Wisconsin State Journal.