Electionline Weekly June 25th, 2020

Legislative Updates

California: The Legislature has Approved and Gov. Gavin Newsom (D) has Signed a Bill that will Require County Officials to Mail a Ballot to Every Registered Voter for the November General Election, cementing into Law the Democratic Governor’s earlier Order to Mail Ballots Statewide in response to the Coronavirus Outbreak.

On a 28-9 Initial Vote, the State Senate sent Assembly Constitutional Amendment 6 to the Nov. 3rd Ballot, Opening a Possibility for more than 40,000 Formerly Incarcerated Residents to Regain their Voting ability before they Finish their Probationary period. State Sen. Steven Bradford (D-35th District, Gardena), said ACA 6 would Allow people on Parole to Reintegrate into and become a “contributing member to society”.

The Albany City Council Unanimously Approved a Ballot Measure for the November Ballot that if approved by Voters would Allow Residents to use Ranked-Choice Voting in Local Elections.

The San Diego City Council is expected to Place on the November Ballot a Proposed Measure for Instant-Runoff Voting. The Measure has received Preliminary Approvals from Council’s Rules Committee. The Deadline for the Full Council to Formally place the Measures on the November Ballot is early August.

Delaware: During a Virtual Session, the House Approved Legislation that that gives All Voters the Ability to Cast a Ballot in Any Election this year without Compromising their Health or Safety. The Measure Passed along Party Lines in a Vote 25-13. The Process to Vote-by-Mail mirrors the Absentee Ballot System that’s been Used for Decades in the State. The Measure now Heads to the State Senate for a Vote, where it must pass before Session Ends on June 30th, 2020.

Georgia: The Senate had Advanced Senate Bill 463 that would Ban Election Officials from Mailing Absentee Ballot Request Forms unless a Voter Requests One. The Legislation also Loosens Restrictions on Ballot Signature Matching Requirements, and Provides for the Division of Large Precincts under Certain Conditions. The Bill could Receive a Vote in the Georgia House before the Legislature ends its Current Session June 26th. If the Measure Passes and is signed by Republican Governor Brian Kemp, it could take Effect before the November General Election.

Kansas: Kansas City will offer its Employees up-to Two Paid Days Off to Work at Polling Locations in time for Missouri’s August Primary and this Fall’s Presidential and Gubernatorial Elections, the City Council decided in a 10-1 Vote. It allows City Employees to Work up-to Two Election days a year and be Paid for Regular eight-hour Workdays. They can also Keep any Pay provided by the Election Board.

Maryland: The Annapolis City Council will consider R-35-20, allowing the City to Contract with the Anne Arundel County Board of Elections for its Primary and General Elections, on Sept. 21st, 2021, and Nov. 2nd, 2021, respectively and to have those Elections conducted by Mail. The Resolution also Provides for the Option to Vote-by-Mail, a Trend that has become Popular at the State and National Levels due to Coronavirus Pandemic Restrictions.

Massachusetts: Work continues on finding a Compromise on Vote-by-Mail Legislation for the upcoming November General Election. The Bills (H 4778/S 2764) largely do the same things: Instruct Secretary of State William Galvin to Mail Every Voter an Application for the Primaries on Sept. 1st and the General Election on Nov. 3rd. Residents would have Three Voting Options under either Bill: showing up to the Polls In-Person, taking Advantage of Early Voting Periods, or Voting-by-Mail, which both Officials and Advocates alike say Helps address Public Health concerns regarding Physical Distancing. The House bill proposes Sending Registered Voters Two Separate Applications by Mail, one on July 15th for the Primaries, and another, in October for, the General Election. The Senate Bill sends out One Mailing on July 15th that Includes Paperwork for Both Elections, and also calls for a General Election Application to be Included in the October Voter Guide.

Voter Choice for Massachusetts, which is Pushing a Ballot Measure that would bring Ranked-Choice Voting to the Commonwealth said last week that it had Submitted 25,000 Additional Signatures for Inspection, adding to the Record-Setting 111,268 Signatures the Campaign had Certified during the First Round of Gathering.

Michigan: Under House Bills 5880-81, introduced by Rep. Ann Bollin (R-42nd District), a Person who knowingly Submits an Absent Voter Application using another Person’s Name or Personal Identification Information would be Guilty of a Felony. She said it would Also be a Felony to Complete Applications with the Intent to Receive Multiple Ballots. The Plan has been Referred to the House Elections and Ethics Committee for consideration.

Gov. Gretchen Whitmer (D) Signed into Law this week a Measure that should Help Speed-Up Results in November. The New Law allows City or Township Clerks to Create an “absent voting counting board” with Other Local Clerks to Join Forces to Count Absentee Ballots. “There are a lot of smaller jurisdictions in Ingham County and across the state that this will benefit greatly,” Lansing City Clerk Chris Swope said. Swope says Processing Ballots with an Absent Voting Counting Board rather than in a Precinct will Speed-Up the Count.

New Mexico: A scaled-back Election Overhaul lacking a Key Provision that would have Allowed Clerks to Mail Every Registered Voter a Ballot for the November General Election is on its way to Gov. Michelle Lujan Grisham’s (D) Desk. The House initially Rejected Senate Bill 4 38-32 but a Subsequent Vote to “reconsider” the Legislation Passed, and after Hours of Closed-Door Caucus Meetings, a Second Vote on the Legislation Cleared the House Floor 44-26 without any Amendments. The Temporary Election Changes would Allow Clerks to Automatically send Absentee Ballot Applications to All Registered Voters ahead of the Presidential Election. It also makes other Changes Supporters say will Streamline the Next Election following Mail Delays that led to Problems with People receiving their Ballots and a Prolonged Delay in Election Results in Santa Fe County. Many People complained about Receiving their Ballots so Late they had to turn them in Last-Minute, in Person.

Ohio: A Campaign seeking to Amend Ohio’s Constitution to Expand the State’s Voting-Access Laws has Suspended its Operations, citing the Difficulties of Collecting Hundreds of Thousands of needed Signatures during the Coronavirus Pandemic. Ohioans for Secure and Fair Elections said despite earlier Legal Victories at the State and Federal Level, an Appellate Court’s Ruling that Blocked them from Collecting the Signatures Electronically has made their Campaign for the November Ballot Unworkable. “While this is certainly not the outcome we hoped, planned, organized, fundraised, or campaigned for, we come to this decision with pride in our work, appreciation for our coalition partners, and a clear vision for the future,” Ohioans for Secure and Fair Elections Campaign Manager, Toni Webb, said in a Statement.

Pennsylvania: Governor Tom Wolf (D) Signed into Law House Bill 2502, now Act 35 of 2020, that Requires the Department of State to Publish a Report on the June 2nd, 2020, Primary Election. The Report will help Identify any Necessary Changes to the Pennsylvania Election Code before the General Election in November.

Lawmakers in the General Assembly are reviewing potential Legislation that would Allow Election Officials to begin Counting Mail-In Ballots before 7 a.m. on Election Day, a Provision that Advocates say will be Crucial in getting timely Election Results in November.

South Carolina: An Effort to Expand Absentee Voting ahead of the November General Election Failed on Wednesday as the S.C. House Agreed to spend more than $1.2 Billion in Federal COVID-19 Relief. After a roughly Three-hour Debate on Wednesday, Lawmakers adopted the Legislation in a 109-2 Vote, agreeing to Changes made and Adopted by the Senate on Tuesday and Sent the Bill to the Governor with No Provisions to Adjust Absentee Voting for the General Election. Democrats have said they will file Suit to Expand Absentee Voting.

Texas: The Parker County Commissioners Court Approved the Termination of Elections Administrator, Don Markum, Monday afternoon in a 3-2 Vote. The Commissioners met in Executive Session for about Two hours and Reconvened in Open Session at about 4:15 p.m. Monday. Precinct 1 Commissioner George Conley, Precinct 4 Commissioner Steve Dugan, and Parker County Judge Pat Deen Voted in favor of Terminating Markum while Precinct 2 Commissioner Craig Peacock and Precinct 3 Commissioner Larry Walden Voted Against the Motion. “Parker County appreciates all Don Markum’s contributions to the county’s election process, and wishes him the best in his future endeavors,” Deen said.

Legal Updates

Arizona: Secretary of State, Katie Hobbs, announced last week that a Settlement was reached with a Nonprofit Organization in a Lawsuit over the Deadline to Return Early Ballots. Voto Latino, an Organization aimed at Encouraging Young Hispanic and Latino People to Register to Vote, filed a Complaint with Priorities USA in November 2019 against Hobbs. The Law requires Ballots to be Received by County Election Officials by 7 p.m. on Election Day. While the Settlement between Hobbs and the Groups will leave the Current Deadline in place, the Secretary of State’s Office will attempt to address Items contributing to the Late Returns. The Secretary of State’s Office in the Settlement is Committing to Conducting Voter Outreach and Education about Election Day Deadline in Multiple Languages, launching a webpage with Information about Voting-by-Mail and Ballot-Drop Options, and Allocating Funding for Counties to Increase Early Voting Opportunities.

Arkansas: A Lawsuit has been filed in Pulaski Circuit Court seeking to Require No-Excuse Absentee Voting in the November Election. The Lawsuit, by Three People who say they Fear Exposure to Coronavirus through In-Person Voting, says the current Restrictions on absentee Ballots are Unconstitutional but, even if a Constitutional Challenge fails, Rules should be Modified as other States have done because of Coronavirus. Under Current Law, Absentee Ballots are Allowed for Military, People who are Abroad, and for People “unavoidably absent or unable to attend an election due to illness or physical disability.” A Question remains about what “unavoidably absent” means. The Lawsuit says Attorney General Leslie Rutledge has so far Not responded to a Two-month-old Request for an Opinion by Legislators. Voters can be Prosecuted for Perjury for being found in Violation of the Rule.

Connecticut: A Group of Connecticut Republicans are Challenging the State’s Push for Expanding Absentee Voting Ballots. The 13-page Suit was filed in New Britain Superior Court by Dominic Rapini, Linda Szynkowicz, State Senator Eric Berthel(R-Watertown), and State Representative Jason Perillo (R-Shelton). The Plaintiffs argue for the Removal of Secretary of State Denise Merrill’s Plan to People to Vote in Absentee due to concerns over COVID-19. Recently, Governor Ned Lamont Signed an Executive Order to Expand the Qualifications of Absentee Voting for the August Primary. The Suit calls Merrill’s Plan is “unlawful and unconstitutional.” It also Claims the Plan is Vulnerable to Voter Fraud.

Florida: U.S. District Judge Robert Hinkle Denied most Portions of Plaintiffs requests for Preliminary Injunctions in a Case seeking to Expand Vote-by-Mail, which is a Consolidation of Three Lawsuits, saying the Plaintiffs Lack “a substantial likelihood of succeeding” on the Vast Majority of the Issues. In one of the Lawsuits, the Group Priorities USA and other Plaintiffs want the Judge to Extend a Deadline for Mail-In Ballots to be Returned and Require Free Postage for the Ballots. They’re also Challenging a Provision in Florida Law Restricting Paid Workers from Collecting Mail-In Ballots. But Hinkle Rejected the Plaintiffs’ Argument that Requiring Voters to Pick-Up the Tab for Stamps amounts to an Unconstitutional “poll tax.” “Postage charged by the United States Postal Service, like the fee charged by any other courier or the bus fare for getting to the polls to vote-in-person, is not a tax prohibited by the Twenty-Fourth Amendment. And the requirement to pay postage also does not violate any other federal provision,” Hinkle wrote in Wednesday’s Five-Page Order, referring to the U.S Constitutional Amendment that Bars Poll Taxes. The Judge also swatted down Plaintiffs’ attempt at Extending the Deadline for Supervisors of Elections to Receive Mail-In Ballots. Under Current Law, the Ballots must be Received by 7 p.m. on Election Day. The Plaintiffs want Ballots Postmarked by 7 p.m. on Election Day to be Valid, as some States Allow.

Indiana: Marion County Superior Court Judge, Heather Welch, has Ordered Indiana Secretary of State, Connie Lawson, to Produce Documents to back up her Claim that the Public should Not see emails and other Communications about the Reliability and Security of Voting Machines because they could Jeopardize Cyberterrorism Security. Welch ruled Tuesday that Lawson did Not Provide Adequate Justification for Withholding the Materials and Ordered her to Produce some of the Documents for Inspection in Chambers. In a 27-page Ruling, the Judge Ordered Lawson to Submit the Materials that she had Withheld based on the Counterterrorism Exception so that she may Examine them in Private.

Kansas: The American Civil Liberties Union of Kansas Sued Kansas Secretary of State, Scott Schwab, in Shawnee County District Court seeking a Court Order that would Force him to Release the Names of People who Cast Provisional Ballots or say whether their Votes were Counted. The ACLU wants the Provisional Voter Information from the 2018 General Election to be Released so it can help Kansas Voters Correct Defects on their Ballots, the Suit says. The Group intends to Submit similar Requests for the 2020 Primary and General Elections. “The law requires open records and transparency, and that applies to the public being able to figure out the reason people’s votes are not being counted,” said Lauren Bonds, Legal Director for the ACLU of Kansas.

Louisiana: U.S. District Judge, Shelly Dick, of Baton Rouge has Thrown-Out a Lawsuit Challenging Louisiana’s Emergency Plan for its July Presidential Primary and August Municipal Elections, a Plan written in response to the Coronavirus Outbreak. Two Separate Lawsuits filed in Baton Rouge Federal Court argued the Plan didn’t go Far Enough to Protect People from the Virus. U.S. “The court rejects plaintiffs’ Contention that they are being ‘forced to choose’ between their health and voting,” Dick wrote. The Judge wrote in her Decision that the Lawsuits’ Plaintiffs “fail to adequately allege that there has been, or will be, an impairment of the right to vote attributable to state action.” “The potential presence of the virus in their polling place is not a legal impairment of their right; it is an epidemiological reality to which state officials have responded, not by impairing voting rights, but by expanding them,” Dick wrote.

Michigan: Michigan Court of Claims Judge, Cynthia Stephens, Denied a Request to Halt Secretary of State Jocelyn Benson’s Mailing of Absentee Ballot Applications to All Registered Voters ahead of August Primary and November General Elections. Nevin Cooper-Keel, Yvonne Black, and Serial Litigant Robert Davis, argued Benson was Barred from Sending the Applications by State Law and Court Precedent Prohibiting Elected Officials from Mailing Unsolicited Absentee Ballot Applications. But Stephens Argued those Rules don’t Reflect the Loosened Voting Restrictions enacted under a Voting Rights Initiative Approved by Voters in 2018. And those Cases, Stephen said, only spoke to “local elections officials,” not the Secretary of State.

Minnesota: U.S. District Court Judge, Eric Tostrud, Declined to give his blessing to a Consent Decree Temporarily Waiving Minnesota’s Requirement that Absentee Voters get a Witness to Sign their Ballots, less than a week after a State Judge Approved a Similar Agreement. The Decision from the Bench was hailed by Republicans, who Raised Alarms when Ramsey County Judge, Sara Grewing, Approved a Separate Consent Decree Waiving the Requirement last Wednesday. That Order remains Intact and it’s Unclear whether Tostrud’s Decision will Impact it. According to Courthouse News Service, Tostrud’s Refusal to Sign a Similar Consent Decree is the Latest Development in a fast-paced Case brought by the League of Women Voters of Minnesota seeking to Overturn the Witness Requirement, which Requires would-be Absentee Voters to get another Minnesota Voter or a Notary Public to Sign their Ballot. The Voting Rights Group has Argued the Provision could Prevent Immuno-Compromised Voters or Others worried about Covid-19 from Safely Voting.

Missouri: The Missouri Supreme Court issued a Decision on Tuesday, involving Absentee Voting, Ruling that a Lawsuit that aims to Allow All Missourians to Cast Absentee Ballots without Notarization in 2020 can Proceed. The Supreme Court is sending the Case back to Cole County Circuit Judge. Jon Beetem. The Decision means the Lawsuit from the NAACP of Missouri and the ACLU of Missouri can Proceed. The Circuit Court Dismissed the Lawsuit, finding that the Plaintiffs Failed to state a Claim on which Relief could be Granted. The Supreme Court Reversed that Decision, finding the Plaintiffs had Stated a Claim and Remanded the Case to the Circuit Court so the Parties can Proceed.

New Jersey: U.S. District Court Judge, Michael A. Shipp, instructed County Boards of Elections Statewide to “presume” that Ballots Received for the July 7th Primary with Questionable Signatures came from the Correct Person. No Ballot should be Rejected “unless there is a clear discrepancy that cannot be reasonably explained.” “When verifying signatures, evaluators should keep in mind that everyone writes differently and no one signs their name exactly the same way twice,” Shipp said in a Ruling Issued on Wednesday. “Some variation in signatures is to be expected.”

Pennsylvania: The Pennsylvania NAACP Sued the State demanding an Overhaul of the Electoral System before November because, it said, the System in place for the June 2nd Primary was Not Equally Accessible and Disenfranchised Black and Hispanic Voters. Among the Changes the Civil Rights Group seeks are Stricter Limitations on how many Polling Places a County can Close, Better Notice of Changes to Locations, In-Person Early Voting, Automatic sending of Mail Ballot Applications to All Voters, and Universal Use of Hand-Marked Paper Ballots at Polling Places.

Tennessee: The Tennessee Supreme Court Ruled Wednesday that it will Not Block a Judge’s Order offering a Vote-by-Mail Option to All Eligible Voters during the Coronavirus Pandemic while the State Continues to Appeal. The Tennessee High Court did Agree with the State’s Wish to Fast-Track the Appeal without a Lower Appellate Court considering it. But a Majority of Justices Voted Against Stopping the Absentee Voting Expansion Pending Appeal, dealing a Blow to the State’s Efforts to Unravel the Expansion as the Aug. 6th Primary approaches.










NYC Wins When Everyone Can Vote! Michael H. Drucker