The Independent View: Electionline Weekly September-21-2017

Legislative Update

Federal Legislation:

Senator Tammy Duckworth (D-IL) has introduced the Pre-Registration of Voters Everywhere Act (PROVE). The Bill would enable Citizens who are 16 and Older to Pre-Register to Vote in all 50 States and the D.C. The Legislation is also Sponsored by U.S. Senator Chris Van Hollen (D-MD) and a Companion Bill was introduced in the House of Representatives by Congressmen Don Beyer (D, VA-8th District) and Keith Ellison (D, MN-5th District).

Senator Jack Reed (D-RI) has introduced a Bill that would Move Election Day from the First Tuesday after the First Monday in November to the First Full Weekend in November. “Americans should not have to choose between their workday and family responsibilities and participation in our democratic process,” Reed said. “It is time for Congress to update the law and make it more convenient for Americans to cast their ballots.” States would still be allowed to offer Alternative Voting Options, such as Early Voting and Voting by Mail, under the Proposal.

California: The San Mateo County Board of Supervisors have approved moving the County to the New Elections Model proposed under the California Voter’s Choice Act. The County has been selected by the State Legislature as one of 14 Pilot Counties Statewide authorized to Conduct All-Mailed Ballot/Vote Center Elections under SB 450. On September 12, 2017, the San Mateo Board of Supervisors authorized the Chief Elections Officer to Proceed with the Implementation of the Act and conduct the June 5th, 2018 Statewide Direct Primary Election as the First Election held under the Act.

Lawmakers have approved a Bill that would Move the State’s Presidential Primary to March. The Bill now Heads to Gov. Jerry Brown’s (D) Desk. He has not indicated whether or not he will Sign it.

Maryland: Although the College Park City Council Voted 4 to 3 to allow Non-Citizens to Vote in Local Elections, apparently a Charter Amendment needs Six Votes of the Eight Member Council to be Approved. That Rule was changed in June, and the Mayor and Council Members said they neglected to Note that they needed Six Votes. “We each accept our responsibility for not realizing the impact of the June charter amendment on Council procedures and we apologize to our residents,” the Mayor and Council said in a Statement.

Rhode Island: During a Special Session, both Chambers of the Legislature approved a Bill that will allow the State Board of Elections to develop a Program for Auditing the Initial Results of Voting Machines to ensure their Accuracy. The Governor is expected to Sign the Bill.

Legal Updates

Federal Litigation: The U.S. 7th Circuit Court of Appeals heard arguments last week in a Case about whether or not Residents of Guam, Puerto Rico, and the U.S. Virgin Islands should be allowed to Vote Absentee in their former U. S. State of Residence. The Case was brought by Seven Illinois Residents who argue that because Federal Law allows former Residents living in the Northern Mariana Islands to Vote via Absentee and Illinois Law allows those in America Samoa to Vote as well, it should be Extended to All Territories.

Kansas: A Three-Judge Panel of the Kansas Court of Appeals hear arguments this week over a Suit filed by Statistician Beth Clarkson who wants to use Audit Tapes of the State’s Voting Machines to determine their Accuracy. Clarkson is asking the Judges to Order a Recount of Votes on Ballot Questions in the 2014 Election using the Paper Tapes generated by the Voting Machines.

Maine: A Federal Judge has Dismissed a Lawsuit filed against the City of Augusta by a Maine State Prison Inmate who said he was Denied his Right to Vote in the 2016 Presidential Election. The Complainant, Raishawn Key, 35, sought the Dismissal himself, saying he did not have the Resources to Pursue it while Incarcerated.

Michigan: Plaintiffs in an ongoing Suit against the State’s Ban on Ballot Selfies have filed a Motion to reply in their fight to Amend a Complaint they filed a year ago against Michigan Election Rules that Prohibit People from Photographing a Marked Ballot. The Amended Complaint would not only argue the Ban on Ballot Photographs, which carries a maximum Punishment of 90 Days in Jail, a $500 Fine, and Forfeiting One’s Ballot, is a Violation of Free Speech, but of Voting Rights, too.

New Hampshire: The American Civil Liberties Union has filed a Lawsuit on behalf of Three Voters against the State, for the its Challenging Process for Validating Signatures on Absentee Ballots. The Suit alleges that current Law allows Election Officials to Reject Ballots without giving Notice to the Voter.

New Mexico: In a response to a Lawsuit filed with the New Mexico Supreme Court urging it to Require the City of Santa Fe to Comply with a 2008 Voter Initiative to use Ranked-Choice Voting, the City’s Attorney wrote that the City is neither Obligated nor Prepared to Implement Ranked-Choice Voting by 2018. But the Process has Passed the Voting Equipment's Certification Test.

North Dakota: Dale Monte Larsen who was Charged with Voter Fraud, has reached a Diversion Agreement which calls for Larsen’s Prosecution to be Suspended for Six Months as long as he doesn’t Commit a Crime or Infraction and follows through with Neuropsychological Testing, his Case may be Dismissed. Larsen was Charged with Voting in Burke and Ward Counties, something Secretary of State Al Jaeger said hasn’t happened in the State since at least 2000.

Ohio: Seven People have been Indicted on Illegal Voting Charges in the 2012, 2015, and 2106 Elections. The Indictments are for People who Illegally Registered to Vote by Declaring they were U.S. Citizens on their Voter Registration Forms.

In Ohio Legal News, in their latest filings before the U.S. Supreme Court, the ACLU and Demos argue that Targeting Registered Voters who Fail to Vote in a Two-Year Period for eventual Removal from the Registration Rolls is a Tool for Voter Suppression and Violates the Purging Requirements in the National Voter Registration Act, Section (e).