The Voting News Daily: Public Opinion and Election law shocker, NY 26 absentee ballots, Acorn -Bill of Attainder

A national survey of the public’s attitudes towards basic voting rights would shock the activist community – the poll shows majority support (55%) for literacy tests…
Was Acorn defunding and “bill of attainder…an example of class warfare?”…
The University of Connecticut’s analysis of the state’s 2008 post election audit is out…NY 23 can Doug Hoffman un-concede?…its a short news day but we will catch up tomorrow, if you think we missed something please email us as ncvoter(at)gmail.com…

All this and more in today’s voting news below

AK: Court ruling reverses Haines election (decision on approved write-ins)
Nov 16, 2009 Five forlorn questioned ballots have been counted, and Haines has a new borough assemblyman.

Judge Patricia Collins’ decision to accept the five ballots means write-in candidate Daymond Hoffman has bounced from losing the election to Gary Lidholm by two votes to winning by three. The ballots in question included two votes for “D. Hoffman,” one for “Hoffman,” and two absentee ballots that arrived without postmarks.
http://www.alaskadispatch.com/news/politics/2935-court-ruling-reverses-haines-election

CA: Lawyer Who Wrote Voting Law Sues & Collects, as Gov’t Officials Steam Over $4.3M Won
Nov 16, 2009. Only one legal group in California is suing to enforce the state’s unique voting rights law. And a key attorney in that group helped draft it and get it enacted.
…
the California statute. It is intended to protect minority candidates from being shut out of the political process by at-large elections that dilute the power of minority voting districts.

But all of the litigation brought under the voting rights law was initiated by Rubin or Avila and pursued by attorneys working with them, the AP reports. While there is nothing illegal about that, it has been another aggravating factor in an already-annoying situation to those defending the litigation.
http://www.abajournal.com/news/lawyer_who_wrote_law_
sues_collects_as_govt_officials_steam_over_4.3m_won/
or use this http://twi.cc/wMSq

CO: IRV still fails after all of the provisional ballots counted
November 17, 2009
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The advisory question, although split nearly down the middle, will likely compel City Council to place a binding charter amendment question on a future ballot.
http://www.aspendailynews.com/section/home/137664

CT: Analysis of the Connecticut November 2008 post-election audit
The University of Connecticut’s Voting Technology Research Center has recently made available the results of their analysis of the State of Connecticut’s post-election audit of the November 2008 election
http://electionupdates.caltech.edu/?p=2997

FL: Anthony Westbury: Today is election day in Fort Pierce, again
November 17, 2009…Today’s election may not even be legal, and it’s conceivable Perona could be declared ineligible if he prevails.

His failure to step down from the Fort Pierce Utilities Board while running for the City Commission has prompted two formal complaints to the 19th Circuit Court.
http://www.tcpalm.com/news/2009/nov/16/no-headline—sl_anthcol/

NY: NY-23: Absentees (Still) Point to a Democratic Win
11/16/09
http://washingtonindependent.com/68016/ny-23-absentees-still-point-to-a-democratic-win

NY: Hoffman wants a do-over
Doug Hoffman has fanned the flames surrounding the New York 23 special election, telling Glenn Beck yesterday that he would “un-concede” the election, “if that’s possible.”

Problem is, it’s not possible – or at least won’t affect the seating of Rep. Bill Owens (D-N.Y.) — unless the New York Board of Elections certifies Hoffman as the winner of the race.

Verified Voting Blog: Enfranchising Military Voters: Michigan Legislators Protect Verifiable, Secret Ballots

In a move to enfranchise soldiers deployed overseas, the Michigan House of Representatives has passed legislation that would allow blank absentee ballots to voters overseas by fax or e-mail. If House Bill 5279 passes the Senate and becomes law, local election officials will be able to send and receive applications for absentee ballots via fax or e-mail, and also be able to send blank absentee ballots to voters electronically. Voters will then print, mark and send the completed physical ballots to their local Michigan election officials. H5279 passed the House unanimously on November 5. Senate committee action is likely in December, according to Emily Carney, an aide to Senate Campaign and Election Oversight Committee chair Sen. Susan McManus.

House Bill 5279 implements a central recommendation of the Pew Center on the States's January 2009 report "No Time to Vote". The Pew report stated that Michigan currently does not allow overseas and military voters sufficient time to vote because ballots have to be sent and received via postal mail. The Pew Center recommended that Michigan allow election officials to e-mail blank absentee ballots to overseas and military voters, and accept completed ballots beyond the current election-day deadline.

Verified Voting Blog: Email Ballots – A Threat to the Security and Privacy of the Military Vote

Last week  the state Massachusetts, intending to improve military voters access to the ballot while serving overseas, approved a law which throws the integrity and security of those ballots into question by allowing their return by email. The original bill contained excellent provisions which would have helped solve one of the biggest problems facing overseas military personnel - timely receipt of absentee ballots. Currently, absentee ballots are sent by conventional mail, which can take two weeks to reach military voters. The problem is further exacerbated when soldiers are deployed in the field where they may not receive mail for long periods of time.

In its original form, the Massachusetts bill allowed military only to acquire an absentee ballot online. The downloaded blank ballot could then be printed, voted on and sent back, greatly enhancing the availability of ballots. But, in an ill conceived last minute addition, the bill was modified to also allow return of voted ballots by email. In terms of voter privacy and ballot security, email return of ballots is one of the worst choices and should never have been inserted in the bill let alone been approved. It's not like the data wasn't available. All lawmakers needed to do was consult a 2008 NIST research document which lays out the problems with email return of ballots in gruesome detail.