The Voting News Daily: Shelby Co. AL Voting Rights Act Challenge, Coffee Party Challenges CA “Top Two” Primary
CA: Voting rules remain vague [“Emergency Abesentee”] – Glendale News-Press
The City Council this week broached ditching so-called “emergency ballots” for last minute voters in favor of beefing up absentee vote-by-mail allowances, but stopped short of making any changes for the April 5 election. Glendale voters can request a vote-by-mail ballot up to seven days before the election, but after that deadline they can fill out an application for a so-called “emergency” vote-by-mail ballot up to Election Day. California election law allows for the late ballots for people who are disabled or who cannot make it to their precinct because of “unforeseen circumstances” — a vague term that city officials said essentially makes the application impossible to deny. Read More
A Coffee Party candidate running to succeed departing Congresswoman Jane Harman (CA-36) has filed a federal lawsuit to block the implementation of California’s new “Top Two” open primary. SB 6 will be used in a special election to replace departing Congresswoman Harman; current Secretary of State Debra Bowen is among the half dozen candidates who have declared their intention to run in the special election. Vote-by-mail ballots in that election could be cast in a matter of weeks. Unless an injunction is granted, voters will see a “no party preference” on the ballot for plaintiff Michael Chamness because the Coffee Party is not considered a “state recognized” political party. Under SB6, a “no party preference” label is applied to all minor-party candidates like Mr. Chamness and puts him at a disadvantage compared to Democratic or Republican candidates. Previously, minor-party candidates were allowed to use the ballot label of “Independent.” Mr. Chamness’ lawsuit challenges the constitutionality of Senate Bill 6 (SB 6), the law that implements Proposition 14’s “Top Two” Primary. The lawsuit argues that SB 6, which was passed by the Legislature in the middle of the night without opportunity for public comment, unfairly discriminates against and deprives minor-party candidates like Mr. Chamness of their fundamental rights. Read More
CO: Myers postpones testing of counting machine – Center Post Dispatch
In a Feb. 15 letter to election volunteers, Saguache County Clerk Melinda Myers postponed testing for the M650 that could destroy any remaining information about the Nov. 2, 2010 election. Denver attorney Rob Maguire, representing Aspen voting integrity activist Marilyn Marks in a Colorado Open Records Act (CORA) suit filed Feb. 11, asked Myers and County Attorney Ben Gibbons to postpone the testing last week so that any possible data could be preserved. In the letter Myers wrote: “Yesterday our office received word that a complaint has been filed with District Court by parties outside Saguache County to gain access to ballots and electronic data storage from the 2010 election. In light of this pending litigation, we are unable at this time to run tests on the M650 Ballot Scanner machine. So we will be postponing the testing indefinitely till this trail is over.”