Voting Blogs: 15 States File Amicus Brief Seeking Clarification on NVRA, Non-Voting and List Maintenance | Election Academy

Fifteen states have filed an amicus curiae (“friend of the court”) brief in the U.S. Supreme Court asking it to hear a case in order to clarify if and how states may use evidence of non-voting as a factor in removing voters from the rolls. The question stems from an Ohio case I wrote about last April. There, plaintiffs challenged the state’s “supplemental process” for list maintenance, which uses failure to vote over a two-year period as a trigger for mailings seeking confirmation that the voter still wishes to vote. The allegation is that the use of non-voting as a trigger violates the National Voter Registration Act (NVRA), which expressly prohibits the removal of voters simply for failure to vote.

Delaware: Bill would ease restrictions on absentee ballots in Delaware | Delaware First Media

A Delaware lawmaker introduced a bill this week that would make it easier to vote by mail. Representative Earl Jaques (D -Glasgow) wants to remove language in the state constitution that requires voters show a valid excuse for obtaining an absentee ballot. And that’s going to be an uphill battle. Since its a constitution change, he needs approval from 2/3 of the General Assembly in two consecutive two-year sessions, which means he needs Republican votes. And that could be a tall order. Republicans blocked Jaques’ last attempt to do the same thing in 2015, saying it would increase voter fraud.

Florida: Ex-felons challenge voting rights restrictions in lawsuit | Reuters

Seven former felons sued Florida Governor Rick Scott and other state officers on Monday seeking to have their voting rights restored, claiming their disenfranchisement in the state is unconstitutionally arbitrary. Florida is one of four states that strip all former felons of their voting rights. The class action lawsuit filed in the U.S. Northern District of Florida by the non-partisan Fair Elections Legal Network takes aim at the process by which they can seek to regain their voting rights. Measures adopted in 2011 by Scott and other Republican state leaders require ex-felons to wait for five to seven years after completing their sentences before they can apply to regain their vote. Fewer than 2,500 petitions for voting rights restoration have been approved since Scott took office in 2011, while the backlog of applications stands around 10,500, the lawsuit said.

Georgia: Experts push paper ballot trail after alleged breach of Georgia data | Atlanta Journal Constitution

A group of 20 computer scientists and security experts called on Georgia to overhaul its elections system and begin using a system with a paper audit trail, saying it would assure accuracy and public confidence following an alleged breach of confidential data that could affect millions of Georgia voter records. In a letter sent Tuesday to Georgia Secretary of State Brian Kemp, the group acknowledged that the breach is now under federal investigation and that much is still unknown. But, it said, potential findings “could have dire security consequences for the integrity of the technology and all elections carried out in Georgia” depending on their severity. “While we understand that this investigation is ongoing and that it will take time for the full picture to emerge, we request that you be as forthcoming and transparent as possible regarding critical information about the breach and the investigation, as such leadership not only will be respected in Georgia but also emulated in other states where such a breach could occur,” the group said. Most members of the group are involved with the voting-accuracy organization Verified Voting.

Kansas: Report: Kansas Election Law Suppressing Turnout | KCUR

Kansas’ “strictest in the nation” election law may have been written with the intent to discriminate against certain groups of voters and should be reviewed by the U.S. Department of Justice to ensure that it doesn’t violate federal law, a civil rights panel says in a report issued Tuesday. The report, written by the Kansas Advisory Committee to the U.S. Commission on Civil Rights, says that the proof of citizenship and voter ID requirements imposed by a 2011 Kansas law “may impose a substantially higher burden than that which has been previously challenged in the U.S. Supreme Court.” Download the report from the Kansas Advisory Committee to the U.S. Commission on Civil Rights.

Nevada: Sandoval may veto automatic voter registration bill | Nevada Appeal

Gov. Brian Sandoval issued a statement Tuesday saying he may veto Initiative Petition 1, mandating DMV register voters when they get or renew a drivers’ license. The measure has now cleared both houses of the Nevada Legislature pretty much on party line votes and is on its way to his desk where staff says he will review the measure. “Nevada has a respected election system with a high percentage of registered voters and participant rate,” the statement says. “The state also recently reached an agreement that provides that it is in compliance with the Voting Rights Act.”

Texas: Analysis: Texas could find itself back in the voting rights penalty box | The Texas Tribune

Texas lawmakers intentionally discriminated on the basis of race when they drew redistricting maps in 2011, according to a long-delayed federal ruling delivered last Friday night. That could eventually force the state to redraw the districts for the 36 members of its congressional delegation. Three districts of those districts are invalid, the judges found, and reworking them could have ripple effects for the districts around them. But that business about “intentional discrimination” could turn out to be much more significant: The courts could order the state to get federal government permission for any future changes to its voting and election laws.

Texas: Voting map ruling has long-term impact | The Star-Telegram

Don’t believe Texas Attorney General Ken Paxton when he says it’s no big deal that a federal court ruled state legislators used racial gerrymandering to draw congressional districts back in 2011. He’s pulling your leg. Paxton is right that the Legislature replaced the 2011 voting map in 2013. He’s not quite right when he says there are “no lines to redraw,” because some of the problem districts have the same lines in both maps.

Wisconsin: Election officials setting stage to remove hundreds of thousands of names from the voting rolls | Milwaukee Journal Sentinel

Wisconsin election officials are setting the stage to remove hundreds of thousands of people from the voting rolls because they have died, moved or not voted in the past four years. The voters will be notified and will have a chance to keep themselves registered to vote. Wisconsin Elections Commission approved the plan Tuesday to send postcards to up to nearly 800,000 voters by June to tell them they will be removed from the voter rolls if they don’t update their information. Also Tuesday, the commission certified to the Legislature that it has put in place a new system allowing people to use an online portal to register to vote, provided they have a valid Wisconsin driver’s license or state ID card. The system is for registering only and voters still have to cast ballots at the polls, in clerks’ offices or by mail.

France: Government withdraws electronic vote over hacking fears | IT PRO

The French government has advised citizens living abroad that they won’t be able to vote electronically in the upcoming parliamentary elections due to fears of hacking. Over the course of the past week, French voters living abroad have been receiving emails from the French Foreign Ministry stating: “Due to the very high risk of cyber-attacks, the French authorities have decided, on the advice of the National Agency for Information Security, not to allow electronic voting for the parliamentary elections of June 2017.” No further information has been provided as to whether a specific risk has been identified and, IT Pro understands that even though the alert first went out on 6 March, not all those affected have been contacted so far. There are 1,611,054 French nationals living abroad, according to France’s Ministry of Foreign Affairs and International Development. … The upcoming French presidential elections, which begin on 23 April, aren’t affected, however, as electronic voting isn’t an option.

Ireland: Online voting to be considered in referendum for Irish abroad | The Irish Times

The Government will consider online voting as an option in the referendum granting voting rights for the Irish abroad, Minister for the Diaspora Joe McHugh has said. Mr McHugh told RTÉ that an options paper containing a range of suggestions will be published. “It will contain all the various permutations. Ultimately we hope to have a rational and informed debate to determine the best options.” The decision to hold a referendum, which was taken by the Cabinet last week and announced by Taoiseach Enda Kenny in the US on Sunday, builds on the findings of the convention on the constitution in 2013 which recommended that the constitution be amended to provide for citizens resident outside the State, including Northern Ireland, to have the right to vote at presidential elections.

India: CDAC working on electronic voting machines for voting from any place | Times of India

An electronic voting machine (EVM) that lets a person vote from the nearest polling booth anywhere in the country for a candidate in his constituency is what the Centre for Development of Advanced Computing is working on at present.
The outgoing director general Rajat Moona said, “We have submitted a proposal to the ministry. No work has been done as yet, and no talks have been held with Election Commission either.” Moona, on how the machine may work, said, “We are still researching. Probably, if a voter goes to the nearest polling station, he can tell the presiding officer his state, district and constituency he wants to cast his vote in. The presiding officer will key in the information into the EVMs which may show the list of candidates and party symbols in the constituency registered in the voter’s name and he can cast his vote.” On allegations of EVM tampering, Moona said, “The machine has no antenna to receive or transmit messages. Every machine goes through three mock tests and is kept in high security vaults.”

Netherlands: Dutch voting in election seen as barometer of populism | Associated Press

Dutch voters cast ballots Wednesday at polling booths across the nation in parliamentary elections that are being closely watched as a possible indicator of the strength of far-right populism ahead of national votes in France and Germany later this year. Two-term Prime Minister Mark Rutte’s right-wing VVD party was leading in polls ahead of the Dutch vote, with the anti-Islam Party for Freedom of firebrand lawmaker Geert Wilders a close second. Wilders voted amid tight security and unprecedented media attention at a school in a modern neighborhood on the edge of The Hague early in the day.

Zimbabwe: More Thumbs Down for Biometric Voter Registration | allAfrica.com

Opposition political parties have added their voice to growing calls for the abandonment of biometric voter registration (BVR) amid concerns the system could be prone to manipulation by hostile nations and untenable due to the country’s low Internet penetration. Lawyers and academics were the first to raise the red flag over the implementation of BVR last week, saying electronic voting could create challenges that may be used to discredit the electoral process. Opposition parties share similar sentiments. Renewal Democrats of Zimbabwe (RDZ) leader Mr Elton Mangoma called for the abandonment of the process.

National: Lawmakers eye cyber help for states | The Hill

Efforts are growing in Congress to give states more federal help on cybersecurity, amid heightened fears about the vulnerability of state data systems. A flurry of bills introduced this month would compel the federal government to share resources and assistance with state and local governments to fix cyber vulnerabilities and prepare for hacks. At least one of the bills deals specifically with securing voting systems in the wake of Russia’s cyberattacks on political organizations during the 2016 campaign. That bill, introduced by Democratic Reps. Gerry Connolly (Va.) and Jim Langevin (R.I.), would offer grants to encourage states to use newer and more secure voting systems. It would also give grants to states for boosting access to the polls. “In 43 of the 50 states, we’re dealing with outdated voting equipment more than a decade old,” Connolly told The Hill. “We had Russian hacking, and we want to make sure people can feel secure about voting.”

National: FEC earning congressional attention — for the wrong reasons | Center for Public Integrity

The Federal Election Commission — an agency of clashing commissioners, seething staffers and key vacancies — may soon face congressmen who wonder: Why’s the agency a basket case? Such a trip under Congress’ microscope could come in the form of a Committee on House Administration oversight hearing, something the FEC hasn’t endured since 2011, when super PACs were still novel and the now-seminal Citizens United v. FEC decision wasn’t yet two years old. A planned oversight hearing in 2014 never materialized. “It’s time,” Committee on House Administration member Barry Loudermilk, a Republican congressman from Georgia, told the Center for Public Integrity. “We should take the opportunity and have a re-evaluation.” An oversight hearing is “both urgent and necessary” and should be conducted “sooner rather than later,” said Jamie Fleet, a spokesman for Rep. Robert Brady, the committee’s ranking Democrat.

Florida: Group seeking voting rights for ex-felons files lawsuit against Gov. Scott | Orlando Sentinel

A national voting rights group filed a class action lawsuit against Gov. Rick Scott in federal court on Monday. The Fair Elections Legal Network, based in Washington, D.C., claims the method Florida uses to grant clemency to former felons is unconstitutional and wants voting rights restored to seven plaintiffs immediately. Scott’s office, meanwhile, defended the state’s clemency process. The complaint comes one week after a group led by Desmond Meade of Orlando appeared before the state Supreme Court in an attempt to move forward with a constitutional amendment restoring voting rights to non-violent former felons.

Florida: Elected secretary of state gets backing | News Service of Florida

House panel approved a proposed constitutional amendment Monday that could shift power in Florida’s executive branch. Rep. Gayle Harrell, R-Stuart, wants to convert the office of secretary of state into an elected Cabinet position, eliminating the governor’s power to appoint Florida’s highest elections official. The move would undo a change approved by voters in 1998 that strengthened the office of the governor, which shares power in many areas with three statewide elected officials who make up the Florida Cabinet.

Georgia: Democratic leader demands details on voter data breach | Atlanta Journal Constitution

The chairman of the Democratic Party of Georgia on Monday demanded that Secretary of State Brian Kemp accept help from the Department of Homeland Security after an alleged breach of confidential data that could affect millions of Georgia voter records. DuBose Porter also criticized Kemp for disclosing few details about the nature and origin of the attack, and he raised concerns that it could affect the April 18 special election to replace former U.S. Rep. Tom Price. “The security of — and confidence in — our voting system is the bedrock of American democracy,” Porter wrote. “It is your obligation to provide all Georgians with assurance that our voting system is sound and secure.” The Federal Bureau of Investigation launched an inquiry into the suspected cyberattack this month at the request of state officials after university staff told them records kept by the Center for Election Systems at Kennesaw State University may have been compromised.

Idaho: Bill to clamp down on special House elections advances | The Spokesman-Review

Legislation to change Idaho’s procedure for special elections when an Idaho member of Congress leaves office mid-term cleared a Senate panel on Monday, and headed to the full Senate. No such election has ever been held in Idaho history, but Idaho’s process for a special election for Congress drew attention in December when 1st District Rep. Raul Labrador was interviewed by then-president-elect Trump for a possible position as U.S. Secretary of the Interior. The law says the governor would declare an election date by proclamation, and anyone who wanted to would run, regardless of party. That opened the hypothetical possibility of a whole array of candidates from various parties running together for an open House seat from Idaho.

Louisiana: Judge Doesn’t Like It, but Upholds Voting Ban on Some Felons | Associated Press

More than 70,000 Louisiana residents on probation or parole for felony crimes will remain unable to vote, under a decision issued Monday by a reluctant Baton Rouge judge who said he disagreed with the prohibition in law but had to uphold it. State District Judge Tim Kelley called it unfair to keep thousands of people from voting if they’re working, paying taxes and following the law. But he said Louisiana’s constitution and a four-decades-old state law required him to continue denying the voting rights. “I don’t like this ruling. I don’t like it. It’s not fair,” Kelley said.

Montana: Mail-in Voting Bill Sent To ‘Kill Committee’ | MTPR

A bill designed to save county governments half a million dollars or more is facing a time crunch in the state legislature. It would allow them to conduct mail-in only balloting. If it’s going to have any impact on how voters select the state’s next U.S. congressman, it must pass out of what one lawmaker is calling a kill committee. Senate Bill 305 is getting its first hearing in the House at the end of next week. But the bill’s sponsor is unhappy that that’s going to happen in the judiciary committee. “I think the bill was put into judiciary in order to kill it,” says Sen. Steve Fitzpatrick, R-Great Falls.

Nevada: Voter registration bill headed to governor’s desk | Las Vegas Review-Journal

The Nevada Senate on Monday approved a citizen initiative to automatically register people to vote when they conduct certain transactions at the Department of Motor Vehicles. The 12-9 vote was along party lines, with independent Sen. Patricia Farley of Las Vegas joining Democrats to approve the measure. Democratic supporters said it would increase voter rolls in Nevada and engage more people in the election process. Republican opponents countered that the registration system works fine and that the initiative could lead to voter fraud.

New Hampshire: Pending storm stirs legal question over Tuesday elections | Associated Press

There was no calm before the storm, just lots of confusion. Local elections for most New Hampshire towns were scheduled for Tuesday, the day a nor’easter is expected. Many towns decided to postpone them, even though the secretary of state’s office said they couldn’t. Republican Gov. Chris Sununu, following a conference call with towns and the attorney general, strongly recommended Monday that the elections be held. “We think that’s a very important part of the process,” he said. “But given those differing opinions I don’t think we’re in a position to mandate that towns stay open.”

New Jersey: New bill would require New Jersey voting machines to leave paper trail | News 12

Four Democrats in the New Jersey Assembly have introduced a bill that would require voting machines to leave a paper trail of each vote cast. Assemblyman Andrew Zwicker says previous equipment failures and programming errors have resulted in costly disputes that cast doubt on election results. Zwicker says paper records would assure voters that their ballots are counted properly “We want to give people confidence that when they vote, their vote counts and that it went toward the person they were intending to vote for,” Zwicker says.

Texas: Voter ID changes clear Senate committee | Austin American Statesman

A unanimous Senate committee on Monday approved legislation to loosen several requirements while creating harsher penalties in the state’s voter ID law. Senate Bill 5 would codify most of the court-ordered changes to the 2011 law after a federal appeals court ruled last year that it discriminated against minority and poor Texans, infringing on the voting rights of about 600,000 registered voters who lacked a government-issued photo ID.

Texas: Texas lost a ruling over its congressional map. So what’s next? | The Texas Tribune

A three-judge federal panel’s recent ruling on Texas’ electoral maps could shake up state politics and carry national implications. The ruling may initially sound simple enough. Texas intentionally discriminated against black and Latino voters in drawing its 2011 congressional map, the majority found in a 2-1 ruling Friday night. More specifically: Three of the state’s 36 districts violate either the U.S. Constitution or the Voting Rights Act. But little is straightforward about redistricting, the once-a-decade process of rejiggering political boundaries to address the changing population. Friday’s ruling was no exception, simultaneously answering questions and raising new ones. “It’s a gigantic ruling, but it leaves a lot of uncertainty,” said Michael Li, a redistricting expert with the Brennan Center for Justice at New York University Law School. “It makes your head hurt.”

Virginia: Whoops! Sorry about that frigid camp-out, but ballot placement is a lottery | The Washington Post

Braving bitter cold, campaign staffers for state Sen. Bryce E. Reeves camped out all weekend in front of the state Board of Elections, determined to get his name listed first on the ballot for the June 13 GOP primary for lieutenant governor of Virginia. Sunday night, they got some company on the sidewalk. Staffers for gubernatorial hopeful Corey A. Stewart lined up behind them, confident for the next 12 bone-chilling hours that they, too, had snagged the top ballot position in their race. Under state code, name placement on primary ballots is determined by the order in which the requisite paperwork is filed. In the competition to get candidates top billing, playing out on the coldest weekend of the year, it seemed the race would go to the hardiest. But the frigid vigils were for naught.

Wisconsin: 17-year-olds voted illegally in Wisconsin primary | Associated Press

Dozens of 17-year-olds voted illegally across Wisconsin during last spring’s intense presidential primary, apparently wrongly believing they could cast ballots if they turned 18 ahead of the November general election, according to a new state report. Wisconsin Elections Commission staff examined voter fraud referrals municipal clerks said they made to prosecutors following the 2016 spring primary and general elections. The commission is set to approve the findings during a meeting Tuesday and forward a report to the Legislature.

Canada: Minorities and municipalities challenge Quebec’s new electoral map | Montreal Gazette

Even if Quebec’s chief electoral officer considers the issue closed, some minority and municipal leaders in Montreal are mobilizing to fight the province’s new electoral map. As the groundswell of opposition grows, some are talking about raising funds for a possible legal challenge to the new map, which west end politicians consider a stab in the back due to previous assurances it wouldn’t change. And the Greek community in Laval is in the same foul mood, saying the new map is splitting their community between two ridings. In fact, the new map has the community’s largest orthodox church, Holy Cross, in one riding while the parishioners are in another.