The Voting News Daily

The Voting News Daily: CO Secretary of State sues Saguache County Clerk, Voter ID bills across the nation

CO: Gessler sues Myers – Center Post Dispatch

Secretary of State Scott Gessler answered citizens’ questions and objections, interjected jokes and qualified election perceptions at length during a two-hour town hall meeting in Saguache Wednesday. A good-sized crowd listened intently as Gessler explained the role his office played in the election, separated his approach to the election problems the county has experienced from that of predecessor Bernie Buescher, and outlined how he plans to move forward. During the meeting, Gessler cleared up some misconceptions about election-related issues, left some questions pending and gave a frank “I don’t know” when he was not sure where answers were concerned. But the hand count most of his audience hoped to hear him announce will be delayed indefinitely. Full Article

Across country, GOP pushes photo ID at the polls – The Associated Press

Empowered by last year’s elections, Republican leaders in about half the states are pushing to require voters to show photo ID at the polls despite little evidence of fraud and already-substantial punishments for those who vote illegally. Democrats claim the moves will disenfranchise poor and minority voters — many of whom traditionally vote for their candidates. The measures will also increase spending and oversight in some states even as Republicans are focused on cutting budgets and decreasing regulations. Tennessee Secretary of State Tre Hargett, a Republican, said he believes his state’s proposed photo ID law will increase citizen confidence in the process and combat fraud that could be going undetected. “I can’t figure out who it would disenfranchise,” Hargett said. “The only people I can think it disenfranchises is those people who might be voting illegally.” Hargett said the measure currently moving through Tennessee’s legislature — now controlled by Republicans — would accommodate people who don’t have IDs by having them sign oaths of identity, which provide more prominent warning to potential fakers than the standard name-signing. Party leaders advanced several ID proposals this week with successful votes in Alabama, Arkansas, Kansas, Ohio and Texas. Full Article

The Voting News Daily: Battle over Saguache CO ballots continues, DC Court decision may affect TX Voter ID proposal

CO: Gessler, clerks battle over ballots in Saguache County | Real Aspen.com

A disputed election in south-central Colorado is now in the hands of a grand jury that is reviewing allegations that the clerk and other officials committed crimes when they tallied the votes. The officials under investigation stood to benefit from the election’s outcome — most notably Saguache County Clerk Melinda Myers — who, along with County Commissioner Linda Joseph, at first lost but then won their races after Myers declared the races had to be retabulated due to a technical glitch. The snafu hasn’t just initiated secret court proceedings. It’s also knocked over a political hornet’s nest. “Family style voting” in Saguache County caught the attention of the Colorado Elections Division, which noted in a December report that partitions were not used Nov. 2 to protect voter privacy. It is but one example of problems that plagued the county’s disputed general election. The Colorado Secretary of State’s Office initially claimed it didn’t have jurisdiction in the races, despite its heavy involvement in the election in question. A secretary of state official was present on election night — when Myers and Joseph were thought to have lost — but no one from the state directly oversaw the retabulation that changed the outcome. State officials did, however, remain in regular communication with Myers and provided her with guidance on how to proceed. The office also sent two officials to Saguache County two weeks after the election to conduct an audit. The secretary of state also rejected the county election canvassing board’s request to hand count the machine-plagued races. Full Article

TX: Impending decision by D.C. judge has implications for voter ID in Texas – The American Independent

Though Republican lawmakers remain unswayed by Texas Democrats’ arguments that disenfranchising minority voters should outweigh unsubstantiated fears of polling place voter impersonation — the U.S. Department of Justice, and possibly the courts, will consider those contentions in light of the Voting Rights Act (VRA) before allowing a voter photo identification law to take effect. That is, unless a U.S. District Court judge in Washington, D.C., issues an opinion — which is expected to come soon — that strikes down the part of the VRA requiring Texas and other states, mainly in the South, to seek federal approval before enacting election laws with the potential to adversely impact representation of racial or ethnic minorities. That includes voter photo ID. “During one of the telephonic conferences, Judge [John D.] Bates indicated that he would like to have this case settled by the first of April,” said Edward Blum, whose organization Project on Fair Representation is assisting the plaintiffs in Shelby County, Alabama v. Holder. “So we’re all just eagerly awaiting.” “If the court in Shelby County strikes down either Section 4(b) or Section 5 [of the VRA], and the judge does not stay his opinion, then Texas and all other states subject to Section 5 will no longer be required to preclear,” Blum said. “That doesn’t mean the DOJ doesn’t have the power to come in anywhere and sue a jurisdiction or sue a state under various constitutional statutory provisions to prevent discriminatory election practices from going into or staying in effect.”

The Voting News Daily: Kansas Senate, Ohio and Texas Houses approve Voter ID Bills

KS: Senate Approves Voter ID Bill – WIBW.com

The Kansas Senate has approved a bill containing Secretary of State Kris Kobach’s proposal to require voters to show photo identification at the polls. The vote Wednesday was 36-3. The Senate version of the bill still includes Kobach’s proposal to require people registering to vote for the first time in Kansas to prove they’re citizens, but that would be delayed until 2013. Kobach and the House wanted that provision to take effect next year. The Senate’s version of the bill also omits proposals from Kobach to increase penalties for election crimes and to give the secretary of state’s office the authority to file and prosecute voter fraud cases in state courts. Read More

OH: Amid rancor, voter-ID bill moves to Senate | The Columbus Dispatch

With Democrats invoking racist images of the nation’s past and accusing Republicans of trying to disenfranchise minorities and the poor, the Ohio House voted yesterday along party lines to impose a new requirement that voters show a photo ID at the polls. House Speaker William G. Batchelder, R-Medina, said he was “a little bit embarrassed by the floor debate,” which featured passionate speeches mixed with repeated mentions by Democrats of Jim Crow laws and how the bill represents a modern-day poll tax. Read More

TX: Emotional voter ID bill debate ends in passage – statesman.com

Democrats in the usually congenial Texas House gave heated speeches Wednesday – sometimes with raised voices – against the Republicans’ voter ID bill, which they said discriminates against minorities. But after a long day and night of debate, Democrats just didn’t have to votes to significantly change or derail the measure. The bill passed 101-48. The Senate passed its version earlier in the legislative session. Both chambers were tasked by Gov. Rick Perry with making voter ID legislation a priority. The measure would require Texans to show a valid photo ID – such as a driver’s license or state-issued ID card, a military ID or a passport – to vote. The measure in the House is more stringent than the Senate version. Speaking against the bill, Rep. Rafael Anchía, D-Dallas , said there is “intentional disenfranchising of African Americans and Latinos” in the bill.  Full Article

The Voting News Daily: Voter Fraud App assisting voter fraud?

American Majority’s “Voter Fraud” App: It’s a Tool for Election Law Violations | The Awl

The last time we heard from the corporate-funded Washington D.C.-based “free market” candidate seed organization American Majority, it was training candidates to assume local offices like school boards in Wisconsin (and elsewhere) to better implement the “tools” that legislators like Governor Scott Walker have fashioned. Well, it appears American Majority has a new endeavor to help you “take control of your elections.” The American Majority Action Voter Fraud App. Except, on its way to stopping voting fraud, it seems the app may encourage election law violations. As we already know from a video featuring the group’s Director of New Media Strategy, Austin James, instructing seminar attendees how to vote down liberal books on Amazon.com while at the same time voting up conservative books, American Majority likes technology. So it’s no surprise that “Just in time for Election Day,” American Majority started offering “the nation’s first mobile application to help identify, report and track suspected incidents of voter fraud and intimidation” and “help you report violations at the election booth and serve to uphold the democratic process.” (iPhone, Blackberry, Android). And it’s free! Full Article

The Voting News Daily: ES&S to pay Cuyahoga $200K, Military Voters Bill stalled in Colorado

OH: Ballot scanning company Election Systems & Software agrees to give Cuyahoga County $200,000 | cleveland.com

A maker of ballot scanners will pay Cuyahoga County more than $200,000 because its equipment could not scan larger-sized ballots. The settlement approved Tuesday between Election Systems and Software Inc. and the county Board of Elections covers the county’s costs of printing extra pages of smaller ballots in 2009 and last year, along with extra staff costs to test the scanners and for repairs to ballot boxes the county bought from ES&S. “We got what we thought we could get,” Assistant County Prosecutor Dave Lambert told the elections board Tuesday. Elections Board Director Jane Platten said the issues were all caught before election day and no votes were affected. The county has avoided the problem by using smaller ballots, she said. Platten also said the company has made software changes to handle larger ballots which should be approved for use by the fall. Read More

CO: Overseas military voter bill stalled in Colorado House – The Denver Post

A Democratic overseas military voter bill is in limbo in the House, but the reason it’s stalled depends on who’s talking. Rep. Claire Levy, D-Boulder, said when she asked about her bill she was told that Republicans, who took control of the House in November after six years in the minority, are frustrated with Democrats for “locking down” and voting against their proposals. But Rep. Jim Kerr, R-Littleton, who chairs the committee hearing House Bill 1219, said the secretary of state says the bill is flawed and unnecessary, and Levy knows that. Read More

CO: Gessler’s proposal for voters draws fire – The Longmont Times-Call

Secretary of State Scott Gessler and critics of his push for citizenship verification in Colorado’s voter-registration rolls agree on one thing: No one who’s not a U.S. citizen should be casting ballots in Colorado elections. They disagree, however, over Gessler’s latest proposal for a state law he says he needs to identify people who may not be citizens and block them from voting until they can prove that they are. Earlier this month, Gessler issued a report in which he and his staff said that as many as 11,805 of Colorado’s nearly 3.3 million registered voters aren’t eligible to vote. Those 11,805 individuals got or renewed Colorado’s driver’s licenses since 2006 using documents the state requires of noncitizens seeking licenses. Full Article

The Voting News Daily: Estonian Court Rejects E-Voting Challenge, Technical Problems in Monroe County Indiana

Estonia: Supreme Court Rejects Last Voter Complaint – ERR

The Supreme Court’s Constitutional Review Chamber ruled on March 21 that the petition by student Paavo Pihelgas to invalidate the electronic voting results in the March 6 parliamentary elections lacks substance. Pihelgas sought nullification of the election result on the grounds that the software used in the electronic voting was flawed and could make it possible for a virus to block a vote without the voter knowing that any interference had occurred. To prove his case, Pihelgas conducted a series of experiments with the participation of several voters who had been informed by him of the nature of the test and had given express consent to participate. According to the law, the Supreme Court can nullify election results in case a violation of voter rights has been established that had or may have had a significant effect on the election outcome. Therefore the Chamber set out to determine whether a violation of Pihelgas’s rights had occurred. Full Article

IN: Technical woes force Monroe County to alter primary plan – chicagotribune.com

A southern Indiana county’s plans to move from electronic voting to paper ballots is being hampered by possible technical problems with the ballot-counting machines officials had hoped to have in place for the May primary. Those technical concerns, including whether the machines might misread ballots that are longer than standard sizes have forced Monroe County to alter its plans for the primary as a state weighs whether to certify the machines from Omaha, Neb.-based Election System and Software. The county had finalized the nearly $1 million purchase of the new equipment in December, but county clerk Linda Robbins said the county has not taken delivery of the equipment because of the technical issues. “We decided we would not accept delivery of any of the equipment until we can be assured we can have a really good election for the Monroe County voters,” she told The Herald-Times. Full Article

The Voting News Daily: House committee questions future of EAC, MIT asks “How Long Before Hackers Steal Votes?”

CO: Gessler sues for access to Saguache ballots – The Denver Post

Secretary of State Scott Gessler filed a lawsuit Wednesday seeking access to voted ballots from the 2010 Saguache County general election, arguing the county clerk doesn’t have the power to stop him from “inspecting and reviewing all aspects of the election process.” The complaint, filed in the 12th Judicial District in Saguache, asks a judge for an injunction requiring Saguache County Clerk and Recorder Melinda Myers to “obey the secretary’s order” to make the ballots available. Gessler announced Tuesday that his staff would travel to Saguache this week to lead a hand review of three races, including Myers’ re-election bid. But Myers threw a wrench in Gessler’s plan late Tuesday, when she e-mailed a letter to his office indicating she wouldn’t unseal the ballots without a court order. Read More

ID: When to count absentee ballots subject of committee hearing « IdahoReporter.com

How many hours before an election should county clerks be able to open ballots? Should clerks be limited to open ballots only on Election Day? Those are the questions that came before the House State Affairs Committee Thursday and panel members couldn’t decide, so they moved to strip any time frame references from the legislation. The time frame provision was only one element of a mini-elections reform bill pitched by the secretary of state’s office. The bill also includes clarification for identification requirements for voting on Election Day. Read More

KS: Weaker voter ID bill passes in Kansas Senate – KansasCity.com

The Kansas Senate Ethics and Elections Committee on Thursday passed a weakened version of Secretary of State Kris Kobach’s bill to require a photo ID and proof of citizenship for voters. Senators stripped HB 2067 of provisions that would have given Kobach the authority to criminally prosecute allegations of voter fraud. The committee also voted to delay until 2013 the start date at which new voters will have to provide proof of citizenship when they register. Kobach said the action virtually ensured that photo ID will be required when voters go to the polls or send in absentee ballots in 2012. Read More

NM: Judge says AG cannot prosecute case against former secretary of state | KOB.com

A district court judge has ruled the New Mexico Attorney General’s office cannot prosecute a case against the former secretary of state and three other defendants. District Court Judge Pat Murdoch ruled a new prosecutor must be found. Former Secretary of State Rebecca Vigil-Giron and three others are accused of misusing taxpayer money in a 2006 ad campaign to educate voters. Read More

NC: Voter ID Bill Stirs Legislative Passion – WFAE 90.7 FM

A bill in the legislature that would require North Carolinians to show a photo ID at the polls has become a flashpoint of controversy among lawmakers. The measure’s Republican sponsors say the bill aims to fight voter fraud and ensure that every vote is counted. But Democrats believe the proposal is a regressive measure aimed at keeping many of their supporters away from the polls.

The Voting News Daily: State fights over CO ballots, Debate over Photo ID in NC

AZ Senate Eliminates Spanish Election Material – Texas Observer

So this really isn’t about immigrants, undocumented or not. The folks in power in Arizona don’t want anything in their state that doesn’t look or sound like they do. This recent vote in the Arizona state senate proves the point. The bill, SB1490 proposed by Maricopa County Senator Steve Smith, bars the production of all government material in languages other than English. The Arizona Senate has approved it. The Bill, according to some observers, targets election material; specifically, according to the Yuma Sun, it is “aimed at the brochures mailed out before every general election by the Secretary of State’s Office detailing all the measures on the ballot as well as the recommendations of a commission on whether judges should be retained in office.” And apparently that’s the technicality on which Sen. Smith hangs his bill. He says his bill is legal because it only bars material mailed prior to an election. Opponents say that the Voting Rights Act of 1968 is clear on the matter. Read More

CA: Court hears appeal of San Francisco’s ranked-choice voting system – San Francisco Examiner

A lawyer for six San Franciscans who oppose The City’s ranked-choice voting system argued before a federal appeals court Tuesday that the procedure deprives them of their constitutional voting rights. “This case presents the issue of whether voters have the right to have their vote counted in the most important part of an election — that is when the winner is decided,” attorney James Parrinello told a panel of the 9th U.S. Circuit Court of Appeals in San Francisco. The six voters, led by former Board of Supervisors candidate Ron Dudum, want the appeals court to overturn a federal trial judge’s ruling dismissing their lawsuit. Read More

CO: State to fight over Saguache ballots – The Pueblo Chieftain

Colorado Secretary of State Scott Gessler will conduct a review of the Saguache County election that includes a hand count of the ballots — if he can get his hands on them. While that issue will be a matter for the courts to decide, Gessler came to town Wednesday night to explain the scope of a proposed review to roughly 60 county residents. Controversy over the Saguache election has persisted since Nov. 5 when County Clerk and Recorder Melinda Myers, with the blessing of the state, conducted a second count of the ballots to correct a computer error that counted mail-in ballots from a precinct twice, while excluding the precinct’s polling place tallies. Read More

CO: Common Cause throws weight behind Fort Collins’ ranked-voting campaign – The Denver Post

The Fort Collins ranked voting campaign today said Colorado Common Cause is backing the April 5 measure that would make ranked voting the norm in city elections. Ranked voting — also called instant runoff voting — allows voters to rank their candidates from their top to last choices. If a candidate with an absolute majority of votes, 50 percent plus one, isn’t determined in the first round of voting, the lowest ranked candidate is dropped from the ballot and those who picked that candidate as No.

The Voting News Daily: CO Clerk Denies SoS Access to Ballots, Voter ID Bills Debated in NM & NC

CO: Secretary of state, clerks battle over Saguache ballots – The Denver Post

What started as small-town suspicions of a “stolen” election has erupted into a fight between Secretary of State Scott Gessler and the state’s county clerks over whether voted ballots should be public records — and the issue appears headed to court. Gessler announced Tuesday his staff and local election judges will conduct a public hand review of ballots from the 2010 general election in Saguache County, where the attorney general’s office already is investigating allegations of election fraud. But in a letter emailed to Gessler late Tuesday, Saguache County Clerk and Recorder Melinda Myers, whose re-election would be one of the races reviewed, indicated she wouldn’t unseal the ballots without a court order. Read More

CO: Myers denies Gessler access to Saguache ballots – Valley Courier

Colorado Secretary of State Scott Gessler will speak to Saguache residents tonight (Wednesday) and answer questions about concerns stemming from races overturned in November after a voting machine allegedly malfunctioned. The town hall meeting with Gessler will consist “more of questions and answers,” press officer Rich Coolidge told the Center Post-Dispatch Tuesday. The meeting will begin at 5 p.m. at the Saguache Community Center and is expected to last until 7 p.m. But Gessler, who intended to announce a hand count of contested races in Saguache Thursday and Friday, will likely tell Saguache residents instead he will not be allowed to review the ballots. Read More

NM: Voter ID: Partisanship or common sense? – WRAL.com

It was standing-room only in House Elections today for the public comment period on H351, the Voter ID proposal. There was a lot of passion, some strong words and the occasional outbreak of applause, politely squelched by Chairman David Lewis. But overall, it went pretty smoothly. Contrary to fears some Democrats had expressed, the procession of 43 speakers seemed pretty evenly divided between opponents and supporters of the proposal. It was clear both sides had done some organizing work to get their people there. Read More

NC: Voter ID bill fuels passion and questions – CharlotteObserver.com

A bill that would require photo IDs for N.C. voters was slowed down Tuesday after a long, often-passionate hearing and a wave of challenges. But the bill – which supporters call a common-sense way to ensure the integrity of elections and which critics call unneeded and “a solution in search of a problem” – could reach the House floor soon. It has wide support among Republicans, who control the General Assembly. “The purpose of this bill is simply to restore confidence in the process and not to (deny) access,” said Rep. Tim Moore, a Kings Mountain Republican. Along with GOP Rep. Ric Killian of Charlotte, Moore is one of the bill’s chief sponsors. But critics said the bill would disenfranchise many voters who don’t have a picture ID. They said the measure would affect elderly, minority and disabled voters particularly hard. Read More

NC: Voter I.D. bill heads to House next week | Triangulator

Legislation that would require North Carolina voters to show photo I.D.

The Voting News Daily: Struggling States May Cancel Or Delay Primaries, Paper Ballots Still the Gold Standard

CO: Denver City Council endorses pay raise for elected officials – The Denver Post

After spirited debate Monday, Denver’s City Council voted 10-3 to tentatively approve a 6.6 percent raise for the next sitting council and every other elected official — an increase to be delayed for half of their four-year terms. The city is facing a $100 million budget shortfall for the 2012 budget and has a structural budget problem that, if not addressed, could balloon into a $500 million deficit by 2030. Many council members think the meager increase would not affect that problem and that denying a raise would be symbolic rather than practical. “The substance of passing this has virtually zero impact on the budget,” said council president Chris Nevitt. “I was sent here to do a job to get things done. I much more prefer substance over symbolism.” All 13 council positions, along with the mayor, auditor and clerk and recorder, are up for election May 3. Read More

FL: Disenfranchised West Palm Beach voters file lawsuit for new mayoral election – Palm Beach Post

Mayor Lois Frankel, Mayor-Elect Jeri Muoio and Supervisor of Elections Susan Bucher were among defendants named in a lawsuit Monday by an attorney seeking a new mayoral race. Attorney Nikasha Wells, who was paid as a consultant by candidate Paula Ryan during the election to help reach black voters, filed the lawsuit on behalf of Carmen Van Buskirk and Tiffany Green after 224 voters in a precinct off Haverhill Road were never told they lived in the city and could vote. Bucher said it was the city’s responsibility to inform the county that the land was annexed years ago by West Palm Beach and the voters lived in the city, not unincorporated county. Read More

IN: Daniels urges fast end to secretary of state’s voter-fraud case – The Indianapolis Star

As another key staffer fled the Indiana secretary of state’s office, Gov. Mitch Daniels called for a swift resolution to Charlie White’s voter-fraud case — and others called for White to quit. White’s spokesman, Jason Thomas, said in an e-mail that he resigned to “pursue other career opportunities.” Thomas, a former Indianapolis Star reporter who left in December to take the position of communications director with the incoming secretary of state, didn’t respond to follow-up questions. Read More

IN: 2nd resignation for beleaguered secretary of state; new deputy appointed – The Indianapolis Star

The secretary of state’s office lost another staffer today, as Charlie White’s chief spokesman quit. Jason Thomas quit to “pursue other career opportunities,” he said in an e-mail. Thomas, a former Indianapolis Star reporter who resigned in December to take the position with the secretary of state’s office, didn’t respond to several follow-up questions. Thomas’ resignation came after another top White staffer, deputy secretary of state and chief of staff Sean Keefer, abruptly quit Friday. Read More

ME: Portland won’t be counting on voting machines – The Portland Press Herald

Officials are looking at ways to handle Portland’s first mayoral election with ranked-choice voting, which the city’s voting machines aren’t equipped to handle.

The Voting News Daily: IN SoS pleads not guilty to voter fraud; FL candidate requests manual ballot review; KS lawmaker proposes ID compromise

CA: City Clerk Cites ‘Human Error’ for Ballot Miscalculation – West Hollywood, CA Patch

Simple human error caused ballot counters to overestimate the number of ballots still to be counted in the West Hollywood City Council election. That’s the word from City Clerk Tom West, who oversaw the counting Tuesday night. Read More

CA: Ranked-Choice Voting Ain’t Rocket Science – San Francisco News – The Snitch

We wrote earlier today about the headline-grabbing Chamber of Commerce poll that indicates San Francisco voters can’t figure out how ranked-choice voting works.

It’s an interesting survey. Somehow, the 500 San Franciscans queried understood enough about payroll taxes that they overwhelmingly support one in mid-Market. And they know what “earned revenues” means well enough to approve of the Recreation and Park Department chasing more of it. But the majority of the respondents don’t know if their vote “is counted” in a ranked-choice election. Read More

CA: An agenda as clear as 1, 2, 3 | San Francisco Bay Guardian

The main story ran front page above the fold, the big headline calling the seven-year-old voting system “a mystery” because the poll found many voters didn’t know precise details about how votes are tabulated. And even though the poll found “voters evenly split on whether they prefer the current system or a runoff,” according to the story, columnist CW Nevius writes that the poll shows voters “would prefer a two-candidate runoff.” Read More

CO: Keep it simple by voting down instant runoffs | Northern Colorado Business Report

November’s elections produced one clear majority: Voters fed up with political campaigns.

So an alternative that promises positive electioneering and a clear mandate from the people seems attractive. But ranked choice or instant runoff voting, on the April 5 Fort Collins ballot, is not the answer. Read More

FL: Caragiulo wins after recount, Clapp wants ballot review – City Beat – Sarasota Herald-Tribune – Sarasota, FL – Archive

Any citizen can request to see election ballots at the Sarasota County Supervisor of Elections office, but the results of the review, even if machine voting errors are caught, will not change the election

Clapp, who estimates he will pay up to $300 for election staff to review the ballots, said “voting machines have made mistakes before.” He said since he can’t get a hand recount, a ballot review is the next best thing. Read More

HI: Ballot Access News » Blog Archive » Hawaii House Passes Instant Runoff Voting Bill

On March 8, the Hawaii House passed HB 638 unanimously. It provides that in special Congressional elections, and county elections, Instant Runoff Voting will be used. Read More

IN: Not guilty is plea entered for Secretary of State White – southbendtribune.com

A Hamilton County court magistrate entered a not guilty plea Friday for Indiana’s top elections official, who was indicted last week on seven felony counts including voter fraud. Read More

IN: White targets prosecutors, news media | The Indianapolis Star | indystar.com

Charlie White’s first day in court was short and uneventful.

The Voting News Daily: Turning Back the Clock in FL, Judge Sentenced to 26 Years in KY, Estonian E Voting Architect Defends System

CO: Saguache County Clerk Myers refuses Denver Post request – Center Post Dispatch

Saguache County Clerk Melinda Myers received a Colorado Open Records Act (CORA) request Tuesday from Denver Post reporter Sara Burnett asking her to produce the ballots cast in the Nov. 2 election. In a response e-mailed on Tuesday, Myers reportedly denied Burnett access to the ballots. Burnett wrote an article on the election last week that ran Feb. 27 on the front page of the Denver Post. Saturday, the Post ran an editorial that called the failure of he Secretary of State’s Office under Bernie Buescher to supervise the Nov. 2 Saguache election process in its entirety “a huge mistake,” adding that “voters deserve to know what happened” on election night last November.” Read More

CO: Editorial – Keep it simple by voting down instant runoffs | Northern Colorado Business Report

November’s elections produced one clear majority: Voters fed up with political campaigns. So an alternative that promises positive electioneering and a clear mandate from the people seems attractive. But ranked choice or instant runoff voting, on the April 5 Fort Collins ballot, is not the answer. The underlying premise is that any election should produce a winner with 51 percent of the vote. Nations around the world operating under the parliamentary system, which requires collaboration among minority parties, would disagree, as would we. Read More

FL: Turning Back the Clock in Florida | Brennan Center for Justice

In less than an hour yesterday, Florida Governor Rick Scott denied the right to vote to hundreds of thousands, maybe as many as a million, Florida citizens, turning back the clock decades and making Florida the most punitive state in the country when it comes to disenfranchising people with criminal convictions in their past. The Florida constitution denies the right to vote for life to anyone with a felony conviction, unless he is granted clemency by the governor. Essentially it gives the governor, an elected official, the power to decide who will (or won’t) be allowed to vote in the next election. The new clemency rules not only roll back reforms passed by former Governor Charlie Crist, they are far more restrictive than those in place under former Governor Jeb Bush. Read More

FL: Editorial – A shameful setback on civil rights – St. Petersburg Times

Gov. Rick Scott, Attorney General Pam Bondi and the rest of the Florida Cabinet on Wednesday made a hash of civil rights restoration for nonviolent felons who are trying to put their lives back on track. How they did it — with little public notice or input — was also appalling. The immediate travesty is for those nonviolent released felons who will face long mandatory waiting periods before they can apply for restoration of their right to vote, sit on a jury, run for public office and qualify for certain occupational licenses. The move reverses progress Gov. Charlie Crist made in 2007 when he and two of three Cabinet members expedited the restoration process for nonviolent offenders who had completed their sentence and made restitution.

The Voting News Daily: Students can vote for now in NH, IN SoS White MIA?, Flaw revealed in Estonian Internet Voting

CA: San Francisco ranked-choice voting confusing, poll says – San Francisco Chronicle

San Francisco is heading into its first competitive mayor’s race using ranked-choice voting with a majority of voters who don’t understand how the system works, according to a poll to be released today. Despite ranked-choice voting being introduced for Board of Supervisors races in 2004 and used in every city election since, 55 percent of respondents to a recent poll commissioned by the Chamber of Commerce said they didn’t know whether their vote counted once their first-, second- or third-choice candidate had been eliminated. In that scenario, their vote would not affect the outcome of the race, although 29 percent of respondents thought that their vote would be counted. Only 15 percent of the respondents said that their vote would not be counted, according to the poll, which was conducted by David Binder Research and has a margin of error of plus or minus 4.4 percentage points. Read More

FL: Florida’s Clemency Board Approves Secret Plan To Further Restrict Voting Rights In State With Troubled Voting History | American Civil Liberties Union

The Florida Board of Executive Clemency voted today to change its rules to require Floridians with past felony convictions to endure harsh mandatory waiting periods of up to seven years before being eligible to apply to have their civil rights, including their right to vote, reinstated. The unanimously approved change of clemency rules will potentially affect more than a million voters in Florida, a state which already has a troubling history of voter disenfranchisement. The new plan stands to harm communities where people with past criminal convictions are attempting to reenter society. The board did not make the proposal public until today’s hearing – providing copies of the 24-page plan to speakers and members of the media within minutes of the vote. The board voted unanimously to approve the plan even though some members publicly admitted they had not yet reviewed it. Read More

IN: Where is Secretary of State Charlie White? – WISH TV

Days after Secretary of State Charlie White was indicted for felony voter fraud charges, he was hard to find at his office. The door was open, the lights were on and coats hung on the rack White’s office. 24-Hour News 8 went there to talk to White, but he wasn’t there. His staff said they would not give out any information about where White was — only that every question had to go through White’s director of communications. “I understand you’re working on a story about Secretary White’s schedule. Secretary White is working at the Statehouse and the Indiana Government Center. Unfortunately, due to his schedule – which includes legislative matters, meetings and other agenda items – Secretary White will be unavailable for media interviews,” Jason Thomas, Director of Communications wrote in an e-mail. Read More

ME: Maine Lawmaker Presses for State Election Changes – MPBN.net

In Maine, the gubernatorial candidate who gets the most votes wins. So both Govs. John Baldacci and Paul LePage were able to win with just a plurality of votes.

The Voting News Daily: Ex-Felon Voting Rights in AK and FL, KY Officials Sentenced in Vote Buying Scheme

AK: Felon voting rights bill passes first committee but may face opposition later – The Republic

The Alaska Senate State Affairs Committee on Tuesday advanced a bill allowing felons the right to vote, despite concerns from one lawmaker. Republican Sen. Cathy Giessel of Anchorage says her constituents were concerned that the bill would absolve felons of their crimes before they had fully paid their debt to society. Read More

CO: Colorado secretary of state seeks authority to cross-check voter rolls for non-citizens – The Denver Post

More than 11,000 registered Colorado voters were not U.S. citizens at the time they obtained a driver’s license, according to a review by Secretary of State Scott Gessler. The department is certain that 106 of these voters were improperly registered because they presented the state Department of Revenue with a noncitizen document after the date they registered to vote. Gessler and Rep. Chris Holbert, R-Parker, are pushing legislation that would allow the secretary of state to check the statewide voter database to determine whether registered voters are in fact citizens. Read More

DC: Libertarian Party Loses District of Columbia Write-in Vote Counting Case – Ballot Access News

On March 8, U.S. District Court Judge Beryl Howell, an Obama appointee, ruled against the Libertarian Party, which was seeking a court order to require the Election Board to count write-in votes for Bob Barr in the November 2008 election. Barr was the only presidential candidate who had filed a declaration of write-in candidacy. Judge Howell upheld the constitutionality of refusing to count the write-ins for a declared write-in presidential candidate, unless the vote-counting computer believes that a write-in candidate might have won the election. Here is the 23-page opinion. In 1972, supporters of Benjamin Spock, presidential candidate of the Peoples Party, had filed a lawsuit to obtain write-in space for president on general election ballots in the District of Columbia. That case was called Kamins v Board of Elections, and was in the D.C. Court system, not the federal court system. The D.C. Court of Appeals said, “The Board was in error when it failed to count appellant’s vote…The fundamental nature of the right involved persuades us that construction of the statute in favor of the franchise is the course which we must follow.” On remand to the D.C. Superior Court, that lower court wrote, “Ordered, that the Defendant Board of Elections count the names of write-in candidates for President and Vice-President, provided said write-in candidate has a qualified slate of electors whose names and affidavits have been filed with the Defendant Board of Elections.” Notwithstanding that court order, the D.C. Board of Elections has never tallied the write-in votes for any write-in presidential candidate in the general election. After the Kamins decision, the Board passed a regulation saying only the total number of all presidential write-ins must be counted, and that no count need be made of how many write-ins any individual candidate received, unless the total number of write-ins showed a write-in candidate might have won.

The Voting News Daily: EAC to investigate ES&S Unity System, Another Delay in TN?, GA court upholds voter ID law

Disappointing Reversal on Transparency and Security for Washington Elections | Verified Voting Blog

A bill aimed at reducing restriction to voting for military and other overseas voters passed the Washington State Senate by a 47-1 vote on Friday. Senate Bill 5171 contains many provisions that will certainly make voting easier for Washington citizens living overseas including moving the primary election date two weeks earlier and meeting requirements of the Federal MOVE Act for mailing of absentee ballots 45 days prior to the election. We strongly support those provisions. However, the bill also will allow for the acceptance of absentee ballots returned by email and fax. In addition to requiring, by affidavit, that voters returning their ballots electronically forego the secrecy of their ballot, it also makes the state’s elections vulnerable to tampering and error.

It is deeply disappointing that Secretary of State Sam Reed has actively supported this legislation. No one experienced the 2004 Gregoire/Rossi gubernatorial recount process more directly than Secretary Reed. That race, ultimately decided by 133 votes, stretched the issue of voter confidence to its absolute limits, and Secretary Reed, to his credit, did what he could to be available through and transparent about every step of the recount process. But the involved parties could not review voters’ intent for over 113,000 ballots, because at that time, Washington State used paperless electronic voting machines in two of the larger counties. The only votes that could be truly recounted were the paper ballots.

With the experience of the 2004 recount under its belt, supported by Secretary Reed, Washington has moved consistently towards a more recountable voting system statewide. In 2004, Mr. Reed called for voter-verified paper records for every vote cast, so that “voters who cast ballots electronically can verify that their selections have been recorded properly using a paper audit trail” saying that the new policy was all about “ensuring voter trust.” Yet SB 5171 will overturn that policy for military and overseas voters. Read More

AL: Man honored for defense of black voting rights – WSFA 12 News

Inspirational songs followed stories and memories you’d only find in history books as civil rights era icons were honored at the National Voting Rights Museum as part of the second day of the annual Bridge Crossing Jubilee. One man–John Doar–a white attorney who worked for the U.S. Department of Justice came to Selma in the 1960s to represent African Americans who were denied the right to vote. “We did it without fear or favor. We went right down the line as law enforcement officers,” says Doar. He says whites were allowed to vote simply because they were white. But, even the most educated black person couldn’t register–which was against the law. “Since they were always on the right side because they were discriminated…it always seemed like we were helping them,” adds Doar. Read More

GA: Top Georgia court upholds state’s voter ID law – Washington Post

Georgia’s top court has upheld a state law that requires voters to show photo identification before they cast ballots.

The Voting News Daily: EAC Cuts Likely in Federal Budget, IN Gov. calls for indicted SoS to step down

CT: Election panel urges reforms after Bridgeport election woes – Connecticut Post

Former Mayor Nicholas Panuzio, first elected in 1971, said he’s tried to keep up with technological advances and other changes as he’s gotten older. All he wants is for the city registrars’ office to do the same. “With all of the things, and even old people like myself try to keep up with all of you, there’s no reason not to move forward in the registrars’ office,” said Panuzio, chairman of a five-person panel that Thursday called for a host of reforms to the city’s election process. The panel was appointed by Mayor Bill Finch after the city ran out of ballots during the Nov. 2 congressional and gubernatorial election and had to get approval from a Superior Court judge to leave polls open until 10 p.m. at a dozen polling stations. Read More
Full Report

IN: Gov, Party Call For Indicted Secretary Of State To Step Down – WRTV Indianapolis

Indiana Secretary of State Charlie White was indicted Thursday on seven felony counts, including voter fraud and perjury, in an investigation that began last year, before he was elected.White was booked and released Thursday evening from the Hamilton County Jail on three counts related to vote fraud, one count of fraud on a financial institution, one count of theft and two counts of perjury, 6News’ Joanna Massee reported.Gov. Mitch Daniels issued a statement Thursday saying White should step down from his duties during the proceedings. “It would be neither credible nor appropriate for the state’s top elections official to continue to perform his duties while contesting criminal charges, some of them under the very laws the secretary of state implements,” Daniels said. “I have consulted with each of the other statewide elected officials and our judgment about this is unanimous.”But White made no mention of giving up his office in a statement released shortly after. Read More

MT: Senate panel tables voting bill – The Belgrade News

The Senate State Administration Committee voted on Wednesday, March 2, to table a bill that would require voter registration forms provide an option for voting by absentee ballot in subsequent elections. The 5-3 vote to table the bill came after an initial tie vote on the bill. A tie vote results in the defeat of a bill. Because of the tie, the committee then took action to table the bill in what was described as a strictly procedural move. Supporters said the law would make the process for receiving an absentee ballot more uniform and easier for voters. Opponents on the committee questioned the need for the law and asked whether it might open the process to voter fraud. Read More

NE: Voter Fraud Probe Findings Released – KETV Omaha

The Douglas County Sheriff’s Office said there was no criminal intent to commit voter fraud after several voters cast more than one ballot in Omaha’s mayoral recall election.After the Jan. 25 election, Election Commissioner Dave Phipps contacted authorities because he said five people had voted twice.

The Voting News Daily: IN SoS indicted for voter fraud; VA, WV jurisdictions consider optical scan; Internet voting proponent wins British Columbia premiership

AL: Alabama legislative committees pass bills to cap increases in education spending, require photo ID at the polls and guarantee secret union ballots | al.com

House Bill 19 by Rep. Kerry Rich, R-Albertville, which with some exceptions would require voters to show photo identification at the polls. Photo identification could include an Alabama driver’s license, a non-driver ID card issued by a state or county agency, a military ID or a U.S. passport, among other options.

CA: San Mateo County involved in court fight over e-signatures | Shaun Bishop | Bay Area | San Francisco Examiner

Animal cruelty opponents and anti-tax activists may seem odd bedfellows, but both have thrown their support behind a San Mateo County man’s legal fight to allow California voters to sign ballot initiative petitions electronically using touch-screen devices. Read More

CO: Valley Courier Saguache County clerk must answer to Grand Jury

For the past seven weeks the State Attorney General has been investigating irregularities in Saguache County’s Nov. 2, 2010 election process, detailed in six citizen complaints sent to the AG in January 2011. The investigation following the complaints led to the grand jury referral. Read More

CT: Election panel urges reforms after Bridgeport election woes – Connecticut Post

One recommendation, which the panel noted would be controversial considering the state and federal governments’ financial woes, was for the state and federal governments — rather than municipalities — to pay for state and federal elections. Read More

CT: Bridgeport voting problems: Bridgeport Panel Backs Plan To Give State Official More Say In Ordering Ballots – Courant.com

A special panel that reviewed Election Day problems at Bridgeport polls has endorsed a plan to give the state’s top election official greater oversight in city and town voting preparations. Read More

IN: Indiana’s top election official faces felony charges – The Hill’s Ballot Box

The official responsible for administering elections in Indiana is facing seven felony counts, including voter fraud and perjury, according to the Indianapolis Star. Read More

IN: Secretary of State Will Not Resign | Indy’s News Center – 93.1 WIBC Indianapolis – Live. Local. First.

“While disappointed in the grand jury’s decision, I will cooperate fully in the upcoming judicial process,” said White.

“I have confidence in the system and I believe the evidence will prove that I did not intentionally break any laws. But more importantly, I will continue to do the job I was elected to do and carry on serving the needs of Hoosier taxpayers through the Secretary of State’s office. I am humbled by the outpouring of support. The important work on behalf of Hoosiers will not be derailed by this process.” Read More

IN: 89.3 FM WFPL | Daniels Encourages White to Step Down Until Charges Are Resolved

Indiana Governor Mitch Daniels is calling on recently-indicted Secretary of State Charlie White to step down until the charges against him are resolved. Read More

IN: Indiana Secretary of State Charlie White indicted, faces 7 felony counts | The Indianapolis Star | indystar.com

The Voting News Daily: The High Cost of High Tech Voting, AG Investigates Seguache Co. CO election, Touchscreen Voting Targetted in SC

CO: Saguache County election fraud case goes to a grand jury | Colorado Independent

A major dispute over a flawed election in south-central Colorado is going to a state grand jury. Subpoenas are being handed down to officials in Saguache County, where the incumbent county clerk and county commissioner initially lost on Nov. 2 only to see the results reversed three days later. Clerk Melinda Myers, who stands accused of more than 30 misdemeanors in the handling of her own election, has been ordered to testify before the grand jury on April 28 at the Denver City and County building. Other officials involved in the election also have been subpoenaed to explain what happened. After unofficial results showed Myers lost to Republican challenger Carla Gomez by 15 votes and fellow Democrat Linda Joseph was beaten by Republican challenger Stephen Carlson , Myers announced a software glitch had deleted absentee and early voting tallies from a largely Democratic precinct that includes Crestone. After re-running the ballots through an optical scanner on Nov. 5, Myers declared she edged out Gomez by just over 40 votes and Joseph defeated Carlson by 9 votes. Voters have been up in arms ever since. Read More

CO: Attorney General investigating Saguache County November 2010 election – The Crestone Eagle

The aftermath of accusations against the Saguache County Clerk for the handling of the 2010 election has many people wondering what happened. Now the Colorado State Attorney General has gotten involved to sort it out. In an attempt to understand what happened in the Saguache County 2010 election, the Secretary of State (S.O.S.) sent Division of Election representatives to investigate in November. Election laws and regulations are lengthy and can be confusing, so the Division of Elections was created in the S.O.S. office to provide experts for the election process. After issuing a report in December that summarized their take on the Saguache 2010 election, the S.O.S. has remained publicly silent. Complaints that were filed by individuals with the District Attorney, were, due to a possible conflict of interest, bumped up to the next level, to the Attorney General’s office. The Attorney General has initiated an ongoing investigation into the claims. Read More

FL: No compromise on felons’ rights after Bondi meets with ACLU, NAACP | Palm Beach Post

Attorney General Pam Bondi is not backing away from her proposal to do away with Florida’s limited automatic restoration of rights for nonviolent felons after meeting with civil rights advocates today. But she did say she supported uncoupling current employment restrictions that prevent convicted felons from getting certain occupational licenses unless their civil rights are restored, a lengthy process that could get even more cumbersome if Bondi gets her way. ACLU of Florida executive director Howard Simon and Dale Landry, vice president of NAACP Florida conference, met with Bondi for about an hour to discuss proposed clemency rule changes among other things. The meeting was friendly, Simon said, but Bondi refused to budge on her desire to force felons to wait three to five years to apply to have their rights restored.

The Voting News Daily: Voting Rights Settlement in NM, Voter ID debate in WI, NE, IRV on ballotin CO

CO: Voters to weigh in on ranked voting | coloradoan.com | The Coloradoan

A question on the April 5 municipal ballot asks whether the city should change its long-standing system for conducting City Council elections – as in whoever gets the most votes wins – to the process known as ranked voting, or instant-runoff election. In races for posts such as for mayor with three or more candidates, ranked voting would allow voters to list their preferences for candidates in order – as in one, two and three. When the votes are tallied, if a candidate receives the majority of first-place votes, the contest is decided. If no candidate has a majority, the ballots are recounted with votes for the last-place candidate reassigned to the remaining candidates based on who was listed as those voters’ second choice.The recounts, or runoffs, continue until a candidate receives a clear majority of votes. Throughout the counting process, the principle of one person, one vote is maintained. Read More

NE: Opponents say voter ID bill could disenfranchise voters and cost state money – The Journal Star

In the mind of Fremont Sen. Charlie Janssen, his proposal to require people to show photo IDs when they vote is a way to head off voter fraud and ensure Nebraska uses the “best practices” when holding elections. But opponents of the measure (LB239) say it would disenfranchise some voters — particularly the poor, the elderly and minorities — who do not have driver’s licenses by making them pay the $26.50 the state charges to issue a photo ID. They say requiring people to buy a state ID in order to vote would amount to an illegal “poll tax.” Poll taxes came into being, particularly in southern states, in the 1800s after enactment of the Fifteenth Amendment to the Constitution gave blacks the right to vote. The U.S. Supreme Court eventually struck down the practice. Read More

NM: Federal judge approves NM voting rights settlement – KWES NewsWest 9

A federal judge has approved a consent order aimed at ensuring New Mexicans have a chance to register to vote at public assistance offices. The consent order outlines procedures state Human Services Department officials must follow to offer voter registration forms to people applying for public assistance benefits. The order was approved last week. A coalition of voting rights groups sued in July 2009 over compliance with the National Voter Registration Act, which lets people register to vote at various state agencies. Read More

NY: Cuomo signs bill to let villages continue to use old lever voting machines | The Ithaca Journal

Villages that run their own elections can continue to use mechanical-lever voting machines until the end of next year, under legislation signed Monday by Gov. Andrew Cuomo. Villages asked for more time to switch over to the state’s new voting system of paper ballots and optical scanners. The new equipment was in use statewide for the first time last year. Some villages that run their own elections faced obstacles switching to the new technology.

The Voting News Daily: NIST Report on Internet Voting, CO County Election has rsidents crying foul, Voter ID Bills in KS and MO

CO: Saguache County’s election problems have residents crying foul – The Denver Post

As she shooed people out of the Saguache County courthouse in the wee hours of election night 2010, Clerk and Recorder Melinda Myers struggled to hold back tears. Unofficial tallies showed Myers losing to Republican challenger Carla Gomez, 1,101 to 1,116. Meanwhile, fellow Democrat Linda Joseph, a county commissioner, was trailing Republican Steven Carlson, 1,092 to 1,119. “I went to bed that night thinking I lost,” Myers recalled last week. “I cried and cried.” But within two days of the general election, Myers had announced the ballots needed to be “retabulated” — by the office she runs. When the process was complete, Myers won her race, 1,181 to 1,137. Joseph also emerged a winner, besting Carlson 1,160 to 1,151. Read More

Guam: Respicio introduces third bill on election reform | Pacific Daily News

Sen. Rory Respcio introduced a bill requiring the GEC to establish and follow written procedures during elections, according to a press release issued today. The bill would require procedures such as written voter instructions and on the correct handling of ballots and instructions on preparing and setting up polling places, according to the release. Updated guidelines for dealing with provisional ballots as well as for ballot reconciliation procedures would also be required. The bill would require the GEC to review their controlling regulations under the Guam Administrative Rules and Regulations (GAR), as well as the laws in the Guam Code Annotated. Read More

KS: Election fraud bill to receive scrutiny | CJOnline.com

Kansas Senate leaders suggested Friday that a requirement for people who register to vote for the first time in the state to prove they’re citizens will receive close scrutiny as the chamber considers Secretary of State Kris Kobach’s election fraud legislation. A bill containing Kobach’s proposed Secure and Fair Elections Act won House approval on an 83-36 vote Friday, sending it to the Senate. The measure also would require voters to show photo identification at the polls, increase penalties for election crimes and enact changes designed to make mail ballots more secure. It would give the secretary of state’s office the power to file and prosecute election fraud cases in state courts, along with county prosecutors and the attorney general’s office. Read More

MO: House To Move Forward On Photo Voter I.D. – OzarksFirst.com

Missouri House of Representatives’ floor leader, Rep. Tim Jones, R-Eureka, says he’s “excited” the Missouri Senate has passed legislation that includes photo voter identification provisions. And Jones says he’s ready to move ahead with the House’s own bill on the topic. On Thursday, the Senate gave final passage to legislation that would require voters to show a government issued voter identification card with a picture in order to receive a ballot. Earlier the House passed legislation that includes both a constitutional amendment and enabling legislation that would put the photo voter identification into practice along with procedures for early voting. Read More

NH: Legislators debate student voting – TheDartmouth.com

The Voting News Daily: Grand Jury Report Finds No Voter Fraud in Kern Co. CA, Students Protest Proposed Residency Bill in NH

CA: Grand jury debunks reports of local voter fraud – Bakersfield.com

Many instances of voter fraud alleged in recent years have “morphed from facts and allegations to urban legend” and the biggest instances of the problem locally happened 20-plus years ago, according to a Kern County grand jury report released Thursday. Jurors investigated the local voting system, according to the report, after receiving a letter last year detailing a public presentation made by a 2002 30th Assembly District candidate alleging there were “huge discrepancies in voter registrations” before his loss. The report doesn’t name names but it’s obviously referring to Bakersfield businessman and Republican Dean Gardner, who lost the race to Democrat Nicole Parra by a razor-thin margin and alleged voter fraud at the time. Read Article
Download Grand Jury Report (PDF)

CO: Transparency issue in election – Center Post Dispatch

During the legislative luncheon at the Colorado Press Association convention Friday, Secretary of State Scott Gessler told the Center Post-Dispatch that he will be weighing in soon on the problems with the Nov. 2 Saguache election. The SOS oversight of the election began under previous Secretary of State Bernie Buescher, now counsel for the State Attorney General’s Office. Gessler said he is currently wading through a voluminous stack of documentation on the election and will carefully evaluate the information before responding. Many of the problems the SOS encountered in dealing with the outcome of the election may be explained by the fact that Gessler did not officially come on board until Jan. 11. By then, Saguache County Clerk Melinda Myers had allegedly certified the election and citizen complaints were on file with the Attorney General’s Office. The canvass board had already issued their non-certification of the recount, and legal deadlines appeared to have passed for challenging the election. Read More

CO: Ballots, lies and videotape: A botched election in south-central Colorado triggers avalanche of allegations | Real Aspen

Colorado Elections Director Judd Choate has proclaimed “great faith” in the results of two dubious political races in south-central Colorado and says two of his staffers were on hand to help with its “retabulation.” “On the fifth of November, we sent down a couple of people to work on their retabulation, and we had two of our people … help [Saguache] County reassess their numbers,” Choate told the state’s Best Practices and Vision Commission, which he chairs, in a January meeting. “They saw no problems.” The explanation was intended to quiet an escalating controversy in Saguache County, where County Clerk Melinda Myers reversed the results of the Nov. 2 election and three days later declared herself the winner. The outcome of the county commissioner’s race also flipped in favor of the incumbent in Myers’ party. The problem with Choate’s account is that it isn’t true. Amy Wilson, the secretary of state’s elections trainer, was not present for the retabulation. Neither was a state lawyer Choate said was there. Read More

KS: Voter ID measures advance in Kansas, Missouri – KansasCity.com

Proposals requiring Kansas and Missouri residents to show picture IDs when they vote gained steam in both states’ legislatures Thursday.

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

CA: Candidate Files Federal Lawsuit to Block “Top Two” Primary – SB 6 / Prop 14 Lawsuit « Business & Election Law

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.”

The Voting News Daily: The Job of an Election Official, Voter ID bill passes out of committee in WI

AL: Chapman Releases Legislative Wish List | ABC 32 WNCF TV

Secretary of State Beth Chapman released her legislative wish list today highlighting her top two priorities: military voting and photo voter identification. Chapman is continuing her fight to expedite military voting in Alabama and has a proven electronic system used successfully by another state’s pilot program in the last election. “The process my staff, the military votingtask force and I have been advocating for has been tested and proven to work. It has the instant ability to increase the number of military and overseas voters’ ballots returned to our state by fifty percent or more,” Chapman said. The number of military absentee ballots requested in Alabama in the most recent election was 4,875; the number returned was only 1,125. That is a 23% return rate. Chapman says this is a problem nationwide, but is a worse problem in Alabama due to the length of time required by state law to receive ballots by U.S. Postal Service only. Read More

CT: What It Takes To Be A Registrar – Connecticut News Story – WFSB Hartford

The often overlooked role of Connecticut’s Registrars of Voters, the people who oversee elections, was put into sharp focus when the state waited two weeks until a winner in the race for governor was declared last November. So the Channel 3 Eyewitness News I-Team started asking questions about registrars: how they get their jobs, how they do their jobs and what training do they receive for a job some call one of the last bastions of political patronage in our state.Connecticut has a new governor, but who that governor was going to be was in doubt for two long weeks in November, and at the center of the controversy was the registrars of voters.In Bridgeport, one of Connecticut’s largest cities, registrars did not order enough ballots, so photocopies were provided and polling hours were extended. There were also challenges to the ballots that were cast and recounts.”That usually seems to be a problem in the bigger cities for whatever reason,” said John Daly, of Manchester. Read More

ID: Idaho bill requires election workers to register – KHQ Right Now

Lawmakers in Idaho are considering a measure to require people carrying out official election duties, such as poll watching, to be registered voters in the state. The measure is being introduced in the Idaho Legislature a year after state lawmakers passed a law requiring voters to provide photo identification to cast their ballots. Read More

IN: Vote center bill signed into law | Journal and Courier

Gov. Mitch Daniels signed a bill into law Tuesday authorizing the continued use of vote centers in Indiana. Early work on the legislation ensured it did not get caught up in the legislative rancor that led to Tuesday’s boycott by Democratic House members. “This is the first bill in the current session to be approved by the Senate, passed out of the House of Representatives and signed into law by Gov.

The Voting News Daily: Photo ID in CO, Vote Centers in IN, Bill prohibiting Intenet “kill switch”

AL: Sec. of State Releases Legislative “Wish List” | ABC 32 WNCF TV

The National Popular Vote bill would guarantee the Presidency to the candidate who receives the most popular votes in all 50 states (and DC). The bill preserves the Electoral College, while assuring that every vote is equal and that every voter will matter in every state in every presidential election. Every vote, everywhere, would be politically relevant and equal in presidential elections. Elections wouldn’t be about winning states. Every vote, everywhere would be counted for and directly assist the candidate for whom it was cast. Candidates would need to care about voters across the nation, including for a change, West Virginia, not just undecided voters in a handful of swing states. Read More

CO: Ranked voting will be on the ballot in Fort Collins | Colorado Independent

Advocates from across the political spectrum officially launched a campaign this week to radically change how Fort Collins elects city officials. Joined by multiple Colorado legislators and city council members, Fort Collins Ranked Voting hosted their campaign kickoff event at Avogado’s Number in Fort Collins after garnering enough signatures to put the alternative voting method on the city’s April ballot. If approved, Fort Collins would replace the traditional plurality voting system with a method that ensures winners receive majority support. For the 2013 municipal elections the mayoral and city council races would use ranked choice voting, also called instant runoff voting, that allows voters to rank candidates on the ballot according to their personal preference. Read More

CO: Photo ID bill receives initial House approval – The Pueblo Chieftain

Utility bills no longer would stand as valid proof of residency to vote under a bill hotly debated before receiving preliminary approval Monday in the House. The proposal, HB1003, would require voters to show a state-issued photo identification card in order to cast a ballot. Republicans lined up to support the bill, sponsored by Reps. Ken Summers, R-Lakewood, and Libby Szabo, R-Arvada, as a safeguard against voter fraud. Democrats called it an obstacle to voting, particularly for senior citizens, the infirm, the homeless and others who tend not to possess the documents the bill would require of the mobility to easily obtain them. Read More

IN: Gov. Daniels signs Vote Center Bill | Indiana Politics | Lafayette Online

Gov. Mitch Daniels today signed into law a bill authored by State Sen. Ron Alting (R-Lafayette) authorizing the continued use of vote centers in Tippecanoe County and allowing it as an option for the entire state. “This is the first bill in the current session to be approved by the Senate, passed out of the House of Representatives and signed into law by Governor Mitch Daniels,” Alting said. “Overwhelming support for this new law shows how important it is to provide a convenience to voters and options to local governments that are looking to cut election costs.” Read More

IA: County Auditor: Voters in Motels Are No Reason for Voter ID Law | KCRG-TV9

Voters listing motels as their addresses on voter registration documents isn’t evidence of voter fraud, Linn County Auditor Joel Miller said Friday.

The Voting News Daily: Photo ID Bill Passes CO House, Lever MAchines in NY Village elections, Ironic Twist in NY Election Law

CO: Photo ID voting requirement passes House – KDVR

After a long argument on the House floor, Republicans were able to pass a bill that would require a photo ID in order to vote on an initial voice vote. House Bill 1003, sponsored by Reps. Ken Summer of Lakewood and Libby Szabo of Arvada, argued that not requiring an ID opens the door for voter fraud. Democrats, meanwhile, argued that such fraud is not widespread and that the ID requirement will make it harder for seniors and the poor to vote. Read More

KY: Absentee voting procedures for primary announced | The Courier-Journal

Registered voters in Jefferson County who will be absent from the county on May 17 — the day of the primary election — can either apply for an absentee ballot now or vote at the Election Center in the Urban Government Center on Barret Avenue April 18 through May 16.The Election Center began accepting absentee ballot application requests by phone on Jan. 24 and began mailing absentee applications Feb. 14. The center will begin mailing absentee ballots on March 29, said Nore Ghibaudy, spokesman for the Jefferson County Board of Elections. Read More

MN: Pro/Con: People should need a photo ID to vote | Duluth News Tribune

To a fair amount of attention, a well-conceived bill to require photo IDs for voting was introduced in the Minnesota Legislature this session. This would be an important and long-overdue election reform, but one that has been stymied by DFL leadership, more so than by rank-and-file DFL lawmakers; 10 DFL House members voted for it in the last legislative session. With a new Republican majority at the Legislature, the bill probably will be passed this session, one way or another. Read More

NH: Students oppose voting restrictions – Brattleboro Reformer

College students hoping to vote in New Hampshire would face the most restrictive registration law in the country if lawmakers pass a bill targeting both students and members of the military, according to a nonpartisan think tank that focuses on voting access and election law. Republican Rep. Gregory Sorg of Easton has proposed barring students from voting in college towns unless they lived there before enrolling. The bill also specifies that member of the military stationed in New Hampshire should continue to be residents of their previous states for voting purposes. Read More

NM: Is voter fraud an issue, or is it competence? – The Santa Fe New Mexican

Electoral fraud is a long-running complaint — from those whose party or candidates lose the election. Sometimes the whiners make a compelling argument: the presidential elections of 1960, when Illinois’ Cook County “came in” for John F. Kennedy, and of 2000, when Florida shoehorned George W. Bush into office, for example. Here in New Mexico, Río Arriba County was once reputed to be a region where souls rose from the dead to vote, and our state’s Republican minority sometimes seems more dedicated to grumbling about fraud than to electing candidates. Read More

NY: Bill Would Allow Villages to Continue Using Lever Voting Machines – Nyack-Piermont, NY Patch

State lawmakers sent a Valentine of sorts to villages around the state with the Feb.

The Voting News Daily: CentCO SOS role in Saguache election, IA Auditors oppose Voter ID, No Vote Fraud in Forsyth Co. NC snafu,

CO: Information indicates SOS played major role in escalating Saguache election snafu – Center Post Dispatch

Over the past several weeks, many things have come to light that point directly to the Secretary of State’s Office (SOS) and their failure to enforce their own rules as the cause of Saguache County’s November election upheaval. In reviewing surveillance videotapes, one of the most telling incidents found was SOS trainer Amy Wilson’s interaction with Christian Samora on Nov. 2, as he runs the M650 voting machine. Wilson watches Samora remove the dust cover to the machine and, clearly, no seals have been placed on any of the data ports. Zip disks sit out unsecured. Having discovered this clear violation of security precautions prescribed as remedies for the use of the once decertified M650 ballot counter, Wilson was obligated to report this violation to the SOS “immediately” per their own rules. Had she done so, the election would have reverted to a hand count, as is also required under SOS rules. SOS official contradicts himself. The statements made by SOS elections division official Judd Choate also paint a dismal picture of Colorado’s election protection system. Read More

CO: Ranked voting will be on the ballot in Fort Collins | Colorado Independent

Advocates from across the political spectrum officially launched a campaign this week to radically change how Fort Collins elects city officials. Joined by multiple Colorado legislators and city council members, Fort Collins Ranked Voting hosted their campaign kickoff event at Avogado’s Number in Fort Collins after garnering enough signatures to put the alternative voting method on the city’s April ballot. If approved, Fort Collins would replace the traditional plurality voting system with a method that ensures winners receive majority support. For the 2013 municipal elections the mayoral and city council races would use ranked choice voting, also called instant runoff voting, that allows voters to rank candidates on the ballot according to their personal preference. Rep. John Kefalas, D-Fort Collins, an advisor to the group, said the system is simple. Kefalas explained that if any candidate receives the majority of first place votes, they win. If no candidate receives a majority, the votes for the last place candidate are redistributed among the remaining candidates according to each voter’s preference. The process repeats until one candidate holds a simple majority. “It’s just like choosing your favorite ice cream,” Kefalas said. Read More

CT: Editorial: Lawmakers should make voting easier – Courant.com

One of the ways Connecticut can improve turnout on Election Day is to loosen restrictions on absentee voting. Lawmakers will hold hearings on a number of election-related bills this session, including some that would correct faults in ballot-counting procedures that became evident in Bridgeport in November’s gubernatorial election. They’ll also propose measures to increase voter turnout. We hope normally change-resistant Connecticut legislators aren’t afraid to shake things up. Currently, the state Constitution says eligible Connecticut voters can use absentee ballots only if they are unable to go to the polls on Election Day for the following reasons: military duty, an out-of-town commitment, illness, disability, religious prohibition on secular activity on an election day, or work as an election official.

The Voting News Daily: Online Registration Bill in CA, Voter ID Tabled in NM, Advances in MO

CA: Bill would let Californians register online to vote – San Jose Mercury News

Californians would be able to register online to vote under a bill introduced Wednesday by state Sen. Leland Yee. Some states already offer online registration but California has put it off, awaiting implementation of a “VoteCal” statewide online database system now delayed at least until 2015. Yee, D-San Francisco, instead wants to allow online registration through county registrars’ offices: Citizens would input their voter information online and the registrar’s office would use the voter’s signature from the Department of Motor Vehicles to verify authenticity. Yee says county elections officers believe this would save money and eliminate administrative errors from mistyping the data entry from a paper registration; after Arizona implemented online voter registration, he said, some counties saw their costs decrease from 83 cents per registration to 3 cents per registration. Read More

HI: Instant Runoff Voting in Hawaii Gains Traction – Honolulu Civil Beat

A measure that would bring instant runoff voting to Hawaii and prevent a candidate from winning a state or local election with less than a majority of votes is making progress in the Legislature. The House Judiciary Committee unanimously passed House Bill 638 on Tuesday. It now heads to the House Finance Committee. Read More

ME: Bill would require voters to show ID at polls | The Morning Sentinel

Republicans are lining up to support a bill that would require voters to show photo identification at the polls. With the support of GOP Gov. Paul LePage, and more than 120 Republican lawmakers listed as co-sponsors, the legislation is poised to become one of the big partisan fights of the session. Supporters say Maine needs to take action to prevent voter fraud and assure the legitimacy of those who are elected. Opponents — including the League of Women Voters of Maine, the Maine chapter of the AARP, the Maine Civil Liberties Union and the Disabilities Rights Center — say the bill provides a costly solution to a problem that doesn’t exist in Maine and would disenfranchise many people. Read More

MO: Senate approves photo ID requirement for voting – St. Louis Today

Senate approved a measure today that would require photo identification to vote, in a move supporters lauded as a step toward addressing problems of voter fraud in the state. Meanwhile, opponents of the legislation worried that the measure would create unfair obstacles to voting for those without photo identification. The final vote of 26-7 was cast along party lines, with Republicans favoring the bill. The measure will now move to the House, where a sizable Republican majority could bode well for the legislation. If the legislation passes both houses, it will go into effect only if a constitutional amendment is approved by state voters. Opposition to the bill stemmed from concerns that it could limit voting rights among eligible voters. Democrats said that senior citizens or people with disabilities, among others, could be aversely affected. Read More

NM: Voter ID bill unlikely to pass – Las Cruces Sun-News

A bill requiring most voters to show photo identification appears doomed, the sponsor said Tuesday.

The Voting News Daily: Voter ID in NM, Military Voting Deiscussed on Capitol Hill

CA: Debra Bowen enters race to succeed congresswoman Jane Harman – latimes.com

California Secretary of State Debra Bowen on Tuesday jumped into the race to succeed retiring Rep. Jane Harman of Venice, setting up what is expected to be a lively contest between two prominent Democratic women for the largely coastal congressional district. “This was not an easy decision,” said Bowen, who in November was elected to a second four-year term as the state’s top elections official. “I spent the past week discussing a potential run with my family and close friends, and thinking how I can best serve the public,” she said in a statement announcing her candidacy. Read More

CO: IRV on the Ballot in Colorado and the UK – FairVote.org

Instant runoff voting (IRV, also known as “alternative vote”, “ranked choice voting” and “preferential voting”) is designed to accommodate increased voter choice and uphold majority rule. It simulates a “same day runoff”, essentially, between the two strongest candidates, with the winner being the one who is ranked ahead of the other on more ballots. Used for decades to elect top offices in Australia (see a fun Aussie video about it here), Ireland and many private organizations, IRV has surged in use around the world in the past decade, including victories in ballot measures in the United States on every November election day since 2004. That support is grounded in voters’ growing dissatisfaction with choices being limited to two and, in the words of a recent report by an influential international think tank, a plurality voting system that fails as “the worst of both possible worlds.” Read More

CT: Election reforms proposed | Yale Daily News

After widespread ballot shortages in last November’s election tossed the result of the gubernatorial race up in the air for days, new Secretary of the State Denise Merrill is pushing for major reforms to the way Connecticut runs its elections. In a press conference Monday in Hartford, Merrill proposed four pieces of legislation that would help prevent another Election Day fiasco — one major proposal that would require municipalities to report to Merrill’s office the number of ballots they had ordered in advance of election day and another that would open the door for more absentee voting. The proposals received bipartisan support from legislators Monday, but met opposition from the committee responsible for enforcing elections in Connecticut towns. Read More

FL: 17,601 Jacksonville Voters Must Renew Absentee Ballot Requests – WJXT Jacksonville

A change in Florida Election Laws means thousands of absentee voters in Duval County will no longer receive their absentee ballots until they make a new request to the supervisor of elections office.According to elections officials, 17,601 voters who requested an absentee ballot after May 28 and before Nov. 3, 2010, must make a new request to receive an absentee ballot for the March 22 first election and the May 17 general election. Read More

IN: Software firm may reap vote center perks | jconline.com | Journal and Courier

A company at Purdue Research Park in West Lafayette stands to benefit from recent passage of the vote center bill by the legislature.

The Voting News Daily: Food for Votes Debate in SD, Mail-only balloting possible for county – SignOnSanDiego.com

CA: Mail-only balloting possible for county – SignOnSanDiego.com

Elections in San Diego County could be conducted entirely by mail under legislation introduced Monday by state Sen. Christine Kehoe, D-San Diego. All-mail balloting would save local governments millions of dollars and increase voter participation, according to the senator. The legislation, SB 304, would create a five-year pilot program. At the conclusion of the program, the county would be required to issue a report to the Legislature and the Secretary of State’s Office on costs and voter turnout. The law, if approved, would apply to local, state and federal races on San Diego County ballots. Individual jurisdictions, such as cities, would have the option of using the system. Read More

CO: Council, mayor to decide changes to Aspen election code | AspenTimes.com

A public hearing is scheduled near the end of Monday’s Aspen City Council meeting on an ordinance that amends the city’s Municipal Election Code, including the official repeal of instant runoff voting, also known as IRV. The meeting at City Hall starts at 5 p.m., and it is expected to be the last regular meeting for Councilman Dwayne Romero, who is stepping down to become Colorado Gov. John Hickenlooper’s director of economic development. In November, city voters repealed IRV, a system that generated controversy following the May 2009 city council and mayoral elections. The ordinance before councilmen today will finalize its repeal, officially striking the system from the election code. Read More

SC: Voting machines at issue: James Island PSD board debates critical statement | The Post and Courier

Consideration of a proposed resolution urging replacement of the computerized voting machines now used statewide was put off for at least two weeks after a debate among James Island Public Service commissioners. Commissioner Eugene Platt asked the commission to become the first elected panel in the state to go on record expressing what he said is a lack of voter confidence in the “electronic touch type” machines. His guest at the Monday night commission meeting was Charleston County Councilman Victor Rawl, who last June very surprisingly lost a two-candidate Democratic Party primary contest for a U.S. Senate seat nomination. Read More

SD: Changes Proposed For Food For Votes Law – KELOLAND.com

South Dakota lawmakers are taking aim at voter bribery. A bill in Pierre would make it illegal to feed voters and then take them to vote absentee at a local polling place. It’s an issue that came up during last year’s hotly-contested U.S. House race when there was a lot of confusion over how far campaigns were pushing the law. “Sometimes in campaigns, candidates and campaigns and their staff they get so focused on trying to get one more vote, or ten more votes, or 100 more votes that sometimes they’ll push the law a little too far and so that’s what we’re really trying to get accomplished with Senate Bill 88,” South Dakota Senator Bob Gray of Pierre said. Republicans criticized then Congresswoman Stephanie Herseth Sandlin for holding early voting rallies on South Dakota reservations during her last campaign.

The Voting News Daily: IA election officials oppose photo ID bill; US House lawmakers eye EAC termination; India on the path to VVPAT

Iowa’s professional association of county election officials (according to the Des Moines Register, its membership is about 60% Republican and 40% Democratic) has voted to register in opposition to photo ID legislation. In Texas, a state legislative race in which the vast majority of ballots were cast on unrecountable machines nears resolution; an official recount changed the margin from 16 to 12 votes, and a legislative investigation of absentee and voter-eligibility issues changed that margin again to 4 votes. We cannot know what an effective recount of all ballots would have shown. India’s Election Commission appears committed to implementing voter-verifiable paper audit trails, though it is uncertain if implementation will occur before May elections in the state of Tamil Nadu.

All this and more in today’s Voting News below.

AL: Election Center director Granger resigns, will take federal court job | montgomeryadvertiser.com | Montgomery Advertiser

A Montgomery official who has headed the county’s emerging election center since its inception has accepted a job with the federal court system, but his absence is not expected to affect the two upcoming city elections. Read More

AK: Write-in bill passes state Senate

The Senate has unanimously passed a bill that would give voters the benefit of the doubt when they write in a candidate’s name on a ballot. Read More

CA: League of Women Voters marks 91st anniversary – Times-Standard Online

The League of Women Voters will celebrate its 91st birthday on Monday. Founded in 1920 by leaders in the women’s suffrage movement, the organization has become synonymous with elections and voting, citizen engagement and civility. Read More

CA: SAN DIEGO: State senator pushes for all-mail elections

Sen. Christine Kehoe, D-San Diego, introduced legislation in the state Senate on Tuesday to allow San Diego County to hold all-mail elections.

The bill, if passed, would create a five-year pilot program for all-mail voting that applies to local, state and federal races. Local jurisdictions would have the option to use the all-mail system. Read More

CA: Fresno County clerk says votes in danger – Top Stories – fresnobee.com

There are 300 things that need to be done to run an election, from printing ballots and staffing polls to verifying mail ballots and tallying votes — and more.

But because of budget cuts, Fresno County’s elections chief Victor Salazar warns, not all of these tasks will get done. As a result, he says, one or more of five upcoming elections will fail. Read More

CA: Record Gazette > Archives > News > Ex-elections official returns as registrar

A former chief deputy registrar in Riverside County who now holds the top elections post in San Bernardino County has been named registrar in Riverside County. Read More

CA: Ranked Choice Voting – The Oakland Community Speaks – City Council Meeting

Oakland, CA used Ranked Choice Voting for the very first time in Nov. 2010.
In a meeting to discuss RCV, members of the community shared their experiences with members of the City Council on how confusing it was for voters.