Missouri: Federal judge orders protection for Missouri voters at risk of being disenfranchised in 2018 Midterms | St. Louis American

Missouri

A federal judge in the Western District of Missouri issued an order on Friday requiring the State of Missouri to take immediate steps to prevent Missourians from being denied their right to vote in this November’s election as a result of the state’s failure to comply with the National Voter Registration Act (NVRA). The judge ordered that the online and mail change-of-address forms used by the state motor vehicle agency, the Department of Revenue (DOR), be updated to provide voter registration information, and that the state send every voter who has used these forms since August 1, 2017 a mailing that includes a voter registration form and information about the appropriate polling location. These mailings must continue to be sent to every voter who uses the mail and online change-of-address forms until the court-ordered changes to those forms are completed.

Missouri: Judge Orders Missouri Officials To Comply With Motor Voter Law | KCUR

Missouri

A federal judge ordered Missouri officials to provide voter registration information to residents seeking to update their addresses at motor vehicle offices by mail or online. U.S. District Judge Brian Wimes found that their failure to do so violates the National Voter Registration Act, more commonly known as the federal motor voter law. Wimes ordered the action to be taken ahead of this November’s election. His order came in response to a lawsuit filed earlier this year by the League of Women Voters and the A. Philip Randolph Institute. The suit named Missouri Secretary of State John R. “Jay” Ashcroft and Joel Walters, director of the Missouri Department of Revenue. Ashcroft is the state’s chief election official responsible for enforcing the motor voter law. The Department of Revenue oversees the Driver License Bureau.

Kentucky: Department of Justice Announces Settlement with Kentucky Ensuring Compliance with Voter Registration List Maintenance Requirements | Imperial Valley News

Kentucky

The Department of Justice Thursday announced that it recently entered into a settlement with the Commonwealth of Kentucky, the Kentucky State Board of Elections, and the Kentucky Secretary of State, resolving the Department’s claims that Kentucky was not complying with the voter registration list maintenance procedures set forth in Section 8 of the National Voter Registration Act of 1993 (NVRA). Under the terms of the settlement, Kentucky will develop and implement a general program of statewide voter list maintenance that makes a reasonable effort to remove the names of registrants who have become ineligible due to a change in residence in accordance with Section 8 of the NVRA and state law.

Texas: State appeals after a judge orders the state to implement online voter registration for drivers | The Texas Tribune

Texas

The legal fight over whether Texas is disenfranchising thousands of voters by violating a federal voter registration law is on its way to federal appeals court. Just after a federal judge gave Texas less than two months to implement a limited version of online voter registration, the state on Monday formally notified U.S. District Judge Orlando Garcia that it was appealing his finding that Texas was violating the law — also known as the “Motor Voter Act” — by failing to allow drivers to register to vote when they renew their driver’s licenses online. Pointing to registration deadlines for the November election, Garcia created a 45-day deadline for the state to create the online system for drivers in order to comply with the federal law that requires states to allow people to register to vote while getting their drivers licenses.

Texas: State lawyers object to proposed motor-voter solutions | Austin American-Statesman

Texas

After losing a legal fight over the way Texas handles online voter registration, state lawyers are arguing that fixes proposed by a civil rights group go too far and should be rejected. U.S. District Judge Orlando Garcia of San Antonio had given both sides until Thursday to submit plans that will let Texans easily register to vote when they obtain or renew a driver’s license on the Department of Public Safety website. The current system violates the National Voter Registration Act’s motor-voter provision, Garcia ruled, because online users are directed to a separate page run by the Texas secretary of state, where they must download a voter registration form, print it out and mail it to their county registrar.

Texas: Asked to propose a fix to voting rights violation, Texas offers few answers | The Texas Tribune

Texas

Told it was breaking the law and asked to propose a fix, Texas seems to have mostly declined in a new filing the state’s legal adversaries have called “bad faith foot-dragging.” Following a ruling last month that Texas was violating a federal law designed to ease the voter registration process, U.S. District Judge Orlando Garcia orderedboth the state and the voting rights advocacy group that sued Texas to submit detailed plans for fixing the violation. The Texas Civil Rights Project submitted its plan Thursday afternoon. About three hours later, Texas responded with a document criticizing that group’s proposal as overly broad and once again disputing the judge’s ruling. It did not present a clear, specific solution of its own.

Texas: How a federal lawsuit could open the door to online voter registration in Texas | The Texas Tribune

Texas

From Jacquelyn Callanen’s perch in the Bexar County elections office, the period following Texas’ voter registration deadlines is best described as a paper tsunami. Some of it arrives by mail. Some stacks are delivered by volunteer voter registrars. The secretary of state’s office sends over a handful of boxes filled to the brim. No matter the carrier, last-minute drives to register people by the 30-day deadline ahead of each election typically leave local elections offices with a surge of work. To make sure prospective voters make it onto the rolls in time for Election Day, county offices have to hire temporary workers to help thumb through and process tens of thousands of voter registration cards and applications. “We hope and pray that all the cards are filled out completely,” Callanen said.

Texas: Saying the state is violating a voter registration law, federal judge gives Texas until Thursday to propose a fix | The Texas Tribune

Texas

Texas has less than a week to tell a federal judge in San Antonio how it will begin complying with the National Voter Registration Act, a decades-old federal law aimed at making it easier for people to register to vote by forcing states to allow registration while drivers apply for or renew their driver’s licenses. U.S. District Judge Orlando Garcia ruled more than a month ago that Texas was violating the law, sometimes called the Motor Voter Act, by not allowing Texas drivers to register to vote when they update their driver’s license information online. But it wasn’t clear until this week what exactly state officials would have to do to address that — and by when they’d have to do it. Now, Texas and the Texas Civil Rights Project — which sued the state over the issue in 2016, saying Texas’ current system disenfranchised thousands of voters and violated the U.S. Constitution — have until Thursday to propose a detailed fix for the system. After that, Garcia will weigh the proposals and order a remedy.

Missouri: State Accused of Violating Federal Voter-Registration Laws | Courthouse News

Missouri

The League of Women Voters of Missouri sued the state Tuesday, claiming it did not follow federal voting-rights law requiring it to update the voter database with information from motor-vehicle records, which the group says impacts half a million residents every year. The National Voter Registration Act, or NVRA, requires states to offer residents the opportunity to register to vote whenever someone applies for a new or renewed driver’s license or state ID. It also requires the state to update the individual’s voter registration record whenever a voter updates their address information with the state motor vehicle agency. But the League of Women Voters of Missouri, joined by the St. Louis and Greater Kansas City branches of the A. Philip Randolph Institute, claims the state has failed to comply with the federal law.

Missouri: State sued for alleged violation of voter laws | Associated Press

Missouri

Advocacy groups on Tuesday filed a federal lawsuit against the state of Missouri for not following federal voter laws. The lawsuit accuses the state of not automatically updating voter registration after address changes and not providing required registration information to some voters. The lawsuit lays blame on the Department of Revenue for its role in registration tied to driver’s license services, as well as the secretary of state for not ensuring voter laws are followed.

California: Golden State Settles Suit Over Moter-Voter Rules | Courthouse News

California

Starting this April, the more than 1 million Californians who renew their driver’s licenses by mail each year will be able to register to vote using one form under the terms of a new settlement agreement. The settlement reached Jan. 10 ends eight months of litigation over California’s alleged violations of the National Voting Rights Act of 1993. The League of Women Voters and three other groups sued the state’s Department of Motor Vehicles and Secretary of State’s Office in May 2017, claiming the state burdens would-be voters by making them fill out the same information on two separate forms to register to vote.

Nevada: DMV chief criticizes alleged voter fraud investigation | Las Vegas Review-Journal

Nevada

DMV Director Terri Albertson said a letter sent to her office late Friday by Secretary of State Barbara Cegavske came “as a complete surprise.” In a written response to Cegavske, Albertson said, “you and your office have reviewed, contributed to, and approved the processes you are expressing concerns about.” The Republican secretary of state late Friday announced an investigation into alleged voter fraud, saying her office has uncovered evidence that noncitizens had cast ballots in the November election. Non-U.S. citizens who are in the country legally and live in Nevada can obtain a state driver’s license. Those without legal status can obtain a driver authorization card, which cannot be used as formal identification. Neither are eligible to vote.

Arizona: Voting rights groups say state is in violation of National Voter Registration Act | Arizona Daily Sun

Arizona

A coalition of voting rights groups is charging that state agencies are violating federal laws designed to provide opportunities for people to register. In a 15-page complaint Tuesday to Secretary of State Michele Reagan, attorneys for the groups detailed what they say are flaws in both state statutes and the processes used by state agencies in getting people signed up to vote. The lawyers say if the problems are not corrected within 90 days they will sue. Attorney Darrell Hill of the American Civil Liberties Union of Arizona defended the 90 day deadline. “The state has been aware of some of these problems for quite some time,” he told Capitol Media Services. Hill said groups have filed similar complaints in the past.

Pennsylvania: Federal Court Lambastes Conservative Effort To Strip Felon Voting Rights In Philadelphia | HuffPost

Pennsylvania

A federal appeals court on Monday upheld a lower court’s decision to dismiss a lawsuit against the Philadelphia City Commissioners that tried to force the city to purge convicted felons from the voter rolls, using scathing language against a conservative group that brought the suit. Felons in Pennsylvania cannot vote while they are incarcerated, but are eligible to do so upon release. The American Civil Rights Union (ACRU), a conservative group that has pushed for more aggressive voting rights restrictions across the country, said felons should be removed from the voter rolls after incarceration and sued the city, alleging it was violating the 1993 National Voter Registration Act (NVRA), which sets guidance for how states can purge their voter rolls. Judge C. Darnell Jones II of the U.S. District Court for the Eastern District of Pennsylvania, a George W. Bush appointment, dismissed the lawsuit last year.

Editorials: Purging voter rolls to suppress turnout | Baltimore Sun

Editorials

Last week, the U.S. Solicitor General took the unusual step of reinterpreting a 24-year-old federal statute specifically designed to convenience voting in order to switch sides in a pending Supreme Court case that centers on Ohio’s aggressive purging of voter rolls. The Trump Justice Department now sides with Ohio, which contends that not voting for six years — and then not responding to a single mailing asking the voter to confirm his or her registration — is sufficient to remove that person from state voter rolls. That should cause no small amount of alarm. It’s part of a broader effort by the Trump administration to restrict voting rights under the guise of fighting fraud, which is nearly non-existent. The true purpose is to keep from the polls individuals who are less likely to support Republican candidates or causes. And it’s a potential stake through the heart of the National Voter Registration Act of 1993, also known as the “Motor Voter Act,” which was meant to expand, not shrink, the nation’s voter registration rolls.

Editorials: Partners in Voter Suppression | The New York Times

Editorials

The Trump administration moved deeper into the politics of voter suppression this week by reversing the federal government’s opposition to Ohio’s effort to purge tens of thousands of voters from the rolls simply because they vote infrequently. A federal appeals court blocked Ohio’s move last year as a violation of voting laws, in a case brought by civil rights advocates and backed by the Obama administration’s Department of Justice. Now that an appeal has been accepted for this term by the Supreme Court, Trump appointees at Justice — not career professionals — have changed the government’s position to side with Ohio, in effect endorsing the purge and asking that it be allowed to go forward.

Kansas: Appeals court ruling requires Kobach to testify under oath | The Washington Post

Kansas

A federal appeals court ruling will force Kansas Secretary of State Kris Kobach to answer questions under oath about plans to change U.S. election law. The 10th Circuit Court of Appeals on Wednesday denied the Kansas Republican’s request for an emergency stay of his deposition by the American Civil Liberties Union. Kobach’s office declined to comment on the decision. Judges in Kansas found Kobach misled the court about the contents of a document he took into a November meeting with then-President-elect Donald Trump and a separate draft amendment to the National Voter Registration Act.

National: Leader Of Voter Fraud Probe Really Doesn’t Want To Release Trump Meeting Documents | HuffPost

National

Kansas Secretary of State Kris Kobach (R) continued to fight releasing documents from a meeting with President Donald Trump in November, saying that the public did not need to see them and that disclosing them would impede his ability to serve on Trump’s commission to investigate voter fraud. Kobach, who has lent support to Trump’s claims of widespread voter fraud and exaggerated instances of it in the past, made the argument with his lawyer in a Friday court filing as part of an ongoing lawsuit brought by the American Civil Liberties Union over a Kansas law requiring people to prove their citizenship to vote. As part of the lawsuit, the ACLU is requesting a Kansas federal judge unseal documents that Kobach was photographed holding when he met with Trump in November 2016, as well as a draft amendment to federal voting law, which circulated in his office. The documents contain potential amendments to the National Voter Registration Act, a 1993 law requiring motor vehicle and some other state agencies to provide opportunities to register to vote.

National: Emails show Kobach crafting changes to federal voting law after Trump win | The Wichita Eagle

National

Kansas Secretary of Kris Kobach was developing federal legislation immediately after the November election to “make clear” that proof of citizenship voter registration requirements – like what Kansas has – would be permitted nationwide. Emails contained in court filings on Friday show that the day after the presidential election Kobach was already preparing changes to the National Voter Registration Act, commonly called the motor voter law, for the future administration of President Donald Trump. Kobach, who announced a bid for Kansas governor in June, began a Nov. 9 email by referencing draft legislation for submission to Congress early in the Trump administration. “I have already started regarding amendments to the NVRA to make clear that proof of citizenship requirements are permitted (based on my ongoing litigation with the ACLU over this), as well as legislation to stop the dozen states that are providing instate tuition to illegal aliens in violation of (federal law),” Kobach wrote.

National: Voter fraud commission worries civil rights advocates | McClatchy

National

President Donald Trump’s election fraud commission is coming under fire not only for requesting mass amounts of voter information but also for including two key members who have been accused of championing legislation that would suppress voter participation along partisan lines. Kansas Secretary of State Kris Kobach was appointed the vice chairman of the Presidential Advisory Commission on Election Integrity after Trump signed an executive order in May. … “We all agree American elections need to be secure,” said Sophia Lin Lakin, a staff attorney with the ACLU’s Voting Rights Project. “What we’re looking into here is to ensure … all of the information is being considered under the light.” Kobach, who launched his campaign for governor of Kansas last month, has supported Trump’s unfounded claim that millions of people voted illegally in the 2016 election.

National: Advocates Worry Trump Administration Wants To Revamp Motor Voter Law | NPR

National

Lost in the uproar last week over a written request by a White House commission for state voter registration lists was another letter sent that same day. It came from the civil rights division of the U.S. Justice Department (DOJ), and asked states for details on how they’re complying with a requirement in the National Voter Registration Act (NVRA) — also known as the motor-voter law — that election officials keep their voting lists accurate and up to date. The timing and focus of the two letters — one from the commission and the other from DOJ — has made some voter advocacy groups nervous about what the Trump administration is up to, and whether its ultimate goal is to weaken or revamp the motor voter law. “It’s very concerning,” said Brenda Wright, vice president of policy and legal strategies at Demos, a liberal advocacy group that’s been fighting state efforts to purge voters from the rolls. Wright notes that the main purpose of the motor voter law is to expand opportunities to register to vote, but that millions of eligible Americans are still unregistered.

National: Justice Department Request For State Voter Information Follows Similar Kobach Query | KCUR

National

Officials with the U.S. Department of Justice are asking states including Kansas for information related to the National Voter Registration Act — a move made the same day that the president’s commission on voter fraud sent a request for “publicly available voter roll data.” In a letter sent June 28, Justice Department officials requested data on how states purge registrations of people who have died or moved. The letter seeks information to confirm that states are complying with federal law and keeping voting lists updated. Kansas Secretary of State Kris Kobach on the same day sent requests for voter registration information to all states in his role as vice chairman of President Donald Trump’s commission on voter fraud. Numerous states have said they will not provide some or all of the information that Kobach requested.

National: This DOJ Letter May Be More Alarming Than Trump Commission’s Request For Voter Data | HuffPost

National

Former Department of Justice officials and voting advocates are seriously alarmed over a DOJ letter sent to states last week that they say could signal a forthcoming effort to kick people off voter rolls. This comes as national attention focuses on several states blocking a request for voter information from President Donald Trump’s commission to investigate voting fraud, which does occur, but is not a widespread problem. The DOJ sent the letter to 44 states last Wednesday, the same day the Presidential Advisory Commission on Election Integrity sent a letter controversially requesting personal voter information. The DOJ letter requests that election officials respond by detailing their compliance with a section of the National Voter Registration Act of 1993 (NVRA), which covers 44 states and was enacted to help people register to vote, but also specifies when voters may be kicked off the rolls.  Several experts said it’s difficult not to see the DOJ letter in connection with the commission’s letter as part of a multipronged effort to restrict voting rights. 

Georgia: State Sued Over Alleged Voter Suppression | Law Street

Georgia

Ever since it was announced that Donald J. Trump was going to be the 45th President of these United States of America, Democrats have been looking to attach themselves to any kind of competition to gain some kind of payback for their defeat (See: Super Bowl LI). Although it didn’t result in an explicit victory, this past Tuesday’s special election for Georgia’s House seat in its Sixth District offered Democrats their first viable taste of victory and vengeance. Wednesday’s special election resulted in Democrat Jon Ossoff narrowly missing out on the 50 percent of the vote that he needed to win the contest outright, thus making a run-off between Ossoff and top GOP vote-getter Karen Handel necessary. The details of the run-off, scheduled for June 20, have already become the subject of controversy and, now, a lawsuit.

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

Voting Blogs

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

National: Judge Sends Voter Registration Case Back to Election Assistance Commission | Courthouse News Service

National

A federal judge says it’s up to the Election Assistance Commission to decide whether its executive director exceeded his authority when he allowed three states to change a national mail voter registration form to include a requirement of proof of U.S. citizenship. U.S. District Judge Richard Leon, of the U.S. District Court for the District of Columbia, held the case must be remanded to the commission “for the limited purpose of providing an interpretation of its internal directive which is necessary for resolution of the threshold issue of whether [Executive Director Brian] Newby acted within his subdelegated authority.” The dispute over the form involves Newby’s 2016 decision to allow Alabama, Georgia and Kansas to change the voter registration form. The three states had previously requested the modifications to reflect their respective state laws. Newby said that he considered their approval to be “ministerial.”

Editorials: What’s the Matter with Kansas: The Voting Edition | Ciara Torres-Spelliscy/Jurist

Editorials

Here’s the background of the Newby case. Kansas, Georgia and Alabama have been trying to make voting harder for voters through a series of restrictive voter ID laws. Another approach of these states has deployed is forcing voters to produce documentary evidence that they are American citizens when they register to vote. Asking for documentary proof of citizenship may sound reasonable enough, at first blush, but this runs afoul of the federal “motor voter” law which bars states from asking for additional information when voters register to vote using a standard federal form. The whole point of the motor voter law (whose formal name is National Voter Registration Act of 1993), was to make it easier for eligible Americans to register to vote when they were at the local DMV. While the legislators who pass these restrictive voting laws may think they are barring non-citizens from voting, instead these laws can disenfranchise regular Americans, especially those who were born at home instead of a hospital. These Americans may find it difficult, or well neigh impossible, to produce documentation of their birth proving that they are who they know they are: American citizens.

National: U. S. appeals court leaves proof-of-citizenship voting requirement to federal panel | The Washington Post

National

A U.S. appeals court panel that barred Kansas, Alabama and Georgia from adding a proof-of-citizenship requirement to a federal voter registration form wrote Monday that federal law leaves it to a federal elections agency — not the states — to determine whether such a change is ­necessary. The 2-to-1 written opinion follows a Sept. 9 order from the U.S. Court of Appeals for the D.C. ­Circuit. The panel wrote that although the document requirement “unquestionably” hinders voter registration groups ahead of the November elections, there was “precious little” evidence of voter fraud by noncitizens, the problem the states said the measure is intended to fight. The Kansas secretary of state had told the court that “between 2003 and 2015 eighteen noncitizens had tried to or successfully registered to vote. Only one of them attempted to use the Federal Form,” the judges wrote.

Kansas: Appeals court rules against Kobach in voting rights case | Associated Press

Kansas

Thousands of prospective voters in Kansas who did not provide citizenship documents will be able to vote in the November election under a federal appeals court ruling late Friday that upheld a judge’s order. The decision from the U.S. 10th Circuit Court of Appeals affirms lower court’s May order forcing Kansas to register more than 20,000 voters, a number that is expected to swell to 50,000 by the time of the November elections. It noted that the preliminary injunction serves the public interest. The 10th Circuit ruled “no constitutional doubt arises” that federal law prohibits Kansas from requiring citizenship documents from people who register to vote at motor vehicle office. It added that its reasoning would be more fully explained in a forthcoming order.

National: Democrats Seek Reversal on Voter Registration Hurdle | NBC

National

High-ranking congressional Democrats are raising more serious concerns about a move by the director of a federal voting agency that made it easier for several red states to require documentary proof of citizenship from people registering to vote. Rep. Elijah E. Cummings, Rep. Robert A. Brady and Rep. James E. Clyburn urged the Election Assistance Commission in a letter sent Wednesday to formally rescind a change made in January to the instructions on the federal voter registration form for Kansas, Georgia and Alabama, which allowed those states to require citizenship proof. A federal court found this month that the move, which was carried out unilaterally by the agency’s executive director, Brian Newby, could disenfranchise large numbers of eligible voters. Ruling that the move may violate federal voting law, the court blocked it from being enforced pending a resolution of the case. The letter outlines what the lawmakers called “troubling findings” from their probe into the issue — among them, that Newby conducted no written analysis of the impact of the change, and that he himself may no longer be certain that it was legal.