Ohio: Conflicting court rulings put Ohio’s voting rules in limbo | Associated Press

Ohio voter Keith Dehmann failed to list his birthdate when casting his absentee ballot in the 2014 general election and later tried to remedy the mistake. That same year, Linda and Gunther Lahm mixed up the envelopes for their absentee ballots and then overlooked birthdate errors when fixing the problem. All three eligible voters in the key swing state had their ballots tossed under laws one federal judge has ruled unconstitutional, and another found otherwise. The conflicting decisions for absentee and provisional ballots have put the state’s rules — and its voters — in legal limbo ahead of the presidential election as the issue is appealed.

California: Stanislaus County supervisor expects CEO’s office will look into ballot blunder | The Modesto Bee

Ron Hurst of Modesto was as confused as other voters who participated in the June 7 primary election. Arriving at his polling place, Hurst was told by an election worker that he was an inactive voter and had to vote with a provisional ballot, which would not be counted with the election day returns. An inactive voter? Hurst, 29, said he has voted in every election since turning 18, and certainly voted for himself when he ran for a Modesto City Council seat last November. “I am disturbed by how much was wrong with this year’s election,” Hurst said. “I know some people who were registered as Democrats and were sent the Republican primary forms.” Plenty of voters from across California were confused by the primary election. The nonpartisan Election Protection voter hotline, a nationwide service, received more than 1,300 calls from voters June 7, with the complaints ranging from polls that opened late to failed voting equipment, issues with mail ballots and election workers providing inaccurate information. More than half the complaints were from California.

Kansas: Kobach to Use Provisional Ballots for Upcoming Elections | Associated Press

Kansas Secretary of State Kris Kobach is planning to use provisional ballots during the upcoming elections and then throw out all of the votes for state and local races cast by the thousands of voters who register to vote at motor vehicle offices without providing proof of citizenship. An email sent from Kobach’s office to county election officials outlines the state’s proposed plans for implementing a two-tiered election system in the wake of a federal court order requiring Kansas to allow these voters to cast ballots at least in the federal races. The email sent by Election Director Bryan Caskey tells local election officials that the secretary of state has not approved a shorter “federal only” ballot. Instead, Kobach wants to institute a “partial provisional” process that allows election officials to go back into those provisional ballots and throw out any votes cast in state and local races and count only votes cast for president and U.S. Senate and House.

California: 1.4 million ballots still to be counted | KPCC

More than 7 million ballots have been counted across the state from last week’s primary election. But in California, counting votes takes a long time: as of Thursday, the Secretary of State’s office reported there are still about 1.4 million ballots remaining to be counted. In Los Angeles County, the latest numbers from the registrar’s office shows about 350,000 ballots still need to be counted. About 1.7 million ballots were cast and counted so far. The Secretary of State has about a month to process all ballots statewide. Counties have to submit their results to the state by July 8, and the state has until July 15 to certify the statewide results. As for how many people voted, the numbers will go up as more votes are counted, but right now statewide voter turnout is tracking at about 41 percent.

California: One week later, almost 2 million California primary ballots still must be reviewed | Los Angeles Times

Elections officials across California continue to work through a stack of unprocessed ballots, now totaling more than 1.9 million potential votes in last week’s local and statewide races. About 60% of the unprocessed ballots are in just a half dozen counties. By law, local officials have another three weeks to count votes, a process slowed down in part by the large number of ballots cast by mail. This is also the first year for a new state law allowing any ballot received 72 hours after election day to be counted, as long as it was postmarked in time.

Maryland: Baltimore’s primary election foul-ups did not happen elsewhere | Maryland Reporter

Baltimore’s troubled primary election could be blamed on delayed training materials for Maryland’s new paper ballot system and repeated revisions to a training manual for election judges. But it doesn’t explain why major voting irregularities took place in only one of Maryland’s 24 voting jurisdictions, while the rest of the state experienced nominal problems. Baltimore City’s own elections director, who denies fraud or wrongdoing in the April 26 election, suggests that hundreds of election judges not showing up as scheduled, trouble recruiting quality judges and a lack of uniformity in general knowledge of procedures could be at issue. But plaintiffs in a federal lawsuit believe repeated negligence by top officials led to the problems. Meanwhile, the governor’s office raised red flags about preparedness well before the election but were reassured that all was well. Over 1,700 provisional ballots were improperly handled, and the lawsuit has been filed in federal court alleging voter fraud and gross negligence.

California: ‘It was just chaos’: Broken machines, incomplete voter rolls leave some wondering whether their ballots will count | Los Angeles Times

California voters faced a tough time at the polls Tuesday, with many voters saying they have encountered broken machines, polling sites that opened late and incomplete voter rolls, particularly in Los Angeles County. The result? Instead of a quick in-and-out vote, many California voters were handed the dreaded pink provisional ballot — which takes longer to fill out, longer for election officials to verify and which tends to leave voters wondering whether their votes will be counted. This year’s presidential primary race has already been one of the most bitter in recent memory. Before Tuesday’s vote, Bernie Sanders supporters accused the media of depressing Democratic turnout by calling the nomination for Hillary Clinton before polls opened in California. Those feelings haven’t gotten any less raw Tuesday as hundreds of Californians complained of voting problems to the national nonpartisan voter hotline run by the Lawyers’ Committee For Civil Rights Under Law. It’s difficult to get a sense for how widespread the problems are or how they compare to recent elections. But experts said the culprit for Tuesday’s voting problems seems to be a confluence of factors — old voting machines, a competitive election that has drawn new voters, plus complex state voting laws that can be hard for poll volunteers and voters to follow.

Ohio: Federal judge finds Ohio laws on absentee and provisional ballots violate U.S. Constitution | Cleveland Plain Dealer

A federal judge on Tuesday threw out provisions in Ohio’s law that had voided absentee and provisional ballots for technical flaws made by otherwise qualified voters. In a lawsuit filed by the Northeast Ohio Coalition for the Homeless, the Columbus Coalition for the Homeless and the Ohio Democratic Party, U.S. District Judge Algenon L. Marbley ruled that the laws violated provisions of the 14th Amendment of the U.S. Constitution that require citizens receive equal protection under the law. Marbley also ruled that the state’s attempt to shorten a period from 10 to 7 days during which voters could fix those technical flaws was also unconstitutional, as was a provision that forbid poll workers from helping to fill out the ballot forms unless the voter declared he or she was either illiterate or disabled. Witnesses in a voting rights case in federal court said this week that in 2014 some legitimate ballots were rejected, while in other cases flaw ballots were counted. The case involves a lawsuit by advocates for the homeless and Ohio Democrats who are challenging the constitutionality of some Ohio election laws.

Ohio: Husted appeals 2nd ruling tossing Ohio voting laws | The Columbus Dispatch

With the vocal support of GOP legislative leaders Wednesday, Ohio Secretary of State Jon Husted appealed the latest of two voting rights rulings against the state, blaming them for creating “ chaos and voter confusion.” “Unfortunately, in the time span of just two weeks, the integrity of our elections has been jeopardized as two federal judges have issued decisions that directly conflict with each other and put our elections process in limbo with no clear path forward absent a clear ruling from the appellate court,” Husted said. Democrats who won both court cases say if the Republicans want someone to blame for “chaos” in Ohio’s voting laws, they should look in the mirror. “Their handiwork continues to violate the Constitution — that’s where the chaos and confusion comes from,” said Ohio Democratic Party Chairman David Pepper. “They’re just playing games at this point.”

North Carolina: Some Durham County voters will receive new primary ballot | News & Observer

In light of finding Durham County elections workers had counted dozens more votes than had actually been cast, the State Board of Elections has decided to scratch 892 provisional ballots and mail out new ballots to those voters more than two months later. In a meeting to finalize the results of the March 15 primary, the board voted unanimously to approve only 147 provisional ballots that could be checked for eligibility and moved to send out new ballots to voters whose ballots could not be verified. The decision came out of a state investigation into discrepancies in the Durham County election primaries that found the state only had physical copies for 980 provisional ballots, despite having approved or partially approved 1,039 provisional ballots to count toward final election totals.

Maryland: Analysis: Improperly scanned ballots too few to affect outcomes of Baltimore City Council primary races | Baltimore Sun

Were the irregularities in Baltimore’s primary election numerous enough to affect the outcome of City Council races? It’s a question on a lot of people’s minds. The State Board of Elections reported last week there were 1,188 provisional ballots improperly scanned into the results of Baltimore’s primary election in April — without verification that the voters were registered. That’s too few votes to affect the outcome of the Democratic primary for mayor, where state Sen. Catherine E. Pugh defeated former Mayor Sheila Dixon by more than 2,400 votes. But was it enough to affect a council race, where only hundreds of votes separate competitors? An analysis of election data by The Baltimore Sun shows that — much like the mayor’s race — the potentially invalid votes were too few to affect the outcomes of even down-ballot contests.

Maryland: Board On Baltimore’s Election: ‘We Don’t Know What Happened’ | CBS

The State Board of Elections continues to update its investigation into voter irregularities and fraud in the Baltimore City primary election. All the concerns forced the board to refuse to accept the results of the election. Political reporter Pat Warren has more on what they found, and what’s next. The “who” and the “how” are becoming pretty clear. “The pattern that we saw clearly was that the provisional ballots were scanned in the polling place instead of being held with the applications,” said Linda Lamone, state elections administrator. In some cases, every single provisional ballot that should have been set aside was scanned.

Maryland: 800 improperly counted votes in Baltimore cannot be removed from results | The Washington Post

Maryland elections officials have uncovered nearly 800 improperly counted ballots from Baltimore residents who may not have been eligible to vote, calling into question how poll workers were trained for a new voting system in the April 26 primary. The discovery of hundreds more ballots cast than voters who checked into Baltimore polling sites led to the decertification of that city’s election results. On Thursday, the State Board of Elections discussed the ongoing investigation into the irregularities and how things went wrong. Election judges had apparently scanned ballots cast by people who did not appear on voter rolls, Elections Administrator Linda Lamone told the five-member board. Those ballots were not supposed to be counted until officials verified that the voter was authorized to vote. “This was a training issue introducing a brand-new voting system in Maryland,” Lamone said. “There is no evidence of voter fraud.” Some discrepancies in voters and votes in Baltimore could not be explained, she said. “The numbers simply don’t match,” Lamone said.

Maryland: State review finds ‘significant’ irregularities in Baltimore election | Baltimore Sun

About 1,000 more votes were cast during Baltimore’s primary election than there were voters who checked in at the polls, an ongoing state review has found. State elections officials said Thursday that workers examining Baltimore’s election have uncovered “significant” problems. They have found more than 450 provisional ballots that were not considered by election judges. And nearly 800 provisional ballots — given to voters whose eligibility is in question — were improperly counted before eligibility was verified, officials said. Most of the problems were caused by untrained judges scanning ballots into the system that they shouldn’t have, said Linda H. Lamone, Maryland’s elections administrator. The state might not get to the bottom of every problem, she told the State Board of Elections. “There will be precincts that cannot be explained,” Lamone said. “We don’t know what happened. The numbers simply don’t match.”

New York: Elections Board Certifies Primary Vote, Rejects 91,000 Provisional Ballots | The Indypendent

After presiding over a chaotic Democratic presidential primary on April 19, the New York City Board of Elections released its certified election results Friday afternoon showing that it has rejected 91,000 provisional affidavit ballots, or about three out of every four cast that day. Diana Finch, who has served as a poll worker for nearly a decade, said the number of affidavit ballots in her Bronx election district far exceeded the usual number. “The envelopes that are provided to each election district to put the affidavit ballots in were all filled to bursting at my poll site, we had to squeeze the affidavit ballots in,” Finch told The Indypendent. “Clearly the Board of Elections never anticipated having so many affidavits.”

Ohio: Franklin County official: Some 2014 ballots wrongly rejected | The Columbus Dispatch

Franklin County tossed out about a dozen voters’ ballots that should have been counted, elections board Director William Anthony testified in a federal trial in Columbus that could change how Ohio conducts its elections. Anthony’s concession that valid 2014 votes were not tabulated is merely the tip of the iceberg of problems plaguing Ohio’s vote-counting procedures since the GOP-dominated legislature passed and Gov. John Kasich signed a pair of laws that year dealing with absentee and provisional ballots, the groups pressing the federal lawsuit contend. During an extended period on the witness stand this week, Anthony, who also is chairman of the county Democratic Party, was shown ballot after ballot that he acknowledged should have at least been further examined by county elections officials before being cast aside.

Florida: Lawmaker Looks To Ensure Provisional Ballots Are Counted | WFSU

During a presidential election in Florida, thousands of provisional ballots are left uncounted. In some cases, that’s because voters forgot to sign them. And Sen. Audrey Gibson (D-Jacksonville) has a bill to do something about that. “It’s a very simple bill it just allows a voter who casts a ballot, but fails to sign his or her name to be able to cure that deficiency just like a voter can cure that deficiency on a vote by mail ballot,” Gibson says. A vote by mail ballot, or absentee ballot allows someone to request that a ballot be mailed to their home then they mail it back or drop it off at the supervisor of elections office. And sometimes voters make mistakes when filling out those ballots –like forgetting to sign them. But Gibson says there’s a plan in place to address that. And she wants that same plan to apply to provisional ballots—or a ballot that’s voted in person at a polling location, often when there are questions about a voter’s eligibility.

Ohio: 4,100 ballots tossed in 2014-15 for technical errors, lawsuit says | Cleveland Plain Dealer

Nearly 12 percent of absentee and provisional ballots rejected by Ohio elections boards in 2014 and 2015 general elections were bounced for technical issues, according to documents filed in federal court Thursday. Those technical issues — names that don’t exactly match voter records, missing or incorrect dates of birth, improper voter ID or conflicts in voters’ addresses — are the target of a lawsuit. The suit claims that state rules enacted in 2014 violate constitutional rights and disproportionately hurt African-American, Latino and poor voters. In addition to identifying 4,105 ballots disqualified for technical errors, data collected by the plaintiffs show that the rate of disqualification varies widely from county to county. In the 10 largest counties, that rate was as low as 1 percent and as high as 24.8 percent. Unless the boards of elections are able to contact a voter to get a ballot corrected, the voter’s ballot may not be counted and the voter may never know.

Ohio: Federal judge hearing dispute over Ohio’s voting rules | Associated Press

Attorneys representing Ohio Democrats in a legal dispute over changes to the swing state’s voting laws said Monday that a federal judge should strike down the adjustments because their burden on voters outweighs any benefit to the state. But lawyers for the state claim the voting changes were minor and argue that Ohio offers many opportunities for its residents to vote. At issue in the case are a series of Republican-backed changes that Democrats allege disproportionately burden minority voters and those who lean Democratic. Among the policy changes was elimination of a week of early voting in which Ohioans also could register to vote, known as “golden week.” U.S. District Judge Michael Watson heard opening statements in the trial that began Monday and is expected to stretch into next week. The case is being tried before Watson instead of a jury. The case also challenges rules related to absentee and provisional ballots, and limitations to in-person, early voting locations. Democrats want Watson to block the policies from being enforced.

Ohio: Problems, delays at 10 polling stations | Cincinnati Inquirer

The launch of Hamilton County’s new electronic voter sign-in system hit some snags Tuesday as voters and poll workers in several polling locations struggled with the technology. The trouble was severe enough in 10 of the county’s 364 polling places that workers had to resort to the old paper poll books to sign in voters. The problems were not isolated to those locations, however, as voters in several other spots around the county complained they were given provisional ballots when their names did not appear on the electronic registry. “That’s unacceptable,” said Joseph Brotzge, a Loveland man who voted provisionally after poll workers could not find his name at the polling place where he has voted for 30 years. “It tells me they did poor planning. This is not the type of experience one wants to have.” … Ohio Secretary of State Jon Husted said the problems were likely the result of human error, rather than the fault of the new technology. Husted, who stopped by one of the county’s busiest polling places in St. Bernard early Tuesday, said the new system is working well overall and voters are generally happy with it.

North Carolina: Voter ID law goes back to court in North Carolina | Digital Journal

The voter ID provision of North Carolina’s controversial Voter Information Verification Act (VIVA) will be the subject of a hearing in federal court next week. Lawyers for both sides will return to court on October 23 to update U.S. District Court Judge Thomas Schroeder on negotiations meant to settle legal challenges to VIVA’s voter ID provision out of court, the Winston-Salem Journal reports. The photo ID requirement is one of the most controversial provisions of VIVA, a comprehensive overhaul of North Carolina voting law signed into law by Governor Pat McCrory on August 12, 2013. In its original form, the ID provision required voters to present one of eight state-approved photo IDs before casting a ballot, starting in 2016. Critics of the law have argued the photo ID requirement unfairly burdens poor, elderly, minority and student voters who are more likely to lack one of the eight approved IDs.

Tennessee: Shelby County Election Commission On Voting Error | WLMT

Within the first week of early voting in Memphis, a couple said they had issues with their ballots. Their ballots said they lived in District 7, but they actually live in District 5. Shelby County Election Commission Chairman Robert Meyers said they learned about the issue on Friday and found those voters did in fact get the wrong ballot. “This particular incident I believe that they were very close to the line and so that just didn’t appear as clearly as perhaps we would’ve liked for it to,” Meyers said.

North Carolina: Two sides negotiate voter ID provision | News & Observer

Attorneys on both sides of the lawsuits challenging the 2013 state election law overhaul are trying to find common ground on North Carolina’s voter ID law and plan to report the results of their efforts to a judge next month. Lawyers for the NAACP and others offered that detail in an update to the federal judge presiding over the cases that will determine which rules govern elections in North Carolina next year. They plan to report to the judge on Sept. 17 as part of a trial that could test the breadth of protections for African-Americans with claims of voter disenfranchisement two years after the U.S. Supreme Court invalidated a key provision of the 1965 Voting Rights Act. U.S. District Judge Thomas Schroeder presided over three weeks of arguments in July on parts of the challenge that did not include the requirement that N.C. voters show one of six photo identification cards to cast a ballot. The legislature amended that portion of the law on the eve of the trial, setting up a request from the challengers for deeper review of the broader implications of the changes.

Ohio: Democrats seek to join lawsuit over voting changes | Associated Press

The Ohio Democratic Party and two of its county organizations are seeking to join a federal lawsuit filed in May that alleges that election laws and rules in the political battleground state disproportionately burden Democratic-leaning voters. The Ohio Organizing Collaborative brought the case. But in court filings last week, the organization’s attorneys asked Magistrate Judge Norah McCann King to let it withdraw and substitute in its place the state’s Democratic Party and Cuyahoga and Montgomery county parties. “OOC is a non-profit organization with limited resources, and it does not have the institutional capability to remain as a plaintiff,” attorneys wrote in court documents.

North Carolina: Voter ID law topic of negotiations | News & Observer

North Carolina’s voter ID law will be the topic of discussion this week among attorneys on each side of the lawsuits challenging the 2013 state election law overhaul. Lawyers for the NAACP and others offered that detail in an update to the federal judge presiding over the cases that will determine which rules govern elections in North Carolina next year. They plan to provide a report of their efforts to find common ground in a report to the judge on Sept. 17 as part of a trial could test the breadth of protections for African-Americans with claims of voter disenfranchisement two years after the U.S. Supreme Court invalidated a key provision of the 1965 Voting Rights Act. U.S. District Judge Thomas Schroeder presided over arguments during three weeks in July on parts of the challenge that did not include the requirement that N.C. voters show one of six photo identification cards to cast a ballot. The legislature amended that portion of the law on the eve of the trial, setting up a request from the challengers for deeper review of the broader implications of the changes.

Ohio: Ohio voting laws discriminate, lawsuit says | Associated Press

Recently passed Ohio voting laws create hurdles for minority voters casting absentee and provisional ballots, advocates argued in an updated federal lawsuit filed on Monday. The laws and similar orders by the secretary of state unconstitutionally permit absentee votes to be thrown out for ID errors, according to the lawsuit. Those mistakes could include putting down the wrong birth month on the absentee envelope even when a voter supplied the correct information when requesting the ballot, the lawsuit said. The laws also removed protection for voters casting provisional ballots by failing to provide the chance for voters to be notified of errors that could cause the ballot to be rejected, according to the lawsuit.

Ohio: Election rights advocates allege new voter ID violations | Associated Press

Recently passed Ohio voting laws create new hurdles for minority voters casting absentee and provisional ballots, election rights advocates argued in an updated federal lawsuit filed Monday. The laws and similar orders by the state’s elections chief unconstitutionally permit absentee votes to be thrown out for ID errors, according to the lawsuit. Those mistakes could include putting down the wrong birth month on the absentee envelope even when a voter supplied the correct information when requesting the ballot, the lawsuit said. The laws also removed protection for voters casting provisional ballots by failing to provide the chance for voters to be notified of errors that could cause the ballot to be rejected, according to the lawsuit.

Utah: New by-mail voting could mean election night mystery: Who won? | The Salt Lake Tribune

Waiting up late to see who wins on election night may be frustrating Tuesday. More municipal primary races than usual may remain undecided — for up to two weeks — because many ballots will still be in the mail. Most major Utah cities switched this year to voting primarily by mail, including seven of the eight Salt Lake County cities holding primaries Tuesday. Fourteen of the 16 cities in Utah’s largest county will also vote by mail in the Nov. 3 general election — all but Taylorsville and West Valley City. By-mail ballots must be postmarked by Monday, the day before the election. So they may trickle in over several days. State law prohibits updating vote counts publicly between election night and the final official vote canvasses by city councils — which must be held between seven and 14 days after the election.

Kansas: Ruling won’t change Kansas voter registration system | The Legal Record

Kansas residents can register to vote using a federal form without having to provide proof of citizenship under the June 29 U.S. Supreme Court ruling, but they won’t be allowed to vote in state and local elections, the state’s top election official said. The high court’s justices rejected an appeal from Republican officials in Kansas and Arizona who have sought force federal elections officials to change a national voter registration form so that it requires new voters in their states to submit a birth certificate, passport or other papers documenting U.S. citizenship. Last year, the 10th U.S. Circuit Court of Appeals said the two states can not demand that the U.S. Election Assistance Commission help them enforce their laws. Most new Kansas voters use a state voter registration form requiring such documents. The federal form requires only that voters sign a sworn statement saying they are citizens.

New Jersey: Same day voter registration nixed from ‘Democracy Act’ | NJ.com

Just one week after it was introduced, a slightly pared down bill to overhaul New Jersey’s voting system began its legislative journey Monday. The Assembly Appropriations Committee voted 6-3 to approve the “Democracy Act” along party lines, with Democrats supporting it and Republicans opposing it. “We cannot afford to let our democracy sit with diminishing participation at the polls and do nothing about it, because democracy suffers,” said Deborah Cornavaca, legislative director for New Jersey Working Families, a progressive group that has been pushing the measure.