Montana: Lawmaker argues special elections request is unfair to Native Americans | Great Falls Tribune

A Senate Bill that would let counties hold a presumptive special election by mail ballot came under criticism Monday by a lawmaker who feared it would not be fair to people who live on reservations who vote at satellite offices. Rep. Sharon Stewart-Peregoy, D-Crow Agency, told members of the Senate State Administration Committee that the proposal known as Senate Bill 305 at the behest of the Montana Association of Clerks and Recorders was another example of suppressing the Native American vote. She said tribes have undergone litigation with counties in order to get equal access to the polls through satellite offices. “I highly oppose it as it is a form of suppression in my district,” Stewart-Peregoy said, adding “this is another example of the government being forked-tongued.”

Montana: County officials ask lawmakers to allow all-mail ballots in special election | KTVH

Officials from counties around Montana came to the Capitol Monday, asking lawmakers to let them conduct the election for Rep. Ryan Zinke’s congressional seat by mail ballot. The Senate State Administration Committee held an initial hearing on Senate Bill 305, sponsored by Republican Sen. Steve Fitzpatrick of Great Falls. The bill would give counties the choice of whether to have traditional polling places or only mail ballots for the upcoming special election. The committee heard from dozens of commissioners and elections officials, from counties ranging from Richland to Ravalli. They argue that counties are already facing an unexpected cost to run the election, and switching to all-mail ballots could save them each tens of thousands of dollars. In larger counties like Missoula, Yellowstone and Gallatin, those savings could be closer to $100,000.

Montana: Counties seek help with special election | Grand Falls Tribune

The Montana Association of Clerks and Recorders is asking state officials to let them run the special election to fill the U.S. representative seat by mail ballot, saying it could save counties as much as $750,000. Cascade County estimates it would cost $145,000 or more to do the election by polling place and counties, which did not budget for the cost, would be responsible for the tab , officials said. They’ve turned to the state Legislature for help. Sen. Steve Fitzpatrick, R-Great Falls, is carrying Senate Bill 305, which is slated to be heard 2 p.m. Monday by the Senate’s State Administration Committee in Room 335. “This bill makes sense as the mail-ballot process is practiced in all odd-year elections and is about 50 percent of the cost of running the election by poll,” Rina Fontana Moore, the Cascade County clerk and recorder, said via email. It’s a one-time exception to do a federal election by mail ballot, supporters said.

Alabama: Lawmaker concerned with delayed special election for Senator | WTVM

One lawmaker says the special election to replace U.S. Attorney General Jeff Sessions’ senator seat is illegal. After appointing Luther Strange to the seat, Governor Robert Bentley expressed that the special election to find a permanent replacement for the position would be held during the 2018 general election. According to Representative Chris England (D-Tuscaloosa), this is a crystal clear violation of a law. England says the law requires Bentley to call the election forthwith. By waiting until the November 2018 general election, Strange would serve more than a year and a half in the position without a public vote.

Alabama: What Alabama law says (and doesn’t say) about special elections for Senate | AL.com

With the Alabama Code, what was intended, what gets written and how it’s interpreted are often different things, and so it is when setting special election to replace Jeff Sessions in the United States Senate. On Thursday, Gov. Robert Bentley set a special election to be held in 2018, at the same time as state and mid-term national elections. But was that legal? State Rep. Chris England, D-Tuscaloosa, says it wasn’t. “For anyone that has read the law, this is ILLEGAL,” England wrote on Facebook Thursday, above the relevant snippets of the Alabama Code. “Again, read it for yourself. If the vacancy occurs more than four months prior to the next upcoming general election, which it CLEARLY does, state law demands that the Governor call a special election ‘forthwith.'” I have read that section many times since last November, and I’ve gone over it with several lawyers I trust, and the verdict? It’s unclear.

Montana: Republican leaders oppose cheaper mail-ballot election to replace Zinke | Bozeman Daily Chronicle

Top Republican leaders earlier this week asked state Rep. Geraldine Custer not to introduce a bill to make the coming special election by mail ballot only. Montana’s expecting a special election this spring to replace U.S. Rep. Ryan Zinke, who’s been nominated for secretary of the interior. Democrats, Republicans and Libertarians are already preparing campaigns. A major factor in all elections is voter turnout, and election processes affect it. Custer, a Republican, told the Chronicle that Speaker of the House Austin Knudsen, Republican Party Chairman Jeff Essmann and the state’s highest election official Secretary of State Corey Stapleton, oppose a mail ballot-only election. “The Democrats used to oppose it, but now the parties have flipped,” Custer said. “Personally, I’d rather get beat in an election with good turnout than win an election with low turnout.”

Ohio: Lawmakers want to avoid special election costs | Dayton Daily News

A special election with just one candidate on the ballot cost taxpayers hundreds of thousands of dollars, and some state lawmakers are trying to prevent that from ever happening again. Rep. Kyle Koehler, R-Springfield, hopes passage of a new state law will avoid what he called the future waste of taxpayer money on special elections that involve just one candidate on the ballot. The proposal, which Koehler co-sponsored, arose last year when Democratic 8th District candidate Corey Foister dropped out of the race. A special election was required to pick a replacement, but only one Democrat, Steven Fought, stepped forward to run. Clark County Board of Elections Director Jason Baker said the resulting Sept. 13 special election was mandated by law, and local boards had no choice.

Kansas: Special election adds urgency to pending court cases | Associated Press

The special election for the congressional seat formerly held by new CIA Director Mike Pompeo has added urgency to pending court decisions in multiple federal lawsuits challenging restrictive voter registration requirements in Kansas. Gov. Sam Brownback has called an April 11 special election to fill the 4th District seat, which represents southern Kansas. Preliminary court orders allowed Kansans who registered using a federal form or at motor vehicle offices to vote in the November election even if they didn’t conform to a disputed Kansas requirement to provide documentary proof of citizenship to vote, such as a birth certificate, naturalization papers or a passport.

Kansas: Governor sets April 11 election to fill Pompeo’s seat | Associated Press

Gov. Sam Brownback called a special election for April 11 to fill the south-central Kansas congressional seat previously held by CIA Director Mike Pompeo, with an already crowded field that includes Pompeo’s predecessor, the state treasurer and a former state treasurer. Brownback signed the necessary document Tuesday — called a writ of election — a day after the U.S. Senate confirmed Pompeo’s appointment by President Donald Trump. It will be the state’s first special congressional election since 1950. Democrats and Republicans in the 17-county district that includes Wichita must have special conventions by Feb. 18 to pick their nominees. For the election, Brownback picked the first Tuesday allowed under a 6-day-old state law aimed at giving military personnel an additional month to receive and return their ballots. “The people of the 4th District needed a representative as soon as possible,” Brownback told reporters. “You’re looking at a very active Congress.”

North Carolina: US Supreme Court makes no decision on redistricting case requiring 2017 elections | News & Observer

The U.S. Supreme Court justices offered no clue Thursday as to whether special elections ordered for North Carolina in 2017 will move ahead. The justices went behind closed doors together in the morning. Materials had been distributed to the eight Supreme Court members on the North Carolina redistricting case in which a federal three-judge panel found 28 state House and Senate districts to be unconstitutional racial gerrymanders. The justices issued no order – leaving uncertainty about whether the high court would take up the case, and if so how quickly it would be heard and decided. The three-judge panel issued its ruling in August. In November, after voters went to the polls to elect candidates in the districts that had been declared unconstitutional, the judges ordered new maps to be drawn for the 28 flawed districts by March and elections held in any of the altered districts this year.

North Carolina: US Supreme Court puts 2017 legislative election, redistricting on hold pending appeal | News & Observer

The U.S. Supreme Court on Tuesday put a court-ordered legislative redistricting and 2017 special election on hold while it reviews Republican legislators’ appeal in an ongoing lawsuit. A lower federal court ruled months ago that the current legislative districts are an unconstitutional racial gerrymander, and it ordered the General Assembly to draw new districts by March 15 and hold a rare off-year election in altered districts this November. Tuesday’s Supreme Court order puts that order on hold until a Jan. 19 conference among the justices at which they will consider an appeal seeking to keep the current districts in place. From that conference behind closed doors, it could become clearer whether there will be elections held in 2017. The justices could immediately dismiss the appeal and keep the order for new maps and new elections this year. Or they could ask attorneys involved in the case to give them more briefs in the case and set arguments for later in the year, leaving the question of an election this year ambiguous. Since the court is currently missing a ninth justice following Antonin Scalia’s death, a 4-4 decision would keep the lower court’s ruling in place.

Kansas: House fixes election law to fill Pompeo seat | The Wichita Eagle

Updating special-election rules that haven’t been touched since the 1950s, the state House on Thursday approved a bill to fix problems with the process for replacing U.S. Rep. Mike Pompeo. The bill extends the time period for holding a special election, allows the Libertarian Party to nominate a candidate like the Republicans and Democrats, and eases the signature burden for independent candidates. The measure passed 122-1. It will go to the Senate next week. It is unusual for the House to pass substantive legislation in the first week of a session. House Bill 2017 is fast-tracked because President-elect Donald Trump has selected Pompeo to serve as chief of the Central Intelligence Agency.

Utah: Lawmakers Racing to Fix Gaping Hole in Utah Election Law | Utah Policy

A fight over Utah election law could roil the first few weeks of the 2017 Utah Legislature. Speculation is swirling that Rep. Chris Stewart could be named Secretary of the Air Force in the Donald Trump administration. If that comes to pass, Stewart would have to resign his seat in Congress, leaving a vacancy. Here’s where that becomes a problem. Utah has no procedure for filling a vacant seat in the U.S. House of Representatives. State law only says in the case of a vacancy in that body, “When a vacancy occurs for any reason in the office of a representative in Congress, the governor shall issue a proclamation calling an election to fill the vacancy.” That’s it. The law does not specify how soon he has to call the election, and how that election will be conducted. … Here’s how this could become a massive headache.

Kansas: Bill seeks to clarify special election to replace Pompeo | The Wichita Eagle

A bill to fix scheduling and ballot-access problems for an upcoming election to replace Rep. Mike Pompeo is set to be considered in the Kansas House on Thursday. House Bill 2017 would revise current state law to comply with federal deadlines for sending military absentee ballots overseas. The bill also would allow the Libertarian Party to field a candidate in the special election and ease the signature requirement for independent candidates to get on the ballot. Rep. Keith Esau, R-Olathe and chairman of the House Elections Committee, said he expects a floor vote on the bill Thursday. The bill is being fast-tracked because Pompeo has been nominated by President-elect Donald Trump to head the Central Intelligence Agency, and he is expected to be confirmed by the Senate in a matter of days. That will create a vacancy in the Wichita-based 4th Congressional District, which must be filled by a special election.

North Carolina: Supreme Court Blocks Special Elections in North Carolina | The New York Times

The Supreme Court on Tuesday blocked a trial court’s ruling ordering special elections in North Carolina that would have truncated the terms of many lawmakers in the state. The Supreme Court’s brief order included no reasoning, and it said the temporary stay of the lower court’s decision would last only as long as it took the justices to consider an appeal from state officials. In August, the trial court found that the state’s legislative map had been tainted by unconstitutional racial gerrymandering. But it allowed the November election to proceed, saying there was not enough time to draw new legislative maps.

California: The only thing ‘special’ about California special elections is the cost to taxpayers | Los Angeles Times

Democracy won’t come cheap in Los Angeles in 2017. Voters from Boyle Heights to Eagle Rock will likely vote twice — after two earlier elections last year — to fill a single seat in the U.S. House of Representatives, with the final ballots costing county taxpayers more than $1.3 million to cast and count. This episode begins with former Sen. Barbara Boxer’s decision to retire in 2016, leading to the election of Sen. Kamala Harris. When she gave up her post as state attorney general, Gov. Jerry Brown chose Los Angeles Rep. Xavier Becerra as her replacement. And to fill Becerra’s seat, Brown must call a special election in the 34th Congressional District. We’ll get to the timing of that election in a moment. The common sense meaning of the word “special” is to describe something that, at the very least, is unusual. But there have been 50 special legislative or congressional elections in California in the last decade, according to state records. Thirteen contests were held in 2013 — more than any single year for almost the last quarter-century.

Editorials: North Carolina GOP should drop effort to block 2017 election | News & Observer

A three-judge federal panel has delivered, to no one’s surprise, an expected order that North Carolina must push ahead with a special election in 2017. The election comes as a result of an earlier ruling ordering new legislative maps to be drawn by March 28 for new districts. Any districts that have to be altered to correct unconstitutional gerrymandering will have to hold special elections this year.

Alabama: No special election to replace Sessions; Bentley says move could save $16 million | AL.com

Gov. Robert Bentley said Thursday that his appointee to replace Jeff Sessions in the U.S. Senate won’t have to face a special election for the seat later this year. Instead, the new senator would be up for election during the regularly scheduled contests in 2018, if he or she chooses to run. Bentley said that he could publicly name the new senator as soon as next week, and that he hopes to decide on the replacement by tomorrow. The decision to forgo a special election in 2017, according to governor, could save the state up to $16 million. “It’s a statewide election and you need a primary, runoff and general election,” Bentley said to the media following an appearance during the 11th annual Alabama First Class Pre-K Conference in Mobile. “Each one of those would cost $4 million to $5 million. It will save the state a lot of money.”

North Carolina: Judges refuse to delay court-ordered 2017 legislative elections | WRAL

Three federal judges on Wednesday denied a request by state lawmakers to postpone their earlier order requiring new state House and state Senate districts be drawn and elections be held this year. The judges ruled last August that lawmakers had relied too heavily on race when they drew 28 legislative districts in 2011, but they said there wasn’t enough time to rectify the situation before the November elections. So, they later ordered lawmakers to redraw the districts by March 15 and hold primaries in the summer and a special general election in the fall. Lawmakers have appealed the ruling to the U.S. Supreme Court, but they also filed a motion with the three-judge panel to stay their decision, arguing that voters chose their legislators to serve for the next two years and that the state shouldn’t have to invest resources in a special election.

Kansas: The complicated, messy logistics of a potential special election | The Wichita Eagle

Sedgwick County Election Commissioner Tabitha Lehman says one of the main questions she gets is what her department does between elections. “I kind of laugh and say, ‘When are we between elections?’ ” she said. Sedgwick County was supposed to have a longer break before its next countywide election. Then President-elect Trump nominated 4th District Congressman Mike Pompeo to lead the Central Intelligence Agency. “We were supposed to be ‘between elections’ right now,” Lehman said at a county commission meeting this month. “We no longer are.” If Pompeo is confirmed by the U.S. Senate, his replacement will be chosen by the voters of the 4th District, which includes Sedgwick County and most of south-central Kansas. Officials will need to work quickly to set up polling locations and get workers for the polls. And if the county’s new voting machines aren’t ready in time, most voters will cast paper ballots.

Montana: Process to choose Zinke’s U.S. House successor is not entirely clear | KTVQ

If U.S. Rep. Ryan Zinke becomes Interior secretary under incoming President Donald Trump, a special election would be held in Montana to choose Zinke’s successor — but it’s not clear who, if anyone, would hold the post until the election occurs. State law says the governor “may” appoint someone to hold the seat until the election. But Montana Republican Party Chairman Jeff Essmann told MTN News that the U.S. Constitution may conflict with that law, because the Constitution essentially says U.S. House vacancies must be filled by election. Montana State University political scientist Dave Parker also said Tuesday that in other states, to his knowledge, when a House seat becomes vacant, it stays unfilled until a special election chooses the new member.

Hawaii: Unusual congressional election confuses voters | Associated Press

The death of one of Hawaii’s congressmen has led to an unusual ballot and voter confusion in urban Honolulu.
The rare double election means residents in the 1st Congressional District are selecting someone to fill the late U.S. Rep. Mark Takai’s seat for the two-month unfinished term and someone to represent the district for the next two years. Takai died in office last July. The situation could lead to two different people winning the same House seat on election night, to serve the two different terms. Former U.S. Rep. Colleen Hanabusa is one of the candidates. The Democrat is hoping to return to her old seat in Congress, which she gave up to run for Senate two years ago.

Ohio: State lawmaker drafts bill to eliminate unnecessary elections | Dayton Daily News

Legislation introduced this week could eliminate unnecessary elections, such as the Sept. 13 special primary where only one person is on the ballot to become the Democrat nominee in November’s 8th Congressional District contest. That special primary election will cost taxpayers $500,000 after the previous candidate, Corey Foister, dropped out. “Our county boards of elections work hard to stretch every taxpayer dollar as far as it will go to ensure efficient, fair elections,” said Ohio Sen. Frank LaRose, R-Hudson, who introduced the legislation. “Forcing them to hold uncontested primary elections is a clear waste of time and taxpayer resources.” Because just one vote will win the special primary — which appears to have already been cast in Clark County via a military ballot — LaRose drafted Senate Bill 347, which would change the law that triggers a primary election based on the number of candidates who are certified. The proposed bill would remove the requirement to hold a primary when only one candidate is certified, and gives the Secretary of State the authority to declare that lone candidate the party’s nominee.

California: Governor Brown vetoes measure that would have allowed cancellation of uncontested elections | Los Angeles Times

California Gov. Jerry Brown on Monday vetoed a bill by the late Sen. Sharon Runner (R-Lancaster) that would have allowed him to cancel an election to fill a vacancy in the Legislature if only one candidate makes the ballot. That candidate would have been declared the elected legislator, under the bill. Runner, who died earlier this month after complications from lung disease, was seeking to streamline the process for filling a legislative vacancy to save taxpayers money. She noted it cost counties $1.6 million to hold one recent special election. Runner was elected to the Senate in 2015 in a special election in which she was the only candidate on the ballot.

Texas: Judge in Texas voter ID case agrees to allow affidavits at polls to cast ballots in San Antonio runoff | San Antonio Express-News

Texas’ strict voter ID law will be weakened to allow voters lacking required photo identification to cast ballots in a San Antonio special election by signing an affidavit, a federal judge ordered. U.S. District Judge Nelva Gonzales Ramos in Corpus Christi has agreed to an affidavit option for voters facing a “reasonable impediment” to obtaining one of seven photo IDs accepted under state law. Ramos’ order is tailored specifically to the runoff election for the House District 120 seat vacated by former state Rep. Ruth Jones McClendon, but it marks the first time the state’s voter ID law will be implemented in a watered-down manner. The law has been used since 2013.

Kentucky: Special elections prove costly for Kentucky counties | Daily Independent

Boyd County will spend $80,000 for a one-question “wet” election on packaged alcohol sales — three months before it spends another $90,000 on the presidential election. Kentucky law bars counties across the state from holding local-option elections on the same day as primary and general elections, if the special election is county wide. “That’s so archaic,” said Boyd County Judge-Executive Steve Towler. “It’s utterly ridiculous to have a special election for one question.” County clerks across the state have lobbied Kentucky legislature to amend KRS 242.030 to help alleviate the cost of county-wide, local-option elections. A previous bill, for instance, would’ve helped by requiring the petitioners calling for a vote on county-wide alcohol sales to cover part of the cost. House Bill 621, the most recent attempt to alter the statute, was halted last March.

Massachusetts: House passes campaign finance changes aimed at transparency, special elections | MassLive

The Massachusetts House on Wednesday passed three campaign finance bills aimed at increasing transparency and leveling the playing field for special election candidates. “These three bills would tighten potential loopholes that can result in abuses of campaign finance laws,” said State Rep. John Mahoney, D-Worcester, who spoke in favor of the bills on the House floor. The bills now go to the state Senate. All three bills were sponsored by State Rep. Garrett Bradley, D-Hingham, a member of the House committees on rules and ethics. One bill relates to donor limits for special elections. Currently, donors are allowed to contribute $1,000 to a candidate each year. The bill, H.542, which passed unanimously, would allow a candidate who runs in both a special election and a general election in the same calendar year to accept $1,000 from a donor before the special election and another $1,000 before the general election.

Massachusetts: Warren VP chatter highlights Massachusetts’ special election law | Boston Globe

Talk of Democratic U.S. Sen. Elizabeth Warren as a possible running mate for presumptive presidential nominee Hillary Clinton is throwing a fresh spotlight on Massachusetts’ process for filling an empty Senate seat. Warren is in the fourth year of her first six-year term and if she is elected vice president, she would be leaving her seat vacant in a year when Democrats are hoping to retake the Senate. It would also spark the state’s third special election for a Senate seat since the death in 2009 of Democratic Sen. Edward Kennedy after 47 years in office. Before his death, Kennedy sent a letter to state lawmakers urging they change the special election law to let the governor — then Democrat Deval Patrick — name an interim appointment to the seat while a special election was held.

Arizona: Reagan won’t cancel next week’s special election | Arizona Capitol Times

Secretary of State Michele Reagan won’t cancel next week’s special election even though her office failed to mail out on time more than 200,000 pamphlets with details of what’s on the ballot. Reagan spokesman Matt Roberts conceded the law about when voters need to get the brochures was broken. And while saying the fault lies with an outside company that made up mailing lists, Roberts acknowledged the foul-up is Reagan’s responsibility. But Roberts rejected the contention by attorney Tom Ryan that her failure is fatal and the election for Propositions 123 and 124 cannot take place as scheduled this coming Tuesday. “There’s nothing in statute that we’re finding that would allow this office to not allow the election itself to move forward,’’ Robert said.