Florida: A Judge Upheld Florida Rules Requiring “Magic Words” And “Consistency” To Determine Voter Intent | Buzzfeed

A federal judge in Florida late Thursday rejected a constitutional challenge by Sen. Bill Nelson and Florida Democrats to state rules that govern how counters in a recount determine what candidate a voter meant to choose on their ballot. The decision on the so-called “magic words” and “consistency” rules came as Florida officials undertake on a hand recount in the close US Senate race between Nelson and Republican Gov. Rick Scott. Nelson’s lawyers argued that the rules could unconstitutionally imperil the votes of thousands of Floridians. US District Chief Judge Mark Walker held that they were “neutral, reasonable, standard” practices. “They are uniform, nondifferential standards that provide a reasonable procedure to determine the intent of voters. This is not to say the rules are perfect or the best way to do things. But they are constitutional,” Walker wrote in his opinion. Under the “consistency requirement,” a vote won’t be counted if the voter didn’t mark their preference in the same way throughout their ballot. For instance, if a voter filled in a box in one place, and wrote a check mark in another place, those votes wouldn’t be counted.

Voting Blogs: When Should a Voter’s “Clerical Error” Invalidate a Ballot? | Edward B. Foley/Election Law @ Moritz

Roland Gilbert accidently wrote the current date, instead of his birthdate, when filling out the form on the envelope for submitting his absentee ballot in Ohio’s 2014 general election (which included a gubernatorial race). It’s a mistake that all, or at least most of us, have made at one time or another in our lives when filling out forms. Is it a mistake that should disqualify Roland Gilbert’s absentee ballot from being counted? As a policy matter, I certainly think not. Moreover, this policy position recently has been adopted by the American Law Institute, a prominent nonpartisan organization most famous for its Model Penal Code, Uniform Commercial Code, Restatements of Law covering a wide variety of fields (like contracts, torts, and property law), and other law-improvement projects. In its new Principles of Law project concerning Election Administration, the ALI takes the position that an absentee ballot should not be invalidated if the identity of the absentee voter can be verified and the voter is registered and eligible to cast the ballot. (Full disclosure: together with my Election Law @ Moritz colleague Steve Huefner, I serve as Reporter to the ALI project that developed this and related principles.)

Minnesota: Tweaking ranked-choice voting: Minneapolis considering three changes | MinnPost

Members of the Minneapolis City Council got scolded by a member of the Charter Commission as they prepared to change some of the rules on how ranked-choice voting will be administered in this fall’s election. “I would submit that 13 declared candidates for office, in an election year, five months prior to an election, have no business changing election laws,” said Devin Rice of the Charter Commission. He also was critical of an earlier council decision to reduce funds available for voter education, given the incidence of voter error in the 2009 election. Errors in using ranked-choice voting showed up on 6.5 percent of ballots cast, Rice said.

Oklahoma: Cherokee Nation Chief Still Undecided After Weekend Recount | KOTV.com

After two days recounting the recount, there's a new vote tally, but not a new Chief of the Cherokee Nation. In a hand recount of votes over the weekend, Chad Smith won by a narrow five votes but that may not mean he gets to keep his job.

A Cherokee Nation lawyer compares it to the Bush-Gore race in Florida. It was unchartered territory for America. Now, Smith-Baker is testing the laws of the Cherokee Nation. After a painstaking two days of counting more than 15,000 ballots, this announcement from Chief Chad Smith:

"I've come out ahead," Chief Chad Smith said. But his challenger, Bill John Baker, says not so fast.

Missouri: Missouri Election recount: Gooden still winner after mayor recount | Marshall Democrat-News

This ballot illustrates a vote that can contribute to counting problems. Rather than filling the oval in completely, the voter made more of a squiggle that is difficult for voting machines to read. (Patrick Nolan/Democrat-News) The Marshall mayoral race is over. Mark Gooden is the mayor-elect with a final vote tally of 759 to 746 for Mayor Pro Tem Ron Duvall.

“I have to congratulate these men on how they conducted themselves,” said Circuit Judge Dennis Rolf. “This could have been a long difficult process.” Rolf said he spoke with Duvall and Gooden on Wednesday and the trio reached an agreement on how the process would be conducted. A recount of votes was conducted Thursday, April 14.

Alaska: Alaska Legislature passes voter intent write-in bill | Alaska Dispatch

A measure that makes it clear a voter’s intent takes precedence when casting a write-in vote has passed the Legislature and now goes to the governor for signature.

Senate Bill 31, sponsored by Sen. Joe Thomas of Fairbanks, grew out of the 2010 U.S. Senate race. Fairbanks attorney Joe Miller beat incumbent Sen. Lisa Murkowski in the August primary so Murkowski launched a write-in campaign and came back to defeat Miller in the November general election.

The Voting News Daily: Alaska Report recommends changes to state election laws, Florida Elections Bill is a Travesty

AK: Report recommends changes to state election laws – Juneau Empire

Lt. Gov. Mead Treadwell is recommending dozens of changes to state election law following last year’s disputed write-in election battle for a U.S. Senate seat. None of the changes to election law or regulations would have changed the outcome, Treadwell said, and many conform Alaska election law to existing court rulings that guided the outcome of that election. Some were recommended by a judge who heard Republican senatorial nominee Joe Miller’s challenge to write-in candidate Sen. Lisa Murkowski’s eventual election victory. The report’s most important conclusion is that the election process was handled appropriately despite the lack of laws addressing key aspects of how such an election needed to be handled. Read More

FL: Supervisor of Elections Ion Sancho: Elections Bill is a Travesty

The House Republican Leadership has introduced a bill that the Leon County Supervisor of Elections calls a travesty. Proposed House Bill 1355 passed through a subcommittee Friday morning. Leon County Supervisor of Elections Ion Sancho says proposed House Bill 1355 destroys the election process as it currently exists in Florida and he went to legislators to let them know that he strongly opposes it. Sancho shook his head at the 128-page document before heading inside the House Office Building to let the Governmental Operations Subcommittee know how he feels. But, to no avail. The subcommittee members voted in favor of proposed House Bill 1355. Sancho says he disagrees with a change that would allow the partisan appointee of the governor to control all supervisors of elections and give them orders, or remove them from office. Sancho said, “This is ridiculous. It would be as if an appointed water district commissioner could order an elected legislator around. There’s only one reason for this and that is partisan control over the process. It serves no interest of the citizens.” Sancho says he’s also against the bill because it would make it illegal for voters to continue doing address and name changes at their voting location. Sancho says this bill would only make voting harder for residents–which he says is the last thing voters in Florida need, considering the state’s voting history. He says the changes would force people not to vote or not know if their vote counted after casting their ballot. It has to go through another subcommittee. But, Sancho says he does not believe it will go all the way because he says these changes go against federal law.

Alaska: Alaska Report recommends changes to state election laws | Juneau Empire

Lt. Gov. Mead Treadwell is recommending dozens of changes to state election law following last year’s disputed write-in election battle for a U.S. Senate seat. None of the changes to election law or regulations would have changed the outcome, Treadwell said, and many conform Alaska election law to existing court rulings that guided the outcome of that election.

Some were recommended by a judge who heard Republican senatorial nominee Joe Miller’s challenge to write-in candidate Sen. Lisa Murkowski’s eventual election victory. The report’s most important conclusion is that the election process was handled appropriately despite the lack of laws addressing key aspects of how such an election needed to be handled.