In Focus This Week
Prioritizing Achievable Federal Election Reform
New collaborative report from BPC provides a framework for bipartisan reform
As expected, this week Senate Democrats failed to move voting rights legislation to the floor for a vote or change the filibuster rules.
On Wednesday night, the vote to end debate on the bill failed, 51-49, with every Republican voting against moving the bill to the Senate floor for a final vote. Senate Majority Leader Chuck Schumer (D-New York) changed his vote to “nay” at the end so he can bring the legislation up again at a later date. Later, a separate vote to change the filibuster rules for the voting rights bill so it could pass with a simple majority of 51 votes also failed.
In a statement after the failed vote to change the filibuster, President Joe Biden (D) said: “I am profoundly disappointed that the United States Senate has failed to stand up for our democracy. I am disappointed — but I am not deterred.”
So what’s next? Is it possible to pass any federal election legislation? This week the Bipartisan Policy Center in collaboration with AEI, R Street, Unite America and Issue One have released a report on a framework for bipartisan election reform: Prioritizing Achievable Federal Election Reform.
Stark partisan dividing lines in Congress currently distract from potential areas of common ground in fostering an election system that puts voters first by being fair, accessible, secure, and transparent. These crucial topics include voter registration, voter identification, options to vote before Election Day, clean and accurate voter rolls, and audits.
This report outlines a realistic framework for bipartisan election legislation. If implemented, this framework would massively improve election administration and Americans’ voting experience.
Federal election legislation, while rare, has a long track record of being bipartisan. For as much attention as members of Congress and the public have paid to how Americans vote, the most recent comprehensive elections bill passed in October 2002. But the urgent need for shoring election infrastructure becomes more obvious with each election.
This report authored by a working group of five nonprofit think tanks elevates the election and voting reforms that have gotten lost in the highly partisan federal debate about elections. The working group comprises individuals from five nonprofit think tanks from across the political spectrum: Bipartisan Policy Center, American Enterprise Institute, Issue One, R Street Institute, and Unite America.
The data used in this report is sourced from Voting Rights Lab. We came together to publish this report to ensure that important concepts—such as accessible voter registration and accurate voter rolls—are understood to be nonpartisan proposals that will improve elections and not benefit one party more than another.
Many of the policy suggestions outlined in this report draw on recommendations made by BPC’s Task Force on Elections, which includes 29 state and local election officials from 20 states devoted to making meaningful improvements to U.S. elections. The report references the task force’s recommendations made in Logical Election Policy, Improving the Voting Experience After 2020, and Bipartisan Principles for Election Audits.
The proposals in this report also align with several findings from commissions focused on U.S. democracy, including the Carter-Baker Commission, a 2005 bipartisan group that produced 87 recommendations on federal election reform that was revisited in 2021 through a series of webinars. The recommendations also track the Presidential Commission on Election Administration, a task force led by Bob Bauer and Ben Ginsberg that produced a report with recommendations for state legislative action in 2014.
BPC will be hosting a Twitter Space today, January 20 at 3 p.m. Eastern with Insider’s Grace Panetta to discuss the report and a path forward for reform.
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Sixth Annual EAC Clearinghouse Awards
Submission period opens for the EAC’s “Clearies”
The U.S. Election Assistance Commission (EAC) invites submissions for its sixth annual national Clearinghouse Awards, also known as the “Clearie” Awards, for best practices in election administration. The awards program recognizes the hard work and leadership of election officials and staff across the country.
Election jurisdictions of all sizes are encouraged to submit their work. Entries must be received by Friday, February 18, 2022. Submission guidelines for this year’s contest are available here. All entries and supporting materials should be uploaded through the EAC’s new online submission form. Please send any questions to the EAC at firstname.lastname@example.org. Submissions will be judged based on innovation, sustainability, outreach, cost-effectiveness, replicability, and the generation of positive results.
The 2021 Clearie winners will be announced in April 2022.
This year, EAC Commissioners are pleased to announce two new award categories honoring innovative programming developed by election official associations and successful Help America Vote Act (HAVA) grant initiatives. 2022 marks the 20th anniversary of the signing of HAVA, and the Commissioners hope to highlight the spirit of this landmark bipartisan legislation by recognizing innovative uses of HAVA funds. The prestigious new award will also help jurisdictions utilize these best practices to enhance future efforts.
The EAC will present awards in the categories of:
- Outstanding Use of HAVA Grants in Elections Modernization,
- Outstanding Election Official Association Program,
- Outstanding Innovation in Election Cybersecurity and Technology,
- Improving Accessibility for Voters with Disabilities,
- Outstanding Innovations in Elections,
- Best Practices in Recruiting, Retaining, and Training Poll Workers, and
- Creative and Original “I Voted” Stickers.
“Leading up to the 2022 elections, officials are handling issues related to election security, further utilization of cutting-edge technology, COVID-19 precautions, and increased voter engagement. The 2021 Clearie awards will once again celebrate the outstanding work of election officials meeting these challenges,” said Donald Palmer, EAC Chairman. “Twenty years ago, Congress enacted HAVA, bringing about sweeping election reforms and greater accessibility in voting. Under that Act, the EAC was entrusted to serve as a clearinghouse for election administration information by offering comprehensive products and services to state and local election offices. As the EAC celebrates the anniversary of this historic law, my fellow Commissioners and I can think of no better stage for the EAC to uphold the tremendous work of election officials.”
Election News This Week
Cause and Effect: After the ruling by Waukesha County, Wisconsin Circuit Court Judge Michael Bohren banning the widespread use of ballot drop boxes, local elections officials are scrambling to put the ruling into practice. Sara Bruckman, the village clerk in Fox Point and the president of the Wisconsin Municipal Clerks Association, said she was writing new information to include with absentee ballots so voters know they will be allowed to return them only by mail or in person. Those ballots are to go out on Jan. 25. She noted the rules could change again between then and the Feb. 15 primary as judges consider an appeal. “It takes away the public’s ability to trust us because we are constantly changing what we’re told to do and then we have to tell them that we’re changing what we’re told to do,” she said. “So it just inserts more distrust into the process that does not need to be there.” In some towns, the drop boxes outside of the local government office are used for more than just ballots so it’s impossible to seal them. Brookfield’s interim clerk, Renee Tadych She said she still needed to figure out what to do if voters placed ballots in the drop box. If voters use the drop box in the days before an election, there would not be time to return them to the voters so they could re-submit them, she said. “My question is, then what? What do we do? How do we get a hold of the voter? Do we mail the ballot out? You know, I don’t know those answers,” she told the Milwaukee Journal-Sentinel. “We’re going to have to scramble, mostly on education, because voters are going to think they can use a drop box,” said Scott McDonell, Dane County Clerk. “It’s really frustrating because it makes no sense at all.” While an appeal to the ruling is expected, for now it means voters can only turn in their absentee ballot by mail or in person to their local clerk. Milwaukee Election Commission Executive Director Claire Woodall-Vogg said it really puts voters and drop boxes in limbo for upcoming elections. “Wisconsin has a history of getting these judicial decisions right before elections that creates confusion,” said Woodall-Vogg.
Cause and Effect Part II: Cause and Effect Part II: The devil is often in the details and it seems that’s what elections officials in Texas are figuring out in the early days of the implementation of the state’s new voting laws, specifically SB1. Last week, elections officials throughout the state began reporting a high rate of rejections of mail ballot applications. The cause of the rejections is two-fold. The new law requires that those applying for mail ballots must provide a driver’s license number or the last four numbers of their social security. In some instances, what the voter puts on the application, is not what county officials have on file. The problem initially came to light when the Travis County elections office announced that 27% of their applications were being rejected. The secretary of state’s office issued a statement urging that Travis County—and others—review the applications to make sure they are being rejected for the correct reasons. County officials said there hasn’t been a final rejection of any applications, only that they need “additional guidance” from the Secretary of State’s office. County officials held a press conference this week to discuss what outgoing county clerk Dana DeBeauvoir said is a “complicated issue.” “Before we actually take action on those rejections, we have what looks like might be down to a 27% rejection rate,” DeBeauvoir said at the presser. “That is still extremely high. It is not unusual for primaries to have a higher [rate] than in comparison with other elections, a higher rate of rejection. But that’s really high.” Another contributing factor to the high rejection rate is simply outdated forms. In some cases, voters are using old forms that don’t require that information. “I’m sure there are many thousands of old forms out across the state (libraries, post offices, political offices, etc),” wrote Denton County Elections Administrator Frank Phillips in response to questions. As of Tuesday, his office has rejected 210 out of the 483 applications it’s received, a rate of 43%. Outdated paperwork is also at the heard of another SB1-related issue. KUT in Austin reported that the secretary of state’s office is limiting the number of voter registration forms it can provide to third-party organizations like the League of Women Voters because the forms had to be reprinted to accommodate new penalties and the state is having an issue getting enough paper to print the forms. Sam Taylor, assistant secretary of state for communications did point out that using an old form would not be fatal to a registration. Additionally, the state finally offers online voter registration, which as of the end of 2021, more than 1.5 million people had taken advantage of.
Cause and Effect Part III: In December, an outbreak of tornadoes devastated parts of western Kentucky and even though the state’s primary isn’t until May, elections officials at the state and local level are already thinking ahead for victims of the tornadoes. Secretary of State Michael Adams says the state’s absentee ballot law has provisions for them. “It has always allowed for people to vote who are not in their home county on Election Day. Our law also provides that if you live temporarily in one location but your home is in another location, and you have a specific intent to return to your home, not necessarily that that address but to that county, you have the ability to vote in your home county.” Adams cites as an example, someone who lives in Hopkins County but is now in Jefferson County temporarily. “I actually have the option. I can change my registration to Jefferson County and vote there, or I can continue to vote in Hopkins County by absentee ballot.” If a polling place was in one of the buildings destroyed by the tornadoes, Adams says local board of elections can ask the State Board of Elections to do a number of things. That includes moving to a different location, consolidate voting locations, using a countywide vote center. “It’s generally granted, but they must petition the state board.” Another option for local boards in the storm-ravaged areas can take, is movable voting locations during the time in-person absentee voting is available before election day, something Adams says Hopkins County did in the past. “They were basically RVs that traveled around the county. The locations were advertised in advance in the paper and on the radio, so people would know where to go vote. Adams says one thing people in the tornado areas don’t have to worry about is the loss of their voter registration information. “Fortunately, we do have a statewide voter registration system, and we have servers in Frankfort with all the information. We don’t expect any negative impact with respect to our voter registration from that.”
Congratulations! Congratulations to former Urbandale, Iowa High School student Monica Lewandowski to was recently honored by Secretary of State Paul Pate with the National Association of Secretaries of State John Lewis Youth Leadership Award. Lewandowski spearheaded Urbandale High School’s successful voter registration drives in 2019 and 2020. She helped the school register more than 90 percent of eligible students in both the 2019-20 and 2020-21 school years, qualifying for the Carrie Chapman Catt Award twice. “No school in the state registered more students to vote than Urbandale High School the past two years, and Monica’s efforts were a key reason for that success,” Pate said. “She is dedicated to encouraging and helping young people register to vote and get involved in the elections process here in Iowa.” The award was established in 2021 to honor the accomplishments of late civil rights leader and longtime Congressman John Lewis. The goal of the award is to recognize a gifted, civic-minded young person each year in every state. Lewandowski is the first Iowan to receive this honor.
Congratulations! Congratulations to the Ann Arbor, Michigan city clerk’s office winning a 2021 Golden Paintbrush Award from the Ann Arbor Public Art Commission. The clerk’s office, with support from the Ann Arbor Public Art Commission, found local artists, including students, to design the city’s 2020 “I Voted” stickers.
Personnel News: Lori Augino is the new executive director of the National Vote At Home Institute. Tanisha Sullivan, the president of the Boston branch of the NAACP, announced that she’s seeking the Democratic nomination for secretary of the commonwealth. State Rep. Michael Howe (R-Casselton) has announced his bid for secretary of state in North Dakota. Fremont County, Colorado Clerk and Recorder Justin Grantham has announced his plans for re-election. Mesa County, Colorado Clerk and Recorder Tina Peters has officially announced her plans for re-election. Keisha Smith has been appointed the new DeKalb County, Georgia director of elections. Leigh Gribble has been named the deputy director of the Crawford County, Ohio board of elections. Christopher Henzel has joined the Fairfax County, Virginia electoral board. Carmen Avalos has been named the Roseville, California city clerk. Kristi Stahr, chairwoman of the Pulaski County, Arkansas elections commission has announced her resignation. State Rep. Mark Lowery has dropped his bid for the Republican nomination for Arkansas secretary of state.
In Memoriam: Westchester County, New York Board of Elections Commissioner Reginald LaFayette has died. He was 69. There are two elections commissioners in Westchester, one representing the Republicans and the other representing the Democrats. LaFayette was the Democrat commissioner. In addition, for about 15 years until 2020, LaFayette served as chairman of the Westchester Democratic Party. He most recently was chairman of the Mount Vernon Democratic City Committee. Westchester County Executive George Latimer issued a statement saying, in part, “The entire County of Westchester mourns the death of Reginald A. LaFayette. Reggie had a long and distinguished career as a public servant. He was politically brilliant, and it is without doubt that no person did more to bring diversity to city and county government than Reggie. “He was insightful and tempered; he was my friend for nearly 50 years starting when we were both young men in Mt. Vernon – where we both first became active in the community. We shared meals, advice and even coached a little league team together.” LaFayette’s Republican counterpart at the Board of Elections, Douglas Colety, said, “It was my honor to work with Commissioner LaFayette, not only as a fellow election commissioner, but also as a fellow party leader. Many of our fellow election commissioners around the state would marvel at the close working relationship – and yes the close friendship – that Reggie and I shared over the past 13 years. “Commissioner Reggie LaFayette will be remembered as a true gentleman in an often rough-and-tumble business,” Colety said. “In an era of intense partisanship, Reggie had close friends in all political parties who mourn this loss today. His legacy is undeniable. For those of us who knew Reggie best and worked with him everyday, your political stripe did not matter – we all valued his wise counsel, years of experience and devotion to his work ensuring free and fair elections for all of Westchester.”
Federal Legislation: The House passed voting rights legislation last week in a way that is intended to set up a battle in the Senate over that issue as well as the filibuster. The measure passed in a 220-203 party-line vote. The manner in which the legislation was approved allows Senate Majority Leader Charles Schumer (D-New York) to bring it straight to the floor. But Democrats would need 60 votes — including 10 GOP votes — to get it to President Biden’s desk given the filibuster. The legislation would establish federal standards for voting access, including allowing for same-day voter registration, establishing Election Day as a legal public holiday, requiring states to allow a minimum number of days for early voting and allowing people to vote absentee by mail for any reason. The package also includes provisions of a bill named after the late civil rights icon Rep. John Lewis (D-Georgia) that would restore a provision of the Voting Rights Act of 1965 that required states with histories of voting rights violations to obtain clearance from the Justice Department before implementing new election laws. That provision was struck down by the Supreme Court in 2013 in the Shelby County v. Holder decision. Democrats are using a bicameral bill related to allowing NASA to lease its properties to other entities as the legislative vehicle for the voting rights package. That process will give Senate Democrats a procedural shortcut so that they can bypass the 60 votes typically needed to formally start debate on legislation. But the bill will still have to clear a 60-vote hurdle to actually pass. On Wednesday night, the vote to end debate on the bill failed, 51-49, with every Republican voting against moving the bill to the Senate floor for a final vote. Schumer changed his vote to “nay” at the end so he can bring the legislation up again at a later date. Later, a separate vote to change the filibuster rules for the voting rights bill so it could pass with a simple majority of 51 votes also failed.
Arizona: Navajo Nation President Jonathan Nez spoke to a joint session of the state Legislature last week opposing a bill by Sen. Wendy Rogers (R) that would, if passed, ban use of mail-in ballots in elections. Additionally, the bill would ban ballot drop boxes and most types of drive-through voting. Nez said if voting by mail is outlawed, the result would be hardship for tribal members with no easy access to polls. “Many of our elders and those living in remote communities (would) have to drive hundreds of miles and several hours to cast their ballots,” he said.
Republican state senators and representatives in Arizona — including election conspiracy theorists and newly sworn-in members — have introduced more than two dozen bills that aim to make significant changes in the state’s voting system. Here are some:
Senate Bill 1027 would establish a Bureau of Elections under the Governor’s Office that would investigate election fraud.
Senate Bill 1055 criminalizes the failure of companies or people to perform their duties when they contract with elections departments.
Under Senate Bill 1056, a person who “misplaces” a ballot subject to possible misdemeanor charges. The bill defines “misplaced” ballots as those “not included in the initial tally at a polling place or counting center.” The misplaced ballots also could not be counted, and the bill authorizes affected voters to file an action for damages.
Senate Bill 1058 would ban drive-through voting and any placement of ballot drop boxes except in official election facilities
House Bill 1023 would make ballot images available and searchable by voting precinct to the public online after an election. The images wouldn’t show information that would identify specific voters.
House Bill 2041 would require a set of new fraud countermeasures built into the paper used for ballots, including “watermarking, secure holographic foil, security links, invisible ultraviolet microtext” and other features.
House Bill 2059 would raise penalties for certain kinds of election violations, such as electioneering within the 75 foot limit or voting in a county where you don’t reside, from a misdemeanor to a low-level felony.
House Bill 2080, which would mandate hand counts of ballots in all primary and general elections. Arizona voters cast 3.4 million ballots in the November 2020 election.
House Bill 2270, which would prohibit an election official from leading or belonging to a political action committee.
Florida: Proposed legislation could make it harder for some outside groups to obtain certain voter application information. St. Johns County Republican State Representative Cyndi Stevenson’s legislation would shield voters’ day of birth, email address, phone number, and party affiliation from public view. Groups like political parties, canvassing boards, and political candidates would still have access to the information. But others would have to seek approval from the Secretary of State to get the information. Stevenson said her bill is intended to prevent bad actors from getting and misusing voters’ personal information. She said she’s been collaborating with the First Amendment Foundation and is working on amendments that may keep political affiliation public and exclude the Secretary of State requirement. Stevenson added that victims of domestic violence or Floridians who have been restraining orders because they’re concerned about their safety can also request that their information be shielded from the public.
Idaho: New emergency legislation introduced by two GOP lawmakers, one of whom is running for Idaho secretary of state, would require unaffiliated voters to affiliate with a party by March 11 to vote in that party’s closed primary in May. Currently, unaffiliated voters have until Election Day to make that change, and only affiliated party members are subject to the March 11 deadline if they decide to switch parties. Sen. Mary Souza, R-Coeur d’Alene, is co-sponsoring the bill with Rep. Caroline Nilsson Troy, R-Genesee. Under current Idaho law, members of a political party must switch affiliations by the end of the candidate filing period before a primary election, or they can’t do it for that election, but unaffiliated voters can switch right up to Election Day. In Idaho’s closed Republican primary, only affiliated party members may cast ballots. Idaho’s Democratic primary election is open. Souza and Troy’s new bill includes an emergency clause, which would make it apply in this year’s primary election. The new bill’s fiscal note says, “There is minimal to no cost associated with this effort, and it will save poll worker time on Election Day by not having to record any change of affiliation at the polls.”
Indiana: Lawmakers want to move up the deadline for counties to add a critical election security measure to their voting machines. Right now, there are about 8,000 DRE machines that can use those backups in Indiana, across dozens of counties. More than 60 percent of them still need the paper trails. Current law says counties have until 2030 to get the paper backups. Now, lawmakers want to move that deadline up to July 2024. HB 1116’s author, Rep. Tim Wesco (R-Osceola), said he’s been assured the state will provide money to counties to get that done. The expected cost is around $12 million.
A bill that will strengthen security around digital absentee ballot requests passed through the Indiana House elections committee. Under the proposal, the bill requires Indiana voters to submit either their driver’s license number or the last four digits of their social security number when requesting an absentee ballot digitally. This comes after Indiana saw a huge jump in digital absentee ballot applications in 2020, with nearly 250,000 submitted electronically.
Mississippi: State Rep. Orlando Paden, D-Bolivar, and Rep. Zakiya Summers, D-Hinds, have introduced the Early Voting Act, House Bill 22, which would establish early voting measures and enforcements in the state for all elections. The bill has been referred to the House Apportionment and Elections Committee. Passage requires a majority vote and would go into effect July 1, 2024. “Democracy cannot work unless everyone has the power to use their voice at the ballot box,” Summers said. “Our government must be transparent and accountable to the people it represents. I will fight for measures that make it easier, not harder for people to vote, including online voter registration, no-excuse early voting, and voter registration.” According to the bill, if passed, it would establish early voting six days before the date of the election and would continue through the last regular business day preceding the election.
Nebraska: A proposed constitutional amendment requiring Nebraska voters to show photo identification before they cast a vote won’t be debated by the Legislature this year.The measure (LR3CA) from Sen. Julie Slama of Sterling failed to obtain the five votes necessary from the Government, Military and Veterans Affairs Committee to advance to the floor. LR3CA had the support of Secretary of State Bob Evnen, who campaigned on enacting a voter ID law, and other conservative lawmakers in the officially nonpartisan Legislature, who said it would bring Nebraska in line with 35 other states that have similar provisions in their law. But opponents labeled it as a solution in search of a problem, saying there was no evidence of voter impersonation in Nebraska. They also said requiring voters to obtain a photo ID card would create additional barriers for Nebraskans who are low income, older, non-white or live with disabilities before they could exercise a constitutional right to vote. The committee took no action on LR3CA last year after its Feb. 17, 2021, hearing.
New Hampshire: A bill unveiled last week would require voters who register to vote on Election Day without sufficient documents to mail copies of those documents to the Secretary of State’s Office within 10 days of Election Day – or have their votes invalidated by the state. Sponsored by Sen. Bob Giuda and supported by Senate Majority Leader Jeb Bradley, Senate Bill 418 has a clearly stated purpose, Giuda says: to prevent a ballot cast by a voter who doesn’t live in the town from counting in the election. “Every vote that’s unqualified that counts X’s out a legitimately qualified voter’s vote,” the Warren Republican said in an interview Friday. “And with the close margin we see in so many of our elections, that’s potentially changing the outcome of the election.” Giuda said he had been working with former secretary of state Bill Gardner and the current secretary, Dave Scanlan, since March 2021 to craft the legislation.
North Carolina: Primary elections would move from May to June under a bill advanced by state Republicans in a pair of party-line votes. Gov. Roy Cooper has expressed concern with the bill and may veto it. And with Democrats already voting against the measure en masse, he’d likely be able to sustain that veto, rendering the planned changes moot. But for now House Bill 605 lays out this proposed schedule for the primaries: Candidate filing would run from March 24 to April 1. The primaries would be June 7. If Cooper vetoes the bill, and if the veto is sustained, the primaries would go back to May 17. The idea behind the delay is to leave more time for an ongoing court fight over North Carolina’s congressional, state House and state Senate election districts.
South Dakota: South Dakota voters can use the internet to check the accuracy of their voter registration information, but they have to go through county auditor offices to actually register or change it. The state Board of Elections wants the Legislature to update the law, so that people could also adjust their data online. The Senate State Affairs Committee gave its unanimous recommendation for the online approach this week. SB 69 would let a registered voter, with a valid South Dakota driver license or ID card, electronically submit changes to the South Dakota Secretary of State office. The changes would then go to the voter’s county auditor. Secretary of State Steve Barnett supports the legislation. “This legislation was drafted with security as the main focus,” Barnett said.
Utah: House Bill 178, which was introduced by Rep. Mike Winder, R-West Valley City, and sponsored in the Senate by Curt Bramble, R-Provo, is entitled “Ranked Choice Voting Amendments.” This bill would require ranked-choice voting to be used in multi-candidate primary and general election races statewide. Along with multiple cities in Salt Lake County, the Utah County cities of Elk Ridge, Genola, Lehi, Springville, Vineyard, and Woodland Hills utilized ranked-choice voting during the 2021 election. While the bill has only been introduced thus far, if enacted, it would be a significant change for much of the state’s voters. It would eliminate the Municipal Alternate Voting Methods Pilot Project, which the Utah County cities are operating under. The bill also defines the various thresholds that would need to be met for a recount, depending on the number of total votes in a race. Under the proposed legislation, ranked choice voting would be used for both general and primary elections.
Virginia: A handful of Republican bills aimed at tightening voting restrictions died on this week in a meeting of a state Senate committee controlled by Democrats. The panel voted down bills that sought to require voters to present photo ID at the polls, require local registrars to verify Social Security numbers and other information before registering applicants as voters, and do away with same-day voter registration, which allows a voter to both register and cast a ballot on Election Day. Democrats expanded access to voting in 2020, when they enjoyed control of the House, Senate and Executive Mansion for the first time in a generation. Republicans have been hoping to repeal some of those measures since taking control of the Executive Mansion and House of Delegates in November’s elections. Dozens of similar Republican-sponsored bills have been filed in the House. Among them are multiple measures to require a photo ID to vote and limiting in-person absentee voting to no more than two weeks before an election. Current law allows 45 days.
Federal Litigation: Smartmatic has sued MyPillow and its CEO Mike Lindell for defamation. In its lawsuit, Smartmatic’s attorneys point out that Lindell has published content repeating his claims about their machines on three different websites. In some of his media appearances accusing Smartmatic of voter fraud, Smartmatic lawyers’ added, Lindell also promoted his book or ran advertisements for MyPillow. “Mr. Lindell went from a limited public profile, to being known by the millions of individuals across the country who support President Trump,” the lawsuit states. “President Trump’s supporters showed tremendous appreciation and admiration for what he was saying. This fame was a motivating factor for Mr. Lindell.” “Mr. Lindell understood he could not change the outcome of the election with his disinformation campaign,” the lawsuit continues. “He could, however, gain a bigger audience for his book and gain more purchasers for his MyPillow products.”
Alaska: The Alaska Supreme Court upheld the constitutionality of a new voter-approved elections system, ending the last legal challenge against it. Alaska will become the second state to use ranked-choice voting, which asks voters to pick multiple candidates in order of preference. Alaska will use it in state and federal general elections but not in municipal races or the statewide primary. Gail Fenumiai, director of the Alaska Division of Elections, said the division has been preparing to implement the new system since it became law, and this week’s order doesn’t change anything. In their order, the Supreme Court’s five justices say only that they are upholding lower-court rulings in favor of the new system, which was approved by voters in a 2020 ballot measure. The justices said they will issue a longer written explanation for their decision at a later date. In addition to ranked-choice voting in the November general election, the new ballot measure creates an open August primary election. All candidates for a particular office will be placed on a single ballot. Voters pick one candidate, and the top four vote-getters advance. The measure’s third component, requiring additional disclosure for certain third-party campaign contributions, is already in effect. The court’s order came one day after justices heard oral arguments in an Anchorage courtroom.
Arkansas: The American Civil Liberties Union of Arkansas filed a federal lawsuit against members of the Pulaski County Board of Election Commissioners for what they say was a violation against an election official’s first amendment rights. According to court filings, Kristi Stahr in her capacity as Chairwoman of the Pulaski County Board of Election Commissioners, and Commissioners David Scott and Susan Inman are specifically cited in the lawsuit. The lawsuit claims that Barry Haas’ free-speech rights were disregarded when he was denied an appointed position for the September 2021 special Little Rock tax election due to his political and ideological views. The lawsuit alleges that he was denied the appointment after a meeting where Chairwoman Stahr claimed he was refusing in-person and on social media to follow Arkansas photo I.S. requirement as an elected official. “I previously challenged Arkansas’s voter-identification laws requiring photo I.D. in court, because I believed the laws were unconstitutional and bad policy,” Haas said. The case was filed in U.S. District Court for the Eastern District of Arkansas.
Colorado: A Mesa County grand jury will investigate the allegations of official misconduct and tampering with county election equipment amid an ongoing investigation into accusations that an elections clerk was involved in a security breach of the equipment in 2021. The 21st Judicial District Attorney’s Office made the announcement last week. In the announcement Thursday morning, Mesa County District Attorney Dan Rubinstein and Colorado Attorney General Phil Weiser said the grand jury investigation will be “thorough and guided by the facts and the law.” Their statement did not name anybody in particular. In a brief news conference, Peters said she would not renege on her unsubstantiated election claims and said the grand jury would find she had not committed any crimes.
Colorado Secretary of State Jena Griswold has filed a lawsuit to bar Mesa County Clerk Tina Peters from overseeing the 2022 elections, after Peters refused to agree to close state monitoring of her work. Peters is under a federal and state investigation for a security breach of the county’s election equipment last year during an annual upgrade to its voting machines. Last year, a Mesa county district court judge banned Peters from having any role in administering the 2021 election, but that order will soon expire. Griswold had asked Peters to sign an agreement allowing significant state supervision in order for her to manage the upcoming midterm election. It would have required Peters to submit all of her written communication related to elections to the state, as well as providing logs of everyone who entered secured areas in the elections division. Peters would also only have been allowed near the voting machines with supervision, among other stipulations. Peters declared there was no way she’d sign the order or agree to any of Griswold’s terms. Griswold is requesting the court name Mesa’s current director of elections, Brandi Bantz, to take on the clerk’s election duties. “I am taking action to ensure that Mesa County voters have the elections they deserve,” Griswold said in a written statement announcing the lawsuit. “I will continue to provide the support and oversight needed to ensure the integrity of Colorado’s elections.”
New Jersey: A do-over election in Old Bridge, where a Superior Court Judge invalidated the results of a 2021 council race because some voters received the wrong ballot, is on hold for now. Appellate Court Judge Carmen Messano issued a stay of Judge Thomas Daniel McCloskey’s order that voters return to the polls on March 22 to determine the outcome of the Ward 4 council race as it considers an appeal filed by Democrat Jill DeCaro. Messano ordered DeCaro’s attorney, Daniel Antonelli, to file an emergent motion by 4 PM tomorrow. Tim Howes, an attorney for Razzoli, must file his opposition motion by noon on Friday. It’s not clear how long it will take Messano and another appellate judge, Lisa Rose, to rule on the appeal. Anything more than a week could delay the date of the new election. Vote-by-mail ballots are due to go out on February 5.
Pennsylvania: An inspection of voting machines in Fulton County had been poised to go forward on January 14 until an 11th-hour appeal to the state Supreme Court by lawyers for Democratic Gov. Tom Wolf put it on hold. The high court decision came hours after a state judge rejected attempts by the Wolf administration to block the inspection — inspired by former President Donald Trump’s baseless claims about fraud in the 2020 election — without certain agreements in place. The justices overruled the lower court by granting an emergency request by the governor’s lawyers to stop it for now. The machines in question were about to be wheeled in and a special meeting of the Fulton County Board of Commissioners and Elections had just gotten underway at 1 p.m. Friday when a lawyer for the county, Tom Breth, announced that the Supreme Court’s filing office had just notified him the stay was granted. “Stay tuned. That’s the court,” Breth said to reporters after he learned the filing. The Supreme Court said that the request was granted on a temporary basis until the full court can consider it, and that no inspection can take place until the justices issue an order.
In more Fulton County litigation news, American Oversight—a Washington, D.C.-based government watchdog is the latest organization to sue the county over information related to an off-the-books 2020 election review and has asked a court to order the release of all information requested as part of an open records request. In the suit, American Oversight says Fulton County has released some information requested as part of a Right-to-Know Law request, but not records of government-related communication conducted by county officials on their personal email accounts. American Oversight also claims the county has not turned over communications between local officials and Sen. Doug Mastriano, R-Franklin, an ally of former President Donald Trump who spread false claims of a stolen election.
Wisconsin: Waukesha County Circuit Court Judge Michael Bohren ordered the state elections board to withdraw guidance greenlighting absentee ballot drop boxes and the return of absentee ballots by someone other than the voter, siding with conservatives who questioned the legality of both practices weeks before local spring elections and months ahead of hugely consequential elections for Wisconsin’s governorship and a U.S. Senate seat. The underlying lawsuit contested guidance memos from the Wisconsin Elections Commission, or WEC, in March and August of 2020 allowing third parties to return someone else’s absentee ballot and absentee ballots to be returned to unstaffed drop boxes in a voter’s municipality instead of being mailed or returned in person to a municipal clerk. Concluding a three-and-a-half-hour proceeding, Bohren said Wisconsin election laws are very specific and felt both the disputed practices, which he said were “major policy decisions that alter how our absentee ballot process operates,” were contrary to the law. Bohren compared them to in-person voting on Election Day and said statutes are unambiguous that an elector must be personally involved in casting their ballot, regardless of informal rules issued to clerks by the WEC. In an order from the bench, he granted summary judgment to the plaintiffs, entered an injunction giving the WEC two weeks to issue a memo withdrawing its promotion of both absentee voting options and said such future guidance must go through statutory rulemaking procedures.
A Democrat running for U.S. Senate filed a pair of lawsuits alleging Wisconsin election officials aren’t keeping ballots secret in some cases and are not properly vetting voting machines. In one case, Peter Peckarsky asked a Milwaukee County judge to order the state Elections Commission to bar Milwaukee and other cities from marking absentee ballots with numbers that could reveal how individual voters cast their ballots. Peckarsky is seeking to invalidate the law requiring election officials to write poll list numbers on absentee ballots. That would ensure no one’s votes are publicly disclosed, he argued in one of his lawsuits. In the other case, Peckarsky is seeking to force the commission to more thoroughly scrutinize voting machine software.The lawsuit argues the commission is not following a state law that requires the commission to keep copies of voting machine software. The lawsuit says the state keeps the software with an escrow company instead of retaining it itself.
Immigrant rights group Voces de la Frontera Action filed a legal challenge to Assembly Republicans’ review of the 2020 election after disclosing it had received a subpoena. The Milwaukee-based group is seeking to intervene in a lawsuit Democratic Attorney General Josh Kaul brought in October to try to knock down subpoenas that were issued to the state Elections Commission. “Gableman’s subpoena is modern-day McCarthyite political theater designed to perpetuate lies about the 2020 election and silence and intimidate voters of color from exercising their right to free speech and their right to vote,” said a statement from the group’s executive director, Christine Neumann-Ortiz.
Opinions This Week
Florida: Election legislation
Kansas: Voter fraud
Kentucky: Secretary of state
Louisiana: Voting rights
Maine: Voting rights
Maryland: Federal election legislation
Montana: Voting rights
Nevada: Voting rights
New York: Noncitizen voting
North Carolina: Primary date
Pennsylvania: Election security
Washington: Voting rights
West Virginia: Secretary of state
How Can We Take Partisanship out of Election Administration?: With partisan loyalists aiming to control election administration, it’s clear that America’s antiquated system of politically affiliated election officials needs reform. Register for this expert-led discussion of new ideas that can ensure election leaders are independent, professional, and accountable. Presented by the Election Reformers Network and The Carter Center. When: Jan. 31 3pm Eastern. Where: Online.
NASED Winter Conference: The NASED Board voted unanimously to cancel its in-person conference scheduled for the end of January and hold the conference virtually over four days. This is not a decision that we made lightly and it was not an easy one to make, but ultimately, we think it is the best one for our members and other conference attendees. We hope to see you in person in July in Madison, Wisconsin. When: February 24-24 and March 3-4. Where. Online
NASS Winter Conference: The National Association of Secretary of States has decided to move to a virtual event. When: Jan. 27-30. Where: Online
Job Postings This Week
electionlineWeekly publishes election administration job postings each week as a free service to our readers. To have your job listed in the newsletter, please send a copy of the job description, including a web link to email@example.com. Job postings must be received by 5pm on Wednesday in order to appear in the Thursday newsletter. Listings will run for three weeks or till the deadline listed in the posting.
Account Management Specialist, EI-ISAC— The EI-ISAC is looking for an ambitious teammate who is passionate about making a difference in the realm of cybersecurity for (SLTT) election offices. The ideal candidate will be comfortable building relationships with the election community to support and advance the mission of “confidence in a connected world.” What You’ll Do: Support the development and execution of the EI-ISAC strategy and mission; Assist election officials to determine security needs and how they integrate with election technology; Facilitate communications between election officials and IT professionals; Provide exceptional service to all members and be able to explain the concepts and services that can protect their technology via email, phone calls, and WebEx meetings/conferences; Ensure ongoing customer satisfaction and retention; Assist with the scheduling and running of member meetings and webinars; Responsible for the onboarding process of new members; Research, record, track, and report on member prospects and qualified leads to the team and management; Assist with data cleanup, reporting, and any ongoing projects; Update metrics for EI-ISAC reports and presentations; Represent the EI-ISAC in a professional and courteous manner; and Other tasks and responsibilities as assigned. Application: For the complete job listing and to apply, click here.
Consultant: Network Coordinator, U.S. Elections, The Carter Center— The Carter Center is seeking two consultant Network Coordinators to work as part of an established team on efforts aimed at the adoption and implementation of an electoral code of conduct at the state or national level. Working with Carter Center staff and consultants, the Network Coordinators will work to build diverse coalitions at the state and national level to gain signatories to and support for a code of conduct for promoting good elections. In order to uphold our nonpartisan approach, The Carter Center is considering both politically right-leaning and left-leaning consultants to support this effort. Application: For the complete job listing and to apply, click here.
Director, Filing, Disclosure and Compliance Division, Michigan Secretary of State’s Office— This position serves as the Director of the Bureau of Elections’ Filings, Disclosure and Compliance Division. The Division is responsible for administering the Campaign Finance Act, Lobbyist Registration Act, Casino Registration Act, portions of the Michigan Election Law, and Notary Public Act. This position is responsible for managing and overseeing multiple complex work units and other professional staff; core programs related to campaign finance and lobby registration reporting, disclosure and compliance; Office of the Great Seal, including intake of enrolled bills and assignment of Public Act numbers, filing of Executive Orders and Executive Directives, document authentication and certification; state-level candidate filings for office and statewide initiative, referendum and constitutional amendment petition filings; and Bureau responsibilities related to the Board of State Canvassers. Application: For the complete job listing and to apply, click here.
Election Technician, Thurston County, Washington– The position of Election Technician produces maps to update and maintain accurate taxing district boundaries. Also uses mapping data to develop and maintain address-based voter street/levy database and takes a leading role in the planning and coordination of the technical aspects of the election process. Additional responsibilities may include, but would not be limited to, the following: Plans, organizes, and supervises the work of assigned temporary staff. Recommends selection, provides training, and evaluates performance. Trains staff in the accurate use of election machines and proper use of all election supplies. Programming for elections using advanced software for ballot printing, ballot sorting, ballot tabulation, accessible voting units, and election results reporting.Plans and conducts logic and accuracy tests; responsible for and maintains back-up procedures in case of emergency conditions. Performs formal ballot tabulating tasks at the ballot processing center on election day. Directs on-the-spot activities. Coordinates and trains staff on ballot processing to ensure we follow federal, state, and county election laws. Coordinates the preparation and distribution of ballots for voters; mails all ballot material to voters, both domestic and overseas. Plans and coordinates the vote-by-mail election process. Acts as purchasing agent for the Election Division. Plans, purchases, and maintains sufficient inventory for all election activities. Handles special projects for the division. (Example: requests for proposal purchases, vendor contracts, etc.) Salary: 4,210.00 – $5,600.00 Monthly. Application: For the complete job listing and to apply, click here.
Elections Analyst-Candidate Filings, Arizona Secretary of State’s Office— The Election Services Division of the Office of the Arizona Secretary of State is seeking a dedicated employee to serve as an Elections Analyst. This position will assist in administering elections, provide customer service to voters and the regulated community, communicate with Arizona counties, and maintain compliance with state and federal election laws. The main focus of the Election Analyst will be managing the candidate desk. Job Duties: Lead the planning and administering of the candidate petition review process, to include working with vendors and third parties to prepare and execute review process for candidate petitions. Develop training materials and handbooks. Present information to stakeholders and interested parties regarding the candidate filing process. Follow court challenges at the close of the candidate filing process. Maintain the candidate information on the webpage. Act as the primary contact for candidates and campaigns about the candidate filing process; Assist ballot measure desk lead in administering petition review process for initiatives, referendum, and recalls. Assist in developing training materials and handbooks for ballot measures. Assist in processing of circulator registrations related to petition circulation and creation of training materials and handbooks for circulator registrations; Act as subject matter expert in financial disclosure laws and regulations. Draft training materials and handbooks to assist filers in achieving compliance with disclosure requirements. Communicate with officeholders and proxies, judicial officers, and court administrators to provide accurate and concise filing information and instructions. Work with court administrators to track and inform new appointees of filing obligations. Track financial disclosure filings and initiate enforcement proceedings as necessary; Provide customer service to voters, election officials, and the general public regarding elections and voter registration. Provide support and guidance to the regulated community and the general public in areas of Elections Division oversight, including ballot measures, petition circulators, lobbyists, campaign finance, financial disclosures, etc.; As required, serve in a general capacity to accomplish Elections Division goals and meet deadlines. Provide support to upline managers by occasionally coordinating employee teams or working with specialized staff to complete projects. Assist fellow staff during periods of heavy volume; Help maintain all election-related information presented on the Secretary of State website, while ensuring content quality and functionality. Provide timely and accurate updates to election-related pages; and other duties as assigned as related to the position. Application: For the complete job listing and to apply, click here.
Elections Analyst-Public Records, Arizona Secretary of State’s Office— The Elections Division of the Office of the Arizona Secretary of State is seeking a dedicated employee to serve as an Election Analyst. Their main focus will be to fulfill public records requests submitted to the Elections Division. They will report to the Senior Elections Policy Manager. Job Duties: Responsible for receiving, reviewing, and fulfilling public records requests and litigation discovery requests. This process includes the following tasks: tracking requests; communicating with the requester on topics such as fulfillment guidelines, costs, and updates on progress; coordinate collection and organization of responsive records by working with IT, elections, and other staff members; and reviewing and preparing documents for delivery; Responsible for records retention and document storage. Ensure Elections Division stores minimum hard copy documents consistent with the retention schedule; ensures that electronic records are properly maintained. Maintains records retention schedule, Iron Mountain storage, and schedules proper records destruction; Conducts ballot measure Town Halls. Organizing these events includes: scheduling venues; scheduling interpreters as needed (sign language, Spanish); conducting publicity and outreach; ensuring pro and con groups are represented; preparing and delivering presentation; Produces statewide Publicity Pamphlet by working with the vendor on layout, printing and proofing; coordinate the development of the household mailing list; ensuring pamphlets printed for English, Spanish, large print, and ADA; and ensure electronic version of pamphlet is appropriately distributed; Assist with voter registration quarterly reports, list maintenance, and other projects as assigned; Assist with customer service via phones and emails to voters, election officials, and the general public regarding elections and voter registration; and Other duties as assigned as related to the position. Application: For the complete job listing and to apply, click here.
Elections Director, Pima County, Arizona— The Director of Elections leads a department comprised of multiple complex and technical units responsible for the successful conduct of elections in Pima County with over 650,000 registered voters. The role is primarily strategic, operations, and leadership-focused, requiring experience and expertise in the field of conducting elections, elections policy, leading and managing employees to success. Under administrative direction of the County Administrator or designee, this position plans, organizes, supervises and manages the activities of the Pima County Elections Division in compliance with applicable laws, ordinances, rules and regulations. This classification is in the unclassified service and is exempt from the Pima County Merit System Rules. Salary: $125,000. Application: For the complete job listing and to apply, click here.
Fellowship, Arizona Secretary of State’s Office— The Arizona Secretary of State’s Office Elections Fellowship Program offers recent graduates who are interested in public service the opportunity to spend up to 12 months working with the Elections Division in the Arizona Secretary of State’s Office. The Elections Division advances the Secretary of State’s mission of ensuring a fair and secure election process across Arizona. The 2021-2022 fellows will have the exciting opportunity to work with our office during a midterm election cycle. The main fellowship duties will include work that advances the Secretary of State’s responsibilities regarding voter registration and data tracking. This position will be a good fit for someone who is detail-oriented and interested in learning more about elections administration. Throughout their fellowship, fellows will participate in monthly check-in meetings with an Elections team lead to receive guidance and feedback. Job Duties: Assisting with proofing voter registration statistics, researching voter cancelations, assisting uniformed and overseas citizens with voter registration and casting a ballot, election night reporting, proofing the official canvas, and other administrative duties; Maintaining and organizing records to track statutory voter registration list maintenance and election reporting requirements; Conducting document review to support the Office’s public records responses; Researching and responding to public inquiries; and Other duties and responsibilities as related to the position. Application: For the complete job listing and to apply, click here.
Government Services Strategy Impact and Learning Associate, CTCL— Election officials want to administer elections where every eligible voter can easily and securely cast their vote. But moving from intention to real-world impact can be challenging, especially without evidence of what works and what doesn’t work. As the Strategy, Impact, & Learning Associate on CTCL’s Government Services team, you will help measure and maximize the impact of CTCL’s work supporting election officials. You will identify metrics, design evaluations, coordinate with partners, and collect and analyze data. You will contribute to a culture of learning at the heart of CTCL’s Gov Services team, which will expand outward to our partners that work directly with election offices, and expand further outward to every election office in the country. You will be filling a new position and will report to the Senior Strategy, Impact, and Learning Manager. If you care about democracy, if you believe in the importance of public service, and if you love to exceed expectations, this is the job for you. Application: For the complete job listing and to apply, click here.
In-Person Absentee Coordinator, Charleston County, South Carolina— This is a managerial position that provides supervision in the daily operation and management of the front of the office, in-person absentee voting, and candidate filing. Supervises both permanent and temporary employees during in-person absentee voting for elections. Responsible for management of each satellite absentee location, as well as hiring/training absentee poll workers. Provides operational supervision of voting processes from the deployment of voting equipment to receipt and security in absentee voting. Salary: $48,722 – $66,276. Deadline: Jan. 31. Application: For the complete job listing and to apply, click here.
Mail Ballot Administrator, City and County of Denver, Colorado— The City and County of Denver’s Election Division is seeking an accomplished elections professional to serve as the Mail Ballot Administrator and provide administrative and strategic direction for the functional area of Mail Ballot Administration. The Mail Ballot Administrator oversees and acts as the technical expert in all aspects of the mail ballot processing rooms including ballot receiving, ballot verification, and mail ballot extraction in accordance with statutory and Secretary of State rule requirements. Refines and coordinates all operating policies and procedures relating to mail ballot processing. The Mail Ballot Administrator is responsible for training and supervising (50 to 70+) election judges and leads for all mail ballot processing rooms. Creates and oversees the development of all mail ballot materials; acts as the primary point of contact with the ballot production vendor and coordinates production, mailing and receiving of mail ballots; coordinates the post-election process including Canvass preparation, provisional ballots, and poll book processing; cooperates with local, state, and national partners to continually develop best practices; acts as a liaison for the Denver Elections Division to the United States Postal Service and acts as a subject matter expert for postal policy as it relates to non-profit and election mail; oversees quality assurance measures to ensure processes and procedures are tested to evaluate for potential improvement and accuracy; manages continuous improvement initiatives. Salary: $61,263-$101,084. Application: For the complete job listing and to apply, click here.
Michigan Regional Services Manager, Hart InterCivic— Hart InterCivic is looking for a Michigan-based Regional Services Manager. A Hart Michigan Service Manager is a highly motivated “self-starter” who responds to all customer requests ranging from training requests, to phone support requests, to onsite repair of voting equipment requests, to delivery and acceptance of new devices. This individual is the customer’s first line of support. The position requires residency in the State of Michigan. The Service Manager handles all Return Material Authorization (RMA) requests for internal and external customers for all Hart InterCivic Verity products within his/her region and provides on-site customer support and troubleshooting as needed. Application: For the complete job listing and to apply, click here.
Program Manager 3, Nevada Secretary of State’s Office— This position is a supervisory position in the Elections Division of the Office of the Secretary of State located in the Capitol building in Carson City. The incumbent will directly support the preparation and conduct of Nevada’s Primary, General, and Special elections through oversight of the following: Legislative/ Regulation /Election Complaints; Campaign Finance; Publications, Training, Research and Website; Election Night Reporting (ENR)/Candidate Filing; Recall Petitions/ Initiatives. Program Officers administer a program or major component of a program by planning, coordinating and managing services and activities in accordance with legal and regulatory requirements and established program performance standards and objectives. Incumbents are responsible for administering a large and complex program which affects a significant number of people on a continuing basis; develop, revise, recommend, and implement changes to work plans, program performance standards and objectives for providing services, and eligibility requirements as permitted by program regulations and guidelines; ensure compliance with State, federal and/or other granting agencies rules and regulations; and draft laws, rules and/or regulatory changes. Application: For the complete job listing and to apply, click here.
Registrar of Voters, Orange County, California— Located on the Southern California coast with a culturally diverse population of 3 million, the County of Orange (Orange County) offers a high quality of life and a nearly perfect climate year-round. Orange County features excellence in education, low crime rate, a wide variety of businesses, and unlimited recreational opportunities. The County is seeking a dynamic leader with a strong elections experience, who is a visionary and a proven leader in communities, and involved at the highest levels of government at the federal, state, and local level in proven leadership positions. The ideal candidate will have high levels of integrity and be highly politically astute while maintaining absolute objectivity. A combination of education and experience that demonstrates the competency and ability to perform the duties of the position is qualifying. Typically, 10 years of progressively responsible experience in the election-related field and a Bachelor’s degree in Public Administration, Political Science, Business Administration, or a related field would be qualifying. A Master’s degree is highly desirable. Certification as a Certified Elections/Registration Administrator (CERA) is highly preferred. Salary: $125,153.60 – $237,348.80. Application: For the complete job listing and to apply, click here.
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