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June 29, 2023

June 29, 2023

In Focus This Week

SCOTUS rejects Independent State Legislature theory
Majority writes that US Constitution does no insulate state lawmaker actions from review by the state courts

By M. Mindy Moretti

This week, the United States Supreme Court issued a 6-3 decision in Moore v Harper, rejecting the Independent State Legislature theory.

At issue in Moore v Harper was whether the North Carolina Supreme Court overstepped its authority by invalidating the redistricting maps drawn by the General Assembly.

The Legislature argued not that the state Supreme Court erred in its interpretation of state law to assess the maps, but rather that the state court was precluded by the terms of the United States Constitution’s Election Clause from restricting the state legislature’s efforts with regard to redistricting or the time, place, and manner of federal elections – a theory called the Independent State Legislature theory (ISL).

The case was argued in early December 2022 and was definitely one of the court’s most watched cases this year because implications could be far reaching.

“This is a crucial opinion, released 16 months before the 2024 election,” said David Becker, executive director of the Center for Election Innovation and Research. “It makes clear that the judicial restraints that states place on legislative efforts to change election laws or procedures remain, and any effort to circumvent the rule of law will be rejected.

A number of elections officials on both sides of the aisle filed amicus briefs in the case detailing how a ruling could impact state and local elections officials. In a brief filed on behalf of current and former election administrators, the law firm Perkins Coie LLP explained how the ISLT would cause chaos for election officials by, among other things, depriving them of clear “rules of the road” and authoritative interpretations of key laws.

Another brief, filed by Colorado Secretary of State Jena Griswold and 12 other secretaries of state underscored how entrenched state judicial review of election disputes has become and how a Supreme Court ruling limiting that review would destabilize elections.

Writing for the court majority, Chief Justice John Roberts said that the U.S. Constitution does not, as the lawmakers had claimed, insulate their actions from review by the state courts. To the contrary, he said, state legislative power is constrained by the federal and state constitutions, as well as ordinary state laws.

Reaction throughout the elections community was swift and largely united.

“On the merits, this was a good decision. State legislatures are creations of state constitutions and must act within the parameters of those state constitutions. Moreover, none of the justices showed any support for the radical idea that state legislatures can overturn election results they don’t like. The Court’s decision today will create a more stable election landscape,” said Matthew Germer, fellow with the Governance Program at R Street Institute.

The National Task Force on Election Crises, a, cross-partisan group of more than 50 experts in election law, election administration, national security, cybersecurity, voting rights, civil rights, technology, media, public health, and emergency response issued a statement in response to the decision.

“We welcome the Supreme Court’s decision today in Moore v. Harper, rejecting the dangerous Independent State Legislature Theory (ISLT) and reaffirming the traditional checks and balances on state administration of federal elections. The Court has affirmed that when state legislatures exercise their authorities regarding the conduct of federal elections, they do so subject to the provisions of their state constitutions, including judicial review in state courts,” the statement read.

In 2022, the Bipartisan Policy Center released a report on how the ISL could have undermined election principles. The report noted that in the most extreme possibility, local election administrators could be forced to run simultaneous elections—one for federal contests and one for state contests—on different ballots and with different rules.

“This ruling prevents a potential deluge of disruptive changes to voting during the 2024 presidential election cycle,” said Democracy Program Executive Director Matthew Weil. “While we are left without clear boundaries on state court decision-making, legislators at the state level must continue to work with their governors and pass laws that respect their own Constitution’s provisions. That’s the way policymaking should work, and this ruling preserves centuries of precedent.”

Joining Roberts in the majority were conservative Justices Brett Kavanaugh and Amy Coney Barrett and liberal, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Justice Clarence Thomas wrote the dissent, saying first that the case presented no live controversy anymore since a subsequent state supreme court decision had thrown out the original ruling. Justice Samuel Alito joined that part of the dissent only. But Justice Neil Gorsuch joined the second part of the Thomas dissent, which disputed the majority’s conclusion on the merits of the case.

“Today the Supreme Court rejected the independent state legislature theory, the radical notion that could have undermined voting rights and upended our elections. The independent state legislature theory is now dead. State courts can now freely enforce constitutional rights and guarantees as they have for hundreds of years,” said Wendy Weiser, Democracy at the Brennan Center for Justice at NYU Law. “Our system of checks and balances still stands. The court noted that federal courts can, in extreme circumstances, review state court decisions to see if they ‘exceed the ordinary bounds of judicial review.”

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Election News This Week

2023 Elections: Localities throughout New York held primaries this week. Turnout was low statewide, even in New York City. The city deployed more than 20,000 poll workers to some 1,000 poll sites in the Bronx, Brooklyn, Manhattan and Queens, for two dozen City Council primaries, two boroughwide district attorney primaries and dozens of other judicial and party positions on the ballot; the day was far less dramatic. As one of the city’s top elections officials stressed, the agency also took careful and meticulous steps to get it right — knowing full well the criticism it faced in the past. “We have humans, so we have human error like every other agency in the city of New York,” said Vincent Ignizio, the deputy executive director of the New York City Board of Elections and the agency’s main spokesperson. “Our goal is to just run free and fair elections and basically get out of the way, let the voters do what it is they need to do and be as error-free as possible.” In Niagara County, Democratic Elections Commissioner Lora Allan aid results were not posted as quickly as the board would have liked after polls closed Tuesday night because a computing firewall, which is designed to protect the electronic voting system from being compromised by outside forces, blocked results from being sent by local clerks’ offices to the election board’s headquarters in Lockport. The Oneida County board of elections office will have to hold a special primary election—-after BOE officials realized a clerical error caused them to leave a Republican primary in the Town of Remsen off the ballot. The elections board said it notified Remsen, the state of New York and all the impacted candidates about the “irregularity” and are now in the process of working on rectification plans. The Jefferson County board of elections paused two polling places for this election, but provided bus service to take voters who usually use those polls to their new polling place. Only two people rode the buses all day. Redistricting caused some voter confusion at a high-rise for seniors and people with disabilities in Monroe County.

New Report: The Election Reformers Network (ERN) recently released a new report: Helping States Comply with the Electoral Count Reform Act. The report is designed for state legislators and their staff, election officials, and other administrators. The report summarizes the impact of the ECRA on state law and provides six recommendations on what states need to look for—and potentially change.  “The Electoral Count Reform Act reflects a broad bipartisan consensus that clarity counts when the stakes are high and time is short,” said G. Michael Parsons, ERN Senior Counsel and lead author of the report. “The report aims to make implementation as simple as possible so states can carry on this important and timely work ahead of the 2024 presidential election.”  The ECRA updated the Electoral Count Act of 1887, which contained the ambiguous and outdated language that provided a pretext for attempts to subvert the 2020 election. Recognizing the importance of clarity for the processes governing a peaceful transfer of power, Congress affirmed the purely ministerial role of the Vice President, tightly narrowed the grounds for objection to electoral votes in Congress, and underlined the primacy of courts in resolving election disputes. In addition, the ECRA added new procedures to avoid any ambiguity around the validity of electoral votes received from the states. Because of these changes, there are now discrepancies between state and federal laws. “We shouldn’t be relying on eleventh-hour litigation in 2024 to fix foreseeable issues that can be addressed today,” said ERN Executive Director Kevin Johnson. “We don’t need to take that chance.”

Sticker News: Move over crazy spider. Featuring a flying unicorn and an extremely exuberant early voter, a design by 11-year-old Shannon Fisher won the hearts of thousands of voters to take home the winning design in the Wake County, North Carolina Board of Elections sticker design contest. “The enthusiasm and support for these students have been wonderful to see – nearly 7,000 people cast votes!” said Wake County Elections Director Olivia McCall. “We have so many talented young people in our community and we’re incredibly grateful to everyone who participated.” After launching their first ever sticker contest, the Wake County Board of Elections received more than 100 creative “I Voted Early” designs from middle and high school students across the county. Staff were then tasked with the difficult job of using contest guidelines to narrow the selection to 10 finalists. Fisher’s design edged out her fellow designers earning 28% of the vote.

Oregon Secretary of State: Gov. Tina Kotek has named LaVonne Griffin-Valade as the next secretary of state following the resignation of Shemia Fagan in May. Griffin-Valade spent 16 years as a government auditor — first at Multnomah County and then as Portland’s elected auditor before leaving government service in 2014 to pursue a career in writing. “LaVonne Griffin-Valade has the professional background and ethical judgment to rise above politics and lead the important work of the agency forward,” Kotek said in a statement. “This role demands accountability and transparency, especially at this moment, and I am eager to see her leadership restore faith in the Secretary of State’s office.” Griffin-Valade will be sworn in on June 30. A release from the governor’s office said Griffin-Valade will serve the remaining 18 months of Fagan’s term. Elisabeth Shepard, a Kotek spokesperson, said it was up to Griffin-Valade whether she chooses to seek election to the office in 2024. In a statement Wednesday, Griffin-Valade said she’s up to the task. “I have the experience to bring back credibility, accountability, transparency, and trust to the Secretary of State’s office,” she wrote. “It’s never been more important to have a leader who will focus on rebuilding the public’s trust in the Secretary of State’s office, and that is exactly what I will aim to do every day.”

Personnel News: The Pennsylvania Senate’s State Government Committee voted 10-1 to approve acting Secretary of State Al Schmidt’s nomination. The Anchorage, Alaska Assembly has unanimously confirmed Jamie Heinz to serve as the city’s next municipal clerk. Christina White will not seek re-election as Miami-Dade County, Florida’s supervisor of elections. James Temple is the new Sheridan County, Wyoming elections supervisor. Sumner County, Tennessee Administrator of Elections Lori Atchley has taken a leave of absence from her position. Carol Robertson is stepping down as the Mills County, Iowa auditor. Terry Meyers is retiring as the Chowan County, North Carolina board of elections director. Geraldine Roll has resigned as the Pinal County, Arizona elections director. Luzerne County, Pennsylvania Deputy Election Director Beth Gilbert resigned this week.  And congratulations to Macomb Township Clerk Kristi Pozzi for being named Michigan Township Clerk of the Year. Angie Maniglia-Turner was reappointed to another term as the Alexandria, Virginia general registrar. Mike Mele will succeed Kathy Case as Republican elections commissioner  in Orleans County, New York.

In Memoriam: Former longtime Jefferson County Circuit Clerk Anne-Marie Adams has died. Adams served as clerk from 2000 to 2018. She was 77 years old. While her office was at the Jefferson County Courthouse, Adams as clerk was a frequent presence around the county as she traveled to educate the public about her office, how elections work, and to encourage more citizens to participate in the elections process. “That’s one of the reasons that I have worked so hard with absentee elections – people didn’t trust the process or they didn’t think that absentee ballots were counted unless it was a very close election,” she told Al.com when running for re-election in 2012. “If you put character and integrity into a situation like that, you get people to trust you and trust your way of doing things.” Jefferson County Tax Assessor Gaynell Hendricks praised Adams, a friend and colleague, as a stalwart who remained committed to her official duties and to her community. “Anne-Marie Adams was the epitome of a true and dedicated public servant,” Hendricks told AL.com. “The breadth and depth of her knowledge about the court system are unsurpassed. We could always depend on Anne-Marie to keep us informed on voting laws. She loved her position as county clerk. She will be missed.”

Legislative Updates

Federal Legislation: Rep Gary Palmer (R-AL06) reintroduced the Citizen Ballot Protection Act to promote election security. The legislation would allow states to require proof of citizenship for voters by amending the National Voter Registration Act (NVRA). Cosponsors of the Citizen Ballot Protection Act include Rep. Chuck Edwards (R-North Carolina), Rep. Andrew Clyde (R-Georgia), Rep. Randy K. Weber (R-Texas), Rep. Clay Higgins (R-Louisiana), Rep. Jeff Duncan (R-South Carolina), Rep. Dan Crenshaw (R-Texas), Rep. Mike Bost (R-Illinois), and Rep. Andy Biggs (R-Arizona). Palmer previously introduced this legislation in 2022. “Restoring faith in the ability to conduct free and fair elections in this country begins with cleaning up voter rolls and requiring proof of citizenship to prevent illegally cast ballots from swaying elections,” said Rep. Palmer. “I introduced the Citizen Ballot Protection Act because Americans deserve to know their elections are secure. It is common sense that states should be able to require proof of citizenship to ensure only citizens are voting in their elections. Unfortunately, a 2013 Supreme Court ruling prevents states from requiring proof of citizenship to vote in federal elections. This bill will fix the problem by amending the National Voter Registration Act of 1993 to give states the ability to verify the citizenship status of their voters when they register.”

California: An updated version of a state bill introduced earlier this year in response to Shasta County’s abrupt and controversial decision to ditch Dominion voting machines would essentially render moot the county’s effort to hand count ballots. Assembly Bill 969, the voting systems bill that was introduced in February, was recently amended to include language that would ban manual counting of ballots in elections with more than 1,000 registered voters. There are more than 111,500 registered voters in Shasta County. Authored by Assemblywoman Gail Pellerin, a Democrat, AB 969 was a response to Shasta County’s decision in late January to ditch Dominion voting machines. The amended version of the bill is scheduled to be heard in the Senate’s Governance and Finance Committee on— a week after the Senate’s Elections and Constitutional Amendments Committee passed the bill by a 6-1 vote on June 20. The bill is an emergency statute, so it would take effect immediately upon Gov. Gavin Newsom’s signature. “I would say the bill was crafted to defend the voters in Shasta County and make sure they are not disenfranchised,” Registrar of Voters Cathy Darling Allen said.

Michigan: Michigan’s new voting rights constitutional amendment is a step closer to implementation. That’s after lawmakers sent a series of bills to the governor Tuesday. One remains behind for the Senate to give a final OK to changes the House of Representatives made. The bills spell out what the new changes mandated by the amendment, like a nine-day early voting period, would look like in practice. The legislation would allow communities to open that period for longer, up to 29 days before an election, if they choose. The package would also expand absentee ballot pre-processing, implement a permanent absentee voter list, and give voters a chance to fix problems with a signature on their absentee ballot.

New Hampshire: Lawmakers killed a bill that would have allowed for online voter registration in time for the 2024 presidential primaries, after Senate Republicans objected to an unrelated House amendment over ballot machines. As originally introduced, Senate Bill 70 would have allowed the secretary of state to create an “Election Information Portal” to let residents register to vote online when they move to a new town. The portal would also allow voters to request absentee ballots and update their name and address information within the voter file. Under current law, residents must go to their town offices in person or send a request by mail. But after the Senate passed that version by voice vote in February, the House added an unrelated amendment to the bill that would have allowed the secretary of state to give some of its federal grant money to towns to help them replace aging voting machines. But during “committee of conference” negotiations, Senate Republicans opposed that amendment. Negotiators were unable to find consensus. Committee of conference reports must be unanimous in order to advance; with a 6 to 1 vote, the compromise attempt failed.

New Jersey: The Senate approved an overhaul of New Jersey’s election reporting rules , sending to Gov. Phil Murphy’s desk a bill that would end the patchwork of reporting regimes that exists across the state’s 21 counties. The bill, which won bipartisan support in both chambers, would require county clerks to post election results online by 11:59 p.m. on the date of any primary or general election and continue to post them by 9 p.m. daily until all ballots are counted. The bill would require clerks, in cooperation with county elections boards, to disclose information on the number of voting machines used — whether they were used for early voting or on Election Day — as well as how many machine votes have and have not been tallied. They would also be required to report the number of mail-in ballots that have been received or counted and how many are still waiting to be processed. “This bill will ensure clarity, eliminate confusion about results, and serve to counteract misinformation that circulates on social media and elsewhere,” said Sen. Andrew Zwicker (D-Middlesex), the bill’s Senate sponsor. The Senate approved the bill in a 34-1 vote.

Nevada: Gov. Joe Lombardo signed AB192, a bill that will standardize the design of mail ballot return envelopes across the state, revise the definition of electioneering, and require electioneering signs at polling locations to be placed so that they are clearly noticeable to election workers, voters, and electioneerers. “We extend our appreciation to Assemblywoman González for sponsoring AB192, as well as the  Secretary of State’s office for co-championing this legislation. Through our efforts to protect elections over time, we have observed recurring issues,” said Emily Persaud-Zamora, Executive Director of Silver State Voices on behalf of the Let Nevadans Vote coalition.  “This step is advantageous for the counties, especially rural ones that may have less purchasing power compared to more populated counties, given the current paper shortage,” she added. “Moreover, requiring the enhanced visibility and larger printing of electioneering signs benefits both election workers and voters. We express our gratitude to our Nevada legislators for passing this bill, and we thank Governor Lombardo for signing it into law.”

Ohio: Lawmakers have filed two measures that would establish a closed primary system. The change would mean only voters who previously declared a party affiliation would be allowed to vote in partisan primary elections. Unaffiliated voters make up the vast majority of the electorate according to the latest Secretary of State data. Ohio’s voter database currently shows 1.3 million registered Republicans, 1 million registered Democrats, and 5.7 million unaffiliated. Unaffiliated voters would not be able to choose when voting to cast a partisan primary ballot under the proposed changes. One bill requires voters to declare their party 30 days ahead of an election, while the other would require it by Dec. 31 of the prior year.

Pennsylvania: The House State Government Committee cleared House Bill 1488 on a party-line vote. The bill would remove municipal elections from the language of the state’s election code as it applies to constitutional amendment referenda; the result, according to committee Executive Director Nick Himebaugh, would be that constitutional ballot questions could only appear in November elections of even years. Proposed changes to the state constitution must be passed by the legislature twice, in separate sessions, before they appear on the ballot at the next election that occurs at least three months after the second passage. “The constitutional amendment process really should not be taken lightly,” said Rep. Ben Sanchez, D-Montgomery, the bill’s prime sponsor, and “should seek to maximize voter participation and should not be done by a handful of voters.”

Legal Updates

Arizona: Maricopa County Recorder Stephen Richer is suing Kari Lake and her campaign for defamation, after enduring a continuous onslaught of vitriol and false claims from her and her followers. “For the last seven months, I have been subjected to constant harassment, intimidation, and threats to my and my family’s lives because the defendants in this case were spreading falsehoods about me, my work, and our elections,” Richer said in a statement. “While I followed the law and respected the will of millions of Arizona voters after the 2022 election, the defendants chose to engage in a concerted campaign to destroy my reputation, threaten my livelihood, and rob me and my loved ones of our safety and well-being.” Richer, in his personal capacity, filed a defamation suit in Maricopa County Superior court against Lake, her campaign and the Save Arizona Fund, a dark money nonprofit that Lake controls and that has raised untold sums of money to fund her legal efforts to overturn the 2022 election.  “Since the November 2022 election, Defendants have repeatedly and falsely accused Richer of causing Lake’s electoral defeat, including by claiming that Richer — a registered Republican — sabotaged the election to prevent Republican candidates, including Lake, from winning,” Daniel Maynard, Richer’s attorney, wrote in the complaint.  The suit specifically focuses on Lake’s claim that Richer “intentionally printed 19-inch images on 20-inch ballots to sabotage the 2022 general election,” resulting in 300,000 “illegal, invalid, phony or bogus” early ballots being counted in Maricopa County.

California: The Nevada County Superior Court issued a final ruling in Young v. Diaz, a public records act case concerning election records from the 2020 Presidential election. The court ordered the Clerk-Recorder’s Office to provide Young with election records she had requested, including over 26,000 pages that will require significant redaction of sensitive information in order not to compromise election security and voter privacy. Prior to the ruling, there was no court precedent concerning the records at issue, nor were there laws that provided clear direction.  Following Young’s original requests in 2021 and 2022, the Clerk-Recorder’s Office consulted with the Secretary of State, California’s top election official. The Secretary of State informed the Clerk-Recorder’s Office, in writing, that providing some of the records at issue “could potentially present a security risk and should not be made public.” The Secretary of State also filed a declaration with the Court reiterating its position that “these records must remain sealed and protected from disclosure.” The Clerk-Recorder’s Office, in consultation with County Counsel, followed the Secretary of State’s advice.  Contrary to that advice, the Superior Court has now concluded that the Clerk-Recorder’s Office can provide two of the requested records without violating the law or compromising election security.

Florida: Immigrant rights groups are suing to block new restrictions on voter registration organizations. Voter registration groups that primarily serve Hispanic and Latino communities are the main plaintiffs in Hispanic Federation v. Byrd. They claim the new law — SB 7050 — will significantly reduce the number of voters they’re able to register. They’re seeking a preliminary injunction to block the law from taking effect on July 1.  U.S. District Judge Mark Walker in Tallahassee will heard arguments in the case on Wednesday.  The case focuses on a specific provision of the law that prevents immigrants from getting involved in the political process. Under the new law, voter registration groups could face $50,000 in fines for every noncitizen volunteer who “handles” or “collects” voter registration forms. Plaintiffs argue that violates the 1st and 14th Amendments to the U.S. Constitution, along with federal civil rights statutes.  The new elections law will also shorten the number of days that voter registration groups have to return completed applications to elections offices from 14 to 10. It will also increase fines for each late application by 50 times as much. Groups could accrue up to $250,000 in fines over the course of a year.  Nearly 2,000 active voter registration groups are listed in the state Division of Elections’ online database. They’re typically advocacy organizations, churches and social clubs that help minority and low-income voters and seniors.

Illinois: Will County Judge John Anderson ordered the losing candidate in the 2022 race for Will County clerk and her attorney who filed an election fraud lawsuit to pay $35,000 in sanctions for what he called a “frivolous lawsuit.” Republican Gretchen Fritz filed the lawsuit Dec. 28, claiming she believes “mistakes and fraud have been committed in the casting and counting of ballots” in the race because her opponent, Democratic Will County Clerk Lauren Staley Ferry, received more votes than Democratic Gov. J.B. Pritzker. nderson dismissed the case March 30 and approved the $35,000 in sanctions. “It’ll be a deterrent so that these fake election lawsuits don’t get filed,” said Burt Odelson, Staley Ferry’s attorney. Odelson filed a motion in April for Rule 137 sanctions against Fritz and her attorney, David Shestokas. Odelson petitioned for $40,047.25 in fees and costs for the case through April 10, but Anderson adjusted the fee to $35,000.

Kansas: The Kansas Supreme Court will review portions of a voting rights lawsuit challenging the constitutionality of mandates created in 2021 in response to election fraud conspiracy theories. To settle some of the debate around state elections, justices will hear arguments about whether Kansans’ right to vote is undermined by state law restricting the number of advance ballots a person can deliver to an election office. The arguments will also challenge state law requiring election volunteers to verify signatures on advance ballots. The plaintiffs filed a motion asking the Kansas Supreme Court for an injunction on these provisions while the appeals process is ongoing. The Kansas Court of Appeals issued a March opinion that the case should go back to District Court, reversing the decision of a Shawnee County judge, who dismissed the voting-access lawsuit. The court opinion indicated the plaintiffs had ground to sue.  Among other restrictions laid out in House Bill 2332 and House Bill 2183: Election officials must evaluate advance ballots by matching signatures on file with the county with signatures on ballot envelopes, and one person cannot deliver more than 10 advance voting ballots on behalf of other voters. The law also created new penalties for touching somebody else’s ballot, distributing ballots or altering the postmark on an advanced ballot. Democratic Gov. Laura Kelly vetoed both bills, but was overridden.

Kentucky: Kentucky Governor Andy Beshear restored voting rights to nonviolent felons in 2019, but a group of convicted criminals argued before the 6th Circuit Court of Appeals that relief does not prevent a First Amendment challenge to the commonwealth’s re-enfranchisement procedure. The lawsuit was originally filed in 2018 against then-Governor Matt Bevin, a Republican, and claimed Kentucky’s re-enfranchisement protocol for felons – involving a decision by the governor alone – violated the First Amendment because it gave the governor “unfettered discretion” over a criminal’s voting rights. Beshear took office shortly thereafter and signed an executive order to restore voting rights to all in-state, nonviolent felons who completed their sentences and paid off any fines. U.S. District Judge Karen Caldwell, an appointee of George W. Bush, dismissed the case in August 2020 and ruled Beshear’s executive order provided the “non-arbitrary criteria” for reinstatement of voting rights the plaintiffs sought and, therefore, mooted the case.  The convicts, some of which were not covered by Beshear’s order because of out-of-state convictions, appealed to the Sixth Circuit, which determined their claims were not mooted. “The U.S. Supreme Court has … repeatedly underscored that a plaintiff challenging such an arbitrary licensing system on unfettered discretion grounds is not required to first apply for and be denied a license to engage in that constitutionally protected conduct before filing suit,” they said. Caldwell erred when she considered the relief granted by the governor a “partial pardon,” according to the plaintiffs, who urged the appeals court to render its own decision on the merits.

Michigan: The U.S. Sixth Circuit Court of Appeals upheld sanctions against attorney Sidney Powell for spearheading a legal effort to award Michigan’s Electoral College votes to former President Donald Trump in 2020 despite his loss in the battleground state. While the panel ruled that others involved in the case will also have to pay for filing frivolous claims of election fraud, it ruled that a pair of lawyers won’t pay a dime. The panel found that the attorneys sanctioned failed to investigate their own claims before filing them, apparently never read the Michigan election law they accused election workers and voters of violating and filed exhibits that undermined their own allegations about Dominion voting machines. Under the decision, Powell and six lawyers involved collectively owe $132,810.62 to the City of Detroit for having to defend itself against the conspiracy-ridden lawsuit that contained wild allegations related to voting machines and voter turnout.

New York: Supporters of a year-old law aimed at expanding voting rights to nearly a million immigrants in New York City took their case to the Appellate Court, seeking to overturn a lower court ruling that barred the law from taking effect. At issue is Local Law 11, which is known by advocates as “Our City, Our Vote” and would allow non-U.S. citizens who have work permits or are legal permanent residents or green card holders to vote in elections for city offices. That includes the elections for the City Council or for the offices of borough president, city comptroller, public advocate and mayor. The law passed the City Council in December 2021, and was enacted in 2022. The very next day, a group of Republican lawmakers filed a lawsuit in state court in Richmond County calling the law unconstitutional. In that case, Justice Ralph Porzio sided with the plaintiffs, ruling that the city’s law violated the language of the state constitution, which refers to voting rights in the context of “citizens.” A panel of four judges from the Appellate Division’s second department heard arguments for more than an hour from attorneys on both sides of the lower court’s decision. Their ruling in the case is not expected until fall. Attorney MacKenzie Fillow, who appeared on behalf of the city, said the Appellate Division should reverse the lower court’s decision because the plaintiffs did not meet their “heavy burden” of proving the law was unconstitutional. She said the state constitution does not prevent the city from setting rules that govern its local elections.

Pennsylvania: The Delaware County GOP has filed a lawsuit against Delaware County and county council for the right to name its own representative to the three-member county Board of Elections. “The foundation of democracy rests upon free and fair elections,” Republican Party Chairman Frank Agovino said. “In Pennsylvania, minority parties have the right to appoint a member to county election boards to act as a crucial check on the majority party and to ensure that elections are fair and transparent. The Delaware County Democrats are violating the law in a blatant power grab by trying to remove this right.” The GOP believes Democrats are laying plans to reject all GOP nominees for the minority seat on the board, which is filled through the end of this year. The Republican National Committee and the National Republican Senatorial Committee are backing the county GOP.

A state court rejected the latest Republican effort to throw out the presidential battleground state’s broad mail-in voting law that has become a GOP target following former President Donald Trump’s baseless claims about election fraud. It is the latest of several refusals by a state court to invalidate Pennsylvania’s 2019 mail-in voting law, enacted barely months before the COVID-19 pandemic began and Trump began attacking mail-in voting. In the lawsuit filed last year, 14 current and former Republican state lawmakers said the court must invalidate the law because two earlier court decisions triggered a provision written that says the law is “void” if any of its requirements are struck down in court. The law has a requirement that voters must hand-write a date on the outer envelope of their mail-in ballot in order for the ballot to be counted. The Republicans argued that the two earlier court decisions refused to enforce the hand-written date requirement — meaning the law should be thrown out. But the Commonwealth Court, in a 24-page opinion, unanimously found that the court decisions did not invalidate “the dating provision” of the law. It dismissed the lawsuit, in favor of Gov. Josh Shapiro’s administration and the national and state Democratic parties.

Tennessee: A lawsuit filed by the Sumner County Election Commission against the county’s mayor and its governing body will be allowed to continue, a chancellor ruled. The lawsuit was filed in May after members of the Sumner County Commission sought to evict election officials from their offices and warehouse space used to store voting machines — potentially leaving machines unsecured and out of easy reach of election officials who need ready access to them. The eviction plans came as election officials were expecting a shipment of next-generation voting machines requiring larger, secure storage and just as they were preparing for upcoming elections. The lawsuit suggested county officials’ efforts “threaten the integrity of the 2024 election before a single vote has been cast.” In denying the county commission and mayor’s motion to dismiss the case, Chancery Court Judge Louis Oliver III also admonished their attorney over the county commission’s public efforts to embarrass Lori Atchley, the elections administrator, while she is a litigant in a case against them. A temporary order barring the election commission’s eviction, issued by the judge in May, remains in place while the case continues, Lee said.

Virginia: A coalition of advocacy groups filed a federal lawsuit over a Virginia law that automatically stripped convicted felons of their voting rights shortly after the Civil War. The American Civil Liberties Union (ACLU) of Virginia, voting rights advocacy group Protect Democracy and law firm WilmerHale filed the lawsuit against Virginia Gov. Glenn Youngkin (R) as well as other state officials. The lawsuit alleges that the state violated a 150-year-old law that established the rules of Virginia’s readmission into the Union after the Civil War ended. The coalition is representing three individuals — Melvin Wingate, Tati Abu King and Toni Heath Johnson — as well as Bridging the Gap, an organization that offers aid to formerly incarcerated people. According to the lawsuit, Virginia is one of three states whose constitutions automatically disenfranchise all felons unless the governor restores their right to vote, for which felons in Virginia must individually petition the governor. At the center of the lawsuit is the Virginia Readmission Act, which prohibited Virginia’s constitution from being “amended or changed to deprive any citizen or class of citizens of the right to vote, except as a punishment for such crimes as are now felonies at common law,” according to the ACLU. Those felonies at the time included crimes of murder, arson, burglary and rape. The law was amended a few years later that would disenfranchise people for an expanded list of crimes, which the plaintiffs say violated the Virginia Readmission Act.

Opinions This Week

National Opinions: Moore v Harper, II, III, IV, V, VI, VII, VIII, IXVoting Rights Act, II, III, IV, V, VI, VII | Voting rights | Ballot harvesting | Unaffiliated voters | Ranked choice voting | Voting age; |Blueprint for democracy | 2024

Alabama: Voting rights

Arizona: Defamation suit, II

Connecticut: Ranked choice voting

Kentucky: Vote centers | Ex-felon voting rights

Michigan: Military & overseas voters

New Mexico: Election reform

New York: Turnout

North Carolina: Election legislation

Oklahoma: Audits

Oregon: Ranked choice voting | Noncitizen voting

South Carolina: Ranked choice voting

Texas: ERIC

Upcoming Events

Field Hearing: The Committee on House Administration will hold a field hearing “American Confidence in Elections: The Path to Election Integrity Across America” in Cobb County, Georgia. When: July 10, 2:30pm Eastern. Where: Online

NASS 2023 Summer Conference: The National Association of Secretaries of State will hold its summer conference in Washington, D.C. Registration will be open in May. Check back for more details. When: July 9-12. Where: Washington, DC.

2023 EAC Data Summit: The 2023 Data Summit will include a review of significant EAVS findings, and discussion on how the EAVS can be utilized by election officials, academics, and other stakeholders to improve elections. The Data Summit will be held at the EAC Hearing Room and live streamed on the EAC’s YouTube page. When: July 19. Where: Online.

2023 EAC Local Leadership Council Annual Meeting:  The U.S. Election Assistance Commission (EAC) Local Leadership Council (LLC) will hold its 2023 Annual Meeting on July 20th and July 21st. This meeting is in-person and open to the public. During the meeting, the EAC’s LLC members will discuss EAC updates and upcoming programs, such as election technology. The meeting will include moderated discussion on topics such as training and workforce development, looking ahead to 2024, and making the Local Leadership Council an effective Advisory Board. Throughout the meeting, there will be opportunities for members to ask questions. Additionally, the Board will vote to elect members to executive officer positions, who will be sworn in at the meeting.  As leaders and officials who work firsthand to administer elections at the local level, the LLC provides recommendations and direct feedback to the EAC on a range of topics such as voter registration, voting system user practices, ballot administration (programming, printing, and logistics), processing, accounting, canvassing, chain of custody, certifying results, and auditing.     The EAC appoints two members from each state to the 100-member LLC after soliciting nominations from each state’s election official professional association. Members of this advisory board, which was established in June 2021, must be serving or have previously served in a leadership role in a state election official professional association when appointed. The LLC currently comprises 90 appointed members. When: July 20-21. Where: New York City.

NACo Annual Conference: The National Association of Counties (NACo) Annual Conference & Expo is the largest meeting of county elected and appointed officials from across the country. Participants from counties of all sizes come together to shape NACo’s federal policy agenda, share proven practices and strengthen knowledge networks to help improve residents’ lives and the efficiency of county government.  When: July 21-24. Where: Travis County, Texas.

NASED Summer Conference: The National Association of State Election Directors will hold its 2023 summer conference in South Carolina. There will be no virtual option this year.  Where: South Carolina. When: July 25-27.

Election Center National Conference: The National Association of Election Officials (The Election Center) will hold its 38th Annual Conference in Orlando, Florida in late August. In addition to the conference, CERA courses and renewal courses will be offered. The conference will include plenary sessions, workshops, the CERA graduation ceremony and an optional tour of the Orange County, Florida supervisor of elections offices. When: Aug. 26-30. Where: Orlando, Florida

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 mmoretti@electionline.org.  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.

Administrator II, Maryland State Board of Elections— Support election-related preparation and support activities; Support the agency’s process for adopting and amending the Code of Maryland Regulations; Oversee the agency’s disaster recovery plan, testing and updates and supporting contracts; Oversee the agency’s Comprehensive Audit Program and other oversight activities of the local board of elections; Oversee the agency’s post-election ballot tabulation audit process and supporting contracts; Manage agency’s ongoing implementation of legislative or other audit processes.  Salary: $59,608 – $92,290. Deadline: July 6. Application: For the complete job listing and to apply, click here.

Assistant Manager-Poll Worker Department, Palm Beach County, Florida— The Palm Beach County Supervisor of Elections is looking for an experienced Assistant Poll Worker Department Manager. In this role, you will oversee the planning and the completion of various projects, administrative functions, operations, and specialized tasks in the Poll Worker Department. The work involves knowledge and application of departmental operations, planning, assigning responsibilities, monitoring election worker classes, maintaining records, evaluating performance, and the ability to review work for accuracy. This position requires initiative and sound independent judgement in the application of office policies, election laws, and procedures. Must be personable and maintain effective working relationships with colleagues, associates, and the general public. All work is performed under the guidance of the Supervisor of Elections. The ideal candidate will have an excellent work ethic, including consistent performance, reliability, and attendance. The desire and ability to work well in a fast-paced collaborative environment with a smile are essential to the position. Application: For the complete job listing and to apply, click here.

Associate Director, Political Science, MIT Election Data and Science Lab— To serve in a leadership role by working with the faculty director to develop and implement an expanded strategic vision of MEDSL and to manage operations and administration of the lab’s activities. Will bear primary responsibility for ensuring that the lab’s activities are responsive to the most pressing needs of election administrators throughout the United States and for maintaining robust lines of communication with election officials and allied research institutions. MEDSL is dedicated to the creation of knowledge, insights, and data necessary to increase understanding and guide improvement of elections as they are conducted in the United States. Required: bachelor’s degree; five years’ direct experience working in election administration or election science (which may have been acquired through work as a state or local administrator, leader of a nonprofit organization, or academic researcher); tactical and strategic approach to responsibilities; excellent problem-solving, organizational, project management, and written and verbal communication and presentation skills; organizational and cultural awareness; diplomacy and good judgment;  initiative; interest in contributing to the progress of scientific research by facilitating the work of others; discretion and judgment with confidential information/issues; and proficiency with Microsoft Word, Excel, and PowerPoint.  Must be able to achieve big picture results while paying attention to detail; follow through and achieve objectives in a timely manner; keep teams, projects, and deliverables on track; coordinate multiple tasks, set priorities, deliver results, and meet deadlines; exert influence, negotiate, and work across boundaries; and work independently and collaboratively. Preferred: graduate degree in law, political science, public policy, public administration, management, or related field. Application: For the complete job listing and to apply, click here.

Board of Elections Training Specialist, Wake County, North Carolina— Are you looking to get involved in your community? Do you want to make a difference? Are you passionate about learning? If so, get ready to roll up your sleeves and become part of something bigger! The Wake County Board of Elections is currently seeking an experienced Instructional Designer/Training Specialist to join our dynamic and driven Training Team. The ideal candidate will be a strong communicator who thrives in a fast paced, ever changing work environment. They will have a clear understanding of the commonly accepted instructional design models, what it takes to be a behind the scenes designer, have a strong visual sense and excellent project management skills. What will you do as a Board of Elections Training Specialist? Develop training materials, including classroom presentations, manuals, workbooks, training videos and online training modules to facilitate comprehensive training for Early Voting and Election Day Officials; Review, evaluate and modify existing and proposed programs and recommend changes; Create schedules, design layouts for training facilities and adjust room layouts as necessary between in-person classes; Train and manage instructors and assistants for in-person training classes; Serve as instructor for some online webinars and in-person classes; Collaborate with team members to gain knowledge of work processes, identify training needs and establish plans to address the needs through training solutions; Identify innovative training tools and methods to enhance the training program; Monitor and assess election law changes and incorporate the changes into polling place procedures; Develop and design election forms, precinct official website, newsletters, assessments and other communications; Develop high level design documents, storyboards, audio narration scripts, status reporting, QA and testing plans; Assists with Early Voting site setups and call center support; Assists with Election Day call center support and post-election processes; and Portfolios will be required by all applicants who are selected to move forward in the recruitment process. Salary: $27.10 – $28.10.  Application: For the complete listing and to apply, click here.

Chief Deputy Registrar of Voters, San Bernardino, California— The San Bernardino County Registrar of Voters seeks a dynamic and innovative administrator who can lead and thrive in a fast-paced environment to manage our elections programs, processes, and team.  The Chief Deputy Registrar of Voters is a forward-thinking individual that assists with guiding the future direction of the department and its processes, taking a hands-on approach to find solutions while working collaboratively with a knowledgeable and dedicated team. The Chief Deputy Registrar of Voters is a key member of the Department’s senior management team, participating in organizational strategic planning and administering election programs. The position serves as a Chief over a division of the Registrar of Voters (ROV) office and has primary responsibility for assisting the ROV in planning, conducting, and certifying all Primary, General, and Special elections. Salary: $85,425.60 – $118,684.80. Application: For the complete job listing and to apply, click here.

Chief Information Officer, Illinois State Board of Elections— Functions as Chief Information Officer (CIO) of the SBE Information Technology Systems.  Responsibilities encompass full range of information services; application design and development, system administration, data administration, operations, production control, and data communications. In conjunction with the Board, Executive Director, and Executive staff, the CIO determines the role of information systems in achieving Board goals.  Defines goals in terms of statutory obligations to be met, problems to be solved, and/or opportunities that can be realized through the application of computerized information systems.    Prepares and submits budget based projections of hardware, software, staff and other resource needs to adequately provide for existing systems, as well as support of new project initiatives.   Advises Executive Staff in matters relating to information technology.  Develops presentations and reports for the Board and Administrative Staff.  In conjunction with Executive Staff, evaluates system performance to determine appropriate enhancements. Salary: $7,885 – $13,237 Monthly. Application: For the complete job listing and to apply, click here.

Chief Voting Section, U.S. Department of Justice— The Civil Rights Division (CRT) is seeking an experienced attorney to serve as the Chief, Voting Section. The Voting Section enforces the federal civil rights laws that safeguard citizens’ right to vote; brings lawsuits against states, counties, cities, and other jurisdictions; submits statements of interest in litigation brought by private parties; and monitors elections. Salary: $141,022 – $212,100 per year. Deadline: July 12. Application: For the complete job listing and to apply, click here.

Data Analyst, Protect Democracy— VoteShield, a project of Protect Democracy, seeks highly motivated and civic-minded Data Analysts to join our growing team. VoteShield’s goal is to maintain complete and accurate voter data in order to ensure free and fair elections for all qualified voters. As a member of this world-class analysis and engineering team, you will analyze voter registration data, work with election administrators, and grow your technical skills. Ideal candidates will be critical thinkers with a command of data analysis techniques and the ability to distill findings into clear, accessible reports and presentations. We are seeking people who bring an interest in civic data, commitment to non-partisanship, and passion for defending and strengthening our democracy through free and fair elections. We do not expect that any one candidate will have all of the experiences and requirements listed — our current data analysis team comes from a variety of professional backgrounds, including academia and the public and private sectors. We highly encourage you to apply if the job description gets you excited about the role and the work of Protect Democracy & VoteShield. You may work from any location in the United States, and candidates from diverse backgrounds and from across the political and ideological spectrum are strongly encouraged to apply. Application: For the complete job listing and to apply, click here.

Deputy Director- Communications & Support Services, DeKalb County, Georgia— The following duties are normal for this classification. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Manages, directs, and evaluates assigned staff; oversees employee work schedules to ensure adequate coverage and control; reviews timesheets; approves/processes employee concerns and problems and counsels or disciplines as appropriate; assists with or completes employee performance appraisals; directs work; acts as a liaison between employees and County administrators and elected officials; and trains staff in operations, policies, and procedures. Organizes, prioritizes, and assigns work; prioritizes and schedules work activities in order to meet objectives; ensures that subordinates have the proper resources needed to complete the assigned work; monitors status of work in progress and inspects completed work; consults with assigned staff to assist with complex/problem situations and provide technical expertise; provides progress and activity reports to County administrators and elected officials; and assists with the revision of procedure manuals as appropriate. Directs functions and activities of the department; directs voter registration programs, voter education and outreach programs; administers elections; recruits and trains poll workers; and oversees storage, maintenance, preparation, and testing of election equipment. Directs voter registration activities; reviews and approves staffing levels during high volume and peak registration periods; monitors work activities to ensure timely processing of applications and maintenance of voter registration rolls; and conducts voter education seminars and training for citizens. Conducts elections; supervises departmental personnel to ensure that all elections are conducted in accordance with state and federal laws and regulations; determines locations and schedule for early voting; organizes equipment and staff deployment levels for early and election day voting; reviews training packets; monitors early voting traffic and election task lists; approves ballot layouts; and implements changes in procedures to resolve issues. Plans, directs, trains, and supervises voter outreach activities; processing absentee ballots; receives/files nomination papers, candidate statements and initiative petitions; maintains the voter file; advises individuals/groups on procedures for filing initiatives, referendums and recall petitions; and files/audits campaign financial statements. Coordinates the daily operation of the department’s computer systems; supervises data entry of affidavits of registration; maintains election district information; prepares and maintains precinct maps; creating and consolidates precincts, including the operation of customized computer aided drafting applications; supervises election night ballot tabulating. Plans, directs and supervises employees engaged in securing polling places and precinct officers; training precinct officers; orders and delivers precinct supplies and materials; operating collection centers; conducting official canvass of election returns; operates mailing and computerized mail addressing equipment; mails sample ballots and election information to voters; and receives, inventorying and storing election supplies Assists in developing and implementing long- and short-term plans, goals, and objectives for the department; evaluates effectiveness and efficiency of department activities; reviews and revises policies, procedures, plans and programs; and researches, assesses, and makes recommendations regarding strategies to meet current and future election and voter registration needs. Interprets, applies, and ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations; maintains a comprehensive, current knowledge of applicable laws/regulations and pending legislation that may impact department operations; and maintains an awareness of new products, methods, trends and advances in the profession. Assists in developing, implementing, and administering department budget; monitors expenditures for adherence to established budgetary parameters; and prepares and submits financial documentation. Oversees equipment and supplies for the department; determines voting equipment needs for each precinct for elections; monitors the packing and preparation of voting equipment and supplies; reviews and approves supply and equipment requisitions; develops equipment specifications; obtains price quotes from vendors; prepares and updates policies and procedures for equipment storage; and manages the maintenance of all related records. Completes data entry and filing; enters new voter registration information; verifies accuracy and completeness of voter information; conducts research of state records; mails out letters to retrieve missing information and documentation; updates existing records in statewide registration base; files new, updates existing, and pulls deleted cards as appropriate; scans and indexes registration and absentee applications; and files records and correspondence after processing. Oversees the creation of print and online content to publicize and promote department programs, facilities, events, or objectives; researches and verifies information; reviews, approves, or produces newsletters, calendars, brochures, and flyers; monitors, approves, and creates content for social media and department website; and writes or edits official department announcements, emails blasts, press releases, letters, or posts. Directs the design, planning and implementation of training programs aligned with department objectives and strategies; oversees community outreach programs and events; plans, organizes, and oversees special events, facility tours, educational programs; oversees the selection of locations, dates; reviews activities and materials prepared by staff or vendors; recruits and supervises event volunteers; and coordinates set-up, staffing, and implementation of program/event plans. Represents department to media, other departments, municipalities, candidates and state officials; answers questions and provides information; coordinates work activities; reviews status of work; resolves problems; responds to media requests; gives interviews and official comments; and produces short television segments for DeKalb County TV. Salary range: $81,077 – $125,670. Application: For the complete job listing and to apply, click here.

Director of Elections and Voter Registration, Spartanburg County, South Carolina— Performs difficult professional and administrative work directing the registration, voting and election activities for the County. Work is performed under the general supervision of the Board of Voter Registration, Spartanburg Election Commission. Supervision is exercised over subordinate personnel.  Plans, directs, coordinates and supervises the elections process held in Spartanburg County; Plans, directs, coordinates, supervises staff including training and evaluating the work of department personnel, including selection of new employees; Performs related supervisory functions such as authorizing transfers, promotions and terminations; Maintains a pool of 450-600 certified Poll Managers; Maintains access and use of sites in County for voting precincts; Directs necessary maintenance and care of electronic voting machines; Coordinates outreach voter registration; Directs voter registration, changes, deletions, etc. to keep voter rolls accurate; Oversees maintenance of official maps for all precincts and districts; Directs maintenance of street index file including additions, annexations and changes;  Liaises with State Research and Statistical Services on mapping issues; Plans and directs pre-election voter registration drives and activates setup and operation of Geographic Information System when available; and Performs related tasks as required. Salary: $75,000 – $85,000. Application: For the complete job listing and to apply, click here.

Director of Elections/General Registrar, Fairfax City, Virginia— The General Registrar is a department head and manages two full time employees, a team of temporary staff, and 60-100 elections officers.   He/she is responsible for Voter Registration, candidate filing, campaign finance, and Election Management, including security protocols. The Registrar must perform the duties outlined in Virginia Code Sec. 24.2-114 to include timely processing of registration applications and maintaining accurate and current registration records, assuring compliance with all laws and regulations regarding voter registration and especially overseeing the registration process including eligibility determination and denial notification process in accordance with Department of Elections Guidelines.  Elections management duties are carried out at the direction of the Electoral Board and include the maintenance, preparation, testing and deployment of the voting machines. Assuring the availability of the polling places; posting of precinct signs and preparation of election materials for the polling places. Assisting the Electoral Board to insure the uniformity, legality, and accuracy of elections. The General Registrar is required to manage all personnel, fiscal and physical resources as needed to provide all required and desired services of the office. Develop and administer a public information program to encourage registration and voting. Deal with inquiries and complaints from the general public and be a capable public leader. Must have the ability to establish effective working relationships with employees, City officials and the general public. Responsible for officer of elections training and preparation to include duties as a primary trainer of officers of election. The duties listed above are intended only as an illustration of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. Salary: $148,293 – $182,392. Deadline June 30. Application: For the complete job listing and to apply, click here.

Division Director, Illinois State Board of Elections— Subject to Executive Director approval; oversees the administration of human resource programs including, but not limited to, compensation, payroll, benefits, and leave; disciplinary matters; disputes and investigations; performance and talent management; productivity, recognition, and morale; occupational health and safety; and training and development. Serves as the Board’s subject matter expert relating to personnel and human resource matters. Identifies staffing and recruiting needs; develops and executes best practices for hiring and talent management. Conducts research and analysis of Board trends including review of reports and metrics from human resource information systems. Recommends, implements, and ensures compliance with agency policies and procedures including, but not limited to, hiring, disciplinary actions, employee grievances, compensation plan, and employee performance evaluations. Creates and oversees human resource practices, programs, and objectives that provide for an employee-oriented culture that emphasizes collaboration, innovation, creativity, and knowledge transfer within a diverse team. Oversees the day-to-day administrative aspects of the Board’s personnel programs; accuracy of bi-monthly payrolls; benefits; quarterly and annual EEO/AA reporting; and, employee transaction documentation. Facilitates professional development, training, and certification activities for staff; development and maintenance of agency-wide training programs for on-boarding, staff development, and knowledge transfer. Responsible for the administration and oversight over all disciplinary matters; including: investigation of complaints; conducting witness interviews; documentation gathering; drafting and submittal of investigation findings to Executive Staff; advising Division Directors and Executive Staff on disciplinary matters; and, drafting of formal disciplinary reprimands in accordance with policy. Has administrative oversight of the Chief Fiscal Officer regarding budgetary and fiscal matters under the purview of the Division of Administrative Services. Supervises and evaluates subordinate staff; facilitates knowledge transfers and cross trainings; performs other duties as required or assigned which are reasonably within the scope of the duties enumerated above. Salary: $6,023.00 – $12,374.00 Monthly. Application: For the complete job listing and to apply, click here.

Election Director, Ohio Secretary of State’s Office— The Ohio Secretary of State Elections Division is recruiting for a Director of the Elections Division. The Director of the Elections Division (often called the Elections Director) oversees a team responsible for one of the Office’s two main functions: the oversight of local, state, and federal elections. The director serves as the Office’s primary liaison to Ohio’s 88 county boards of elections and, under the general direction of the Chief of Staff, leads the strategic planning and daily management of the division, including the following duties: Supervises division employees, including the enforcement of workplace policies, periodic review of performance, and recommendations for compensation and promotion; Oversees the issuance of advisories and directives that inform boards of changes to state election laws and sets uniform standards and policies by which elections are conducted; Develops and executes a detailed plan to manage the division’s work product in support of all timelines and deadlines associated with the annual elections calendar; Helps to develop and administer the division’s operational budget to ensure adequate levels of statewide support for the Office’s objectives; Provides daily support to boards of elections, including troubleshooting and training, as well as assistance as needed with administrative functions such as voting operations, poll worker recruitment, records processing and retention, post-election auditing, budgeting, legal compliance, and all other expectations established in the Secretary of State’s Election Official Manual; Reviews feedback from the Office’s regional operations teams and provides follow-up and support as needed; Determines the forms of ballots, poll books, voter instruction notices, and other forms relevant to the administration of elections; Oversees the collection, organization and review of statewide initiative and referendum petitions; Coordinates the meetings and direction of the Ohio Board of Voting Machine Examiners and the Ohio Ballot Board; Assists in the development and implementation of election-related public policy; Supports the Office’s legal staff in fulfilling public records requests, addressing litigation, and supporting law enforcement inquiries; Frequently briefs the Secretary of State and Chief of Staff on all relevant developments impacting the administration of elections in Ohio; Advises on vendor and consultant contracts; Assists the Office’s Information Technology team with election data retention and analysis efforts, including maintenance of voter registration records, investigations of fraud and irregularities, and publication of election statistics; Communicates with advocacy groups and election officials seeking guidance on the Office’s directives, advisories, or strategic policy initiatives; Represents the Secretary of State as needed in meetings, hearings, conferences, and other functions related to election administration; Seeks opportunities to strengthen the influence and visibility of the Office with election officials, advocacy groups, and influencers; Assists with the development of the Office’s communication content to intergovernmental contacts and third-party stakeholders; Manages the logistical planning and execution of the Office’s statewide Election Night Reporting operation, which includes the collection, tracking, tabulation, and reporting of election data from boards of elections to an official website for public consumption; Assists the Office’s legal staff in ensuring compliance with applicable rules, disclosures, and filings relating to lobbying and ethics laws; Collaborates with the Office’s External Affairs, Business Services, and Public Integrity divisions to support their respective objectives, including the development of public voter awareness campaigns, informational publications, website content, and other communications content; and Otherwise supports the Secretary of State and the Office of the Secretary of State in complying with all statutory obligations set forth under Ohio Revised Code Section 3501.05, “Election duties of secretary of state.” Salary: $125K-$140K. Application: For the complete job listing and to apply, click here.

Elections Technology, Minnesota Secretary of State–This position will support the Election’s division’s statewide elections administration with a focus on elections equipment and technology. This position will also provide administrative support to the Secretary of State’s constitutional and statutory duties related to elections. Job duties include but are not limited to: Provide direction, guidance, and documentation to local election officials regarding the use of electronic voting systems, electronic rosters, and other elections technology. Assist with the examination, testing of electronic elections systems and equipment.  Track the submission of required documents, certifications, and other legal notices from counties and municipalities. Process public information list requests, including registered voter lists, absentee ballot lists, and map requests. Administer Elections division email inbox and phone hotline and coordinate responses to inquiries. Perform supportive tasks within the Elections Division so that election administration activities are implemented efficiently. Salary: $44,745 – $64,728 / annually. Deadline: July 6. Application: For the complete job listing and to apply, click here.

Elections Training & Administration, Minnesota Secretary of State– This position will support the Elections Division’s statewide elections administration education and training activities. This position will also provide administrative support to the Secretary of State’s constitutional and statutory duties related to elections. Job duties include but are not limited to: Assist with the development, maintenance, and administration of the Election Division’s training programs and resources. Assist with the coordination and administration of the biennial county election administrator training conference. Administer the Elections Division email inbox and phone hotline and coordinate responses to inquiries. Perform supportive tasks within the Elections Division so that election administration activities are implemented efficiently. Salary: $44,745 – $64,728 / annually. Deadline: July 6. Application: For the complete job listing and to apply, click here.

Information Technology Security Analyst, Illinois State Board of Elections — The IT Security Analyst reports directly to the Manager of Cyber Operations and Infrastructure. Supports the administration, implementation, review, and improvement of endpoint, network, hardware, application, and data security practices. Implements, supports and monitors the agency’s information security applications, including email security, web security, endpoint security software, firewalls, intrusion prevention applications, data loss prevention, etc. Monitors system dashboards and logs for threat indicators. Analyzes data and performs necessary incident response procedures. Conducts network, system and application vulnerability assessments. Analyzes agency threat surface and makes recommendations to management to harden agency systems. Evaluates agency processes and implements and/or makes recommendations to enhance security. Reviews information received concerning threat events from end users, supervisory personnel, other federal, state, county and local agencies and governmental entities involved in the exchange of data with the State Board of Elections (SBE), external entities such as the Multi-State Information Sharing and Analysis Center (MS-ISAC), Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC), trusted cybersecurity vendors, law enforcement agencies, and public information sources. Consults with SBE staff on security issues. Provides a high level of customer service to agency staff, state, county, and local election officials. Ensures service desk queues and incidents are handled in an appropriate and timely manner. Salary: $6,264 – $8,917 Monthly. Application: For the complete job listing and to apply, click here.

IT Coordinator, St. Johns County, Florida— The IT Coordinator is a critical role in the organization responsible for overseeing the technology operations of the Supervisor of Elections office operating in a Microsoft Windows environment. This includes managing the IT staff, ensuring the security and integrity of the organization’s data and systems, and identifying and implementing new technologies to improve efficiency and productivity. The IT Coordinator manages core network operations, reports to senior management, and collaborates with other department heads to align Information Technology strategies to maximize organizational operations. Responsible for ensuring the smooth operation of the Supervisor of Elections office and systems while identifying and implementing new technologies to improve efficiency and productivity. Salary: $80,000 – $92,500 a year. Application: For the complete job listing and to apply, click here.

Legal and Electoral Dispute Resolution Expert, The Carter Center— The Democracy Program at The Carter Center works globally to support and strengthen participatory democracy, consistent with human rights. Beginning in 2020, The Carter Center began efforts to support elections in the United States. There are multiple key aspects to this project: establishing nonpartisan observation efforts, bolstering the electoral dispute resolution process, tracking disinformation and dangerous speech, contributing to electoral reform, and promoting a set of candidate principles for trusted elections. The Carter Center’s proposed electoral dispute resolution program aims to bolster public awareness of existing mechanisms to resolve electoral challenges as a means of building confidence in the process and encouraging peaceful acceptance of results. It also seeks to identify and propose meaningful reforms to strengthen those mechanisms and make them more coherent. Ahead of the 2024 election cycle, The Carter Center is proposing a four-pronged program of work that to increase the transparency, accessibility, timeliness and accountability of electoral dispute resolution mechanisms and thereby bolster public trust in the electoral process. The program will seek to both raise awareness of existing mechanisms for electoral dispute resolution and provide recommendations for their improvement. This position will also serve as our legal expert and will work closely with other members of the US Electoral expert team to assess the extent to which the US legislation, state legislation, and their implementation complies with international election standards. The legal analyst is expected to understand the legal framework of elections in the United States, generally, brief staff on election-related legal issues, and meet with relevant stakeholders as requested. Salary: Commensurate with experience Length of Assignment: Through August 31, 2023, with possibility of extension or contract renewal. Application: For the complete job listing and to apply, click here.

Training Program Coordinator, Charleston County, South Carolina— This position is responsible for the recruiting, coordinating, and training of Election Day poll managers on the policies, procedures, and SC State law regarding the administering of fair, honest, and accurate elections within the polling places on Election Day and during early voting. This position will also train all temporary Early Voting staff. This position will be responsible for developing all instruction manuals and materials. This position reports directly to the Deputy Director of Election Operations. Salary: $53,248 – $69,784. Application: For the complete job listing and to apply, click here.

Voter Registration Technician, DeKalb County, Georgia— Completes data entry and filing; enters new voter registration information; verifies accuracy and completeness of voter information; conducts research of state records; mails out letters to retrieve missing information and documentation; updates existing records in statewide registration base; files new, updates existing, and pulls deleted cards as appropriate; scans and indexes registration and absentee applications; and files records and correspondence after processing. Provides customer service; provides voter information and answers questions regarding voter registration policies and procedures; and issues voter identification cards and voter registration certificates. Assists in maintaining County-wide master street files, district lines, and precinct maps; researches boundary and location changes and redistricting; and assists in verifying precinct locations and district numbers. Performs duties related to elections; assists in hiring and managing of temporary employees to work at voting site; conducts site visits to ensure site is prepared for voting; checks voter identification; verifies voter information; assists voters in booth with various questions regarding voting; provides provisional procedures, problem solving skills, and conflict resolution skills; ensures all necessary signs are in appropriate area of the polling site; prints election result and zero tapes for all advanced voting sites; completes Election Recap Sheet; and stores all absentee applications in boxes to send to the warehouse. Supervises summer interns; assigns work tasks; and completes time and work habit evaluation sheet. Attend and participate in mandatory ongoing training, including certifications and annual training. Salary: $37,182 – $59,864. Application: For the complete job listing and to apply, click here.


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