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Election News This Week

DOJ Civil Rights Division Updates: The U.S. Department of Justice recently updated its voting-related website to make it more accessible. The Department updated www.justice.gov/voting, a one-stop resource providing voting and elections information for voters as well as state and local elections officials. Additionally, as part of the update, the Civil Rights Division published two new informational guides on voting rights and updated five other guides. The Department’s longstanding practice is to update resources and provide information in election years on the efforts of the Civil Rights Division, Criminal Division, National Security Division, and U.S. Attorneys’ Offices throughout the country, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation, or criminal activity in the election process, and to ensure that our elections are secure and free from foreign malign influence and interference. Over the coming months additional resources will be published. The new guides issued today include one on Voter Intimidation Under Federal Law, discussing the prohibition on threats, obstruction, or deliberately false information about the time, manner, or place of voting to prevent people from casting their ballots or participating in the electoral process. The Department has prepared a short video explaining how to report such misconduct. The second new guide addresses Voting Protections for Language Minority Citizens under Section 203 of the Voting Rights Act. Section 203 mandates language assistance to enable certain people with limited English proficiency to participate effectively in all phases of the electoral process.  Along with the two new guides, the Department updated five existing guides on the Justice Department website. The Department updated its guide on The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities. This guide describes the legal protections designed to allow equal access to every aspect of elections, including registration and voting, for people with disabilities. The Department also revised its Guidance Under Section 2 of the Voting Rights Act for redistricting and methods of electing government bodies. Another update addressed Federal Law Constraints on Post-Election “Audits.” In addition, the Department updated its Guidance Concerning Federal Statutes Affecting Methods of Voting. Along with these revisions, the Department updated information on how to request Federal Election Monitors in a jurisdiction.

Hand Counts: Voters in three South Dakota counties will decide whether or not the counties should ban the use of vote tabulator machines in future elections. If the measures pass, the auditor’s offices in each county would have to hand-count ballots in the Nov. 5 general election and thereafter. The votes – in Gregory, Haakon and Tripp counties – were forced by citizen-initiated petitions at the county level. Petitioners say they want to ban tabulators because they’re concerned about election security and integrity. According to the South Dakota Searchlight, the auditors in each county are now working to educate their citizens on the election process, including the accuracy and safety of tabulators, and highlighting the potential financial consequences of hand-counting ballots. “More than anything, I want my county to be educated about how our elections run,” said Stacy Pinney, Haakon County auditor. In Haakon County, Pinney plans to hold three town halls ahead of the June 4 primary to answer county residents’ questions. The final town hall will coincide with her statutorily required public test of the tabulator machines. She’ll also present to the local high school’s senior government class about the election process. If the ballot initiative passes, Pinney expects she’ll need 10 extra people to hand-count ballots. That can cost anywhere from $5,000 to $10,000 more, she estimates. Julie Bartling, Gregory County auditor, said if her county’s tabulator ban passes, she’ll have to break up the south-central county’s three precincts into six or 10 precincts to have manageable ballot amounts for hand counters. That will cost the county $5,000 to $8,000 more – assuming she can convince poll workers who’ve already been working 12-hour days to stay longer and hand-count ballots. Tripp County Auditor Barb DeSersa said she’ll have to find another 65 people to hand-count ballots if the measure passes. Haakon County plans to audit more than the state-required 5% of ballots after the primary. Tripp and Gregory counties will each conduct a post-election audit of all cast ballots after the primary.  “I’m anxious for the post-election audit because I want people to know that their automated counting machines are accurate,” Bartling said. “They’re counting correctly and the post-election audit will show that and prove it.”

Cyberattack: Officials confirmed that Coffee County, Georgia was the victim of a cyberattack and the county’s connection to the state voter registration system was cut as a precaution. “We took immediate action weeks ago, before Coffee County would acknowledge the issue, and cut them off from all of our systems immediately” on April 16, said Mike Hassinger, a spokesman for the secretary of state’s office. According to The Atlanta Journal-Constitution, it’s unclear whether the intrusion was a ransomware attack or some other type of intrusion.The Coffee County Board of Commissioners said in a statement that CISA notified it of “unusual cyber-activity” on April 15. “Upon examination, Coffee County’s IT infrastructure showed no evidence of exfiltration of data/files, but did indicate cyber-activity by an unknown malicious actor,” the board said. “Coffee County has informed federal authorities of the incident and is working diligently with these agencies to identify the origin and possible identity of the persons responsible.” Coffee County is where supporters of former President Donald Trump copied Georgia’s statewide voting system software and other confidential data in January 2021.

Voter Education: This week, the New Mexico secretary of state’s office launched a new campaign aimed at combating potential issues from Artificial Intelligence (AI). The “Seeing is No Longer Believing” campaign, designed to help people identify when something is AI-generated. “These images and these voice reproductions and videos can be so realistic, but there are some things that are obvious that we as critical consumers of information can look for,” Secretary of State Maggie Toulouse Oliver said. The campaign is launching with ads focusing on educating voters about how computer-generated AI can manipulate or even create audio, video, and photos that are easy to miss. One example is ‘deep fakes,’ which are faked audio, images, or videos that look like real people and are used to sway voters. The new state campaign tells people what to look out for to identify fake creations and how to combat them. The campaign includes a quiz to see if you can spot AI, a quick guide to spotting AI and a link to trusted sources for voting information. There is also a way to report AI to the secretary’s office.  “We do anticipate and expect A.I. generated content to come up around this and so again we really want to urge voters to just have their critical thinking caps on and think, you know I’m going to double check and see if this is right,” Toulouse Oliver said. The campaign launches ahead of the state of early voting next week. New Mexico’s Primary Election is coming up on June 4.

Sticker News: Sarasota County, Florida Supervisor of Elections Ron Turner has announced the winner of the 2024 “I Voted” sticker. The winning submission was drawn by Carys Smith, a ninth-grade student at Pine View School. The winning submission was one of more than 350 entries received from 14 Sarasota County schools. The design was selected, in part, because of its whimsical depiction of the many elements that make Sarasota County such a unique place to live. It features an alligator in sunglasses in an innertube. The new sticker design will be used exclusively in Sarasota County for the November 5, 2024 General Election. Anyone who votes by mail (absentee), early in-person or on election day will be offered an “I Voted” sticker.

Personnel News: Calabasas, California City Clerk Maricela Hernandez has retired. Chief Deputy Clerk Cedric Giles will serve as the interim Cook County, Illinois clerk. Cook County Commissioner Monica Gordon was selected by Democrats to run in the November general election. St. Joseph County, Michigan Clerk/Register of Deeds Lindsay Oswald has decided to not seek re-election to a third, four-year term. John Adams has been appointed to replace Nancy McKeen on the Erie County, Ohio board of elections. Tracey Boudreau is the new Ypsilanti, Michigan clerk. Sarah Copeland Hanzas has announced her bid for re-election as the Vermont secretary of state.

New Research, Reports, Studies

New Mexico Voting Patterns: The 2022 New Mexico Election Administration, Voter Security and Election Reform Report(NMES) was released this week and provides the public with detailed data about how voters experienced the 2022 General Election. The report “represents a systematic examination of voter attitudes and experiences with the election, concerns about election security, and preferences for election reforms” (p. 10). The 2022 NMES, completed by University of New Mexico (UNM) Professor Emeritus Lonna Atkeson, now director of the LeRoy Collins Institute at Florida State University (FSU), and UNM Political Science Professor Wendy Hansen, with support from the New Mexico Secretary of State’s Office, highlights the changes and advances in election administration using voter registration data, election observations, and surveys of voters. “The New Mexico Election Study has been pivotal in helping New Mexico rank first in the Election Performance Index this year,” said Atkeson. “As our report outlines, New Mexico does elections well.” This is the ninth iteration of the NMES. Begun in 2006 by Professor Atkeson, this effort represents a unique, continuous time series documenting the successes and shortcomings in election administration for each federal election. As stated in the report, “no other state or election jurisdiction has had this kind of sustained and independent scrutiny over multiple elections” (p. 11). Previous reports can be accessed here. “The information and data in these reports is crucial for assessing the public’s views about their voting experiences in New Mexico,” said Secretary of State Maggie Toulouse Oliver. “Though it’s a great achievement that New Mexico’s election administration has been ranked first in the nation, there’s always room for growth. This data assists my office and election administrators throughout New Mexico in understanding voter perspectives, identifying successful practices, and pinpointing areas requiring improvement.”

Legislative Updates

Arkansas: On May 2, a legislative committee  will consider an emergency rule that permits electronic signatures on voter registration applications only when they’re completed at certain state agencies.  If approved, the emergency rule would require paper registration applications to include a “wet signature,” meaning an applicant signs with a pen. The Arkansas Board of Election Commissioners approved the emergency rule April 23. Director Chris Madison said the rule is designed to create consistency because currently, electronic signatures are accepted by some county clerks and rejected by others. “Because we had voters being treated differently depending on what county they were in, we needed to put a stop on everything. That way everybody’s being treated the same,” Madison said.  If approved by the Arkansas Legislative Council’s Executive Subcommittee,  the emergency rule will be effective for 120 days. Madison said the board will soon begin drafting a permanent rule that will be informed by feedback from a 30-day public comment period and a public hearing. Because voter registration is an ongoing process, Madison said it was important to make the change now because it will be easier to correct paperwork for currently affected applicants, instead of waiting for that number to grow. “What we don’t want happening is those voters showing up in November and having problems voting because of the confusion about their application, and that’s why the emergency rule was adopted was basically, hey, let’s just stop,” Madison said. “We’re going to draw a line in the sand, so to speak, and then we can work through the process and do the due process procedures to get a rule in place. That way if I apply in one county or I apply in another county, I’m treated the same.”

California: A bill that would prohibit cities from imposing voter ID requirements is headed to the floor of the state Senate after a committee hearing. Senate Bill 1174, written by state Senator Dave Min, an Irvine Democrat, is a response to a Huntington Beach ballot measure that could require voter ID at its municipal elections. Railing against that measure, Min said his bill would remove any ambiguity that a charter city could impose such a requirement. On the March 5 ballot, the measure passed by 32,892 to 28,701 votes, or 53.4% to 46.6%. California officials sued Huntington Beach last month in Orange County in response. “To me, the principle is simple,” Min told the Senate Local Government Committee. According to Min, if evidence of voter fraud were to exist, officials should take action. However, there is no evidence, and it’s the state’s responsibility — not that of individual cities — to dictate election law. Min said he’s asked Huntington Beach council members for evidence of election fraud and has seen none. Charter cities operate under their own charter and have latitude in conducting municipal affairs, though they must abide by state law. California’s constitution doesn’t define “municipal affairs,” creating ambiguity.

Michigan: The Senate voted this week to tighten the state’s laws around election recounts. Among the changes would be a new requirement that recount petitions be filed with a good faith belief that the number of challenged votes could change the election outcome. Current law allows for recount petitions when a party believes “fraud” or “mistakes” have occurred. The bill would replace those references to fraud and mistakes with ones to “errors.” But supporters argue canvassing boards, which oversee recounts at the state and local level, don’t investigate fraud to begin with. The legislation would also double per-precinct fees that petitioners must pay for a recount. That deposit would be refunded if the petitioner proves there was enough error in an original count to change the election result. Another part of the package would replace parts of current statute that prevent ballots from being recounted in certain cases — like if a seal on a ballot container is broken. The legislation would instead provide a new path for previously excluded ballots to still be counted if they meet other criteria. Package co-sponsor Senator Stephanie Chang (D-Detroit) described the changes as “common sense.” “It’s modernizing our recount law and giving our clerks greater assurance of what to expect, as well as giving petitioners greater ability to actually ensure that the recounts that they’re calling for get to … more accurate results,” Chang said. The bills now head to the Michigan House of Representatives.

Oklahoma: Gov. Kevin Stitt has signed dozens of bills into law including several elections-related bills. Stitt signed Senate Bill 1452 into law. The measure authorizes an exemption from taxable income of $100 for each day an employer provides paid leave to an employee to serve as a poll worker beginning in tax year 2025. “Election officials are grateful to the Legislature and the governor for providing a new tool for recruiting and retaining poll workers, which continues to be a struggle in many counties across the state,” said Oklahoma State Election Board Secretary Paul Ziriax. “Poll workers are the backbone of our democracy. Our hope is this new law will incentivize employers to provide time off for employees to serve as poll workers.” Stitt also signed House Bill 3156 that prohibits the use of ranked choice voting. 

Pennsylvania: The latest push to give counties extra time to “pre-canvass” mail ballots before an election advanced in the state House on Tuesday as election directors anticipate a presidential election with huge numbers of those ballots. The Democrat-controlled chamber voted to gut a bill that had multiple election-related measures in it – like changing the deadline for in-person applications for mail ballots – and make it what Rep. Scott Conklin called “no frills.” The amended bill would simply let counties start pre-canvassing seven days prior to an election, rather than the current setup of waiting until 7 a.m. on Election Day. The vote to amend the bill was 102-98, with all Democrats in favor and all Republicans opposed. The bill could be put to a final vote in the Democrat-controlled House on May 1.. Its future in the Republican-controlled Senate as a standalone measure appears dim. Among other things, the process involves opening envelopes containing mail ballots and tallying the votes reflected on the ballots, but not recording or publishing those votes. Election directors have repeatedly called for more time to do the work, but previous attempts to get a new law through the Legislature have failed. Sen. Joe Pittman, R-Indiana and the Republican majority leader, said bolstering voters’ confidence in elections is a top priority. Hence, he said, “Any discussion of changes to the administration of elections in our commonwealth must also include a Constitutional voter identification requirement.” Gov. Josh Shapiro, a Democrat, has spoken in favor of giving counties more time to carry out pre-canvassing.

Rhode Island: Legislation sponsored by state Rep. Patricia Serpa that would allow unaffiliated voters to stay that way after voting in primaries cleared the R.I. House unanimously last week. Currently, anyone not affiliated with a political party automatically becomes affiliated with a party if they vote in its primary. In order to disaffiliate, they have to fill out a form or update their information online. Serpa’s bill aims to remove that process for unaffiliated voters. Those options would still be available for affiliated voters who want to update their party affiliation. According to the Rhode Island Secretary of State’s website, 47% of Rhode Island voters are unaffiliated, which is more than 338,000 registered voters. This bill has support from Secretary of State Gregg Amore, who wrote testimony in favor of it to the House Committee on State Government & Elections on March 26. “Currently, in order to remain unaffiliated after voting in a primary, voters must remember to fill out a disaffiliation form on their way out of the polling place,” Amore’s letter said. “Unfortunately, many voters forget to complete that step, so when the next primary approaches, they are unaware that they were automatically affiliated with a specific party – potentially disenfranchising them from the process, especially if they would prefer to vote in a different primary.” The next step for this bill is to pass the Rhode Island Senate. A companion bill has been introduced by state Sen. Leonidas Raptakis. “The Senate Judiciary had a hearing on the Senate version of this bill earlier this month, along with other elections bills,” Senate spokesperson Greg Paré told 12 News. “The Senate President looks forward to reviewing the testimony and consulting with the Chairwoman on the issue.”

Legal Updates

Arizona: Yavapai Superior Court John Napper ruled April 25 that unmanned ballot drop boxes are here to stay in a case that could have monumentally shifted how Arizonans vote on the eve of the state primary and general elections. Napper also ruled that election officials can continue using a variety of voter signature samples while verifying signatures on early ballots. His decision comes in response to two suits filed last year by the Arizona Free Enterprise Club against Arizona Secretary of State Adrian Fontes. The conservative grassroots organization has challenged a variety of statewide voting practices in court. Napper filed rulings in both cases at the same time in one minute entry. It alleged unmanned ballot drop boxes were illegal in Arizona because there was no state statute specifically authorizing their use outside of established polling places. In an earlier lawsuit, the group argued that election officials should only compare signed early ballot affidavits against voters’ signatures on their voter registration forms. Historically, election officials have compared signatures on early ballots to those in any election-related document submitted by the voter, including signature rosters and prior signed early ballot affidavits. Napper wrote in his order that the state’s current elections rulebook requires certain safeguards that ensure boxes are appropriately “staffed” even if they aren’t being actively monitored by an election official. “The Legislature has not required that these drop-boxes always be monitored,” Napper wrote. “The decision to use staffed but unmonitored drop-boxes is within the discretion of the Secretary.” Attorney Kory Langhofer, who represented the Arizona Free Enterprise Club in the case, said the suit will be appealed.

Connecticut: The justices of the Connecticut Supreme Court heard oral arguments this week in a case of alleged government inaction in the wake of the Bridgeport ballot scandal. They will ultimately rule on whether an old and obscure law can be used to arrest alleged Bridgeport ballot harvesters Wanda Geter and Eneida Martinez. Fight Voter Fraud Inc., a group that aimed to force the arrest of Bridgeport city worker Wanda Geter and City Councilor Eneida Martinez, ultimately had their case rejected by several lower courts, but they appealed and won, and earned their chance to argue before the state’s seven top judges.“It seems there’s an unwillingness to prosecute,” remarked Atty. Cameron Atkinson, who represented the interests of Fight Voter Fraud Inc., and the three Bridgeport voters who are petitioning a judge to issue an arrest warrant. “The statute of limitations is already running…what are we waiting for?” asked Atkinson. Last month, the State Elections Enforcement Commission sent criminal referrals to the Chief State’s Attorney’s Office relating to Wanda Geter. In June of 2023, they also sent criminal referrals to that office related to similar conduct that dates back to 2019. Those cases are all still pending. Atkinson pleaded his case on why the decades old Connecticut State Statute 9-368 should be enforced. The law effectively says ‘We The People’ can compel a judge to issue an arrest warrant for a violation of election law. The Hon. Andrew McDonald responded with skepticism. He questioned if forcing the arrest of Geter and Martinez would actually be counterproductive to ongoing state investigations. The justices will likely take a few weeks before issuing a written ruling. Fight Voter Fraud said that if they lose, they’ll likely switch their focus from the judicial system to demanding election reform from the legislature.

Kentucky: Franklin Circuit Judge Phillip Shepherd has cleared former Secretary of State Alyson Lundergan Grimes of charges by the state Executive Branch Ethics Commission that she improperly ordered the downloading and distribution of voter registration data from her public office while she was Kentucky’s secretary of state. Grimes, reached Monday night by the Kentucky Lantern, said, “After years of investigation, the Franklin Circuit Court has finally put to rest baseless allegations of ethics violations.” She called the judge’s order “a victory for my staff, my administration and our work.” The commission said it is reviewing the order and would decide whether to appeal. It had said in November 2021 that Grimes must pay $10,000 in fines for two ethical violations pertaining to handling of voter data. Shepherd, in his 33-page order released April 29, agreed with Grimes’ arguments that the commission’s charges were barred by the five-year statute of limitations and that the record did not support a finding of any violations of the state executive branch’s code of ethics. The commission had charged that Grimes violated the ethics code by sharing voter information without requiring an Open Records request or other “established process of government.” Grimes submitted that all the voter data at issue was information in the public domain, that she had full legal authority and discretion as secretary of state to access and share such information. She claimed no statute or regulation was violated by the sharing of such public information.  Shepherd faulted the Ethics Commission for not conducting an evidentiary hearing in the case to hear testimony from witnesses.

Louisiana: A federal court has blocked Louisiana from using the state’s new congressional map for this year’s elections. A group of Black Louisiana voters, who started an earlier phase of this legal fight and are represented by the Legal Defense Fund and other civil rights groups, said in a court filing that they plan to appeal the lower court’s ruling to the U.S. Supreme Court. This legal battle could help determine the balance of power in the next Congress and set up an opportunity for the Supreme Court to revisit the constitutionality of one of the key remaining parts of the embattled Voting Rights Act, which has been weakened by the high court’s conservative majority over the past decade. In a 2-1 decision released on Tuesday, the three-judge court found that the map of voting districts — which Louisiana’s state legislature drew during a January special session with two majority-Black districts to comply with Section 2 of the Voting Rights Act — violates the Constitution, ruling in favor of a group of self-described “non-African American” voters who argued that the state engaged in racial gerrymandering. “The predominant role of race in the State’s decisions is reflected in the statements of legislative decision-makers, the division of cities and parishes along racial lines, the unusual shape of the district, and the evidence that the contours of the district were drawn to absorb sufficient numbers of Black-majority neighborhoods to achieve the goal of a functioning majority-Black district,” wrote U.S. District Judge David Joseph and Judge Robert Summerhays, both appointees of former President Donald Trump, in the majority opinion for the case known as Callais v. Landry.

Montana: Chief District of Montana Judge Brian Morris temporarily enjoined two parts of a bill dealing with extra voter registration requirements that was passed by the legislature last year, which the judge said the state did not plan on currently enforcing but still harmed the two voter groups which challenged the law. Morris issued a preliminary injunction that blocks state officials from enforcing the part of House Bill 892 that implemented law saying a person could not purposefully remain registered to vote in more than one place at a time, and requiring a person to note their prior voter registration on their application to register to vote at their new address in Montana — lest they face criminal penalties. Morris heard arguments on the request for a preliminary injunction on March 20. The Montana Public Interest Research Group and Montana Federation of Public Employees challenged the law in federal court last fall, saying the portion of it that contains the new requirements — Montana Code Annotated § 13-35-210(5) — violate the U.S. Constitution because they are too vague and broad. Another group is challenging the same provisions of HB 892 in state district court and is awaiting a judge’s decision in Gallatin County. Morris sided with the plaintiffs on nearly every argument. “The court determines that HB 892 has frustrated the purpose of both MontPIRG and MFPE to the extent that HB 892’s multiple registration prohibition and prior registration disclosure requirement perceptibly impair plaintiff’s ability to navigate and advise on the Montana voter registration process,” Morris wrote in finding the organizations had standing in the case. Morris shot down the argument about changing election laws too close to an election by saying courts have upheld changes within 33 days of an election before, and noting the primary election was 47 days from when the injunction hearing occurred and 196 days from the General Election. Morris also took into account Ravalli County Clerk and Recorder Regina Plettenberg’s testimony in the Gallatin County case, in which she said the Secretary of State’s Office had advised elections administrators that HB 892 would leave election administrators’ practices unchanged. “The court determines that limited injunctive relief likely will not significantly impact election procedures in Montana that appear to be unchanged by HB 892,” Morris wrote.

Pennsylvania: The American Civil Liberties union has filed a lawsuit in Butler County Common Pleas Court against the Bureau of Elections because two provisional ballots were thrown out. Plaintiffs in the lawsuit are Faith Genser of Zelienople and Frank Matis, of Center Township, who both submitted provisional ballots for the May primary elections after their mail-in ballots were rejected. Their mail-in ballots were not secured in secrecy envelopes, so provisional ballots were cast to compensate for their errors. However, the ACLU’s legal team said Butler County did not accept their provisional ballots. “Butler County has advised other voters who made errors on their mail ballots that they can remedy those errors, and one of those remedies is to vote a provisional ballot,” said Marian Schneider, senior policy counsel. “There should be no different treatment because these voters forgot their secrecy envelopes.” She said the ACLU won a similar case in Delaware County last year. “The ACLU believes the provisional ballots should be counted. They were otherwise valid. These are two eligible registered voters in Butler County, and they should not be denied their right to vote,” Schneider said.

The U.S. 3rd Circuit Court of Appeals has declined a request by voting rights groups to reconsider the decision to uphold Pennsylvania’s requirement for voters to write the date on mail-in ballots. A panel of the 3rd Circuit ruled in March that Act 77, which gave voters the option of casting ballots by mail without an excuse, does not violate a federal prohibition on disenfranchising voters over inconsequential paperwork errors. The American Civil Liberties Union of Pennsylvania petitioned the court to reargue the case before a larger panel of judges. In a three-page order on Tuesday, Circuit Judge Thomas L. Ambro said a majority of the 14-judge court had voted against rehearing the case. ACLU-PA spokesperson Ian Pajer-Rogers said Tuesday the organizations, which include the Pennsylvania State Conference of NAACP Branches, the League of Women Voters, and Make the Road Pennsylvania, are reviewing their options.

Tennessee: Two  Knoxvillians revived a lawsuit challenging two sections of state voter law, including one that now requires signs to be posted at polling places telling voters they need to be “bona fide” party members. The lawsuit was originally filed in 2023 and was dismissed in March 2024 after a Nashville judge ruled in favor of Tennessee Secretary of State Tre Hargett. The judge dismissed the lawsuit due to a lack of standing, which meant the plaintiffs were unable to show they were directly hurt by the law. Victor Ashe, a longtime Republican and the former mayor of Knoxville, and Phil Lawson, a longtime Democrat and businessman, originally filed the lawsuit in 2023. They were joined the League of Women Voters of Tennessee in hopes the laws would be declared unconstitutional and for a judge to say the laws violated their First Amendment rights. On May 1, Ashe and Lawson revived the lawsuit and filed a revised version that included two new plaintiffs they believe will resolve the issue of standing. The revised lawsuit names Phillip Lawson, a Knox County real estate developer and Democrat who has served on several local nonprofit boards, and Gabe Hart, a Madison County educator and op-ed writer for the Tennessee Lookout who publicly documented being challenged and intimidated for voting in a Republican primary in Tennessee as a progressive. The lawsuit challenges two portions of state voting law. One section has not been enforced and requires voters to declare party affiliation or show “bona fides” to vote in a primary election. Another section was recently added to state law that requires signs to be posted at all polling places to warn voters they could be prosecuted for not showing their “bona fide” party affiliation.

Texas: Prosecutors asked the state’s highest criminal appeals court to reverse a ruling that overturned a Fort Worth woman’s voter fraud conviction and five-year prison term for casting an illegal provisional ballot. Last month, Crystal Mason’s illegal voting conviction was overturned by the Second Court of Appeals. Now the Tarrant County District Attorney’s Office is asking the Texas Court of Criminal Appeals to reverse that ruling. Mason was convicted in 2018 of illegal voting in district court. Prosecutors maintained that Mason read and signed an affidavit accompanying the provisional ballot affirming that she had “fully completed” her sentence if convicted of a felony. But the Second Court of Appeals ruled that even if she read the words on the affidavit, she may not have known that being on probation for a previous felony conviction left her ineligible to vote in 2016. Tommy Buser-Clancy, an attorney at the American Civil Liberties Union of Texas, which has been one of Mason’s representatives in the case, said in a statement that the request for further review of Mason’s case was “disappointing,” but they were “confident that justice will ultimately prevail.”

Opinions This Week

National Opinions: Ranked choice voting, II | Poll workers | Covering elections | Election security 

Alabama: Legislation 

California: Shasta County | Recounts

Connecticut: Election workers  

Florida: Manatee County 

Idaho: Election infrastructure 

Louisiana: Ranked choice voting 

Michigan: Ranked choice voting 

Oklahoma: Ex-felon voting rights 

Pennsylvania: Voter confidence 

South Dakota: Ranked choice voting 

Vermont: Guns at polling places

Upcoming Events

Focus on the Voters: It’s full steam ahead to 2024’s general election. What are lawmakers and election administrators thinking about now to prepare? Find out in this four-part series, hosted  by the National Conference of State Legislatures in partnership with the U.S. Election Assistance Commission. We’ll focus on the elections workforce; counting and recounts and more post-voting work; the voters’ perspectives and voter confidence.  Who are the most important people in an election? The voters. In the third installment of NCSL’s four-part webinar series on election administration, U.S. Election Assistance Commissioner Tom Hicks will address questions voters often ask and how states “get out the information” to voters. He’ll cover how states ensure the right to vote for people with disabilities and citizens living abroad (military and otherwise). When: May 10, 2pm Eastern. Where: Online. 

ESRA 2024 Conference: The 8th Annual Summer Conference on Election Science, Reform, and Administration (ESRA) will be held in person from May 16-17, 2024 at the University of Southern California in Los Angeles, California. Call for Proposals The 2024 conference Call for Proposals is now open through February 16! Learn more about this year’s conference and submit your proposal here. Registration: Registration to attend the 2024 conference has not yet opened. To hear the news first when it does, please sign up to join our mailing list. When: May 16-17. Where: Los Angeles

A Promise Unfulfilled: The Future of the Right to Vote:  USC Gould School of Law Dean and ACS Board of Directors Member Franita Tolson will be the featured speaker at the Kiplinger Lecture on Saturday, May 18, 3:30-4:30 p.m. ET at the Cedar Lane Unitarian Universalist Congregation in Bethesda, Maryland. Tolson will deliver the lecture “A Promise Unfulfilled: The Future of the Right to Vote,” followed by a moderated discussion with ACS President Russ Feingold. Tolson will explore protections in the Voting Rights Acts of 1965 and the 14th and 15th Amendments to the Constitution. She will also comment on recent federal and state laws and judicial decisions that affect voting rights. When: May 18, 3:30pm Eastern. Where: Online

Preparing for the 2024 Elections: The hotly contested 2024 elections are a mere six months away with election administrators under the microscope more than ever. In this intense environment, what can and should local election officials be doing now to prepare for the fall elections? Join the Humphrey School of Public Affairs for the third annual Certificate in Election Administration (CEA) conference as featured experts explore available resources, innovative vote centers, and other practical steps election officials can take to ensure a safe, accessible, and secure election this fall. When: May 20, 10am-12:30pm Central. Where: Online. 

Voter Confidence: What Can Move the Needle: It’s full steam ahead to 2024’s general election. What are lawmakers and election administrators thinking about now to prepare? Find out in this four-part series, hosted  by the National Conference of State Legislatures in partnership with the U.S. Election Assistance Commission. We’ll focus on the elections workforce; counting and recounts and more post-voting work; the voters’ perspectives and voter confidence.  Voter confidence is top of mind for elections stakeholders this cycle. In the final part of NCSL’s spring webinar series, U.S. Election Assistance Commissioner Christy McCormick will delve into state policies that can increase voter confidence. Perfecting processes and procedures comes first: clarifying all policies before the first vote is cast; cleaning voter lists; adopting strong chain-of-custody procedures for ballots and equipment; updating emergency plans; using pre- and post-election audits; and more. The next job is to ensure all that good technical work is transparent and communicated well to voters and the public. When: June 14, 2pm Eastern. 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 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.

Assistant Election Supervisor, Bartow County, Georgia– Reporting to the Elections Supervisor, this position is responsible for supervising voter registration activities as well as assisting in the coordination of federal, state, county, and municipal elections within Bartow County. Major duties: Registers voters and researches and resolves unusual and/or complicated registration issues. Maintains correct street, precinct and district information for the county; audits streets to ensure proper districting. Processes and certifies absentee ballots. Researches and determines the result of provisional ballots to make recommendations to the Board. Researches and interprets national, state and local laws as well as the rules of the State Election Board and the opinions of the Attorney General. Supervises employees by assigning registration tasks, answering questions, and coordinating schedules. Drafts and maintains written procedures for voter registration. Conducts press interviews, prepares press releases and maintains social media accounts as necessary. Troubleshoots voting issues on Election Day and during the early voting process. Compiles legally-required paperwork and supplies for Election Day and early voting. Assists in tabulating and canvassing election results. Designs and presents poll worker training. Conducts voter education and voter registration drives. Attends intergovernmental meetings with city, other county, and state agencies. Maintains office supply inventory; reorders as needed. Performs the duties of the Election Supervisor in his or her absence. Serves as Chief Deputy Registrar for the Board. Performs related duties. Salary: $51,771 to $63,107/Annually DOE/DOQ. Application: For the complete job listing and to apply, click here. 

Cybersecurity Junior Analyst, Palm Beach County, Florida– The Cybersecurity Junior Analyst is responsible for monitoring the organization’s log aggregation tools and triage suspicious activity or detection alerts generated by the security controls implemented within the Supervisor of Elections Office network environment. Additionally, this position will serve as the first line of defense and response for identified security events in accordance with the Information Security Policy, and cybersecurity procedures. Candidate must be organized and personable with a great attitude, be able to work well in a team environment, calmly respond to identified security incidents, and meet deadlines under pressure. Excellent work ethic, including consistent performance, integrity, reliability, and attendance, is a must. Candidate must be detail-oriented and understand the importance of security and safety for all. Must be available 24/7 365, be able to handle simultaneous projects, be a self-starter, and remain informed on emerging threats and technologies. Application: For the complete job listing and to apply, click here. 

Deputy Director, Davie County, North Carolina – Performs clerical functions, voter registration procedures, and other election-related tasks in the daily operations of the Davie County Board of Elections, as may be assigned by the Director or Chair/members of the Board of Elections. Reports to the Elections Director and the Chair and members of the Davie County Board of Elections. Regular, predictable, full attendance is an essential function of the job. Essential Job Functions: Perform multiple functions simultaneously. Independently implement instructions delegated by the Elections Director. Perform day-to-day operations, including data entry and maintenance of voter files. Exercise considerable tact and courtesy in the course of the extensive public contact of this office and the dissemination of information to news media, political parties, candidates, and the general public. Remain politically impartial, following the statewide regulations on political activities for county board of elections employees. Other duties as assigned. Salary: Minimum hiring rate $39,000. Application: For the complete job listing and to apply, click here. 

Election Protection Hotline Specialist, Lawyers’ Committee for Civil Rights Under Law– Are you passionate about safeguarding democratic processes? Join us as an Election Protection Hotline Specialist! This pivotal role involves collaborating with hundreds of legal volunteers to address voter concerns reported to the 866-OUR-VOTE hotline. As part of our dynamic hotline infrastructure team, you’ll be at the forefront of managing day-to-day operations. Expect a fast-paced environment, multitasking, and a commitment to early mornings, evenings, and weekends. Embrace the opportunity to learn and employ cutting-edge technology. Responsibilities of the Election Protection Hotline Specialist include but are not limited to: Support the Election Protection contact center, ensuring top-notch assistance to voters using the 866-OUR-VOTE hotline. Organize schedules and workflows for numerous legal volunteers, ensuring exceptional assistance and collecting essential data. Craft volunteer communications such as newsletters and emails, and promptly respond to volunteer inquiries. Maintain proper staffing levels based on anticipated call volumes and direct volunteers to necessary resources. Aid volunteers with technical queries related to Twilio, Rocket Chat, Okta, and troubleshoot connectivity and login issues. Collaborate on updating voting rights reference materials and conduct volunteer training. Conduct research to enhance resources addressing caller questions and update volunteer references.Monitor interactions in the Election Protection database to ensure information accuracy and identify trends. Create daily reports summarizing call data to inform Election Protection coalition activities.Identify and engage volunteers for leadership roles and assist in post-election analysis. Application: For the complete job listing and to apply, click here. 

Elections and Democracy Fellow, Center for Democracy & Technology– The Elections and Democracy Fellow will contribute to the organization’s work across these issues, particularly focusing on threats to the online information environment. The position requires a combination of research and advocacy skills to respond to emerging issues. Responsibilities: Conducting research on key issues impacting the information environment around elections, in order to raise awareness about vulnerabilities, highlight best practices, and develop/disseminate recommendations for generative AI companies, social media platforms, election officials, political campaigns, and other actors. Authoring policy papers, reports, blog posts, and similar materials. Engaging directly with technology companies to develop best practices and policy recommendations. Serving as a resource to federal and state governments and political campaigns as they enact new policies and practices on the use of generative AI in political advertising and campaigning. Coordinating advocacy efforts with other civil society organizations that have a shared interest in elections and democracy and the online information environment. Assisting with tracking and analyzing federal and state proposals to regulate generative AI and other elections-related legislation. Convening and engaging with technical experts, election vendors, election officials, voting and democracy advocates, academics and other stakeholders working on issues within the project’s scope. Supporting research, preparation, and operationalization of trainings for election officials and other stakeholders. Collaborating with CDT’s teams focused on free expression/online platform governance; technology & disability rights; AI governance, and consumer privacy; as well as CDT’s Research team and non-resident Research Fellows. Salary $65K-$105K. Application: For the complete job listing and to apply, click here. 

Elections Technology Specialist, McLennan County, Texas– Under supervision of the Elections Administrator, the Elections Technology Specialist performs complex and technical duties related to activities in overseeing the County’s voting equipment by creating each election’s ballot using ballot origination software, programing and testing the County’s voting equipment with each elections ballot, processing and scanning returned mail-in ballots with the Ballot Board, and maintaining the County’s voting equipment after each election. Salary: $19.92 – $31.72 Hourly. Deadline: June 20. Application: For the complete job listing and to apply, click here. 

Field Operations Coordinator, Hays County, Texas– Reporting directly to Election Network Engineer, responsible for overseeing the inventory, distribution, maintenance, warehouse storage, and logistics of all equipment, voting ballots, and department assets for Hays County Elections Department. Responsible for identifying and reserving polling sites including overseeing the coordination of all polling site compliance and usage. Ensures polling locations follow the Texas Election Code for early voting and election day. Oversees the day-to-day tasks of the election technicians’ program. Salary: $46,378 – $50,678. Annually Application: For the complete job listing and to apply, click here. 

GIS Specialist, Palm Beach County, Florida– The GIS Specialist position requires technical level aptitude involving geospatial data management, analysis, and cartography using Geographic Information Systems (GIS). The position is responsible for the successful creation, maintenance and update of complex database information and support of GIS projects and initiatives. Perform GIS data development activities, including developing and updating GIS databases from hard copy maps, site plans, existing electronic data sets, and GPS (Global Positioning System). Identifies and accounts for differences in map projections and overlay of information from different sources. Duties include establishing, implementing and maintaining standards and procedures for database management, development and documentation. Develops map layouts, web accessible maps and logistics maps. Maintain data synchronization between GIS and Voter Registration System.  Must have proficient computer skills, knowledge of relational databases, ability to handle simultaneous multiple projects and be a self-starter. Application: For the complete job listing and to apply, click here. 

Information Technology Security Analyst, Illinois State Board of Elections– The Information Technology 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 services and applications, including email and web gateways, endpoint security, network firewalls, intrusion prevention systems, SIEM, data loss prevention, multi-factor authentication, CASB, EDR, threat intelligence resources, etc. Monitors system dashboards and logs for threat indicators. Analyzes data and performs necessary incident response procedures. Assists with the continuous improvement of SOAR capabilities. Conducts network, system, and application vulnerability assessments. Implements and documents compliance to NIST CSF and the Center for Internet Security (CIS) Controls frameworks. Analyzes agency threat landscape. Utilizes CIS benchmark configurations and work with agency stakeholders to help drive system and application hardening efforts. Evaluates agency processes and implements and/or makes recommendations to enhance security and reduce risk.  Reviews and responds to information received concerning threat events from end users, federal, state, county and local agencies as well as external entities such as the Multi-State Information Sharing and Analysis Center (MS-ISAC), Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC), trusted security 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. Service desk ticket resolutions are thoroughly documented and knowledge base articles are maintained. Develops, maintains, monitors and supports the agency’s security awareness program including training modules, assessments, phishing and remedial training. Continuously reviews emerging information received from federal, state, county, local agencies, and trusted cybersecurity vendors to ensure awareness content aligns with agency needs. Continues education by attending training sessions, seminars, and conferences to increase familiarity with and maintain current knowledge of security products, vendors, techniques, and procedures. Research security enhancements and make recommendations to management. Participates in cybersecurity-focused organizations.  Monitors on-line information security related websites, blogs, articles, reports as well as other security intelligence sources to keep up-to-date on the latest threats, IOCs and trends.  Performs other duties as required or assigned which are reasonably within the scope of the duties enumerated above. Provides off-hours support as required. Salary: $5,417. – $10,713.  Deadline: May 31. Application: For the complete job listing and to apply, click here. 

Operations Associate, NASED– A part-time (approximately 20 hours per week), fully remote, Operations Associate for a small nonpartisan, nonprofit membership association. Reporting to the Executive Director, this new role will support all the organization’s operational needs. The responsibilities of this position will include, but are not limited to, the following: Help update and maintain website content; Help maintain NASED’s social media presence, including developing content and creating basic graphics; Work with NASED’s controller on monthly financial reports and with the auditor and accountant on annual reports and filings; Monitor and assist with responses to inquiries sent to NASED’s shared inboxes; Maintain organization distribution lists; Assist with scheduling Board and Committee meetings; Assist with conference planning, including developing the conference website via the conference management platform, creating and proofing materials, planning activities, and budgeting; Support the execution of two national conferences per year; Create and send annual invoices to organization members and Corporate Affiliate members; and Other duties and special projects as assigned. This position is part-time and fully remote, but the candidate must live in the United States. Travel to support NASED’s Winter and Summer conferences is required (approximately 10 days per year). This position reports to NASED’s Executive Director. This role does not supervise any staff. Application: For the complete job listing and to apply, click here. 

Outreach and Engagement Specialist, CEIR (Texas)– CEIR is seeking a professional and dynamic Outreach and Engagement Specialist to join our team. The ideal candidate will be responsible for building and maintaining relationships with election officials, legal professionals, and other community stakeholders, coordinating outreach initiatives, and driving engagement strategies across Texas. This position requires frequent in-state travel and occasional out-of-state travel. Key Responsibilities: Develop and implement outreach and engagement strategies to increase awareness of CEIR’s programs and services, with a special focus on EOLDN. Build and maintain relationships with community organizations, local leaders, the legal community, and other stakeholders to foster collaboration and support. Plan and execute outreach events, workshops, and presentations to engage with election officials and the pro bono legal community. Create compelling outreach materials, including one-page overviews, presentations, and digital content. Monitor and evaluate outreach efforts to measure effectiveness and identify areas for improvement. Collaborate with internal teams to align outreach activities with organizational goals and objectives. Represent CEIR at community events, conferences, and meetings to promote its mission and initiatives. Salary Range: $65,000-85,000. Deadline: May 15. Application: For the complete job listing and to apply, click here.

Physical Security Specialist, Palm Beach County, Florida– This position is responsible for administration of the physical security programs in a manner consistent with Supervisor of Elections Office policies, procedures, quality standards, and applicable local, state, and federal regulations. These programs include conducting facility security risk assessments, assisting with access control, monitoring alarms and CCTV systems, and providing security related training. Must be organized and personable with a great attitude, be able to work well in a team environment, and meet deadlines under pressure. Excellent work ethic, including consistent performance, integrity, reliability, and attendance, is a must. Candidate must be detail-oriented and understand the importance of security and safety for all. Must be available 24/7 365, be able to handle simultaneous projects, and be a self-starter. Application: For the complete job listing and to apply, click here. 

Registrar of Voters, San Bernardino County, California– The county of San Bernardino is seeking a visionary new registrar of voters to oversee the critical activities of the Registrar’s office with a large scope of oversight including 50+ members and an annual budget of $20M+. The Registrar of Voters will foster an environment that promotes civic participation and ensures transparent and fair elections. They will design and implement voter education programs tailored to the needs of County residents. This position requires a deep understanding of the County’s diverse demographics, its unique challenges, and the ability to implement strategies that promote voter engagement, education, and participation. The Registrar will oversee voter registration efforts, ensuring that registration processes are accessible, efficient, and in compliance with state and federal regulations. They will work closely with local community organizations, schools, and governmental entities to create outreach initiatives and workshops to increase countywide engagement. Engaging with the community is at the heart of this role. Building and maintaining strong relationships with various stakeholders, including community leaders, advocacy groups, and residents, is paramount. Organizing town hall meetings, forums, and public discussions will be essential to address concerns, gather feedback, and disseminate essential information related to voting procedures, ballot measures, and electoral reforms. By actively listening to the community’s needs and concerns, they will play a pivotal role in shaping policies and initiatives that resonate with the diverse population of San Bernardino County. This position offers a unique opportunity for development and growth within the realm of civic engagement and electoral processes. As the landscape of voting rights, technologies, and methodologies continues to evolve, staying abreast of emerging trends, best practices, and legislative changes is essential. Participating in training programs, conferences, and workshops will enhance the knowledge base, skill set, and capacity to navigate the complexities associated with administering elections in the County. Salary: $153,504-$218,004. Application: For the complete job listing and to apply, click here. 

Rules and Hearings Coordinator, Oregon Secretary of State– We have one full-time Limited Duration opportunity in the Elections Division at the Secretary of State located in Salem expected to continue through June 30, 2025. At this time, the position is Limited Duration through June 30, 2025, and the agency is planning to request for continued funding into future biennia.  If future funding is secured, the appointment may become permanent. In this role, you will work with program experts to write and update administrative rules and manage external stakeholder engagement processes throughout implementation of campaign finance limits. You will also oversee contested case hearings for the Division. This is accomplished in part by, but not limited to: Working with program experts to write and update administrative rules to implement campaign finance limits. Managing external stakeholder engagement processes throughout implementation phases of campaign finance limits. Collaborating with Division subject matter experts by providing guidance on writing administrative rules. Overseeing the Division’s lay representative and contested case hearings programs. Assisting division leadership and making recommendations on strategic goals, initiatives and short- and long-term objectives related to campaign finance. Salary:  $6,016 – $ 9,243/per month Non-PERS Rate; $6,377 – $9,800/per month PERS Rate. Deadline: May 19. Application: For the complete job listing and to apply, click here. 

Senior Counsel, Voting Rights Program, The Brennan Center– The Brennan Center’s Voting Rights Program seeks a talented attorney to join our team working to build a robust, participatory, and inclusive democracy. Reporting to the Director of the Voting Rights Program, the attorney’s focus will be to combat voter suppression and advance pro-voter reforms at the state and federal levels. Our Voting Rights Program advocates for free, fair, and accessible elections, with special focus on the ways systemic barriers impede electoral participation by communities of color. The past ten years have seen a renewed brazen and widespread assault on the right to vote. Elected officials at the highest levels have deployed disinformation and misinformation to scapegoat communities trying to assert their rightful place in the electorate. And the Capitol attack made plain that some are even prepared to reject the use of elections as the arena to contest political differences. We meet these challenges, and others, head on. We do so with partners ranging from community-based organizations to election administrators to pro bono counsel. The Brennan Center’s methods include legal and empirical research and writing, litigation, legislative and policy advocacy, media and communications, and public education. Salary:  $145,100 – $185,800. Application: For the complete job listing and to apply, click here. 

Senior Director, Election Law Program, William & Mary–The Election Law Program (ELP), a joint initiative of the William and Mary Law School and the National Center for State Courts, has a mission to provide resources for judges deciding election disputes. This vacancy is for an experienced attorney to serve in the role of Senior Director of the Election Law Program. The Senior Director will be an attorney with experience in election law. Reporting to the ELP Co-Directors, the portfolio of responsibilities will include, but not be limited to: Developing resources for judges deciding election cases; Supporting projects that enhance understanding of federal and state election laws and the role of courts in resolving election disputes; Sharing research findings and legal resources through a variety of mechanisms such as publications and educational programs (e.g., webinars, presentations, and conferences); Overseeing ELP project implementation; Identifying and capturing trends in election litigation; Engaging in collaborative projects with trusted partners; Supervising student research; and Participating in fundraising efforts to support existing and future ELP initiatives as required. NOTE: If interested, an opportunity for appointment as an adjunct professor to teach a relevant course within the field of election law is available. Salary: $110,000 to $125,000, commensurate with experience. Application: For the complete job listing and to apply, click here.

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