Tag Archives: Oregon

Michigan Reverses Direction
On Mail-In Ballot Oversight

By Jim Ellis

Oct. 20, 2020 — The Michigan Court of Appeals on Friday reversed a lower court ruling that allowed a post-election ballot reception period that would have lasted until Nov. 17, and granted the process known as “ballot harvesting,” where another individual or individuals can deliver unspecified numbers of ballots for voters.

The three-judge high court unanimously overturned a ruling from Court of Claims Judge Cynthia Stephens who made the original directive in deciding an election lawsuit that the Michigan Alliance for Retired Americans, a union-funded organization, brought forth.

When the Michigan attorney general and secretary of state jointly decided not to appeal Judge Stephens’ ruling, the Republican controlled state House and Senate filed the motion and were granted standing. It is unclear now whether the Michigan Alliance will appeal to the state Supreme Court.

According to the Detroit News’s reporting, the original ruling contained the directive that the ballots must be postmarked by Nov. 3. That clerical distinction, however, will be difficult to enforce once we advance into the post-election counting and challenge stage.

The US Postal Service, themselves, according to their employee practices handbook, indicate that many mail pieces do not require postmarks. In most of the 21 states that are now allowing the post-election reception period, the ballots will fall into one of these categories thus making the postmark question moot, and that will invariably lead to further lawsuits and litigation. Below is the official language for the postmark directives:

“Postmarks are not required for mailings bearing a permit, meter, or precanceled stamp for postage, nor to pieces with an indicia applied by various postage evidencing systems.”

The Appellate Court ruling means, at least until if and when the state Supreme Court addresses the issue, that there will be no post-election ballot reception period in Michigan. Ballot harvesting pertaining to individuals who are not immediate family members of the person wanting to vote absentee or is not an election office clerk, will again be prohibited. Therefore, all ballots are required to be in the possession of election authorities throughout Michigan’s counties before the polls close on Election Day, Nov. 3.

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Monitoring Mail-in Vote Turnout

By Jim Ellis

July 7, 2020 — With many states emphasizing mail voting as a way to increase voter participation in the COVID-19 era, has adoption of near universal mail voting in the states that have done so achieved its fundamental purpose, or has it caused more problems than it solved?

Voter turnout is always a definitive factor in determining election outcomes, and the push to change voting procedures has occurred in 31 state primaries. Therefore, the voting system alterations, should they continue into the general election, will most likely have a major impact upon the electoral outcomes.

Most of the states adopting change only expanded their mail absentee ballot procedures for the primaries; therefore, we can expect another round of battles over the general election processes to soon come before legislatures and courts.

Many of the states, Maryland, Georgia, Nevada, Pennsylvania, and New York to name several, had administrative problems with their expanded mail programs including reports of homes receiving multiple ballots because inactive voters were forced to be mailed, some people requesting absentee ballots and not receiving them, and long post-election counting periods because of the large number of mail ballots coming into the county clerk’s offices.

New York, in fact, has still not even completed its unofficial tabulation and the primary was June 23. The Clark County (Nevada) County Clerk said publicly that the directive to mail inactive voters led to chaos in the state primary since so many ballots were being sent to individuals no longer living at the mailed address.

Largely, Democrats and voting rights organizations are attempting to persuade legislatures, governors, and/or the courts to expand the mail absentee ballot voting option to all registered voters both active and inactive, enact same-day voter registration, adopt ballot harvesting, which allows any individual to collect ballots from voters and turn them into county election authorities (this process is only legal in California, to date), and allow ballots to be post-marked on Election Day as opposed to requiring that they be received on voting day. Republicans and conservative organizations typically object to most of these ideas on verification grounds.

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Super June & Oregon Primary Results

By Jim Ellis

May 21, 2020 — With so many early primary states moving their elections to June due to the coronavirus shut down, no less than 24 states will hold their nominating event in the upcoming month, making this the most active primary month during the election cycle.

A dozen of the states are still observing their regular political calendar, but 12 more moved into June from earlier dates. Therefore, the following adjusted calendar has been locked into place:


JUNE 2

Connecticut (presidential only)
Idaho (from May 19; though mail voting began on the original primary day)
Indiana (from May 5)
Iowa
Maryland (from April 28)
Montana
New Mexico
Pennsylvania (from April 28)
Rhode Island (presidential only)
South Dakota
West Virginia (from May 12)


JUNE 9

Georgia (from May 19)
Nevada
North Dakota
South Carolina


JUNE 20

Louisiana (presidential only)


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Mail Voting Polarization

By Jim Ellis

COVID-19 virus

May 4, 2020 — The COVID-19 pandemic has greatly affected everyday life, going even so far as touching American voting procedures. Before the pandemic hit, for example, just four states conducted their elections exclusively through the mail (Oregon, Washington) or predominantly so, meaning having few polling places (California, Colorado).

With so many early primary states postponing their primary elections in conjunction with the disease precautions, we now see either all-mail systems, or including the mail option for all voters, being utilized for upcoming primary elections in 20 additional states, and the list keeps growing.

Predictably, progressive left voter organizations are using the pandemic as a catalyst to push for their long-term election systemic goals. Lawsuits around the country are being filed in such places as Indiana, Pennsylvania, Texas, and several other states, to expand the all-mail option from the primaries into the general election. And, once the all-mail system has been instituted in places around the country, thus establishing it as an electoral fixture, the process becomes much easier to make permanent.

Additionally, we are seeing further lawsuits filed to include automatic voter registration, prohibiting the purging of registration names of people who consistently haven’t voted in multiple elections, and the controversial ballot harvesting idea that allows any voter to collect ballots and deliver them to election authorities.

The Pew Research Center just completed a nationwide survey, testing the population about their attitudes and perceptions of these types of procedural issues. It came as no surprise that the survey results produced rather polarizing responses from the self-identified affiliates of the two major political parties, since virtually every contemporary issue yields deep divides between the partisans.

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COVID & Redistricting

By Jim Ellis

April 29, 2020 — The deadline for the Census Bureau to release the new population data is March 31, 2021, but with the entire process being delayed due to COVID-19 precautions, the ability to meet the requirement is becoming more difficult by the day. Already, the Bureau has been delayed in dispatching their door-to-door teams necessary in obtaining the responses from people who did not return their mail tabulation form.

The Trump Administration is reportedly suggesting that the March 31 deadline be postponed to sometime in the summer of 2021. If this happens, we will see a series of redistricting problems ignited in the states. First, the political leaders in New Jersey and Virginia, places that have 2021 elections and need their new state legislative lines in place well before that date, would find themselves in a difficult position.

Initially, the two states would certainly have to postpone their primary elections because both nominate their general election candidates in June. Beyond that, it is possible they would have to even postpone their general elections into 2020 or run in the obsolete boundaries that were drawn back in 2011. In either case, we could expect lawsuits being launched from whichever party loses a particular electoral contest.

Other states would be affected, too. Many have legal deadlines in place mandating that the new redistricting maps for state legislature and the US House delegation be adopted before the legislative sessions ends. Most states recess before mid-summer, which would mean special sessions being called if the legislature is to act.

The problem intensifies in the states that are either gaining or losing congressional districts in reapportionment. Currently, it appears that seven states will add seats to their delegations (the best projections suggest that Texas will gain three, Florida two, and Arizona, Colorado, Montana, North Carolina, and Oregon one apiece), while 10 will lose single districts (Alabama, California [for the first time in history], Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia).

The aforementioned apportionment is based upon calculations released publicly and not, of course, using the actual numbers. Therefore, we could see some differences between these projections and what the formulas actually produce when the Census Bureau finally can produce the updated real figures.

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