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August 31, 2023

August 31, 2023

In Focus This Week

Elections officials gather in Orlando
National Association of Election Officials holds 38th Annual Conference

By M. Mindy Moretti
electionline.org

This week, more than 400 state and local elections officials were joined by other elections-adjacent attendees for the National Association of Election Officials’ (The Election Center) 38th Annual Conference in Orlando, Florida.

Also joining the conference was Hurricane Idalia.

“Election administrators are planners—they plan for optimal circumstances, and then Plan B, Plan C, Plan D, etc. until they hit the plan that can be executed. Florida Supervisors of Elections are accustomed to planning for hurricanes, but it wasn’t something we planned for during my days in Maricopa, nor Joe’s days in Clark,” said Tammy Patrick, CEO of Programs for The Election Center. “So when Idalia decided to attend the National Association of Election Officials’ 38th Annual Conference this week, we tried to do what election officials do best: pivot, adapt, adopt, and make due.”

As the first Annual Conference under new leadership at The Election Center, this one marked a change in format. Day one of the conference was dedicated to updates from the executive team and the four standing committees. Additionally, rather than have a few speakers in plenary sessions, attendees heard from representatives of every one of the 30 breakout sessions held on Tuesday. The “speed-dating” approach provided all attendees exposure to content that they physically could participate in given the simultaneous tracts of programming.

“The conference proved to be a treasure trove of informative sessions, covering various crucial topics about the election process and valuable resources. The sessions undoubtedly deepened my understanding of this complex landscape, equipping us with renewed confidence to propel our mission forward,” said Allen Blackwell, program director of National Voter Registration Day. “I am thrilled that my session was very well received, with an impressive turnout. Engaging with enthusiastic attendees who embody the spirit of civic participation was an absolute joy.”

In addition to the plenary sessions and workshops, there were 44 vendors in the exhibit hall, the Stanford University D. School presented a poster exhibit in the main conference lobby and there was an open-space, academic postering session that covered everything from vote centers to an analysis of ballot tracking to state of local election administration in 2022 to research on what elections-related information voters look for.

“The conference was so enriching. Between meeting new people, the workshops, the location, and the hurricane I found this one of the best weeks and conferences that I have attended,” said Stephan Wenholz, elections manager for Mesa County, Colorado and part of the 2023 CERA graduation class. “It was a hurricane of emotions for myself. I love conferences because it energized me; renews my passion. I find more passions to seek out. I meet amazing people and organizations.  This program is so much more.  We are friends and in some cases like family.”

CERA Graduation
In addition to plenary sessions and workshops, the Annual Conference also featured this year’s CERA graduation. There were 94 graduates in this year’s class including 91 CERA graduates and 3 CERV graduates. Additionally, there were 142 attendees taking renewal courses for recertification.

While all the graduates are notable, two in particular stood out. U.S. Election Assistance Commissioners Tom Hicks and Ben Hovland both completed their CERA certification this year. Hicks and Hovland are the first EAC commissioners to complete their CERA certification.

Additionally, Taylor Brown, general counsel for the Kentucky State Board of Elections became the first person in the commonwealth to receive their CERA certification.

“I have meet so many wonderful, professional election administrators over the last year that have given me so many wonderful ideas that we are now starting to implement in Kentucky, that it is not just me that has benefitted from the CERA program, but the entirety of the state that will benefit, as I now leverage the many great relationships I have made through the courses I have participated in and bring all of the wonderful ideas I have gathered back to the state so that we can do our part to keep American democracy strong in times that continue to make that effort harder and harder,” Brown said during his graduation speech.

Awards and Honors

Orange County, Florida Supervisor of Elections Bill Cowles.

The Election Center Board of Directors bestows the Hall of Fame designation to outstanding individuals in the profession. Any member of the National Association of Election Officials may nominate another member for this distinction. The Board of Directors also bestows the Lifetime Achievement Award to recipients for service to the profession and to the Election Center. This honor entitles recipients to free membership in perpetuity and registration and classes at member costs.

This year’s Hall of Fame winners were: Jennifer Morrell, chief executive and co-founder of The Elections Group, Weber County, Utah Clerk Auditor Ricky Hatch, Marion County, Florida Supervisor of Elections Wesley Wilcox and Leon County, Florida Supervisor of Elections Mark Earley. In a fun twist, Wilcox and Earley, who have been friends and colleagues for more than two decades nominated each other without the other knowing.

Orange County, Florida Supervisor of Elections Bill Cowles was a double winner this year, taking home the Hall of Fame award and the Lifetime Achievement Award. His county also played host to this year’s conference. During his acceptance for the Hall of Fame, Cowles made sure to call out the hard work and dedication of his team in Orange County noting that over these years, as a team, they developed the highly successful Adopt-A-Precinct program and designed in-house software and hardware for their own electronic poll books. “Their determination to provide the very best Election experience for our voters has been outstanding,” Cowles said.

During his Lifetime Achievement recognition, Cowles, who has chosen not to seek re-election after 34 years in election administration, reflected on all the changes that have occurred during his tenure.

“As I reflect on my 34 years in election administration, I’m reminded of how far we have come, where we are today and wonder what elections will look like in the future. The Presidential Election of 2000 was my first General Election, after being elected in 1996. Luckily we had optical scan ballots and not punch cards. We survived! Moving forward we got HAVA, EAC, accessible voting; vote-by-mail ballots, early voting and cybersecurity,” Cowles noted in his speech. “While I’m not seeking re-election in 2024, I can truly say that I am proud to be an American and proud to be an election administrator!”

Additionally, there were 12 Professional Practice Program winners. We’ll be highlighting those in individual electionline Weeklies in the coming months, but here is a list:

  • Beacon Award: Strengthening Election Judge Training: Adult Learning Principles in Action — St. Louis County, Missouri
  • Democracy Award: Zelle Yeah! Electronic Pay for Election Workers — Broward County, Florida
  • Eagles Award: RFID Technology in Elections: Innovating Chain-of-Custody Processes — Douglas County, Kansas
  • Freedom Award: Polls, Peace, and Pups: Mental Health and Wellness in an Election Environment — City of Henderson, Nevada
  • Freedom Award: Enhanced County Employee Election Worker Program — Los Angeles County, California
  • Freedom Award: Washington Election Communicators Group — King County, Washington
  • Guardian Award: Meaningful Observation Initiative — Lane County, Oregon
  • Independence Award: Election Worker Sensitivity Training — Martin County, Florida
  • Independence Award: Improving Accessibility for Voters — Dubuque County, Iowa
  • Minuteman Award: Election Night Return Process — Athens-Clarke County, Georgia
  • Stars & Stripes Award: Midterms Matter: Increasing Access to Voting Through Art & Design —Ann Arbor, Michigan
  • Stars & Stripes Award: Stronger Together: Snohomish County Elections & League of Women Voters – Partners in Outreach and Education — Snohomish County, Washington

See you all in Detroit, August 24-28, 2024 for the 29th Annual National Conference!

 

 

 

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Election News This Week

Special Election: Warren County, Iowa held a special election this week for the chief elections official. In June, David Whipple was appointed auditor in Warren County. Shortly after his appointment, comments he made on social media questioning the legitimacy of the 2020 election came to light. The controversial social media posts were brought to light by Kedron Bardwell, a political science professor at Simpson College. By law, county Democrats had two weeks to gather enough signatures to force a special election. Circulators gathered enough signatures and the petition was approved. The special election was held this week between Whipple and Democrat Kim Sheets who already worked in the office as a deputy auditor. In advance of the Tuesday election, Whipple spoke with the BBC about the Facebook posts. He got carried away, he says, and now thinks some of the things he posted were “ridiculous”. He says he has no doubt that Joe Biden is the legitimate president of the United States. “It was a very emotional time for a lot of people in the world,” he says. “It’s unfortunate that a lot of these things ended up being so much misinformation.” Unofficial results show Sheets won the election with 5,051 votes while Whipple, had 2,538 votes.

Election Office Updates: The Yavapai County, Arizona elections office is undergoing renovations. The deteriorated condition of the Jefferson County, Arkansas Election Commission office on Main Street is putting at risk close to a million dollars in voting equipment but also putting people’s lives at risk, commission officials say. The Placer County, California Clerk-Recorder-Elections Office has expanded into a new facility. The Shasta County, California Clerk’s Office has separated the duties of the office with the elections office remaining where it is, but marriage licenses, passports, legal documents and voter registration moving to a new location. A new county building in Edwards will provide Eagle County, Colorado Clerk and Recorder Regina O’Brien something she needs: A modern, secure election center. Fulton County, Georgia has unveiled a new elections hub. The Bryan County, Georgia elections office has moved to a temporary home. San Miguel County, Nevada is getting a new storage facility for the county’s voting machines. Work is progressing on a new Cleveland County, North Carolina board of elections office. The Pasquotank County, North Carolina Board of Elections is asking the county commission for more office space. The Madison County, Ohio Board of Elections is moving to a new office with more space. The cost to stop the deterioration of the roof on the Trumbull County, Ohio Board of Elections building is expected to be $84,786 more than originally projected because the damage is more extensive than first thought. The Pittsburg County, Oklahoma election board is on the move. The Adams County, Pennsylvania Elections and Voter Registration Office has left the county courthouse for a new spot in the same building with the county’s department of emergency services. The Charleston County, South Carolina Board of Elections has moved into new headquarters. The Washington County, Tennessee elections office has moved into a new location. The Bedford County, Virginia Registrar’s Office has moved to a new location. County commissioners in Thurston County, Washington are considering building a new election center to provide a more secure location for the county to conduct elections-related business.

Stamp of Approval: The U.S. Postal Service is honoring the legacy of U.S. Rep. John Lewis (D-Georgia) in the form of a Forever Stamp, which was unveiled in Nashville at the American Baptist College, where Lewis went to school in 1957. “It’s historically powerful that on this spot, this place, the unveiling of a stamp honoring John Lewis would take place where he got his humble beginnings as a public servant,” Dr. Forest E. Harris Sr., president of the American Baptist College, said. Before he spent decades in Congress, Lewis was originally introduced to the Civil Rights Movement and the principles of nonviolent protest in Nashville.  The stamp is now available in USPS retail outlets and online. A dedication ceremony stamp was also held in late July at Morehouse College. “Look carefully at how the shadow falls on the right side of his face, illuminating the left side, in a way that seems to take the viewer from darkness into the light. A fitting tribute to a man who sought to awaken the conscience of a country,” said Ronald A. Stroman, a member of the U.S. Postal Service Board of Governors and dedicating official for the stamp. “The Postal Service is proud to celebrate Lewis — a national treasure — and to honor his legacy with the tribute of this Forever stamp that is as beautiful visually as was the spirit of the man whose image it bears.”

Personnel News: General Robert “Abe” Abrams, US Army, Retired has joined the Democracy Live team as an advisor and subject matter expert in the needs of military voters and their families. Assistant Director of Elections & Registration in Porter County, Indiana Becky Rauch has resigned. Shuwaski Young, the Democratic nominee for Mississippi secretary of state has withdrawn his candidacy. William “Bill” Duffey Jr. is stepping down from the Georgia State Board of Elections. Kristen Nixon will be the new Chowan County, North Carolina board of elections director. Dennis Stanley is retiring after 14 year as the DeKalb County, Tennessee elections administrator. Harris County, Texas Clerk Teneshia Hudspeth and Tax Assessor-Collector Ann Harris Bennett both said that they will not be hiring Elections Administrator Cliff Tatum when the elections duties from the election administrator’s office are officially absorbed by the two offices on Sept. 1. Kimberly Sheets is the new Warren County, Iowa auditor following a special election. Nikki Charlson has resigned from the Maryland State Board of Elections. Estkarlen Magdong was recently named Unalaska, Alaska’ new city clerk. Melissa Blazier is the new Collier County, Florida supervisor of elections. Jim Riley has been sworn in as the new Gillespie County, Texas elections administrator. And lastly, today marks the last day on the job for long-time Maryland Elections Administrator Linda Lamone.

In Memoriam: Myrna Jean Rodenberger, Larimer County’s former county clerk, treasurer and its longest-tenured employee, died Saturday at Torrington (Wyoming) Community Hospital. She was 84. Rodenberger was 75 when she retired in 2014 after a 58-year career with the county, a record that may never be broken. She first joined the county veteran services office in 1956. She worked in extension and the school superintendent’s offices before landing with the clerk and recorder’s office. In time, she became responsible for running the county elections department. In 1983, the county clerk who was term-limited encouraged Rodenberger to run for the office, which she did in 1986, winning the seat, which she occupied until term limits forced her out in 2002. After that, she ran for treasurer. In office, she insisted on providing first-rate customer service. All calls to her office were to be answered by a person rather than voicemail. “”That’s customer service,” she said in the 2014 interview. “If someone wants to call me, it’s because they have a problem or a question. The last thing they need is to talk to a machine.”

Legislative Updates

Louisiana: After three years and several legislative attempts in Louisiana to kick private money out of elections offices, the state will become the first in the nation to vote on the matter directly. In the Oct. 14 election, Louisianans will see a proposed constitutional amendment, placed on the ballot by the GOP-controlled legislature, that would ban private or foreign money from being used for the purpose of conducting elections. This proposed ban, Amendment 1, would if passed make Louisiana the 26th state to adopt such restrictions, all directly inspired by what conservatives have demonized as “Zuckerbucks” spent on elections during the onset of the pandemic. The billionaire’s donations have drawn particular ire from conservatives convinced that CTCL boosted Democratic get-out-the-vote efforts, and the partisan outrage is clearly reflected in state policies: 23 of the 25 states that already adopted such restrictions voted for former President Donald Trump in 2020 or have Republican legislative trifectas, or both.

Michigan: House Bill 4534 would require the Michigan Department of Corrections to provide both identification and information about voter registration to people who have been convicted of felonies upon their release from prison. An estimated 6,500 people incarcerated in Michigan’s prison system are expected to be released this year, according to the Department of Corrections, and 95% of them will be released on parole. The system has a total of 32,816 people currently imprisoned.  If passed by the state Legislature, the bill will help newly released people join 8 million other Michigan residents who regularly vote by equipping them with identification and preparing them to make decisions at the ballot box that could impact their lives.

Voters of at least three cities in Michigan—East Lansing, Kalamazoo, and Royal Oak—will decide on ranked choice voting initiatives on Nov. 7, 2023. The initiatives would provide that RCV would go into effect when state law is changed to allow local governments to enact RCV. As of 2023, state law prevents localities from using RCV in Michigan.

New York: Chautauqua County legislators are asking Governor Kathy Hochul to veto a bill that would move some elections to even numbered years. The State Legislature passed the bill, saying the move was made to increase voter participation. Elected officials in the middle of a term would be allowed to finish out their time in office, and those elected in an odd-numbered year after 2025 would have their term reduced so the office will be up for election again in the following even-year election. The mandate would not apply to city elections, nor for specific elected offices protected in the state Constitution to be held in odd-numbered years, including county clerk, sheriff, district attorneys, local judges and others. County Legislator Marty Proctor supported a motion asking Hochul to veto the bill, saying he feels the bill would “diminish the importance of our local elections,” “Our towns, our villages, our county.. in lumping them in with federal and state it would diminish the issues that face many of our residents.” Legislator Terry Niebel, who also is a former County Board of Elections Commissioner, said the policy would cost counties money, “For example, by combining local elections with state and federal elections you’re going to have more absentee applications to process, you’re going to have more absentee ballots to send out, all of this will result in increased personnel costs.”

North Carolina: Gov. Roy Cooper vetoed a sweeping Republican elections bill that would end a grace period for voting by mail and make new allowances for partisan poll observers. In a video message, the Democratic governor accused legislative Republicans of using their slim veto-proof majorities to execute “an all-out assault on the right to vote,” which he said has nothing to do with election security and everything to do with their party keeping and gaining power. The bill would make voting more difficult for young and nonwhite voters who are more likely to vote absentee and less likely to elect Republicans, he said. “They’re making it harder for you to vote, hoping that you won’t bother,” he said, urging North Carolinians to contact their representatives and demand they uphold his veto. Cooper, who is term-limited and cannot run for reelection in 2024, had successfully blocked several components of the elections bill during past sessions. But Republicans now hold a narrow three-fifths supermajority needed to override his vetoes.

North Dakota: A group of residents filed a petition with the Secretary of State’s office for a proposed constitutional measure that would overhaul the state’s electoral process if approved by voters. Among the most notable proposed changes are the removal of voting machines in favor of paper ballots that must be hand-counted, and the restriction of mail-in voting by requiring all mail-in ballots be received by 8 p.m. on the day before the election. All potential initiatives must be reviewed by the secretary of state, and must have at least 25 electors serving as sponsors. The sponsoring committee for the electoral process measure listed by the Secretary of State’s office numbers 79. The initiative’s chair, Lydia Gessele, said the proposed ballot measure is a route to ensure election integrity in the state. She cited the state’s past usage of paper ballots as an approach to return to, and named the elimination of voting machines as her top priority.

Pennsylvania: A state Senate committee took the first step this week toward making Pennsylvania’s presidential primary election earlier in the year. The Senate State Government Committee sent a bill sponsored by Sen. David Argall, R-Schuylkill, that would set the election for March 19 – more than a month earlier than the current date – to the full Senate for consideration.  “As the fifth-largest state in the country, we should have a stronger role in this election. In most Presidential elections, the outcome is largely decided before our voters have a chance to cast their vote,” Argall said. House State Government Committee Chairperson Scott Conklin, D-Centre, said he would consider the Senate bill and a House bill sponsored by Rep. Malcolm Kenyatta, D-Philadelphia, that would set the primary for April 2. Election watchdogs say that whichever date is ultimately selected, the legislative process must be completed soon.  “It’s imperative that we consider the effect on county election offices,” Committee of 70 chief policy officer Pat Christmas told the Capital-Star. “I think the county election officials have been very clear that they need to be done as soon as possible.”

Utah: Rep. Kera Birkeland (R-Morgan) told KSL NewsRadio she plans to reintroduce the legislation she ran late in the last legislative session that would require voters to check a box on the state’s elections website, or when they register, specifically choosing to have their by-mail ballot sent. “This is a way to, number one, clean up the voter rolls,” Birkeland said. “Number two, (it) get(s) people to actively participate in selecting that ballot that way, and number three, if you want to show up to vote, we want you there, and you don’t have to get that ballot in the mail.” Critics argue an opt-in requirement to vote by mail would make voting harder. They say it would require an extra step for voters to participate.  Right now, county clerks mail ballots automatically to any active registered voter. An active registered voter is someone who’s participated in the last two election cycles.

Wyoming: State Sen. Cale Case (R-Lander) believes that making voter intimidation in Wyoming a low-level misdemeanor crime will allow county attorneys around the state to feel more comfortable charging people with it.  “Sometimes when (the penalties for) crimes are overly high, prosecutors will not even begin to go down that because it doesn’t really fit what they think the crime is,” Case said.  Case, who co-chairs the Wyoming Legislature’s Joint Corporations, Elections and Political Subdivisions Committee, proposed adding a misdemeanor charge for elector intimidation to give prosecutors more flexibility. Voter intimidation is now solely a felony charge in Wyoming, carrying up to five years in prison and up to a $10,000 fine for those found guilty of it. The standard maximum penalty associated with a misdemeanor charge in Wyoming is up to six months in jail and an up to a $750 fine. Wyoming is the only state in the Rocky Mountain region that charges voter intimidation as a felony-level crime.

Legislators are considering a draft bill that would require 30 days of residency within the state before a voter may cast a ballot. Most public commenters said this would help ensure the security of Wyoming’s elections. Wyoming Secretary of State Chuck Gray suggested the Joint Corporations, Elections and Political Subdivisions Committee draft legislation to create a 30-day durational residency requirement for Wyoming voters. The draft bill, prepared by Legislative Service Office staff, laid out provisions requiring voters to have 30 days of bona fide residency in Wyoming before an election to be able to cast a ballot. Brief conversation included whether “bona fide” provided enough clarity for the statute; the term requires the intention to make Wyoming one’s state of residence.

Gov. Mark Gordon let a crossover-voting ban go into effect without his signature earlier this year because he was worried the bill’s ambiguity could deny participation to eligible voters. An agreement to work on clarifying the bill before the 2024 election dissuaded Gordon from a veto, but lawmakers have yet to settle on a solution.  Instead, they opted to delay a decision after the secretary of state questioned whether a legislative fix was necessary.

Legal Updates

Alabama: Rep. David Cole (R-Hunstville) was arrested on charges of voting in an unauthorized location, according to Madison County Jail records. The details of the charge were not immediately available in court records, but the arrest comes after accusations that Cole did not live in the district in which he was elected.  Cole, a doctor and Army veteran, was elected to the House of Representatives last year. Voter fraud is a Class C felony punishable by up to 10 years in prison. The Alabama attorney general’s office is prosecuting the case against Cole, a spokeswoman confirmed. Court records were not immediately available to show if Cole has an attorney to speak on his behalf. His attorney in the election challenge is not representing him in the criminal case. Cole was released on bond, according to jail records.

Arizona: The Arizona Supreme Court rejected a request to order a recount of all mail-in ballots cast by Maricopa County voters in November’s general election. The court’s order came one week after David Mast, a Kari Lake supporter in Maricopa County, and Cochise County Supervisor Tom Crosby, who refused to certify his county’s election results last year, filed their request for a special action. But their argument that Maricopa County used improper methods to verify voter signatures on their mail-in ballot envelopes fell flat with the high court. Justice Kathryn King wrote there was no “compelling reason” for why the duo’s request should start with the Supreme Court, indicating they should take their grievance to a lower court. She pointed to the ruling in a separate case — Kari Lake’s election challenge — in which the judge found “clear and convincing evidence” that the Nov. 8 election was conducted lawfully. That case revolved around the proper verification of voter signatures. If the two want to again challenge last year’s election, King wrote, they should start in a lower court.

The Arizona Supreme Court has declined to expedite former candidate for attorney general Abe Hamadeh’s appeal of his loss to Democrat Kris Mayes in November and ordered Hamadeh to pay some of his opponents’ legal costs in the case. The court ordered Hamadeh to cover some of Mayes’ and Secretary of State Adrian Fontes’ legal fees related to the Supreme Court action because of delays and misrepresenting information to the court about prior judgments in the case.  The Supreme Court cited a state law that allows for fees to be awarded when an attorney or party “unreasonably expands or delays the proceeding.”  The court awarded attorney’s fees because Hamadeh’s team was “not only aware that they needed a final judgment to seek appellate relief but also misrepresented to this Court that they had sought such relief when they had not done so, and because this representation was the underlying premise upon which this petition was brought.”

Former gubernatorial candidate Kari Lake wants to review the signatures of about 1.3 million Maricopa County residents who voted early last year, and a judge has granted her a two-day trial to make her case to do so. The trial in September may sort out whether the signatures on the green affidavit envelopes voters use to return their early ballots are a public record, as Lake argues, or not subject to public review, as argued by the county. Maricopa County Superior Court Judge John Hannah set the trial for Sept. 21 and 25.

U.S. District Judge Dominic W. Lanza sentenced Mark Rissi, 65, of Cedar Rapids, Iowa to two-and-a-half years in prison and three years of probation after Rissi pleaded guilty to two counts of making interstate threats. Lanza called the threats an “extremely serious offense,” and said these kinds of threats reverberate through the election system as a whole. “Those dissatisfied with election results cannot threaten public officials and election officials,” Lanza said. “This is an unambiguous and uncrossable line, and there need to be serious consequences.” A few days after the release of the results of the partisan “audit” of the county’s 2020 election, in September 2021, Rissi called Hickman’s office phone and accused him of lying about the fairness of the election, told him he was going to die, and said “we’re going to hang you.”

California: The California Supreme Court found that a state appeals court erred when it ruled against Latino voters in the city of Santa Monica in their voting rights fight against the city. Associate Supreme Court Justice Kelli Evans wrote the opinion remanding the case to the appeals court, finding it had not applied the correct legal standard when it found the plaintiffs didn’t satisfy dilution elements in bringing the case. “To prevail on a [California Voting Rights Act] claim, a plaintiff who has established the existence of racially polarized voting in an at-large system need not prove that the protected class would constitute a majority — or, as the city proposes, a near majority — of a hypothetical single-member district,” Evans wrote in the 38-page opinion. In April 2016, plaintiffs Pico Neighborhood Association and Maria Loya, a Latina registered voter, filed an action against the city of Santa Monica that claimed that the city’s at-large method of electing its city council unlawfully impaired the ability of Latino voters to elect their preferred candidates or influence the outcome of council elections. According to the plaintiffs, the at-large system violated the California Voting Rights Act as well as the equal protection clause of the California Constitution. Since at-large voting was introduced 60 years ago, only one Latino had been elected to the city council.

Georgia: False accusations of voter fraud smeared an Atlanta-area auditor who was shown in the conspiracy movie “2000 Mules” when he legally delivered five absentee ballots for his family, his lawyers said in federal court last week. The lawsuit by Mark Andrews says “2000 Mules” damaged his reputation and intimidated him by using a clip from surveillance video as the narrator says: “What you are seeing is a crime. These are fraudulent votes.” A state investigation found that Andrews followed Georgia law when he delivered ballots for his three adult children, his wife and himself. State law allows voters, family members or caregivers of disabled voters to drop off ballots. U.S. District Judge Steven Grimberg questioned why it was permissible for the movie to publicly accuse Andrews of breaking the law. “Mr. Andrews was just voting. He’s not a candidate. He’s not a celebrity,” Grimberg said. “… The narrator didn’t say, ‘I think this is a crime.’ The narrator said, ‘What you’re watching is a crime.’ ”

U.S. District Court Judge Beryl Howell has found Rudy Giuliani is liable for defaming two Georgia election workers by repeatedly claiming the women were manipulating 2020 ballots. Howell issued a “default judgment” against Giuliani, writing in an opinion  that he “has refused to comply with his discovery obligations and thwarted plaintiffs Ruby Freeman and Wandrea [‘Shaye’] Moss’s procedural rights to obtain any meaningful discovery in this case.” The decision means Giuliani is liable for “defamation, intentional infliction of emotional distress, civil conspiracy and punitive damage claims,” and a trial will be held to decide how much he may need to pay Freeman and Moss.

Iowa: Iowa Attorney General Brenna Bird is appealing a judge’s decision that cleared the way for election officials to offer non-English voting materials to the public. “We are appealing the district court’s decision against the Secretary of State’s Office to protect election integrity and defend state law,” Bird said Wednesday in a written statement. “The Iowa English Language Reaffirmation Act is clear: All official documents are to be written in English — including voter registration forms. We look forward to arguing our case in court to uphold the act and secure the integrity of our elections.” Under the district court’s June 29 ruling, Iowa counties are allowed, at their discretion, to provide citizens with non-English ballots, voter-registration forms and absentee ballot applications. The decision dissolved a 15-year-old injunction that had previously blocked the practice. The court’s ruling grew out of a lawsuit filed on behalf of the League of United Latin American Citizens of Iowa. The lawsuit challenged the state’s application of the English Language Reaffirmation Act to election materials. Signed into law by Gov. Tom Vilsack in 2002, the act requires that all political documents from the state “shall be in the English language” unless the materials are deemed “​​necessary to secure the rights guaranteed by the Constitution.” LULAC argued, and a district court judge agreed, that voting is a constitutional right.

Michigan: Oakland County Circuit Judge Jeffery S. Matis will consider a request to move the case against attorneys Stefanie Lambert Junttila and Matt DePerno and former state rep. Daire Rendon (R-Lake City) to Antrim County in two weeks, following a hearing on the motion Wednesday afternoon.  Lambert Junttila, who was the last person charged in Special Prosecutor DJ Hilson’s investigation into potential tampering with voting equipment following the 2020 presidential election that former President Donald Trump lost to President Joe Biden, requested to move the trial to Antrim County in northern Michigan. Hilson submitted a brief in opposition to the change of venue on Aug. 10, arguing that Lambert Junttila “wholly failed to articulate why Antrim County would be the proper venue.” In the document Hilson also argued Oakland County Circuit Court was the proper venue for trial “because the crimes were committed in Oakland County.” The prosecutor alleged that Lambert Junttila and DePerno, the former 2022 Republican attorney general nominee, were “frequently” present in various hotel rooms and residences across Oakland County where information technology experts met to perform “testing” and/or experiments on the voting tabulators.

Mississippi: Mississippi Attorney General Lynn Fitch is appealing a 5th Circuit Court decision that ruled a state law barring those convicted of certain felonies from voting for life as unconstitutional.  Approximately 30,000 formerly incarcerated residents were estimated to have their voting rights restored following the August 4 ruling. Mississippians convicted of any one of 22 felonies are prohibited from voting, even after completing their sentences and any parole or probationary periods. That places the state’s rate of residents barred from voting at more than three times the national average.  But only weeks after the three judge panel of the Court ruled the law — section 241 of Mississippi’s post-reconstruction, 1890 constitution — was cruel and unusual punishment and in violation of the Eighth Amendment, lawyers representing the state said the change would “inflict profound damage and widespread confusion.”

Nebraska: Larry L. Divis of Columbus was found guilty of one count of election falsification, a Class IV felony. According to state prosecutors, Divis registered for and voted in an election in Richland, a village in Colfax County, in the 2020 general election, despite already being registered to vote in Platte County. Prosecutors with the Nebraska Attorney General’s Office said at trial that Divis voted in the Richland election because he was angry at the five members of the Richland Village Board. Defense attorney Jerod Trouba told jurors that Divis was not guilty of the charge because he was actually living at the Richland address at the time he registered to vote in Colfax County. Jurors, however, were not swayed by that argument, taking less than an hour to convict him.

Ohio: Former attorney  James Saunders, 56, will spend the next three years behind bars for voter fraud. Saunders was also sentenced to a $10,000 fine. Saunders was found guilty of two counts of election fraud for voting twice in Ohio and Florida for the 2020 and 2022 general elections. The indictment found that in 2020, he voted in person in both states. In 2022, he voted in person in Ohio and by mail in Florida. “One person one vote is the foundation of our democracy,” Prosecutor Michael C. O’Malley said in a release. “James Saunders is a licensed attorney and he intentionally violated those rights when he voted multiple times in multiple elections. He clearly knew better but violated the law anyway. I think the message is clear – do not commit election fraud in Cuyahoga County.”

West Virginia: Jon Cooper entered a guilty plea to voting twice in the 2020 general election, once in West Virginia and once in New Mexico. The case was handled by Randolph County Prosecuting Attorney Michael Parker. The investigation was conducted by Investigator Elise Guice of the Attorney General’s Office at the direction of the Secretary of State’s Investigation Division Director Kimberly Mason. Randolph County Circuit Court Judge David Wilmoth denied Cooper’s request for deferred adjudication and ordered him to pay a $500 fine.  In 2022, the misdemeanor punishment for illegal voting was changed to a felony crime, but the penalty was still a misdemeanor at the time of Cooper’s illegal voting activity. No word on how Cooper actually voted.

Opinions This Week

National Opinions: Ranked choice voting | Democracy heroes | Election denialism | Motor Voter | Federal resources

Alaska: Anchorage elections

Arizona: Election integrity

Connecticut: Ranked choice voting

Florida: Youth vote

Georgia: Election security

Idaho: Ranked choice voting

Iowa: Warren County

Maine: Poll workers

New Jersey: Same day registration

North Carolina: Election legislation, II | Election litigation

Pennsylvania: Voting settlement | Transparency

Texas: Harris County | Ex-felon voting rights | Off-cycle local elections

Wisconsin: Election deniers

Upcoming Events

National Voter Registration Day: National Voter Registration Day is a nonpartisan civic holiday celebrating our democracy. It has quickly gained momentum since it was first observed in 2012, with more than 5 million voters registered to vote on the holiday to date. Celebrated every September, National Voter Registration Day involves volunteers and organizations from all over the country hitting the streets in a single day of coordinated field, technology, and media efforts. The holiday is endorsed by the National Association of Secretaries of State (NASS), the National Association of State Election Directors (NASED), the U.S. Election Assistance Commission (EAC), and the National Association of Election Officials (The Election Center). When: September 19.

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.

Absentee Coordinator, City of Alexandria, Virginia— The Absentee Coordinator’s primary purpose is to plan, coordinate, and administer the absentee by-mail program/service area to support the strategic direction of the department by connecting community participants to election services. An employee in this position is responsible for the management of all aspects of processing mail/email absentee applications and ballot issuance in accordance with strict deadlines established by federal and state election laws as well as oversee the Central Absentee Precinct. This employee will lead a team to perform the administrative duties related to absentee by-mail voting. Work requires that all materials meet the guidelines of election law and department standards. Salary: $50,587.94 – $89,022.44. Deadline: Sept. 4. 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.

Campaign Finance & Investigations Specialist, Oregon Secretary of State’s Office— In this role, you will help the public comply with Oregon campaign finance laws and rules. You will also help investigate possible violations of Oregon election laws and rules. This is accomplished in part by, but not limited to: Teaching filers how to submit filings on ORESTAR (Oregon Elections System for Tracking And Reporting); Explaining election laws and rules to the public and to filers; Reviewing filings for legal sufficiency; Conducting investigations into possible election law violations; Making recommendations about the outcome of investigations; Issuing civil penalties for non-compliance; and Answering the public’s questions about registering to vote and voting. Salary: $4,437 – $6,800. Deadline: Sept. 5. Application: For the complete job listing and to apply, click here.

Certification Manager, Hart InterCivic— Hart InterCivic is looking for a Certification Manager to join our team in Austin, Texas. The Certification Manager’s responsibilities include planning and managing federal and state certification activities, ongoing compliance activities, and leadership of the Certification Team. The Certification Manager will report to the VP of Product Management and will work closely with key internal and external stakeholders and cross-functional input providers including Sales, Product Management, Finance, Operations and Engineering. The ideal candidate will be a master communicator, will have the ability to move seamlessly from big picture to detailed planning activities and will have experience working with state and local government elections processes, high-level project management skills, and the ability to manage priorities to ensure adherence to externally driven deadlines. 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.

Election Professional, The Elections Group— The Elections Group is growing its team of election professionals. You will work in support of state and local election officials as they enhance or implement new programs and adapt procedures as necessary in a dynamic operating environment. Our team works quickly to assess needs and provide guidance, resources and support in all areas of election administration, including security, audits, communications and election operations. This is an opportunity to be a part of a collaborative and professional group who are passionate about elections and serving the people who run them.  Our employment model includes remote work with some travel required and competitive compensation. We will be hiring full-time, part-time and contract positions over the next several months. Applications will be reviewed on a rolling basis. Application: For the complete job listing and to apply, click here.

Help Desk Technician 7-9, Michigan Dept. of State — This departmental technician primarily serves as a help desk customer service representative, providing procedural information about campaign finance, disclosure, notarial acts and election law to candidates, committees, election administrators, notary providers and to the general public. This incumbent will be responsible for tier 1 support and triage for inbound calls and communication to the Bureau of Elections to either resolve or route to the appropriate advanced level support. The incumbent provides additional support for bureau wide project activities and initiatives. Incumbent coordinates the staff that provides coverage for the Bureau of Elections front desk that support in person appointments or customer questions. Salary: $43,804.80 – $60,153.60. Deadline: Sept. 5. 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.

IT Specialist, Wake County, North Carolina— Do you have a impressive IT background and a desire to be a part of the elections process? If so, get ready to roll up your sleeves and become a part of something bigger! The Wake County Board of Elections is seeking an innovative and self-motivated Information Technology Specialist to manage the certification and testing of election ballots and voting equipment. This position requires an employee who is well-rounded in various IT fields to include knowledge of hardware and software, database development and data analysis. The Information Technology Specialist will develop, manage and implement IT solutions for conducting elections while ensuring the security and integrity of certified election equipment including tabulators, voter assistance terminals, laptops, and elections software. Salary: $55,534 – $74,968. Deadline: Sept. 4. Application: For the complete job listing and to apply, click here.

Network Manager, Rhode Island Secretary of State’s Office— The Network Manager will manage, maintain, document, and operate the Department of State’s (Department) network. Additionally, the Network Manager will configure, update, secure, and install network equipment with the Department’s infrastructure as well as work with other members of the eGov and IT Division to ensure secure reliable service to staff and the public. The Network Manager performs various duties including, but not limited to: Install, secure, maintain, troubleshoot, and repair LAN and WAN network hardware, software, systems, and cabling; Work with Department staff to assist them in understanding and utilizing network services and resources; Build and maintain network log infrastructure and support critical response initiatives; Manage, monitor, document, and expand the network infrastructure; Resolve desktop and networking problems; Assist staff with maintaining voice, data, and wireless communications; Develop and implement policies related to secure hardware and software; Optimize and maintain network security through the proper design, implementation and maintenance of network devices, appliances, and other systems; Plan and implement new network installations and upgrades; Maintain an orderly networking office and equipment storage area; Participate in Disaster Recovery and Business Continuity planning, drill, and implementation activities; and Perform other duties as required. Salary: $73,416 – $83,126. Application: For the complete job listing and to apply, click here.

NextVote Project Manager, Hart InterCivic– Project Managers at Hart InterCivic are highly motivated “self-starters” who are enthusiastic about providing exceptional customer service. Working with other members of the Professional Services, the Customer Support Center team, Product Management and the Engineering teams, the Project Manager directs activity, solves problems, and develops lasting and strong relationships with our customers. Hart InterCivic’s unique and industry known culture of innovation, transparency, and customer-centric focus creates an environment where team members will continually grow and be challenged to develop their careers. Responsibilities: Acquire an expert level of knowledge of Hart products. Develop project plans and applicable subordinate plans, including identification of risks and contingency plans. Identify and schedule project deliverables, milestones, and required tasks. Coordinate and conduct requirements-gathering for functional elements of voter registration products. Develop election-based training schedules for voter registration customers that guide them through first election activities. Assess customer needs throughout the project and manage those needs, expectations and relationships. Direct and coordinate activities to ensure project progresses on schedule. Provide technical advice and resolve problems. Create a strong customer relationship that encourages questions and participation. Coordinate customer-level data migration activities (milestones) for voter registration products. Application: For the complete job listing and to apply, click here.

Operations Manager, Santa Fe County, New Mexico— Under the general direction of the Department Director or elected official, establishes, implements, and oversees sound financial management, accounting, budgeting, staffing, procurement, and monitoring of internal control systems and processes for a department.  Oversees multiple program support functions within the Department.  This position will also manage the customer service and front window functions of the Clerk’s office. Essential Job Functions: Collaborates with Finance Department to establish the departmental budget request and submittal; executes, analyzes, forecasts, and manages budget in compliance with County policy. Oversees the development, tracking, and processing of all Department contracts, Requests for Proposal (RFP), Personnel Actions (PA), and payroll. Tracks grants and bond expenditures to ensure timeliness and efficiency. Serves as the official liaison with County Finance Department, Legal Department, and Personnel Department regarding Contracts, RFP’s, and payroll. Ensures internal control structure, budgetary control system and all accounting processes are functioning effectively within the department. Certifies that payments to vendors are accurate and timely and are for goods and services rendered in accordance with County policy. Disseminates information to management regarding the fiscal procedures and responsibilities regarding all financial transactions and activities. Coordinates program support activities within the Department; may present information at Board of County Commission meetings; may develop policies and business procedures for the department; and may audit and verify department payroll matters. Supervises timesheet submission for the department, ensuring timesheets are accurate and complete. Coordinates with the County Human Resource Department regarding the processing and tracking of all employee actions and issues; collaborates with Human Resources to facilitate recruitment for the department. Assists the Department Director/Elected Official with projects and assignments of priority and ensures completion of assignments in an effective and timely manner. Responds to questions and requests for information for the department. Hires, orients, trains, supervises, assigns and reviews work of, evaluates, and disciplines staff; recommends staff for promotion, compensation increases; and disciplinary action. Schedules, plans, and oversees or assists with departmental meetings; attends external meetings as representative of department; and attends meetings with government officials, vendors, and the public. Maintains knowledge of emerging technology and trends, current industry standards, evolving technologies, and methodologies that will impact department. Manages the customer service procedures and protocols in the Clerk’s Office; is readily available by phone, chat and email.  Answers the main phone number and Clerk inbox; follows up with customer requests. Manages the Clerk’s Office calendar protocol, chat and ticketing systems. Maintains lists of regular customers by type: titles companies, surveyors, etc. Notifies customers of any operational changes, ensures holidays are posted. Maintains effective communications with users regarding vendor activities, problems, status, timelines and other details. Salary: $68,598 – $96,033. Deadline: Oct. 18. Application: For the complete job listing and to apply, click here.

Registration & Elections Supervisor, DeKalb County, Georgia— The following duties are normal for this position. 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. Supervises, directs, and evaluates assigned staff; develops and oversees employee work schedules to ensure adequate coverage and control; compiles and 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 management; 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 ; and assists with the revision of procedure manuals as appropriate. Conducts elections; supervises personnel to ensure that all elections are conducted in accordance with state and federal laws and regulations; secures early voting locations and recommends schedule; appoints site managers and determines staffing requirements for early and election day voting; works with polling locations and County Information Technology staff to ensure technology capabilities; develops and reviews training for compliance with election laws; monitors early voting traffic; recommends changes in procedures to resolve issues; conducts election night precinct check in, election audit and preparation of precinct statistics; monitors election tasks lists; monitors election software programming; and oversees financial filings process. Implements, monitors and maintains registration functions and processes; reviews registration functions and processes such as felon registrations, duplicate voters, citizenship verification, jury summons questionnaires, provisional voting, election night precinct check in and election audit; monitors and ensures compliance with established protocols and procedures; and updates protocols and procedures as needed. Prepares and completes a variety of registration, production and election reports; compiles and/or tracks various administrative and/or statistical data; generates and prepares data; submits all mandated reports to local, state and federal regulatory agencies or others as required; and maintains related records. Maintains training and procedure manuals; and develops, updates, and revises manuals for all procedures involving voter registration and election functions. 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 and implementing department budget; review. Salary: $54,927 – $88,433. Application: For the complete job listing and to apply, click here.

Research Director, CEIR— CEIR seeks a qualified Research Director to join our team. The Research Director will report to the Executive Director and lead CEIR’s research initiatives. These initiatives include, but are not limited to, matters pertaining to voter registration, voter access, election integrity and security, and election policy, generally. The Research Director will set goals aligned with CEIR’s mission and provide the research team with strategic direction on how to reach those goals, all while ensuring the rigor, integrity, and quality of all research activities. This is an excellent opportunity for an experienced and highly motivated individual who wants to join a growing nonprofit that seeks to make a substantial, positive, nonpartisan impact on elections and American democracy. The Research Director role is a full-time job. CEIR supports hybrid work at its office in Washington, DC. However, we will consider outstanding candidates across the United States that wish to work remotely. CEIR’s office hours are 9am-5pm ET, and the Research Director is expected to be available during that time regardless of location. Salary Range: $110,000-160,000. Application: For the complete job listing and to apply, click here.

Senior Program Manager, Center for Tech and Civic Life– As a Senior Program Manager at CTCL, you will lead development of a program to assess, recognize, and celebrate outstanding performance by election departments nationwide. To develop this certification program, you’ll collaborate with internal and external partners, including election officials and subject matter experts. You’ll report to an Associate Director in the Government Services department and will manage a small team. Responsibilities: Design and manage a certification program for election departments. Own the development, oversight, and continuous improvement of the program, its credibility, inclusivity, and user experience. Ensure documentation is comprehensive and clear. Manage a team. Contribute to equitable hiring processes for new teammates. Lead direct reports to set goals every 6 months, and provide coaching in weekly 1:1s. Support direct reports to reach sustainable professional development goals and career milestones. Manage relationship with consultant – Collaborate with a certification expert to define and address program needs. Share timely questions and challenges in recurring meetings, and assign owners to action items. Engage key stakeholders – Coordinate with staff, legal counsel, partners, election officials, and subject matter experts to strengthen the program and build buy-in. Communicate regular updates and respond to inquiries on the program’s development, operation, and outcomes. Develop and lead Certification Board – Recruit, organize, and oversee a new, nonpartisan, diverse Certification Board. Ensure board’s alignment with CTCL’s values, mission, and commitment to priority audiences. Design governance model, define term limits, and provide appropriate support and structure for the board to achieve its goals. Salary: $79,198. 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.

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