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electionlineWeekly — November 6, 2014

Table of Contents

 III. Legal Update

California: A Los Angeles County judge initiated contempt proceedings against four Palmdale city officials. The judge gave the officials 21-days to show the court why they shouldn’t be held in contempt for violating the court’s ruling on violations of the California Voting Rights Act.

Hawaii: Losing GOP candidate John P. Roco has sued the governor, the state Democratic Party, Lt. Gov. Brian Schatz and the Hawaii elections board asking for a do-over of the August 9 primary. According to Courthouse News Service Roco claims that Hawaii Revised Statute 17-1, on how to fill a Senate vacancy, is unconstitutional because it contradicts the 17th Amendment, which established the system of direct election of U.S. senators.

Illinois: Associate Whiteside County Judge Bill McNeal denied a late-Monday request from the Rock Island County GOP to recalibrate voting machines tested before polls opened on Election Day. McNeal noted that there were multiple chances for voters to confirm and correct their ballot before casting it.

Maryland: A lawsuit was filed late last week against the State Board of Elections and the Frederick County Board of Elections alleging that non-U.S. citizens were being allowed to vote. According to WHAG, plaintiffs claim that Frederick residents sent a juror qualification form answered and "no" when asked if they are a U.S. citizen should not be registered voters and plaintiffs they allege that those residents are still listed as registered voters.

Also in Maryland, state prosecutors have dismissed an assault case against a Cecil County candidate who allegedly placed his nose so close to his opposition’s mouth during an argument on the day of the June primary, that the rival bit the man out of fear of his life.

New York: A State Supreme Court judge denied a candidate’s request to have voting machines impounded immediately following the close of polls on Tuesday.

Ohio: The Northeast Ohio Coalition for the Homeless, Columbus Coalition for the Homeless and the Ohio Democratic Party filed a federal lawsuit challenging Senate Bill 216 that requires voters to provide their address and date of birth when casting an absentee ballot. The suit also challenged Senate Bill 205 that requires election workers to reject absentee and provisional ballots for errors made on identification statements.