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electionlineWeekly — June 2, 2016

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VI. Legal Updates

Florida: A 2014 ballot measure—which earned 71 percent approval—that made races for sheriff, tax collector and four other constitutional offices in Orange County nonpartisan was overturned by Circuit Judge Keith White who said the county had no authority to determine how constitutional officers are elected.

New Jersey: The Woodlands Condominium Association in Mays Landing has hosted a polling place for about 24 years and now they no longer want to, citing liability concerns, but the Atlantic County wants them to continue to do so. Judge Mark H. Sandson sided with the condominium association saying that the government cannot force a private property owner to provide a polling place.

Ohio: A woman from East Liverpool has been indicted on 35 counts of felony voter fraud — 32 counts of false voter registration and three counts of false signatures.

Also in Ohio, the secretary of state and attorney general have asked a federal court to stay an order to reinstate early voting days in Ohio. Both offices have asked the court to postpone the implementation of the order while they appeal to the Federal Appeals Court and at the very least until after the Aug. 2nd special election in Columbus.

Oregon: A 12-person jury has found that former Clatsop County Clerk Maeve Kennedy Grimes was improperly fired following the 2014 general election. She was awarded $400,000 in damages.

Virginia: The plaintiffs in Virginia’s voter ID lawsuit have filed a notice to of appeal with the 4th Circuit Court of Appeals based in Richmond. The plaintiffs — Democrats — have asked for an expedited review.

The Virginia Supreme Court will hold a special session on July 19 to consider a lawsuit filed by state GOP leaders challenging Gov. Terry McAuliffe’s executive order that restored the voting rights to more than 200,000 ex-felons.

Wisconsin: Wisconsin’s voter ID trial wrapped up last week and although a verdict is expected sometime in July, Judge James Patterson said his decision will come too close to the August 9 primary so the ID law will remain in place for that election at least.