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electionlineWeekly — June 16, 2016

Table of Contents

V. Legal Updates

Arizona: This week, Arizona Attorney General Mark Brnovich said that his office will not investigate Secretary of State Michele Reagan’s failure to update the state elections manual. According to Capitol Media Services, Michael Bailey, the chief deputy acknowledged that the secretary’s interpretation of the law on releasing the manual was unique, but that it was also plausible.

Kansas: Late last week, the 10th U.S. Circuit Court of Appeals upheld a lower court ruling requiring Kansas to “suspended” voter to vote in federal elections even though they did not provide proof-of-citizenship. The appeals court judges said Kansas had not made the necessary showing for a stay pending appeal, but agreed to hear the appeal quickly.

New York: The Center for Independence of the Disabled New York (CIDNY), the National Federal of the Blind and several New York voters have sued the state’s board of elections and Department of Motor Vehicles claiming that the state’s online voter registration system violates the American with Disabilities Act.

Ohio: Despite an appeal from the state, John Michael H. Watson denied a request to delay his order to reinstate the “Golden Week” of early voting for the November election. He did stay his order for the August 2 special election.

Texas: A losing candidate in Hidalgo County has filed suit alleging that the voting machines in the county were “either faulty or tampered with” to rig the Democratic primary runoff for Justice of the Peace Precinct 3.

Virginia: A second lawsuit has been filed over Gov. Terry McAuliffe’s (D) executive order to restore the voting rights to more than 200,000 ex-felons. The suit was filed by Judicial Watch on behalf of five voters in Bedford County who claim they will be harmed if the ex-felons are allowed to vote. “Unless an injunction is granted, plaintiffs’ lawful votes will be canceled out, and their voting power will be diluted, by votes cast by individuals who are not eligible to vote under Virginia’s laws and Constitution,” the lawsuit states.