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electionlineWeekly — December 8, 2016

Table of Contents

 VI. Legal Updates

Florida: Three voters have filed a lawsuit in Leon Circuity Court claiming that the state’s official election results were off because malfunctioning voting machines. They are seeking a recount of all paper ballots.

Kentucky: Gary “Rooster” Risner, a Magoffin Co. magistrate convicted in a vote-buying conspiracy, has been sentenced to two years and nine months in federal prison. Risner must also complete 550 hours of community service following his release.

Mississippi: U.S. District Judge Carlton Reeves heard arguments last week about whether or not to dismiss a 2015 election that ended in a tie, was decided by the drawing of lots (straws in this case) and then was ultimately overturned by the Republican-controlled House in favor of the losing GOP candidate. Five voters who filed suit early this year are demanding that former Rep. Bo Eaton, D-Taylorsville, be reinstated as a House member in place of Rep. Mark Tullos, R-Raleigh.

New York: Acting state Supreme Court Justice Denise Hartman will hear arguments that could end a power struggle over who will be the Albany County Democratic elections commissioner.

Ohio: Secretary of State Jon Husted will appeal a lower-court’s ruling that the state was improperly purging voters from its rolls to the U.S. Supreme Court. "The current status of this case leaves one of our most important election safeguards in limbo," Husted said in a statement. "I will ask the U.S. Supreme Court to reverse this unnecessary intrusion into our state's elections process."  

Texas: A judge has ordered a new election for a Hidalgo city council position after lawsuit claiming illegal assistance with mail-in ballots in the June 2016 runoff election was filed. The lawsuit also claimed that non-residents and ineligible people cast ballots in the race.