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electionlineWeekly — September 7, 2017

Table of Contents

 V. Legal Updates

Arkansas: Circuit Judge Robert Wyatt Jr. has ruled that the Jefferson County election commission must perform the duties they are assigned under state law and that while the commission can refuse to use the election coordinator selected by a county judge, they cannot deny that coordinator access to information needed to conduct elections, nor can they deny the coordinator access to any county property.

New Hampshire: The Attorney General’s office has moved two legal challenges to the state’s new voter registration law from a state court to a federal court. Lawyers for the state said that the suits brought in state Superior Court are being shifted because “several federal questions” are raised in the complaints. U.S. District Court Judge Joseph LaPlante saw things differently and ruled that the lawsuits should return to the state-level court where they were filed.

New Mexico: The New Mexico Supreme Court has given the City of Santa Fe until September 15 to respond to a petition that seeks an order requiring the city to use ranked choice voting.

New York: The Lawyers’ Committee for Civil Rights Under Law has sued the state of New York alleging that the state is wrongly purging the state’s voter rolls. The suit argues that voters that are being purged should be placed on the inactive list.

Texas: Attorney General Ken Paxton (R) has asked the U.S. Supreme Court to strike down a decision by a lower court that ruled nine state House districts unconstitutional.

Also in Texas, the Justice Department has asked the U.S. 5th Circuit Court of Appeals to block a lower court ruling that the state’s new voter ID law failed to fix intentional discrimination against minority voters. On Tuesday, by a 2 to 1 decision, the 5th Circuit ruled that the state may use its revised voter ID law for the November 2018 elections.