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electionlineWeekly — May 24 2018

Table of Contents

 VI. Legal Updates

Florida: The League of Women Voters has filed suit against the state of Florida accusing Gov. Rick Scott’s administration of making it more difficult for young people to vote by preventing early voting at public buildings on state university campuses.

Kansas: The 10th Circuit Court of Appeals ruled this week that Judge Julie Robinson’s order holding Secretary of State Kris Kobach in contempt is not yet final and therefore Kobach’s appeal was dismissed as premature.

Missouri: The ACLU of Missouri has asked U.S. District Judge Brian Wimes to issue an injunction in connection with their April 17 lawsuit that alleges the state has failed to comply with Motor Voter. The request for a preliminary injunction argues the "defendants' failure to update the voter registration information of DOR customers who submit a change-of-address form online or by mail violates the NVRA and, absent immediate relief, will deny qualified Missourians their right to vote and burden others."

New Hampshire: The New Hampshire Supreme Court is giving interested parties until May 31 to submit their views on eliminating the distinction between “residency” and “domicile” for voting purposes.

Also in New Hampshire Supreme Court news, the high court is reviewing the legality of a bill approved by the state Legislature that would allow for the release of the state’s private centralized voter registration database.

Texas: U.S. District Judge Orland Garcia had given the state of Texas until May 17 to submit plans for how the state will comply with the National Voter Registration Act (Motor Voter). Instead of submitting plans, Attorney General Ken Paxton submitted a list of objections to the plaintiff’s proposals saying they were unworkable and go beyond what the federal law requires. The judge in the case was having none of it and has given the Texas Dept. of Safety 45 days to implement a plan. The state vows to appeal.

Wisconsin: The U.S. Department of Justice has sent a letter to the Wisconsin Election Commission warning the commission that DOJ may sue because Wisconsin law does not allow temporary overseas voters obtain ballots electronically or file unofficial ballots.