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electionlineWeekly — July 30, 2015

Table of Contents

 IV. Legal Updates

Arizona: The Arizona Court of Appeals ruled that there was evidence that a Bullhead City woman cast a ballot in both Arizona and Colorado on Nov. 2, 2010, but that the evidence was insufficient that she voted more than once in any election and there was no evidence that any candidate appeared on both ballots. The 2010 election was not a presidential election. The Appeals court ruling invalidated a lower court ruling that found the woman guilty of illegal voting.

Minnesota: A ballot-burning trial in Wanamingo Township, Minnesota got under way this week. A township supervisor is accused of burning ballots in 2014 and while he admits destroying the ballots, he said he was doing so on the advice of an election judge that was present at the time.

Mississippi: The Public Legal Foundation has filed a lawsuit in federal court against the Clark County election commission because according to the suit, the county has more voters on the rolls than living citizens.

North Carolina: After almost three weeks of testimony both sides are set for closing arguments in the federal voting rights trial in North Carolina. According to the News & Observer, attorneys are expected to argue for four hours — two hours to each side — as to why the 2013 overhaul to North Carolina’s election laws should or should not stand.

Pennsylvania: U.S. District Judge Lawrence Stengel threw out provisions in Pennsylvania law that he said make it unconstitutionally difficult for independent and minor political party candidates to get onto ballots because of the threat of costly court challenges.

Tennessee: The Tennessee election commission has ordered all county election commission to extract all of the November 2014 election data and store it on external devices. The order to store the data stems from a pending legal challenge to the passage of Amendment 1 in 2014.

Texas: A state judge has order a losing candidate to pay $100,000 in sanctions after failing to back up key arguments in their contest to the December 2014 runoff for the North Austin District 4 seat.

Virginia: Former Botetourt County registrar Phyllis Booze has filed a federal lawsuit claiming that she was let go for partisan reasons. Because she is a Republican, Booze claimed, the two Democrats on the three-member board voted not to reappoint her in June to another four-year term. According to The Roanoke Times, in her lawsuit, filed in Roanoke’s federal court against electoral board members William “Buck” Heartwell and Paul Fitzgerald, Booze seeks lost wages, compensation for emotional suffering and her job back.