We have wrapped up another spirited convention. It was so good to see so many of you there. I received so much positive feedback about the TAD Talks Newsletter. Thank you! It means so much to hear that the work done on these letters is of value to so many readers. Thank you also to all who participated in convention, for your help crafting our party's rules, platform, and legislative priorities. It is a labor of love for sure! The Party has new rules and, most importantly, a new party platform. CLICK HERE to view all the work done last week.

THIS FRIDAY we have our Call to Action call. Senator Bryan Hughes will be on giving his usual report. We always appreciate his participation in our calls.

Then we will be joined by Former SREC Member and Harris County GOP activist Sean Cheben. Cheben served on the 2022 Legislative Priority Committee and will give us a briefing on legislative priorities for the party.

We will also be joined by my colleague and friend, RNC National Committeeman Robin Armstrong. Armstrong served on the RPT Platform Committee and will update us on the RPT platform.

I am looking forward to sharing with you first hand knowledge of the party and convention procedures and how we get to our final legislative priorities and platform!

Election Regulatory, Directive, and Initiative Tracker - Tracks pending state administrative rulemaking

Election Legislation Tracker - Tracks election-related state legislation

Voting Litigation Overview - Lists important pending litigation

Talking Points to address specific Election Integrity legislation, litigation or events currently in progress.

States currently in Session: Arizona, California, Delaware, Louisiana, New Hampshire, New Jersey, North Carolina, Ohio, Rhode Island, South Carolina, Vermont, and Wisconsin.

States in Regular Session throughout the year: Massachusetts, Michigan, New York, Pennsylvania

States Sine die: Alaska, Alabama, Arkansas, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, and Wyoming.

Massachusetts

The legislature passed and sent S2924, "Bill Fostering Voter Opportunities, Trust, Equity and Security," to the Governor's desk for signature.

New Hampshire

Governor Sununu signed SB418 into law. The new law requires voters who register for the first time on Election Day and do not have a valid photo ID with them to vote using an affidavit ballot. The voter is then given seven days to mail the required documentation to the Secretary of State. If the voter fails to provide such documentation within the seven-day deadline, their affidavit ballot is not counted. Liberal groups immediately sued New Hampshire (see Litigation section below.)

New Jersey

New York

Governor Hochul signed SB1046E, the “John R. Lewis Voting Rights Act of New York” or “NYVRA,” which establishes rights of action for denying or abridging the right of any member of a protected class to vote, provides assistance to language-minority groups, requires certain political subdivisions to receive preclearance for potential violations of the NYVRA, and creates civil liability for voter intimidation.

State Litigation Highlights

A state court rejected a challenge by Attorney General Brnovich that will leave the 2019 Elections Procedures Manual in place for the 2022 elections.

In August, a lawsuit, Mi Familia Vota v. Hobbs, was filed in AZ challenging SB1485, which removes voters from the permanent mail ballot list if a voter does not vote by mail in two straight election cycles; and SB1003, which requires voters to “cure” signature-less ballots by 7PM on Election Day. The RNC and the NRSC intervened to defend the laws. Defendants filed a motion to dismiss on November 18, and discovery is underway. On March 14, Mi Familia Vota filed a notice with the court stating that it did not intend to seek a preliminary injunction prior to the 2022 midterms. A hearing on the Defendant’s motion to dismiss was held on June 7.

Two lawsuits were filed challenging HB2492, which requires proof of citizenship for individuals who register using a federal form required by the National Voter Registration Act (NVRA). Any voter who cannot satisfy the requirement will be ineligible to vote for president or by mail. On May 12, the RNC, the Republican Party of Arizona, and Mohave and Gila County Republican Parties moved to intervene in the two lawsuits to defend HB249. The Democratic National Committee (DNC) and the Arizona Democratic Party also plan to file a lawsuit challenging the law.

Florida

In June, the RNC and NRSC were granted intervention in all four lawsuits challenging provisions of SB90, Florida’s 2021 election reform legislation. On March 31, the U.S. District Court permanently enjoined multiple provisions of SB90 including the required registration disclaimers for third party voter registration organizations (§ 97.0575(3)(a)), registration delivery provisions for third party voter registration organizations (id.), drop box regulations (§§ 101.69(2)-(3)), and line warming provisions (§§ 102.031(4)(a)-(b)). Defendants, including the RNC and NRSC filed a notice of appeal on April 7, and a stay request with the 11th Circuit on April 11. On May 6, the 11th Circuit granted the defendants’ stay request , leaving in effect provisions previously struck down by the lower court and rejecting the district court’s order to put Florida under “preclearance” for ten years. On June 9, the 11th Circuit granted the plaintiff’s motion to expedite the appeal and tentatively assigned oral arguments during the week of September 12, 2022 in Miami.

Georgia

In July, the RNC, NRSC, NRCC, and GA GOP were granted intervention in eight lawsuits, including the U.S. Department of Justice’s lawsuit against the State, challenging provisions of SB202 . Previously, the court denied motions to dismiss for lack of standing and on the merits, filed by the RNC, other Republican organizations, and Republican lawmakers in Georgia in eight of the lawsuits. In December, the court denied the motions to dismiss filed by the State, RNC, NRSC, NRCC, and the GA GOP. The court considered the plaintiffs’ request for a preliminary injunction at a hearing on June 9 and 10. In the 9th case challenging SB202, the court dismissed the case without prejudice for failure to serve the defendants.

On May 2, a group of liberal organizations sued Georgia’s Election Board regarding absentee ballot applications. In Georgia, an absentee ballot application must be signed with pen and ink. The groups seek declaratory and injunctive relief, requesting the court find that the so-called Pen and Ink rule violates the Civil Rights Act and to enjoin its enforcement.

A federal lawsuit, filed back in 2018 by liberal voting rights groups, is in the middle of its trial in Georgia. The plaintiffs argue the State’s “exact match” registration rules and additional absentee ballot requirements, put in place by SB202, violate the Constitution and the Voting Rights Act. The court granted defendant‘s request for a continuance in May, and the bench trial began on June 13.

Iowa

The RNC, Iowa GOP, NRCC, and NRSC were granted intervention to defend against a lawsuit challenging provisions of SF413 and SF568. The trial set for March 21 was pushed back in light of discovery disputes between the Iowa legislature and plaintiffs. On March 16, the Iowa Supreme Court granted certiorari to resolve these discovery disputes.

Michigan

In 2019, activist groups challenged Michigan elections laws that restrict paid voter transportation services and out-of-state organizations assisting voters with absentee ballot applications. The RNC and MIGOP were granted intervention in the case. The district court initially granted an injunction that prohibited Michigan from enforcing its voter transportation restriction, but the 6th Circuit reversed . On March 21, the RNC and other Republican groups filed a motion for summary judgment and asked the district court to dismiss the suit. On March 29, Uber filed an amicus brief on behalf of the activist groups.

Montana

In April 2021, the Montana Democratic Party and activist groups sued the State over its election integrity measures, which include elimination of Election Day voter registration, types of voter ID permitted, and paid ballot harvesting. On April 6, 2022, a Montana state court temporarily suspended enforcement of these laws. The case has been appealed to the MT Supreme Court. On May 17, the MT Supreme Court granted the defendant’s stay of the preliminary injunction. Update: On June 9, 2022, Restoring Integrity and Trust in Elections (RITE) filed an amicus brief on behalf of state.

Nevada

On April 14, a lawsuit was filed in Clark County alleging that Nevada failed to offer “meaningful observation” during the 2020 election cycle and that the state does not have a plan in place to provide this in the upcoming elections. The case was dismissed with a stipulation by Clark County that it will provide certain access to observers. A similar case was brought in Washoe County, but was also dismissed by the district court judge.

New Hampshire

Immediately after Governor Sununu signed Senate Bill 418 into law, progressive groups filed a lawsuit challenging the new affidavit ballot law. The lawsuit seeks to have the court declare SB418 violates the New Hampshire Constitution and issue a permanent injunction to block its enforcement. The ACLU also plans to challenge the law in court.

New Mexico

On June 15, the GOP-led Otero County Commission was sued by the New Mexico Secretary of State after the county refused to certify the 2022 Primary Election Votes, citing concerns over the voting machines. New Mexico Supreme Court Chief Judge ordered the Otero County Commission to certify the results by June 17.

New York

The RNC, NRCC, and New York State Republican Committee filed a motion to intervene in a case brought by Democrats challenging NY ballot rejection practices. On May 13, the court granted the RNC’s motion to intervene and a preliminary injunction hearing will be held on June 27.

In January, the RNC and NY GOP, leading a broad bipartisan coalition of officeholders and concerned citizens, including Congresswoman Malliotakis and naturalized citizen voters, sued Mayor Eric Adams, the New York City Council, and the New York City Board of Elections in state court over the “Non-Citizen Voting Law,” which illegally allows non-citizens to vote in city elections. The complaint is available here. The NYC Board of Elections has since requested that the State review the law and issue an opinion on its legality. The case was assigned to Judge Ralph Porzio. Oral arguments in the case were held on June 7.

Pennsylvania

In January, Republican David Ritter, a candidate for Judge of the Lehigh County Court of Common Pleas, appealed the County Board of Elections 3-0 decision to count 261 challenged mail-in ballots that were undated or improperly dated. On November 30, 2021, the Court of Common Pleas of Lehigh County denied Ritter’s appeal and ordered the county Board to include the 261 mail-in ballots in its canvass. The case was then appealed to the Commonwealth Court who, in a 2-1 decision , reversed and remanded the case concluding that the 257 ballots that do not contain a date must be set aside and not counted in the Municipal Election. Democrat candidate Zachary Cohen filed an appeal with the PA Supreme Court. The PA Supreme Court denied the appeal.

In January, five voters who failed to date their ballot sued the Lehigh County Board of Elections in federal court to have their undated votes counted. Both Ritter and the losing candidate in the election intervened. The County Board agreed to not certify the election while the litigation was pending. The lawsuit alleges violations of the Civil Rights Act and the 14th Amendment. On March 16, the district court granted Ritter’s motion for summary judgment and ordered that the undated ballots should not be counted. Plaintiffs appealed. After the district court declined to delay certification, the 3rd Circuit  issued a temporary injunction preventing the county Board from certifying. On April 1, the U.S. Department of Justice filed a statement of interest in the case. On May 20, the 3rd Circuit ruled that the date requirement was immaterial and ordered that the undated ballots be counted. On May 23, Ritter filed a stay request with the 3rd Circuit which would allow him to file a cert petition with the Supreme Court. The 3rd Circuit denied the stay request and then SCOTUS granted an administrative stay. Update: The stay was vacated by the U.S. Supreme Court in a 6-3 decision with Justices Alito, Thomas, and Gorsuch dissenting. The U.S. District Court accordingly ordered Lehigh County Board of elections to count the undated ballots in accordance with the 3rd Circuit’s decision.

U.S. Senate Candidate David McCormick filed suit in state court seeking an order for all counties to count undated ballots cast in last week’s primary. The PA Commonwealth Court granted the injunction and instructed County Boards to segregate the ballots and report two tallies to the Secretary of the Commonwealth. A King’s Bench application was also made on the same issue to the PA Supreme Court, which denied the suit. After dropping out of the recount, McCormick filed for voluntary discontinuance or dismissal for mootness with the Commonwealth Court. The Court granted the discontinuance but declined to vacate the order. On June 9, the Pennsylvania Supreme Court granted a discontinuance of the PAGOP’s and RNC’s appeal. The Pennsylvania Supreme Court denied the plaintiff’s application to vacate the special injunction which instructed the County Boards to segregate the ballots and report two tallies to the Secretary of the Commonwealth.

In May, Democrat voters filed suit against the Lehigh and Northampton County Boards of Elections alleging the election officials declined to count those ballots due to noncompliance with the Secrecy Envelope Rule or the Election Day Receipt Deadline. Update: On June 7, the RNC and Republican Party of Pennsylvania’s motion to intervene was granted . On June 16, the Court dismissed the suit.

On March 8, the PA Supreme Court heard oral argument on the challenge to Act 77, which established no excuse absentee voting in PA. This was an appeal of a January 28 Commonwealth Court ruling that struck down Act 77, holding it violated the PA Constitution. Under PA law, the Commonwealth Court ruling was automatically stayed but the court subsequently terminated the stay effective March 15. The termination of the stay was appealed to the PA Supreme Court, which reinstated the stay, effective until the conclusion of the case. A link to the oral arguments can be found here.

On February 11, the RNC sued PA’s Bucks County Board of Elections for its refusal to provide records related to how it counts absentee ballots.

Texas

The U.S. Department of Justice sued the State of Texas and the Texas Secretary of State, challenging certain provisions in the recently enacted election integrity bill: SB1. The DOJ claims the law violates Section 208 of the Voting Rights Act and Section 101 of the Civil Rights Act. The RNC, NRCC, NRSC, and Dallas and Harris County Republican Parties moved to intervene in the DOJ suit and others challenging SB1. The court denied the party committees’ motion to intervene, and the party committees promptly appealed the ruling to the 5th Circuit. The U.S. Department of Justice actively opposed the party committees’ intervention. On March 25, the 5th Circuit ruled that the Republican committees were entitled to intervention as of right and ordered the district court to grant intervention to the committees. The RNC and other party committees re-filed for intervention, which was granted by the district court on May 13. On May 24, the court denied the plaintiffs motion to dismiss. On May 31, the Court granted the parties’ unopposed Motion to Stay pending appeal. On June 8, the Court set a bench trial for July 17, 2023. On June 14, the Court ordered a modified permanent injunction.

The 5th Circuit, in two similar cases challenging various provisions of the Texas election code, directed the lower court to dismiss the Secretary of State from the case because he was not a proper defendant.

On June 10, the Texas Supreme Court clarified a provision of SB1 in favor of the statute’s plain text. The case will return to the 5th Circuit for further consideration.

On June 16, a federal judge granted plaintiff’s motion for summary judgement and issued a permanent injunction to block Texas House Bill 3107’s wet signature requirement. The judge held the wet signature requirement violated the First and Fourteenth Amendments because it creates an undue burden on the right to vote.

Vermont

In September, the RNC sued the cities of Montpelier and Winooski over their new town charters that allow non-citizens to vote in their municipal elections. The lawsuit also raises important concerns about how the laws will be implemented and whether non-citizens will end up on the same voter registration lists used for state-level and federal elections. The RNC is joined in the suit by the Vermont Republican Party and several concerned Vermont voters. A hearing on the motion to dismiss in the Montpelier litigation was held on March 31. On April 1, the Montpelier court granted the defendants’ motion to dismiss, finding the plaintiffs have standing, but under its interpretation of Vermont Supreme Court precedent, was required to dismiss the case. The RNC and other plaintiffs filed a notice of appeal on April 29. The hearing on the motion to dismiss in the Winooski case is set for June 27.

Wisconsin

In Teigen v. WEC, the WI Circuit Court ruled that absentee ballot drop boxes are not permitted under Wisconsin law and ordered the Wisconsin Elections Commission (WEC) to retract its instructions on the use of drop boxes. WEC appealed the ruling. The court also denied a request to stay the ruling for the February 15 primary while the defendants pursue an appeal. The Court of Appeals granted petition to bypass; thus, the WI Supreme Court will hear argument on the case. The WI Supreme Court denied a stay motion that would have allowed absentee drop boxes through the April 5 election; accordingly, drop boxes located outside of local clerks’ offices will be illegal and no one other than the voter will be allowed to return an absentee ballot. On March 23, the RNC, NRSC, and Republican Party of Wisconsin moved to file an amicus brief in support of Teigen. The WI Supreme Court heard merits arguments on the case on April 13.

Other News

*The full RNC Pundit Prep will be posted on my website.

For more information, please click here.

The facts are clear: Joe Biden created the worst crisis at the border in DHS history. Biden created and is now refusing to end a historic humanitarian, national security, and public health crisis at our border.

What you need to know:

The bottom line:

As a result of Joe Biden’s disastrous economic policies, American families and businesses are being forced to pay far more for the goods and services they need.

What you need to know:

The bottom line:

What you need to know:

The bottom line:

Thank you for allowing me to continue to serve you as your Texas Representative to the RNC! As always, feel free to reach out to me with any questions you might have at tad@toniannedashiell.com, or follow me on Facebook or Twitter at the links below. Thank you for being a strong Texas Republican, and together, let us work to Keep Texas RED!