Two more fabulous candidates for the Texas House will be with us next week. Stan Kitzman and Ellen Troxclair join our Call to Action on Friday, July 22nd.

This is an opportunity to hear from them directly about their platform. Most importantly though this summer series is about what YOU can do to help these great candidates. Having these amazing people put themselves forward for office is just the start, we can't win these races without boots on the ground.

We will also be hearing from Sen. Bryan Hughes and Rep. Jacey Jetton who will be updating us on the interim hearings taking place. We may have a "part-time" legislature but the work is year round!

A full schedule to be sure. You don't want to miss next week's call!

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

State Legislation Highlights

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

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

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

The Governor signed HB2243 into law on July 6. The bill requires the voter registration form to contain a statement that if a registrant permanently moves to another state after registering in Arizona, the voter registration is cancelled. The final version included a Senate floor amendment bill including additional requirements for County Recorders to vet registrants’ citizenship status.

Governor Whitmer vetoed HB4996, which would have required the governor to announce the date to fill a Michigan Senate or House of Representatives vacancy within 30 days after a vacancy occurs.

July 8, Governor Tom Wolf vetoed SB573. The Governor explained he vetoed the bill because it did not increase access to voting and undermined the integrity of the election process.

On July 8, the State Senate approved SB106, which now goes to the state House for a vote. SB106 is a Joint Resolution of five proposed amendments to the Pennsylvania Constitution. Two of the proposed amendments include requiring voters to show identification at the polls and requiring independent election audits by the auditor general.

On July 11, the Governor signed SB982. This new law provides public funding of elections to the county boards and prohibits outside groups from contributing to election operations. SB982 also establishes the Election Integrity Grant Program.

The Governor also signed Act 66 into law. Act 66 will require each precinct to receive printed ballots for 50% of its registered voters in each party for a primary election. Then for a general election, enough ballots must be printed for 100% of all the precincts’ registered voters.

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. On June 24, the court granted in part and denied in part defendants’ motion to dismiss. The court (1) allowed the plaintiffs to pursue their claim that S.B. 1485 (which provides for maintenance of the Permanent Early Voting List) was enacted with a discriminatory intent, and (2) dismissed the remaining claims but granted the plaintiffs’ leave to file an amended complaint.

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 intervention motion was denied on June 23 and the party committees are weighing next steps. The Democratic National Committee (DNC) and the Arizona Democratic Party also plan to file a lawsuit challenging the law. Update: On July 5, the Department of Justice (DOJ) also filed a lawsuit against Arizona, challenging the proof of citizenship requirement.

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 on September 15, 2022 in Miami.

In July, the RNC, NRSC, NRCC, and GA GOP were granted intervention in eight lawsuits, including the DOJ’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. On June 30, the court denied plaintiffs’ motion for preliminary injunction. 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 challenging a state law that requires handwritten signatures on absentee ballot applications. 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. The RNC and GAGOP moved to intervene in the litigation on June 24.

Trial in the federal lawsuit filed back in 2018 by liberal voting rights groups was completed on June 23. The plaintiffs argue the state’s “exact match” registration rules violate the Constitution and the Voting Rights Act.

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.

Massachusetts

The MAGOP chairman filed a lawsuit in the Supreme Judicial Court on June 23 challenging the State’s new permanent mail-in voting law. The lawsuit argues permanent mail-in voting violates the Massachusetts Constitution. The action includes a motion for temporary restraining order to prevent implementation of the law before the 2022 election. On June 28, the state filed a combined motion to dismiss the MAGOP’s complaint and opposition to MAGOP’s motion for temporary restraining order. The MA Supreme Court denied the MAGOP’s motion to enjoin the law. MAGOP plans to appeal this decision to the United States Supreme Court.

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.

A lawsuit filed on June 22 by several civil rights activists against the State of Missouri argues the State’s limitations on voter assistance violate the Voting Rights Act. A Missouri law from 1977 states no one can assist more than one voter per election unless they are immediate family members or an election judge.

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. On June 9, Restoring Integrity and Trust in Elections (RITE) filed an amicus brief on behalf of state.

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.

On June 28, the Nevada Supreme Court ruled an initiative proposing open primaries and ranked-choice voting can be placed on the November ballot.

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. On June 21, the ACLU also sued New Hampshire.

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. On June 27, the court heard oral arguments on the Democrats’ motion for a preliminary injunction.

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. On June 27, the judge struck down the Non-Citizen Voting Law, explaining in his opinion that it violates the New York State Constitution, New York State election law, and the Municipal Home Rule Law. Intervenor-defendants in the suit have said they will appeal.

The United States Supreme Court ruled that North Carolina Republican legislators are entitled to intervene in a lawsuit to defend the constitutionality of the State’s voter ID law.

The Supreme Court granted writ of certiorari in Moore v. Harper on June 30. The lawsuit challenges the congressional maps drawn by North Carolina lawmakers. The petition for review came after the North Carolina Supreme Court blocked the state from using the challenged maps in the primary election and required redrawn districts. Arguments in the case are expected in the fall.

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. After the district court declined to delay certification, the 3rd Circuit  issued a temporary injunction preventing the county Board from certifying. On May 20, the 3rd Circuit ruled that the date requirement was immaterial and ordered that the undated ballots be counted. SCOTUS granted an administrative stay after Ritter’s stay request in the 3rd Circuit was denied. 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. Ritter conceded the contested election for Lehigh County Court of Common Pleas judgeship on June 21. Ritter has filed a cert petition with SCOTUS asking the court vacate the 3rd Circuit’s decision.

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. On June 24, the RNC filed a motion for a continuance. The hearing for the motion for continuance is set for August 4.

The DOJ sued the State of Texas and the Texas Secretary of State, challenging certain provisions of SB1, Texas’ 2021 voting integrity legislation. The DOJ claims SB1 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 but the 5th Circuit reversed and ruled that the Republican committees were entitled to intervention as of right. 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 plaintiff’s 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 was returned to the 5^th Circuit, which remanded the case to the district court with instructions to dismiss the plaintiff’s claim. 

Update: On June 16, a federal court 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. On June 17, the intervenor defendants filed an appeal; and on June 21, the court denied their motion to stay.

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 took place on June 27.

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. Update: On July 8, the WI Supreme Court affirmed the lower court’s decision and found that absentee drop boxes located outside of local clerks’ offices are illegal.

National: The GAO has released a report on “State and Local Perspectives on Election Administration during the COVID-19 Pandemic.”

National: Senator Warren and Representative Williams will introduce a bill to expand youth’s access to voting.

National: Constitutional law experts discuss the arguments on both sides of the Independent State Legislature Doctrine.

AZ: Up to 63,000 early voting primary ballots in Pinal County were mailed out with either the wrong municipal elections listed for the voter’s jurisdiction or missing the municipal races entirely. 

AZ: A liberal group filed petition signatures to get a left-wing ballot proposal on the ballot for this November; the proposal would legalize ballot harvesting, institute same-day voter registration, and enact numerous other progressive priorities for voting. 

AZ: State prosecutors ask a judge for a one-year prison sentence in illegal ballot harvesting case.

FL: Peter Antonacci was chosen to lead Florida’s new Office of Election Crimes and Security.

MI: A liberal group submitted petition signatures to get a left-wing ballot initiative on the ballot for this November’s election. If successful, the initiative would amend the state constitution as it relates to voting issues in a number of ways.

MI: Detroit’s Office of Inspector General reported that the city’s deputy city clerk abused her authority by using the clerk's office to organize signatures for her congressional campaign.

TX: Harris County Elections Commission hired Clifford Tatum as the county’s new elections administrator.

TX: Mail-in ballot rejections decreased from more than 12% in the March primary to less than 4% in the May primary runoffs because of clerks’ offices increased understanding of SB1’s cure process. 

Op-ed: Hans von Spakovsky wrote an op-ed advocating for making election audits standard practice in every state after every election.

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!