BIG KENTUCKY ELECTION NEWS: Republican Sen. @jrajra filed SB 259, a new election bill. There's lots of great stuff here: easing voter reg deadline, early voting, ballot cures, etc. There's also "integrity" stuff I don't love. Let's walk through it.
Summary:
-Registration deadline: 21 days (from 29)
-Stricter voter purge process
-Early voting for 4 days
-Vote Centers
-Absentee ballot online request portal
-Ballot cures for mismatched signatures
-Ballot drop boxes (but limits on who can drop off)
-Paper trail required 2/
VOTER REGISTRATION DEADLINE: Bill would change registration deadline from the current 29 days to 21 days. I'd prefer, well, same-day registration or a shorter period, but this is a good start. 3/
On the other side of the coin, the bill beefs up the voter list maintenance rules, essentially requiring State Board of Elections to send an annual notice to those on the inactive list, and if they don't respond and don't vote in 2 general elections, to remove them from list. 4/
Note that this list maintenance/voter purge system is basically what #SCOTUS upheld in the case from Ohio. So the bill gives a little to each side: eased registration deadline with stricter removal process. 5/ scotusblog.com/case-files/cas…
VOTE CENTERS! Bill authorizes counties to consolidate polling places into larger Vote Centers, which were hugely successful in 2020. Importantly, county must explain "The plan for how the voting location will serve as a focal point to meet the needs of a diverse community." 6/
ONLINE ABSENTEE BALLOT REQUEST PORTAL! Again, another great tool from Nov. 2020 would become law. Secure portal would close 10 days before election. Importantly, by inputting personally identifying info, the voter complies with the new voter ID law. All good for security. 7/
The absentee ballots must have printed barcodes unique to each voter. This is another common sense security measure. 8/
Bill would prohibit absentee ballot collection/delivery, except for U.S. postal workers, family members, household members, or caregivers. Not a fan of this provision as it hinders non-partisan groups from helping voters deliver ballots. But it's a common "integrity" rule. 9/
BALLOT DROP BOXES: The bill allows the use of secure drop boxes for absentee ballots and guarantees each county with at least one. 👏👏👏 10/
Unfortunately, the bill does not expand who can vote via absentee ballot. So an excuse would still be required. KY would remain one of only 16 states that require an excuse. 11/ ncsl.org/research/elect…
GOOD: The bill allows county clerks to start processing (but not counting) absentee ballots up to 10 days before Election Day. This is a great move as it will help avoid perceived "vote shift" we saw in places like MI and PA, where counties could not begin early processing. 12/
BALLOT CURES! Absentee ballots still require 2 signatures. But if the signature does not match the one on file, county clerks must make a "reasonable effort" to contact voter to allow a cure. This is great, as KY law didn't have a cure process previously (2020 reg had it). 13/
Unfortunately, bill requires all cures to happen by poll closing time on Election Day. This means that ballots arriving on Election Day won't have opportunity to cure. That's potential equal protection problem which leg. should fix. I also wish cures were more expansive. 14/
EARLY VOTING: KY, which has no early voting (without an excuse), would have 4 days of early voting for anyone: the Wed., Thurs., Fri., and Sat. before Election Day. What an important expansion that will benefit everyone! 15/
New election machines must allow for voter verified paper trail. This is an important security measure. There are some technical things in here related to voting equipment, mostly to ensure integrity through a paper trail. There's also a provision for risk-limiting audits. 16/
BAD on voter assistance: a voter needing help at the polls would need to provide a specific reason under oath, and poll workers could deny that assistance if they are not "satisfied as to the truth of the facts stated in the oath." This is unnecessary and potentially harmful. 17/
There's some additional minor stuff, like saying poll workers can work a half day, which hopefully will make it easier to recruit poll workers.
There's also stuff on naming members to county board of elections. 18/
Post election recanvass: currently any candidate can ask for a recanvass. The proposed law would allow it only if the vote totals between candidates is less than 1%. This makes sense: there's no need to recanvass unless it's really close. 19/
The bill would restore the SOS as the chair of the State Board of Elections and gives him a vote. The legislature had taken that power away from the former SOS, @AlisonForKY. 20/
UPSHOT: This is a great compromise bill. It expands voter access and includes some pro-voter measures, but it also has integrity things like paper ballots and risk limiting audits.
(Dem @MorganMcGarvey filed bill with some similar items; SB 259 is an Repub-backed bill) 21/
For me, the expansions don't go far enough and some of the "integrity" measures are unnecessary and potentially harmful. But, especially for a state with a supermajority Republican legislature, this is an important and positive bill. 22/
There's a similar House bill expected to be filed soon. Hopefully each House will work quickly to respond to public comment and then pass this bill. It should be bipartisan. If it remains mostly as is, Gov. Beshear should sign it. 23/
KY ranks #41 in the objective, non-partisan Election Performance Index. This bill will hopefully improve that ranking because it makes it easier to vote while also focusing on the security of the election system.
NEW: There's now a companion bill in the KY House, HB 574 (introduced by Repubs). It's largely the same as the Senate version: voter expansions like early voting, Vote Centers, absentee ballot portal; "integrity" measures like ban on ballot collection and risk-limiting audits.
I noticed a few differences between the bills, like the House version prohibiting anyone but Gen. Assembly from suspending or revising any statute pertaining to elections. There are a few other minor differences as well. But it's mostly the same.
This is GREAT news overall for KY. At a time when many other states are simply enacting voter restrictions, this bill would both expand voter access and hopefully make people feel more comfortable with an election's integrity. KY showing again how to be a leader in election law!
BREAKING: Supreme Court denies review of election cases from Pennsylvania. These cases raised the "independent state legislature" doctrine, saying only legislatures and no one else can change election rules.
At the request of some KY-based reporters, here are my thoughts on the 25th Amendment and impeachment:
As a law professor focusing on election law, voting rights, and constitutional law, I teach my students to uphold the rule of law and fight for justice. The events of January 6, 2021 demonstrate that the President of the United States has failed...
... to remain faithful to these ideals.President Trump took an oath of office to preserve, protect, and defend the U.S. Constitution. The events of the past few days have demonstrated that he has no interest in doing so.
Usually no one pays attention to Jan. 6 after a presidential election. But today the world is watching. Follow along, if you dare, as we watch Congress. We know the outcome: Joe Biden's win will be official. But it could be bumpy. 1/
What normally happens? A fairly boring, routine joint meeting of the Senate and House in which they open the electoral college votes from each state, in alphabetical order. Senators and House members can object, but it's usually not drawn out. 2/
The vice president presides as the the president of the Senate. There are two "tellers" from each House. The process goes through all 50 states and DC, and the winner is announced. All routine. Even Al Gore presided to announce his own loss in Jan 2001. 3/
THREAD: Just a small sampling of the times that judges (many of them appointed by Trump) rejected claims of election integrity issues, and not just on technical grounds.
THREAD: It's Electoral College day! The Electoral College meets today--but not all together! The 538 members who will vote for president will meet in each state. The process is almost as arcane as its manner of representation to select the president. Some details... 1/
In 33 states (and D.C.), electors are required to vote for whoever won their state. The Supreme Court upheld these "faithless elector" laws earlier this year. In 17 states, electors can vote for whoever, though no one will change their votes this year. 2/ fairvote.org/faithless_elec…