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I am excited to be restarting our regular Election Integrity calls every 2nd and 4th Friday at 7 a.m. It will be great to see you all again next week! Election Integrity champions and regular guests Sen. Bryan Hughes and Rep. Jacey Jetton will be joining Melissa Conway, the RNC's Texas State Director for Election Integrity, and RNC Texas Election Integrity Legal Counsel Donna Davidson.

Sen. Hughes is going to be updating us on recent legal rulings pertaining to Election Integrity. Rep. Jetton will be speaking with us about the implementation of SB1, specifically the "live camera" issue. Donna and Melissa will have reports on the primary election and the helping us prepare for the general election.

Register below for our first call which will be held on April 8th. I hope you are able to join us!

  State Legislation Highlights

States currently in Session: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, and Wisconsin.

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

States Sine die: Arkansas, Florida, Indiana, New Mexico, Oregon, Utah, Virginia, Washington, West Virginia, and Wyoming.

The Arizona legislature passed HB2492, which would require counties to check whether a voter is a U.S. citizen prior to processing their registration and requires counties to reject any federal applications if the individual is not a U.S. citizen. Any official who knowingly ignores the requirement could be charged with a Class 6 felony.

Colorado

State Senator Fenberg and Representative Lontine introduced SB22-153 , which specifies that while serving as a designated election official or a coordinated election official, a person is prohibited from knowingly or recklessly making, publishing, broadcasting, or circulating any false statement for the purposes of promoting misinformation or disinformation related to the administration of elections. It also allows the Secretary of State to certify an election if a majority of a canvass board in a county is unable to or does not certify the abstract of votes for any reason by the applicable deadline.

Kentucky

The General Assembly passed HB301 , the “Stop Outside Influence Over Elections Act of 2022,” which requires all costs and expenses related to election administration be paid for with public funds, prohibits a state governmental body employee from accepting anything of value to assist with election administration unless entered into as a lawful contract, requires all costs and expenses related to election administration be paid for with public funds, prohibits a local governmental body employee from accepting anything of value to assist with election administration unless entered into as a lawful contract, prohibits a county clerk or local governmental body employee from accepting any private monetary funds to assist with voter registration activities unless accepted as part of a valid contract, prohibits the State Board of Elections from accepting any private monetary funds for election administration unless accepted as part of a valid contract, prescribes criminal penalties for local and state governmental employees who fail to properly disclose communication from a federal executive branch agency and employees who accept a private contribution or anything of value to assist with election administration unless part of a valid contract, and prohibits unbudgeted federal appropriations for expenditures related to election administration. On March 24, 2022, HB301 became law without the Governor’s signature.

Minnesota

State Representative Daudt, et. al. introduced HF2732 , the “Minnesota Election Integrity Act,” which requires a photo ID both to register to vote and to vote; creates a voter ID card; establishes provisional ballots; prohibits certain methods of compensation related to absentee voting; requires ID of individuals acting as an agent for an absentee voter; requires ID of individuals providing assistance to a voter in a polling place; prohibits certain activities related to voter registration and absentee voting; prohibits counties, municipalities, and school districts from accepting certain contributions for election expenses; amends requirements for in-person absentee voting polling places; and increases certain criminal penalties for election code violations.

Utah

Last week Governor Cox signed HB313, a comprehensive election reform package. Highlights of the legislation include:

Arizona

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 were granted intervention to defend the laws. Defendants filed a motion to dismiss on November 18, and discovery is underway. Last week, 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. 

The AZ GOP and a Republican voter filed a lawsuit challenging the state’s mail-in voting laws . The lawsuit argues that absentee and mail-in voting violate the Arizona Constitution, or in the alternative, that Arizona should return to excuse-based absentee voting in place prior to 1991. The Democratic National Committee, the Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee, and the Arizona Democratic Party have moved to intervene in the case.

Arkansas

In February, the Arkansas Supreme Court affirmed the trial court’s decision not to dismiss the lawsuit challenging Arkansas’ voter integrity laws. A bench trial began on March 15. In a ruling from the bench, the court granted a permanent injunction for all four of the challenged election laws , finding “that defendant's stated concerns about election integrity and insecurity are based entirely on conjecture and speculation.” The Arkansas Attorney General has indicated that she will be filing an appeal.

Florida

In June, the RNC and NRSC were granted intervention in all four lawsuits challenging provisions of SB90. Judge Walker entered orders granting in part and denying in part defendants’ motions to dismiss. The court dismissed the claim challenging ballot harvesting provisions based on lack of standing. On December 17, the court denied all motions for summary judgment in the cases. The trial began January 31 and concluded on February 16.

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. In the 9^th case challenging SB202, the court dismissed the case without prejudice for failure to serve the defendants.

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, 2022 was pushed back in light of discovery disputes between the Iowa legislature and plaintiffs. On March 16, 2022, the Iowa Supreme Court granted certiorari to resolve these discovery disputes.

Kansas

On February 25, a federal court entered a permanent injunction and declaratory judgment in a lawsuit challenging HB 2332. The court declared that HB 2232 ’s bans on (1) third parties pre-filling advance ballot applications and (2) out-of-state organizations mailing advance ballot applications are unconstitutional under the First and Fourteenth Amendments, and enjoined the state from enforcing those provisions.

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 was granted intervention in the case. The district court initially granted an injunction that prohibited Michigan from enforcing its voter transportation restriction, but the Sixth Circuit reversed. On March 21, 2022, the RNC and other Republican groups filed a motion for summary judgment and asked the district court to dismiss the suit.

Nevada

Two Republican-led ballot initiatives are being challenged by Democrat-aligned activists. The Democrat-aligned activists sued in state district court in Carson City to stop an initiative to implement voter ID and an initiative to repeal portions of the state’s absentee ballot law.

New York

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.

The North Carolina legislature petitioned the U.S. Supreme Court to hear an appeal on a challenge to the state’s congressional and state legislative maps.

The trial in the federal NC voter ID case was put on hold by the trial court until the U.S. Supreme Court decides if the GOP legislators can intervene in the case. The U.S. Supreme Court granted a writ of certiorari to determine whether NC GOP legislators have a right to intervene in a case to defend SB824, which requires in-person voters to show photo identification. Oral argument took place on Monday, March 21, 2022.

Previously, in June, a 4th Circuit en banc panel affirmed the lower court’s order denying intervention, holding that the lower court did not abuse its discretion by denying permissive intervention or intervention as of right. The en banc court was nearly evenly divided.

There is also pending litigation in state court challenging the photo ID law. The RNC filed an amicus in support of the GOP legislators. A copy can be found here. The North Carolina Republican Party filed an amicus brief in that case arguing the trial court erred in concluding that the voter ID sections of SB824 were not severable from Section 3.3, which provides for statewide poll observers. The amicus can be found here. The NC Supreme Court also granted a motion to bypass the appellate court and hear the case.

Pennsylvania

On February 11, 2022, the RNC sued PA’s Bucks County Board of Elections for its refusal to provide records related to how it counts absentee ballots.

The PA Supreme Court heard oral argument on March 8 on the challenge to Act 77, the state law establishing no excuse absentee voting. The Supreme Court heard an appeal from a January 28 Commonwealth Court ruling which struck down Act 77, holding that 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.

In January, Republican David Ritter, a candidate for Judge of the Court of Common Pleas of Lehigh County, appealed the County Board of Election’s 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 Lehigh County Board of Elections 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. Democratic candidate Zachary Cohen filed an appeal with the PA Supreme Court. The PA Supreme Court denied the appeal.

In January 2022, five voters who failed to date their ballot sued the Lehigh County Board of Elections in federal court to have their undated votes counted. The County Board agreed to not certify the election until the litigation has been resolved. The lawsuit alleges violations of the Civil Rights Act and the 14^th Amendment. Republican candidate David Ritter was granted intervention in the case. On March 16, 2022, the 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 3^rd Circuit Court of Appeals issued a temporary injunction preventing the Lehigh County Board of Elections from certifying the results of the election.

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 Court of Appeals. The Department of Justice actively opposed the party committees’ intervention. Oral arguments on the intervention issue took place on March 7. Update: On March 25, 2022, the Fifth Circuit Court of Appeals ruled that the Republican committees were entitled to intervention as of right and ordered the district court to grant intervention to the committees.

In one of the cases challenging SB1, the court granted a preliminary injunction on the provisions that make it a crime for election officials to send a vote-by-mail application to registered voters who hadn't requested one. The Fifth Circuit heard oral argument on March 8 and subsequently certified questions to the Supreme Court of Texas.

In May 2020, activists sued the Texas Secretary of State over the 2017 election bill, HB 25. The district court declined to dismiss the case, and the Secretary of State appealed. On March 16, 2022, the Fifth Circuit reversed and ordered the district court to dismiss the case.

The Fifth Circuit Court of Appeals, 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 is not a proper defendant.

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. Motions to dismiss have been filed in the case and the state of Vermont moved to intervene to defend the charters. The RNC filed its opposition to the motion to dismiss on January 21, 2022. A hearing on the motion to dismiss in the Montpelier litigation is set for March 31, 2022.

In December, the Democratic Party of Virginia and the DCCC sued members of the Virginia Board of Elections  over the state’s law requiring voters to disclose their social security number when registering to vote. The Democrats allege the registration requirement violates the 1st and 14th Amendments and the federal Privacy Act. The lawsuit also challenges the state’s absentee ballot curing process, arguing that the deadline by which voters receive notice of defects of their absentee ballots is arbitrary. The Republican Party of Virginia’s motion to intervene was granted, while PILF's motion to intervene was denied by the court. On February 9, 2022, the Republican Party of Virginia filed a motion to dismiss.

The U.S. Supreme Court reversed and remanded a ruling by the WI Supreme Court that implemented the state legislative maps that were preferred by the state's Democratic governor.

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, 2022 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 15, 2022 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. This WI Supreme Court will hear merits arguments on the case on April 13, 2022. As reported by Breitbart , on March 23, 2022, the RNC, NRSC, and Republican Party of Wisconsin moved to file an amicus brief in support of Teigen.

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

For more information, please click here.

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What you need to know:

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What you need to know:

with any questions you might have at tad@toniannedashiell.com,