Friday, March 27, 2020

Governor Wolf's Signature Sends Pennsylvania Primary Off to June 2

Pennsylvania Governor Tom Wolf (D) on Friday, March 27 signed into law several measures intended to better position the state to respond to the coronavirus outbreak. Among the bills signed was SB 422, legislation to postpone and reschedule the primary in the Keystone state for June 2.

Pennsylvania now joins four other states -- Connecticut, Delaware, Maryland and Rhode Island -- that were scheduled for the Acela primary on April 28, but have shifted back five weeks to ideally avoid the overlap of peak coronavirus spread and in-person primary election voting.

Pennsylvania will now be moved to June 2 on the 2020 FHQ presidential primary calendar.


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Governor Wolf's press release on the bill signings is archived here.



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Related posts:
Proposed Deal Would Shift Pennsylvania Primary to June 2

Amended Bill to Move Pennsylvania Primary to June 2 Passes House

Pennsylvania Primary Bill Passes State Senate, Heads to Governor

Nebraska Will Now Mail Absentee Ballot Applications to Every Voter Ahead of May 12 Primary

Nebraska joined the ranks of states turning toward absentee vote-by-mail as a response to the coronavirus pandemic's impact on the electoral process.

On Thursday, March 26, Nebraska Secretary of State Bob Evnen (R) announced that the state, through the secretary of state's office, or county elections officials would mail out to every voter in the Cornhusker state an application for an absentee ballot for the May 12 primary. This process is akin to those adopted in states like Georgia and West Virginia thus far. In-person early voting (April 13-May 11) and in-person election day voting remain in place, but all Nebraska voters will have the capacity to vote-by-mail if they so choose in order to avoid the further spread of the coronavirus.

Once applications are distributed, voters will then have until May 1 to request an absentee ballot. Although the application will be a hard copy that requires a physical signature, voters have the option of signing them and then either taking a picture of the form or scanning it, before returning it via email or fax. Mail and physical drop offs at the county offices are other options available to voters to submit their applications.

Requested ballots will begin being mailed out to voters on April 6. Voters will then have until election day -- May 12 at 8pm when polls close -- to have mail-in ballots returned to county elections administrators. The postmark of any mail-in ballot is immaterial. The ballot has to physically be into the county offices by the close of the polls on election day.



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Nebraska Secretary of State Evnen (R) statement archived here.

West Virginia Secretary of State Lays the Groundwork for a Predominantly Vote-By-Mail Primary on May 12

A week after he made the coronavirus threat a valid excuse for requesting an absentee ballot, West Virginia Secretary of State Mac Warner has announced that the state will help county elections officials with funding the mailing of absentee ballot applications to all Mountain state voters.

No, the date has not changed, but the way in which the May 12 primary (for presidential and other offices) is conducted will be. In-person early and in-person election day voting are still available options at this time, but all West Virginia voters will now have an alternative that will allow them to stay at home and still participate in the primary election.

There are now 46 days until the May 12 primary. In that window of time, the West Virginia secretary of state's office or local county elections officials will have to mail out absentee applications to all of the active voters in the state. One complicating factor on that front is that West Virginians still have until April 21 to register to vote in the upcoming primary. That may entail more than just one mass mailing of absentee applications.

After that voters have to fill out the application, return it via voter-paid postage to the county board and await the ballot's arrival. It is unclear whether voters can continue to use the online application that can be returned to the county board via email or fax and avoid paying postage with the mailed form. Regardless of the method, voters have until May 6 to submit their applications for an absentee ballot.

Once received, the ballot may be filled out and must be returned, postmarked by May 12 (primary election day) to be counted. That means that results will likely be slower in coming in and potentially undetermined until after election day.

West Virginia now joins a raft of other later-voting primary states in shifting in the direction of more widespread vote-by-mail systems in response to the coronavirus threat. The new West Virginia systems mimics the new protocols adopted in states like Georgia, where absentee applications are being mailed to all active voters. Ohio, on the other hand, is sending an informational mailing describing how voters can request an absentee ballot. That contrasts with a state like Alaska where the Democratic Party is allowing its party-run primary voters to download a ballot directly in order to participate.

This is an important point: States and state parties are dealing with the electoral impact the coronavirus presents, but are doing so in a wide range of ways. That will create uneven results for voters across states; more obstacles in some than in others.

Georgia House Speaker Calls for Another Presidential Primary Move in the Peach State

It is one thing to announce a change in electoral law or administration. It is another to effectively and efficiently implement those changes in a timely manner in normal times much less during a global pandemic.

FHQ raised this in the context of the Ohio decision to shift to a predominantly vote-by-mail system for a would-be April 28 presidential primary. In Ohio's case, that leaves the state and its election administrators on the state and local level with less than five weeks to carry everything out. That is no easy task.

But now, in Georgia, similar logistical concerns have been raised about the state's now May 19 presidential primary (which has been consolidated with a previously scheduled primary for other offices). Less than two weeks after Secretary of State Brad Raffensperger (R-GA) issued an order pushing the presidential primary back, calls are coming in from high places to again change the date of the primary election amid the coronavirus scare. Georgia House Speaker David Ralston (R), in a press release on Thursday, March 26, asked Raffensperger to move the primary to June 23, citing public health concerns of voters and poll works and other primary (non-presidential) moves across the South.

Moreover, Ralston raised the time crunch and the breadth of changes Raffensperger has announced with respect to how the May 19 primary will be conducted. While the speaker commended those actions -- shifting to a absentee vote-by-mail system -- Ralston also raised the need for "full and thorough legislative consideration before implementation." Georgia still has some time -- more than Ohio will have -- to send out absentee ballot request forms to all active voters in the Peach state, but getting those out, applications processed by state/local officials, ballots out and marked by voters, and then returned before May 19 -- just 53 days away -- is no small task.

Raffensperger has the authority to make these changes and press ahead -- the general assembly ceded that power in 2011 -- but Ralston's call begs for another set of eyes on the changes, a set of eyes in the legislative branch.


NOTE: A June 23 presidential primary date would violate the national parties' rules on the timing of delegate selection event. The deadline to hold primaries and caucuses is June 9 for the Democratic National Committee and June 13 for the Republican National Committee.


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Speaker Ralston's press release on a primary move to June 23 is archived here.


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Related Posts:
Georgia Postpones Presidential Primary, Consolidates with May Primaries

Georgia Will Send Absentee Request Forms to All Active Voters for May 19 Primary

Chorus for an Even Later Georgia Presidential Primary Grows

Thursday, March 26, 2020

Ohio Legislature Unanimously Passes Bill to Transition to Absentee Vote-By-Mail in Presidential Primary

The Ohio legislature on Wednesday, March 25 unanimously passed legislation mapping out a finish to the March 17 presidential primary that was postponed.

Both the Ohio state House and Senate made quick work of an omnibus bill -- HB 197 -- dealing with broader coronavirus concerns. And part of that was finalizing how to complete the March 17 presidential primary election. In the bill, the provisions with direct influence on the presidential primary call for...
  1. The bill voids of Secretary of State LaRose's (R) March 16 directive postponing the March 17 primary and moving it to June 2. That change is now nullified. 
  2. In its place will be an absentee voting system to handled almost completely by mail. [The only exceptions to that are those voters with disabilities, cannot receive mail at their address or have some other need for accommodations/in-person voting.]
  3. Voters who cast ballots either early or absentee ahead of the March 17 primary will have their votes counted. That total comes to 523,522 early or absentee votes with another 66,723 requested absentee ballots outstanding. That latter group can still submit their ballots and have them counted. 
  4. All voters who registered to vote before February 18, 2020 and who did not vote early or absentee can request an absentee ballot in lieu of any in-person voting. All registered Ohio voters will receive a postcard from the secretary of state informing them of the ways in which they can participate, including absentee vote-by-mail. 
  5. Any voter who registered after February 18 is ineligible to participate. In fact, the bill calls on county boards of elections not to process those registrations at this time. 
  6. Voters can request an absentee ballot by printing off their own copy or by contacting their county board of elections. Voters will be required to pay postage to return those absentee requests. Should those requests be deemed valid by county elections administrators, then valid application voters will be sent an absentee ballot with pre-paid postage for returning it. 
  7. The deadline for returning ballots is April 28, 2020, but if the ballot is postmarked by April 27, then they will be accepted until May 8, 2020
The office of the secretary of state estimates that postcard notifications will be delivered sometime during the second week of April meaning that voters prompted by the postcards will have between 16-22 days to print off an absentee request, mail it to the county board of elections (with voter-paid postage), wait for the absentee ballot to arrive by mail, and return the completed ballot (postmarked) by April 27. That is a lot to ask of voters -- a lot of changes to throw at them -- in such a short period of time.

But it will allow Ohio to complete the voting that started before the original March 17 primary in a manner that greatly reduces face-to-face contact between the voters themselves not to mention voters and poll workers, and thus, the risk of further spread of the coronavirus.

The bill is set to take effect immediately upon Governor DeWine's (R) signature.

Regardless, April 28 is now just 33 days away.


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Related Posts:
Ohio Presidential Primary Postponed Until June 2

Alaska Republicans Will Convene April State Convention Electronically

In response to the coronavirus pandemic, the Alaska Republican Party has called an audible on its state convention set to gavel in on April 3 and continue through April 4.

State party chair, Glenn Clary, announced that both the April 2 state central committee meeting and the state convention would meet electronically, canceling the in-person gathering planned to take place in Juneau. The state central committee in its meeting will select a slate of 29 delegates to the national convention that the state convention participants will vote on electronically on April 3.

Those 29 delegates will likely all be bound to President Trump. Alaska Republicans earlier became part of the group of Republican states that canceled delegate selection events for the 2020 cycle.


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Alaska Republican Party chair's press release archived here.


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Related Posts:
Alaska Democrats Extend Mail-In Voting Window, Cancel In-Person Voting

Indiana Elections Commission Authorizes No Excuse Absentee Voting in June 2 Primary

The Indiana Elections Commission on Wednesday, March 25 voted to allow for no excuse absentee voting in the now June 2 primary in the Hoosier state. While Indiana allows absentee voting, it has in the past been allowed only with an excuse.

But in the wake of the developing coronavirus pandemic and Governor Holcomb's response to it -- pushing back the primary by a month -- the state elections commission has eased that restriction. Voters will still have to file a request for an absentee ballot by May 21, 12 days before the primary and eight weeks from now. Although that deadline is 56 days off, efficiently processing absentee requests will hinge on whether the county election board is open. But voters will have until noon on June 2 to get their ballots in to the county to be counted.

At this time, early and in-person voting are still planned for the June 2 Indiana primary, but the state Elections Commission will have another meeting on April 22 to decide whether the election should shift to a completely vote-by-mail process.


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Related Posts:
Indiana Delays Presidential Primary, Moves to June 2

Pennsylvania Primary Bill Passes State Senate, Heads to Governor

On Wednesday, March 25, the bill to shift the date of the Pennsylvania primary continued its path through the legislative process. After an amended version passed the state House on Tuesday, SB 422 went back to the state Senate for considerations of the changes.

That consideration was quick on Wednesday afternoon. The state Senate Rules and Executive Nominations Committee unanimously concurred with the House changes -- altering the primary date to June 2 and relaxing some absentee voting regulations -- before passing the bill off to the Senate floor. There the bill's fate was much the same as it was in the House. Senate concurrence with the House changes was unanimous, the bill was signed by both chambers and then sent off to Governor Wolf.

The governor will likely act quickly on the legislation so planning for the change can continue.


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Related posts:
Proposed Deal Would Shift Pennsylvania Primary to June 2

Amended Bill to Move Pennsylvania Primary to June 2 Passes House

Wednesday, March 25, 2020

New York State Legislature Begins Working on Alternatives to April 28 Presidential Primary

Over the last few days the New York state assembly began work on an effort to plan for an alternative to its April 28 presidential primary amid the coronavirus threat. Thus far that has taken a couple of different forms.

The first is a bill -- A 10207 -- sponsored by 16 Democrats in the Assembly. It would keep the date on April 28 but move to an all absentee election. Voters would not be asked to submit any request for an absentee ballot. Instead, the local board of elections would send out ballots to voters at least 15 days before the late April primary. That would put a significant burden on local elections officials in a short window of time. April 13 -- 15 days before the planned primary on April 28 -- is less than three weeks away. Even with more time, a transition to an all-absentee process would be expensive and challenging for local elections officials. With a time crunch, it would likely be worse. And with New York the epicenter of the coronavirus spread and social distancing being stressed/enforced, it would be even more difficult.

While the absentee bill may not see the light of day due to implementation conflicts, the second set of bills may. There are identical bills -- one in the Assembly (A 10173) and one in the Senate (S 08108) -- that call for the April 28 New York primary to be consolidated with the primary for other offices on June 23. While that would certainly provide New York with a lot of time to get out from under the shadow of this coronavirus outbreak, it would put both state parties squarely in the crosshairs of national parties' rules. June 23 would come after the date on which the DNC requires states to have conducted delegate selection events (June 9) and also after a similar RNC deadline (June 13). That would make both state parties vulnerable to penalties associated with timing violations, a 50 percent reduction in the Democratic delegation and a more than 90 percent delegation reduction under the Republican super penalty.

The DNC Rules and Bylaws Committee has already issued a memo cautioning states about shifting to dates that fall outside of the window in which states are to hold delegate selection events. And this is not exactly overly harsh in the context of the coronavirus. Yes, the states need some more time, but the national committee also needs time to finalize the delegate selection process and prepare for a convention that will gavel in just around three weeks after any June 23 contest. That is a quick turnaround. And would represent one more loose thread in a sea of them as the coronavirus continues to affect electoral implementation in the context of the nomination process in both parties.

Carney Executive Order Moves Delaware Presidential Primary to June 2

On Tuesday, March 24, Governor John Carney (D-DE) amended his coronavirus emergency declaration to include a shift in the Delaware presidential primary. Like Connecticut, Maryland and Rhode Island before it, the presidential primary in the First state now moves back five weeks from April 28 to June 2.

Those four states' changes have left just New York and Pennsylvania on the fourth Tuesday in April date that all six states had occupied until the recent threat of the coronavirus began to wreak havoc with the 2020 primary calendar. Pennsylvania, too, is working on abandoning what is left of the former Acela primary in favor of a June 2 primary.

As with all of the other states that have changed their primary dates, the move changes when delegates are allocated, but potentially has a much greater impact on the sequence of the delegate selection process. Delaware is no exception.

Last week, on Monday, March 16, the Delaware Democratic Party altered the schedule for its state House district caucuses, the first step in the selection process. And although most of those district caucuses had been held and their work completed -- selecting delegates to subdivision caucuses (Delaware's "congressional districts") to be held May 9 -- the party over the weekend opted to postpone the remaining meetings. Remote and electronic meetings may be an option for Delaware Democrats, something other states have utilized in the early caucus stages of the selection process.

Regardless, some decisions will have to be made. A stoppage in the selection of subdivision delegates at state House caucuses affects the ultimate selection of district delegates on May 9 or whatever alternative date the state party might gravitate toward. And the selection of those delegates in turn influences the selection of statewide delegates. Those at-large and PLEO delegates to the national convention were also to have been selected on May 9 by a quorum of the very same district delegates also to have been selected on that date.

In essence, the pause button has been hit on the Delaware delegate selection process. And needless to say, with a new June 2 primary date, the selection will likely have to be adjusted anyway. The May 9 selection cannot go on as planned without the results of an April 28 primary. Slates of delegates could be chosen and filled later once allocated delegate slots are determined for each candidate, but it is more likely that Delaware Democrats will choose to conduct the selection process a bit later in the calendar, after the now June 2 primary.


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Governor Carney's press release on the executive order to move the primary is archived here.