Residents of U.S. Overseas Territories File Reply Brief in U.S. Supreme Court in Illinois Voting Case

On September 11, the voters who formerly lived in Illinois, and who now live in Guam, Puerto Rico, and U.S. Virgin Islands, filed this reply brief in the U.S. Supreme Court. The case is Segovia v U.S. The Court has put the case on its October 5 conference.

U.S. citizens who move to a foreign country retain the right to vote absentee, in the state in which they lived before they left the country. In Illinois, if they move to American Samoa or Northern Mariana Islands, they also retain the right to vote absentee in Illinois elections. The only places in the world that are fatal for the ability to continue to vote in Illinois are Guam, Puerto Rico, and the U.S. Virgin Islands.

U.S. District Court Won’t Order Georgia to Replace Vote-Counting Machines for 2018 Election, but Warns State for Future

On the night of September 17, U.S. District Court Judge Amy Totenberg said she would not order Georgia to replace its vote-counting machines in time for the 2018 election. But she said that is only because there isn’t enough time to make the change. For the future, she said the lawsuit is “substantially likely” to invalidate future use of the machines. Read the 46-page opinion here. Twice the opinion relies on Bush v Gore. It also says the officials in charge of elections have “buried their heads in the sand”, because the machines are easily hacked and do not leave a paper trail. Thanks to Rick Hasen for this news.

U.S. District Court Promises Decision by September 19 in Case Over Whether Election Officials Can Disqualify Initiatives Based on Content

On September 17, oral argument was held in a U.S. District Court in Schmitt v Husted. This is the Ohio case over whether the First Amendment allows Ohio to let county election boards reject initiatives, based on their content. The plaintiffs filed the case after Portage County Board of Elections rejected some local initiatives, even though they had enough signatures. Plaintiffs argue that only courts can decide whether to reject an initiatve based on its content. The judge said he would rule by September 19.