Voting Engineering

Campaign support of ballot initiatives not subject to dollar limits

Nevadans for Reproductive Freedom (NFRF) made an advisory opinion request to the Federal Election Commission regarding the application of the Federal Election Campaign Act and Commission regulations to federal candidates' and officeholders' activities in support of a state ballot initiative. NFRF is a Section 401(c)(4) tax-exempt organization and has a political action committee. NFRF asked if federal candidates and office holders may solicit funds on behalf of NFRF and its PAC without restrictions on amount or source both before and after the ballot initiative qualifies for the election. Because ballot initiatives are not "elections" within the meaning of the Act, restrictions otherwise applicable under the Act do not apply to this type of fundraising. May 1, 2024

Winner take all

Nebraska, with Maine, is one of the two states with electoral districts. In 2020 the NE-2 district gave its vote to Biden. Under a failed bill, Nebraska would have eliminated districts in favor of the winner-take-all arrangement used by 48 other states. A special session of the legislature in July to address property tax relief is expected but has not yet been announced as of May 6, 2024.

Without the Nebraska Second

The models assume that except for the seven swing states, each candidate will win the states and election districts won in 2020. For Biden, the total includes a Nebraska district that centers on Omaha. Nebraska is one of two states that have this arrangement. The other is Maine. An attempt was made earlier this year to change Nebraska to the winner-take-all system used by other states. It was unsuccessful, and it is not clear if another attempt will be made. Should it be or if the Nebraska Second this time votes for Trump, possible outcomes differ.

A tie outcome that was produced by Biden winning only Wisconsin, Michigan and Pennsylvania, now has three different possible scenarios

  • Wisconsin, Georgia and Pennsylvania

  • Wisconsin, Pennsylvania and North Carolina

  • Arizona, Michigan and Pennsylvania

Those three scenarios, which were formally wins, are replaced as the smallest possible victories by

  • Nevada, Wisconsin, Arizona and Pennsylvania

  • Arizona, Georgia and Pennsylvania

  • Arizona, Pennsylvania and NC North Carolina

Election contest preparations

RNC plans to turn out a staff of 100,000 workers and volunteers to contest election processes and results. Initial activities are directed to the seven swing states plus California, Texas, Florida, New York, Ohio and Montana. April 19, 2024

Mail-in ballots received after election day

On May 3, 2025, the Republican National Committee and others filed a complaint in Federal District Court for the District of Nevada against Nevada election officials seeking to prevent mail-in ballots not received by election day from being counted.

REPUBLICAN NATIONAL COMMITTEE; NEVADA REPUBLICAN PARTY; DONALD J.TRUMP FOR PRESIDENT 2024, INC.; and DONALD J. SZYMANSKI, Plaintiffs, v.CARI-ANN BURGESS, in her official capacity as the Washoe County Registrar of Voters; JAN GALASSINI, in her official capacity as the Washoe County Clerk; LORENA PORTILLO, in her official capacity as the Clark County Registrar of Voters; LYNN MARIE GOYA, in her official capacity as the Clark County Clerk; FRANCISCO AGUILAR, in his official capacity as Nevada Secretary of State, Defendants. Case 3:24-cv-00198.

Nevada contravenes those federal laws by counting mail ballots that are received up to four business days after Election Day, Nev. Rev. Stat. §293.269921(1)(b), and by presuming that ballots received up to three days after Election Day “have been postmarked on or before the day of the election,” id. §293.269921(2). Nevada effectively extends Nevada’s federal election past the Election Day established by Congress.

Comment Similar actions can be expected in all other jurisdictions that have similar arrangements. One of the allegations cites the

Exercising that power [pursuant to the Electors Clause], Congress has established that “[t]he electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.” 3 U.S.C. §1. [emphasis added]

which could also be used to argue that electors must be appointed on election day and which could also be used to argue that electors must be appointed on election day and that no votes counted after midnight can be considered. However, that argument runs counter to 3 U.S.C. § 5

(a)In general.– (1) Certification.–Not later than the date that is 6 days before the time fixed for the meeting of the electors, the executive of each State shall issue a certificate of ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and ascertainment enacted prior to election day.

Kemp signs three election bills that

Senate Bill 189, which makes it easier to file mass voter challenges, eliminates QR codes from paper ballots, and eases requirements for third-party presidential candidates to get on Georgia’s ballot. House Bill 1207, which allows fewer voting machines on election days, requires poll workers to be U.S. citizens, and allows closer access for poll watchers. House Bill 974, which requires the secretary of state to set up a statewide system to scan and post paper ballots at a minimum resolution and requires more audits of statewide election results. [From the link] Text Summary

Georgia Election Board considering rule to require "reasonable inquiry"

“‘Certify the result of a primary, election, or runoff,’ or words to that effect, means to attest, after reasonable inquiry, that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”

AJC reporting

A decision is pending in Donna Curling, et al. v. Brad Raffensperger, et al., No. 1:17-CV-2989-AT, in Federal District Court for the Northern District of Georgia in which an attempt is being made to require paper ballots. Summary

©2024 Richard Careaga. All rights reserved. Last modified: May 13, 2024.