Michigan voter denied ballot in 2022 settles lawsuit for $20,000
A western Michigan community has agreed to pay $20,000 to settle a lawsuit filed by a woman who was denied a ballot in the 2022 midterm election despite being registered to vote. Ashleigh Smith of Muskegon County was repeatedly turned away from her polling place after officials failed to find her name in the voter database.
Smith visited her polling location multiple times on Nov. 8, 2022, but was told her address didn’t appear in the electronic voter roster.
Holton Township Clerk Jill Colwell-Coburn later apologized but said there was nothing more she could do.
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Smith, who had a voter registration receipt and a sticker on her driver’s license confirming her new address, could have been given a provisional ballot under Michigan law. Local officials also had the option to re-register her on-site, but neither solution was offered.
Smith’s attorney, Mark Brewer, said the case highlights the importance of ensuring voters are not turned away, especially when the issue could be quickly resolved.
“No voter should ever have to leave a polling place without voting,” Brewer said. He emphasized that changes in Michigan’s election laws provide safeguards for situations like Smith’s.
The township settled the case quickly, acknowledging that its actions were unjustifiable. However, in a March court filing, an attorney for the township and clerk argued that the officials acted in good faith and believed they were following the law.
Why Trump campaign is against certain voter registration efforts in Michigan
Former President Donald Trump’s campaign and the Republican National Committee (RNC) announced a lawsuit against Michigan Gov. Gretchen Whitmer, D, on Monday, July 15, to block some of her voter registration efforts in the state. The lawsuit claims that the state of Michigan violated the National Voter Registration Act by using the Department of Veterans Affairs (VA) and Small Business Administration (SBA) sites for voter registration efforts.
The Trump campaign and RNC argue that Whitmer and Michigan Secretary of State Jocelyn Benson did not have the authority to strike agreements with the institutions as “voter registration agencies” (VRAs) because state law only allows the Legislature to make those designations.
The suit also cites concerns over election integrity.
“The RNC and its members are concerned that [Whitmer’s] failure to comply with Michigan statutes governing VRA designation undermines the integrity of elections by increasing the opportunity for individuals to register to vote even though they are not eligible to do so, and by sowing confusion regarding whether agencies purporting to offer assistance in registering voters are doing so in accordance with applicable law,” the lawsuit states.
The plaintiffs claim the governor’s efforts have hurt them financially and politically by forcing them to use already scarce resources in way they otherwise would not have to.
Trump’s campaign and the RNC’s lawsuit seeks for the VRAs to be ruled unlawful in Michigan. They also want a permanent injunction barring the governor from designating any VRAs without authorization from the state Legislature be issued.
Mark Brewer, an attorney and former chair of the Michigan Democratic Party, contended that the filing was part of larger effort of “voter suppression.”
“They’re looking for every opportunity they can to discourage people from registering and voting,” Brewer said.
Michigan is a key battle state in the 2024 presidential election. Trump won the state in 2016 but lost it in 2020 to President Joe Biden. Currently, polling from The Hill shows Trump and Biden neck-and-neck in the state.
The House to vote on the SAVE Act, proof of citizenship requirement to vote
As Congress reconvenes on Capitol Hill, all eyes are on the House of Representatives, where a pivotal vote is scheduled on the contentious Safeguard American Voter Eligibility (SAVE) Act. Introduced by House Republicans, this bill seeks to mandate proof of U.S. citizenship for all federal elections in an effort to prevent noncitizens from voting.
Under the current National Voter Registration Act, individuals attest to their citizenship by checking a box on registration forms. However, the SAVE Act proposes significant changes, requiring prospective voters to furnish documentation proving their citizenship. Accepted forms of proof include a U.S. passport, a photo ID card issued with proof of citizenship, or a combination of a photo ID and supporting documents like a birth certificate.
For those lacking these documents, states would gain access to federal agency databases to verify citizenship status for voter registration purposes, according to the text of the bill. The bill also includes provisions to remove noncitizens from voter rolls and grants discretion to the Department of Homeland Security to deport noncitizens found to have illegally registered to vote.
House Speaker Mike Johnson, R-La., has vigorously advocated for the SAVE Act, emphasizing its role in closing loopholes that allow noncitizen voting, enhancing election security and bolstering public trust in the electoral process. In a detailed plea to House members, Johnson underscored the necessity of passing the bill to safeguard American elections against foreign interference.
The SAVE Act has sparked intense debate along party lines. Democratic leaders who oppose the bill argue that it imposes undue burdens on various groups, including military personnel, Native Americans, naturalized citizens and elderly voters who may face challenges in acquiring the required documentation.
In a whip question, House Minority Whip Katherine Clark, D-Mass., criticized the bill as placing an “extreme burden” on millions of Americans, potentially disenfranchising vulnerable populations.
This vote follows a previous House decision in May, where a similar measure blocking noncitizen voting in Washington, D.C., garnered bipartisan support, with 52 Democrats crossing party lines to vote in favor. However, Democratic leadership is now urging solidarity among its ranks to oppose the SAVE Act.
Despite the anticipated House vote, prospects for the SAVE Act’s passage in the Senate remain uncertain. Even if approved by the House, the bill faces significant hurdles in the Senate, where partisan divisions could hinder its progress.
California sues to halt voter ID law from taking effect in Huntington Beach
California is taking legal action against Huntington Beach over its voter identification law. In a 320-page lawsuit filed on Monday, April 15, the state accuses Huntington Beach of violating California’s Constitution and election code by implementing a charter amendment mandating photo ID for local elections starting in 2026.
Huntington Beach contends that its city charter grants officials the authority to manage local affairs, including local elections. In addition to the photo ID requirement, the law mandates a provision of 20 in-person polling places and the monitoring of ballot drop boxes.
Attorney General Rob Bonta, D, criticized Huntington Beach’s law, claiming that the city cannot exempt itself from state laws governing voter registration and election integrity. He called the photo ID requirement “blatantly and flatly illegal,” asserting that the city knowingly violated the law.
The fight between California and Huntington Beach is a sign of a broader issue, with the city at the center of culture wars since the onset of the COVID-19 pandemic. Over the past four years, Huntington Beach has taken controversial stances, challenging state policies on masks, vaccines, housing, immigration and now election procedures.
The lawsuit follows warnings from Bonta and Secretary of State Shirley N. Weber last fall, telling the city that the voter ID measure could force them into legal action. Despite the warnings, Huntington Beach proceeded with putting the proposal on the March ballot, where voters approved the measure.
Supporters of the law say that it defends election integrity, citing concerns over noncitizen voting policies. However, opponents argue that Huntington Beach’s elections, overseen by the Orange County Registrar of Voters, are secure, and the city lacks the infrastructure to administer its local elections.
Weber described the law as a solution in search of a problem, contending that voter fraud claims lack substantial evidence. The legal battle comes as ongoing debates over voter ID laws continue, with Republicans pushing for stricter voter ID measures, while Democrats argue they will disenfranchise marginalized communities further.
US appellate court rules on Voting Rights Act: The Morning Rundown, Nov. 21, 2023
A federal court issues a ruling concerning the Voting Rights Act in a case that could end up at the Supreme Court. And the CDC is warning consumers about a listeria outbreak in fruit which has led to at least one death. These stories and more highlight The Morning Rundown for Tuesday, Nov. 21, 2023.
U.S. appeals court makes ruling on suits filed under Voting Rights Act
In its two-to-one ruling, the appellate court found that only the U.S. Attorney General has the power to file lawsuits under Section 2 of the Voting Rights Act, which prohibits racially discriminatory voting laws, not private citizens or groups like the NAACP.
The decision upheld a 2022 ruling by a U.S. district judge who dismissed a lawsuit challenging Arkansas’s new district map, saying the Justice Department needed to join the suit to move forward.
The voting rights group that filed the lawsuit claimed a new map of congressional districts was weakening the voting power of Black Americans in the area.
Though the appellate court decided only the U.S. government could file section 2 lawsuits, most cases brought under the Voting Rights Act come from private citizens.
In their decision, which only affects the states in the court’s jurisdiction, the judges noted that over the past 40 years, at least 182 successful Section 2 cases were filed, and only 15 were brought solely by the U.S. Attorney General.
Earlier this month, the U.S. Court of Appeals for the 5th Circuit gave an opposite decision from the 8th Circuit, ruling individuals have the right to sue under section 2. In June, the Supreme Court ruled in favor of private individuals in a section 2 case, ordering the state of Alabama to redraw its congressional map.
Defense Secretary Lloyd Austin makes surprise visit to Ukraine
It is one of the smaller installments of support as a Pentagon spokesperson recently said there is a need to “parse these out” as the timeline for Congress to pass another aid package for Ukraine is unclear. Still, the package marks the Biden administration’s 51st equipment installment being sent to Ukraine.
The package includes:
Stinger anti-aircraft missiles
One High Mobility Artillery Rocket System (HIMARS) and additional ammunition
More than 3 million rounds of small arms ammunition
Demolitions munitions for obstacle clearing
Cold weather gear; and
Spare parts, maintenance, and other ancillary equipment
The Associated Press reported that Zelenskyy called the meeting a “very important signal” for Ukraine in its fight for freedom. Senior defense officials say Austin’s meeting with Zelenskyy sent the message that the U.S. will continue to support Ukraine, even as the country focuses on additional challenges like the conflict in the Middle East.
Navy plane overshoots runway, lands in the ocean in Hawaii
A Navy plane overshot its landing on a Marine Corps base in Hawaii on Monday, Nov. 20, and ended up in Kaneohe Bay. Officials said all nine passengers on the plane escaped unscathed.
The plane missed the runway and landed in the water, similar to the 2009 “Miracle on the Hudson,” when pilot Chelsey “Sully” Sullenberger made an emergency landing in the Hudson River, saving the lives of all 155 passengers on board.
The Hawaii Coast Guard launched a rescue team, but the effort was quickly called off as all passengers made it safely to shore. No further information was given on a cause for what led the P-8A plane to overshoot its mark, but a meteorologist with the National Weather Service in Honolulu said that at the time of the incident visibility was about one mile.
2024 presidential debate dates and locations announced
Sept. 16 at Texas State University in San Marcos, TX
Oct. 1 at Virginia State University in Petersburg, VA – the first Historically Black College or University ever to host a general election debate.
Oct. 9 at the University of Utah in Salt Lake City, UT
The commission also announced a vice presidential debate for Sept. 25 at Lafayette College in Easton, PA.
It remains to be seen if the Republican frontrunner for the presidential election, former President Donald Trump, would agree to appear in these debates as he has not participated in any of the Republican primary debates so far, citing high poll numbers. However, he did tell Fox News in June that he wanted to debate President Biden.
Last year, the Republican National Committee cut ties with the Commission on Presidential Debates, citing bias against the GOP, but the decision to participate would come down to the nominee. Meanwhile, the Biden campaign has not yet confirmed if the president plans to participate in these debates.
1 death, 10 hospitalizations linked to listeria outbreak in fruit
According to the CDC, the outbreak has led to 10 hospitalizations and one death across seven states. The CDC said the fruit linked to the outbreak was distributed and sold at stores nationwide, including Walmart and Publix, under the brands “HMC Farms” and “Signature Farms.”
HMC has voluntarily recalled the affected produce, including fruit sold between May 1 and Nov. 15 of 2022 and the same dates this year. The CDC recommends checking your freezer and throwing away or returning food that meets the recall criteria.
According to the CDC, Listeria is the third leading cause of death from foodborne illness.
Overdue library book returned after more than a century
Reacting to the finding, St. Paul Mayor Melvin Carter joked on “X” that there would not be a late fee. St. Paul Public Library said the book most likely won’t go back into circulation due to its condition. A spokesperson added that, at this point, it’s not just an old book but an artifact.
Trump is first former president to be indicted on federal charges: June 9 rundown
Former president Donald Trump has been indicted on seven counts for mishandling classified documents. And Texas officials have deployed a new tactic at the U.S. Mexico border. A buoy border wall is now afloat. These stories and more highlight the daily rundown for June, 9, 2023.
Trump indicted on 7 counts for mishandling classified documents
For the first time in U.S. history, a former president has been indicted on federal charges. President Donald Trump has been charged by the Justice Department with seven counts for mishandling classified documents. Trump took to Truth Social to announce the indictment and proclaim his innocence.
“They go after a popular president, a president that got more votes than any sitting president in the history of our country, by far, and did much better the second time in the election than the first. and they go after him on a ‘boxes hoax,’” Trump wrote. “Just like the Russia, Russia, Russia hoax and all of the others, it’s been going on for seven years. They can’t stop, because it’s election interference at the highest level, there’s never been anything like what’s happened. I’m an innocent man, I’m an innocent person.”
He has been charged for the retention of national defense information, conspiracy, and obstruction among other things. The indictment has sparked fury in Republicans who claim the Justice Department is politically weaponized.
House Speaker Kevin McCarthy (R-CA), Florida Gov. and presidential candidate Ron DeSantis (R), and Elon Musk were quick to come to the president’s defense.
Before the news broke of Trump’s charges, President Biden defended the Justice Department’s independence, saying he has no say so in what cases the DOJ pursues. The announcement comes as Trump leads the GOP field of 2024 presidential hopefuls and three months after he faced 34 felony counts of falsifying business records in New York.
President Trump’s staff and security will be meeting the U.S. Secret Service to arrange plans for his travel and arraignment which is expected to be Tuesday, June 13 in Miami federal court.
Texas deploys buoy border wall to prevent crossings
Texas has installed a floating border wall made up of buoys to prevent illegal crossings across the Rio Grande River along the Texas-Mexico border.
Texas Gov. Greg Abbott (R) signed a number of bills on Thursday to boost border security and unveiled images of its buoy border wall that he said will be implemented “pretty much immediately.”
The buoys are military-grade, about 4-feet high, and equipped with weights and netting. They’re designed to rotate in order to keep people from scaling them. The state purchased 1,000 feet worth for $1 million. It is deploying the buoys in Eagle Pass, an area described as ground-zero for illegal border crossings.
This idea isn’t new. President Trump wanted buoys along the border back in 2020. This effort by Gov. Abbott and Texas officials is the latest at the state level to secure the U.S.-Mexico border.
“Nobody needs to be coming between the ports of entry, it’s dangerous,” the Texas Department of Public Safety’s Steve McCraw said. “Family units that come across the border are risking themselves and family members, putting themselves in harm’s way, and the only ones enabled and enriched and empowered are the Mexican cartels when that happens.”
Gov. Abbott signed six border security bills on Thursday. One bill classifies Mexican drug cartels as foreign terrorists. Another authorizes the Texas military department to use drones to help secure the border. And another helps Texas ranchers living in border communities, who have had their agriculture properties damaged by illegal immigrants, providing them up to $75,000 per incident.
It was also revealed yesterday that 11 states have now sent members of their National Guard to Texas to help secure the border.
NYC public schools switch to remote learning amid air quality concerns
New York City public schools, the largest school district in the U.S., will switch to remote learning today as a result of ongoing concerns over hazardous air quality in the area, according to the Department of Education.
Meanwhile, the New York Department of Environmental Conservation announced today that local air quality had improved to moderate overnight for the first time since Monday.
Predicted heavy rainfall later this weekend is also expected to bring further relief, as the National Weather Service anticipates that will help dissipate much of the smoke choking the region.
President Biden has said the U.S. will “respond promptly” to any Canadian requests for more firefighters to further combat the situation.
Supreme Court rules Alabama violated voting rights act
The U.S. Supreme Court delivered a surprising ruling Thursday that will force the state of Alabama to redraw district lines before next year’s election. The highest court found the state was in violation of the Voting Rights Act by not fairly representing its Black population.
In a 5-to-4 decision, with conservative Justices John Roberts and Brett Kavanaugh aligning with the court’s liberals, the court decided the state’s current Congressional map discriminates against voters. The justices struck down Alabama’s Republican-drawn map, which only included one majority-Black district out of seven, despite more than one-quarter of the state’s population being Black. The ruling means Alabama will have to redraw its Congressional map to include a second majority-Black district.
GM to use Tesla charging network for EVs
General Motors is now the second company to reach a deal with Tesla for access to 12,000 of its electric vehicle chargers in North America. GM plans to adopt Tesla’s charging port design in its future production of EVs and use adapters that fit Tesla chargers. Tesla and Ford came to a similar agreement last month. As a result of the deal, GM expects to save up to $400 million.
This move could influence the government to invest in Tesla’s charging technology as the Biden administration is investing billions in building out an EV charging network.
Most common text messages sent by scammers
Text messaging scams have cost Americans hundreds of millions of dollars. New data shows that scammers have doubled their profits off text-scams in one year and have quadrupled their earnings using this scheme in just three years.
A newly published FTC Scam Report revealed the most common type of text scams. The most common and costly to Amerians were texts that appeared to be sent from consumers’ banks.
Phony job offers came in third. And texts that appeared to be security alerts from Amazon came in fourth.
Even though scammers are making double-profits, the number of unsolicited texts has actually decreased year-over-year. But they still account for more than one-fifth of all fraud cases.
Merrill v. Milligan: Supreme Court hears Alabama redistricting case
The Supreme Court heard a redistricting case, Merrill v. Milligan, regarding Alabama’s new congressional map. The state has seven congressional districts, one of them is majority Black. The plaintiffs argued Alabama should have two majority Black districts because 27% of the state’s residents are Black.
“There is nothing race neutral about Alabama’s map,” Deuel Ross, an attorney from the NAACP Legal Defense Fund told the justices during oral arguments. “It allows white voters to deny Black voters the opportunity to elect representation responsive to their needs.”
Alabama Solicitor General Edmund LaCour defended the state’s new map, saying the goal should be to draw a map that is race neutral.
“Section Two does not and cannot obligate Alabama to abandon district lines enveloping the undisputed long standing community of interest in the Gulf to be replaced by district lines dividing black and white with such racial precision that Alabama could never have constitutionally drawn those lines in the first place,” LaCour said.
But the justices grilled LaCour. From Samuel Alito to Ketanji Brown Jackson, both conservative and liberal justices cast doubts on his arguments.
“Counsel, you have made a number of arguments, some of them are quite far reaching,” Justice Alito commented.
“I think I’m struggling, in the same way that some others have, about narrowing down exactly what your argument is,” Justice Barrett said.
The oral arguments revolved around the Gingles decision, a precedent setting gerrymandering case that created a three part test for proving a racial vote has been diluted under the Voting Rights Act.
The Gingles factors including: 1) demonstrating the minority group is sufficiently large and compact enough to constitute a majority in a reasonably configured district, 2) the minority group must show it is politically cohesive, and 3) the minority group must demonstrate the majority group votes together, therefore allowing them to defeat the minority group’s preferred candidate.
“We have to figure out whether you are claiming that we need to change Gingles in some fundamental way or whether you’re just saying that these plaintiffs just didn’t satisfy Gingles in the way we normally understand it,” Justice Ketanji Brown Jackson told LeCour.
The justices may make their own ruling on this case, but Justice Sotomayor also raised the possibility that it could be remanded back to a lower court, with new guidelines on how to make a decision.
North Korea missile test; Walker abortion accusation; AL redistricting case
On Oct. 4, 2022, North Korea conducted its longest-ever weapons test; a new report accused Herschel Walker of paying for an abortion; and the Supreme Court is set to look at an important redistricting case.
North Korea missile test – North Korea fired a nuclear-capable ballistic missile over Japan and into the Pacific Ocean Tuesday. The missile, which had the capability of reaching the U.S. territory of Guam and beyond, forced the Japanese government to issue evacuation alerts and halt trains.
“The ballistic missile firing by North Korea was an outrageous act that was absolutely impermissible,” Japanese Prime Minister Fumio Kishida said in response to the launch. “We will respond as soon as possible with the utmost vigilance.”
Tuesday’s launch was the most provocative weapons demonstration in a year that has seen the country test 40 missiles over about 20 different launches. In response, the South Korean and U.S. militaries launched fighter jets, which fired weapons at a target off South Korea’s west coast.
Herschel Walker accused of paying for abortion – According to a Daily Beast report published late Monday night, Georgia Republican Senate candidate Herschel Walker paid for an abortion for a now ex-girlfriend back in 2009. The Daily Beast spoke to the woman, who they say provided the following:
A receipt for the procedure
A get-well card from Walker
Bank deposit records that included a check from Walker dated five days before the receipt
Walker, a Republican who has strongly opposed abortion rights over the course of his campaign for senator, released a statement denying “in the strongest possible terms” what he called “a flat-out lie.” He said he would file a defamation lawsuit against the Daily Beast on Tuesday.
“This is another repugnant hatchet job from a Democrat activist disguised as a report who has obsessively attacked my family and tried to tear me down since this race started,” Walker said in the statement. “I’m not taking this anymore.”
Supreme Court to hear redistricting case – The Supreme Court is set to hear a redistricting case that could have major ramifications when it comes to minority voting power in the United States. Plaintiffs have sued to force Alabama officials to create a second Black majority congressional district. About 27% of Alabamians are Black, but they hold the majority in only one district.
A lower court had ruled the state’s refusal to create a second Black majority district violated the Voting Rights Act of 1965. The state argues it is taking a “race neutral” approach to redistricting, and that the lower court ruling would force it to sort voters by race.
Moore v. Harper tops list of Supreme Court cases to watch this term
The Supreme Court is beginning its new term and Justice Kentanji Brown Jackson is taking her seat for the first time. Justice Jackson, who replaced Justice Stephen Breyer, will not change the court’s 6-3 conservative ideology, but she will have a very important say in cases that could forever change voting, college admissions and immigration.
Here are the biggest cases to watch:
Students for Fair Admissions v. Harvard:
The justices will decide whether colleges can use race as a factor in admissions.
The ruling could overturn a previous decision, Grutter v. Bollinger, that states considering race in order to have a diverse student body does not violate the Equal Protection Clause and Title Six. The petitioners also want a ruling on whether Harvard is penalizing Asian American students by participating in racial balancing.
Harvard President Lawrence Bacow stated, “Considering race as one factor among many in admissions decisions produces a more diverse student body which strengthens the learning environment for all.”
This case is scheduled for Oct. 31.
Moore v. Harper:
The justices will determine whether state courts can nullify and replace regulations for federal elections put in place by legislatures.
It stems from a lawsuit in which the North Carolina State Supreme Court blocked a Republican-drawn congressional map. A trial court then appointed three experts to draw a new map and adopted it. The case revolves around the independent state legislature theory that only legislatures have the authority to regulate federal elections and state courts cannot interfere.
United States v. Texas:
This is the second term in a row in which the justices will rule on the Biden administration’s ability to enforce immigration policy as it sees fit.
A September 2021 memorandum by Homeland Security Secretary Alejandro Mayorkas instructed ICE to prioritize deportations for immigrants who are a threat to national security, public safety and border security. But Texas Attorney General Ken Paxton argued it led ICE to skip deportations for immigrants with criminal records.
The case will be argued the first week of December.
Merrill v. Milligan:
The justices will determine whether Alabama’s 2021 redistricting process violated Section 2 of the Voting Rights Act.
Alabama has seven seats in the U.S. House of Representatives. The petitioners argue it is wrong for the state’s new congressional map to only include one majority Black district because 27% of the state’s residents are Black. They assert there should be two majority black districts. The petitioners contend this was done to minimize the power of Black voters to elect their candidates. The case was brought forward by a group of registered voters and the Alabama NAACP.
It is scheduled for Oct. 4.
Side bar:
There will be one more important change this term. For the first time since the COVID-19 pandemic began, seating will be available to the public during oral arguments and masks will be optional. The court will continue providing a live audio feed.
