Archives for October 2020

Mail-in-Voting: A Showdown in Texas Over Expanding Access Due to COVID-19

Election Law Society · October 12, 2020 ·

By Sikander Zakriya

There is a battle raging in the Lone Star State. No, not the one with COVID-19 – although it was the virus that gave this conflict new life.

A fight over mail-in-voting emerged between the Republican state officials in Austin and the Democratic clerk’s office in Harris County over whether the county can mail all of its residents an application to receive mail-in-ballots. The secretary of state and the attorney general sought to restrain the Harris County clerk from sending all residents of the county an application for a mail-in-ballot because the Republicans claim it will lead to mass voter fraud.

Harris County already sent applications for mail-in-ballots to voters over the age of 65 because Texas law permits those voters to automatically qualify for mail-in-ballots. However, the state of Texas filed suit against Harris County seeking an injunction prohibiting the clerk’s office from sending out the mail-in-ballot applications to all voters because they allege the move would violate Sections 31.005 and 84.012 of the Texas Election Code.

Racial Vote-Dilution Lawsuit Transforms Small Town City Council

Election Law Society · October 12, 2020 ·

By Jeffrey Tyler

A lawsuit brought by the NAACP Legal Defense Fund has finally allowed the Black residents of a small Alabama city to elect their preferred candidates for City Council. Since its incorporation in 1937, Pleasant Grove has not elected a single non-white City Council member – until now. The NAACP’s legal challenge, brought under the Voting Rights Act’s anti-racial-vote-dilution provisions, argued that Pleasant Grove’s “at-large, numbered-place” electoral system violated Section 2 of the Act because Black residents were consistently prevented from electing their preferred candidates.

Historic Change Again On the Horizon in Mississippi

Election Law Society · October 9, 2020 ·

By Tamikia Carr Vasquez

Mississippi, historically a hotbed of racial hostility between whites and blacks, is once again on the cusp of change. In June, the Mississippi legislature voted to remove the Confederate battle emblem from the state’s flag. In November, voters will have the opportunity to vote on removing the “Mississippi Plan” from the state constitution. This 1890 Jim Crow era provision states that to win certain statewide offices, a candidate must win the majority of the popular vote and win a majority of Mississippi’s 122 House districts. The Mississippi Center for Justice is on the forefront of leading the effort to abolish this procedure. In 2019, the Center worked on a federal lawsuit against the state. I recently spoke with Vangela M. Wade, President and CEO of the Center, about the background of the current electoral process, the prospects of the success of the referendum, and other election law issues facing Mississippi. This is part 1 of a two-part interview.

The Drop Box Dilemma: A Push to Expand Access To Voting in Ohio

Election Law Society · October 9, 2020 ·

By Nicholas Matuszewski

As with most states, Ohio has seen a number of election law cases this year centered around the COVID-19 Pandemic. One of these cases is Ohio Democratic Party v. LaRose. In late August, the Ohio Democratic Party and Lewis Goldfarb submitted a formal complaint in the Ohio Court of Common Pleas, Franklin County, against Ohio Secretary of State Frank LaRose.

The complaint alleged that LaRose erred when he decided that the state would use secure drop boxes to facilitate the return of marked absentee ballots but prohibited the placement of the drop boxes in any location other than the county board election offices. The plaintiffs argue that state law does not prohibit placing these drop boxes in locations other than the county board election offices. For that reason, and because many Ohio voters do not live near their county board election offices, the plaintiffs believe that LaRose should allow for more drop boxes in different locations.

After a Stormy Primary Season, New York Builds a Levee. But Will it Hold?

Election Law Society · October 7, 2020 ·

By Blake Vaisey

To say that New York’s primary election season this summer didn’t go well would be an understatement. Starting with a failed attempt to cancel the state presidential primary, the state faced a slew of issues regarding a huge influx of absentee ballot requests, an increase of 655% since the 2018 general election. Thousands of ballots were disqualified due to the state’s requirements for absentee ballots, with issues such as missing a dated postmark or misplaced signatures being the main causes of ballots being disqualified. Even issues outside of the control of the voter, such as damage caused by the post office, could result in the ballot being disqualified. These issues were compounded by the fact that a reported 34,000 absentee ballots were not mailed out to voters until one day before the primary.