COVID-19

South Carolina and the Free and Open Elections Clause

Election Law Society · March 28, 2022 ·

By: Anna Miller

In May 2020, the Supreme Court of South Carolina was asked to rule on whether the COVID-19 pandemic constituted enough of a “physical disability” to allow all South Carolina voters to vote absentee in the 2020 election. Currently, South Carolina election law requires absentee voters to have an approved reason for casting an absentee ballot, including being unable to cast an in-person vote due to physical disability. South Carlina Code Section 7-15-310 defines physical disability as “a person who, because of injury or illness, cannot be present in person at his voting place on election day.”

In Bailey v. SEC, the South Carolina Democratic Party sued the South Carolina State Election Commission to reinterpret this provision in light of the global pandemic, which would allow every voter to vote absentee without changing South Carolina’s election laws. However, while this case was pending before the South Carolina Supreme Court, the South Carolina legislature made temporary changes to the election law allowing regions under a state of emergency declaration to vote absentee without a stated reason.

Nevada Expands Mail-In Voting Post 2020

Election Law Society · March 21, 2022 ·

The 2020 presidential election was historic for many reasons, among them, the special safety measures that state election administrators had to suddenly implement in response to the COVID-19 pandemic. In its effort to ensure voter safety in the 2020 election process, the Nevada legislature passed a law that would require all counties to mail absentee ballots to registered voters during emergency situations. The law aimed to make it easier for Nevadans to vote without having to physically go to the polls. The law also provided some procedural flexibilities in that it permitted the collection of mail-in ballots by third party collectors.

Maine Completes Expedited Redistricting

Election Law Society · February 4, 2022 ·

By: Connor Skelly

On September 29, 2021, Maine Governor Janet Mills signed legislation creating new maps for Maine’s Congressional, State House, and State Senate districts. In Maine, the power to draw districts is given to a bipartisan apportionment commission.

The composition of this commission is mandated by the Maine Constitution to be: three members of the Maine House of Representatives from the majority party who shall be appointed by the House Speaker; three members of the House from the next largest party who shall be appointed by that party’s leader; two members of the majority party from the state Senate who shall be appointed by the President of the Senate; two members of the Senate from the next largest party who shall be appointed by their party’s Floor Leader, the chairperson of each of Maine’s two major political parties; and three members of the public.