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Are long lines to vote in Georgia unconstitutional? We may soon find out

Election Law Society · September 30, 2020 ·

By Alex Lipow

In recent years, Georgia has become a posterchild for election controversies and administrative snafus. Election disputes have ranged from claims of unconstitutional racial gerrymandering to allegations of a conflict of interest in administering the 2018 gubernatorial election. With these issues in the background, a federal court is wrestling with a more fundamental question: do long voting lines in Georgia—which were the longest in the country in 2018 and 29 percent longer in black neighborhoods than in white neighborhoods—violate the U.S. Constitution? 

On August 6, 2020, three Georgia voters, the Democratic Senatorial Campaign Committee, and the Democratic Party of Georgia (the “Plaintiffs”) filed suit against Georgia’s secretary of state, members of nine county boards of election from counties with some of the longest lines in the most recent election, and members of Georgia’s State Election Board (the “Defendants”). In their complaint, the Plaintiffs contend that the long voting lines, which have become longer and longer in each of the most recent elections, stem from the Defendants’ “persistent closure and consolidation of polling locations and failure to provide adequate election equipment, elections officials and volunteers with sufficient training, available technicians to address technical problems that arise, sufficient time to set up polling locations, and emergency paper ballots for backup when equipment breaks down or malfunctions.” 

[Read more…] about Are long lines to vote in Georgia unconstitutional? We may soon find out

HB 1169, North Carolina’s COVID-19 Election Remedy: A Sufficient Compromise or Too Far and Not Enough?

Election Law Society · September 23, 2020 ·

By: Forrest Via

It’s no news to anyone that the COVID-19 pandemic has significantly changed how Americans go about their daily lives, affecting many activities that we once took for granted as safe. Voting has not been spared from this list. With the November 2020 election quickly approaching, states across the country have adopted measures aimed at ensuring the safety of those casting ballots and supervising the polls on November 3.

North Carolina is one such state. This summer, the North Carolina General Assembly passed HB 1169 (now Session Law (NCSL) 2020-17 after Governor Roy Cooper’s signature in June), a bipartisan piece of legislation that, among its many provisions, lowers the state’s absentee ballot witness requirement to one person; allows individuals to request absentee ballots via email or fax; and provides funding for election officials to carry out their duties in the face of challenges presented by the pandemic.

[Read more…] about HB 1169, North Carolina’s COVID-19 Election Remedy: A Sufficient Compromise or Too Far and Not Enough?

All Eyes on Absentee Voting: Wisconsin Races to Distribute Ballots After Green Light from Supreme Court

Election Law Society · September 21, 2020 ·

By: Mikaela Phillips  

The April 2020 presidential primary in Wisconsin drew national attention during the early days of the coronavirus pandemic. Even the United States Supreme Court weighed in, blocking the extension of absentee voting beyond the statutory deadline that requires ballots to be received by 8 p.m. on election day.

In April 2020, the state saw a surge in voting by mail. Absentee ballots accounted for roughly 6% of the votes tallied in the 2016 and 2018 general elections in Wisconsin. In stark contrast, over 60% of the total votes counted in the April primary were cast via absentee ballots. However, that figure does not paint the whole picture of rise in vote by-mail efforts. The state rejected over 23,000 mail-in ballots during the primary, most often due to witnesses’ failure to complete one line of the certification form.  [Read more…] about All Eyes on Absentee Voting: Wisconsin Races to Distribute Ballots After Green Light from Supreme Court

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