mail-in ballots

Big Changes to Indiana Election Law: Curing Ballots & Private Funds

Election Law Society · October 18, 2021 ·

By all accounts and in unique ways, the 2020 election in Indiana was unprecedented. Like other states, Indiana faced impressive challenges and unexpected changes as a result of the ongoing pandemic, from the first postponement of a previously scheduled primary in Indiana’s two-hundred year history to staggering increases in absentee voting. Indiana legislators relied on both the lessons and the disputes of 2020 to make big changes to Indiana election law.

In 2021, Indiana State Senator Greg Walker introduced Senate Bill 398 and, following approval from the state legislature, Governor Holcomb signed the bill into law in April of this year. This post will focus on two interesting changes to Indiana election law brought about by this bill: new procedures for notifying and curing absentee ballots rejected due to signature mismatching, and private grants to fund local elections.

Don’t Get Caught Naked: The Pennsylvania Supreme Court Rules That Mail-In Ballots Without A Secrecy Envelope (“Naked Ballots”) Won’t Be Counted

vebrankovic · November 18, 2020 ·

By Jessica Washington

Ever heard of a naked ballot? It’s when a completed mail-in ballot is put into the paid postage envelope without first being put into a “secrecy envelope.” And the Pennsylvania Supreme Court has recently ruled that naked ballots are to be thrown out regardless of the validity of the ballot.

There is a provision in the Pennsylvania Election Code that requires mail-in ballots to first be put into a secrecy envelope and then that secrecy envelope containing the ballot will be put into a regular mailing envelope which has identifying information for the voter to fill out. It’s not uncommon for a voter—especially a voter voting by mail for the first time—to forget to put their ballot inside the secrecy envelope before putting it into the mailing envelope. But this common mistake could potentially disenfranchise 100,000 eligible voters whose ballot is correct save the secrecy envelope issue.

What’s in a Name?: Pennsylvania Requires Signatures For Mail-In Ballots To Be Counted And Decides Not To Throw Out Ballots For Signature Verification Issues

vebrankovic · November 16, 2020 ·

By Jessica Washington

Pennsylvania requires a signature for all mail-in ballots. The voter’s signature must match the voter’s permanent registration card. If the signature matches, the voter’s ballot is counted. If the signature does not match, the voter’s ballot is discarded.

Prior to this year, signatures for mail-in ballots have been an issue. They are poised to become an even greater problem as a result of the COVID-19 pandemic taking the world by storm. As a result of the pandemic, many people have begun to work from home, had their groceries delivered to their door, and have limited their need to go out in accordance with health guidelines. As a result of the COVID-19 pandemic, more people than ever are expected to vote through mail-in ballots. This increases the chance that more ballots than ever will be discounted as a result of rejected signatures.

Lawsuit Filed Over New York State Ballot Postmark Requirements

vebrankovic · October 30, 2020 ·

By: Blake Vaisey

New York is once again facing issues with its mail-in ballot system. A lawsuit filed on September 11 by, among others, Emily Gallagher, a candidate running for the New York State Assembly’s 50th District, claims that potentially thousands of ballots are going to be thrown out in future elections do to New York State’s postmark requirements, a problem that is compounded by the slowdown that the United States Postal Service has been facing in recent months.

The lawsuit is related to NY Elec. L. §8-412, which requires absentee ballots to have a postmark from the postal service showing the date on which the ballot was sent, and rejects ballots postmarked any time after the day of the election.

Squaring State Legal Challenges with Purcell

jaboone · October 29, 2020 ·

By Fiona Carroll

Following the near-disastrous administration of Georgia’s June primary, there are a number of suits pending that will determine how, when, and whether some voters may engage in the general election next month.

Just in the last week, courts have been sorting out how ballots will be counted. One of the most contentious of these issues involves Georgia’s absentee ballot reception deadline. With the current public health situation, demand for mail-in voting has skyrocketed. Voting rights advocates urged state election officials to extend the period for which county election offices would count ballots postmarked by Election Day to the three days following the general election. When officials refused, voting rights advocates sought an injunction to force the State to extend the deadline.