voting and COVID

No No-Excuse Absentee Voting in the Magnolia State

Election Law Society · October 19, 2020 ·

By Catrina Curtis

While the entire country will vote in an important presidential election in November, Mississippians will also vote on significant state ballot measures, such as legalizing medical marijuana, approving a newly designed state flag, and repealing a Jim Crow-era election law. However, because Mississippi has not fully relaxed its mail-in voting requirements, despite the ongoing COVID-19 pandemic, there is fear that not enough has been done to protect Mississippians’ ability to vote in such a crucial election.

One driving force behind the fear of strict absentee voting in Mississippi is the state’s large black population. Mississippi has the highest black population in the country, at 37.8%, and COVID-19 disproportionately affects minorities. Some believe the state is particularly failing to protect both its minorities’ health and voice in this year’s critical election. Late this summer, the Lawyers’ Committee for Civil Rights Under Law along with the Southern Poverty Law Center and the American Civil Liberties Union of Mississippi, along with the Mississippi Center for Justice, filed separate lawsuits on behalf of Mississippi plaintiffs. Both suits, one at the state level and one at the federal level, allege that the state is failing to adequately protect Mississippians’ constitutional right to vote during the current pandemic.

Coming To A Stadium Near You: Ballot Drop Boxes Facilitate Early Voting In California’s 2020 General Election

Election Law Society · October 16, 2020 ·

By: Samuel Petto

Visitors to California’s Staples Center will soon be greeted by more than lines of cheering fans for the latest Lakers game. For the first time in its history, the Staples Center will serve as a vote center in the upcoming November election. It will also be a designated vote by mail drop box location for those who prefer to drop off their mail-in ballot provided by the L.A. County Registrar’s office.

The absentee ballot drop box is an increasingly popular option for voters hoping to cast completed mail-in ballots without using the mail. While some states have successfully used ballot drop boxes for years, the coronavirus pandemic has expanded the practice throughout the United States as election officials express concern about the U.S. Postal Service’s capacity to deliver ballots on time. Although some states still prohibit the use of ballot drop boxes due to the risk of voter fraud, localities across California–from Los Angeles to Sacramento–are preparing for voters to cast ballots in record numbers via this method.

Postmark on Validity: Nevada’s Mail-in Ballots and the Constitution

Election Law Society · October 14, 2020 ·

By: Liz DePatie

On Monday, August 3^rd, the Nevada governor signed Assembly Bill No.4 (AB4) into law. On Tuesday, August 4^th, President Trump’s campaign filed a lawsuit claiming the law was unconstitutional. Thus, Donald J. Trump for President v. Cegavske was born.

AB4 was drafted and passed by the Nevada legislature in response to the ongoing COVID-19 pandemic. The goal of the bill is to make mail-in and early voting easier and safer for Nevadans during times of crisis. Among other things, the bill validates and counts ballots with unclear postmark dates to be counted if received within three days of Election Day

“Give me an absentee ballot, or give me death!”

Election Law Society · October 12, 2020 ·

By Parker Klingenberg

Oklahoma is just one of three states, joining Mississippi and Missouri, requiring absentee ballots to be officially notarized. This is a problem for many people in 2020 where it is difficult to do, well, almost anything without putting your health at risk. Before a major vote in Oklahoma on June 30 for the party primaries and a state question regarding expanding Medicare, the Oklahoma Supreme Court struck down this requirement in lieu of the pandemic. In response, the Oklahoma legislature immediately passed Senate Bill 210, which waived the notary requirement if a state of emergency had been declared or existed within forty-five days of an election. However, they did not eliminate the barrier completely; instead of notarization, an absentee voter must now include a photocopy of a valid photo ID. When the issue turned to the Federal District Court, Judge John Dowdell of the Northern District of Oklahoma denied a request for temporary injunction requesting a curtailing of absentee voting requirements, specifically pointing to Senate Bill 210 allowing exceptions in a state of emergency, writing that “the state has put in place alternatives that do not necessarily require that voters have direct contact with others in order to cast an absentee ballot,” and that the absentee voting requirements in Oklahoma are “reasonable, nondiscriminatory and legitimate.”

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.