The Coronavirus Weekly Update summarizes major changes due to the coronavirus pandemic in politics, government, and elections. Today, you will find updates on the following topics, with comparisons to our previous edition released on Aug. 13:
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Election changes
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School closures and reopenings
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Lawsuits about state actions and policies
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Travel restrictions
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Ballot measure changes
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1918 story
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Federal responses
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Stay-at-home orders
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Eviction and foreclosure policies
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Diagnosed or quarantined public officials
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State legislation
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State legislative sessions
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State courts
For daily news on state reopening plans and which industries and activities are permitted across the country, subscribe to Documenting America's Path to Recovery.
Election changes
Read more: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020
Overview:
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Twenty states have postponed state-level primary or special elections.
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Nineteen states have modified their candidate filing requirements.
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Forty states have made modifications to their voting procedures.
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Political parties in 19 states have made modifications to party events on a statewide basis.
Details:
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Kentucky: On Aug. 14, Gov. Andy Beshear (D) and Secretary of State Michael Adams (R) announced several changes for the Nov. 3 general election, including the extension of absentee/mail-in voting eligibility to all voters "concerned with contracting or spreading COVID-19."
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Nebraska: On Aug. 19, Secretary of State Bob Evnen (R) announced that his office would automatically send early/mail-in ballot applications to all registered voters in the Nov. 3 general election whose home counties had not already done so.
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New Jersey: On Aug. 14, Gov. Phil Murphy (D) announced the state would automatically send mail-in ballots to all voters in the Nov. 3 general election.
School closures and reopenings
Read more: School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year
Overview:
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In March and April, 48 states closed schools to in-person instruction for the remainder of the 2019-2020 academic year. Those states accounted for 99.4% of the nation's 50.6 million public school students. Montana and Wyoming did not require in-person instruction for the year. Montana schools were allowed to reopen on May 7 and Wyoming schools were allowed to reopen on May 15.
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Seventeen states have reopened their campuses for students and staff.
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Seventeen states have released reopening guidance and also announced a scheduled reopening.
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Officials in 16 other states have released guidance for reopening schools to in-person instruction, but have not indicated when or whether they plan to do so.
Details:
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Arizona - Beginning Aug. 17, school districts were allowed to reopen to in-person instruction if they meet metrics the state Department of Health released the week of Aug. 3. For a district to reopen, its county must have a two-week drop in the number of COVID-19 cases, a two-week period where the percent of positive cases is below 7% and less than 10% of hospital visits are COVID-19 related. Some school districts that did not meet these criteria also reopened to in-person instruction. Gov. Doug Ducey (R) said he supported those districts in their decision and that superintendents and principals could have the final say.
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Arkansas - On Aug. 14, Gov. Asa Hutchinson (R) released the Arkansas Ready to Learn Healthy School Guide. The document is a support guide for teachers and administrators created in partnership with Arkansas Children’s Hospital and the University of Arkansas School for Medical Sciences. The guide outlines best practices for in-person learning. Schools are allowed to reopen on Aug. 24.
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Massachusetts - The deadline for schools to submit reopening plans was Aug. 14. The state Department of Elementary and Secondary Education will post all approved plans online.
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North Carolina - Schools were allowed to reopen beginning Aug. 17. Based on state guidelines, most K-12 districts will begin the year with at least some online learning.
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Ohio - On Aug. 15, the Ohio Department of Health said the state would not allow face shields to be substituted for face masks in schools unless a child meets certain exceptions. The health department cited CDC guidance saying it is unknown how effective face shields are at protecting people from respiratory droplets.
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Pennsylvania - On Aug. 19, the Department of Education announced the statewide public mask requirement for everyone over the age of two applies to all public and private schools. Students can remove their face coverings when they are eating and drinking (at least six feet apart), in situations when wearing a face covering might be unsafe, and during socially distanced face covering breaks lasting no more than 10 minutes.
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West Virginia - On Aug. 14, Gov. Jim Justice (R) announced a color-coded school reopening metric for counties. Schools in green and yellow counties will be able to reopen for in-person instruction on the statewide school reentry date (currently Sept. 8, but a finalized date may not be available until Sept. 1). Schools in red and orange phase counties must conduct fully remote operations. Fifty-two out of the state’s 55 counties are currently in the green or yellow phases.
Lawsuits about state actions and policies
Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021
Overview:
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To date, Ballotpedia has tracked 746 lawsuits, across 50 states, dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 287 of those lawsuits.
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Ballotpedia has separately followed another 212 lawsuits, in 46 states, dealing with election issues during the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 130 of those lawsuits.
Here are three lawsuits that have garnered either significant national media attention or involve major advocacy groups.
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National Rifle Association of America v. Cuomo: On Aug. 14, Judge Mae A. D'Agostino of the U.S. District Court for the District of Northern New York dismissed a National Rifle Association (NRA) lawsuit challenging Gov. Andrew Cuomo’s (D) statewide closure of gun stores. In its complaint, the NRA challenged Executive Order 202.8, which designated gun stores as non-essential businesses and, as such, temporarily closed them to slow the spread of COVID-19. The NRA alleged the closures made it effectively impossible to legally purchase a gun in the state, violating the Second Amendment. The organization also alleged the closure order was unconstitutionally vague, violating the right to due process. D'Agostino dismissed the suit, ruling that, absent direct harm to the NRA because of the closures, the NRA lacked standing because "an association cannot bring an action as the representative of its members." D'Agostino, appointed to the bench by President Barack Obama (D), did not address the merits of the NRA's case. The NRA said: "Although we respectfully disagree that the NRA lacked standing to pursue this case — then or now — we were pleased the action brought attention to an abuse of power against gun retailers." Cuomo adviser Rich Azzopardi said, "It’s no surprise that yet another frivolous suit by the NRA has been laughed out of court."
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Virginia State Board of Health v. Calabash Corp.: On Aug. 17, the Virginia State Board of Health filed suit in Hanover County Circuit Court seeking to close a Mechanicsville seafood restaurant for failure to comply with COVID-19 safety requirements. The board alleges the restaurant has continued to operate despite having its license suspended on July 27. The board says a court order closing the restaurant is necessary because it continues "operating with little to no mask usage by employees or patrons, allowed bar seating and dance floors, and has made little to no effort to comply with social distancing requirements." Virginia Attorney General Mark R. Herring (D) said, "We all have a part to play in slowing the spread of COVID, and for restaurant and other business owners, that means following the safety guidelines that will help keep their employees and patrons safe and healthy." The owners of Calabash Seafood have not commented publicly on the lawsuit.
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Wilkes v. Washington State Board of Education: On Aug. 11, three families filed suit in Washington’s Thurston County Superior Court, arguing that the state’s remote education plans, implemented in response to the COVID-19 pandemic, deny their special needs children the right to a basic education. The plaintiffs allege violations of Article IX, Sections 1 and 2, of the Washington Constitution, which guarantee all students a basic education, and the Basic Education Act, which requires an annual average of at least 1,000 to 1,080 instructional hours over the course of at least 180 school days. The plaintiffs allege the state's approved instruction methods are "inaccessible to those students with disabilities who need intense support in order to learn and make progress," and infringe on their right to a basic education. Randy Spaulding, the executive director of the State Board of Education said, "The State Board believes it has acted in a legal and appropriate manner in this difficult time of the COVID-19 pandemic."
Travel restrictions
Read more: Travel restrictions issued by states in response to the coronavirus (COVID-19) pandemic, 2020-2021
Overview:
Details:
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New York, Connecticut, and New Jersey - Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced on Aug. 18 that Delaware and Alaska had been added to the tristate quarantine list. Washington was removed from the list.
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Hawaii - On Aug. 18, Gov. David Ige (D) extended the restrictions requiring travelers to self-quarantine for 14 days through Oct. 1. The restrictions had previously been scheduled to expire on Sept. 1.
Ballot measure changes
Read more: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020-2022
Overview:
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At least 19 lawsuits were filed in 13 states seeking court orders suspending or changing signature requirements and deadlines.
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Rulings or settlements have been issued in 18 cases, with appeals and motions for stays pending in some.
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Ballotpedia has tracked 27 statewide initiative petition drives that suspended signature gathering.
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Seven states and D.C. changed ballot measure procedures through executive orders or legislative action.
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At least four initiative campaigns initially targeting 2020 reported they would shift their focus to 2022.
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