Ballotpedia's 2020 Election Help Desk
Welcome to Ballotpedia's Election Help Desk Newsletter. In each issue, we:
- Detail the changes to election dates and procedures since our last edition
- Track lawsuits from the presidential campaigns and major political parties
- Answer one frequently asked question about the election
- List upcoming election process dates and deadlines
We understand you may have questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. We are dedicated to providing you with accurate, objective, and measured answers to those questions.
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Recent news
Here are the changes made to election dates and rules since our last edition, including legal decisions, executive actions, and legislation.
Roundup
- Arizona: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that had extended the state's voter registration deadline. The court set Oct. 15 as the new registration deadline.
On Oct. 5, Arizona's original registration deadline, Judge Steven Logan, of the U.S. District Court for the District of Arizona, ordered that Arizona's voter registration deadline be extended to 5 p.m. on Oct. 23. Plaintiffs, including the nonprofits Mi Familia Vota and the Arizona Coalition for Change, had alleged that the Oct. 5 deadline violated their First and Fourteenth Amendment rights. Logan, a Barack Obama (D) appointee, sided with the plaintiffs. Secretary of State Katie Hobbs (D) appealed the decision to the Ninth Circuit.
The panel ruled unanimously that the district court had erred in extending the deadline. The court said, "[The] statutory deadline does not impose a 'severe burden' on Plaintiff-Appellees' asserted rights and does not trigger strict scrutiny. … While the [Covid-19] restrictions made it more difficult for Plaintiff-Appellees to help voters to register, it was quite possible for them to do so." Of the panel, Judges William Fletcher and Marsha Berzon are Bill Clinton (D) appointees. Jay Bybee is a George W. Bush (R) appointee.
The court majority ordered registrations completed between Oct. 5 and Oct. 15 be accepted. Bybee dissented on this point, arguing that voters who registered after the original Oct. 5 deadline should not be allowed to vote in this year's election.
- Indiana: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit blocked a lower court's order extending the state's return deadlines for absentee/mail-in ballots. As a result, the original receipt deadline (noon on Nov. 3) has been reinstated.
On Sept. 29, Judge Sarah Barker, of the U.S. District Court for the Southern District of Indiana, issued an order extending the postmark and receipt deadline for absentee/mail-in ballots in Indiana to Nov. 3 and Nov. 13, respectively. Barker is a Ronald Reagan (R) appointee. The state appealed Barker's order to the Seventh Circuit.
The Seventh Circuit panel ruled unanimously in favor of the state. Writing for the court, Easterbrook said, "That some people are unwilling to vote in person does not make an otherwise-valid system unconstitutional. It is for states to decide what sorts of adjustments would be prudent. The SARS-CoV-2 pandemic has caused great loss but is not a good reason for the federal judiciary to assume tasks that belong to politically responsible individuals."
The Seventh Circuit panel included Judges Diane Sykes, Frank Easterbrook, and Michael B. Brennan. They are George W. Bush, Reagan, and Donald Trump (R) appointees, respectively.
- Virginia: On Oct. 14, Judge John A. Gibney, of the U.S. District Court for the Eastern District of Virginia, ordered that the state's voter registration deadline be extended from Oct. 13 to Oct. 15.
On Oct. 13, Virginia's online voter registration system went down for several hours after a fiber optic cable was accidentally severed. The New Virginia Majority Education Fund, the Virginia Civic Engagement Table, and the League of Women Voters of Virginia sued the state, seeking an extension of the registration deadline.
Attorney General Mark Herring (D) filed a brief in support of an order to extend the deadline. Gov. Ralph Northam (D) also voiced his support for an extension. Herring and Northam said the state could not unilaterally extend the statutory deadline without a court order.
Gibney is a Barack Obama (D) appointee.
Lawsuits
To date, we have tracked 345 lawsuits and/or court orders involving election policy issues and the COVID-19 outbreak. Click here to view the complete list of lawsuits and court orders.
Here's the latest on noteworthy litigation. Examples of noteworthy litigation include, but are not limited to, lawsuits filed by presidential campaigns and major political parties, and cases decided by state supreme courts.
- Louisiana: On Oct. 13, Secretary of State Secretary of State Kyle Ardoin (R) and Attorney General Jeff Landry (R) appealed a federal district court order that expanded absentee/mail-in voting eligibility and extended the early voting period.
On Sept. 16, Chief Judge Shelly Deckert Dick, of the U.S. District Court for the Middle District of Louisiana, ordered election officials to make available to voters in the general election the same absentee/mail-in ballot application used in the state's summer elections. The summer election application offered Covid-19-specific reasons for requesting an absentee ballot/mail-in ballot, extending eligibility to the following groups:
- those at higher risk because of serious medical conditions,
- those subject to a "medically necessary quarantine or isolation order,"
- those advised by a health provider to self-quarantine,
- those experiencing symptoms of Covid-19 and seeking a medical diagnosis, and
- those caring for an individual who is subject to a quarantine order and has been advised to self-quarantine.
Dick, an Obama appointee, also ordered that the early voting period be extended to 10 days (Oct. 16 through Oct. 27, excluding Oct. 18 and Oct. 25). The early voting period was originally scheduled to last seven days (Oct. 20 through Oct. 27, excluding Oct. 25).
In a statement, Ardoin said, "I have said from the beginning of the process that we needed clarity in how to administer the election, and the appeal seeks no changes to the November 3rd election. We are not appealing for injunctive relief, and we are not asking for expedited consideration. We are simply asking for a review of the conclusions of law."
- Multiple states: On Oct. 13, Judge Brian Cogan, of the U.S. District Court for the Eastern District of New York, declined to order election officials in seven states to accept absentee/mail-in ballots transmitted by electronic means.
On Sept. 30, the plaintiffs – several American citizens living abroad – sued election officials in New York, Pennsylvania, Ohio, Texas, Kentucky, Wisconsin, and Georgia. They alleged inadequacies in mail service and said "the confluence of the COVID-19 pandemic, restrictive laws, and a lack of institutional will on the part of Defendants … leaves untold voters with literally no way of voting, and even more with no reliable way of voting." Plaintiffs asked the court to order election officials to accept absentee/mail-in ballots delivered by email, fax, or other electronic means.
Cogan, a George W. Bush appointee, rejected the plaintiffs' arguments. Attorneys attending the teleconference at which Cogan issued his ruling said Cogan "warned that electronic voting is less secure against hacking than other options available to overseas voters and that forcing such big changes could confuse voters and add extra pressure to election offices just three weeks before the election." The plaintiffs voluntarily dismissed their suit.
- Wisconsin: On Oct. 13, two groups petitioned the U.S. Supreme Court to reverse an appeals court ruling and reinstate a district court order extending the state's absentee/mail-in ballot return and online/mail-in voter registration deadlines.
On Sept. 21, Judge William M. Conley, of the U.S. District Court for the Western District of Wisconsin, issued an order extending the absentee/mail-in ballot return deadline to Nov. 9 for ballots postmarked on or before Nov. 3. Conley also extended the online and mail-in voter registration deadline to Oct. 21. However, he immediately suspended his ruling pending appeal. Conley is an Obama appointee.
On Oct. 8, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to block Conley's order. As a result, these deadlines reverted to their original dates: Oct. 14 for online and mail-in voter registration and Nov. 3 for receipt of completed absentee/mail-in ballots. Judges Frank Easterbrook and Amy St. Eve, Reagan and Trump appointees, respectively, formed the majority. Judge Ilana Rovner, a George H.W. Bush (R) appointee, dissented.
The first plaintiff group, which includes the League of Women Voters of Wisconsin and the Wisconsin Alliance for Retired Americans, allege the Seventh Circuit "demonstrably erred in applying Purcell v. Gonzales." In Purcell, the U.S. Supreme Court ruled that a federal appellate court had erred in blocking an Arizona election law weeks before the election. The court wrote, "Court orders affecting elections … can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase." The second plaintiff group, which includes Disability Rights Wisconsin and Black Leaders Organizing for Communities, similarly alleged the Seventh Circuit had misapplied the Purcell principle.
The plaintiffs filed their petitions with Associate Justice Brett Kavanaugh, the circuit justice for the Seventh Circuit. Each justice is assigned to at least one of the thirteen circuit courts of appeals to field emergency requests. Kavanaugh, a Trump appointee, can respond to the petitions himself or refer them to the full court for consideration.
Today: Who serves in Congress if election results are unknown by January 2021?
The Help Desk daily feature will answer one frequently asked question or provide a summary of key election dates and policies each day. Today we take a look at who would serve in Congress if election results are unknown by January 2021.
In 2020, all 435 seats in the House of Representatives and 35 seats in the Senate are up for election. According to the Twentieth Amendment to the Constitution, the terms of U.S. senators and representatives end at noon on January 3 following the general election in which their seats are up. The answer to who would serve beyond that depends on whether states have certified, or made official, their election results.
If results are certified but a legal challenge to a result is pending, there is an informal precedent that Congress swears-in the winner based on the certified results. As an example, despite an ongoing challenge to the election results, former Sen. Mary Landrieu (D-La.) was sworn in on the first day of the 105th Congress in Jan. 1997. Landrieu assumed office “in accordance with the precedent under which the Senate recognizes a claimant whose election has been certified by the state.”
In cases where certified results are still pending or there is a recount, the seat may be left vacant. As an example, in the 2008 Senate race in Minnesota, Al Franken (D) defeated Norm Coleman (R) after a recount reversed the initial outcome of the election. Franken was declared the winner in June 2009 and was sworn in on July 7. The seat remained vacant until that point.
To learn more about how this situation would be resolved, click here. To see your state's deadline for certifying election results, click here.
What we’re reading today
Upcoming dates and deadlines
Here are the key deadlines for voter registration, early voting, and absentee/mail-in voting coming up in the next seven days. For coverage of all dates, deadlines, and requirements, click here.
- Voter registration deadlines:
- October 15:
- Arizona (in-person, mail-in received, online)
- Virginia (in-person, mail-in received, online)
- October 16:
- Nebraska (mail-in postmarked, online)
- October 18:
- October 19:
- Alabama (in-person, mail-in received, online)
- California (mail-in postmarked, online)
- Maine (mail-in received)
- Michigan (mail-in postmarked, online)
- Pennsylvania (in-person, mail-in received, online)
- South Dakota (in-person, mail-in received)
- Wyoming (in-person, mail-in received)
- Early voting begins:
- October 14:
- Kansas
- Rhode Island
- Tennessee
- October 15:
- October 16:
- October 17:
- Massachusetts
- Nevada
- New Mexico
- October 19:
- Idaho
- Florida
- Alaska
- Arkansas
- Colorado
- North Dakota
- October 20:
- October 21:
- Absentee/mail-in voting request deadline:
- October 20:
- Maryland (in-person, mail-in received, online)
- Nevada (in-person, mail-in received)
- New Mexico (in-person, mail-in received, online)
- October 21:
- Missouri (in-person, mail-in received)
- Absentee/mail-in voting return deadline:
And a dose of calm
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