Election Help Desk: 10/19/20

Email not displaying correctly? . Ballotpedia's 2020 Election Help Desk Newsletter 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. Was this email forwarded to you? Sign up to receive your copy here.          Recent news Here are the changes made to election dates and rules since our last edition, including legal decisions, executive actions, and legislation. Roundup Florida: On Oct. 14, Brad McVay, general counsel for Secretary of State Laurel Lee (R), released guidance to local election supervisors on the use of absentee/mail-in ballot return drop boxes:  Florida law provides for two kinds of drop boxes: mandatory and discretionary. Mandatory drop boxes are installed at local election offices and early voting sites. Local election supervisors can install discretionary drop boxes at locations that could qualify, under Florida law, as early voting sites. Elections staff or law enforcement personnel are required to monitor both mandatory and discretionary drop boxes. Discretionary drop boxes must be made available during the days and hours of early voting. Additional days and hours are not permitted.  Drop boxes cannot be installed at polling places on Election Day.  An individual who is waiting in line to deposit his or her ballot in a drop box at the time polls close on Election Day must be allowed to do so, even after polls close.  Mandatory drop boxes can be available 24 hours a day if staff or law enforcement officers are available to monitor the boxes.  It is unclear if McVay's guidance is binding. According to the Tampa Bay Times, Ron Labasky, legal counsel for the state's association of local election supervisors, said McVay's guidance is non-binding: "As such, I think a supervisor can take it as they choose to."  Michigan: On Oct. 16, a three-judge panel of the Michigan Court of Appeals reversed a lower court order that had extended the receipt deadline for absentee/mail-in ballots. The appellate court reinstated the original receipt deadline: 8 p.m. on Nov. 3.  On Sept. 18, Judge Cynthia Stephens of the Michigan Court of Claims extended the absentee/mail-in ballot receipt deadline to Nov. 17 for ballots postmarked on or before Nov. 2. Stephens, an appointee of Gov. Jennifer Granholm (D), also authorized voters to allow anyone they choose to return their ballots between 5:01 p.m. on Oct. 30 and the close of polls on Nov. 3.  The state legislature appealed Stephens' decision. The three-judge panel–including Judges Thomas Cameron, Mark Boonstra, and Michael Gadola–ruled unanimously in the legislature's favor. Writing for the court, Cameron said, "The fact that the Legislature drafted the statutes without accounting for USPS deadlines does not mean the statutes are unconstitutional as applied. Where [voters] retain other options for delivering their completed ballots, they have not lost their constitutional right to vote absentee." Cameron, Boonstra, and Gadola are Gov. Rick Snyder (R) appointees. Secretary of State Jocelyn Benson (D) said voters should mail their ballots by Oct. 19, or hand-deliver them after that date, in order to ensure that election officials receive them by the deadline. Lawsuits To date, we have tracked 399 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. North Carolina: On Oct. 15, the North Carolina Court of Appeals blocked a settlement agreement that would extend the state's absentee/mail-in ballot return deadline and implement new ballot curing provisions. The current return deadline remains 5 p.m. on Nov. 3 for ballots postmarked on or before 5 p.m. on Election Day. Ballots returned by hand or without a postmark must be received by 5 p.m. on Election Day.  Background: This order is the latest in a series of court actions involving North Carolina's absentee/mail-in voting process. On Sept. 22, the North Carolina State Board of Elections (SBE) announced the following proposed procedural modifications: Absentee/mail-in ballot receipt deadline extended to 5 p.m. on Nov. 12 for ballots postmarked on or before Election Day. Voters allowed to submit affidavits to their county election boards to correct the following ballot issues: Voter failed to sign return paperwork or signed in the incorrect place. Witness or assistant did not print name on return paperwork. Witness or assistant did not print address on return paperwork. Witness or assistant failed to sign return paperwork or signed in the incorrect place. The modifications resulted from a settlement between SBE and the North Carolina Alliance for Retired Americans. On Oct. 2, Wake County Superior Court Judge Bryan Collins, a Democrat, approved the terms of the settlement. However, on Oct. 3, Judge James Dever of the U.S. District Court for the Eastern District of North Carolina issued a temporary restraining order against the settlement. Dever, a George W. Bush appointee (R), also consolidated three related federal lawsuits involving the state's absentee/mail-in voting procedures and transferred them to Judge William Osteen of the U.S. District Court for the Middle District of North Carolina. On Oct. 14, Osteen, also a George W. Bush appointee, ordered election officials to enforce the state's witness requirement for absentee/mail-in ballots. Osteen allowed the other ballot curing provisions and the extended absentee/mail-in ballot receipt deadline to stand. Today: When can states begin processing and counting absentee ballots? 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 when states can begin processing and counting absentee ballots. Election officials must process absentee/mail-in ballots before counting them. Processing generally includes verifying voter signatures and physically preparing ballots for counting. Processing practices can vary widely from state to state. In 12 states, statutes or 2020-specific orders allow for absentee/mail-in counting to begin before Election Day. Arizona, Colorado, Delaware, Iowa, Florida, Maryland, Montana, Nebraska, Nevada, New Jersey, North Carolina, and Vermont In nine states, statutes either do not specify when ballot counting can begin or leave the decision to the discretion of local officials. Connecticut, Hawaii, Kansas, Kentucky, Louisiana, Ohio, Oklahoma, Oregon, and Utah. The remaining states and the District of Columbia allow ballot counting to begin either during the day on election day or after polls close. The chart below shows when each state may begin processing and counting ballots. To read more about rules for counting and processing absentee ballots by state, click here. What we’re reading today The New York Times: “How Prepared Are These 7 Battlegrounds for the Election? A Readiness Report” The Associated Press: “Some states allow ballots if voters die before Election Day” NPR: “Race For A (Ballot) Cure: The Scramble To Fix Absentee-Ballot Problems” NBC News: “Election Day looms. Who's winning the legal war over mail-in voting?” 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 23: Nebraska (in-person) Utah (in-person, mail-in received, online) October 24: Iowa (in-person, mail-in received, online) Massachusetts (in-person, mail-in postmarked, online) October 26: Colorado (mail-in received, online) Montana (mail-in postmarked) Washington (mail-in received, online)   Early voting begins: October 20: Hawaii Utah Wisconsin October 21: West Virginia October 24: New York October 26: Maryland Early voting ends: None in the next 7 days Absentee/mail-in voting request deadline: October 20: Maryland (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) October 22: Indiana (in-person, mail-in received, online) October 23: Arizona (in-person, mail-in received, online) Idaho (in-person, mail-in received, online) Nebraska (in-person, mail-in received) Texas (mail-in received) Virginia (in-person, mail-in received, online) October 24: Alaska (in-person, mail-in received, online) Florida (in-person, mail-in received, online) Iowa (in-person, mail-in postmarked) South Carolina (mail-in received) October 26: Colorado (in-person, mail-in received) Washington (in-person, mail-in received, online)   Absentee/mail-in voting return deadline: None in the next 7 days And a dose of calm