Recent news
Here are the changes made to election dates and rules since our last edition, including legal decisions, executive actions, and legislation.
Roundup
North Carolina: On Oct. 20, the U.S. Court of Appeals for the Fourth Circuit declined to block the extension of North Carolina's absentee/mail-in ballot return and receipt deadlines. As a result, ballots will be accepted if they are postmarked on or before Nov. 3 and received by 5 p.m. on Nov. 12.
Several Republican groups–including Donald J. Trump for President, Inc., the Republican National Committee, and the state Republican Party affiliate–had petitioned the Fourth Circuit to intervene. The entire court, as opposed to the more typical three-judge panel, took up the matter.
The Fourth Circuit voted 12-3 against intervening, allowing the deadline extensions to stand. Chief Judge Roger Gregory and Judges Diana Motz, Robert King, Barbara Keenan, James Wynn, Albert Diaz, Henry Floyd, Stephanie Thacker, Pamela Harris, Julius Richardson, A. Marvin Quattlebaum Jr., and Allison Jones Rushing formed the majority. Writing for the majority, Wynn said, "[All] suggestions from the state courts point to the conclusion that the [North Carolina State Board of Elections] properly exercised its legislative delegation of authority. There is no irreparable harm from a ballot extension: again, everyone must submit their ballot by the same date. The extension merely allows more lawfully cast ballots to be counted, in the event there are any delays precipitated by an avalanche of mail-in ballots" Eight of the 12 judges forming the majority were appointed by Democrats. The remainder are Republican appointees.
Judges J. Harvie Wilkinson, Paul Niemeyer, and Steven Agee voted to block the extensions. Wilkinson and Niemeyer, joined by Agee, wrote the following in their dissenting opinion: "Allowing the Board's changes to go into effect now, two weeks before the election and after half a million people have voted in North Carolina, would cause yet further intolerable chaos. … We urge the plaintiffs to take this case up to the Supreme Court immediately. Not tomorrow. Not the next day. Now." The three dissenting judges were appointed by Republicans.
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.
Minnesota: On Oct. 20, the Minnesota chapters of the Council on American-Islamic Relations and the League of Women Voters filed a federal lawsuit against Atlas Aegis, a Tennessee-based security company that has been recruiting former military personnel for "security positions in Minnesota during the November election and beyond to protect election polls, local businesses, and residences from looting and destruction."
The plaintiffs allege the"defendants have already intimidated voters with the threatening statement that they are actively recruiting armed former Special Operations military personnel to send to polling locations in Minneapolis to target perceived 'antifa' members and supporters of the Black Lives Matter movement." The plaintiffs also allege the "defendants' objective is to further intimidate people with certain political beliefs from accessing polling locations through the presence of armed, highly trained, and elite security personnel."
Anthony Caudle, Atlas Aegis' chairman and co-founder, denies these claims: "These people are going to be never even seen unless there’s an issue. So it’s not like they’re going to be standing around and only allowing certain people in. They’re there for protection, that’s it. They’re there to make sure that the antifas don’t try to destroy the election sites."
The lawsuit is pending in the U.S. District Court for the District of Minnesota. Judge Nancy Brasel, a Donald Trump (R) appointee, is presiding.
Also on Oct. 20, Minnesota Attorney General Keith Ellison (D) announced that his office launched a formal investigation into Atlas Aegis in an attempt "to understand who, if anyone, is hiring the private security, what their anticipated role will be – if any – near polling places, what training they will receive, and how they will meet Minnesota's requirements for appropriate licenses and permits."
Today: How and when are election results finalized?
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 how and when election results are finalized.
Election results are finalized through processes called canvassing and certification. Canvassing generally refers to the process by which state and local election officials count and confirm the validity of ballots cast in an election. Certification is the process by which state authorities formalize the outcome of an election based on the results of the canvass. Some states, localities, and commentators use the terms interchangeably to describe the entire process of counting ballots and formalizing results.
Election result certification deadlines are set in state law. Once results are certified, the result of the election may go into effect. Certification deadlines for the 2020 election are as follows:
- The certification deadline in six states is within one week of the election.
- In 26 states and the District of Columbia, the certification deadline is between November 10 and November 30.
- In 14 states, the certification deadline is in December.
- Four states (Hawaii, N.H., R.I., and Tenn.) do not have deadlines for results certification laid out in state statute.
The chart below details the result certification dates by state.
To learn more about how and when states finalize 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 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)
- October 27:
- Connecticut (in-person, mail-in postmarked, online)
- Early voting begins:
- October 24:
- October 26:
- October 27:
- Early voting ends:
- Absentee/mail-in voting request deadline:
- 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)
- October 27:
- District of Columbia (in-person, mail-in received, online)
- Hawaii (in-person, mail-in received)
- Kansas (in-person, mail-in received)
- Kentucky (in-person, mail-in received)
- North Carolina (in-person, mail-in received, online)
- Oklahoma (in-person, mail-in received, online)
- Pennsylvania (in-person, mail-in received, online)
- Tennessee (in-person, mail-in received)
- New York (mail-in postmarked, online)
- New Jersey (mail-in received)
- California (mail-in received)
- Arkansas (mail-in received)
- October 28:
- Massachusetts (in-person, mail-in received, online)
- West Virginia (in-person, mail-in received, online)
- Absentee/mail-in voting return deadline:
And a dose of calm
|
