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Election Help Desk: 10/27/20
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  Ballotpedia's 2020 Election Help DeskOctober 27, 2020Welcome to Ballotpedia's Election Help Desk Newsletter. In each issue, we:
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. Days Until Election: 7BALLOTPEDIA
Recent NewsHere are the changes made to election dates and rules since our last edition, including legal decisions, executive actions, and legislation. RoundupSouth Carolina: On Oct. 27, Judge Richard Mark Gergel of the U.S. District Court for the District of South Carolina ruled county election officials cannot reject absentee/mail-in ballots on the basis of perceived mismatch between the signature on the ballot return documents and the voter's signature on file. Gergel, a Barack Obama (D) appointee, also ordered election officials to review absentee/mail-in ballots that have already been submitted and invalidated for that reason. Gergel's ruling matches the guidance the South Carolina Election Commission issued on Oct. 26. Marci Andino, the commission's executive director, said: "If any county board of voter registration and elections ... is employing or plans to employ a signature matching procedure, it must stop doing so immediately. Further, any absentee ballot that, as a result of a signature matching procedure, has been rejected, disqualified or otherwise set aside so that it will not be counted should immediately be included with those absentee ballots that will be counted, assuming that absentee ballot otherwise complies with [state law]." Thirty-two states require election workers to compare a voter's signature on ballot return documents with the signature on file to verify the voter's identity. Wisconsin: On Oct. 26, the U.S. Supreme Court voted 5-3 against reinstating a court-ordered extension of the receipt deadline for absentee/mail-in ballots. As a result, the receipt deadline remains Nov. 3. On Sept. 21, Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin issued an order extending the ballot receipt deadline to Nov. 9 for ballots postmarked on or before Nov. 3. However, Conley, an Obama appointee, immediately suspended his ruling pending appeal. 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, the ballot receipt deadline reverted to its original date: Nov. 3. Judges Frank Easterbrook and Amy St. Eve, Ronald Reagan (R) and Donald Trump (R) appointees, respectively, formed the majority. Judge Ilana Rovner, a George H.W. Bush (R) appointee, dissented. Several groups – including the Democratic National Committee and the League of Women Voters of Wisconsin – petitioned the U.S. Supreme Court to reinstate the deadline extension. Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, all Republican presidential appointees, declined to intervene, allowing the Seventh Circuit's order to stand. Associate Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, all Democratic appointees, dissented. In his concurring opinion, Kavanaugh said: "[The] district court's injunction was unwarranted for three alternative and independent reasons: The District Court changed the state election laws too close to the election. It misapprehended the limited role of federal courts in COVID–19 cases. And it did not sufficiently appreciate the significance of election deadlines." Roberts and Gorsuch also wrote concurring opinions. In her dissent, Kagan said: "The facts, as found by the district court, are clear: Tens of thousands of Wisconsinites, through no fault of their own, may receive their mail ballots too late to return them by Election Day. Without the district court’s order, they must opt between 'brav[ing] the polls,' with all the risk that entails, and 'los[ing] their right to vote.'" Breyer and Sotomayor joined Kagan's dissent. LawsuitsTo date, we have tracked 410 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.
Pennsylvania: On Oct. 27, the Luzerne County Board of Elections, a defendant in a case pending before the U.S. Supreme Court, filed a motion for newly confirmed Associate Justice Amy Coney Barrett to recuse herself from the proceedings. On Oct. 23, the Pennsylvania Republican Party asked the U.S. Supreme Court to intervene and block election officials from counting mail-in ballots postmarked on or before Election Day and received by Nov. 6. On Sept. 17, the Pennsylvania Supreme Court issued an order extending the mail-in ballot receipt deadline to Nov. 6, overriding the statutory Election Day receipt deadline. On Sept. 28, Joseph Scarnati and Jake Corman, Republican legislative leaders, asked the U.S. Supreme Court to reinstate the statutory receipt deadline. On Oct. 19, the high court voted 4-4, allowing the extension to stand. Chief Justice Roberts and Associate Justices Breyer, Sotomayor, and Kagan voted not to intervene. Associate Justices Thomas, Alito, Gorsuch, and Kavanaugh voted to grant the petition. When the court reaches a tie vote the lower court's ruling is allowed to stand. In its Oct. 23 brief, the Republican Party is asking the court to set an expedited schedule for considering the following questions:
In its Oct. 27 filing, Luzerne County Board of Elections argues Barrett should recuse herself because her "'impartiality might reasonably be questioned' … given the circumstances of her nomination and confirmation." President Trump nominated Barrett to the court on Sept. 29. The U.S. Senate voted 52-48 to confirm her on Oct. 26. During her confirmation hearings, Barrett declined to say whether she would recuse herself from election disputes brought before the court: "I commit to you to fully and faithfully applying the law of recusal. And part of the law is to consider any appearance questions. And I will apply the factors that other justices have before me in determining whether the circumstances require my recusal or not. But I can't offer a legal conclusion right now about the outcome of the decision I would reach." Today: Same-day registration availabilityThe 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 the availability of same-day voter registration. Some states allow voters to register on the same day they vote, whether it’s on Election Day or during early voting. The District of Columbia allows for same-day voter registration in both circumstances. Several states allow for same-day voter registration during only one of these two times. Those states are:
The map below highlights the 17 states that allow for same-day voter registration during early voting. What We're Reading Today
Upcoming Dates and DeadlinesHere 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.
And a Dose of Calm
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