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. 28, the U.S. Supreme Court declined to reinstate North Carolina's statutory absentee/mail-in ballot return deadline, allowing the North Carolina State Board of Elections's extension to stand. Ballots postmarked on or before Election Day will be counted so long as they are received by 5 p.m. on Nov. 12. The statutory receipt deadline, which is not in effect, would have required that ballots be postmarked on or before Election Day and received by Nov. 6.
Chief Justice John Roberts and Associate Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh formed the majority. Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. Newly-appointed Justice Amy Coney Barrett did not take part in the case.
The court majority did not issue an opinion with its order. Gorsuch, joined by Alito, wrote the following in his dissent: "[Efforts] like these not only offend the Elections Clause's textual commitment of responsibility for election lawmaking to state and federal legislators, they do damage to faith in the written Constitution as law, to the power of the people to oversee their own government, and to the authority of legislatures." Thomas dissented from the court's judgment but did not join Gorsuch's opinion.
Gorsuch, Kavanaugh, and Barrett are Donald Trump (R) appointees. Sotomayor and Kagan are Barack Obama (D) appointees. Roberts and Alito are George W. Bush (R) appointees. Thomas and Breyer are George H.W. Bush (R) and Bill Clinton (D) appointees, respectively.
The U.S. Supreme Court's Oct. 28 decision is the latest in a series of court actions surrounding North Carolina's absentee/mail-in ballot return deadline. Click here for a chronological breakdown of these developments.
Pennsylvania: On Oct. 28, the U.S. Supreme Court declined to expedite consideration of a case involving the Pennsylvania Supreme Court's extension of the state's mail-in ballot return deadline, allowing the extended deadline to stand. Ballots postmarked on or before Election Day will be counted so long as they are received by 5 p.m. on Nov. 6.
The court ruled unanimously on the matter. However, Justice's Alito, Thomas, and Gorsuch issued a statement criticizing the Pennsylvania Supreme Court's action: "It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court’s decision before the election. That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution." Alito added, "But I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election."
Justice Barrett did not take part in the case.
The U.S. Supreme Court's Oct. 28 decision is the latest in a series of court actions surrounding Pennsylvania's mail-in ballot return deadlines. Click here for a chronological breakdown of these developments.
Note: Also on Oct. 28, in a separate case, Judge Kim Gibson of the U.S. District Court for the Western District of Pennsylvania also declined to reinstate the statutory return deadline.
Lawsuits
To date, we have tracked 416 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 lawsuits filed by presidential campaigns and major political parties, and state supreme court cases.
Virginia: On Oct. 28, Frederick County Circuit Court Judge William W. Eldridge ruled that absentee/mail-in ballots that are not postmarked cannot be accepted if they are received after Election Day. Eldridge said election officials could accept a ballot with an illegible postmark for up to three days after Election Day, provided the voter casting the ballot signed and dated the accompanying oath before the election.
On Aug. 4, the Virginia Department of Elections issued guidance directing local election authorities to accept absentee/mail-in ballots received by noon on Nov. 6 if they "have a postmark, or the postmark is missing or illegible."
Thomas Reed, a member of the Frederick County Board of Elections, filed suit. Reed alleged the guidance contradicted state law, which says "any absentee ballot returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and postmarked on or before the date of the election shall be counted."
Today: SCOTUS interventions
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 U.S. Supreme Court actions affecting state election procedures.
Since Aug. 1, the U.S. Supreme Court has taken actions affecting election procedures in six states. The court issued two of those decisions–one in North Carolina and another in Pennsylvania–on Oct. 28 (as detailed above).
- In three states, the high court's actions have involved absentee/mail-in ballot return deadlines: North Carolina, Pennsylvania, Wisconsin.
- In two states, the court's actions have dealt with absentee/mail-in ballot witness requirements: Rhode Island, South Carolina.
- In one state, the court's actions have involved curbside voting prohibitions: Alabama.
For summaries of these cases, see the entries below the map.
Alabama
- Case name: Merrill v. People First of Alabama
- Issue: A U.S. district court issued a ruling lifting Alabama's ban against curbside voting. A federal appeals court upheld this ruling, prompting the state to appeal to the U.S. Supreme Court.
- Outcome: On a 5-3 vote, the U.S. Supreme Court ruled in favor of the state and blocked the lower court orders, reinstating Alabama's prohibition against curbside voting.
- Decision date: Oct. 21
- Order/opinion link: Link
North Carolina
- Case name: Moore v. Circosta
- Issue: The North Carolina State Board of Elections extended the state's absentee/mail-in ballot return deadline, allowing ballots postmarked on or before Election Day and received by 5 p.m. on Nov. 12 to be counted. A U.S. district court and a federal appellate court upheld the deadline extension, prompting the appeal to the U.S. Supreme Court.
- Outcome: The U.S. Supreme Court declined to intervene, allowing the deadline extension to stand.
- Decision date: Oct. 28
- Order/opinion link: Link
Pennsylvania
- Case name: Republican Party of Pennsylvania v. Boockvar
- Issue: The Pennsylvania Supreme Court extended the mail-in ballot return deadline, allowing all ballots postmarked on or before Election Day and received by 5 p.m. on Nov. 6 to be counted. The Republican Party of Pennsylvania asked the U.S. Supreme Court to take up the case on an expedited schedule and issue a ruling on the merits.
- Outcome: The U.S. Supreme Court declined to expedite consideration of the case, allowing the extended deadline to stand.
- Decision date: Oct. 28
- Order/opinion link: Link
- Case name: Scarnati v. Boockvar
- Issue: The Pennsylvania Supreme Court extended the mail-in ballot return deadline, allowing all ballots postmarked on or before Election Day and received by 5 p.m. on Nov. 6 to be counted. Republican leaders in the state legislature asked the U.S. Supreme Court to reinstate the statutory return deadline, pending appeal.
- Outcome: The U.S. Supreme Court declined to intervene, allowing the deadline extension to stand.
- Decision date: Oct. 19
- Order/opinion link: Link
Rhode Island
- Case name: Republican National Committee v. Common Cause Rhode Island
- Issue: A U.S. district court and a federal appellate court upheld a settlement agreement suspending Rhode Island's witness/notary requirement for absentee/mail-in ballots. The Republican National Committee and the Republican Party of Rhode Island appealed to the U.S. Supreme Court to reinstate the witness/notary requirement.
- Outcome: The U.S. Supreme Court declined to intervene, allowing the suspension of the witness/notary requirement to take effect.
- Decision date: Aug. 13
- Order/opinion link: Link
South Carolina
- Case name: Andino v. Middleton
- Issue: U.S. district and appellate courts issued a series of conflicting rulings on South Carolina's witness requirement for absentee/mail-in ballots. This prompted the appeal to the U.S. Supreme Court.
- Outcome: The U.S. Supreme Court reinstated the state's statutory witness requirement.
- Decision date: Oct. 5
- Order/opinion link: Link
Wisconsin
- Case name: Democratic National Committee v. Wisconsin State Legislature
- Issue: A U.S. district court extended Wisconsin's absentee/mail-in ballot return deadline to Nov. 9 for ballots postmarked on or before Election Day. A federal appeals court reversed this decision and reinstated the original return deadline (received by Election Day), prompting an appeal to the U.S. Supreme Court.
- Outcome: The U.S. Supreme Court, on a 5-3 vote, declined to intervene, allowing the statutory return deadline to stand.
- Decision date: Oct. 26
- Order/opinion link: Link
For more information about these cases, including more detailed summaries, 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 30:
- October 31:
- November 3:
- California (in-person)
- Colorado (in-person)
- District of Columbia (in-person)
- Idaho (in-person)
- Illinois (in-person)
- Maine (in-person)
- Michigan (in-person)
- Montana (in-person)
- Vermont (in-person, mail-in received, online)
- Washington (in-person)
- Early voting begins:
- Early voting ends:
- October 30:
- Maine
- Arizona
- Georgia
- Texas
- Massachusetts
- Nevada
- Idaho
- Utah
- October 31:
- Virginia
- North Carolina
- New Mexico
- West Virginia
- Oklahoma
- November 1:
- Florida
- Wisconsin
- New York
- November 2:
- Minnesota
- South Dakota
- Wyoming
- Vermont
- Illinois
- Michigan
- Montana
- California
- Iowa
- Nebraska
- South Carolina
- Indiana
- Ohio
- Kentucky
- Kansas
- Rhode Island
- Washington
- Alaska
- Arkansas
- Colorado
- North Dakota
- Hawaii
- Maryland
- District of Columbia
- Absentee/mail-in voting request deadline:
- October 30:
- Delaware (in-person, mail-in received, online)
- Louisiana (in-person, mail-in received, online)
- Maine (in-person)
- South Carolina (in-person)
- Georgia (mail-in received, online)
- Michigan (mail-in received, online)
- October 31:
- Ohio (in-person, mail-in received)
- November 2:
- Arkansas (in-person)
- Connecticut (in-person, mail-in received)
- Illinois (in-person)
- Michigan (in-person)
- Minnesota (in-person, mail-in received, online)
- Montana (in-person, mail-in received)
- New Hampshire (in-person, mail-in received)
- New York (in-person)
- North Dakota (in-person, mail-in received, online)
- South Dakota (in-person, mail-in received)
- Vermont (in-person, mail-in received, online)
- Wyoming (in-person)
- November 3:
- California (in-person)
- Maryland (in-person)
- New Jersey (in-person)
- Absentee/mail-in voting return deadline:
- November 2:
- Alabama (in-person, mail-in postmarked)
- Arkansas (in-person)
- Connecticut (in-person)
- Louisiana (in-person, mail-in received)
- North Dakota (in-person, mail-in postmarked)
- Oklahoma (in-person)
- West Virginia (in-person)
- Iowa (mail-in postmarked)
- Ohio (mail-in postmarked)
- Utah (mail-in postmarked)
- November 3:
- Arizona (in-person, mail-in received)
- California (in-person, mail-in postmarked)
- Colorado (in-person, mail-in received)
- Delaware (in-person, mail-in received)
- District of Columbia (in-person, mail-in postmarked)
- Florida (in-person, mail-in received)
- Georgia (in-person, mail-in received)
- Hawaii (in-person, mail-in received)
- Idaho (in-person, mail-in received)
- Illinois (in-person, mail-in postmarked)
- Indiana (in-person, mail-in received)
- Iowa (in-person)
- Kansas (in-person, mail-in postmarked)
- Kentucky (in-person, mail-in postmarked)
- Maine (in-person, mail-in received)
- Maryland (in-person, mail-in postmarked)
- Massachusetts (in-person, mail-in postmarked)
- Michigan (in-person, mail-in received)
- Minnesota (in-person, mail-in postmarked)
- Montana (in-person, mail-in received)
- Nebraska (in-person, mail-in received)
- Nevada (in-person, mail-in postmarked)
- New Hampshire (in-person, mail-in received)
- New Jersey (in-person, mail-in postmarked)
- New Mexico (in-person, mail-in received)
- New York (in-person, mail-in postmarked)
- North Carolina (in-person, mail-in postmarked)
- Ohio (in-person)
- Oregon (in-person, mail-in received)
- Pennsylvania (in-person, mail-in postmarked)
- Rhode Island (in-person, mail-in received)
- South Carolina (in-person, mail-in received)
- South Dakota (in-person, mail-in received)
- Texas (in-person, mail-in postmarked)
- Utah (in-person)
- Vermont (in-person, mail-in received)
- Virginia (in-person, mail-in postmarked)
- Washington (in-person, mail-in postmarked)
- Wisconsin (in-person, mail-in received)
- Wyoming (in-person, mail-in received)
- Mississippi (mail-in postmarked)
- Missouri (mail-in received)
- Tennessee (mail-in received)
- Arkansas (mail-in received)
- Connecticut (mail-in received)
- Oklahoma (mail-in received)
- West Virginia (mail-in postmarked)
- Alaska (mail-in postmarked)
And a dose of calm
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