The 7 Election Law Court Cases We’re Watching
With less than three weeks until Election Day, there are still many election laws that remain tied up in court — and the legal challenges haven’t stopped coming. Here’s a brief overview of the cases we’re currently watching:
The Iowa Supreme Court upheld a state order that effectively invalidated about 70,000 absentee ballot applications on Thursday. Earlier this summer, three counties mailed out ballot applications with some voter information, such as name and date of birth, already filled out. But this ran counter to an order from the Republican secretary of state, who said that all request forms must be mailed blank. Democrats argued that the secretary of state’s order was unconstitutional, but after the Trump campaign and GOP groups filed an emergency petition, the state’s highest court ruled the order could stand. Affected voters must now fill out new, blank applications or vote a different way.
In Alabama, the secretary of state has said he will appeal part of an 11th Circuit Court of Appeals ruling that legalized the use of curbside voting to the Supreme Court.
Two other states expect to see their absentee ballot deadlines decided in the Supreme Court. Republicans in Pennsylvania plan to appeal a state Supreme Court decision that extended the deadline by which mail-in ballots can be received to Nov. 6 from Nov. 3. And in Wisconsin, voting rights groups are appealing directly to the Supreme Court to overturn an appeals court decision that reinstated a Nov. 3 deadline (the 7th Circuit Court of Appeals ruled on Oct. 8 it was too late to change Wisconsin’s absentee ballot deadline to Nov. 10).
There are also multiple lawsuits regarding the number and placement of ballot drop sites or drop boxes. In both Texas and Ohio, circuit courts upheld orders to limit drop boxes or drop sites to one per county. Last week, the 6th Circuit upheld Ohio Secretary of State Frank LaRose’s order limiting each county to only one drop box location. Likewise, this week, the 5th Circuit upheld Gov. Greg Abbott of Texas’s order that allowed counties one ballot drop site each, but one of the groups that brought the court challenge said earlier this week it will appeal to the Supreme Court. And although the federal court upheld Abbott’s order, a county judge ruled earlier today that Abbott’s order violated the state constitution. It was immediately appealed by the state, but there are now two court cases on this question.
And on Wednesday, the New Orleans City Council voted to sue the Louisiana secretary of state for instructing parish election officials that ballots can only be returned to the registrar’s office. The council’s request for a temporary order was granted, and the first hearing is set for Oct. 21. (However, it’s worth noting that Louisiana is one of five states that still requires an excuse to vote absentee. Fear of COVID-19 isn’t considered an excuse, although being at higher risk of the disease, under quarantine or caring for someone in quarantine is.)