Election Changes
Please bookmark our litigation tracker spreadsheet for a compilation of the latest developments in major lawsuits over changes to election and voting procedures, along with our statewide 2020 primary calendar and our calendar of key downballot races, all of which we're updating continually as changes are finalized.
• Alabama: Civil rights advocates have filed a lawsuit in state court seeking to loosen Alabama's restrictions on mail voting during the pendency of the pandemic. The plaintiffs want the court to order the state to suspend requirements that voters present an excuse to request an absentee ballot, have their ballot envelope notarized, and include a photocopy of their ID with their ballot. Additionally, the plaintiffs want 14 days of in-person early voting, which Alabama currently offers none of, along with drive-through voting and other measures to make voting safe for those not voting by mail.
• Florida: Officials in Hillsborough and Pinellas Counties, which are home to the greater Tampa area and one in every nine registered voters in Florida, have announced that both counties will pay for postage on mail-in ballots. Officials in the southeastern Florida counties of Broward, Miami-Dade, and Palm Beach, which are home to around a quarter of Florida voters, had previously announced measures to implement prepaid postage and also mail out applications for mail ballots to voters or households who had yet to request one.
• Montana: Montana's Supreme Court has reversed a lower court ruling that had allowed absentee mail ballots to count if they were postmarked by Election Day and received within a few days afterward. As a result, voters in the June 2 primary, which is taking place almost entirely by mail, will have to make sure election officials receive their ballots by Election Day.
The Supreme Court, however, did not rule on the merits of the plaintiffs' request but rather explained that it was reinstating the original deadline to avoid voter confusion and disruption to election administration. Plaintiffs will still have a chance to make their case that the ballot receipt deadline should be extended for the November general election.
• New Jersey: Democratic Gov. Phil Murphy has announced that he has no further plans to alter procedures for the July 7 primary. Murphy recently ordered the election to take place largely by mail with active registered voters belonging to a party being sent ballots and inactive or unaffiliated voters getting sent applications, while municipalities operate at least one in-person voting each.
• New Mexico: Rep. Ben Ray Luján, who is the presumptive Democratic nominee for Senate in New Mexico, is urging Democratic Secretary of State Maggie Toulouse Oliver to delay the deadline to return absentee mail ballots, saying he has heard reports of voters failing to receive a mail ballot in time even though the primary is taking place just days away on June 2.
A spokesperson for Toulouse Oliver says that extending the deadline, which currently requires ballots to be received by Election Day rather than simply postmarked by that date, would require legislative action. However, the state legislature isn't in session, and there's no indication yet whether Luján or anyone else will file a last-minute lawsuit instead.
• North Carolina: North Carolina's Republican-run state House has almost unanimously passed a bill that would make it easier to vote absentee by mail. In particular, the bill would ease—though not eliminate—the atypical requirement that absentee voters have a notary or two witnesses sign their ballot envelope by allowing only one witness instead.
However, the bill also makes it a felony for election officials to mail actual ballots to voters who haven't requested one, which would prevent Democratic officials in charge of running elections from conducting elections by mail. Activists had also called on lawmakers to make other changes such as prepaying the postage on mail ballots or making Election Day a state holiday, but Republican legislators refused.
Even if it becomes law, this bill is not likely to be the final word on voting changes in North Carolina. Two separate lawsuits at the federal and state levels are partially or wholly challenging the witness requirement, lack of prepaid postage, and other absentee voting procedures.
• South Carolina: South Carolina's all-Republican state Supreme Court has rejected a Democratic lawsuit seeking to waive the requirement that voters under age 65 provide a specific excuse to vote absentee by mail in June's primary. The court ruled that the issue was moot after the Republican-run state legislature recently passed a law waiving the excuse requirement for the June 9 primary and June 23 runoffs. However, that waiver will expire in July, so Democrats are likely to continue pressing their claim in either state court or a separate federal lawsuit for November.
• Texas: Texas' all-Republican Supreme Court has sided with Republican state Attorney General Ken Paxton in determining that lack of coronavirus immunity doesn't qualify as an excuse for requesting a mail ballot under the state's definition of "disability." Consequently, all voters must present an excuse to vote by mail except for those age 65 or older, a demographic that favors Republicans.
While the ruling did note that it's up to voters to decide whether or not to "apply to vote by mail based on a disability," that may not be much of a silver lining, because Paxton has repeatedly threatened activists with criminal prosecution for advising voters to request mail ballots. If campaigns and civic groups limit their outreach as a result of Paxton's threats, then even voters still entitled to mail ballots may not learn about the option.
However, in one positive development for voting access, the court ruled that Paxton couldn't tell officials in five counties not to send absentee ballots to voters citing disability even for coronavirus, since Texas' absentee application doesn't ask what a voter's disability is. In addition, separate federal litigation remains ongoing after a lower court blocked the absentee excuse requirement. The 5th Circuit Court of Appeals is set to rule soon on whether to in turn block that ruling for the state's July 14 primary runoff.
• Virginia: Conservatives filed a federal lawsuit earlier this month seeking to block Virginia from implementing its absentee voting plan for the state's June 23 primary, specifically targeting instructions that voters "may choose reason ‘2A My disability or illness’ for absentee voting." Although a new law was passed this year to permanently remove the excuse requirement, it doesn't go into effect until July. Consequently, the plaintiffs argue that the current law is being impermissibly interpreted to let those concerned about coronavirus cite it as an excuse to obtain an absentee ballot when they aren't physically ill themselves and don’t otherwise qualify.
• Wisconsin: Wisconsin's bipartisan Elections Commission has unanimously voted to send applications for absentee mail ballots to all registered voters, which requires a photo ID. However, the commissioners still must decide on the wording of the letter sent to voters, and a deadlock over the language could prevent the commission from sending anything at all. Notably, the Republican commissioners' votes to mail applications comes after the major Democratic stronghold of Milwaukee and some other Democratic-leaning cities had already moved to do so, so the GOP may face pressure to extend the practice statewide.