Supreme Court Protects Absentee Voters from Unnecessary Witness Requirement

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WASHINGTON – Today, the U.S. Supreme Court rejected an attempt by the Republican National Committee to reinstate a requirement that would force absentee voters in Rhode Island to find two witnesses or a notary public to sign absentee ballots for them to count. Rhode Island was in the minority of states with such a requirement.

This is now the third federal court that found Rhode Island’s law unconstitutional. The decision leaves in place an August 8 ruling from the U.S. District Court for the District of Rhode Island, which approved a consent agreement between state election officials and voters represented by Campaign Legal Center (CLC) and partners seeking to waive the law because of the hardships it would cause if enforced in an election held during a pandemic.

“Making voting safer during a pandemic is a good outcome for everyone, state election officials and advocates alike agree,” said Danielle Lang, Co-Director, Voting Rights and Redistricting, at Campaign Legal Center (CLC). “Removing the witness and notary requirement will protect people’s health and their right to vote.”

Common Cause Rhode Island v. Gorbea was filed on behalf of two voting rights advocacy groups – Common Cause Rhode Island and the League of Women Voters of Rhode Island – and three Rhode Islanders with significant medical vulnerabilities that place them or members of their household at a heightened risk of severe illness or death if they contract COVID-19.

Trump’s Attacks on Postal Service to Suppress Voting are a Shameful Misuse of Presidential Power

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WASHINGTON – President Donald Trump said in an interview on Fox Business Network that he is opposed to funding the United States Postal Service because “Now they need that money in order to make the post office work, so it can take all of these millions and millions of ballots. But if they don’t get those two items, that means you can’t have universal mail-in voting, because they’re not equipped to have it.”

Campaign Legal Center (CLC) President Trevor Potter, a former Republican Chairman of the Federal Election Commission, released the following statement in response:

“Trump’s brazen abuse of the post office to try and win an election is a shameful misuse of presidential power. Defunding the Postal Service and slowing its ability to deliver mail ballots to Americans will hurt Democratic and Republican voters alike. Congress needs to stand up to President Trump’s attempt to make it harder for Americans to vote, and take action now to ensure that the Postal Service can perform at an optimal level, especially during the pandemic when vote by mail and absentee voting requests are at an all-time high. Lawmakers must work urgently to come to an agreement that will provide adequate funding for the Postal Service so that we have a successful election in November. Our democracy depends on it.”

CLC Suit Against Pennsylvania Seeks Uniform Procedures for Absentee Ballots in General Election

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Mail-in voting is a critical tool to ensure voters can participate in democracy while protecting their health during COVID-19 pandemic

PHILADELPHIA, PA – Pennsylvania election officials conduct signature match verification for mail-in ballots yet provide no notice or opportunity for voters to fix any issues before rejecting their ballots. Courts have routinely ruled that this violates the Constitution, and unless this is fixed quickly, potentially tens of thousands of voters are at risk of disenfranchisement in the November Election.

Today, Campaign Legal Center (CLC) has sued Secretary of the Commonwealth Kathy Boockvar on behalf of the League of Women Voters of Pennsylvania, Urban League of Greater Pittsburgh and two individual clients, challenging the Commonwealth’s practice, which burdens peoples’ constitutional right to vote, a concern amplified for people with greater risk of health complications from COVID-19. Election officials use a voter’s signature on the outside of ballots to verify their vote, but Boockvar has provided no guidance requiring county election officials to provide notice and an opportunity to fix ballots flagged for rejection due to signature verification issues.

Mail-in voting has scaled up dramatically this year across the United States, but especially in Pennsylvania. In the June 2016 presidential primary, 87,000 voters cast an absentee ballot. By passing Act 77 in 2019, Pennsylvania has joined more than 30 other states in allowing no-excuse absentee voting. As a result, during the June 2020 presidential primary, nearly 1.5 million voters cast their ballot by mail.

“Pennsylvania must create a uniform process to let voters fix signature-related issues with their mail-in ballots in order to give people confidence that their vote is being counted,” said Paul Smith, vice president of Campaign Legal Center (CLC). “Mail-in voting is a critical tool to ensure voters can participate in democracy while protecting their health during the COVID-19 pandemic. Unless the courts intervene, tens of thousands of voters are potentially at risk of having their ballots rejected through no fault of their own.”

Every election cycle, election officials across the nation reject mail-in ballots cast by eligible voters because they mistakenly believe there is some defect or discrepancy with voters’ signatures. 36 states have some form of signature match requirement on the books. The states vary dramatically in their policies. Some states provide immediate notice to voters if their ballot is in danger of rejection and allow voters up to 21 days to fix it. Others do not notify voters at all. Signature variance – and risk of disenfranchisement – is more prevalent among certain populations of voters, including those with disabilities, those with less formal levels of education, elderly and young voters, and voters for whom English is a second language.

CLC and the League of Women Voters have also challenged these policies in New York, New Jersey and North Dakota.

CLC is assisted in this challenge by pro bono counsel Morgan Lewis & Bockius LLP.

League of Women Voters of Pennsylvania v. Kathy Boockvar

At a Glance

CLC is challenging Pennsylvania’s policy of rejecting mail-in ballots under an error-prone signature verification process without first informing voters there is a problem with their ballot or giving them an opportunity to fix it and have their vote count.

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About This Case/Action

Under current Pennsylvania law, when a mail-in ballot is submitted, local election officials must compare the information the voter provided on their ballot envelope to the information on their voter registration form. In at least some counties, this verification process involves signature matching. However, Pennsylvania law does not establish a procedure for conducting signature matching, require local officials to provide voters with adequate notice that their ballot has been rejected, or give voters an opportunity to correct the issue and recast their ballot.

Signature matching is a flawed and error-prone process for verifying mail-in ballots. No two signatures – even from the same signer – are exactly alike. Factors such as age, disability, education, signing surface, and even type of pen can impact the consistency of a signature. Because Pennsylvania embraces this unreliable and inconsistent ballot verification mechanism, it has a constitutional obligation to provide voters with notice and an opportunity to fix ballot issues to ensure their validly cast ballots are counted. 

IMPACT OF COVID-19

The COVID-19 pandemic is likely to continue well into November and because of the passage of Act 77, this is the first year that Pennsylvania voters will be able to vote by mail in a general presidential election. While historically fewer than 5% of Pennsylvania voters voted by mail, in the June 2020 primary that number was over 80%, or 1.5 million voters. The November 3, 2020 general elections will likely see a similar increase in vote by mail compared to past years.

If Pennsylvania’s signature matching process is not corrected soon, thousands, or even tens of thousands, of Pennsylvania voters will have their validly cast votes uncounted in the November general election.

OUR CASE

Campaign Legal Center (CLC) is representing the League of Women Voters of Pennsylvania (LWVPA), the League of United Latin America Citizens Council #20009 (Pennsylvania LULAC), the Urban League of Greater Pittsburgh (Pittsburgh Urban League), Amy Campbell, and William Gilligan in a lawsuit seeking to ensure that Pennsylvania counts all validly cast mail ballots. 

LWVPA is a nonpartisan, nonprofit organization with members across Pennsylvania. LWVPA’s work is dedicated to protecting the right to vote for all voters through advocacy, voter education, and providing direct assistance to voters. 

Pennsylvania LULAC is a Latino civil rights organization with members across Pennsylvania. LULAC regularly engages in voter registration, voter education, and other activities and programs designed to increase voter turnout among its members and their communities.

Pittsburgh Urban League is a Pittsburgh, Pennsylvania-based non-profit civil rights organization that works to educate its members and African Americans in Southwestern Pennsylvania on their rights, register them to vote, and encourage them to vote.

Plaintiff Amy Campbell is a Pennsylvania voter registered in Philadelphia County who had her ballot rejected in the recent June 2020 primary election. Ms. Campbell was not notified that her ballot had been rejected until June 11, 2020 – two days after the receipt deadline – because the Board “could not obtain [her] required signature,” and was not provided the opportunity to recast her ballot. Ms. Campbell is concerned that her future mail ballots may similarly not be counted on the basis of signature deficiencies.

Plaintiff William Gilligan is an 83-year-old Pennsylvania citizen who resides in Bucks County. Mr. Gilligan has suffered two major strokes, leaving his body very weakened. He uses a wheelchair at all times and has impaired control over his handwriting. He does not believe he could reliably sign his name in the same way each time he does so. Mr. Gilligan intends to vote by mail in the November 2020 general elections and future elections thereafter. Given his many medical conditions, he is at very high risk for COVID-19 and cannot risk voting in person.

*Morgan, Lewis and Bockius LLP is serving as co-counsel.

(Morgan, Lewis and Bockius LLP is a global law firm based in Philadelphia, Pennsylvania).

Iowa Lifts Lifetime Ban on Voting for People with Felony Convictions

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DES MOINES, Iowa – Iowa Governor Kim Reynolds has signed an executive order restoring voting rights to most people with felony convictions who have served their time. Iowa was the last state in the US to make all people with felony convictions apply for clemency and receive an individual order restoring that person’s voting rights. On June 22, 2020, Campaign Legal Center (CLC) wrote a letter to Reynolds urging her to ensure that Iowans are not denied their voting rights due to their inability to pay fines, fees, or restitution associated with their convictions. Iowa Justice Action Network has been organizing and lobbying for an Executive Order and Constitutional Amendment.

“Iowans with past felony convictions have fought hard for years for this victory,” said Blair Bowie, Restore Your Vote Manager at Campaign Legal Center (CLC). “This is a recognition that democracy works best when all citizens can vote without barriers. Ensuring that Americans with past felony convictions who live, work and pay taxes can vote allows them to have a voice and a stake in the future of their communities.”

“As a formerly incarcerated person who just had my rights restored in January, I can tell you that this is vital to a person feeling that they have actually served their time and are a productive, normal member of the community again,” said Iowa Justice Action Network board member, Jacob Shepard. “The Executive Order is so important, but we will continue to fight for a Constitutional Amendment for a permanent fix.”

This summer, CLC and the Iowa Justice Action network have been running a digital outreach campaign for rights restoration in Iowa. The campaign is currently providing direct services by text message to hundreds of people seeking information about their voting rights eligibility. People in all 50 states, D.C. and Puerto Rico can use CLC’s free public education tool, RestoreYourVote.org to check their status.

At RestoreYourVote.org, visitors answer simple questions about their convictions to determine if they are eligible to vote right now, or eligible to go through the process to restore their right to vote in their state. The website also features the RestoreYourVote.org hotline, which provides callers with direct rights restoration services. Since the launch, the site has nearly 130,000 visitors seeking to learn more about voting rights restoration in their state. In the two years since the launch of RestoreYourVote.org, several states have eased voting restrictions for those with past convictions.