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.

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.”

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.