Category Archives: court decisions

Breaking and Analysis: Federal Court Steps Aside for Now in Dispute over Drop Boxes and Other Pennsylvania Election Rules

August 23, 2020, 12:05 pmabsentee ballots, court decisions, The Voting WarsRick Hasen

In a thoughtful 37-page opinion, in one of the most closely watched pieces of litigation surrounding the conduct of the 2020 election, a federal court (Trump appointee Judge Nicholas Ranjan) has used Pullman abstention to decline to consider the… Continue reading

Federal District Court Rejects Challenges to Indiana’s Excuse-Only Absentee Ballot System for November

August 21, 2020, 9:04 amabsentee ballots, court decisionsRick Hasen

A federal district court has rejected arguments that the system violates equal protection or the 26th amendment (which was made on the grounds that older voters can vote without an excuse but others cannot). It will not issue a preliminary… Continue reading

Federal District Court (Same Judge Who UPHELD Indiana’s Strict Voter ID Law in Crawford) Holds Indiana Cannot Reject Mail-in Ballots for a Purported Signature Mismatch Without Giving Voter Notice and a Chance to Cure

August 20, 2020, 4:20 pmabsentee ballots, court decisionsRick Hasen

A very important and correct ruling on both due process and equal protection grounds.

7th Circuit Affirms Order Easing Way for Libertarian Party and Others Onto the Illinois Ballot, After Illinois Elections Board Changed Its Mind

August 20, 2020, 11:33 amballot access, court decisions, third partiesRick Hasen

From the unsigned order: Once again in its appellate briefs the Board asks this court to reverse the district court’s decisions and permit the Board to determine the best options for balancing the, plaintiffs’ interests with the statutory ballot… Continue reading

Alabama: “Absentee voting lawsuit against state dismissed by judge”

August 7, 2020, 10:50 amcourt decisions, election administrationRick Hasen

AL.com: A state judge on Wednesday threw out a lawsuit by disability advocates challenging provisions of Alabama’s absentee ballot laws, saying his court lacked jurisdiction and the plaintiffs lacked standing to sue.The lawsuit, initially filed in May in Montgomery… Continue reading

“Fear of COVID-19 will not be reason to vote absentee in November, Tennessee Supreme Court rules”

August 6, 2020, 7:16 amabsentee ballots, court decisionsRick Hasen

Tennesseean: Fear of COVID-19 will not be a reason to vote by mail in the November general election, the Tennessee Supreme Court ruled Wednesday. Absentee ballots filed for Thursday’s primary will remain valid, according to the court.The high… Continue reading

“NC must give voters a chance to fix mail-in ballots before they’re thrown out, judge rules” (Link to ruling)

August 4, 2020, 8:37 pmabsentee ballots, court decisions, election administrationRick Hasen

News & Observer: Fears of coronavirus endangering voters in North Carolina this fall — or potentially lowering voter turnout — aren’t enough to force the state to change many of its elections laws, a federal judge has ruled.However, U.S.… Continue reading

Breaking: Supreme Court, on Divided Vote, Refuses to Vacate Stay in Florida Felon Reenfranchisement Case, Meaning Potentially Hundreds of Thousands of Former Felons Reenfranchised by Florida Voters Won’t Get to Vote in November

July 16, 2020, 10:37 amcourt decisions, felon voting, Supreme CourtRick Hasen

With at least three of the Court’s four liberal Justices dissenting, the Supreme Court refused to intervene in a case involving Florida felon voting rights, with big implications for voting in November. The procedural path of this case is complex,… Continue reading

“Court denies Mich. absentee ballots that come after election”

July 15, 2020, 12:34 pmabsentee ballots, court decisionsRick Hasen

AP: The Michigan appeals court denied a request to require the counting of absentee ballots received after the time polls close on Election Day, ruling that the deadline remains intact despite voters’ approval of a constitutional amendment that expanded… Continue reading

Read the Federal District Court Opinion Extending the Time for Oregon Initiative Proponents to Collect Signatures for Redistricting Ballot Measure

July 13, 2020, 5:34 pmballot access, court decisions, direct democracyRick Hasen

Following up on this post, you can read this order.

“Court Blocks Montana Law That Restricts Voting Rights of Native Americans”

July 7, 2020, 4:27 pmcourt decisions, Voting Rights ActRick Hasen

Release: A Montana court has blocked a state law that severely restricts the right to vote for Native Americans.The American Civil Liberties Union, ACLU of Montana, and Native American Rights Fund successfully sought the preliminary injunction halting the so-called… Continue reading

Breaking: 7th Circuit, after 3 Year Delay, Decides Challenge to Wisconsin Voter ID and Related Voting Provisions, in Short Unanimous Opinion, Upholding and Striking Down Some Parts of Law; This is Mostly a Loss for Voting Rights Plaintiffs

June 29, 2020, 4:37 pmcourt decisions, The Voting Wars, voter idRick Hasen

You can find the 27-page unanimous decision, with no explanation for the 3 year delay in this case, at this link. This is mostly a loss for the plaintiffs in these cases, as the appeals court rejected many (though… Continue reading

11th Circuit Rejects Alabama’s Motion for Stay on Virus-Related Election Changes to Make Voting Easier in Upcoming Runoff

June 25, 2020, 1:34 pmcourt decisions, UncategorizedRick Hasen

Here is the order. And two of the judges had this to say about the Purcell principle: “Purcell is not a magic wand that defendants can wave to make any unconstitutional election restriction disappear so long as an impending… Continue reading

“Federal court tosses suit brought by Texas Democrats seeking to revive straight-ticket voting”

June 24, 2020, 3:32 pmcourt decisionsRick Hasen

Texas Tribune: A federal judge on Wednesday threw out Democrats’ effort to reinstate the straight-ticket voting option in Texas.Siding with the state, U.S. District Judge Marina Garcia Marmolejo found that Democrats lacked standing to challenge Texas Republicans’ decision to… Continue reading

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