5th Circuit Reverses District Court Order Which Would Have Made It Easier for Texas Voters to “Cure” Signature Mismatch; Case Shows Danger of Pursing These Cases with Increasingly Conservative Judiciary

You can find the opinion by Judge Smith (along with a concurrence by Judge Higgenbotham at this link. This case is a nice illustration of the dangers of bringing these suits seeking federal court orders easing voting during a pandemic. … Continue reading

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“Pa. has rejected 372,000 ballot applications — most of them duplicates — bewildering voters and straining officials”

Philly Inquirer: Pennsylvania has rejected 372,000 requests for mail ballots, straining election offices and bewildering voters in one of the most hotly contested battlegrounds in the presidential election.More than 90% of those applications, or about 336,000, were denied as duplicates, primarily because … Continue reading

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Breaking: Federal District Court Rejects Trump Campaign Lawsuit Against Pennsylvania Drop Boxes and Other Voting Rules, Finding Fraud Claims Speculative; Appeal Chances Slim

138-page opinion. It was pretty clear that’s where this one was heading, and I have serious doubts that the Trump campaign is going to do better if they try to appeal this up the appellate ladder. As I explained in … Continue reading

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Breaking and Analysis: 7th Circuit, on 2-1 Vote, Rejects District Court Extension of Wisconsin Deadline for Receipt of Absentee Ballots, Relying Heavily on Supreme Court’s Earlier Ruling in South Carolina Case

As I noted in this Slate piece earlier this week, “Generally, though, the Republican side may be far more successful in blocking lower court orders sought by Democrats and voting rights groups seeking to expand voting by mail. Although Democrats … Continue reading

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Federal District Court Won’t Issue Requirement that Ohio Secretary LaRose Expand Use of Drop Boxes Given Other Options for Collecting Ballots LaRose Has Offered, For Now

From the ruling: It is now settled law that off-site drop boxes are neither prohibited nor compelled in Ohio.Yesterday, October 5, the Secretary issued Directive 2020-22. In his latest Directive, the Secretary authorized any board to deploy its staff to … Continue reading

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“Federal judge refuses to stop mail-in voting in Montana, blasts Trump-backed ‘fiction’ of massive voter fraud”

CNN: A federal judge in Montana rejected the Trump campaign’s effort to stop an expansion of mail-in voting in the state.The Trump campaign and the Republican National Committee filed the lawsuit earlier this month after Democratic Montana Gov. Steve Bullock issued a directive allowing … Continue reading

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“Federal judge rules against voting-rights activists’ challenge of Ohio signature-matching rules on absentee ballot applications”

Cleveland.com:  A federal judge has ruled Ohio’s system of verifying signatures on absentee ballot applications is not burdensome enough to be struck down as illegal, rejecting arguments made by a coalition of voting-rights groups that sued the state.U.S. District Judge … Continue reading

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“America’s Electorate is Increasingly Polarized Along Partisan Lines About Voting by Mail During the COVID-19 Crisis,

The Proceedings of the National Academy of Sciences has just published a new paper, “America’s Electorate is Increasingly Polarized Along Partisan Lines About Voting by Mail During the COVID-19 Crisis,” by Mackenzie Lockhart, Seth J. Hill, Jennifer Merolla, Mindy Romero, … Continue reading

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Ohio SOS LaRose Argues Courts Should Defer to His “Reasonable” Interpretation of Ohio Law to Allow Only One Drop Box for Absentee Ballots Per County; He Should Favor an Interpretation Enfranchising Voters

You can find the brief at this link. This is disappointing from Secretary LaRose. The brief argues that to the extent the statute is ambiguous, the courts should give his interpretation deference. Yet Secretary LaRose has said he favored expansive … Continue reading

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