Texas: State Supreme Court pauses expansion of voting by mail during coronavirus | Alexa Ura/The Texas Tribune
The Texas Supreme Court on Friday temporarily put on hold an expansion of voting by mail during the coronavirus pandemic. Siding with Attorney General Ken Paxton, the Supreme Court blocked a state appeals court decision that allowed voters who lack immunity to the virus to qualify for absentee ballots by citing a disability. That appellate decision upheld a lower court's order that would have allowed more people to qualify to vote by mail. The state's Supreme Court has not weighed the merits of the case. It’s the latest in an ongoing legal squabble that in the last three days has resulted in daily changes to who can qualify for a ballot they can fill out at home and mail in. Federal and state courts are considering legal challenges to the state’s rules for voting by mail as Democrats and voting rights groups ask courts to clarify whether lack of immunity to the coronavirus is a valid reason for people to request absentee ballots. A resolution to that question is gaining more urgency every day as the state approaches the July primary runoff elections.New Jersey: Lawsuit tries to block Internet voting in New Jersey | Joseph Marks/The Washington Post
Human rights activists and New Jersey law students are suing to block the state from using Internet-based voting systems, which security experts say are fundamentally insecure against hacking. The effort is a shot across the bow for the online systems, which some states have embraced as a solution for people who have trouble voting by mail during the pandemic despite widespread security concerns. New Jersey piloted an app-based system on Tuesday in a collection of 33 small elections for people with disabilities that make it impractical for them to vote by mail. Everyone else had to vote by mail and there was no in-person voting option. New Jersey officials haven’t said whether they plan to repeat the pilot in the state’s July primary or the general election, but the lawsuit is trying to stop those plans before they start. It's essentially an offshoot of an earlier lawsuit that challenged the security of the state's voting machines and also dealt with the danger of voting systems going online. “It’s critical that voting be accessible for everybody but not at the expense of security and the risk of a group of people having their votes manipulated,” said Penny Venetis, director of Rutgers University Law School’s International Human Rights Clinic, which is challenging the use of online voting on behalf of Coalition for Peace and its New Jersey division as well as a state legislator.National: ‘It’s Partly On Me’: GOP Official Says Fraud Warnings Hamper Vote-By-Mail Push | Pam Fessler/NPR
Republican state officials who want to expand absentee and mail-in voting during the pandemic have found themselves in an uncomfortable position due to their party's rhetoric. President Trump has claimed repeatedly, without providing evidence, that mail-in voting is ripe for fraud and bad for the GOP. He and other Republicans have charged that Democrats might use it to "steal" the election. Kentucky Secretary of State Michael Adams told NPR he got his "head taken off" by some fellow Republicans for his plan to send every registered voter a postcard telling them how they can easily apply for an absentee ballot for the state's June 23 primary. "The biggest challenge I have right now is making the concept of absentee voting less toxic for Republicans," he said. Adams said the presumption that absentee voting is less secure is frustrating because Kentucky has safeguards in place to protect against fraud — including requiring people to apply for ballots instead of automatically sending them to everyone on the voter rolls. But Adams admitted he is partly to blame. Like many Republicans, he ran for office on a platform of fighting voter fraud. His campaign slogan was to "make it easy to vote and hard to cheat."Arkansas: Governor expresses support for no-excuse absentee voting, doesn’t commit to November implementation | Andrew Epperson/KNWA
With important elections coming up in November, scientists expect another COVID-19 spike before the polls open. Gov. Asa Hutchinson (R) on Wednesday expressed support for no-excuse absentee ballots but fell short of saying he’d use emergency powers to implement them before voting season. “If there is an issue that needs to be addressed in November in which we’re still in a public health emergency, I will at that time use the powers for no-excuse absentee voting,” Hutchinson said. The legislature approved Hutchinson’s temporary emergency powers to battle the COVID-19 outbreak. By November, these powers may no longer be wielded, he said.Florida: Election officials push DeSantis on COVID-19 voting changes | Anthony Man/South Florida Sun-Sentinel
Florida elections supervisors said Wednesday that Gov. Ron DeSantis needs to “act immediately” to take steps to alleviate coronavirus-caused strains on the state’s voting systems. They want emergency changes in state rules, and they said DeSantis needs to access $20.2 million in federal money to help pay for election changes necessitated by the pandemic. While Florida waits, other states are out buying up supplies. A letter to DeSantis indicated frustration on the part of the 67 county supervisors of elections, who sent him a detailed request for emergency changes in election rules on April 7. Five weeks later, the supervisors are still waiting. Primaries for congressional, county and state legislative nominations and nonpartisan elections for school board and judges are on Aug. 18. But mail ballots for military and overseas voters go out July 4 and early voting in some counties starts on Aug. 3. “Our request for executive action cannot wait any longer,” Craig Latimer, president of the Florida Association of Supervisors of Elections, wrote in Wednesday’s follow up.Georgia: Judge rules against delaying Georgia’s June 9 primary again | Mark Niesse/The Atlanta Journal-Constitution
A federal judge on Thursday dismissed a lawsuit that attempted to postpone Georgia’s June 9 primary election because of the coronavirus pandemic. The ruling by U.S. District Judge Timothy Batten leaves the primary date unchanged, with in-person early voting set to begin Monday.Batten wrote that elected Georgia officials have the authority to decide how to run elections — not the courts.“The framers of the Constitution did not envision a primary role for the courts in managing elections, but instead reserved election management to the legislatures,” Batten wrote in a 12-page order after a hearing earlier in the day. Lawyers for several Georgia voters had pleaded for a postponement of the primary, saying it would have allowed more time to vote by mail and prepare for in-person voting. But attorneys for state election officials said everyone will be able to vote safely, and the primary must go on even during the coronavirus.Georgia: Tech glitches keep Atlanta voters waiting for mail ballots | Ben Nadler/Associated Press
The election director for Georgia’s most populous county said Thursday that technical issues have prevented officials from processing absentee ballot applications sent in by email, causing a backlog of thousands of pending applications ahead of the June 9 primaries. Voters in Fulton County, covering Atlanta and its northern and southern suburbs, have complained of weeks of waiting with little or no information. The issue highlights growing pains Georgia counties are experiencing from the state’s big shift toward absentee voting by mail amid the coronavirus pandemic. Election Director Richard Barron made the remarks at a video conference meeting of the Fulton County election board. He said that while the county was largely caught up with ballot applications sent through the mail, processing emailed applications has caused “a lot of difficulty.”Massachusetts: Officials want more voting options during coronavirus pandemic, but can’t agree on execution | Chris Lisinski/State House News Service
Speaker after speaker told lawmakers Thursday that more opportunities to vote by mail and more early voting will help the statewide elections in September and November proceed with minimal risks of COVID-19 transmission. But on the specific details of how to do that -- whether to mail ballots to every voter or only those who request one, how long in-person early voting periods should last, and how polling places should be spread out to maintain social distancing -- there was frequent disagreement. The Legislature’s Election Laws Committee did not take immediate action Thursday after hearing testimony from a range of stakeholders. When it does, its members will need to balance competing preferences from the state’s top elections official, municipal leaders, and their own colleagues, all with the clock ticking and Secretary of State William Galvin hoping to begin printing ballots as soon as June 2.Minnesota: Governor considers ‘next steps’ to increase mail-in voting in Minnesota | Stephen Montemayor/Star Tribune
Gov. Tim Walz on Tuesday said he favors conducting Minnesota's elections primarily by mail after a proposal to expand mail-in voting during the pandemic was struck from a $17 million elections package state lawmakers sent to his desk this week. The legislation the DFL governor signed Tuesday represents a setback for Democrats in Washington and Minnesota who had sought to expand voting by mail during the COVID-19 emergency and into the 2020 elections. But Walz indicated he is looking at other options to make it easier to vote by mail. "The Governor supports universal mail-in voting, especially during this pandemic and considering a second wave of COVID-19 could hit this fall ahead of the November election," said Teddy Tschann, the governor's press secretary. "He is considering next steps in how to ensure Minnesotans are safely able to exercise their right to vote." Executive action by the governor likely became the only way that the state's Aug. 11 and Nov. 3 elections could be conducted by mail-in balloting after a proposal championed by DFL lawmakers and Secretary of State Steve Simon was dropped from the bill funding statewide elections.Missouri: Mail-in-voting option tucked into wide-sweeping elections bill | Emily Wolf/Columbia Missourian
An amendment to allow expanded mail-in ballots during the COVID-19 pandemic grew from five pages to 31 overnight, morphing into a piece of legislation that would change Missouri’s voter ID laws, fees for ballot initiatives and running for office. The proposal, passed through the House as part of a larger bill, would allow voting by mail in the August and November statewide elections without voters stating a reason they cannot make it to polls. The bill would expire at the end of the year. Currently, Missouri law only allows people to cast absentee ballots if they say they’ll be unable to make it to the polls for any of six reasons, including absence from the area or confinement due to illness or physical disability. Officials across the state have been split on whether that reason applies to fears of contracting COVID-19. Secretary of State Jay Ashcroft has not released guidance on how counties should set up voting, leaving it in the hands of local election authorities.Verified Voting Blog: Letter to New Jersey Governor regarding the use of internet voting options
Download the following letter sent on behalf of the Brennan Center for Justice at NYU School of Law, Common Cause, and Verified Voting, to express our concern about the use of internet voting options in New Jersey elections. Dear Governor Murphy, Attorney General Grewal, Secretary Way, and Director Giles: We write concerning the use of internet voting options in recent local elections, as well as statements from state officials that this limited implementation will serve as a pilot for potential expanded use in future elections.[1] We agree with the legal conclusions expressed in Professor Penny Venetis’s May 7th letter,[2] that the use of internet voting would violate the statewide court order issued in Gusciora v. Corzine,[3] and we are aware of new litigation brought by Mercer County Assemblyman Reed Gusciora and New Jersey citizen groups arguing the same. As Judge Feinberg recognized in Gusciora, “as long as computers, dedicated to handling election matters, are connected to the Internet, the safety and security of our voting systems are in jeopardy.” While we recognize the challenges that the pandemic poses for our democracy and the need to expand voting options to ensure free and safe elections, these expansions should not be done in a way that jeopardizes election security. And the overwhelming consensus among security experts is that no method of internet voting can be conducted in a secure manner at this time. For this reason, we strongly urge you to refrain from any further use of internet or mobile voting systems in 2020.Pennsylvania: Election security experts urge Pennsylvania to begin planning for expanded mail-in voting this fall | Deb Erdley/Tribune-Review
With the Pennsylvania primary three weeks away, researchers at the University of Pittsburgh’s Institute for Cyber Law, Policy and Security say the state must begin planning immediately for secure balloting in the Nov. 3 presidential election.
“Bold action is needed on nearly every front here in Pennsylvania, in the United States and around the world. … A hotly contested presidential election, unsterilized machines, short-staffed polling places and crowds of voters and poll workers in close quarters could all contribute to the spread of coronavirus and undermine orderly election administration,” according to a new report from the Pitt Institute.
Institute Policy Director Christopher Deluzio said any election action plan for November should include mailing every registered voter an application for a mail in ballot for the general election. The new report recommended adopting plans to provide safe polling places, recruiting poll workers from local colleges or groups that are at least risk for infection and planning for voter education.
Although Pennsylvania was able to easily move the primary election from April 28 to June 2 to protect public health in the midst of the coronavirus pandemic, there are no easy options should the pandemic threat fail to abate by Nov. 3, Deluzio said.
He dismissed a flurry of speculation prompted by comments President Donald Trump’s son-in-law Jared Kushner made when he told the New York Times he could not rule out pushing back the November election.
“There is no mechanism for the president to change the date of the election in November absent action from Congress,” Deluzio said.
Pitt Institute researchers dismissed claims that mail-in balloting would give either party an advantage or increase the potential for fraud.
“The evidence simply does not support that,” DeLuzio said, pointing to studies by researchers at Stanford University and the Brennen Center for Justice. Both studies concluded that there was no increase in fraud or political advantage in states that have long had mail-in voting.
The Pitt report cautioned states against looking to online voting to resolve public health concerns.
“It is not secure and there is potential for fraud there,” Deluzio said.
He estimated it would cost Pennsylvania about $55 million more to send every voter a ballot application for the November election, mail out ballots with return postage and then tabulate them.
Allegheny County has already taken that advice to heart, recently moving to send every registered voter an application for a mail in ballot for the primary.
This is the first year Pennsylvania voters have had the option of mail-in voting.
Gov. Tom Wolf has encouraged voters with health concerns to consider mail-in balloting in the June 2 primary.
Voters have until Tuesday, May 26 to request a mail in ballot at VotesPA.com and until 8 p.m. June 2 to return ballots to their county election bureau.
State records that show about a million Pennsylvanians applying for mail in ballots suggested fear of infection at the polling places may be driving many to become early adopters of the new option.
Even counties that have made no effort to promote it have seen a surge in mail-in voting.
