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Different Rules for Excuse-Based Absentee Voting and Pandemic-Related Mail Voting

Robert Timothy Reagan
July 22, 2023

Organization for Black Struggle v. Ashcroft (Brian C. Wimes, W.D. Mo. 2:20-cv-4184)
A district judge determined that it was not proper to require voters who were voting by mail because of social distancing made necessary by an infectious pandemic to mail in their ballots while allowing voters voting absentee because of another excuse to hand-deliver their ballots. The judge did not enjoin rejection of mailed-in ballots with errors even without notice and opportunities to cure the errors. The court of appeals stayed the district judge’s injunction, finding reasonable a decision not to expand opportunities for hand-delivering ballots before election day during a pandemic.
Subject: Absentee and early voting. Topics: Early voting; absentee ballots; equal protection; Covid-19; interlocutory appeal; class action.

One of many Case Studies in Emergency Election Litigation.