Checking Absentee Ballots
Contents
Categories of threats to absentee
ballots, and best defenses
Current Procedures for checking
absentee ballots
Table,
graph and links to sources on voters’ confidence in elections
Court
decisions which stopped signature reviews
Pending
cases to stop signature reviews
Court
cases which challenged ballot rejections for missing dates
Categories
of threats to absentee ballots, and best defenses
·
Main paper, “20 Threats and Defenses for Absentee Ballots and Other Election
Procedures” This explains the threats summarized in the infographic
· Supplement with links & citations for the
threats, detailed numbers, state investigation differences, literature review,
and data tables
·
Procedures
& cost of thank-you
notes for absentee ballots (2 pages)
· Short paper on auditing ballot
marking devices (BMDs)
· State rules on what the public can observe
Current
Procedures for checking absentee ballots
·
Table
showing how each state
checks absentee ballots, and links to state laws
· Details on a dozen counties and cure
results, from public
records requests, 2022
· 2020
spreadsheet: number
of ballots accepted & rejected for various reasons in each US jurisdiction,
with some state summaries, 2020 EAC survey
· 2022
spreadsheet: number
of ballots accepted & rejected for various reasons in each US jurisdiction,
with some state summaries, 2022 EAC survey
Table, graph and links to sources on voters’ confidence in elections
Court decisions which stopped signature reviews
2019 IA LULAC of Iowa, Taylor Blair. http://votewell.net/polk.pdf
"the risk
of depriving Iowans of the right to vote outweighs any state interest
in requiring
signature-verification of absentee applications and ballots... The lack of
standards for comparing signatures; the lack of expertise and training
regarding comparing signatures; and the unknown source, quantity and quality of
any signatures 'on record' all contribute to a likelihood of error in
determining a voter’s signature doesn’t match... The signature matching
provisions of HF 516 do not pass rational basis scrutiny under the Equal
Protection Clause of the Iowa Constitution."
· IA Supreme Court agreed to block signature
matching, 8/10/2018 https://www.iowacourts.gov/courtcases/2998/embed/AdditionalFile
· https://iowastartingline.com/2019/10/01/partial-win-for-voting-rights-in-iowa-district-court/
and
· Lawyers for LULAC included Marc Elias &
others of Perkins Coie.
2018 US Dist. of NH:
Saucedo, Heard, Fitzpatrick. https://www.courtlistener.com/docket/6324891/saucedo-v-nh-secretary-of-state/
· order #72 at https://storage.courtlistener.com/recap/gov.uscourts.nhd.45850/gov.uscourts.nhd.45850.72.0_1.pdf
"The absence of functional
standards is problematic, and the likelihood of error resulting therefrom is
only compounded by the lack of meaningful review or oversight. ... Such
discretion [in signature verification] becomes constitutionally intolerable once
other factors are taken into account:"
·
complaint #1 at https://storage.courtlistener.com/recap/gov.uscourts.nhd.45850/gov.uscourts.nhd.45850.1.0.pdf
"no voter should be disenfranchised simply because of penmanship.
"
·
https://www.concordmonitor.com/aclu-ballot-signature-ruling-19481030
·
Lawyers for Saucedo et al. included ACLU
Pending cases to stop signature reviews
2023 KS, LWV,
Loud Light, Appleseed, Topeka Ind. Living v. SOS & AG https://www.lwv.org/legal-center/league-women-voters-kansas-v-schwab
KS Supreme Court remands to district court to decide if signature is reasonably
uniform and cure process is adequate.
· Lawyers for LWV et
al. include Elias Law Group
2022 WA,
King County, Vet Voice, WA Bus, Centro de la Raza, Martinez, Cantrell, Britt
v. King County & SOS. https://www.democracydocket.com/cases/washington-signature-matching-challenge/
Waiting for decision by WA Supreme Court. Complaint says, “Washingtonians do not have their
signatures scrutinized to prove their identity when they sign wills, property
deeds, vehicle titles, tax declarations, tax returns, driver’s licenses, gun
licenses, contracts, or other legally significant documents. Indeed, affidavits
and declarations offered in Washington (and federal) courts are routinely
accepted without being subject to this faux science signature matching process.
Lawyers sign complaints, judgments, and legal liens without such scrutiny.
Washington citizens are born, marry, divorce, adopt children, and die with
formal county and state documentation, none of which is subjected to this
process… an election official might deem “Bob” and “Dick” to be common
nicknames of “Robert” and “Richard” but fail to identify “Lalo” as a diminutive
of “Eduardo” or “Chuy” as a nickname for “Jesús.” Indeed, RCW 29A.60.165(2)(c)
compounds this problem by allowing election officials to count ballots where
the voter signed with a “common” nickname.”
· Lawyers for Vet Voice et al. include Perkins Coie
Court cases which endorsed a process to cure
mismatched signatures or give more information to voters
2021 US E.Dist. of WA: Reyes, LULAC, LCF. v. Benton, Chelan, Yakima Counties https://www.courtlistener.com/docket/59891554/reyes-v-chilton/ #120:motion for summary judgement,
#155:response. #195-A:Settlement requires Spanish notices & training, and
last pages have electronic signature certificates which would not be allowed
for absentee ballots: https://bloximages.newyork1.vip.townnews.com/ncwlife.com/content/tncms/assets/v3/editorial/b/82/b82123ea-5267-11ee-85ab-775863a77f97/650206cf7450e.pdf.pdf
2020 US S. Dist.
Of OH: LWV of OH, Randolph Inst, Mangeni, Campbell. https://www.courtlistener.com/docket/17401211/league-of-women-voters-of-ohio-v-larose/
Deny preliminary injunction in docket #53, because cure process exists
· https://lawyerscommittee.org/wp-content/uploads/2020/08/Ohio.pdf
"a
minimum of two hours is required to conduct a signature comparison."
(p.238 of pdf, p.10 of exhibit from Linton Mohammed, docket #24-6)
2020 US W. Dist. of TX: Richardson, Weisfeld, MOVE, LWV of TX,
Austin Justice, Texans w/Disabilities. https://www.courtlistener.com/docket/16027137/george-richardson-v-texas-secretary-of-state/
Ruling at #99, #105
· https://www.democracydocket.com/cases/texas-signature-matching-challenge/
· 2023 overturned on appeal: Sec. of State
not responsible for signature reviews, so not the right party to sue, docket
#125
2020 US S. Dist of IN: Frederick, Collier,
Marks, Clark, Common Cause IN. https://www.courtlistener.com/docket/15619889/frederick-v-lawson/
Superceded by new law for cures: https://stateofelections.pages.wm.edu/2021/10/18/big-changes-indiana-election-law-curing-ballots-private-funds/
2020 US Dist. of ND: Self Advocacy, LWV of ND, Romo. https://www.courtlistener.com/docket/17221282/self-advocacy-solutions-nd-v-jaeger/
Settled by cure process, docket #36-37
2018 US N. Dist of FL: Florida
Democratic Party (4:16-cv-00607). https://www.courtlistener.com/docket/4501391/florida-democratic-party-v-detzner/
Superseded by cure process in CSHB 105, FL statutes 101.68(2)(c)1, docket #53.
· Lawyers included
Marc Elias of Perkins Coie
2018 US N. Dist of FL Democratic
executive committee of Florida v. Detzner. https://www.courtlistener.com/opinion/7333195/democratic-exec-comm-of-fla-v-detzner/?
Superseded by cure process in CSHB 105, FL statutes 101.68(2)(c)1, above
Court cases which challenged ballot rejections for missing dates
Georgia: 15 community groups sued in Georgia. Judge gave preliminary injunction against rejecting ballots for lack of a birth date, saying birth date is not "material in determining whether such individual is qualified under State law to vote in such election." 52USC§10101(a)(2)(B). Doc#613, 8/18/23. courtlistener.com/docket/61643275/in-re-georgia-senate-bill-202/?order_by=desc
Pennsylvania: https://www.votebeat.org/pennsylvania/2024/05/29/aclu-challenges-ballot-date-requirement-act-77-commonwealth-court/
Other cases:
https://www.democracydocket.com/cases/topic/vote-by-mail/
