First up is a case from Alabama. A US district court judge, Abdul K. Kallon, an Obama appointee took it upon himself to rewrite the Alabama election statutes. Kallon ruled that the ban on curbside voting, the requirement that absentee ballots be signed by a notary or two witnesses, and the requirement for a photo ID with absentee ballot applications, as applied during the COVID-19 pandemic, violated federal law.
The 11th Circuit Court issued a stay today preventing most of Judge Kallons order from going into effect while the case makes its way through the appeals process. The only thing the 11th left standing was the curbside voting, which allows any municipality to do so if it wants.
The next case comes out of Texas, where Governor Greg Abbot limited the number of ballot drop-boxes to one per county. He had previously issued an order allowing “drop-boxes” without restriction on number.
Judge Robert Pittman, an Obama appointee, held that infringed on Texan’s 1st and 14th amendment rights because covid or something.
The Fifth Circuit Court of Appeals granted a stay against the Order of Judge Pittman today. They ruled that even with the limited drop-box availability, the fact there were drop-boxes at all were an expansion of voting rights, not a burden.
US District Court Judge Dan Polster, a Clinton appointee, tried to rewrite Ohio election law only to be reversed by the 6th Circuit Court of Appeals. Polster had issued an injunction preventing the Ohio secretary of state from limiting the number and make-up of ballot collection boxes. From the 6th Circuit ruling:
The district court enjoined Ohio Secretary of State Frank LaRose from enforcing his directive that absentee ballot drop boxes be placed only at the offices of the county boards of elections. Secretary LaRose appealed to this Court, and now moves for an administrative stay and a stay of the district court’s injunction pending appeal…. we grant the motion for a stay pending appeal….
Related: Election Law Round-up
We wrap up the wrap-up with a case out of Missouri that isn’t quite settled yet. Back in June, the Missouri legislature amended the laws there to allow an option for all registered voters to cast a “mail-in” ballot for elections in 2020. These are referred to in the legislation as “remote ballots.” The legislation requires remote ballots to be delivered by the USPS while normal absentee ballots can be delivered in person as well as by mail. District Court Judge Brian Wimes, an Obama appointee, decided he didn’t like the delivery options for the ballots so he changed it to a procedure he liked better, all ballots not cast in-person at a polling location may be delivered in-person by the voter to Missouri election officials, the “remote ballots” must be received by Missouri in the same manner as the “absentee ballots.” He simply eliminated the requirement that the “remote ballots” be delivered only by the Postal Service.
This case is still wending its way thru the courts, and given the decisions from the various Circuit Courts, I would be surprised if the injunction stands.