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1 Different Rules for Excuse-Based Absentee Voting and Pandemic-Related Mail Voting 1 (2020)

handle is hein.congcourts/fjcdfex0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Different Rules for Excuse-Based Absentee Voting and Pandemic-Related Mail Voting 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 vot- ers 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 rea- sonable 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. At a time when opportunities to vote by mail in Missouri were expanded be- cause of social distancing made necessary by the global COVID-19 infectious pandemic, five organizations filed a federal complaint on Thursday, Septem- ber 17, 2020, in the Western District of Missouri against state and county elec- tion officials challenging (1) electronic acceptance of excuse-based absentee ballot requests but not pandemic-related mail ballot requests, (2) rejection of ballots for immaterial technicalities, and (3) lack of mandatory opportunities to cure technical defects.1 With their complaint, the plaintiffs filed a motion to certify a class of 116 local election authorities.2 Two days later, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction.3 On Monday, Judge Brian C. Wimes set the case for a telephonic status con- ference on the following Thursday, providing contact information to counsel by email.4 Judge Wimes granted the plaintiffs some relief on October 9.5 1. Complaint, Org. for Black Struggle v. Ashcroft, No. 2:20-cv-4184 (W.D. Mo. Sept. 17, 2020), D.E. 1; Org. for Black Struggle v. Ashcroft, __ F. Supp. 3d __, __, 2020 WL 6325722 (W.D. Mo. 2020) (p.2 of opinion filed at W.D. Mo. No. 2:20-cv-4184, D.E. 65); see Kurt Erik- son, With Early Voting Underway, Missouri Facing a Trio of Lawsuits Over Mail-In Ballots, St. Louis Post-Dispatch, Sept. 24, 2020, at A6. 2. Class Certification Motion, Org. for Black Struggle, No. 2:20-cv-4184 (W.D. Mo. Sept. 17, 2020), D.E. 5. 3. Injunction Motion, id. (Sept. 19, 2020), D.E. 23; see Org. for Black Struggle v. Ashcroft, 978 F.3d 603, 605 (8th Cir. 2020). 4. Docket Sheet, Org.for Black Struggle, No. 2:20-cv-4184 (W.D. Mo. Sept. 17,2020) [here- inafter W.D. Mo. Docket Sheet] (D.E. 26). 5. Org. for Black Struggle, __ F. Supp. 3d __, 2020 WL 6325722 (opinion filed at W.D. Mo. No. 2:20-cv-4184, D.E. 65); see Kurt Erickson, Federal Court Orders Change to Mail-In Voting While Missouri's High Court Affirms Law, St. Louis Post-Dispatch, Oct. 10, 2020, at Al. Federal Judicial Center 12/21/2020 I