UPDATED: U.S. Supreme Court Denies Mail Ballot Appeal by GOP in Rhode Island

Thursday, August 13, 2020

 

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The Supreme Court of the United States effectively upheld the implementation of a consent agreement suspending Rhode Island’s witness/notary requirements for voting by mail in the September and November elections.

The decision comes five days after the decision by the U.S. Court of Appeals for the First Circuit -- SCOTUS denied a challenge by Republicans, who had requested a stay.

“Your health should never be the price of admission to our democracy. Making it easier to vote safely from home by removing the burden of obtaining two witnesses or a notary is a common-sense step that will protect Rhode Islanders during this pandemic. We will mail out the requested mail ballots for our September 8 primary starting today," said RI Secretary of State Nellie Gorbea. 

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"I thank the Supreme Court for delivering their decision in a timely manner and I look forward to delivering Rhode Islanders safe and secure elections they can trust," she added. 

ACLU Applaudes "Important Win"

"In an important win for voting rights, the Supreme Court today rejected efforts by the Republican National Committee and Rhode Island Republican Party to try and block Rhode Island from eliminating witness/notary requirements for vote by mail in 2020 due to the COVID-19 pandemic," said the RI ACLU in a statement. 

“We are very pleased that the Republican Party's efforts to turn the fundamental right to vote into an episode of ‘Survivor’ has failed," said Steven Brown, Executive Director, ACLU of Rhode Island. "We are grateful that our vulnerable plaintiffs and others like them will be able to vote securely from the safety and privacy of their homes as they did in June, without needing to risk their health or lives. Today’s action is a victory for basic principles of democracy.”

“We are thrilled that the Supreme Court agreed not to stay the consent decree. Because of this order hundreds of thousands of Rhode Island voters will be able to safely cast their ballots without risking their health," said Common Cause Executive Director John Marion. "Common Cause Rhode Island and our fellow plaintiffs are grateful for the court's action and everyone who made this important victory possible, including our attorneys at the ACLU, Campaign Legal Center, and Fried Frank.”

RI GOP Responds

The RI GOP issued the following, after the decision:

We are disappointed in the Court’s 6-3 decision. We fear that this decision will create more, not less confusion this election year. In Alabama, a state law requiring witnesses for mail ballots is constitutional, but in another, Rhode Island, it is unconstitutional. Whether a state election law violates the U.S. Constitution now depends on the whims of your state’s election officials. The authority of state legislators in establishing election laws has been undermined.

We also fear that the Court’s decision will encourage Rhode Island officials to repeat the June presidential primary election fiasco in November. Not only will the witness requirement for mail ballots be waived but unsolicited mail ballot applications will be sent out to everyone, including voters who have moved or are dead. The June presidential primary election nearly overwhelmed the system. About 2,825 mail ballots were not counted and 36,281 mail ballots that were sent out have never been unaccounted for. The June election was inconsequential, but a chaotic November election will have serious consequences for public confidence in our election system.

UPDATED Thursday 1:43 PM

 
 

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