Checking Absentee Ballots
Categories of threats to
absentee ballots, and best defenses
· Main paper, “Threats and Defenses Involving Absentee Ballots”
· Supplement on
pairs of ballots, signatures, investigations, literature and data tables
· Procedures
& cost of thank-you
notes for absentee ballots (2 pages)
·
Table showing how each state
checks absentee ballots, and links to state laws
· Short
paper on auditing ballot marking devices (BMDs)
Current Procedures for
checking absentee ballots
· 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 Court of Appeals remands to district court that signature matching needs
strict scrutiny. State Supreme Court has not yet ruled.
· 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/
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
Other
sources: