Lawsuits seek voting by mail

Jerry Bellune
Posted 4/30/20

State election officials face 2 lawsuits aimed at permitting voting by mail in the June 9 primary and November general election.

The Democratic Congressional Campaign Committee filed suit …

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Lawsuits seek voting by mail

Posted

State election officials face 2 lawsuits aimed at permitting voting by mail in the June 9 primary and November general election.

The Democratic Congressional Campaign Committee filed suit against the SC Election Commission to allow such voting through the end of the year.

The suit cites fears that social distancing mandates will still be in effect making risky voting in person possibly illegal.

Gov. Henry McMaster has begun reopening the economy in hopes of returning the state to pre-pandemic normalcy. Yet some fear he is moving too fast and that another virus outbreak could return in the fall.

State lawmakers would need to vote to change the date of the primary election.

McMaster has signaled he is opposed.

State Elections Commission Director Marci Andino has suggested lawmakers consider allowing anyone to vote by mail for any reason.

Lawmakers have not yet considered any of the recommendations.

State law allows voters to cast absentee ballots. They must have at least 1 of a dozen reasons for not being able to vote in person. They can vote absentee if serving in the military, have a religious conflict, are traveling abroad, are senior citizens, ill or disabled.

The suit urges the SC Supreme Court to rule that:

• This severely threatens the constitutional right to free and open elections.

• Those who practice covid-19 social distancing qualify as “physically disabled” and can cast absentee ballots.

Joining the lawsuit is the SC Democratic Party.

The American Civil Liberties Union joined with the National Association for the Advancement of Colored People Legal Defense to file a separate lawsuit on the same grounds.

“State law restrictions on absentee voting will needlessly force many African American and other voters to vote in-person in contradiction of the governor’s shelter in place order,” said Deuel Ross, senior counsel at NAACP Legal Defense.

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