The American Democracy Minute Radio Report & Podcast for Nov. 14, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In a case likely destined for the U.S. Supreme Court, a federal appeals court struck down a Mississippi law allowing receipt and counting of mail-in ballots up to five days after election day. Pro-voter groups are fighting back.

A three-judge appeals panel in the notoriously conservative 5th Circuit federal court ruled Oct. 25th that federal law does not allow any state to extend the receipt of ballots after election day, including in-state ballots or the UOCAVA mail ballots used for overseas military and diplomatic personnel.  The panel allowed counting those ballots for the 2024 election, but sent the case back to a lower court.

Despite 20 states offering a grace period of varying lengths, U.S. Circuit Judge Andrew Oldham wrote, “Federal law does not permit the state of Mississippi to extend the period for voting by one day, five days, or 100 days.”  

Pro-voter groups asked November 8th for a reconsideration in front of ALL 5th Circuit judges, but the case is likely to ultimately be appealed to the U.S. Supreme Court.  For now, the ruling applies only to the 5th Circuit states of Mississippi, Louisiana and Texas.  But an adverse ruling by the Supreme Court’s conservative majority – which often throws precedent out the window – could impact millions of voters at home and abroad who depend on mail ballots.

We have links to the case documents and other reporting at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:

National Conference of State Legislators – Receipt and Postmark Deadlines for Absentee/Mail Ballots
NPR – Appeals court sides with GOP on Miss. law that provides grace period for mail ballots
Reuters – US appeals court says counting ballots received after Election Day is illegal
U.S. Court of Appeals for the Fifth Circuit (via Democracy Docket) –  PETITION OF INTERVENOR DEFENDANTS – APPELLEES VET VOICE FOUNDATION AND THE MISSISSIPPI ALLIANCE FOR RETIRED AMERICANS FOR REHEARING EN BANC

Groups Taking Action:

Vet Voice Foundation, Mississippi Alliance for Retired Americans

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State

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#Democracy  #DemocracyNews #Mississippi #5thCircuit #VotebyMail #SCOTUS

The post Fringe Federal Court Ruling Invalidating the Counting of Mail-In Ballots in Mississippi After Election Day is Challenged by Pro-Voter Groups appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Oct. 30, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We have important updates for three consequential voting rights cases we’ve been following in Pennsylvania, Nevada and Georgia, just a week before the November 2024 election. 

October 28th, the Republican National Committee appealed a Pennsylvania Supreme Court decision allowing voters whose mail ballot secrecy envelopes were missing or unsealed, to vote by provisional ballot instead. The RNC asked the U.S. Supreme Court for an emergency ruling, claiming Pennsylvania’s high court overstepped the legislature’s authority over election law.  The U.S. Supreme Court has not yet responded.

The Nevada Independent reports that Oct. 28th, the state supreme court upheld a ruling that mail-in ballots without postmarks received within three days after election day must be counted.   Republicans appealed the decision, arguing the lower court misread the law.  The majority said the appeal was too close to the election, and wrote:  “If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote.”  

The Georgia Supreme Court October 22nd denied a Republican appeal to restore a Georgia state election board rule allowing county election board members to make a “reasonable inquiry” and obstruct certifying the election. The rule will NOT be in effect November 5th.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

Pennsylvania Spotlight/AP – Republicans ask U.S. Supreme Court to block counting of some provisional ballots in Pa.
U.S. Supreme Court – Republican National Committee, et al., Applicants v. Faith Genser, et al.

ScotusBlog – Republicans ask Supreme Court to block decision to count Pennsylvania provisional ballots
Nevada Independent – Nevada Supreme Court rules non-postmarked ballots can be counted within 3 days of election
Georgia Recorder – Georgia Supreme Court delays ruling on controversial election board rules until after Nov. 5

Groups Taking Action:

ACLU PA,  PA Conference of the NAACP, Fair Fight Action, ACLU GA,  Common Cause GA, Nevada Alliance for Retired Americans

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #VotingRights #MailInBallots #Pennsylvania #Georgia #Nevada

The post Updates on Important Pennsylvania, Nevada and Georgia Voting Rights Decisions and Appeals Just Days Before the Election appeared first on American Democracy Minute.

The American Democracy Minute Radio Report for Sept. 25, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

National and state Republicans will ask the federal Fifth Circuit Court of Appeals to strike down a Mississippi law which counts mail-in ballots up to five days after election day.  The decision could have national consequences.

Oral arguments will be heard in the notoriously Conservative Fifth Circuit before three Trump-appointed judges on Sept. 24th, but many legal observers see the case as likely to be appealed to the U.S. Supreme Court no matter what the outcome. 

Mississippi law allows for a mail-in ballot to be counted up to five days after election day, provided it’s postmarked on or before election day.  Sixteen other states allow extra time, ranging from Texas, with one day, to Washington, which does not have a time limit. 

The GOP argues that for federal elections, federal law is paramount, and Congress directed that federal elections be conducted on a “uniform” national election day that would not include extra days for mail-in ballots. 

A ban on extra days could disenfranchise millions of voters, especially if the courts ignore the Supreme Court’s Purcell Principle discouraging voting rights cases too close to an election.  Combined with persistent reports of U.S. Postal Service delivery delays in rural areas, democracy advocates suggest allowing extra delivery time no matter what the court decides.

We have the RNC’s complaint, and analysis of the case linked at AmericanDemocracyMinute.org.   I’m Brian Beihl. 

Today’s Links

Articles & Resources:
U.S. Fifth Circuit Court of Appeals via Democracy Docket – RNC/Mississippi GOP Complaint

Mississippi Today – RNC appealing federal judge’s order upholding Mississippi’s absentee ballot counting law
Democracy Docket – RNC Challenge to Mississippi’s Mail-In Ballot Deadline to Be Heard by 5th Circuit
National Conference of State Legislatures – Receipt and Postmark Deadlines for Absentee/Mail Ballots

FindLaw – Mississippi Absentee Ballot Delivery Code, Title 23. Elections § 23-15-637
CNN – Three Trump appeals court judges will consider a case that could limit mail-in voting

Groups Taking Action:

League of Women Voters MS, Disability Rights Mississippi, ACLU Mississippi

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• USA Vote Foundation – Registration, Eligibility, State Election Office Links
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #Mississippi #VoterSuppression #VotebyMail

The post GOP Challenge to Mississippi Mail Ballot Deadline Law Likely to Set Up U.S. Supreme Court Challenge with National Consequences appeared first on American Democracy Minute.