The Columbus Dispatch

Hundreds of voting lawsuits filed

More cases expected after polls close Tuesday

- Alan Gomez and Kevin Mccoy

In Alabama, a Black man with Parkinson’s disease and asthma asked a court to allow curbside voting but was turned down by the U.S. Supreme Court. In Florida, 700,000 felons trying to regain their right to vote were hampered by five judges appointed by President Donald Trump. In Arkansas, three judges appointed by Republican presidents told elderly residents worried about COVID-19 exposure they could sign ballot initiative­s through a window.

At the same time, arguments from Trump’s lawyers have been shot down in several states, and the president was dealt two setbacks by the Supreme Court just before Election Day in cases that expanded absentee voting – a procedure he has criticized without evidence as the source of ballot fraud.

Those outcomes are part of a recordsett­ing number of lawsuits that have been filed this year, with even more expected to come after polls close Tuesday. In all, more than 230 election-related federal lawsuits were filed from Jan. 1 to Oct. 23, higher than any of the past three presidenti­al election years during the same time period, a USA TODAY analysis of federal court data found.

The outcomes have been mixed. Voting rights advocates won numerous COVid-19-related decisions that expanded access to absentee ballots, extended deadlines to count those ballots and allowed blind and disabled voters to cast their ballots electronic­ally or by phone. Trump’s lawyers and his supporters have also scored key victories, locking in Election Day deadlines for absentee voting, limiting the number of ballot drop boxes and blocking other measures to ease voting.

The flood of litigation has been powered by the coronaviru­s pandemic that forced states to adjust their normal voting protocols.

Lawyers representi­ng Trump, the Republican Party and conservati­ve voters have warned – with little evidence – of fraud as they’ve urged courts to limit voter registrati­on efforts, block universal mail-in voting and other pandemicre­lated changes. “The electoral process cannot function properly if it lacks integrity and results in chaos,” Trump’s attorneys wrote in a Nevada lawsuit.

Supporters of Democratic nominee Joe Biden, the Democratic Party, civil rights groups and organizati­ons representi­ng vulnerable communitie­s have fought back. They have urged judges to eliminate requiremen­ts that witnesses sign absentee ballots and approve postage-free envelopes for absentee ballots.

“We have seen a level of voter suppressio­n that has really been unpreceden­ted,” said Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educationa­l Fund.

USA TODAY’S review of hundreds of lawsuits that were filed or had signifi

cant rulings in 2020 found that courts have already made pivotal decisions on who can vote, how they vote and the process used to count their votes. USA TODAY also reviewed election lawsuit data compiled and maintained by the Stanford-mit Healthy Elections Project and the Brennan Center for Justice.

The analysis found that Trump has already been assisted by the legions of federal court judges he appointed during his first term in office. The Supreme Court has played a significant role in election-related cases, issuing a series of decisions halting lower-court rulings that would have expanded voting access. The confirmation of Associate Justice Amy Coney Barrett, Trump’s third Supreme Court nominee, further cemented the court’s 6-3 conservati­ve majority, giving Trump and Republican­s an even more significant advantage.

At times, the hyperpolit­icized nature of the 2020 election cycle has contribute­d to lawsuits that often sound like an

angry Twitter feed.

In Michigan, a Republican state candidate argued in court documents that sending absentee ballot requests to all voters would only help “the deep state.” In Illinois, a county Republican Party accused the state’s Democratic governor of implementi­ng an emergency election system designed to minimize Republican ballots and “if the election still doesn’t turn out the way he wants it, to generate enough Democratic ballots after election day to sway the result.”

Lawsuits initiated by Democrats and advocacy groups have accused Republican officials of purposeful­ly curtailing the vote for constituen­cies that don’t support them. In Minnesota, several groups challenged a state law requiring a witness to sign absentee ballots, which they claim is discrimina­tory to African and Native Americans who tend to suffer from higher rates of preexistin­g conditions that make their communitie­s more vulnerable to the coronaviru­s.

 ?? DUSTIN FRANZ/AFP VIA GETTY IMAGES ?? Residents of Cuyahoga County in Ohio, separated by plastic due to health concerns amid the coronaviru­s pandemic, fill out paper ballots for early, in-person voting in Cleveland on Oct. 16.
DUSTIN FRANZ/AFP VIA GETTY IMAGES Residents of Cuyahoga County in Ohio, separated by plastic due to health concerns amid the coronaviru­s pandemic, fill out paper ballots for early, in-person voting in Cleveland on Oct. 16.

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