News Clips

The Trump administration attorneys said the lawsuit was premature since it’s impossible to know who will be affected by the exclusion order before the head count is finished and whether the Census Bureau will come up with a method for figuring out who is a citizen. But Gregory Diskant, an attorney for one of the plaintiffs, Common Cause, said waiting to challenge the president’s memo until after the apportionment numbers are turned in would create even greater problems. 

“The positive thing that we can say is that the majority of election officials in this country have moved to provide more access to the ballot,” said Sylvia Albert, director of Common Cause’s voting and elections program, on a call with reporters last week. Albert said voters have benefited from a general shift toward mail voting this year but added that a clear winner in the legal battles has not emerged. “I would actually say it’s a mixed bag, and that’s the reflection of the decentralization of our election system. So while state judges have actually found generally more in favor of expanding voting rights, federal courts have generally deferred to the wants of the local election officials,” she said.

“This could be 2000′s hanging chad in Pennsylvania,” said Suzanne Almeida, interim director of the state chapter of the nonpartisan watchdog Common Cause. “Potential challenges, delays in results, questions on which ballots count and who counts them — there are just a lot of questions, and that could open up Pennsylvania to a lot of uncertainty.” The group is working with election officials statewide, emphasizing clear and consistent guidelines for dealing with questionable marks, such as when a voter circles a name or uses an X or a checkmark rather than filling in the oval — or even crosses out one selection and marks a second.

“The federal judiciary is not being a great avenue for relief,” said Sylvia Albert, director of voting and elections at Common Cause, a nonpartisan nonprofit. “Some state courts have provided more. And that’s where you’ve seen more orders for expanded access.” ... The Pennsylvania Supreme Court’s ruling extending the ballot receipt deadline could be the first case to go before the U.S. Supreme Court. Normally, decisions made by a state’s highest court are the last word on election matters. “What this appeal is saying is that that state court got it so wrong that it can’t stand,” said Albert, adding, “That’s unusual.”

Kate Titus, executive director of Common Cause Oregon, says another problem is just the uncertainty of the period. Someone whose home has just burned down doesn’t necessarily know they will be living more than five weeks from now. “A lot of people in this chaotic situation aren’t sure yet where they will be on Election Day,” she says. (Common Cause supports the voter registration deadline being moved to as close as election day so people can re register new addresses as needed.)

Some inconsistencies likely arose from confusion over the last-minute court rulings, according to Jay Heck, state director for Common Cause Wisconsin, a government watchdog group. The appeals court reversed the district court’s lifting of the witness requirement just days before the election, he noted, leaving election officials disoriented. Heck also pointed to Wisconsin’s “unusually decentralized” election administration system, in which 1,850 separate municipalities handle voter registration and absentee ballots.