Proposed Changes to Federal, State Election Rules Face Uncertain Future
Proposed radical changes to state and federal election rules are still on hold for now – but threats remain at both levels.
Trump Executive Order Restricting Voting by Mail Remains Blocked
At the federal level, the Trump executive order requiring the U.S. Postal Service (USPS) to not deliver absentee ballots that don’t comply with its terms has again been halted by a federal judge. On August 27, U.S. District Court Judge Indira Talwani blocked the government from implementing the order for two weeks.
“Plaintiff states have neither time nor funds to design new mail ballots, seek approval of the new designs, order production of mail ballots, update their own election management systems, train election officials to use the USPS portal and upload citizen data to the portal, all before the midterms,” Talwani wrote in her order.
Her ruling came in response to the renewed legal challenge to Trump’s order by a coalition of 24 states (including North Carolina) and the District of Columbia.
The Constitution Is Clear
Trump bases his attempts to limit voting by mail on his false claims that they are heavily impacted by voter fraud, and that his 2020 election loss was due to widespread voting fraud. Both claims have been repeatedly shown to be false.
Voting rights advocates contend that Trump’s executive order is clearly unconstitutional, since the U.S. Constitution delegates control over voting procedures to the states, and in some cases to Congress. The executive branch is given no authority – by presidential executive order or otherwise – under the Constitution to set or modify voting rules without Congressional authorization.
“The Constitution is clear on this: The states have the authority over elections, not the Postal Service,” said NC Attorney General Jeff Jackson in a news release explaining the lawsuit. “Not only is this last-minute rule change against the law, but it threatens North Carolinians’ voting rights and imposes a whole new process right before an election. We’re taking the Postal Service to court to stop it.”
1/3 Of Americans Vote By Mail
Jackson also notes that the new USPS rule “goes into effect only days before North Carolina law requires county boards of elections to begin mailing ballots for the midterm elections. The rule could mean that eligible voters won’t receive lawfully requested absentee ballots in time to be returned and counted.”
Nearly a third of American voters vote by mail. Eight states primarily rely on mailed ballots. North Carolina is one of 29 states which allow no-excuses-needed absentee voting by mail. The remaining 13 states allow voting by mail under certain circumstances.
Trump has already appealed from the new injunction against his order. His appeal will go to the 1st Circuit U.S. Court of Appeals. In theory, the case could again reach the U.S. Supreme Court prior to the election.
NC State Board of Elections Rule Changes Delayed by Rules Review Request
In North Carolina, several controversial changes to polling procedures and voting administration have been delayed by a rules review law. The law (ironically) was initially adopted as a means of blocking strong environmental rules. The law states that rules under review by the Rules Review Commission which receive letters of objection from at least 10 people can’t go into effect until the legislature returns in a new regular session and has time to review them. Thanks to this, voters across the state could have more access to voting this election cycle.
The state legislature is currently in recess until after the election, but is still in the current session. A new regular session does not begin until next year.
What the New Rules Target
The rule changes being challenged include the following:
- Allowing a simple majority vote of a county Board of Elections to disqualify an absentee ballot by mail, or a provisional ballot cast by a voter without a photo ID at the time they voted. At present, the vote by a county board must be unanimous in order to disqualify these ballots. The change would allow disqualifications on a party-line vote with only the Republican members voting in favor.
- Broadening precinct election officers’ ability to eject observers from the polling place.
- One section of a rule dealing with recounts
In his letter of objection to several provisions, Governor Josh Stein said that the changes make “casting an absentee ballot more complicated and burdensome and increase the likelihood that more voters casting absentee ballots will see their votes thrown out. Many North Carolinians, including people who are elderly, disabled, or ill, choose to vote absentee by mail, and there is no evidence that the additional proposed requirements for these votes to be counted are necessary.”
Unnecessary Barriers
In a statement after the August 27 meeting of the Rules Review Committee meeting which allowed the rule changes, Stein criticized “partisan actors” for late changes to balloting rules so close to an election. Stein added, “The harmful and unnecessary changes proposed by Auditor Boliek’s State Board of Elections risk creating confusion for voters, chaos for election officials, and unnecessary barriers to the ballot box. I urge all North Carolinians to call on their elected officials and the State Board of Elections to stop undermining our democracy.”
The Rules Review Commission is appointed by legislators and is currently entirely composed of Republican appointees.
Take Action!
Contact the State Board of Elections at (919) 814-0700 and ask them to protect our right to vote by mail.
Why Democracy?
Why does an environmental organization focus so much on protecting our democracy? It is because we know we depend on a free, fair, and representative democracy to truly protect our air, water, and communities from pollution and over-development. When communities have a say, they protect their environment. That’s why the power to decide what should happen with our environment should stay with the people; particularly those who face the consequences of the coinciding environmental decisions.
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