This article covers modifications made to election dates, procedures, and administration in 2020, largely in response to the coronavirus pandemic. This article was updated on a routine basis beginning on March 16, 2020, and concluding on November 19, 2020. It is preserved here for archival purposes.
A timeline of changes: In this section, brief descriptions of noteworthy modifications are listed in reverse chronological order. For dates with multiple events, entries are listed alphabetically by state.
A summary of changes: These sections contain maps and tables that summarize election modifications by type.
Relevant litigation: This section contains a partial list of relevant lawsuits involving election administration issues in light of the COVID-19 outbreak.
State-by-state compilation of changes: In this section, descriptions of election modifications are listed in alphabetical order by state. For states with multiple events, entries are listed in reverse chronological order.
The following is a list of developments involving changes to election dates and procedures resulting from the COVID-19 outbreak. Entries are listed in reverse chronological order. Click on the date of the entry for additional information. Only the ten most recent events are displayed. For previous events, click "Previous developments (click to expand)" below.
October 29, 2020: A three-judge panel of the Michigan Court of Appeals affirmed a lower court's decision that suspended Secretary of State Jocelyn Benson's (D) order prohibiting the open carry of firearms in or near polling places.
October 29, 2020: A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit ruled 2-1 that the extension of Minnesota's absentee/mail-in ballot return deadline was likely unconstitutional "because the Secretary [of State] extended the deadline for receipt of ballots without legislative authorization." The court stopped short of invalidating the extension, however, instead directing officials to keep ballots received after November 3, 2020, separate from the others "in the event a final order is entered by a court of competent jurisdiction determining such votes to be invalid or unlawfully counted."
October 29, 2020: The U.S. Supreme Court again declined to reinstate North Carolina's statutory absentee/mail-in ballot return deadline, allowing the extension ordered by the North Carolina State Board of Elections to stand. The court rejected a similar challenge a day before, on October 28, 2020.
October 28, 2020: The U.S. Supreme Court declined to reinstate North Carolina's statutory absentee/mail-in ballot return deadline, allowing the extension ordered by the North Carolina State Board of Elections to stand.
October 28, 2020: The U.S. Supreme Court declined to expedite consideration of a case involving the Pennsylvania Supreme Court's extension of the state's mail-in ballot return deadline, allowing the extended deadline to stand.
October 28, 2020: Judge Jason Pulliam, of the U.S. District Court for the Western District of Texas, temporarily invalidated an exemption for polling places in Governor Greg Abbott's (R) statewide mask mandate, requiring most voters to wear masks when voting in person.
October 28, 2020: Frederick County (Virginia) Circuit Court Judge William W. Eldridge ruled that absentee/mail-in ballots that are not postmarked could be accepted if they were received after Election Day. Eldridge added that election officials could accept a ballot with an illegible postmark for up to three days after Election Day, provided the voter casting the ballot signed and dated the accompanying oath before the election.
October 27, 2020: Michigan Court of Claims Judge Christopher Murray issued an order blocking Secretary of State Jocelyn Benson's (D) directive barring individuals from openly carrying firearms near polling places on Election Day.
October 27, 2020: Judge Richard Mark Gergel of the U.S. District Court for the District of South Carolina ruled that county election officials in South Carolina could not reject absentee/mail-in ballots on the basis of perceived mismatch between the signature on the ballot return documents and the voter's signature on file.
October 26, 2020: The U.S. Supreme Court voted 5-3 against reinstating a court-ordered extension of Wisconsin's receipt deadline for absentee/mail-in ballots. As a result, the statutory receipt deadline (November 3, 2020) was allowed to stand.
October 23, 2020: The Pennsylvania Supreme Court ruled that election officials could not reject a mail-in ballot because the signature on the ballot return documents did not appear to match the voter's signature on file.
October 23, 2020: Texas' Third Court of Appeals affirmed a lower court's October 14, 2020, ruling that suspended Governor Greg Abbott's (R) order restricting the number of absentee/mail-in ballot return locations to one per county.
October 22, 2020: The U.S. Court of Appeals for the Eight Circuit blocked a district court order that would have allowed Missouri voters to return their mail-in ballots in person. As a result, the law requiring voters to return their mail-in ballots by mail was upheld.
October 21, 2020: The U.S. Supreme Court, on a 5-3 vote, reinstated Alabama's prohibition against curbside voting.
October 21, 2020: The Iowa Supreme Court upheld an Iowa law barring county election officials from sending absentee/mail-in ballots to voters who omitted information on their ballot application forms.
October 20, 2020: The U.S. Court of Appeals for the Fourth Circuit declined to block the extension of North Carolina's absentee/mail-in ballot return and receipt deadlines. As a result, ballots would be accepted if they were postmarked on or before Election Day and received by 5 p.m. on November 12, 2020.
October 19, 2020: The North Carolina State Board of Elections directed counties to accept absentee/mail-in ballots received by 5 p.m. on November 12, 2020, and postmarked on or before Election Day. The state board of elections also issued new guidance on how voters can resolve problems with their absentee/mail-in ballots.
October 19, 2020: The U.S. Supreme Court declined to block the Pennsylvania Supreme Court's order extending the receipt deadline for mail-in ballots to November 6, 2020, for ballots postmarked on or before Election Day.
October 19, 2020: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit unanimously upheld a district court decision that temporarily suspended a Tennessee law requiring first-time voters to vote in person.
October 16, 2020: A three-judge panel of the Michigan Court of Appeals reversed a lower court order that had extended Michigan's receipt deadline for absentee/mail-in ballots. The appellate panel reinstated the original receipt deadline: 8 p.m. on November 3, 2020.
October 14, 2020: Judge William Osteen, of the U.S. District Court for the Middle District of North Carolina, ordered election officials to enforce the state's witness requirement for absentee/mail-in ballots. Osteen allowed other ballot curing provisions, and the absentee/mail-in ballot receipt deadline (November 12, 2020, for ballots postmarked on or before Election Day), to stand.
October 14, 2020: Judge John A. Gibney, of the U.S. District Court for the Eastern District of Virginia, ordered that Virginia's voter registration deadline be extended from October 13, 2020, to October 15, 2020.
October 13, 2020: A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed a district court order suspending Alabama's witness requirement for absentee/mail-in voters with underlying medical conditions. The panel also reversed the lower court's order waiving photo identification requirements for voters 65 and older.
October 13, 2020: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that had extended Arizona's voter registration deadline. The court set October 15, 2020, as the new registration deadline.
October 13, 2020: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit stayed a lower court's order that had extended Indiana's return deadlines for absentee/mail-in ballots. As a result, the original receipt deadline (noon on November 3, 2020) was reinstated.
October 12, 2020: The Alaska Supreme Court affirmed a lower court's order suspending the state's witness requirement for absentee/mail-in ballots.
October 12, 2020: A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a directive by Texas Governor Greg Abbott (R) restricting the number of absentee/mail-in ballot return locations to one per county.
October 9-10, 2020: On October 9, 2020, Judge Brian C. Wimes, of the U.S. District Court for the Western District of Missouri, issued an order requiring Missouri election authorities to accept mail-in ballots returned in person. However, on October 10, 2020, Wimes stayed his order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.
October 9, 2020: A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit stayed a district court's order directing Ohio Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. As a result, LaRose's initial order limiting drop boxes to one site per county was reinstated.
October 9-10, 2020: On October 9, 2020, Judge Robert Pitman, of the U.S. District Court for the Western District of Texas, blocked Gov. Greg Abbott's (R) directive restricting the number of absentee/mail-in ballot return locations to one per county. However, on October 10, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit stayed Pitman's order, reinstating Abbott's directive.
October 8, 2020: A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to stay a lower court order that had extended registration and absentee/mail-in ballot return deadlines in Wisconsin.
October 8, 2020: Judge Dan Aaron Polster, of the U.S. District Court for the Northern District of Ohio, ordered Ohio Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices.
October 6, 2020: A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that would have allowed Arizona voters up to five days to provide missing signatures for absentee/mail-in ballots.
October 6, 2020: Florida Secretary of State Laurel Lee (R) announced that the state's voter registration would be extended to 7 p.m. on October 6, 2020.
October 6, 2020: The Iowa Supreme Court stayed a state court's order that had allowed county election officials to send pre-filled absentee/mail-in ballot request forms to voters.
October 5, 2020: Judge Steven Logan, of the U.S. District Court for the District of Arizona, ordered that Arizona's voter registration deadline be extended to 5 p.m. on October 23, 2020.
October 5, 2020: Judge Robert Hanson, of the Polk County District Court, issued an order allowing Iowa counties to send voters absentee/mail-in ballot applications with pre-filled personal information.
October 5, 2020: Ohio Secretary of State Frank LaRose (R) announced that counties would be allowed to offer multiple drop-off options for returning absentee/mail-in ballots. LaRose said that these options would be restricted to one site per county.
October 5, 2020: Judge James Dever, of the U.S. District Court for the Eastern District of North Carolina, issued a temporary restraining order against the settlement agreement approved by a state judge on October 2, 2020.
October 2, 2020: A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reinstated Georgia's November 3, 2020, receipt deadlines for absentee/mail-in ballots.
October 2, 2020: Judge Bryan Collins, of the Wake County Superior Court, approved a settlement extending North Carolina's absentee/mail-in ballot return receipt deadline from November 6, 2020, to November 12, 2020.
October 2, 2020: A three-judge panel of the Ohio 10th District Court of Appeals ruled that Ohio Secretary of State Frank LaRose (R) could direct counties to offer multiple drop-box locations for returning absentee/mail-in ballots. The panel stopped short of requiring LaRose to do so, overturning a lower court decision to that effect.
October 1, 2020: Texas Governor Greg Abbott (R) issued a proclamation limiting the number of return locations for absentee/mail-in ballots to one per county.
September 30, 2020: Judge Abdul Kallon, of the U.S. District Court for the Northern District of Alabama, issued a ruling that made a number of modifications to Alabama's voting laws.
September 29, 2020: Judge Sarah Barker, of the U.S. District Court for the Southern District of Indiana, issued an order extending the postmark and receipt deadline for absentee/mail-in ballots in Indiana to November 3, 2020, and November 13, 2020, respectively.
September 28, 2020: A three-judge panel of the United States Court of Appeals for the Fifth Circuit temporarily stayed a lower court's order that had reinstated Texas' straight-ticket ballot device, pending further proceedings. The court further stayed the order on September 30, 2020, effectively ensuring that the straight-ticket ballot device would not appear on general election ballots in 2020.
September 25, 2020: Iowa legislators approved an emergency directive, requested by Secretary of State Paul Pate (R), authorizing counties to begin processing absentee/mail-in ballots on October 31, 2020, the Saturday before Election Day.
September 25, 2020: Judge Marina Marmolejo, of the U.S. District Court for the Southern District of Texas, issued an order enjoining Texas officials from enforcing legislation that had rescinded the state's straight-ticket ballot option.
September 24, 2020: A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit voted 2-1 to stay a lower court decision suspending South Carolina's witness requirement for absentee/mail-in ballots in the general election. As a result, the witness requirement was reinstated.
September 21, 2020: Judge William M. Conley, of the U.S. District Court for the Western District of Wisconsin, issued an order extending the absentee/mail-in ballot receipt deadline in Wisconsin to November 9, 2020, for ballots postmarked on or before Election Day. Conley immediately stayed his ruling, giving the defendants to the four consolidated lawsuits prompting the order seven days to file an emergency appeal of the order.
September 18, 2020: Judge Cynthia Stephens, of the Michigan Court of Claims, issued a ruling extending Michigan's absentee/mail-in ballot receipt deadline to November 17, 2020, for ballots postmarked on or before November 2, 2020. Stephens also authorized voters to allow anyone of their choosing to return their ballots between 5:01 p.m. on October 30, 2020, and the close of polls on November 3, 2020.
September 18, 2020: The Mississippi state supreme court reversed a lower court ruling that had extended absentee/mail-in voting eligibility to individuals with "pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death."
September 18, 2020: The League of Women Voters reached a settlement agreement with New York election officials over ballot curing provisions for the November 3, 2020, general election.
September 18, 2020: Judge J. Michelle Childs, of the United States District Court for the District of South Carolina, issued a preliminary injunction barring election officials from enforcing South Carolina's witness requirement for absentee ballots in the November 3, 2020, general election.
September 17, 2020: The Pennsylvania Supreme Court issued rulings that extended the mail-in ballot receipt deadline and authorized the use of drop boxes for returning mail-in ballots in the November 3, 2020, general election.
September 16, 2020: Chief Judge Shelly Deckert Dick, of the U.S. District Court for the Middle District of Louisiana, ordered Louisiana election officials to make available to voters in the November 3, 2020, general election the same COVID-19 absentee ballot application used in the state's summer elections. This application offered COVID-19-specific reasons for requesting an absentee ballot.
September 16, 2020: Judge Richard A. Frye, of the Franklin County Court of Common Pleas, ordered Secretary of State Frank LaRose (R) to stop directing counties to provide no more than one absentee/mail-in ballot drop box per county. However, Frye immediately stayed his order in anticipation of an appeal by LaRose, leaving the limit in place pending appeal.
September 16, 2020: South Carolina Governor Henry McMaster (R) signed H5305 into law, extending absentee voting eligibility to all qualified electors in the November 3, 2020, general election. The legislation also established October 5, 2020, as the start date for in-person absentee voting (i.e., early voting).
September 15, 2020: Judge Richard Frye, of the Franklin County Court of Common Pleas, ruled that the order by Ohio Secretary of State Frank LaRose (R) directing counties to provide no more than one absentee/mail-in ballot drop box per county "lacked a legitimate basis in evidence" and was, therefore, "unreasonable and unlawful." Frye, however, stopped short of rescinding the order.
September 14, 2020: The League of Women Voters of Pennsylvania and the Urban League of Greater Pittsburgh dropped a lawsuit against the state after election officials issued guidance stating that counties cannot reject a mail-in ballot due solely to a perceived mismatch between the signature on the return envelope and the signature on the voter's registration record.
September 11, 2020: Judge Stephen L. McIntosh, of Ohio's Franklin County Court of Common Pleas, enjoined Secretary of State Frank LaRose (R) from rejecting absentee ballot applications submitted via fax or email.
September 11, 2020: Rhode Island Secretary of State Nellie Gorbea (D) announced that her office would send absentee/mail-in ballot applications to all active registered voters in the November 3, 2020, general election.
September 10, 2020: Judge Douglas Rayes, of the U.S. District Court for the District of Arizona, ordered Arizona election officials to give voters voters until 5:00 p.m. on the fifth business day after an election to sign their vote-by-mail ballot envelopes if they failed to sign at the time they submitted the ballots.
September 9, 2020: Judge Eli Richardson, of the U.S. District Court for the Middle District of Tennessee, temporarily suspended a Tennessee law requiring first-time voters to vote in person.
September 8, 2020: New York Governor Andrew Cuomo (D) announced that he would sign an executive order providing for the installation of absentee ballot return drop boxes at more than 300 locations statewide.
September 8, 2020: Judge Orlando Garcia, of the U.S. District Court for the Western District of Texas, ordered Secretary of State Ruth Ruggero Hughs to advise all local election officials that it is unconstitutional to reject an absentee ballot due to a perceived signature mismatch unless the voter is given pre-rejection notice of this finding and a "meaningful opportunity to cure his or her ballot's rejection."
September 4, 2020: Virginia Governor Ralph Northam (D) signed into law legislation providing for the use of drop-boxes to return absentee/mail-in ballots. The enacted legislation also provided for prepaid return postage.
September 2, 2020: Judge Denise Owens, of the Hinds County Chancery Court, ordered Mississippi officials to expand absentee voting eligibility in the November 3, 2020, general election to individuals with "pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death."
September 2, 2020: New York Governor Andrew Cuomo (D) announced the launch of an online absentee ballot request portal for the November 3, 2020, general election.
August 31, 2020: Judge Eleanor L. Ross, of the U.S. District Court for the Northern District of Georgia, issued an order extending the return deadlines for absentee ballots in the general election. Ross ordered officials to accept as valid any absentee ballots postmarked November 3, 2020, and received by 7:00 p.m., November 6, 2020.
August 31, 2020: Utah Governor Gary Herbert (R) signed into law legislation making several changes to administration procedures for the November 3, 2020, general election (including the requirement that counties provide some form of in-person Election Day and early voting).
August 28, 2020: New Jersey Governor Phil Murphy (D) signed three bills into law, making a number of modifications to the state's absentee/mail-in voting procedures for the November 3, 2020.
August 28, 2020: Governor Kevin Stitt (R) issued an executive order extending Oklahoma's state of emergency by 30 days. This triggered the implementation of the following modifications to Oklahoma's absentee ballot procedures.
August 27, 2020: Maine Governor Janet Mills (D) signed an executive order extending the mail-in voter registration deadline from October 13, 2020, to October 19, 2020.
August 20, 2020: New York Governor Andrew Cuomo (D) signed into law legislation extending absentee voting eligibility in that election to any voter who is "unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public."
August 19, 2020: Nebraska Secretary of State Bob Evnen (R) announced that his office would automatically send early/mail-in ballot applications to all registered voters in the November 3, 2020, general election whose home counties had not already done so.
August 14, 2020: Kentucky Governor Andy Beshear (D) and Secretary of State Michael Adams (R) announced several changes for the November 3, 2020, general election, including the extension of absentee/mail-in voting eligibility to all voters "concerned with contracting or spreading COVID-19."
August 14, 2020: New Jersey Governor Phil Murphy (D) announced that the state would automatically send mail-in ballots to all voters in the November 3, 2020, general election.
August 13, 2020: The Supreme Court of the United States denied an application by the Republican National Committee and the Republican Party of Rhode Island to stay a consent decree suspending witness/notary requirements for mail-in ballots cast in Rhode Island's 2020 elections.
August 12, 2020: The Maryland State Board of Elections voted to conduct early voting from October 26, 2020, through November 2, 2020, at approximately 80 voting centers statewide. The board also announced its intention to make at least 127 ballot drop-boxes for absentee/mail-in ballots available statewide.
August 12, 2020: Ohio Secretary of State Frank LaRose (R) directed each county election board to provide one drop-box for absentee/mail-in ballots in the November 3, 2020, general election.
August 10, 2020: Connecticut Governor Ned Lamont (D) issued an executive order directing election officials to accept absentee ballots postmarked by August 11, 2020, and delivered by August 13, 2020. The order applied only to the August 11, 2020, primary election.
August 10, 2020: Maryland Governor Larry Hogan (R) issued an executive order authorizing the Maryland State Board of Elections to operate a limited number of centralized voting centers in lieu of precinct polling places for in-person voting in the November 3, 2020, general election.
August 7, 2020: Arkansas Governor Asa Hutchinson (R) issued an executive order extending absentee ballot eligibility to all voters in the November 3, 2020, general election "who conclude their attendance at the polls may be a risk to their health or the health of others due to the COVID-19 pandemic." The order formalized a policy first announced by Hutchinson and Secretary of State John Thurston (R) on July 2, 2020.
August 7, 2020: A three-judge panel of the United States Court of Appeals for the First Circuit issued a per curiam opinion denying a motion by the Republican National Committee and the Republican Party of Rhode Island to stay the consent decree suspending witness/notary requirements for mail-in ballots in Rhode Island.
August 6, 2020: California Governor Gavin Newsom (D) signed SB 423 into law, authorizing counties to consolidate polling places in the November 3, 2020, general election, among other modifications to administration procedures.
August 6, 2020: Montana Governor Steve Bullock (D) issued a directive permitting counties to conduct the November 3, 2020, general election entirely by mail. Bullock also authorized counties to expand early voting opportunities for the general election.
August 12, 2020: The Maryland State Board of Elections set October 20, 2020, as the deadline for return of all absentee/mail-in ballot applications.
August 5, 2020: The Tennessee Supreme Court vacated a lower court order that had extended absentee voting eligibility to all voters during the course of the COVID-19 pandemic. As a result, the state's standard eligibility criteria would apply to the November 3, 2020, general election. The state granted that "individuals with a special vulnerability to COVID-19" and "or caretakers for individuals with a special vulnerability to COVID-19" would meet the existing statutory criteria for absentee voting eligibility.
August 5, 2020: The parties in League of Women Voters of Virginia v. Virginia State Board of Elections reached a settlement providing for the suspension of the Virginia's witness requirement for absentee ballots in the November 3, 2020, general election.
August 3, 2020: A Minnesota district court approved a consent decree between the plaintiffs and the state defendants in LaRose v. Simon. Under the terms of the consent decree, state election officials agreed to waive the witness requirement for mail-in ballots cast in the November 3, 2020, general election. The state also agreed to count all mail-in ballots postmarked on or before November 3, 2020, and received within business days of Election Day.
August 3, 2020: Nevada Governor Steve Sisolak (D) signed AB4 into law, directing election officials to distribute mail-in ballots automatically to all active registered voters in the November 3, 2020, general election.
July 31, 2020: Connecticut Governor Ned Lamont (D) signed HB6002 into law, allowing voters to cite concern over COVID-19 as a reason for voting by absentee ballot in the November 3, 2020, general election.
July 31, 2020: Pennsylvania Secretary of the Commonwealth Kathy Boockvar (D) announced that the state would provide prepaid return postage for all mail-in and absentee ballots in the November 3, 2020, general election.
July 31, 2020: Judge Mary McElroy, of the U.S. District Court for the District of Rhode Island, approved a consent agreement reached by the parties in Common Cause Rhode Island v. Gorbea. Rhode Island officials agreed not to enforce witness or notary requirements for mail-in ballots in both the September 8, 2020, primary and November 3, 2020, general elections.
July 28, 2020: Judge Joseph Laplante, of the U.S. District Court for the District of New Hampshire, ordered that nomination petition signature requirements for the Libertarian Party's candidates in New Hampshire's general election be reduced by 35 percent.
July 27, 2020: Texas Governor Greg Abbott (R) issued a proclamation extending the early voting period for the November 3, 2020, general election by six days. Originally scheduled to begin on October 19, 2020, early voting would instead open on October 13, 2020.
July 27, 2020: West Virginia Secretary of State Mac Warner (R) announced that all voters "concerned about their health and safety because of COVID-19" would be eligible to vote absentee in the November 3, 2020, general election.
July 20, 2020: Judge Richard Bennett, of the United States District Court for the District of Maryland, ordered that the nomination petition signature requirement for unaffiliated candidates in Maryland be reduced by 50 percent.
July 20, 2020: Vermont Secretary of State Jim Condos (D) issued a directive that a mail-in ballot be sent automatically to every active registered voter in the November 3, 2020, general election.
July 18, 2020: The United States Court of Appeals for the Fifth Circuit stayed a district court ruling that had allowed the Republican Party of Texas to proceed as planned with its in-person state convention. This ruling by the Fifth Circuit effectively reinstated the cancellation of the convention issued by Houston officials on July 8, 2020.
July 17, 2020: Alabama Secretary of State John Merrill (R) issued an emergency rule allowing any qualified voter to cast an absentee ballot in the November 3, 2020, general election.
July 17, 2020: The California Supreme Court ordered that the constitutional and statutory deadlines for congressional, state legislative, and Board of Equalization redistricting be extended by at least four months to account for anticipated delays in receiving data from the U.S. Census Bureau.
July 17, 2020: Iowa Secretary of State Paul Pate (R) announced that absentee ballot application forms would be sent automatically to all active registered voters in the November 3, 2020, general election.
July 17, 2020: New Hampshire Governor Chris Sununu (R) signed HB1266 into law, which formally established concern over COVID-19 as a valid reason for voting absentee in both the September 8, 2020, primary and November 3, 2020, general elections. The legislation also temporarily allowed voters to submit one absentee ballot application for both elections.
July 17, 2020: Karen Brinson Bell, the executive director of the North Carolina State Board of Elections, issued an emergency order mandating a number of modifications to in-person voting in the November 3, 2020.
July 17, 2020: Judge Lynn Hughes, of the United States District Court for the Southern District of Texas, ruled that the Republican Party of Texas could proceed as planned with its-person state convention, overturning the cancellation issued by Houston officials on July 8, 2020.
July 15, 2020: Judge John A. Gibney, of the United States District Court for the Eastern District of Virginia, reduced petition signature requirements for unaffiliated and minor-party candidates for federal office in Virginia as follows: 2,500 signatures for presidential candidates; 3,500 signatures for U.S. Senate candidates; and 350 signatures for U.S. House candidates. The filing deadline for unaffiliated and minor-party congressional candidates was extended to August 1, 2020.
July 14, 2020: A spokesperson for Massachusetts Secretary of the Commonwealth William Galvin (D) confirmed that his office was proceeding with plans to send mail-in ballot applications to all voters in the state's September 1, 2020, primary election.
July 14, 2020: Vermont Secretary of State Jim Condos (D) announced that the state would send mail-in ballot request forms to all eligible voters in the August 11, 2020, primary election.
July 13, 2020: The Texas Supreme Court dismissed a petition by the state Republican Party requesting that the court intervene and direct the city of Houston to allow the party's state convention to take place as planned. In light of the decision, the party's executive committee voted to hold the convention online.
July 9, 2020: Judge Larry Weiman, of the Texas 80th District Court, rejected requests from both the Republican Party of Texas and Steve Hotze, a Houston Republican, to bar Houston Mayor Sylvester Turner from cancelling the state Republican party convention, originally scheduled for July 16-18.
July 8, 2020: Judge Eleanor L. Ross, of the United States District Court for the Northern District of Georgia, issued an order in Cooper v. Raffensperger, reducing the petition signature requirement for independent and minor-party candidates in Georgia to 70 percent of their original numbers.
July 8, 2020: Maryland Governor Larry Hogan (R) ordered the state board of elections to send absentee/mail-in ballot request forms automatically to all qualified voters in the November 3, 2020, general election.
July 8, 2020: Mississippi Governor Tate Reeves (R) signed HB1521 into law. The legislation extended the postmark deadline for absentee ballots to November 3, 2020, and the receipt deadline to November 10, 2020. The legislation also established that an individual under a physician-ordered quarantine, or an individual caring for a dependent under quarantine, due to COVID-19 was eligible to vote by absentee ballot.
July 8, 2020: The South Carolina Election Commission announced that return postage for all mailed absentee ballots in the November 3, 2020, general election would be prepaid.
July 8, 2020: Houston Mayor Sylvester Turner announced the cancellation of the state convention of the Republican Party of Texas. The convention had been scheduled for July 16 through July 18 at the George R. Brown Convention Center.
July 6, 2020: Massachusetts Gov. Charlie Baker (R) signed into law legislation extending vote-by-mail eligibility in the fall primary and general elections to all qualified voters.
July 2, 2020: The Supreme Court of the United States temporarily stayed a district court order barring Alabama election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections while the United States Court of Appeals for the Eleventh Circuit hears a pending appeal of the district court's decision.
July 2, 2020: Arkansas Gov. Asa Hutchinson (R) and Secretary of State John Thurston (R) announced that voters in the November 3, 2020, general election would be allowed to cite concerns over COVID-19 as a valid excuse for voting absentee.
July 2, 2020: Vermont S348 became law without the signature of Gov. Phil Scott (R). The legislation authorized the secretary of state to implement modifications to election procedures without the approval of the governor.
July 1, 2020: Delaware Gov. John Carney (D) signed HB346 into law, providing for the state election commission to deliver automatically a vote-by-mail application to every qualified voter in the 2020 primary, general, and special elections.
July 1, 2020: In New York, the filing deadline for independent nominating petitions was extended to July 30, 2020.
June 26, 2020: New Mexico Gov. Michelle Lujan Grisham (D) signed SB4 into law, authorizing county clerks to mail absentee ballot applications automatically to registered, mailable voters in the November 3, 2020, general election.
June 26, 2020: The Supreme Court of the United States declined to reinstate a district court order that had expanded absentee voting eligibility in Texas. An appeals court stayed the district court's order, a decision that was allowed to stand as a result of the Supreme Court's decision not to intervene.
June 25, 2020: A three-judge panel of the United States Court of Appeals for the Eleventh Circuit declined to stay a lower court order barring Alabama election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections.
June 25, 2020: Iowa Governor Kim Reynolds (R) signed HF2486 into law, barring the secretary of state from mailing absentee ballot request forms to all voters without first obtaining approval from the state legislature. The legislation also barred county officials from decreasing the number of polling places by more than 35 percent during an election.
June 24, 2020: The Tennessee Supreme Court declined to stay a lower court order that had extended absentee voting eligibility to all voters during the pandemic.
June 21, 2020: The U.S. Court of Appeals for the Seventh Circuit affirmed a district court's order making a number of modifications to filing procedures for unaffiliated and new-party candidates in Illinois.
June 19, 2020: The Maryland State Board of Elections and the Green Party of Maryland reached a settlement in Maryland Green Party v. Hogan. Under the terms of the settlement, the petition signature requirement for obtaining party status for the Green and Libertarian parties was reduced from 10,000 to 5,000 signatures.
June 19, 2020: Rhode Island Governor Gina Raimondo (D) signed H7901 into law, reducing petition signature requirements for both primary and general election congressional candidates in 2020 by half.
June 18, 2020: California Governor Gavin Newsom (D) signed AB860 in law, requiring county election officials to mail absentee/mail-in ballots to all registered voters in the November 3, 2020, general election. On May 8, 2020, Newsom had issued an executive order to the same effect.
June 17, 2020: The Wisconsin Election Commission voted unanimously to send absentee/mail-in ballot applications automatically to most registered voters in the November 3, 2020, general election.
June 16, 2020: Illinois Governor J.B. Pritzker (D) signed SB 863 and HB2238 into law, requiring local election officials to deliver vote-by-mail applications to all November 3, 2020, voters who cast ballots in the 2018 general election, the 2019 consolidated election, or the 2020 primary election.
June 16, 2020: As the result of a lawsuit settlement, the absentee ballot postmark deadline in Minnesota was extended to August 11, 2020, in the August 11, 2020, primary election; the receipt deadline for absentee ballots was extended to August 13, 2020. The witness requirement for absentee ballots was also suspended.
June 12, 2020: California Judge Perry Parker, of the Sutter County Superior Court, issued a temporary restraining order suspending Executive Order N-67-20, which had authorized counties to consolidate polling places in the November 3, 2020, general election, provided they offer three days of early voting.
June 12, 2020: North Carolina Governor Roy Cooper (D) signed HB1169 into law, reducing the witness signature requirement on completed absentee ballots from two to one.
June 11, 2020: Louisiana Governor John Bel Edwards (D) signed HB167 into law, extending the deadline by which a ballot-qualified party must notify the state of its presidential nominee from August 18, 2020, to August 25, 2020.
June 7, 2020: New York Governor Andrew Cuomo (D) signed into law legislation extending the submission deadline for absentee ballots in the June 23, 2020, election to June 23, 2020.
June 5, 2020: Louisiana Governor John Bel Edwards (D) signed HB751 into law, extending the candidate qualifying deadline for the November 3, 2020, election to July 24, 2020.
June 4, 2020: Missouri Governor Mike Parson (R) signed SB631 into law, permitting any registered voter to cast an absentee ballot in any 2020 election, subject to a notarization requirement.
June 4, 2020: The Chancery Court for Tennessee's Twentieth Judicial District ruled that Tennessee's absentee voting law, which limits eligibility to those meeting certain criteria, "during the unique circumstances of the pandemic, constitutes an unreasonable burden on the fundamental right to vote guaranteed by the Tennessee Constitution." The court ordered the state to extend absentee voting eligibility to all Tennessee voters during the course of the pandemic.
June 3, 2020: California Governor Gavin Newsom (D) issued an executive order giving counties permission to consolidate polling plaes in the November 3, 2020, general election, provided they offer three days of early voting.
June 3, 2020: Maine Governor Janet Mills (D) issued an executive order extending the voter pre-registration deadline in the July 14, 2020, election to July 7, 2020.
June 1, 2020: Pennsylvania Governor Tom Wolf (D) issued an executive order extending the absentee ballot receipt deadline for the June 2, 2020, primary to 5:00 p.m. on June 9, 2020 (with a postmark deadline of June 2, 2020) in Allegheny, Dauphin, Delaware, Erie, Montgomery and Philadelphia counties.
May 27, 2020: The Montana Supreme Court voted 5-2 to halt a lower court order that had extended the absentee ballot receipt deadline for the June 2, 2020, primary election to June 8, 2020.
May 27, 2020: The Texas state supreme court ruled that a voter's lack of immunity to COVID-19 does not qualify as a disability under the state's election laws and, therefore, cannot be cited as an excuse for voting absentee.
May 25, 2020: Judge J. Michelle Childs, of the United States District Court for the District of South Carolina, issued a preliminary injunction barring election officials from enforcing South Carolina's witness requirement for absentee ballots in the June 9, 2020, primary and subsequent runoff elections.
May 21, 2020: Puerto Rico's Democratic Party announced that its presidential preference primary would take place on July 12, 2020.
May 20, 2020: Connecticut Governor Ned Lamont (D) issued an executive order extending absentee voting eligibility to any registered voter in the August 11, 2020, primary if there is no "federally approved and widely available vaccine for prevention of COVID-19" at the time he or she requests an absentee ballot.
May 19, 2020: Michigan Secretary of State Jocelyn Benson (D) announced that all registered voters in the August 4, 2020, primary and November 3, 2020, general election would receive mail-in ballot applications automatically.
May 15, 2020: Governor Phil Murphy (D) issued Executive Order No. 144, providing for expanded mail-in voting in the July 7, 2020, elections. All registered, active Democratic and Republican voters were set to receive mail-in ballots automatically. Unaffiliated and inactive voters were set to receive mail-in ballot applications automatically.
May 13, 2020: South Carolina Governor Henry McMaster (R) signed into law a bill allowing any eligible South Carolina voter to request an absentee ballot for the state's June 9, 2020, primary and subsequent runoff elections.
May 12, 2020: The Republican Party of Indiana announced that it would cancel its in-person state convention, which had been scheduled to take place on June 20, 2020. Instead, the party opted to conduct convention business virtually and by mail.
May 12, 2020: Minnesota Governor Tim Walz (D) signed HF3429 into law, authorizing general election candidates to submit filing forms and petitions electronically.
May 11, 2020: Connecticut Governor Ned Lamont (D) issued an executive order reducing petition signature requirement for all candidates by 30 percent. He also extended the filing deadlines for major-party and unaffiliated candidates by two days, to June 11, 2020, and August 7, 2020, respectively.
May 8, 2020: California Governor Gavin Newsom (D) signed an executive order directing county election officials to send mail-in ballots to all registered voters in the November 3, 2020, general election.
May 7, 2020: Delaware Governor John Carney (D) announced the postponement of the state's presidential primary to July 7, 2020. Carney also postponed school board elections to July 21, 2020. Carney announced that the state would mail absentee ballot applications automatically to all eligible voters in the presidential preference primary.
May 7, 2020: Oklahoma Governor Kevin Stitt (R) signed SB210 into law, reinstating the absentee ballot notarization requirement struck down by the state supreme court on May 4, 2020. The legislation also included provisions applicable only to the 2020 election cycle, including absentee voting eligibility expansions and a modified verification requirement for those unable to have their absentee ballots notarized.
May 5, 2020: The United States Court of Appeals for the Sixth Circuit ruled that a district court judge who ordered modifications to Michigan's candidate filing procedures had erred in doing so. Although the appeals court agreed that the original requirements were unconstitutional, it found that the lower court had exceeded its authority in mandating new requirements to the state. The state ultimately opted to abide by the requirements laid out in the district court's original order.
May 5, 2020: Judge Analisa Torres, of the United States District Court for the Southern District of New York, ordered the New York State Board of Elections to reinstate the June 23 Democratic presidential preference primary, which the board had previously canceled.
May 5, 2020: Judge Norman Moon, of the United States District Court for the Western District of Virginia, approved a settlement between the parties in League of Women Voters of Virginia v. Virginia State Board of Elections. As a result, the witness requirement for absentee voting in the June 23, 2020, primary was suspended.
May 5, 2020: Washington Governor Jay Inslee (D) issued an executive order waiving the petition requirement for candidates who cannot afford to pay the filing fees associated with the offices being sought.
May 4, 2020: Connecticut Secretary of State Denise Merrill (D) announced that all eligible voters in the August 11, 2020, statewide primary and November 3, 2020, general election would automatically receive absentee/mail-in ballot applications.
May 4, 2020: The Oklahoma Supreme Court struck down a requirement that absentee ballots be notarized, finding that the requirement did not qualify as an exception under a state law establishing that statements signed and dated under the penalty of perjury carry the force of an affidavit.
April 27, 2020: The New York State Board of Elections canceled the Democratic presidential preference primary, which had been scheduled to take place on June 23, 2020.
April 24, 2020: New York Governor Andrew Cuomo (D) issued Executive Order No. 202.23, requiring that all eligible voters in the June 23, 2020, election be sent absentee ballot applications automatically.
April 24, 2020: Kentucky Governor Andy Beshear (D) issued an executive order directing "all Kentuckians [to] utilize absentee voting by mail for the June 23, 2020, primary election if they are able to do so.
April 23, 2020: Judge Rebecca Pallmeyer, of the U.S. District Court for the Northern District of Illinois, issued an order making a number of modifications to filing procedures for unaffiliated and new-party candidates.
April 22, 2020: Utah Governor Gary Herbert (R) signed HB3005 into law, canceling in-person Election Day voting, in-person early voting, and in-person voter registration in the June 30, 2020, election.
April 20, 2020: Judge Terrence Berg, of the United States District Court for the Eastern District of Michigan, issued an order reducing the petition signature requirements for primary candidates in Michigan to 50 percent of their statutory requirements. Berg also extended the filing deadline from April 21, 2020, to May 8, 2020, and directed election officials to develop procedures allowing for the collection and submission of electronic petition signatures.
April 17, 2020: Connecticut Governor Ned Lamont (D) issued an executive order postponing the state's presidential preference primary to August 11, 2020.
April 17, 2020: The Massachusetts Supreme Judicial Court issued an order extending the candidate filing deadlines for district and county races to May 5, 2020, and June 2, 2020, respectively. The high court reduced candidate petition signatures requirements to 50 percent of their statutory requirements. The court also authorized candidates to collect petition signatures electronically.
April 15, 2020: Susan Swecker, chairwoman of the Democratic Party of Virginia, announced that the party would conduct its state convention, scheduled to take place on June 20, 2020, remotely on that day.
April 14, 2020: The Democratic Party of Indiana announced that it would cancel its in-person state convention, which had been scheduled to take place on June 13, 2020. Instead, the party opted to conduct convention business virtually and by mail.
April 14, 2020: Louisiana Governor John Bel Edwards (D) issued Proclamation Number 46 JBE2020, postponing the state's presidential preference primary election to July 11, 2020.
April 12, 2020: The Republican congressional committee of Virginia's 5th Congressional District voted to postpone its convention, originally scheduled for April 25, 2020. The committee later selected June 13, 2020, as the new convention date.
April 10, 2020: Maine Governor Janet Mills (D) issued Executive Order No. 39 FY 19/20, postponing the statewide primary election, originally scheduled for June 9, 2020, to July 14, 2020.
April 10, 2020: Maryland Governor Larry Hogan (R) issued a proclamation directing election officials to conduct the June 2, 2020, primary election largely by mail.
April 10, 2020: New Hampshire Secretary of State William Gardner (D) and Attorney General Gordon MacDonald (R) released a memo to election officials, advising them that any voter in the September 8, 2020, primary or November 3, 2020, general election could request an absentee ballot based on concerns related to COVID-19.
April 10, 2020: South Dakota Secretary of State Steve Barnett (R) announced that his office would mail absentee ballot applications to all registered voters in advance of the June 2, 2020, primary election.
April 10, 2020: Washington, D.C., Mayor Muriel Bowser (D) signed B23-0733 into law, directing the district's election officials to send absentee ballot applications to all registered voters in advance of the June 2, 2020, primary election.
April 9, 2020: Georgia Secretary of State Brad Raffensperger (R) announced the postponement of Georgia's statewide and presidential primary elections to June 9, 2020. The primary runoff was postponed to August 11, 2020. The state had previously postponed its presidential primary to May 19, 2020, the original date of its statewide primary.
April 9, 2020: David J. Shafer, chairman of the Republican Party of Georgia, announced the cancelation of the party's state convention, which had originally been scheduled to take place on May 29-30, 2020.
April 8, 2020: New Jersey Governor Phil Murphy (D) issued Executive Order No. 120, postponing the statewide primary election, originally scheduled for June 2, 2020, to July 7, 2020. All other elections originally scheduled between May 13, 2020, and July 7, 2020, were also postponed to July 7, 2020. The petition deadline for unaffiliated candidates for non-presidential office was extended to July 7, 2020. The order also extended electronic nominating petition signature provisions from Executive Order No. 105 to general election candidates.
April 8, 2020: New York Governor Andrew Cuomo (D) announced that he would issue an executive order suspending existing eligibility criteria for absentee voting, allowing all votes to cast their ballots by mail in the June 23, 2020, election.
April 8, 2020: Virginia Governor Ralph Northam (D) postponed the statewide primary, originally scheduled for June 9, 2020, to June 23, 2020.
April 6, 2020: Texas Governor Greg Abbott (R) issued an order authorizing parties that nominate by convention to postpone those conventions or conduct them remotely.
April 6, 2020: The Wisconsin state supreme court voted 4-2 to enjoin an executive order issued earlier in the day by Governor Tony Evers (D) postponing in-person voting in the spring election, scheduled for April 7, 2020, to June 9, 2020. As a result, in-person voting was set to take place as scheduled on April 7, 2020.
April 6, 2020: The Supreme Court of the United States voted 5-4 to stay a district court order that had extended the absentee voting deadline. As a result, the absentee ballot postmark and return deadlines were reinstated to April 7, 2020.
April 5, 2020: The Republican congressional committee of Virginia's 7th Congressional District voted to postpone its convention, originally scheduled for April 25, 2020, indefinitely. The committee subsequently rescheduled the convention for July 18, 2020.
April 4, 2020: The executive committee of the Democratic Party of Arkansas voted to authorize 17 of the state's 75 counties to conduct their conventions via telephone or video.
April 3, 2020: Florida Secretary of State Laurel Lee (R) signed two orders authorizing candidates to submit qualifying documents, including signed petitions, electronically.
April 3, 2020: The Democratic Party of Maine canceled its state convention, originally scheduled for May 29-30, 2020.
April 3, 2020: Wisconsin Governor Tony Evers (D) issued an executive order calling the Wisconsin State Legislature to meet in a special session on April 4, 2020, to consider modifications to the April 7, 2020, election, including eliminating in-person voting and extending the deadline to receive ballots to May 26, 2020. Assembly Speaker Robin Vos (R) said in a statement that lawmakers would not take action on the proposal.[2]
April 2, 2020: The Democratic Party of Puerto Rico announced a further postponement of its primary election to an unspecified future date.
April 2, 2020: Judge William M. Conley, of the United States District Court for the Western District of Wisconsin, issued an order extending absentee voting deadlines in Wisconsin's April 7, 2020, election. Under Conley's order, the absentee ballot request deadline was extended to 5:00 p.m. April 3, 2020. The ballot return deadline was extended to 4:00 p.m. April 13, 2020. The primary date itself was unchanged.
April 1, 2020: Idaho Governor Brad Little (R) issued a proclamation establishing deadlines for the all-mail primary election.
April 1, 2020: West Virginia Governor Jim Justice (R) issued Executive Order 18-20, postponing West Virginia's statewide primary election to June 9, 2020. The primary was originally scheduled to take place May 12, 2020.
March 31, 2020: Iowa Secretary of State Paul Pate (R) announced that his office would send absentee ballot applications to all active registered voters in the state in advance of the June 2, 2020, primary election.
March 31, 2020: In a brief filed in response to a federal lawsuit seeking postponement of Wisconsin's April 7, 2020, election, Assistant Attorney General Hannah Jurss indicated that Governor Tony Evers (D) would deploy members of the National Guard as poll workers.
March 30, 2020: Alabama Governor Kay Ivey (R) signed HB272 into law, extending the petition deadline for unaffiliated presidential candidates to August 20, 2020.
March 30, 2020: The Democratic Party of Kansas announced that its presidential primary, originally scheduled for May 2, 2020, would be conducted entirely by mail.
March 30, 2020: Rhode Island Secretary of State Nellie Gorbea (D) announced that the state's presidential preference primary, scheduled to take place on June 2, 2020, would be conducted predominantly by mail. She said that her office would send mail-in ballot applications to all registered voters in advance of the primary.
March 30, 2020: Vermont Governor Phil Scott (R) signed H0681 into law, making a series of temporary changes to the state's election laws in response to the coronavirus outbreak: suspending candidate petition signature gathering requirements for both the August primary and the November general elections; authorizing local legislative bodies to transition upcoming local elections from floor meetings to Australian ballot (i.e., secret ballot) elections; and authorizing the secretary of state, with the consent of the governor, to enact temporary changes to election procedures (e.g., expanding voting by mail).
March 28, 2020: New York Governor Andrew Cuomo (D) announced the postponement of the state's presidential preference primary to June 23, 2020. Special elections in one congressional district and four state legislative districts were also postponed to June 23, 2020.
March 27, 2020: Ohio Governor Mike DeWine (R) signed HB 197 into law, extending absentee voting in the state's primary to April 27, 2020, and setting the final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, as April 28, 2020.
March 27, 2020: Pennsylvania Governor Tom Wolf (D) signed into law legislation postponing the state's primary election to June 2, 2020. It was originally scheduled for April 28, 2020.
March 26, 2020: Nebraska Governor Pete Ricketts (R) and Secretary of State Bob Evnen (R) announced that the state's May 12, 2020, primary election would proceed as scheduled, with every eligible voter receiving an absentee ballot application by mail. In-person locations were expected to remain open as planned.
March 26, 2020: North Dakota Governor Doug Burgum (R) issued Executive Order 2020-13, authorizing counties to conduct the June 9, 2020, primary election entirely by mail. The order also directed the secretary of state to send absentee ballot applications to all of the individuals listed in the state's central voter file.
March 26, 2020: Utah Governor Gary Herbert (R) issued an executive order authorizing a candidate and/or campaign to deliver petition sheets to voters electronically. The order also permitted voters to return signed petition sheets electronically or by mail.
March 26, 2020: West Virginia Secretary of State Mac Warner (R) issued guidance directing the state's county clerks to mail every registered voter in the state an absentee ballot application in advance of the May 12, 2020, primary election.
March 25, 2020: The Indiana Election Commission authorized the temporary suspension of the state's statutory absentee voting eligibility requirements, allowing all voters to cast their ballots by mail in the June 2, 2020, primary election.
March 25, 2020: Montana Governor Steve Bullock (D) issued a directive authorizing counties to conduct upcoming elections entirely by mail.
March 25, 2020: Virginia Judge W. Reilly Marchant issued an order reducing the petition signature requirement for Republican primary candidates for the United States Senate to 3,500. The statutory minimum was 10,000.
March 24, 2020: Georgia Secretary of State Brad Raffensperger (R) announced that election officials would mail absentee ballot request forms to all active voters in the upcoming primary election.
March 24, 2020: Nevada Secretary of State Barbara Cegavske (R) announced plans to conduct all voting in the June 9, 2020, primary election by mail.
March 23, 2020: Iowa Secretary of State Paul Pate (R) announced that absentee voting in the June 2, 2020, primary election would open on April 23, 2020, 40 days before the primary election.
March 23, 2020: Massachusetts postponed the following special elections, originally scheduled for March 31, 2020: Senate 2nd Hampden and Hampshire District and Senate Plymouth and Barnstable District were postponed to May 19, 2020; House 3rd Bristol District and House 37th Middlesex District were postponed to June 2, 2020.
March 23, 2020: Massachusetts Governor Charlie Baker (R) signed S2608 into law, authorizing municipalities to postpone any elections originally scheduled to take place prior to May 30, 2020, to any date on or before June 30, 2020. The legislation also extended absentee voting eligibility to "any person taking precaution related to COVID-19" in elections taking place on or before June 30, 2020.
March 23, 2020: Michigan Secretary of State Jocelyn Benson (D) announced that her office would mail absentee ballot applications to all voters in the May 5, 2020, election.
March 23, 2020: Rhode Island Governor Gina Raimondo (D) announced that she would sign an executive order postponing Rhode Island's presidential preference primary to June 2, 2020.
March 23, 2020: Texas Secretary of State Ruth Ruggero Hughs determined that the petition deadline for independent candidates for non-presidential office would be extended to August 13, 2020.
March 20, 2020: The Democratic Party of Alaska announced the cancelation of in-person voting in its presidential preference primary, originally scheduled for April 4, 2020, opting instead to conduct all voting by mail.
March 20, 2020: Governor Gavin Newsom (D) issued Executive Order N-34-20, providing for all-mail voting in the following elections: the Westminster special recall election scheduled for April 7, 2020; the 25th Congressional District special general election scheduled for May 12, 2020; and the 28th State Senate District special general election scheduled for May 12, 2020.
March 20, 2020: Georgia Secretary of State Brad Raffensperger (R) extended the petitioning deadline for minor-party and unaffiliated candidates to August 14, 2020.
March 20, 2020: On March 20, 2020, the Democratic Party of Hawaii announced that it would not conduct in-person voting in its party-administered presidential preference primary, originally scheduled for April 4, 2020. Instead, all voting would take place by mail. The deadline for returning completed ballots was set for May 22, 2020.
March 20, 2020: Indiana Governor Eric Holcomb (R), Secretary of State Connie Lawson (R), Republican Party Chairman Kyle Hupfer, and Democratic Party Chairman John Zody announced the postponement of Indiana's primary election, originally scheduled for May 5, 2020, to June 2, 2020.
March 20, 2020: Iowa Secretary of State Paul Pate (R) announced the postponement of three special municipal elections to July 7, 2020.
March 20, 2020: Mississippi Governor Tate Reeves (R) postponed the Republican primary runoff election for the state's 2nd Congressional District, originally scheduled for March 31, 2020, to June 23, 2020.
March 20, 2020: The executive director of the North Carolina State Board of Elections announced that the Republican primary runoff for North Carolina's 11th Congressional District would be postponed to June 23, 2020.
March 20, 2020: Governor Greg Abbott (R) issued a proclamation postponing primary runoff elections, originally scheduled for May 26, 2020, to July 14, 2020.
March 19, 2020: Connecticut Governor Ned Lamont (D) announced the postponement of the state's presidential preference primary, originally scheduled for April 28, 2020, to June 2, 2020. The primary was subsequently further postponed to August 11, 2020.
March 19, 2020: New Jersey Governor Phil Murphy (D) issued an executive order making the following changes to the state's election procedures: permitting candidates to collect petition signatures electronically and submit petitions online; postponing special municipal elections in the townships of Old Bridge and West Amwell and Atlantic City to May 12, 2020; postponing all school board elections scheduled for April 21, 2020, to May 12, 2020; and eliminating in-person voting for all May 12, 2020, elections and instead conducting these elections solely by mail.
March 18, 2020: Alabama Governor Kay Ivey (R) announced that the state would postpone its primary runoff election, originally scheduled for March 31, 2020, to July 14, 2020.
March 18, 2020: Missouri Governor Mike Parson (R) ordered the postponement of all municipal elections originally scheduled for April 7, 2020, to June 2, 2020.
March 18, 2020: Paul Ziriax, secretary of the Oklahoma state board of elections, announced that municipalities could reschedule elections, originally scheduled for April 7, 2020, to a later date (June 30, 2020, in the case of regular elections, and any date allowed by law in the case of special elections).
March 17, 2020: Illinois Governor J.B. Pritzker (D) issued an executive order exempting candidates for state-level office from filing statements of economic interests for the duration of the governor's disaster proclamation period and for 30 days thereafter.
March 16-17, 2020: Ohio Governor Mike DeWine (R) announced that polls would be closed on March 17, 2020, by the order of the state health director.
March 16, 2020: Colorado Governor Jared Polis (D) signed HB20-1359 into law, extending select political party deadlines for the 2020 election cycle.
March 16, 2020: Kentucky Secretary of State Michael Adams (R) announced the postponement of Kentucky's primary election, originally scheduled for May 19, 2020, to June 23, 2020.
March 16, 2020: Texas Governor Greg Abbott (R) announced the postponement of the special election for Texas State Senate District 14, originally scheduled for May 2, 2020, to July 14, 2020.
March 14, 2020: Governor Andrew Cuomo (D) issued an executive order reducing petition signature requirements for primary candidates and suspending the signature-gathering process effective March 17, 2020.
March 13, 2020: An Arizona judge issued an order barring the Maricopa County Recorder from mailing ballots to all voters for the presidential preference primary election, scheduled for March 17, 2020.
March 12, 2020: The Democratic Party of North Dakota canceled its in-person convention, scheduled for March 19-22, 2020. The party opted instead to conduct convention business remotely.
March 12, 2020: The Democratic Party of Wyoming canceled its in-person presidential caucuses, originally scheduled for April 4, 2020. All-mail was instituted instead, with a ballot receipt deadline of April 17, 2020.
Voting procedure modifications for the general election
The map and table below summarize modifications made to voting procedures for the 2020 general election.
Voting procedure modifications for the general election, 2020
State
Voting-age population
Description
Alabama
3,814,879
Absentee/mail-in voting eligibility requirements suspended, allowing all voters to cast ballots by mail in the November 3, 2020, general election.
Alaska
551,562
Witness requirement suspended.
Arizona
5,638,481
Voter registration deadline extended to October 15, 2020.
Arkansas
2,317,649
Gov. Asa Hutchinson (R) and Secretary of State John Thurston (R) announced that voters in the November 3, 2020, general election would be allowed to cite concerns over COVID-19 as a valid excuse for voting absentee. Hutchinson subsequently issued an executive order formalizing this policy change.
California
30,617,582
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election. Gov. Gavin Newsom (D) signed SB 423 into law, authorizing counties to consolidate polling places in the November 3, 2020, general election, among other modifications to administration procedures
Colorado
4,499,217
N/A
Connecticut
2,837,847
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election. Absentee/mail-in voting eligibility extended to any voter in the November 3, 2020, general election.
Delaware
770,192
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Florida
17,247,808
Voter registration deadline extended to October 6, 2020.
Georgia
8,113,542
N/A
Hawaii
1,116,004
N/A
Idaho
1,338,864
N/A
Illinois
9,853,946
Mail-in ballot applications sent to all registered voters in the November 3, 2020, general election who cast ballots in the 2018 general election, the 2019 consolidated election, or the 2020 primary election.
Indiana
5,164,245
N/A
Iowa
2,428,229
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Kansas
2,213,064
N/A
Kentucky
3,464,802
Absentee/mail-in voting eligibility requirements suspended, allowing all voters "concerned with contracting or spreading COVID-19" to cast ballots by mail in the November 3, 2020, general election. Early voting available Monday through Saturday beginning October 13, 2020. Affidavit option for voter ID requirement implemented for the November 3, 2020, general election.
Louisiana
3,561,164
Absentee/mail-in voting eligibility extended to the following voters in the November 3, 2020 general election: those at higher risk because of serious medical conditions, those subject to a 'medically necessary quarantine or isolation order,' those advised by a health provider to self-quarantine, those experiencing symptoms of COVID-19 and seeking a medical diagnosis, and those caring for an individual who is subject to a quarantine order and has been advised to self-quarantine.
Maine
1,095,370
The voter pre-registration deadline in the November 3, 2020, general election was extended to October 19, 2020.
Maryland
4,710,993
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election. State board of elections to operate a limited number of centralized voting centers in lieu of precinct polling places for in-person voting in the November 3, 2020, general election.
Massachusetts
5,539,703
Absentee/mail-in voting eligibility extended to all qualified voters in the November 3, 2020, general election.
Michigan
7,842,924
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Minnesota
4,336,475
The absentee/mail-in ballot postmark deadline for the general election was extended to November 3, 2020. Witness requirements for absentee/mail-in ballots cast in the general election were suspended.
Mississippi
2,277,566
Absentee/mail-in ballot postmark deadline extended to November 3, 2020, for the November 3, 2020, election; receipt deadline extended to November 8, 2020. Absentee voting eligibility extended to individuals under physician-ordered quarantine and individuals caring for dependents under quarantine.
Missouri
4,766,843
Gov. Mike Parson (R) signed SB631 into law, permitting any registered voter to cast an absentee ballot in any 2020 election, subject to a notarization requirement. Individuals who have contracted COVID-19, and those who are at higher risk for contracting the virus, are exempted from the notarization requirement.
Montana
840,190
Counties authorized to send mail-in ballots automatically to all voters in the November 3, 2020, general election.
Nebraska
1,458,334
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Nevada
2,387,517
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
New Hampshire
1,104,458
Absentee/mail-in voting eligibility in the November 3, 2020, general election extended to any voter who is unable to vote in person because of illness resulting from COVID-19 or 'who fears that voting in person may expose himself/herself or others to COVID-19.'
New Jersey
6,943,612
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election. Receipt deadline for ballots postmarked on or before Election Day extended to November 9, 2020. Receipt deadline for ballots without postmarks set as November 5, 2020.
New Mexico
1,620,991
Counties authorized to send mail-in ballot applications automatically to all voters in the November 3, 2020, election.
New York
15,425,262
Absentee/mail-in voting eligibility in the November 3, 2020, general election extended to any voter 'unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public.' Online portal launched for absentee ballot requests in the November 3, 2020, general election. Absentee ballot return drop boxes available for the November 3, 2020, general election. Ballot curing provisions expanded.
North Carolina
8,187,369
Witness signature requirement for completed absentee ballots reduced from two to one for 2020 elections. Absentee/mail-in ballot receipt deadline extended to 5 p.m. on November 12, 2020, for ballots postmarked on or before Election Day. Karen Brinson Bell, the executive director of the North Carolina State Board of Elections, issued an emergency order mandating a number of modifications to in-person voting in the November 3, 2020, general election.
North Dakota
581,891
N/A
Ohio
9,111,081
Election officials required to accept absentee ballot applications submitted via fax or email.
Oklahoma
3,004,733
Gov. Kevin Stitt (R) signed SB210 into law, reinstating the absentee ballot notarization requirement struck down by the state supreme court on May 4, 2020. The legislation permitted voters to submit copies of their identification in lieu of having the ballot notarized in the event of a state of emergency occurring within 45 days of an election. The legislation also specified that individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, could cast an absentee ballot under the 'physical incapacitation' eligibility criterion.
Oregon
3,351,175
N/A
Pennsylvania
10,167,376
Prepaid return postage provided for mail-in and absentee ballots in the November 3, 2020, general election. Absentee/mail-in ballot receipt deadline extended to November 6, 2020 (with a postmark deadline of November 3, 2020, or no proof that the ballot was sent after that date). Drop boxes for returning completed absentee/mail-in ballots authorized.
Rhode Island
854,866
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election. Witness/notary requirements for mail-in ballots suspended for the November 3, 2020, general election.
South Carolina
4,037,531
Absentee/mail-in voting eligibility extended to all active registered voters in the November 3, 2020, general election. Prepaid postage provided for all returned ballots in the November 3, 2020, general election. In-person absentee voting (i.e., early voting) set to begin October 5, 2020, and end November 2, 2020.
South Dakota
667,558
N/A
Tennessee
5,319,123
Absentee/mail-in ballot eligibility in the November 3, 2020, general election extended to 'individuals with a special vulnerability to COVID-19' and 'caretakers for individuals with a special vulnerability to COVID-19.' Policy requiring that first-time voters to vote in person temporarily suspended.
Texas
21,596,071
Early voting period for the November 3, 2020, general election extended by six days to open on October 13, 2020, instead of October 19, 2020, as originally scheduled. Voters required to be notified if their absentee ballots might be rejected due to signature mismatch; officials required to give such voters a 'meaningful opportunity to cure' their ballots. Absentee/mail-in return locations limited to one per county.
Utah
2,274,774
Gov. Gary Herbert (R) signed legislation that made several changes to administration procedures for the November 3, 2020, general election (including the requirement that counties provide some form of in-person Election Day and early voting).
Vermont
509,984
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
Virginia
6,674,671
A federal court approved a partial settlement suspending the witness requirement for absentee ballots cast in the November 3, 2020, general election. Gov. Ralph Northam (D) signed into law legislation providing for the use of drop-boxes and prepaid absentee/mail-in ballot return postage in the November 3, 2020, general election. Voter registration deadline extended to October 15, 2020.
Washington
5,951,832
N/A
Washington, D. C.
684,498
Absentee/mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
West Virginia
1,432,580
Absentee/mail-in ballot eligibility in the November 3, 2020, general election extended to all voters 'concerns about their health and safety because of COVID-19.' Secretary of State Mac Warner (R) also announced the implementation of an online absentee/mail-in ballot request portal for the general election.
Wisconsin
4,555,837
Mail-in ballot applications sent automatically to most voters in the November 3, 2020, general election.
Wyoming
445,025
N/A
Absentee/mail-in voting procedure modifications for the general election
The map and table below summarize modifications made to absentee/mail-in voting procedures in the 2020 general election.
Absentee/mail-in voting procedure modifications for the general election, 2020
State
Voting-age population
Description
Alabama
3,814,879
Absentee/mail-in voting eligibility requirements suspended, allowing all voters to cast ballots by mail in the November 3, 2020, general election.
Alaska
551,562
Witness requirement suspended.
Arizona
5,638,481
N/A
Arkansas
2,317,649
Gov. Asa Hutchinson (R) and Secretary of State John Thurston (R) announced that voters in the November 3, 2020, general election would be allowed to cite concerns over COVID-19 as a valid excuse for voting absentee. Hutchinson subsequently issued an executive order formalizing this policy change.
California
30,617,582
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election. Gov. Gavin Newsom (D) signed SB 423 into law, authorizing counties to consolidate polling places in the November 3, 2020, general election, among other modifications to administration procedures
Colorado
4,499,217
N/A
Connecticut
2,837,847
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election. Absentee/mail-in voting eligibility extended to any voter in the November 3, 2020, general election.
Delaware
770,192
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Florida
17,247,808
N/A
Georgia
8,113,542
N/A
Hawaii
1,116,004
N/A
Idaho
1,338,864
N/A
Illinois
9,853,946
Mail-in ballot applications sent to all registered voters in the November 3, 2020, general election who cast ballots in the 2018 general election, the 2019 consolidated election, or the 2020 primary election.
Indiana
5,164,245
N/A
Iowa
2,428,229
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Kansas
2,213,064
N/A
Kentucky
3,464,802
Absentee/mail-in voting eligibility requirements suspended, allowing all voters "concerned with contracting or spreading COVID-19" to cast ballots by mail in the November 3, 2020, general election. Early voting available Monday through Saturday beginning October 13, 2020. Affidavit option for voter ID requirement implemented for the November 3, 2020, general election.
Louisiana
3,561,164
Absentee/mail-in voting eligibility extended to the following voters in the November 3, 2020 general election: those at higher risk because of serious medical conditions, those subject to a 'medically necessary quarantine or isolation order,' those advised by a health provider to self-quarantine, those experiencing symptoms of COVID-19 and seeking a medical diagnosis, and those caring for an individual who is subject to a quarantine order and has been advised to self-quarantine.
Maine
1,095,370
The voter pre-registration deadline in the November 3, 2020, general election was extended to October 19, 2020.
Maryland
4,710,993
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Massachusetts
5,539,703
Absentee/mail-in voting eligibility extended to all qualified voters in the November 3, 2020, general election.
Michigan
7,842,924
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Minnesota
4,336,475
The absentee/mail-in ballot postmark deadline for the general election was extended to November 3, 2020. Witness requirements for absentee/mail-in ballots cast in the general election were suspended.
Mississippi
2,277,566
Absentee/mail-in ballot postmark deadline extended to November 3, 2020, for the November 3, 2020, election; receipt deadline extended to November 8, 2020. Absentee voting eligibility extended to individuals under physician-ordered quarantine and individuals caring for dependents under quarantine.
Missouri
4,766,843
Gov. Mike Parson (R) signed SB631 into law, permitting any registered voter to cast an absentee ballot in any 2020 election, subject to a notarization requirement. Individuals who have contracted COVID-19, and those who are at higher risk for contracting the virus, are exempted from the notarization requirement.
Montana
840,190
Counties authorized to send mail-in ballots automatically to all voters in the November 3, 2020, general election.
Nebraska
1,458,334
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election.
Nevada
2,387,517
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
New Hampshire
1,104,458
Absentee/mail-in voting eligibility in the November 3, 2020, general election extended to any voter who is unable to vote in person because of illness resulting from COVID-19 or 'who fears that voting in person may expose himself/herself or others to COVID-19.'
New Jersey
6,943,612
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election. Receipt deadline for ballots postmarked on or before Election Day extended to November 9, 2020. Receipt deadline for ballots without postmarks set as November 5, 2020.
New Mexico
1,620,991
Counties authorized to send mail-in ballot applications automatically to all voters in the November 3, 2020, election.
New York
15,425,262
Absentee/mail-in voting eligibility in the November 3, 2020, general election extended to any voter 'unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public.' Online portal launched for absentee ballot requests in the November 3, 2020, general election. Absentee ballot return drop boxes available for the November 3, 2020, general election. Ballot curing provisions expanded.
North Carolina
8,187,369
Witness signature requirement for completed absentee ballots reduced from two to one for 2020 elections. Absentee/mail-in ballot receipt deadline extended to 5 p.m. on November 12, 2020, for ballots postmarked on or before Election Day..
North Dakota
581,891
N/A
Ohio
9,111,081
Election officials required to accept absentee ballot applications submitted via fax or email.
Oklahoma
3,004,733
Gov. Kevin Stitt (R) signed SB210 into law, reinstating the absentee ballot notarization requirement struck down by the state supreme court on May 4, 2020. The legislation permitted voters to submit copies of their identification in lieu of having the ballot notarized in the event of a state of emergency occurring within 45 days of an election. The legislation also specified that individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, could cast an absentee ballot under the 'physical incapacitation' eligibility criterion.
Oregon
3,351,175
N/A
Pennsylvania
10,167,376
Prepaid return postage provided for mail-in and absentee ballots in the November 3, 2020, general election. Absentee/mail-in ballot receipt deadline extended to November 6, 2020 (with a postmark deadline of November 3, 2020, or no proof that the ballot was sent after that date). Drop boxes for returning completed absentee/mail-in ballots authorized.
Rhode Island
854,866
Mail-in ballot applications sent automatically to all voters in the November 3, 2020, general election. Witness/notary requirements for mail-in ballots suspended for the November 3, 2020, general election.
South Carolina
4,037,531
Absentee/mail-in voting eligibility extended to all active registered voters in the November 3, 2020, general election. Prepaid postage provided for all returned ballots in the November 3, 2020, general election. In-person absentee voting (i.e., early voting) set to begin October 5, 2020, and end November 2, 2020.
South Dakota
667,558
N/A
Tennessee
5,319,123
Absentee/mail-in ballot eligibility in the November 3, 2020, general election extended to 'individuals with a special vulnerability to COVID-19' and 'caretakers for individuals with a special vulnerability to COVID-19.' Policy requiring that first-time voters vote in person temporarily suspended.
Texas
21,596,071
Voters required to be notified if their absentee ballots might be rejected due to signature mismatch; officials required to give such voters a 'meaningful opportunity to cure' their ballots. Absentee/mail-in return locations limited to one per county.
Utah
2,274,774
N/A
Vermont
509,984
Mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
Virginia
6,674,671
A federal court approved a partial settlement suspending the witness requirement for absentee ballots cast in the November 3, 2020, general election. Gov. Ralph Northam (D) signed into law legislation providing for the use of drop-boxes and prepaid absentee/mail-in ballot return postage in the November 3, 2020, general election.
Washington
5,951,832
N/A
Washington, D. C.
684,498
Absentee/mail-in ballots sent automatically to all voters in the November 3, 2020, general election.
West Virginia
1,432,580
Absentee/mail-in ballot eligibility in the November 3, 2020, general election extended to all voters 'concerns about their health and safety because of COVID-19.' Secretary of State Mac Warner (R) also announced the implementation of an online absentee/mail-in ballot request portal for the general election.
Wisconsin
4,555,837
Mail-in ballot applications sent automatically to most voters in the November 3, 2020, general election.
The map and table below summarize candidate filing modifications resulting from the coronavirus pandemic in 2020.
Candidate filing modifications in response to the coronavirus pandemic, 2020
State
Voting-age population
Description
Alabama
3,814,879
Governor Kay Ivey (R) signed HB272 into law, extending the petition deadline for unaffiliated presidential candidates to August 20, 2020.
Alaska
551,562
N/A
Arizona
5,638,481
N/A
Arkansas
2,317,649
N/A
California
30,617,582
N/A
Colorado
4,499,217
N/A
Connecticut
2,837,847
Gov. Ned Lamont (D) issued an executive order reducing petition signature requirement for all candidates by 30 percent. He also extended the filing deadlines for major-party and unaffiliated candidates by two days, to June 11, 2020, and August 7, 2020, respectively.
Delaware
770,192
N/A
Florida
17,247,808
Candidates authorized to submit qualifying documents, including signed petitions, electronically.
Georgia
8,113,542
Petitioning deadline for minor-party and unaffiliated candidates postponed to August 14, 2020. Petition signature requirements for independent and minor-party candidates reduced to 70 percent of their original numbers.
Hawaii
1,116,004
N/A
Idaho
1,338,864
N/A
Illinois
9,853,946
Candidates for state-level office exempted from filing statements of economic interests for the duration of the governor's disaster proclamation period and for 30 days thereafter. Unaffiliated and new-party candidates authorized to collect petition signatures electronically. Unaffiliated and new-party candidate filing deadline extended to July 20, 2020. Petition signature requirements for unaffiliated and new-party candidates reduced to 10 percent of their original numbers.
Indiana
5,164,245
N/A
Iowa
2,428,229
N/A
Kansas
2,213,064
N/A
Kentucky
3,464,802
N/A
Louisiana
3,561,164
Candidate qualifying deadline for the November 3, 2020, election extended to July 24, 2020. Deadline for parties to certify the names of their presidential nominees extended from August 18, 2020, to August 25, 2020.
Maine
1,095,370
Petition deadline for unaffiliated candidates extended to July 1, 2020.
Maryland
4,710,993
Petition signature requirement for new political parties reduced to 5,000. Petition signature requirement for unaffiliated candidates reduced by 50 percent.
Massachusetts
5,539,703
Candidate filing deadlines for district and county races extended to May 5, 2020, and June 2, 2020, respectively. Candidate petition signature requirements reduced to 50 percent of their statutory requirements. Candidates authorized to collect petition signatures electronically.
Michigan
7,842,924
Petition signature requirements for primary candidates reduced to 50 percent of their original numbers. Candidate filing deadline extended from April 21, 2020, to May 8, 2020. Election officials directed to develop procedures allowing for the collection and submission of electronic petition signatures.
Minnesota
4,336,475
Governor Tim Walz (D) signed HF3429 into law, authorizing general election candidates to submit filing forms and petitions electronically.
Mississippi
2,277,566
N/A
Missouri
4,766,843
N/A
Montana
840,190
N/A
Nebraska
1,458,334
N/A
Nevada
2,387,517
N/A
New Hampshire
1,104,458
Petition signature requirements for Libertarian candidates in the general election reduced by 35 percent.
New Jersey
6,943,612
Candidates permitted to collect petition signatures electronically and submit petitions online. Petition deadline for unaffiliated candidates for non-presidential office extended to July 7, 2020.
New Mexico
1,620,991
N/A
New York
15,425,262
Petition signature requirements for primary candidates reduced and signature-gathering process suspended effective March 17, 2020. Filing deadline for independent nominating petitions extended to July 30, 2020.
North Carolina
8,187,369
N/A
North Dakota
581,891
N/A
Ohio
9,111,081
N/A
Oklahoma
3,004,733
N/A
Oregon
3,351,175
N/A
Pennsylvania
10,167,376
N/A
Rhode Island
854,866
Petition signature requirements for both primary and general election congressional candidates reduced by half (from 1,000 to 500 for U.S. Senate candidates; from 500 to 250 for U.S. House candidates).
South Carolina
4,037,531
N/A
South Dakota
667,558
N/A
Tennessee
5,319,123
N/A
Texas
21,596,071
Petition deadline for independent candidates for non-presidential office extended to August 13, 2020.
Utah
2,274,774
Candidates and/or campaigns authorized to deliver petition sheets to voters electronically. Voters permitted to return signed petition sheets electronically or by mail.
Vermont
509,984
Candidate petition signature gathering requirements suspended for the August 2020 primary and November 2020 general elections.
Virginia
6,674,671
Petition signature requirements for unaffiliated and minor-party candidates for federal office in Virginia reduced as follows: 2,500 signatures for presidential candidates; 3,500 signatures for U.S. Senate candidates; and 350 signatures for U.S. House candidates. Filing deadline for unaffiliated and minor-party congressional candidates extended to August 1, 2020.
Washington
5,951,832
Gov. Jay Inslee (D) issued an executive order waiving the petition requirement for candidates who could not afford to pay the filing fees associated with the offices being sought. Instead, such candidates were required to sign a statement, under penalty of perjury, that they 'lack sufficient assets or income at the time of filing to pay the filing fee.'
The map and table below summarize primary and special election postponements resulting from the coronavirus pandemic.
Primary and special election postponements in response to the coronavirus pandemic, 2020
State
Description
Alabama
Primary runoff postponed to July 14, 2020.
Alaska
N/A
Arizona
N/A
Arkansas
N/A
California
N/A
Colorado
N/A
Connecticut
Presidential preference primary postponed to August 11, 2020.
Delaware
Presidential preference primary postponed to July 7, 2020. Select school board and municipal elections postponed.
Florida
N/A
Georgia
Statewide and presidential preference primaries postponed to June 9, 2020. Primary runoff postponed to August 11, 2020.
Hawaii
N/A
Idaho
N/A
Illinois
N/A
Indiana
Primary postponed to June 2, 2020.
Iowa
Three special municipal elections postponed to July 7, 2020.
Kansas
N/A
Kentucky
Primary postponed to June 23, 2020.
Louisiana
Presidential preference primary postponed to July 11, 2020.
Maine
Primary postponed to July 14, 2020.
Maryland
Primary postponed to June 2, 2020.
Massachusetts
Two special state Senate elections postponed to May 19, 2020. Two special state House elections postponed to June 2, 2020. Municipalities authorized to postpone elections originally scheduled to take prior to May 30, 2020.
Michigan
N/A
Minnesota
N/A
Mississippi
Republican primary runoff for Mississippi's 2nd Congressional District postponed to June 23, 2020.
Missouri
Municipal elections originally scheduled for April 7, 2020, postponed to June 2, 2020.
Montana
N/A
Nebraska
N/A
Nevada
N/A
New Hampshire
N/A
New Jersey
Primary postponed to July 7, 2020. Special municipal elections in the townships of Old Bridge and West Amwell and Atlantic City postponed to May 12, 2020. All school board elections scheduled for April 21, 2020, postponed to May 12, 2020.
New Mexico
N/A
New York
Democratic presidential preference primary postponed to June 23, 2020. Special elections in the following districts postponed to June 23, 2020: 27th Congressional District, State Senate District 50, State Assembly District 12, State Assembly District 31, State Assembly District 136.
North Carolina
Republican primary runoff for North Carolina's 11th Congressional District postponed to June 23, 2020.
North Dakota
N/A
Ohio
Absentee voting in the statewide primary extended to April 27, 2020. Final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, set for April 28, 2020.
Oklahoma
Municipalities authorized to postpone elections originally scheduled for April 7, 2020, to a later date.
Oregon
N/A
Pennsylvania
Primary postponed to June 2, 2020.
Puerto Rico
Democratic presidential preference primary postponed to July 12, 2020.
Rhode Island
Presidential preference primary postponed to June 2, 2020.
South Carolina
N/A
South Dakota
Local governments authorized to postpone to June any elections scheduled between April 14, 2020, and May 26, 2020.
Tennessee
N/A
Texas
Special election for Texas State Senate District 14 postponed to July 14, 2020. Primary runoff postponed to July 14, 2020.
Utah
N/A
Vermont
N/A
Virginia
Primary postponed to June 23, 2020.
Washington
N/A
West Virginia
Primary postponed to June 9, 2020.
Wisconsin
N/A
Wyoming
N/A
Primary and special election voting procedure modifications
The map and table below summarize voting procedure modifications resulting from the coronavirus pandemic.
Voting procedure changes in response to the coronavirus pandemic, 2020
State
Description
Alabama
N/A
Alaska
N/A
Arizona
N/A
Arkansas
N/A
California
N/A
Colorado
N/A
Connecticut
Mail-in ballot applications sent automatically to all voters in the August 11, 2020, statewide primary election. Absentee/mail-in voting eligibility extended to any voter in the August 11, 2020, primary election. For the August 11, 2020, primary election, absentee ballot postmark and delivery deadlines extended to August 11, 2020, and August 13, 2020, respectively.
Delaware
Mail-in ballot applications sent automatically to all voters in the 2020 primary and special elections.
Florida
N/A
Georgia
Mail-in ballot applications sent automatically to all voters in the June 9, 2020, primary election.
Hawaii
N/A
Idaho
Primary conducted by mail. Mail-in ballot applications sent to all registered voters who had not already requested a ballot. Mail-in ballot return deadline extended to June 2, 2020. Implementation of online process for requesting a mail-in ballot.
Illinois
N/A
Indiana
Absentee/mail-in voting eligibility requirements suspended, allowing all voters to cast ballots by mail in the June 2, 2020, primary election.
Iowa
Mail-in ballot applications sent automatically to all voters in the June 2, 2020, primary election.
Kansas
N/A
Kentucky
Absentee/mail-in voting eligibility requirements suspended, allowing all voters to cast ballots by mail in the June 23, 2020, primary election.
Louisiana
N/A
Maine
The voter pre-registration deadline in the July 14, 2020, election was extended to July 7, 2020.
Maryland
Mail-in ballots sent automatically to all voters in the June 2, 2020, primary (at least one in-person voting center open in each county). Mail-in ballots sent automatically to all voters in the April 28, 2020, special election for Maryland's 7th Congressional District (in-person voting available for those unable to vote by mail).
Massachusetts
Absentee/mail-in voting eligibility extended to all qualified voters in the September 1, 2020, primary election. Mail-in ballot applications sent automatically to all voters in the September 1, 2020, primary election.
Michigan
Mail-in ballot applications sent automatically to all voters in the August 4, 2020, primary election.
Minnesota
N/A
Mississippi
N/A
Missouri
Gov. Mike Parson (R) signed SB631 into law, permitting any registered voter to cast an absentee ballot in any 2020 election, subject to a notarization requirement. Individuals who have contracted COVID-19, and those who are at higher risk for contracting the virus, were exempted from the notarization requirement.
Montana
Counties authorized to send mail-in ballots automatically to all voters in June 2, 2020, primary election.
Nebraska
Mail-in ballot applications sent automatically to all voters in the May 12, 2020, election.
Nevada
Mail-in ballots sent automatically to all voters in the June 9, 2020, primary election.
New Hampshire
Absentee/mail-in voting eligibility in the September 8, 2020, primary election extended to any voter who is unable to vote in person because of illness resulting from COVID-19 or 'who fears that voting in person may expose himself/herself or others to COVID-19.'
New Jersey
Mail-in ballots sent automatically to all registered, active Democratic and Republican voters in July 7, 2020, elections. Mail-in ballot applications sent automatically to all unaffiliated and inactive voters.
New Mexico
N/A
New York
Absentee/mail-in voting eligibility requirements suspended, allowing all voters to cast ballots by mail in the June 23, 2020, primary election. Mail-in ballot applications sent automatically to all voters in the June 23, 2020, primary. Absentee ballot submission deadline extended to June 23, 2020.
North Carolina
Witness signature requirement for completed absentee ballots reduced from two to one for 2020 elections.
North Dakota
Counties authorized to conduct June 9, 2020, election largely by mail. Mail-in ballot applications sent automatically to all voters.
Ohio
Absentee/mail-in voting in the state's primary extended to April 27, 2020. Final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, set for April 28, 2020.
Oklahoma
N/A
Oregon
N/A
Pennsylvania
In Allegheny, Dauphin, Delaware, Erie, Montgomery and Philadelphia counties, absentee ballot receipt deadline extended to June 9, 2020 (postmarked no later than June 2, 2020).
Rhode Island
Mail-in ballot applications sent automatically to all voters in the June 2, 2020, presidential preference primary election. Witness/notary requirements for mail-in ballots suspended for the September 8, 2020, primary election.
South Carolina
Absentee/mail-in voting eligibility expanded, allowing all voters to cast ballots by mail in the June 9, 2020, primary and subsequent runoff elections. Judge J. Michelle Childs, of the United States District Court for the District of South Carolina, issued a preliminary injunction barring election officials from enforcing South Carolina's witness requirement for absentee ballots in the June 9, 2020, primary and subsequent runoff elections.
South Dakota
Mail-in ballot applications sent automatically to all voters in the June 2, 2020, election.
Tennessee
N/A
Texas
N/A
Utah
Gov. Gary Herbert (R) signed HB3005 into law, canceling in-person Election Day voting, in-person early voting, and in-person voter registration in the June 30, 2020, election. The legislation also extended the postmark deadline for mail-in ballots to June 30, 2020.
Vermont
Mail-in ballot applications sent automatically to all voters in the August 11, 2020, election.
Virginia
The Virginia Department of Elections announced that all voters would be permitted to cast absentee/mail-in ballots in municipal elections scheduled for May 2020. A federal court approved a partial settlement suspending the witness requirement for absentee ballots cast in the June 23, 2020, primary election.
Washington
N/A
West Virginia
Mail-in ballot applications sent automatically to all voters in the May 12, 2020, election.
The map and table below summarize political party event modifications resulting from the coronavirus pandemic.
Political party event modifications in response to the coronavirus pandemic, 2020
State
Description
Alabama
N/A
Alaska
Democratic Party canceled in-person voting in its party-run presidential preference primary, opting instead to conduct all voting by mail.
Arizona
N/A
Arkansas
The Democratic Party of Arkansas authorized 17 county-level affiliates to conduct their conventions remotely.
California
N/A
Colorado
Governor Jared Polis (D) signed HB20-1359 into law, extending select political party deadlines for the 2020 election cycle.
Connecticut
N/A
Delaware
N/A
Florida
N/A
Georgia
The Republican Party of Georgia canceled its state convention, originally scheduled for May 29-30, 2020.
Hawaii
In-person voting in party-administered presidential preference primary, scheduled for April 4, canceled. Deadline for returning completed ballots by mail set for May 22.
Idaho
N/A
Illinois
N/A
Indiana
Both the Democratic and Republican parties of Indiana canceled their in-person state conventions. The parties opted instead to conduct convention business virtually and by mail.
Iowa
N/A
Kansas
Democratic Party canceled in-person voting in its party-run presidential preference primary, opting instead to conduct all voting by mail.
Kentucky
N/A
Louisiana
N/A
Maine
The Democratic Party of Maine canceled its state convention, originally scheduled for May 29-30, 2020. The party opted instead to elect delegates to the national convention remotely.
Maryland
N/A
Massachusetts
N/A
Michigan
Democratic Party state convention canceled.
Minnesota
The executive committee of the Democratic-Farmer-Labor Party of Minnesota voted to conduct all local and district-level conventions online. The Republican Party of Minnesota announced that all local party conventions would be conducted online.
Mississippi
The Republican Party of Mississippi postponed its state convention, originally scheduled for May 15-16, 2020, indefinitely.
Missouri
The Democratic Party of Missouri canceled mass meetings and postponed congressional district conventions. The Republican Party of Missouri voted to cancel county caucuses.
Montana
N/A
Nebraska
N/A
Nevada
N/A
New Hampshire
N/A
New Jersey
N/A
New Mexico
N/A
New York
N/A
North Carolina
The Republican Party of North Carolina postponed its state convention, originally scheduled for May 14, 2020, to June 4, 2020.
North Dakota
The North Dakota Democratic-NPL canceled its in-person convention, opting to conduct convention business remotely instead. The North Dakota Republican Party canceled its convention.
Ohio
N/A
Oklahoma
N/A
Oregon
N/A
Pennsylvania
N/A
Rhode Island
N/A
South Carolina
N/A
South Dakota
N/A
Tennessee
N/A
Texas
Parties that nominate by convention authorized to postpone such conventions or conduct them remotely. On July 8, Mayor Sylvester Turner announced that the city would cancel the Republican Party state convention, originally scheduled for July 16-18. After failed legal challenges, the party ultimately opted to conduct the convention online.
Utah
Democratic Party canceled caucus nights and state convention. Republican Party postponed caucus nights to an unspecified date and canceled in-person state convention.
Vermont
N/A
Virginia
Republican convention for Virginia's 7th Congressional District, originally scheduled for April 25, 2020, postponed to July 18, 2020. Republican convention for Virginia's 5th Congressional District, originally scheduled for April 25, 2020, postponed to June 13, 2020. Democratic state convention was conduced remotely.
Washington
N/A
West Virginia
N/A
Wisconsin
The Republican Party of Wisconsin postponed its state convention, originally scheduled to take place in May, to July 10-11, 2020.
Wyoming
Democratic Party in-person caucuses canceled. All-mail voting instituted instead with a deadline of April 17, 2020.
Relevant litigation
The following is a partial list of relevant lawsuits involving election administration issues in light of the coronavirus outbreak. Where available, case names and numbers, states of origin, courts of origin, and links to complaints and docket reports are provided. If you are aware of a relevant lawsuit that should be listed here, please email us.
Alabama
General election changes
Alabama modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Any qualified voter could cast an absentee ballot in the general election.
Candidate filing procedures: The petition deadline for unaffiliated presidential candidates was extended to August 20, 2020.
Primary election changes
Alabama modified its primary runoff election date as follows:
Election postponements: The primary runoff election, originally scheduled for March 31, 2020, was postponed to July 14.
Click the gray bar below for more detailed information.
October 21, 2020: U.S. Supreme Court reinstates prohibition against curbside voting
On October 21, 2020, the U.S. Supreme Court, on a 5-3 vote, reinstated Alabama's prohibition against curbside voting.[3]
On September 30, 2020, Judge Abdul Kallon of the U.S. District Court for the Northern District of Alabama issued the original order lifting the state's ban on curbside voting. On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit unanimously affirmed Kallon's ruling. The panel included Judges Adalberto Jordan, Jill Pryor, and Barbara Lagoa.[3]
October 13, 2020: Federal appeals court reinstates absentee/mail-in voter witness, photo ID requirements
On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed a district court order suspending the state's witness requirement for absentee/mail-in voters with underlying medical conditions. The panel also reversed the lower court's order waiving photo identification requirements for voters 65 and older. As a result, the witness and photo ID requirements were reinstated. The panel included Judges Adalberto Jordan, Jill Pryor, and Barbara Lagoa.[4]
On September 30, 2020, Judge Abdul Kallon, of the U.S. District Court for the Northern District of Alabama, issued the original ruling that waived the aforementioned requirements. He also lifted the state's prohibition against curbside voting. The Eleventh Circuit upheld that order, allowing curbside voting to proceed.
September 30, 2020: Federal judge issues ruling modifying several voting laws
On September 30, 2020, Judge Abdul Kallon, of the U.S. District Court for the Northern District of Alabama, issued a ruling that made a number of modifications to Alabama's voting laws.[5]
Waiver of absentee/mail-in ballot witness/notary requirement for voters with underlying medical conditions.
Waiver of identification requirements for voters 65 and older, so long as they were able to provide other identifying information.
Prohibition against curbside voting lifted.
July 17, 2020: Alabama secretary of state suspends eligibility requirements for absentee voting in the November 3, 2020, general election
On July 17, 2020, Alabama Secretary of State John Merrill (R) issued an emergency rule allowing any qualified voter to cast an absentee ballot in the November 3, 2020, general election. The full text of the rule change is presented below:[6]
“
Pursuant to 17-11-3(e) of the Code of Alabama, and without limitation, due to the State of Emergency issued by the Governor of Alabama on March 13, 2020, as amended, any qualified voter who determines it is impossible or unreasonable to vote at their voting place for the General Election on November 3, 2020, due to the declared state of emergency, shall be eligible to check the box on the absentee ballot application which reads as follows: 'I have a physical illness or infirmity which prevents my attendance at the polls. [ID REQUIRED]'[7]
”
July 2, 2020: U.S. Supreme Court stays lower court decision ordering election officials to waive absentee ballot witness, photo ID requirements for select voters
June 25, 2020: Federal appeals court declines to stay lower court decision ordering election officials to waive absentee ballot witness, photo ID requirements for select voters
On June 25, 2020, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit declined to stay a lower court order barring election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections. The panel, comprising Judges Robin Rosenbaum, Jill Pryor, and Britt Grant, voted unanimously on the matter.[9]
On June 29, 2020, state officials filed an application for an emergency stay of the appellate court's order with Associate Justice Clarence Thomas, who fields such requests for the Eleventh Circuit.[10]
June 15, 2020: Federal judge orders election officials to waive absentee ballot witness, photo ID requirements for select voters
On June 15, 2020, Judge Abdul Kallon, of the United States District Court for the Northern District of Alabama, issued a preliminary injunction barring election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections. The waiver of the witness requirement applies to any voter who provides a written statement, signed under penalty of perjury, that he or she suffers from an underlying medical condition that places the individual at higher risk for contracting a severe case of COVID-19. The waiver of the photo ID requirement applies to any voter who is either over the age of 65 or disabled who signs a written statement to that effect. Kallon also enjoined the state from enforcing its de facto prohibition against curbside voting.[11]
March 30, 2020: Alabama extends petition deadline for unaffiliated presidential candidates
On March 30, 2020, Governor Kay Ivey (R) signed HB272 into law, extending the petition deadline for unaffiliated presidential candidates to August 20, 2020. The full text of the bill can be accessed here.[12]
March 18, 2020: Alabama postpones primary runoff election
On March 18, 2020, Alabama Governor Kay Ivey (R) announced that the state would postpone its primary runoff election, originally scheduled for March 31, 2020, to July 14, 2020. In response, Secretary of State John H. Merrill announced the following changes to voter registration and absentee voting deadlines for the primary runoff:[13][14]
Voter registration deadline: June 29, 2020
Absentee ballot application deadline: July 9, 2020
Absentee ballot submission deadline (hand-delivered and postmarked): July 13, 2020
Ivey's press release announcing the postponement is provided in full below.
“
MONTGOMERY – Governor Kay Ivey on Wednesday announced the Primary Runoff Election would be held on July 14, 2020 due to the concerns surrounding the COVID-19 (Coronavirus) pandemic.
“Exercising my extraordinary powers under the Emergency Management Act, I am setting Alabama’s Primary Runoff Election for July 14, 2020,” said Governor Kay Ivey. “The ability to hold free and fair elections is an inherent right as citizens of the United States and the great state of Alabama, but the safety and wellbeing of Alabama citizens is paramount.
“Our State Health Officer, Dr. Scott Harris, is recommending that we should practice social distancing and refrain from public gatherings of more than 25 individuals. Maintaining a 6-foot distance between one another is paramount. This guidance alone would be making an election day a hotbed for spreading the virus.
“Persons who are 65 years or older as well as those with previous heart and lung diseases are more vulnerable to the Coronavirus. Knowing the average age of our faithful poll workers qualifies them to be most at-risk adds the necessity to extend the election runoff date.
“Delaying the election to July 14 is not a decision I came to lightly, but one of careful consideration. I appreciate the guidance of Attorney General Steve Marshall and Secretary of State John H. Merrill for their collaboration to ensure the continuity of our state government.”
On Tuesday, Attorney General Steve Marshall issued an emergency ruling declaring Governor Ivey had the authority to delay the runoff under the State of Emergency declaration.
“Governor Ivey has the legal authority under the Alabama Emergency Management Act to declare a state of emergency as a result of the current pandemic,” says Attorney General Steve Marshall. “Accordingly, she also has the lawful ability to postpone a primary runoff election to protect public health and safety during the state of emergency.”
Upon the governor’s issuance of the amended State of Emergency proclamation rescheduling the Primary Runoff Election to be held on July 14, 2020, the Secretary of State shall give notice and provide the amended Administrative Calendar, via certified mail and email, to all applicable election officials.
“I am grateful to Governor Ivey and General Marshall for their proactive leadership, sincere dedication, and spirit of teamwork displayed during these trying times,” said Secretary of State John H. Merrill. “It is critical that we provide a safe and secure environment for all 3,585,209 voters in the State of Alabama to participate in the electoral process.”
The Secretary of State is encouraging anyone who is concerned about contracting the virus or spreading the illness may vote by absentee. For information regarding voter registration, locating a polling place, or how to obtain an absentee ballot, please contact the Secretary of State’s website.[7]
”
Alaska
General election changes
Alaska modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The witness requirement was suspended.
Primary election changes
Political party events in Alaska were modified as follows:
Political party events: The Democratic Party of Alaska canceled in-person voting in its presidential preference primary, originally scheduled for April 4, 2020. All voting was conducted by mail. The receipt deadline for mail-in ballots was April 20, 2020.
Click the gray bar below for more detailed information.
October 12, 2020: State supreme court suspends absentee/mail-in ballot witness requirement
On October 12, 2020, the Alaska Supreme Court affirmed a lower court's order suspending the state's witness requirement for absentee/mail-in ballots. On October 5, 2020, Superior Court Judge Dani Crosby ruled "application of the Witness Requirement during the pandemic impermissibly burdens the right to vote." The plaintiffs to the original lawsuit–including the Arctic Village Council and the League of Women Voters of Alaska–argued that they and other voters "should not be forced to choose between risking exposure to COVID-19 through complying with the Witness Requirement or forgoing their right to vote." The defendants said the plaintiffs "waited too long to seek relief from the court and that the doctrine of laches requires the court to dismiss their complaint." Under the laches doctrine, a party is not entitled to pursue a claim if the plaintiff has "unreasonably delayed in bringing the action."[15][16]
The state supreme court did not explain its reasoning in its October 12, 2020, order, saying that a full opinion on the matter would be forthcoming.
March 20, 2020: Alaska Democrats cancel in-person voting and extend vote-by-mail deadline for presidential preference primary
On March 20, 2020, the Democratic Party of Alaska announced the cancelation of in-person voting in its presidential preference primary, originally scheduled for April 4, 2020, opting instead to conduct all voting by mail. The party extended the vote-by-mail ballot receipt deadline to April 10, 2020.[17][18]
Arizona
General election changes
Arizona modified its voter registration procedures for the November 3, 2020, general election as follows:
Voter registration: Voters had until 5:00 p.m. on October 15, 2020, to register to vote.
Primary election changes
Arizona made no changes to its August 4, 2020, primary election.
Click the gray bar below for more detailed information.
October 13, 2020: Ninth Circuit reverses lower court's extension of voter registration deadline
On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that had extended the state's voter registration deadline. The court set October 15, 2020, as the new registration deadline.[19]
On October 5, 2020, Arizona's original registration deadline, Judge Steven Logan, of the U.S. District Court for the District of Arizona, ordered that Arizona's voter registration deadline be extended to 5 p.m. on October 23, 2020. Logan sided with the plaintiffs (including two nonprofits, Mi Familia Vota and the Arizona Coalition for Change), who had argued that the October 5, 2020, deadline violated their First and Fourteenth Amendment rights. Secretary of State Katie Hobbs (D) appealed the decision to the Ninth Circuit.[19]
The Ninth Circuit panel – Judges William Fletcher, Marsha Berzon, and Jay Bybee – ruled unanimously that the district court had erred in extending the deadline. The court said, "[The] statutory deadline does not impose a 'severe burden' on Plaintiff-Appellees' asserted rights and does not trigger strict scrutiny. … While the [Covid-19] restrictions made it more difficult for Plaintiff-Appellees to help voters to register, it was quite possible for them to do so." The court majority ordered that registrations completed between October 5, 2020, and October 15, 2020, be accepted. Bybee dissented on this point, arguing that voters who registered after the original deadline should not be allowed to vote in the 2020 general election.[19]
October 6, 2020: Ninth Circuit reverses lower court's extension of period during which voters can add missing signatures to vote-by-mail ballots
On October 6, 2020, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court's order that would have allowed voters up to five days to provide missing signatures for absentee/mail-in ballots. The plaintiffs had argued that Arizona's Election Day deadline for curing unsigned absentee/mail-in ballot envelopes violated the Fourteenth Amendment by "unjustifiably burdening the right to vote" and "denying procedural due process." In a September 10, 2020 ruling, a federal district court judge sided with the plaintiffs, ordering the state to give voters up to five days to provide missing signatures.[20]
The Ninth Circuit panel, comprising Judges Diarmuid O'Scannlain, Johnnie Rawlinson, and Morgan Christen, rejected the plaintiffs' arguments and reversed the district court order: "All ballots must have some deadline, and it is reasonable that Arizona has chosen to make that deadline Election Day itself so as to promote its unquestioned interest in administering an orderly election and to facilitate its already burdensome job of collecting, verifying, and counting all of the votes in timely fashion. Indeed, though the parties dispute the magnitude of the additional burden, there can be no doubt (and the record contains evidence to show) that allowing a five-day grace period beyond Election Day to supply missing signatures would indeed increase the administrative burdens on the State to some extent."[20]
October 5, 2020: Federal judge extends voter registration deadline to October 23, 2020
On October 5, 2020, Judge Steven Logan, of the U.S. District Court for the District of Arizona, ordered that Arizona's voter registration deadline be extended to 5 p.m. on October 23, 2020. The original deadline was October 5, 2020. The full text of Logan's order can be accessed here.[21]
September 10, 2020: Judge orders extension of period during which voters can add missing signatures to vote-by-mail ballots
On September 10, 2020, Judge Douglas Rayes, of the U.S. District Court for the District of Arizona, ordered election officials to give voters until 5:00 p.m. on the fifth business day after an election to sign their vote-by-mail ballot envelopes if they failed to sign at the time they submitted the ballots. The full text of the order can be accessed here.[22]
March 13, 2020: State judge bars Maricopa County Recorder from sending ballots to all voters for presidential preference primary election
On March 13, 2020, a state judge issued an order barring Maricopa County Recorder Adrian Fontes (D) from mailing ballots to all voters for the presidential preference primary election, scheduled for March 17, 2020. Mark Brnovich (R), Arizona's attorney general, filed suit for the emergency order, saying, "The Maricopa County Recorder cannot unilaterally rewrite state election laws. Fontes is creating chaos in our elections during an already difficult time. In times of crisis, the public looks to our elected officials to follow the law – not make reactionary decisions for political gain." The Maricopa County Board of Supervisors and Arizona Secretary of State Katie Hobbs (D) also challenged the legality of Fontes' decision. Upon announcing his intent to send ballots to all voters, Fontes said, "There is no explicit authority in law for this and there’s also no prohibition in law. We’re doing this to support the Board of Supervisors to make sure that every eligible voter can safely fill out a ballot, put it in the envelope and maintain appropriate social distance by just popping in and dropping it off at any of the polling locations that will be open on Tuesday."[23]
Arkansas
General election changes
Arkansas modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Voters in the general election could cite concerns over COVID-19 as a valid excuse for voting absentee.
Primary election changes
Political party events in Arkansas were modified as follows:
Political party events: The Democratic Party of Arkansas allowed 17 of the state's 75 counties to conduct their county-level conventions via telephone or video.
Click the gray bar below for more detailed information.
August 7, 2020: Governor issues executive order allowing voters to cite concerns over COVID-19 as a valid excuse for voting absentee
On August 7, 2020, Governor Asa Hutchinson (R) issued an executive order extending absentee ballot eligibility to all voters in the November 3, 2020, general election "who conclude their attendance at the polls may be a risk to their health or the health of others due to the COVID-19 pandemic." The order formalized a policy first announced by Hutchinson and Secretary of State John Thurston (R) on July 2, 2020.[24]
July 2, 2020: Governor, secretary of state announce voters can cite concerns over COVID-19 as a valid excuse for voting absentee
On July 2, 2020, Gov. Asa Hutchinson (R) and Secretary of State John Thurston (R) announced that voters in the November 3, 2020, election would be allowed to cite concerns over COVID-19 as a valid excuse for voting absentee. Hutchinson said, "They just simply have a concern, a fear of going to the polling place because of the COVID-19, that's enough of a reason." Hutchinson said he did not intend to issue an executive order on the matter.[25]
April 4, 2020: Democratic Party of Arkansas authorizes select counties to conduct their conventions remotely
On April 4, 2020, the executive committee of the Democratic Party of Arkansas voted to authorize 17 of the state's 75 counties to conduct their conventions via telephone or video. The party did not take action to postpone the state convention, scheduled for May 30, 2020.[26]
California
General election changes
California modified its absentee/mail-in and in-person voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballots were sent to all registered voters in the general election.
In-person voting: Counties were authorized to consolidate precincts and defer opening voting centers until the third day before the election.
Primary election changes
California made no changes to its March 3, 2020, primary election.
Click the gray bar below for detailed information about primary, special, and general election modifications made in response to the COVID-19 outbreak
August 6, 2020: Governor signs legislation making modifications to administration procedures for the November 3, 2020, general election
On August 6, 2020, Governor Gavin Newsom (D) signed SB 423 into law, making a number of modifications to administration procedures for the November 3, 2020, general election:[27]
Authorize counties to defer opening vote centers until the third day before the election (state statutes provide for vote centers to open 10 days before the election in counties conducting all balloting by mail)
Authorize election officials to consolidate precincts
"Require elections officials to conduct a voter education and outreach campaign"
"Urge counties to provide drive-through ballot drop-off or voting locations"
"Authorize elections officials to establish vote centers, polling places, or consolidated polling places in locations whose primary purpose is the sale and dispensation of alcoholic beverages"
"Require the Secretary of State to establish a process to consider requests from counties to adjust or partially waive the minimally required number, location, or operational duration, of vote centers, consolidated polling places, or ballot drop-off locations"
"Require the Secretary of State to conduct a statewide voter education and outreach campaign regarding new procedures in place for the election"
"Require the Secretary of State to establish a strike team to assist counties as needed to acquire suitable locations for vote centers, polling places, and consolidated polling places as well as other assets necessary for the safe and successful conduct of the election"
July 17, 2020: California Supreme Court extends redistricting deadlines by at least four months
On July 17, 2020, the California Supreme Court ordered that the constitutional and statutory deadlines for congressional, state legislative, and Board of Equalization redistricting be extended by at least four months to account for anticipated delays in receiving data from the U.S. Census Bureau. The court directed the California Citizens Redistricting Commission to release draft district plans by November 1, 2021, and final district plans by December 15, 2021. The original deadlines were July 1, 2021, and August 15, 2021, respectively. The court provided for further extensions if the federal government did not transmit the necessary data by July 31, 2021. The court was unanimous in its decision, which can be accessed here.[28][29]
June 18, 2020: Governor signs legislation requiring county election officials to send mail-in ballots to all registered voters in the November 3, 2020, general election
On June 18, 2020, Governor Gavin Newsom (D) signed AB860 in law, requiring county election officials to mail absentee/mail-in ballots to all registered voters in the November 3, 2020, general election. On May 8, 2020, Newsom had issued an executive order to the same effect.[30]
June 17, 2020: State appeals court stays lower court order suspending gubernatorial order authorizing counties to consolidate polling places in November 3, 2020, general election
On June 17, 2020, the Third Appellate District Court stayed a lower court's restraining order against Executive Order N-67-20, which had authorized counties to consolidate polling places in the November 3, 2020, general election, provided they offer three days of early voting, pending further proceedings in the case.[31]
June 12, 2020: State judge temporarily suspends executive order authorizing counties to consolidate polling places in November 3, 2020, general election
On June 12, 2020, Judge Perry Parker, of the Sutter County Superior Court, issued a temporary restraining order suspending Executive Order N-67-20, which had authorized counties to consolidate polling places in the November 3, 2020, general election, provided they offer three days of early voting.[32]
June 3, 2020: Governor issues executive order authorizing counties to consolidate polling places in November 3, 2020, general election
On June 3, 2020, Governor Gavin Newsom (D) issued an executive order giving counties permission to consolidate polling places in the November 3, 2020, general election, provided they offer three days of early voting. Newsom authorized counties to operate one polling place per 10,000 registered voters, provided that those locations be open eight hours per day from October 31, 2020, to November 2, 2020, for early voting. The full text of the executive order can be accessed here.[33]
May 8, 2020: Governor issues executive order providing for all-mail balloting in November 3, 2020, general election
On May 8, 2020, Governor Gavin Newsom (D) signed an executive order directing county election officials to send mail-in ballots to all registered voters in the November 3, 2020, general election. Newsom announced that in-person voting locations would still be available. The full text of the press release accompanying the executive order is presented below. The order itself can be accessed here.[34]
“
SACRAMENTO — Recognizing the threat COVID-19 continues to pose to public health, Governor Gavin Newsom today signed an executive order to ensure that Californians can exercise their right to vote in a safe and accessible manner during the General Election this November. The order requires that each county’s elections officials send vote-by-mail ballots for the November 3, 2020 General Election to all registered voters. Californians who may need access to in-person voting opportunities – including individuals with disabilities, individuals who speak languages other than English, individuals experiencing homelessness, and others – will still be able to access in-person voting opportunities.
"Elections and the right to vote are foundational to our democracy," said Governor Newsom. "No Californian should be forced to risk their health in order to exercise their right to vote. Mail-in ballots aren’t a perfect solution for every person, and I look forward to our public health experts and the Secretary of State’s and the Legislature’s continued partnership to create safer in-person opportunities for Californians who aren’t able to vote by mail."
The Administration will continue to work with the Legislature and the Secretary of State to determine how requirements for in-person voting opportunities and other details of the November election will be implemented, while preserving public health and giving county elections officials needed flexibility. If by May 30, 2020 counties do not yet have clarity for in-person voting opportunities and other details of the November election, it may be necessary to issue a further executive order addressing these issues.
"California will not force voters to choose between protecting their health and exercising their right to vote. I thank Governor Newsom for taking decisive action now, to preserve voting rights and provide sufficient time to properly prepare for the General Election," said Secretary of State Alex Padilla. "Today we become the first state in the nation to respond to the COVID-19 pandemic by mailing every registered voter a ballot. We are meeting our obligation to provide an accessible, secure, and safe election this November. Sending every registered voter a ballot by mail is smart policy and absolutely the right thing to do during this COVID-19 pandemic."
"Today’s executive order is a critical first step to ensuring California’s November 2020 election is safe and accessible," said Jonathan Mehta Stein, Executive Director of California Common Cause. "While other states are fighting for access to vote-by-mail ballots, Governor Newsom has ensured that for California voters and we can now push ahead, together, on the difficult work of ensuring in-person voting sites for voters with language needs, voters with disabilities, voters without reliable access to mail, and other voters who need in-person voting to access their vote."[7]
”
March 20, 2020: Governor issues executive order providing for all-mail balloting in three special elections
On March 20, 2020, Governor Gavin Newsom (D) issued Executive Order N-34-20, providing for all-mail voting in the following elections:[35]
Westminster special recall election scheduled for April 7, 2020
Newsom directed local elections officials in these jurisdictions to send ballots to all eligible voters. Newsom said that "elections officials are also authorized, and encouraged, to make in-person voting opportunities available on or before Election Day for each of these elections in a manner consistent with public health and safety."
Colorado
General election changes
Colorado did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Colorado were modified as follows:
Political party events: Governor Jared Polis (D) signed HB20-1359 into law, extending select political party deadlines for the 2020 election cycle.
Click the gray bar below for more detailed information.
March 16, 2020: Governor signs bill into law extending select political party deadlines for 2020 election cycle
On March 16, 2020, Governor Jared Polis (D) signed HB20-1359 into law, extending select political party deadlines for the 2020 election cycle as follows:[36]
Extended deadline for party and county assemblies to April 25, 2020
Extended deadline for parties' central committees to file certificates of designation with the secretary of state to 60 days before the state primary
Extended deadline for the secretary of state to deliver the certificate of the ballot to county clerks to May 7, 2020
The legislation also provided for remote participation in party assemblies. The legislation did not postpone the primary or general election dates, scheduled for June 30, 2020 and November 3, 2020, respectively. The bill's provisions were set to expire at the end of the calendar year, at which time existing statutory guidelines would again take effect. The bill cleared the state House on March 14, 2020, by a vote of 55-1, with nine members excused. The state Senate approved the bill on the same day by a vote of 30-0, with five members excused.[36]
Connecticut
General election changes
Connecticut modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee/mail-in ballot applications were sent to all registered voters in the general election. Voters could cite concern over COVID-19 as a reason for voting absentee in the general election.
Candidate filing procedures: The filing deadlines for major-party and unaffiliated candidates were extended by two days, to June 11, 2020, and August 7, 2020, respectively.
Primary election changes
Connecticut modified its primary election process as follows:
Election postponements: The presidential preference primary, first scheduled to take place on April 28, 2020, was postponed first to June and then to August 11.
Candidate filing procedures: Petition signature requirements for all candidates were reduced by 30 percent.
Voting procedures: Absentee voting eligibility extended to any registered voter in the August 11 primary if there was no "federally approved and widely available vaccine for prevention of COVID-19" at the time he or she requests an absentee ballot. Absentee/mail-in ballot applications sent to all registered voters in the primary election. Absentee ballot postmark and delivery deadlines extended to August 11, and August 13, respectively.
Click the gray bar below for more detailed information.
August 10, 2020: Connecticut governor issues executive order extending absentee ballot deadlines in the August 11, 2020, primary election
On August 10, 2020, Governor Ned Lamont (D) issued an executive order directing election officials to accept absentee ballots postmarked by August 11, 2020, and delivered by August 13, 2020. The order applied only to the August 11, 2020, primary election.[37]
July 31, 2020: Connecticut governor signs legislation extending absentee voting eligibility for November 3, 2020, general election
On July 31, 2020, Governor Ned Lamont (D) signed HB6002 into law, allowing voters to cite concern over COVID-19 as a reason for voting by absentee ballot in the November 3, 2020, general election. The legislation provided for the following additional administration modifications to the November 3, 2020, general election:[38][39]
"gives the secretary of the state authority to change absentee voting forms and materials to conform to the expanded authorization"
"authorizes town clerks to mail absentee voting sets using a third-party vendor that the secretary of the state approves and selects"
"requires town clerks to designate, and authorize absentee voters to return absentee ballots to, drop boxes"
"authorizes the secretary of state, subject to certain conditions, to waive mandatory supervised absentee voting requirements"
"extends certain deadlines and timeframes associated with processing absentee ballots and canvassing and reporting election returns"
May 20, 2020: Connecticut governor issues order extending absentee voting eligibility for August 11, 2020, primary
On May 20, 2020, Governor Ned Lamont (D) issued an executive order extending absentee voting eligibility to any registered voter in the August 11, 2020, primary if there is no "federally approved and widely available vaccine for prevention of COVID-19" at the time he or she requests an absentee ballot. The full text of the executive order can be accessed here.[40]
On May 11, Governor Ned Lamont (D) issued an executive order reducing petition signature requirements for all candidates by 30 percent. He also extended the filing deadlines for major-party and unaffiliated candidates by two days, to June 11, 2020, and August 7, 2020, respectively. The full text of the order can be accessed here.[41]
May 4, 2020: Connecticut to send absentee ballot applications automatically to all eligible voters in primary and general election
On May 4, 2020, Connecticut Secretary of State Denise Merrill (D) announced that all eligible voters in the August 11, 2020, statewide primary and November 3, 2020, general election would automatically receive absentee/mail-in ballot applications. Pre-paid postage for both the applications and the ballots themselves would also be provided. Merrill also announced that polling locations would be open for both elections. Merrill's full plan for administration of both the primary and general elections can be accessed here.[42]
April 17, 2020: Connecticut postpones presidential preference primary to August 11, 2020
On April 17, 2020, Connecticut Governor Ned Lamont (D) issued an executive order postponing the state's presidential preference primary to August 11, 2020, coinciding with the statewide primary election also scheduled to take place that day. This marked the second postponement of Connecticut's presidential preference primary. The primary, originally scheduled to take place on April 28, 2020, was first postponed to June 2, 2020.[43]
March 19, 2020: Connecticut postpones presidential preference primary to June 2, 2020
On March 19, 2020, Governor Ned Lamont (D) announced the postponement of Connecticut's presidential preference primary, originally scheduled for April 28, 2020, to June 2, 2020. Lamont said, "In coordination with other states and our Secretary of the State, and in an effort to carry out Democracy while keeping public health a top priority, I have decided to move our presidential primary to June 2nd." The primary was subsequently postponed again, this time to August 11, 2020.[44][45][46]
Delaware
General election changes
Delaware modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Vote-by-mail applications were sent to all registered voters in the general election.
Primary election changes
Delaware modified its primary election processes as follows:
Election postponements: The presidential preference primary was postponed from April 28, 2020, to July 7.
Voting procedures: Vote-by-mail applications sent to all registered voters in the primary election.
Click the gray bar below for more detailed information.
July 1, 2020: Governor signs legislation providing for automatic vote-by-mail applications to be sent to all qualified voters in the 2020 primary, general, and special elections
On July 1, 2020, Governor John Carney (D) signed HB346 into law, providing for the state election commission to deliver a vote-by-mail application to every qualified voter in the 2020 primary, general, and special elections. The full text of the bill can be accessed here.[47]
May 7, 2020: Delaware postpones presidential preference primary election to July 7, 2020
On May 7, 2020, Governor John Carney (D) announced a further postponement of the state's presidential primary, this time to July 7, 2020. The presidential primary, which was originally scheduled to take place on April 28, 2020, was first postponed to June 2, 2020. Carney also postponed school board elections to July 21, 2020. Carney announced that the state would mail absentee ballot applications automatically to all eligible voters in the presidential preference primary. The full contents of the press release announcing these modifications is presented below.[48]
“
WILMINGTON, Del. – Governor John Carney on Thursday signed the fifteenth modification to his State of Emergency declaration, rescheduling Delaware’s presidential primary for July 7. The Delaware Department of Elections will mail absentee ballot applications to all registered Democrats and Republicans in the State of Delaware, providing all eligible registered Delaware voters the opportunity to vote by absentee ballot in the presidential primary election.
Governor Carney’s updated order also formalizes interim steps announced on Tuesday, allowing certain small businesses to resume limited operations effective 8:00 a.m. on Friday, May 8.
“Delawareans have a basic, fundamental right to vote, and these changes will allow all Delaware voters to safely exercise that right,” said Governor Carney. “We are making progress. Delawareans have helped flatten the curve by staying home, and by practicing social distancing when you’re out in public. But this fight isn’t over. Don’t go out in public unnecessarily, and wear a face covering when you do. Wash your hands often. Delawareans should stay vigilant, and stay informed at de.gov/coronavirus.”
Eligible Delaware voters will be permitted to select the “sick” or “temporarily or permanently physically disabled” options on their absentee ballot application to cast a vote in the presidential primary election, even if they are not exhibiting symptoms of COVID-19. Voters must return the application to the Delaware Department of Elections or complete the process online to receive an absentee ballot. The Delaware Department of Elections will operate at least six polling places in each county to allow voters to cast ballots in person should they choose not to vote by absentee ballot.
Governor Carney’s order on Thursday also reschedules school board elections for July 21, and places additional requirements on municipalities that are conducting elections. The order requires districts and municipalities to enforce social distancing during elections, require face coverings, and limit crowds to 10 or fewer people at polling places.
Governor Carney’s State of Emergency declaration – including the stay-at-home order and mandatory 14-day quarantine for out-of-state travelers – remains in place and carries the force and effect of law. Violations of the order, or any of its modifications, constitute a criminal offense.[7]
”
March 24, 2020: Delaware postpones presidential preference primary election to June 2, 2020
On March 24, 2020, Governor John Carney (D) postponed Delaware's presidential preference primary election, originally scheduled for April 28, 2020, to June 2, 2020. Carney also postponed the following local-level elections:[49]
School board elections originally scheduled for May 12, 2020, postponed to June 16, 2020
School district referendum elections originally scheduled prior to May 15, 2020, canceled (the governor ordered school boards to reschedule these elections for May 15, 2020, or later)
Municipal elections originally scheduled prior to May 15, 2020, canceled (the governor ordered local officials to reschedule these elections for May 15, 2020, or later)
Carney also expanded the definition of "sick or physically disabled," for the purposes of absentee voting eligibility, to "apply to and include any such voter who is asymptomatic of COVID-19 infection and
otherwise abiding by CDC and DPH guidelines by exercising self-quarantine or social distancing to avoid potential exposure to (and community spread of) COVID-19, and who herself or himself freely chooses to use such qualification to vote by absentee ballot."
Florida
General election changes
Florida modified its voter registration procedures for the November 3, 2020, general election as follows:
Voter registration: The voter registration deadline was extended to October 6, 2020.[50]
Primary election changes
Florida modified its candidate filing procedures as follows:
Candidate filing procedures: Candidates allowed to submit qualifying documents, including signed petitions, electronically.
Click the gray bar below for more detailed information.
October 6, 2020: Voter registration deadline extended to October 6, 2020
On October 6, 2020, Florida Secretary of State Laurel Lee (R) announced that the state's voter registration would be extended to 7 p.m. on October 6, 2020.[51]
“
Potential voter registrants should know that any applications received on Florida’s Online Voter Registration system today, October 6, 2020, will be included in the registration for the November 3, 2020, General Election. Additionally, any applications received through the following channels TODAY will also be accepted:
County Supervisors of Elections Offices
Local Tax Collector’s Offices
Department of Highway Safety and Motor Vehicles’ Driver’s License Offices
Paper applications postmarked by today, October 6, 2020[7]
”
April 3, 2020: Florida allows candidates to submit qualifying documents electronically
On April 3, 2020, Secretary of State Laurel Lee (R) signed two orders authorizing candidates to submit qualifying documents, including signed petitions, electronically. The orders can be accessed here and here.[52]
Georgia
General election changes
Georgia modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Candidate filing procedures: The petitioning deadline for minor-party and unaffiliated candidates was extended to August 14, 2020. The petition signature requirement for independent and minor-party candidates was reduced to 70 percent of their original numbers.
Primary election changes
Georgia modified its primary election process as follows:
Election postponements: The statewide and presidential preference primary elections were postponed to June 9, 2020.
Voting procedures: Absentee ballot application forms to all active voters in the primary election.
Political party events: The Republican Party of Georgia canceled its state convention, originally scheduled to take place on May 29-30, 2020.
Click the gray bar below for more detailed information.
October 2, 2020: Federal appeals court reinstates original absentee/mail-in ballot return deadline
On October 2, 2020, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reinstated Georgia's November 3, 2020, receipt deadlines for absentee/mail-in ballots. The panel voted 2-1 to reverse the lower court order that had extended absentee/mail-in ballot postmark and receipt deadlines to November 3, 2020, and November 6, 2020, respectively. Judges Britt Grant and Barbara Lagoa voted to reverse the extension. Judge Charles Wilson, a Bill Clinton (D) appointee, dissented.[53]
August 31, 2020: Federal judge extends absentee ballot postmark, receipt deadlines for general election
On August 31, 2020, Judge Eleanor L. Ross, of the U.S. District Court for the Northern District of Georgia, issued an order extending the return deadlines for absentee ballots in the general election. Ross ordered officials to accept as valid any absentee ballots postmarked November 3, 2020, and received by 7:00 p.m., November 6, 2020. The order resulted from the lawsuit New Georgia Project v. Raffensperger, in which the plaintiffs objected to several provisions of Georgia's absentee voting law. Ross declined to grant the plaintiffs' motion to enjoin election officials from enforcing the other challenged provisions of the law.[54]
July 9, 2020: Federal judge reduces petition signature requirements for independent and minor-party candidates
On July 9, 2020, Judge Eleanor L. Ross, of the United States District Court for the Northern District of Georgia, issued an order in Cooper v. Raffensperger, reducing the petition signature requirement for independent and minor-party candidates to 70 percent of their original numbers.[55]
April 9, 2020: Georgia postpones it statewide and presidential primaries to June 9, 2020
On April 9, 2020, Georgia Secretary of State Brad Raffensperger (R) announced the postponement of Georgia's statewide and presidential primary elections to June 9, 2020. The voter registration deadline was scheduled for May 11, 2020. The early voting period was scheduled to open on May 18, 2020. The primary runoff has been postponed to August 11, 2020. The state had previously postponed its presidential primary to May 19, 2020, the original date of its statewide primary. The press release announcing the postponement is presented below.[56]
“
(ATLANTA) — Today, Secretary of State Brad Raffensperger announced that, pursuant to the authority vested in him by O.C.G.A. § 21-2-50.1, he is postponing the Statewide General Primary/Presidential Preference Primary Election until June 9, 2020.
Yesterday, Governor Brian Kemp extended the current public health state of emergency until May 13, 2020. Lieutenant Governor Geoff Duncan and Speaker of the House David Ralston concurred in the Governor’s extension of the state of emergency.
“Due to the Governor’s extension of the state of emergency through a time period that includes almost every day of in-person voting for an election on May 19, and after careful consideration, I am now comfortable exercising the authority vested in me by Georgia law to postpone the primary election until June 9,” said Secretary Raffensperger. “This decision allows our office and county election officials to continue to put in place contingency plans to ensure that voting can be safe and secure when in-person voting begins and prioritizes the health and safety of voters, county election officials, and poll workers.”
Throughout this crisis, the Secretary of State’s office has been in close contact with county election officials across the state. Over the past week, the reports of mounting difficulties from county election officials, particularly in Southwest Georgia, grew to a point where county election officials could not overcome the challenges brought on by COVID-19 in time for in-person voting to begin on April 27. Additionally, current modeling by the U.S. Centers for Disease Control and Prevention and by the Institute for Health Metrics and Evaluation projects the COVID-19 pandemic in Georgia will peak around April 24, only days before in-person voting was scheduled to begin. While challenges will certainly remain on June 9, these additional three weeks will give the Secretary of State’s office and counties time to shore up contingency plans, find and train additional poll workers, and procure supplies and equipment necessary to clean equipment and protect poll workers.
Emergency authority is something that should be exercised carefully, and moving an election should only take place in the rarest of circumstances. While Secretary Raffensperger previously expressed concern that he did not have the authority to move the primary election again, the Governor’s extension of the state of emergency to a time that includes almost every day of in-person voting for a May 19 election is sufficient to allow the Secretary to exercise the emergency authority given to him by O.C.G.A. § 21-2-50.1 and move the primary election to June 9.
“I certainly realize that every difficulty will not be completely solved by the time in-person voting begins for the June 9 election, but elections must happen even in less than ideal circumstances,” said Raffensperger. “Just like our brave healthcare workers and first responders, our county election officials and poll workers are undertaking work critical to our democracy, and they will continue to do this critical work with all the challenges that the current crisis has brought forth. This postponement allows us to provide additional protection and safety resources to county election officials, poll workers, and voters without affecting the November election.”
The voter registration deadline for the June 9, 2020 election will be May 11, 2020. Early voting will begin on May 18, 2020. Pursuant to O.C.G.A. § 21-2-501, moving the primary election to June 9, 2020 will move the primary runoff to August 11, 2020.Pushing back the primary to June 9 gives Georgia election officials additional time to put in place contingency plans to allow for safe and secure voting, but pushing back the primary election any further could potentially have negative consequences on preparation for the November 3, 2020 General Election. Given existing deadlines to prepare and send ballots for the November election, particularly for military voters, moving forward on June 9 is the best way to ensure a successful election year in Georgia.
Absentee ballot applications for the upcoming primary election will continue to be accepted and processed by counties even if the application said May 19. Once county election officials properly verify the signature on the application, the voter will be sent an absentee ballot for the primary election now to be held on June 9.[7]
”
April 9, 2020: Republican Party of Georgia cancels state convention
On April 9, 2020, David J. Shafer, chairman of the Republican Party of Georgia, announced the cancelation of the party's state convention, which had originally been scheduled to take place on May 29-30, 2020.[57]
March 24, 2020: Georgia to mail absentee ballot request forms to all voters in the primary election
On March 24, 2020, Georgia Secretary of State Brad Raffensperger (R) announced that election officials would mail absentee ballot request forms to all active voters for the primary election. In-person voting sites, both for the early voting period and on Election Day, were expected to remain open. At the time of this announcement, Georgia's presidential preference primary had been postponed to coincide with its statewide primary, scheduled for May 19, 2020. On April 9, 2020, Raffensperger announced the further postponement of the statewide and presidential preference primaries to June 9, 2020. In the press release announcing that postponement, Raffensperger's staff wrote the following about absentee voting procedures: "Absentee ballot applications for the upcoming primary election will continue to be accepted and processed by counties even if the application said May 19. Once county election officials properly verify the signature on the application, the voter will be sent an absentee ballot for the primary election now to be held on June 9."[58][59][56]
March 20, 2020: Georgia postpones petitioning deadline for minor-party and unaffiliated candidates to August 14, 2020
On March 20, 2020, Georgia Secretary of State Brad Raffensperger (R) extended the petitioning deadline for minor-party and unaffiliated candidates to August 14, 2020. The petition deadline was originally scheduled for July 14, 2020.[60]
March 14, 2020: Georgia postpones presidential preference primary
On March 14, 2020, Georgia Secretary of State Brad Raffensperger (R) announced the postponement of the state's presidential preference primary, originally scheduled for March 24, 2020, to May 19, 2020. Raffensperger's office released the following statement:[61]
“
ATLANTA -- In light of the public health emergency posed by COVID-19, the illness caused by the coronavirus, in-person voting presents increased risk to voters and poll workers. Governor Kemp has declared a public health emergency. President Trump has declared a national emergency, said Secretary of State Brad Raffensperger. "Events are moving rapidly and my highest priority is protecting the health of our poll workers, their families, and the community at large."
Maintaining the integrity of the election depends on the talents of poll workers who are in the high-risk group because their average age is over 70. So concern for their health is a central consideration in this decision.
"Our priority is to protect the health and safety of all Georgians and to ensure that as many Georgians as possible have an opportunity to vote," said State Senator Nikema Williams, the Chairwoman of the Democratic Party of Georgia. "Continued in-person voting could compromise both goals. Georgians who have already cast their vote in person or by mail for the March 24 primary will be able to vote again in the May 19 primary for the elections already scheduled for that date. If Georgians who have already cast their vote for the March 24 primary do not vote again in the May 19 primary, their votes for the presidential preference primary will still count."
Secretary Raffensperger has represented that all votes already cast in person and all absentee ballots will be counted and every Georgia voter that has not yet had a chance to cast a ballot in the March 24 elections will be able to do so on May 19, along with the elections already scheduled for that date."
"Given these circumstances, I believe it is necessary and prudent to suspend in-person voting in the Presidential Preference Primary, and the local elections associated with them, and resume in-person voting for those elections as part of the already scheduled May 19 General Primary."
The CDC recommends those, including seniors, who are at greater risk from COVID-19 limit their exposure to the virus by keeping space between themselves and others, avoiding crowds, and staying at home during outbreaks in their community. Dr. Anthony Fauci, the head of the National Institute of Allergy and Infectious Diseases, has likewise identified individuals 65-years-old and older as facing increased risk from COVID-19. He explained that older Americans infected with COVID-19 stand a greater risk of serious difficulty and even death from the virus. All individuals should practice social distancing and minimize contact with others to minimize the risk to them and others.
With this decision, Secretary Raffensperger looks to confront the public health threat to our state, and the health of Georgians, while also maintaining an avenue for the people of Georgia to exercise their fundamental democratic right to vote. In the midst of a public health emergency like the one facing our state, taking strong action to protect all Georgians, including its dedicated poll workers, is paramount.[7]
”
Guam
General election changes
Guam did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Guam were modified as follows:
Election postponements: The Democratic Party of Guam postponed its presidential nominating caucuses, originally scheduled to take place on May 2, 2020, to June 6.
Click the gray bar below for more detailed information.
May 2, 2020: Guam Democratic presidential caucuses postponed to June 6, 2020
The Democratic Party of Guam was scheduled to hold its presidential nominating caucuses on May 2, 2020. The caucus was postponed to June 6, 2020.[62]
Hawaii
General election changes
Hawaii did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Hawaii were modified as follows:
Political party events: The Democratic Party of Hawaii canceled in-person voting in its presidential preference primary, originally scheduled to take place on April 4, 2020. All voting instead took place by mail. The return deadline for mail-in ballots was May 22.
Click the gray bar below for more detailed information.
March 20, 2020: Hawaii Democrats cancel in-person voting in presidential preference primary
On March 20, 2020, the Democratic Party of Hawaii announced that it would not conduct in-person voting in its party-administered presidential preference primary, originally scheduled for April 4, 2020. Instead, all voting would take place by mail. The registration and enrollment deadline for receiving a mail-in ballot was set for April 4, 2020. The deadline for returning completed ballots was set for May 22, 2020.[63][64]
Idaho
General election changes
Idaho did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Idaho modified its primary election process as follows:
Voting procedures: The May 19, 2020, primary election was conducted by mail. The receipt deadline for mail-in ballots was June 2.
Click the gray bar below for more detailed information.
April 1, 2020: Governor issues proclamation establishing deadlines for primary election
On April 1, 2020, Governor Brad Little (R) issued a proclamation establishing deadlines for the all-mail primary election.[65]
May 19, 2020: Deadline to register to vote; deadline for county clerks to receive mail-in ballot requests; deadline for requesting a mail-in ballot online
June 2, 2020: Receipt deadline for all mail-in ballots
Boise, Idaho – In order to keep Idahoans safe amid a growing global health pandemic and protect their right to vote, Idahoans will vote in the May primary exclusively from home using absentee ballots. If you want to vote in the election, you will need to request your ballot online at Idahovotes.gov or contact your local county clerk.
Given the growing number of coronavirus cases in Idaho, it simply was not safe for voters, election workers or the larger community to hold in-person voting for the May primary. Having Idahoans request an absentee ballot and vote at home will protect the health of Idahoans, slow the spread of COVID-19, allow the election to move forward as scheduled and ensure that everyone can still exercise their right to vote.
To vote in the May 19 primary, Idahoans MUST REQUEST their ballot from their county clerk or online through the Secretary of State’s website by May 19. Once their ballot arrives to their home, voters simply fill it out and mail it back using the pre-addressed envelope.
“We will be sending an absentee ballot request to every registered voter that has NOT already requested a ballot for May, so if you can’t access Idahovotes.gov, you don’t need to worry,” says Secretary Lawerence Denney. “We will send you a request form to your registered address by mail in the next roughly 10-14 days.”
Voters should not wait until May 19 to request their ballot or to vote. You can start today, and as soon as you receive your requested ballot, fill it out and mail it back in.
Voters who would normally request assistance for voting or who have accessibility concerns should please directly contact their county clerk’s office to discuss what accommodations may be available.[7]
”
March 30, 2020: Idaho to conduct primary election by mail
On March 30, 2020, Governor Brad Little (R) and Secretary of State Lawerence Denney (R) announced that Idaho's statewide primary election would be conducted by mail. According to the press release announcing the change (presented in full below), "The Governor and Secretary of State will work with the Attorney General and the clerks of Idaho’s 44 counties to refine the absentee voting process for these unique circumstances, including setting appropriate deadlines for registering to vote, requesting a ballot be sent to your home, and returning the ballot. Governor Little will issue a proclamation addressing the election in the coming days."[67]
“
Boise, Idaho – Governor Brad Little and Secretary of State Lawerence Denney announced today there will be no change in Idaho’s primary election date of May 19.
The election will be conducted by mail pursuant to the existing laws for absentee voting due to concerns about the spread of coronavirus.
The move is necessary after it became clear that sufficient polling places and poll workers could not be obtained for the election.
The Governor and Secretary of State will work with the Attorney General and the clerks of Idaho’s 44 counties to refine the absentee voting process for these unique circumstances, including setting appropriate deadlines for registering to vote, requesting a ballot be sent to your home, and returning the ballot.
Governor Little will issue a proclamation addressing the election in the coming days.
“While the coronavirus situation may change how we practice our right to vote in this primary election, it is important to keep our election dates in place,” Governor Little said. “I urge all voting Idahoans to request their absentee ballots as soon as possible so they can vote from home this year,” Governor Little said.
“Voting absentee is the right thing to do under these circumstances, and my office has already set up a website that allows Idaho voters to register and request an absentee ballot,” Secretary Denney said.
“We all hope Idaho’s situation with coronavirus will improve before election day on May 19, but decisions cannot wait. Governor Little is making the right call to conduct the election by mail. It is important for all Idaho citizens of voting age to request an absentee ballot and fully exercise our precious right to vote. This is our chance to show the world that, even under difficult conditions, our American values are alive and well,” Senate President Pro Tem Brent Hill said.
“Voting is one of our most basic rights as American citizens, and it is important that Idahoans continue to exercise this right this year by voting absentee,” House Speaker Scott Bedke said.
“Idaho’s county clerks appreciate the move to absentee to keep voters and poll workers safe. We are prepared to carry out this election and ensure the people of Idaho can exercise their right to vote,” said Kristina Glascock, Twin Falls County Clerk and president of the Idaho Association of County Recorders and Clerks.[7]
”
March 24, 2020: Idaho introduces online absentee ballot application process
On March 24, 2020, the office of Idaho's secretary of state announced the implementation of online absentee ballot application process. The online application can be accessed here.[68]
Illinois
General election changes
Illinois modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballot applications were sent to all registered voters in the general election who cast ballots in the 2018 general election, the 2019 consolidated election, or the 2020 primary election.
Candidate filing procedures: The following changes were made to the filing procedures for unaffiliated and new-party candidates: petition signature requirements were reduced to 10 percent of their original numbers; candidates were authorized to collect petition signatures electronically; and the filing deadline was extended to July 20, 2020.
Primary election changes
Illinois modified its primary election process as follows:
Candidate filing procedures: Candidates for state-level office were exempted from filing statements of economic interests for the duration of the governor's disaster proclamation period and for 30 days thereafter.
Click the gray bar below for more detailed information.
August 20, 2020: Federal appeals court again affirms lower court order modifying candidate filing procedures
On August 20, 2020, the U.S. Court of Appeals for the Seventh Circuit rejected an appeal of a district court order modifying filing procedures for unaffiliated and new-party candidates, finding that the court "did not abuse its discretion when it entered a preliminary injunction drafted by the [state board of elections] and agreed to by the parties or when it granted reconsideration in part." This marked the Seventh Circuit's second affirmation of the district court order, which is detailed below.[69]
June 21, 2020: Federal appeals court affirms lower court order modifying candidate filing procedures
On June 21, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court's order making a number of modifications to filing procedures for unaffiliated and new-party candidates. See below for more information on the district court order.[70]
June 16, 2020: Governor signs legislation directing local election officials to send vote-by-mail ballot applications to all recent voters in the November 3, 2020, general election
On June 16, 2020, Governor J.B. Pritzker (D) signed SB 863 and HB2238 into law, requiring local election officials to deliver vote-by-mail applications to all voters who cast ballots in the 2018 general election, the 2019 consolidated election, or the 2020 primary election. The legislation also expanded early voting hours at permanent polling places and authorized curbside voting. The law's provisions were set to apply to the November 3, 2020, general election.[71]
April 23, 2020: Federal judge modifies filing procedures for unaffiliated and new-party candidates
On April 23, 2020, Judge Rebecca Pallmeyer, of the U.S. District Court for the Northern District of Illinois, issued an order making a number of modifications to filing procedures for unaffiliated and new-party candidates. The judge authorized candidates to collect petition signatures electronically; extended the filing deadline; and reduced petition signature requirements to 10 percent of their original numbers. The judge also ordered that Libertarian and Green party candidates for offices for which the parties achieved ballot access in either 2018 or 2016 qualify for placement on the general election ballot in 2020. The court order can be accessed here.[72]
Pallmeyer originally extended the candidate filing deadline for unaffiliated and new-party candidates to August 7, 2020. At the request of state election officials, she moved the filing deadline to July 20, 2020, via an order issued on May 15, 2020.[73]
March 17, 2020: Illinois governor issues executive order exempting state-level candidates from filing statements of economic interests
On March 17, 2020, Governor J.B. Pritzker (D) issued an executive order exempting candidates for state-level office from filing statements of economic interests for the duration of the governor's disaster proclamation period and for 30 days thereafter.[74]
Indiana
General election changes
Indiana did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Indiana modified its primary election process as follows:
Election postponements: The primary election was postponed from May 5, 2020, to June 2.
Voting procedures: All voters were allowed to cast their ballots by mail in the primary election.
Political party events: Both the Democratic and Republican parties of Indiana canceled their in-person state conventions. The parties opted instead to conduct convention business virtually and by mail.
Click the gray bar below for more detailed information.
October 13, 2020: Federal appeals court reinstates original absentee/mail-in ballot return deadline
On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit stayed a lower court's order that had extended the state's return deadlines for absentee/mail-in ballots. As a result, the original receipt deadline (noon on November 3, 2020) was reinstated.[75]
On September 29, 2020, Judge Sarah Barker, of the U.S. District Court for the Southern District of Indiana, issued an order extending the postmark and receipt deadline for absentee/mail-in ballots in Indiana to November 3 , 2020, and November 13, 2020, respectively. The state appealed Barker's order to the Seventh Circuit.[75]
The Seventh Circuit panel, comprising Judges Diane Sykes, Frank Easterbrook, and Michael B. Brennan, ruled unanimously in favor of the state. Writing for the court, Easterbrook said, "That some people are unwilling to vote in person does not make an otherwise-valid system unconstitutional. It is for states to decide what sorts of adjustments would be prudent. The SARS-CoV-2 pandemic has caused great loss but is not a good reason for the federal judiciary to assume tasks that belong to politically responsible individuals."[75]
September 29, 2020: Federal judge extends absentee/mail-in ballot return deadlines
On September 29, 2020, Judge Sarah Barker, of the U.S. District Court for the Southern District of Indiana, issued an order extending the postmark and receipt deadline for absentee/mail-in ballots in Indiana to November 3, 2020, and November 13, 2020, respectively. The full text of the order can be accessed here.[76]
May 12, 2020: Republican Party of Indiana cancels in-person state convention
On May 12, 2020, the Republican Party of Indiana announced that it would cancel its in-person state convention, which had been scheduled to take place on June 20, 2020. Instead, the party opted to conduct convention business virtually and by mail.[77]
April 14, 2020: Democratic Party of Indiana cancels in-person state convention
On April 14, 2020, the Democratic Party of Indiana announced that it would cancel its in-person state convention, which had been scheduled to take place on June 13, 2020. Instead, the party opted to conduct convention business virtually and by mail.[78]
March 25, 2020: Indiana authorizes no-excuse absentee voting in June 2, 2020, primary election
On March 25, 2020, the Indiana Election Commission authorized the temporary suspension of the state's statutory absentee voting eligibility requirements, allowing all voters to cast their ballots by mail in the June 2, 2020, primary election. The commission also authorized the following changes to related election deadlines:[79]
Deadline for requesting an absentee ballot: May 21, 2020
Voter registration deadline: May 4, 2020
March 20, 2020: Indiana postpones primary election to June 2, 2020
On March 20, 2020, Indiana Governor Eric Holcomb (R), Secretary of State Connie Lawson (R), Republican Party Chairman Kyle Hupfer, and Democratic Party Chairman John Zody announced the postponement of Indiana's primary election, originally scheduled for May 5, 2020, to June 2, 2020. All attendant dates and deadlines were postponed 28 days. See below for the full press release:[80]
“
Governor Eric Holcomb joined Secretary of State Connie Lawson, Republican Party Chair Kyle Hupfer and Democratic Party Chair John Zody today to announce an agreement to move the date of this year’s Indiana primary election from May 5 to June 2.
All dates corresponding with the primary election will be moved by 28 days to reflect the new date of the primary. For example, military and overseas ballots are required to mailed 45 days prior to the primary election, so they’ll move 45 days prior to June 2.
“The right of citizens to elect their leaders in a free and open election is one of the cornerstones of America. In order to balance that right with the safety of county employees, poll workers and voters, delaying Indiana’s primary election is the right move as we continue to do all we can to protect Hoosiers’ health,” said Gov. Holcomb.
Gov. Holcomb signed an executive order to suspend Indiana’s election statute and move the dates. The executive order is posted here: https://www.in.gov/gov/2384.htm
In addition, Governor Holcomb, Secretary Lawson, Chairman Hupfer and Chairman Zody made the following recommendations to the Indiana Election Commission.
• Suspend absentee by-mail rules to allow all Hoosiers the option to vote by mail in the upcoming primary election.
• Allow county clerks to continually mail ballots from now through 12 days out from the new primary election date.
• Confirm ballots with a May 5, 2020 date will be valid.
• Enable medical professionals to be eligible members of traveling boards to vote nursing home and hospital patients.
• Give family members the ability to deliver absentee ballots. Currently only a member of a voter’s household may take possession of their ballot.
“As Indiana’s Chief Election Officer, it is my top priority to protect our elections, but, above all else, it is my duty to protect the health and safety of Hoosiers,” said Secretary Lawson. “I believe the bi-partisan recommendations we have asked the Indiana Election Commission to take will allow us to provide all Hoosiers the opportunity to vote.
Indiana Election Commission Chairman Paul Okeson has called a meeting of the Indiana Election Commission on Wednesday, March 25 at 10 a.m. to discuss the recommendations. The meeting will be held in the south atrium of the Indiana Statehouse.[7]
”
Iowa
General election changes
Iowa modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee ballot application forms were sent to all registered voters in the general election.
Primary election changes
Iowa modified its primary election process as follows:
Voting procedures: Absentee ballot application forms sent to all registered voters in the primary election. The absentee voting period was extended to open on April 23.
Click the gray bar below for more detailed information.
October 21, 2020: State supreme court upholds law barring election officials from sending absentee/mail-in ballots to applications who omitted information
On October 21, 2020, the Iowa Supreme Court upheld an Iowa law barring county election officials from sending absentee/mail-in ballots to voters who omitted information on their ballot application forms.[81]
An Iowa law, enacted this summer, requires county election administrators to contact applicants directly to obtain required information missing from their absentee/mail-in ballot applications. Election officials cannot fill in missing information using the state's voter registration system, as they could under the previous law governing the absentee/mail-in ballot application process.[81]
The plaintiffs – the League of United Latin American Citizens of Iowa and Majority Forward – sued Secretary of State Paul Pate (R), alleging that the new law constituted a "severe burden on the right to vote."[81]
By a 4-3 vote, the state supreme court ruled in favor of Pate. In an unsigned per curiam opinion, the majority wrote, "[We] are not persuaded the statute imposes a significant burden on absentee voters. It is not a direct burden on voting itself. … Indeed, the plaintiffs offer no evidence that the challenged statute will in fact deny any Iowan the right to vote by absentee ballot." Justices Thomas Waterman, Edward Mansfield, Christopher McDonald, and Matthew McDermott formed the majority.[81]
Justice Dana Oxley wrote the following in a dissenting opinion: "After carefully reviewing the evidence in the record about the likelihood that thousands of Iowans will not receive their requested absentee ballot in time to vote because of the cumbersome new process put in place by the legislature during the heart of the pandemic ...I conclude the plaintiffs have shown a likelihood of success on the merits[.]" Chief Justice Susan Christensen and Justice Brent Appel joined Oxley's dissent.[81]
October 6, 2020: State supreme court stays lower court order allowing counties to send pre-filled absentee/mail-in ballot applications
On October 6, 2020, the Iowa Supreme Court stayed a state court's order that had allowed county election officials to send pre-filled absentee/mail-in ballot request forms to voters. As a result, Secretary of State Paul Pate's directive barring counties from sending pre-filled forms remained in force. Chief Justice Susan Christensen issued the stay order, which was joined by the full court.[82]
October 5, 2020: State judge allows counties to send absentee/mail-in ballot applications with pre-filled information
On October 5, 2020, Judge Robert Hanson, of the Polk County District Court, issued an order allowing counties to send voters absentee/mail-in ballot applications with pre-filled personal information. In doing so, Hanson stayed an executive directive by Secretary of State Paul Pate (R) that had barred the practice.[83]
September 25, 2020: Counties authorized to begin processing absentee/mail-in ballots ahead of Election Day
On September 25, 2020, Iowa legislators approved an emergency directive, requested by Secretary of State Paul Pate (R), authorizing counties to begin processing absentee/mail-in ballots on October 31, 2020, the Saturday before Election Day. Processing entails opening sealed envelopes and removing the secrecy envelopes within that contain the actual ballots.[84]
July 17, 2020: Iowa to mail absentee ballot applications to all active registered voters in the November 3, 2020, general election
On July 17, 2020, Iowa Secretary of State Paul Pate (R) announced that absentee ballot application forms would be sent automatically to all active registered voters in the November 3, 2020, general election.[85][86]
June 25, 2020: Governor signs legislation barring secretary of state from mailing absentee ballot request forms to all voters without legislative approval
On June 25, 2020, Governor Kim Reynolds (R) signed HF2486 into law, barring the secretary of state from mailing absentee ballot request forms to all voters without first obtaining approval from the state legislature. The legislation also barred county officials from decreasing the number of polling places by more than 35 percent during an election. The full text of the legislation can be accessed here.[87]
March 31, 2020: Iowa to mail absentee ballot applications to all active registered voters in the June 2, 2020, primary election
On March 31, 2020, Iowa Secretary of State Paul Pate (R) announced that his office would send absentee ballot applications to all active registered voters in the state in advance of the June 2, 2020, primary election. Forms were set to be mailed to voters in mid-to-late April.[88]
March 23, 2020: Iowa extends absentee voting period for June 2, 2020, primary election
On March 23, 2020, Secretary of State Paul Pate (R) announced that absentee voting in the June 2, 2020, primary election would open on April 23, 2020, 40 days before the primary election. The absentee voting period generally opens 29 days prior to the date of an election.[89]
March 20, 2020: Iowa postpones three special municipal elections to July 7, 2020
On March 20, 2020, Secretary of State Paul Pate (R) announced the postponement of three special municipal elections to July 7, 2020:[90]
Black Hawk County: City of Cedar Falls special election
Plymouth County: City of Craig special election
Woodbury County: County Board of Supervisors special election
Kansas
General election changes
Kansas did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Kansas were modified as follows:
Political party events: The Democratic Party of Kansas canceled in-person voting in its presidential preference primary, originally scheduled to take place on May 2, 2020. Voting instead took place by mail. The receipt deadline for mail-in ballots was May 2.
Click the gray bar below for more detailed information.
March 30, 2020: Kansas Democrats opt to conduct presidential preference primary election entirely by mail
On March 30, 2020, the Democratic Party of Kansas announced that its presidential primary, originally scheduled for May 2, 2020, would be conducted entirely by mail. The following deadlines were set:[91]
March 30, 2020: Ballots mailed to all registered Democrats
April 7, 2020: Ballots mailed to recently registered Democrats
April 24, 2020: Deadline for requesting a ballot
May 2, 2020: Deadline for receiving completed ballots
The complete press release announcing the change is presented below.
“
Topeka, KS – Due to the COVID-19 pandemic, the DNC has approved the following changes to the Kansas Democratic Party’s 2020 Primary Election schedule to ensure a safe and fair electoral process. To best protect the safety of all Kansas Democrats during this uncertain time, the 2020 Primary will be conducted completely by mail, there will be NO IN-PERSON VOTING on May 2, 2020.
Over ten percent of the polling locations originally secured as in-person sites have independently cancelled their contract with the KDP due to safety concerns about in-person voting and the novel coronavirus. The KDP recognizes that this is a significant change to the electoral process but remains confident that the mail-in ballot process will ensure all Kansas Democrats have the ability to make their voices heard during this important election. We will continue working with our county and local affiliates along with the press to reach voters across Kansas and inform them of new dates and deadlines.
To adapt to these changes, the KDP has introduced a supplemental mailing for ballots, extended the deadline to request a mail-in ballot and introduced a “received by” deadline for ballots. The KDP is continuing to advise those interested in participating in the 2020 Primary to register as a Democrat as soon as possible through www.ksvotes.org to make sure they are automatically mailed a ballot.
The complete vote-by-mail schedule as of March 27, 2020 is as follows:
On March 30, 2020, all registered Democrats in Kansas will automatically be mailed an official 2020 Democratic Presidential Primary ballot, along with a secrecy sleeve and return envelope to enclose and return their ballot. Ballots are pre-paid and do not require a stamp.
On April 7, 2020, the Kansas Democratic Party will send a supplemental ballot mailing to recently-registered Democrats who were not included in the March 30th mailing. Ballots are pre-paid and do not require a stamp.
If you are a registered Democrat and have not received your ballot by April 10, 2020,** you can request another mail-in ballot until April 24, 2020 by calling the KDP office or filling out an online form at: https://kansasdems.org/request-mail-ballot.
Note: The mail-in ballot request form will not be available online until April 10, 2020 to ensure adequate time for ballots to be delivered by mail.
Voters should follow the instructions included with their ballots and mail their ballot so that it is received by May 2, 2020.
The KDP will begin processing ballots as they are received at our headquarters. The KDP will plan on releasing results as soon as they are available through our website, social media channels and to the press.
In response to these preventative measures, Vicki Hiatt, Chair of the Kansas Democratic Party released the following statement:
“Removing our in-person voting locations for the 2020 Primary was an extremely difficult decision to make but the unprecedented gravity of COVID-19 has required significant changes to our operations to ensure the safety of all Kansans during this electoral process. The KDP maintains its commitment to a fair and transparent election and I want to assure all concerned Kansans that we are doing everything possible to make sure their voices are heard in the 2020 Primary. Kansas was already well-positioned for this pandemic due to our vote-by-mail component and we are confident that the changes we have made to our schedule will expand the accessibility of this process for all voters who would like to participate in the 2020 Primary election.”
Please note: the KDP is only directing the 2020 Democratic Presidential Primary. We cannot comment on the operations of any other elections but will work closely with the Kansas Secretary of State’s office as needed to educate our members about the voting procedures for following elections.[7]
”
Kentucky
General election changes
Kentucky modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee/mail-in voting eligibility was extended to all voters "concerned with contracting or spreading COVID-19."
Primary election changes
Kentucky modified its primary election process as follows:
Election postponements: The primary election was postponed from May 19, 2020, to June 23.
Voting procedures: Absentee voting eligibility was extended to all voters in the primary election.
Click the gray bar below for more detailed information.
August 14, 2020: Governor, secretary of state announce changes for November 3, 2020, general election
On August 14, 2020, Governor Andy Beshear (D) and Secretary of State Michael Adams (R) announced the following changes for the November 3, 2020, general election:[92][93]
Absentee/mail-in voting:
"Kentuckians concerned with contracting or spreading COVID-19 can request a ballot by mail."
"An online portal will launch within the week to allow Kentuckians to request a ballot by mail. Ballots can be requested through the portal through Oct. 9, and through traditional means after."
"Mail ballots must be postmarked by Election Day, Nov. 3, and received by Nov. 6."
"Drop boxes will be available for Kentuckians to return their mail ballots if they are concerned about postal delays. County clerks will determine these locations."
Early voting:
"Beginning Oct. 13, three weeks before the election, every work day between Oct. 13 and Election Day, and every Saturday for at least four hours, every county clerk will provide a location for safe in-person voting."
"Early voting is not absentee voting – anyone can vote early for any reason."
Election Day voting:
"County election officials will decide election sites on Election Day. The State Board of Elections, Secretary of State and Governor will approve each plan."
"Every county will have at least one voting super-center, where everyone from the county can go to vote, regardless of his or her precinct."
Voter identification:
"Kentuckians who were unable to get a driver’s licenses or photo ID due to the pandemic because their clerk’s office was closed, or because they were afraid of exposing themselves to COVID-19, can sign a document explaining this concern and cast their ballot."
April 24, 2020: Kentucky extends absentee voting eligibility to all voters in the June 23, 2020, primary
On April 24, 2020, Governor Andy Beshear (D) issued an executive order directing "all Kentuckians [to] utilize absentee voting by mail for the June 23, 2020, primary election if they are able to do so." Under normal circumstances, absentee voting in Kentucky is restricted to those voters meeting select eligibility criteria. Beshear's order effectively suspended those eligibility requirements for the June 23, 2020, primary. Beshear also directed the state board of elections to do the following:[94]
"Create a secure online portal that will allow voters to request that the absentee ballot be mailed to them"
"Send a postcard to each registered voter informing voters of the ability, and the process, to vote absentee by mail in the June 23, 2020, primary election"
"Ensure the safety of county clerks and poll workers when direct voting (not by mail) is necessary" by doing the following
"Permitting in-person absentee voting to begin June 8, 2020"
"Directing clerks to prioritize such voters by appointment"
"Providing adequate personal protective equipment (PPE) and materials to assist in proper sanitization to clerks and poll workers"
"Instructing county clerks to implement procedures that limit direct contact between individuals, whether poll workers of voters."
March 16, 2020: Kentucky postpones primary election to June 23, 2020
On March 16, 2020, Kentucky Secretary of State Michael Adams (R) announced the postponement of Kentucky's primary election. In a video announcing the postponement, Adams said, "Today, Governor [Andy] Beshear and I agreed to delay the primary election originally scheduled for May 19 to June 23." Adams made the recommendation pursuant to Section 39A.100 of the Kentucky Revised Statutes, which provides for the postponement of elections by up to 35 days upon the recommendation of the secretary of state and the executive order of the governor when a state of emergency has been declared for all or part of an election area. Beshear declared a state of emergency on March 6, 2020, following the announcement of the first positive case of COVID-19 in the state.[95][96]
Louisiana
General election changes
Louisiana modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The absentee ballot application used in the general election included COVID-19 specific reasons for requesting an absentee ballot.
Candidate filing procedures: The candidate qualifying deadline was extended to July 24, 2020. The deadline by which a ballot-qualified party must notify the state of its presidential nominee was extended from August 18, 2020, to August 25, 2020.
Primary election changes
Louisiana modified its primary election process as follows:
Election postponements: The presidential preference primary was postponed from April 4, 2020, to July 11, 2020.
Click the gray bar below for more detailed information.
September 16, 2020: Federal judge orders state officials to extend absentee voting eligibility in the general election to select COVID-19-impacted individuals
On September 16, 2020, Chief Judge Shelly Deckert Dick, of the U.S. District Court for the Middle District of Louisiana, ordered Louisiana election officials to make available to voters in the November 3, 2020, general election the same COVID-19 absentee ballot application used in the state's summer elections. This application offered COVID-19-specific reasons for requesting an absentee ballot, extending eligibility to the following individuals: those at higher risk because of serious medical conditions, those subject to a "medically necessary quarantine or isolation order," those advised by a health provider to self-quarantine, those experiencing symptoms of COVID-19 and seeking a medical diagnosis, and those caring for an individual who is subject to a quarantine order and has been advised to self-quarantine.[97][98]
June 11, 2020: Certification deadline for presidential candidates extended to August 25, 2020
On June 11, 2020, Governor John Bel Edwards (D) signed HB167 into law, extending the deadline by which a ballot-qualified party must notify the state of its presidential nominee from August 18, 2020, to August 25, 2020. The full text of the bill can be accessed here.[99][100]
June 5, 2020: Candidate qualifying deadline extended to July 24, 2020
On June 5, 2020, Governor John Bel Edwards (D) signed HB751 into law, extending the candidate qualifying deadline for the November 3, 2020, election to July 24, 2020.[101]
April 14, 2020: Louisiana postpones presidential preference primary a second time
On April 14, 2020, Governor John Bel Edwards (D) issued Proclamation Number 46 JBE2020, postponing the state's presidential preference primary election to July 11, 2020. The absentee ballot request deadline was extended to July 7, 2020. The return deadline for absentee ballots was extended to July 10, 2020. The primary, originally scheduled to take place on April 4, 2020, had initially been postponed to June 20, 2020. The full text of Edwards' proclamation can be accessed here.
March 13, 2020: Louisiana postpones presidential preference primary
On March 13, 2020, Louisiana Secretary of State Kyle Ardoin (R) announced that the state's presidential preference primary, originally scheduled for April 4, 2020, would instead be held on June 20, 2020. Ardoin's office released the following statement:[102]
“
BATON ROUGE, La. –Today, Secretary of State Kyle Ardoin held a press conference to address the postponement of elections due to COVID-19.
The health and safety of Louisiana residents is critical, and we want to do our part to prevent the spread of this highly infectious disease. One key stakeholder in our decision is our election day polling commissioners. Over half of Louisiana’s polling commissioners are over the age of 65, and the CDC warns that the older adults; people who have serious chronic medical conditions such as: heart disease, diabetes or lung disease are the people most at risk for serious illness from COVID-19.
Louisiana law allows for the postponement of an election due to an emergency or common disaster occurring before or during a regularly scheduled or special election, and today Secretary Ardoin exercised that option. “Today, I have certified that a state of emergency exists, and requested that the Governor issue an executive order postponing the spring elections” Secretary Ardoin said Friday, “We have requested postponing the April 4 Presidential Preference Primary and Municipal Primary until June 20 and postponing the May 9 General election until July 25.”
The 2-month delay will allow our office to continue to procure necessary supplies to put our state in the best possible posture to conduct elections. Attached is the emergency certification sent to Governor John Bel Edwards.
Listed below are a few of the CDC recommendations for elections and election officials we are recommending and following:
Stay at home if you have fever, respiratory symptoms, or believe you are sick.
Practice hand hygiene frequently: wash hands often with soap and water for at least 20 seconds. If soap and water are not readily available, use an alcohol-based hand sanitizer that contains at least 60% alcohol.
Practice routine cleaning of frequently touched surfaces with household cleaning spray or wipe: including tables, doorknobs, light switches, handles, desks, toilets, faucets, sinks, etc.
Disinfect surfaces that may be contaminated with germs after cleaning: A list of products with EPA-approved emerging viral pathogens claims is available at
Products with EPA-approved emerging viral pathogens claims are expected to be effective against the virus that causes COVID-19 based on data for harder to kill viruses. Follow the manufacturer’s instructions for all cleaning and disinfection products.
The April 4 Presidential Preference Primary and Municipal Primary election will be held on June 20. Early Voting will be conducted June 6 through June 13 (excluding Sunday, June 7).
The May 9 Municipal General election will be held on July 25. Early Voting will be conducted July 11 through July 18 (excluding Sunday, June 12).[7]
”
Maine
General election changes
Maine modified its voter registration procedures for the November 3, 2020, general election as follows:
Voter registration: The voter pre-registration deadline in the general election was extended to October 19, 2020.
Primary election changes
Maine modified its primary election process as follows:
Election postponements: The primary election was postponed from June 9, 2020, to July 14.
Voting procedures: The voter pre-registration deadline was extended to July 7.
Political party events: The Democratic Party of Maine canceled its state convention, originally scheduled for May 29-30.
Click the gray bar below for more detailed information.
August 27, 2020: Governor issues executive order extending voter pre-registration deadline
On August 27, 2020, Governor Janet Mills (D) signed an executive order extending the mail-in voter registration deadline from October 13, 2020, to October 19, 2020. The order also authorized municipalities to begin counting absentee ballots up to seven days before November 3, 2020. The full text of Mills' order can be accessed here.[103]
June 3, 2020: Governor issues executive order extending voter pre-registration deadline
On June 3, 2020, Governor Janet Mills (D) issued an executive order extending the voter pre-registration deadline in the July 14, 2020, election to July 7, 2020. The full text of the executive order can be accessed here.[104]
April 10, 2020: Governor postpones primary to July 14, 2020
On April 10, 2020, Governor Janet Mills (D) issued Executive Order No. 39 FY 19/20, postponing Maine's statewide primary election, originally scheduled for June 9, 2020, to July 14, 2020. The deadline for unaffiliated candidates to file their petitions with the secretary of state, originally scheduled for June 1, 2020, was extended to July 1, 2020. Mills' order also allowed extended the absentee ballot application deadline to July 14, 2020. The full text of the executive order can be accessed here.[105]
April 3, 2020: Democratic Party of Maine cancels state convention
On April 3, 2020, the Democratic Party of Maine canceled its state convention, originally scheduled for May 29-30, 2020. The party opted instead to elect delegates to the national convention remotely.[106]
Maryland
General election changes
Maryland modified its absentee/mail-in and candidate filing procedures, early voting, and polling places for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee/mail-in ballot request forms sent to all qualified voters in the general election. The return deadline for absentee/mail-in ballot requests was October 20, 2020.
Candidate filing procedures: The petition signature requirement for obtaining party status for the Green and Libertarian parties was reduced from 10,000 to 5,000 signatures. The nomination petition signature requirement for unaffiliated candidates was reduced by 50 percent.
Early voting: An early voting period ran from October 26, 2020 through November 2, 2020.
Polling places: All early voting centers and Election Day polling locations were open on November 3, 2020. The Maryland State Board of Elections operated a limited number of centralized voting centers in lieu of precinct polling places for in-person voting in the general election.
Primary election changes
Maryland modified its primary election process as follows:
Election postponements: The primary election was postponed from April 28, 2020, to June 2.
Voting procedures: The primary election was conducted largely by mail.
Click the gray bar below for more detailed information.
August 12, 2020: State board of elections approves early voting period for general election
On August 12, 2020, the state board of elections voted to conduct early voting from October 26, 2020, through November 2, 2020, at approximately 80 voting centers statewide. The board also announced its intention to make at least 127 ballot drop-boxes for absentee/mail-in ballots available statewide.[107]
August 10, 2020: Governor authorizes state board of elections to use centralized voting centers in lieu of precinct polling places
On August 10, 2020, Governor Larry Hogan (R) issued an executive order authorizing the Maryland State Board of Elections to operate a limited number of centralized voting centers in lieu of precinct polling places for in-person voting in the November 3, 2020, general election. The state board of elections announced that approximately 350 vote centers would be operational on Election Day.[108][109]
August 5, 2020: State board of elections sets absentee/mail-in ballot request deadline for general election
On August 5, 2020, the Maryland State Board of Elections set October 20, 2020, as the deadline for return of all absentee/mail-in ballot applications.[110]
July 20, 2020: Federal judge orders reduction in nomination petition signature requirement for unaffiliated candidates
On July 20, 2020, Judge Richard Bennett, of the United States District Court for the District of Maryland, ordered that the nomination petition signature requirement for unaffiliated candidates be reduced by 50 percent. The order came as the result of a settlement reached by the plaintiff, Amber Ivey, and the defendant, Linda Lamone (state election administrator).[111]
July 8, 2020: Governor orders state board of elections to send mail-in ballot request forms to all voters in the November 3, 2020, general election
On July 8, 2020, Governor Larry Hogan (R) ordered the state board of elections to send absentee/mail-in ballot request forms automatically to all qualified voters in the November 3, 2020, general election. Hogan also ordered that all early voting centers and all Election Day polling locations be open on November 3, 2020, to accommodate voters who decide to cast their ballots in person.[112]
June 19, 2020: Petition signature requirement for party status reduced to 5,000
On June 19, 2020, the Maryland State Board of Elections and the Green Party of Maryland reached a settlement in Maryland Green Party v. Hogan. Under the terms of the settlement, the petition signature requirement for obtaining party status for the Green and Libertarian parties was reduced from 10,000 to 5,000 signatures. The terms of the settlement applied only to 2020.[113][114]
April 13, 2020: Maryland authorizes limited in-person voting in special 7th Congressional District election
On April 13, 2020, the Maryland State Board of Elections authorized limited in-person voting in the special election for Maryland's 7th Congressional District. The board of elections voted to limit access to in-person voting to those who could not vote by mail.[115]
April 10, 2020: Maryland to conduct June 2 primary election largely by mail
On April 10, 2020. Governor Larry Hogan (R) issued a proclamation directing election officials to conduct the June 2, 2020, primary election largely by mail. Hogan also ordered that at least one in-person voting center per county be open to accommodate voters unable to vote by mail. Hogan had previously called on the Maryland State Board of Elections to submit a plan for conducting the June 2, 2020, election. That plan, submitted to the governor of April 3, 2020, can be accessed here. The governor's April 10, 2020, proclamation can be accessed here.[116]
March 17, 2020: Maryland postpones primary election
On March 17, 2020, Governor Larry Hogan (R) announced that Maryland's primary election, originally scheduled for April 28, 2020, would be postponed to June 2, 2020. Hogan said, "It would endanger public health to allow thousands of people to assemble … and it would put Marylanders at risk. I am directing the state board of elections to develop a comprehensive plan by April 3 to conduct the primary election in a way that protects public health and preserves the integrity of the democratic process in our state." Hogan also announced that the special election for Maryland's 7th Congressional District would proceed as scheduled using a vote-by-mail system. Maryland state law permits the governor to postpone elections and alter administration procedures without legislative approval.[117][118]
The full text of Hogan's proclamation postponing can be accessed here.
Massachusetts
General election changes
Massachusetts modified its absentee/mail-in procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee/mail-in voting eligibility was extended to all qualified voters in the general election.
Primary election changes
Massachusetts modified its primary election process as follows:
Voting procedures: Mail-in ballot applications to all voters in the state's September 1 primary election.
Click the gray bar below for more detailed information.
July 14, 2020: Mail-in ballot applications to be sent automatically to all voters in the fall primary election
On July 14, 2020, a spokesperson for Secretary of the Commonwealth William Galvin (D) confirmed that his office was proceeding with plans to send mail-in ballot applications to all voters in the state's September 1, 2020, primary election.[119]
July 6, 2020: Governor signs bill extending absentee/mail-in voting eligibility to all qualified voters in the fall primary, general elections
On July 6, 2020, Gov. Charlie Baker (R) signed into law legislation extending vote-by-mail eligibility in the fall primary and general elections to all qualified voters. The law also established an in-person early voting period for both the primary and general elections (August 22-28 for the primary, and October 17-30 for the general election).[120]
On April 17, 2020, the Massachusetts Supreme Judicial Court issued an order extending the candidate filing deadlines for district and county races to May 5, 2020, and June 2, 2020, respectively. The high court reduced candidate petition signatures requirements to 50 percent of their statutory requirements. The court also authorized candidates to collect petition signatures electronically. Chief Justice Ralph Gants penned the court's unanimous opinion. Justice Scott Kafker wrote a concurring opinion.[121]
March 23, 2020: Massachusetts lawmakers order postponement of four special state legislative elections
On March 23, 2020, the Massachusetts General Court ordered the postponement of four special state legislative elections, originally scheduled for March 31, 2020:[122][123]
March 23, 2020: Massachusetts authorizes postponement of municipal elections, expands absentee voting eligibility
On March 23, 2020, Governor Charlie Baker (R) signed S2608 into law, authorizing municipalities to postpone any elections originally scheduled to take place prior to May 30, 2020, to any date on or before June 30, 2020. The legislation also extended absentee voting eligibility to "any person taking precaution related to COVID-19 in response to a declared state of emergency or from guidance from a medical professional, local or state health official, or any civil authority" for elections held or before June 30, 2020. The full text of the legislation is provided below.[124]
“
SECTION 1. (a) Notwithstanding section 9 of chapter 39, sections 26 and 28 of chapter 51 and chapters 53 and 54 of the General Laws or any other general or special law or by-law to the contrary, any city or town with any municipal caucus or annual or special municipal election scheduled between the effective date of this act and May 30, 2020, may postpone such municipal caucus or municipal election in accordance with this act.
The select board, town council, board of registrars or city council of the city or town may vote on any day prior to the date of their scheduled municipal caucus or municipal election to postpone the municipal caucus or municipal election to a date certain on or before June 30, 2020. Such rescheduled caucus or election shall be held in accordance with all applicable election laws except as otherwise provided in this act.
(b) The select board, town council or city council of a city or town postponing a municipal caucus or municipal election pursuant to this act shall, following consultation with the local election official and the chief operating officer of the municipality as to logistics and feasibility, vote to reschedule the municipal caucus or municipal election. A copy of this act, the vote of the select board, town council or city council and a sample ballot shall be placed on the official municipal website not later than 20 days before the date to which the rescheduled caucus or election has been postponed. Notice of such action shall be provided to the public in other ways reasonably calculated to enable eligible voters to learn of the rescheduled election date and to cast ballots therein. The notice may include, but shall not be limited to, a “reverse-911” call, municipal list-serve notifications, advertisement on local cable television or issuance of a press release sent to local news media.
(c) Consistent with section 107 of chapter 41 of the General Laws, an incumbent elected official whose term would have expired at a municipal annual town election if the election was not postponed pursuant to this act shall continue to serve in the official’s position until a successor is elected and qualified.
(d) If this act does not take effect until after the date of a scheduled municipal caucus or municipal election during the state of emergency declared by the governor pursuant to executive order 591, Declaration of a State of Emergency to Respond to COVID-19, the actions of the board of selectmen, town council, city council and local election officials to postpone a municipal caucus or municipal election shall be ratified, validated and confirmed as if this act had been in place prior thereto.
SECTION 2. The last day to register to vote for any annual or special municipal or state election postponed pursuant to this act or otherwise postponed in response to COVID-19 shall be 10 days before the date to which the rescheduled election has been postponed; provided, however, that the board of registrars shall hold a registration session on that date not less than from 2 PM to 4 PM and from 7 PM to 8 PM. The voting list to be used at such rescheduled election shall include all eligible voters registered as of that date.
SECTION 3. The caucus or election materials, including, but not limited to, absentee and official ballots, prepared for a municipal caucus or any annual or special municipal or state election postponed pursuant to this act or otherwise postponed in response to COVID-19 and bearing that date shall be used for the rescheduled caucus or election to the extent practicable. If additional ballots are required to be printed, the ballots shall be identical in form to those prepared for the original caucus or election.
SECTION 4. Absentee ballots cast in connection with the original election date for any annual or special municipal or state election postponed pursuant to this act or otherwise postponed in response to COVID-19, whether returned before the original election or otherwise, and received by the local election official before the close of polls on the date of the rescheduled election, shall be processed in accordance with applicable law; provided, however, that any voter who chooses to vote in person on the date of the rescheduled election may do so if their absentee ballot has not yet been counted. Completed applications to vote by absentee ballot in the rescheduled election shall be accepted by the board of registrars until 12:00 noon on the last business day before the rescheduled election.
For an election held on or before June 30, 2020 any person taking precaution related to COVID-19 in response to a declared state of emergency or from guidance from a medical professional, local or state health official, or any civil authority shall be deemed to be unable by reason of physical disability to cast their vote in person at a polling location.[7]
”
Michigan
General election changes
Michigan modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee ballot applications were sent to all registered voters in the general election.
Primary election changes
Michigan modified its primary election process as follows:
Candidate filing procedures: The petition signature requirements for select primary candidates was reduced to 50 percent of their statutory requirements. The filing deadline was extended from April 21 to May 8.
Voting procedures: Absentee ballot applications sent automatically to all registered voters in the primary election.
Political party events: The Democratic Party of Michigan canceled its state convention, originally scheduled for March 21, 2020.
Click the gray bar below for more detailed information.
October 29, 2020: State appeals court affirms lower court order blocking directive barring individuals from openly carrying firearms near polling places
On October 29, 2020, a three-judge panel of the Michigan Court of Appeals affirmed a lower court's decision that suspended Secretary of State Jocelyn Benson's (D) order prohibiting the open carry of firearms in or near polling places.[125]
Judges Patrick Meter, Michael Gadola, and Brock Swartzle were unanimous in their decision, finding that existing law prohibits voter intimidation: "Anyone who intimidates a voter in Michigan by brandishing a firearm or, for that matter, by threatening with a knife, baseball bat, fist, or otherwise menacing behavior, is committing a felony under existing law."[125]
Attorney General Dana Nessel (D) filed an emergency appeal of the decision with the Michigan Supreme Court.[126]
October 27, 2020: State judge blocks directive barring individuals from openly carrying firearms near polling places
On October 27, 2020, Michigan Court of Claims Judge Christopher Murray issued an order blocking Secretary of State Jocelyn Benson's (D) directive barring individuals from openly carrying firearms near polling places on Election Day.[127]
On October 16, 2020, Benson directed county officials that the "open carry of a firearm is prohibited in a polling place, in any hallway used by voters to enter or exit, or within 100 feet of any entrance to a building in which a polling place is located." Benson said, "The presence of firearms at the polling place, clerk’s office(s), or absent voter counting board may cause disruption, fear, or intimidation for voters, election workers, and others present.[128]
Several groups – including Michigan Open Carry, Michigan Gun Owners and Michigan Coalition for Responsible Gun Owners – sued Benson, arguing that her directive was "conjured without any legal basis or authorization under Michigan law."[129]
Murray sided with the plaintiffs. Murray found that Benson had likely violated the state's Administrative Procedures Act, which requires agencies to follow formal rulemaking processes when implementing regulations. Murray said, "[To] not enjoin a directive that is very likely unlawful would allow a single state officer to circumvent (and essentially amend) a valid and enforceable state law on the same subject. This is certainly not in the public interest, which expects its public officials to follow the rule of law."[127]
Attorney General Dana Nessel (D) said her office would appeal the decision to the Michigan Court of Appeals.[129]
October 16, 2020: State appellate court reverses lower court order extending absentee/mail-in ballot receipt deadline
On October 16, 2020, a three-judge panel of the Michigan Court of Appeals reversed a lower court order that had extended the receipt deadline for absentee/mail-in ballots. The appellate panel reinstated the original receipt deadline: 8 p.m. on November 3, 2020.[130]
On September 18, 2020, Judge Cynthia Stephens, of the Michigan Court of Claims, extended the absentee/mail-in ballot receipt deadline to November 17, 2020, for ballots postmarked on or before November 2, 2020. Stephens also authorized voters to allow anyone of their choosing to return their ballots between 5:01 p.m. on October 30, 2020, and the close of polls on Election Day.[131]
The state legislature appealed Stephens' decision to the appellate court. The three-judge panel – including Judges Thomas Cameron, Mark Boonstra, and Michael Gadola – ruled unanimously in the legislature's favor. Writing for the court, Cameron said, "The fact that the Legislature drafted the statutes without accounting for USPS deadlines does not mean the statutes are unconstitutional as applied. Where [voters] retain other options for delivering their completed ballots, they have not lost their constitutional right to vote absentee."[130]
In response to the ruling, Secretary of State Jocelyn Benson (D) suggested that voters mail their ballots by October 19, or hand-deliver them after that date, in order to ensure that election officials receive them by the 8 p.m. deadline on November 3, 2020.[132]
September 18, 2020: State court issues ruling extending absentee/mail-in ballot receipt deadline for the general election
On September 18, 2020, Judge Cynthia Stephens, of the Michigan Court of Claims, issued a ruling extending the absentee/mail-in ballot receipt deadline to November 17, 2020, for ballots postmarked on or before November 2, 2020. Stephens also authorized voters to allow anyone of their choosing to return their ballots between 5:01 p.m. on October 30, 2020, and the close of polls on November 3, 2020. The full text of Stephens' ruling can be accessed here.[131]
May 19, 2020: All registered voters in August 4, 2020, and November 3, 2020, elections to receive mail-in ballot applications automatically
On May 19, 2020, Michigan Secretary of State Jocelyn Benson (D) announced that all registered voters in the August 4, 2020, primary and November 3, 2020, general election would receive mail-in ballot applications automatically. The full press release announcing the policy change can be accessed here.[133]
May 5, 2020: Federal appeals court partially overturns lower court order modifying candidate filing procedures
On May 5, 2020, the United States Court of Appeals for the Sixth Circuit ruled that a district court judge who ordered modifications to Michigan's candidate filing procedures had erred in doing so. Although the appeals court agreed that the original requirements were unconstitutional, it found that the lower court had exceeded its authority in mandating new requirements to the state. The appeals court directed the state "to select its own adjustments so as to reduce the burden on ballot access, narrow the restrictions to align with its interest, and thereby render the application of the ballot-access provisions constitutional under the circumstances."[134][135]
On May 8, 2020, state authorities announced that they would abide by the requirements laid out in the district court's original ruling. Jake Rollow, a spokesman for the Michigan Department of State, said, "As the district court declined to amend its order, and with the revised filing deadline today, May 8, the best course of action to reduce further uncertainty in advance of the rapidly approaching August elections is to maintain the procedures that have been in place for the last two and a half weeks."[136]
April 20, 2020: Federal judge modifies filing procedures for primary election candidates
On April 20, 2020, Judge Terrence Berg, of the United States District Court for the Eastern District of Michigan, issued an order reducing the petition signature requirements for select primary candidates to 50 percent of their statutory requirements. Berg also extended the filing deadline from April 21, 2020, to May 8, 2020, and directed election officials to develop procedures allowing for the collection and submission of electronic petition signatures. Berg's order applied only to candidates for offices without a filing-fee option: U.S. Senate, U.S. Congress, and judicial offices. The order did not apply to state legislative candidates, who have the option to obtain ballot access by paying a filing fee. The full text of the order can be accessed here.[137]
On April 25, 2020, Berg denied a request made by the state to stay his earlier ruling.[138]
March 23, 2020: Michigan secretary of state to send absentee ballot applications to all voters in the May 5, 2020, election
On March 23, 2020, Michigan Secretary of State Jocelyn Benson (D) announced that her office would mail absentee ballot applications to all voters in local elections scheduled for May 5, 2020. The press release announcing this change is presented below.[139]
“
LANSING, MICH. Secretary of State Jocelyn Benson announced today that absent voter ballot applications will be mailed by her office to all voters in the May 5 election to help ensure both public health and democratic rights are protected.
“Our country has a long history of carrying out elections in times of crisis, and we are fortunate to have the tools to uphold that history today,” said Benson. “Voting by mail protects public health, is highly accessible, and was clearly mandated by Michiganders when they overwhelmingly voted in 2018 to amend our state constitution and afford everyone this right.”
For the past two weeks, Secretary Benson has been working with clerks across the state to determine if they need to hold an election in May, or if the entity placing the item on their ballot could postpone to August. The majority of the questions on the May ballots are school district millages and bonds, and many districts have postponed. Benson gave clerks and the entities a few more days this week to make their decision.
For the entities that do not postpone (in several cases, because existing critical funds would expire), the Bureau of Elections will mail absent voter ballot applications to all voters with postage-paid return envelopes unless those voters have already requested an absent voter ballot. The state will include a cover letter that voting by mail is the optimal way to cast a ballot due to the public health crisis. The state will assist local jurisdictions in ensuring postage-paid return envelopes are mailed to all who request ballots.
“We are also working to ensure the health and safety guidelines of our state and federal government are followed in the lead up to and administration of the May 5 election,” said Benson. “This includes working to recruit election workers to serve in all jurisdictions and providing hygiene supplies and explicit guidance on how to process absent-voter ballots and carry out other election duties while observing strict health precautions.”
Information around this outbreak is changing rapidly. The latest information is available at Michigan.gov/Coronavirus and CDC.gov/Coronavirus.[7]
”
March 11, 2020: Michigan Democrats cancel state convention
On March 11, 2020, the Democratic Party of Michigan announced the cancelation of its state convention, originally scheduled for March 21, 2020.[140]
Minnesota
General election changes
Minnesota modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The absentee/mail-in ballot postmark deadline was extended to November 3, 2020; the receipt deadline was extended to November 10, 2020. The witness requirement for absentee/mail-in ballots was suspended.
Candidate filing procedures: General election candidates were allowed to submit filing forms and petitions electronically.
Primary election changes
Minnesota modified its primary election process as follows:
Voting procedures: The absentee/mail-in ballot postmark deadline was extended to August 11 and the receipt deadline was extended to August 13. The witness requirement for absentee/mail-in ballots was suspended.
October 29, 2020: Federal appeals court suggests absentee/mail-in ballot return deadline unconstitutional
On October 29, 2020, a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit ruled 2-1 that the extension of Minnesota's absentee/mail-in ballot return deadline was likely unconstitutional "because the Secretary [of State] extended the deadline for receipt of ballots without legislative authorization." The court stopped short of invalidating the extension, however, instead directing officials to keep ballots received after November 3, 2020, separate from the others "in the event a final order is entered by a court of competent jurisdiction determining such votes to be invalid or unlawfully counted." Judges Bobby Shepherd and Steven Grasz formed the majority. Judge Jane Kelly dissented.[141]
On October 30, 2020, Secretary of State Steve Simon (D) said he would not appeal the decision immediately: "While Minnesota will comply with the Eight Circuit's ruling to segregate the ballots received after November 3. 2020, we need to emphasize that there is no court ruling yet saying those ballots are invalid. We absolutely reserve the right to make every argument after Election Day that protects voters."[142]
August 3, 2020: State settles lawsuit over absentee/mail-in voting deadlines in November 3, 2020, election
On August 3, 2020, a state district court approved a consent decree between the plaintiffs and the state defendants in LaRose v. Simon. Under the terms of the consent decree, state election officials agreed to waive the witness requirement for mail-in ballots cast in the November 3, 2020, general election. The state also agreed to count all mail-in ballots postmarked on or before November 3, 2020, and received within business days of Election Day.[143]
June 16, 2020: State settles lawsuit over absentee/mail-in voting deadlines in August 11, 2020, primary
On June 16, 2020, Minnesota Secretary of State Steven Simon agreed to a partial settlement of the claims issued against the state in LaRose v. Simon. According to the terms of the settlement, the state agreed not to enforce the witness requirement for absentee/mail-in ballots cast in the August 11, 2020, primary election. The state also agreed to suspend the Election Day receipt deadline for absentee/mail-in ballots cast in the primary, allowing for all ballots postmarked on or before Election Day and received within two days of Election Day to be counted.[144][145]
May 12, 2020: Governor signs bill allowing general election candidates to submit documents, including petitions, electronically
On May 12, 2020, Governor Tim Walz (D) signed HF3429 into law, authorizing general election candidates to submit filing forms and petitions electronically. The full text of the bill can be accessed here.[146][147]
March 18, 2020: Minnesota Republicans opt to conduct local conventions online
On March 18, 2020, the Republican Party of Minnesota announced that all local party conventions would be conducted online. The party had previously postponed local and district-level conventions through April 15, 2020.[148][149]
March 16, 2020: Minnesota Democrats opt to conduct local and district-level conventions online
On March 16, 2020, the executive committee of the Democratic-Farmer-Labor Party of Minnesota voted to conduct all local and district-level conventions online. At that time, the party had not decided on what, if any, adjustments to make to its state convention process.[150]
Mississippi
General election changes
Mississippi modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Any individual under a physician-ordered quarantine, or an individual caring for a dependent under quarantine, due to COVID-19 was eligible to vote by absentee ballot. The absentee ballot postmark deadline was extended to November 3, 2020, and the receipt deadline to November 10, 2020.
Primary election changes
Mississippi modified its primary election process as follows:
Election postponements: The Republican primary runoff election for the state's 2nd Congressional District was postponed from March 31 to June 23.
Political party events: The Republican Party of Mississippi postponed its state convention, originally scheduled for May 15-16, indefinitely.
Click the gray bar below for more detailed information.
September 18, 2020: State supreme court reverses lower court ruling that had extended absentee voting eligibility to those with pre-existing conditions that present a greater risk of severe illness due to COVID-19
On September 18, 2020, the Mississippi state supreme court revered a lower court ruling that had extended absentee/mail-in voting eligibility to individuals with "pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death." Justice Dawn H. Beam wrote the following in the court's opinion: "We find that the chancery court’s order erred to the extent it declared that Section 25-15-713(d) 'permits any voter with pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death to vote by absentee ballot during the COVID-19 pandemic.' Having a preexisting condition that puts a voter at a higher risk does not automatically create a temporary disability for absentee-voting purposes."[151]
September 2, 2020: Judge extends absentee voting eligibility to those with pre-existing conditions that present a greater risk of severe illness due to COVID-19
On September 2, 2020, Judge Denise Owens, of the Hinds County Chancery Court, ordered state officials to expand absentee voting eligibility in the November 3, 2020, general election to individuals with "pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death." The order came as the result of a lawsuit filed by the American Civil Liberties Union, ACLU of Mississippi, and Mississippi Center for Justice, Oppenheim v. Watson. Hinds denied the plaintiffs' request for an order extending absentee voting eligibility to any voter who "wishes to avoid voting in-person at a polling place due to guidance" from local, state, or federal health authorities.[152]
July 8, 2020: Governor signs legislation making changes to absentee voting procedures
On July 8, 2020, Governor Tate Reeves (R) signed HB1521 into law. The legislation extended the postmark deadline for absentee ballots to November 3, 2020, and the receipt deadline to November 10, 2020. The legislation also established that an individual under a physician-ordered quarantine, or an individual caring for a dependent under quarantine, due to COVID-19 was eligible to vote by absentee ballot.[153][154]
April 10, 2020: Mississippi Republican Party postpones state convention indefinitely
On April 10, 2020, the Republican Party of Mississippi announced the postponement of its state convention, originally scheduled for May 15-16, 2020, indefinitely.[155]
March 20, 2020: Mississippi postpones Republican primary runoff election for the state's 2nd Congressional District to June 23, 2020
On March 20, 2020, Governor Tate Reeves (R) postponed the Republican primary runoff election for the state's 2nd Congressional District, originally scheduled for March 31, 2020, to June 23, 2020. Reeves ordered that voter registration and absentee voting deadlines be adjusted in accordance with statutes.[156]
Missouri
General election changes
Missouri modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Any registered voter could cast an absentee ballot (subject to a notarization requirement) in the general election.
Primary election changes
Political party events in Missouri were modified as follows:
Political party events: The Democratic Party of Missouri made a series of changes to its state convention delegate selection process, including the cancelation of mass meetings and the postponement of congressional district conventions to May 30. The Republican Party of Missouri canceled its county caucuses.
Click the gray bar below for more detailed information.
October 22, 2020: Federal appeals court upholds law requiring mail-in ballots to be returned by mail
On October 22, 2020, the U.S. Court of Appeals for the Eight Circuit blocked a district court order that would have allowed voters to return their mail-in ballots in person. As a result, the law requiring voters to return their mail-in ballots by mail was upheld.[157]
On October 9, 2020, Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri issued an order requiring election authorities to accept mail-in ballots returned in person. However, on October 10, 2020, Wimes suspended his own order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.[158]
Secretary of State Jay Ashcroft (R) appealed Wimes' decision to the Eighth Circuit. The appellate court granted Ashcroft's request to extend the suspension of the district court's order. The court's unsigned order indicated that a full opinion was forthcoming.[157]
October 9-10, 2020: Federal judge orders election authorities to accept mail-in ballots returned in person, stays order pending appeal
On October 9, 2020, Judge Brian C. Wimes, of the U.S. District Court for the Western District of Missouri, issued an order requiring election authorities to accept mail-in ballots returned in person. In his ruling, Wimes wrote, "[Considered] alone, requiring a remote voter to put a ballot in a mailbox does not sound like a particularly arduous or severe burden. However, Defendants have presented no reasonable justification for different treatment of remote voters. On this basis, because the right to vote is at issue and the risk is total disenfranchisement even if the voter does everything right, and because the Defendants already have a scheme in place to accommodate remote ballots, the Court finds Plaintiffs likely to succeed on the merits of Count I as it relates to the manner in which remote ballots can be returned to the election authority." Wimes was appointed to the bench by President Barack Obama (D).[158]
In a statement, Secretary of State Jay Ashcroft (R) said, "I am disappointed a federal judge decided to legislate from the bench and overturn the will of the people, through their elected representatives, to have safe and secure elections. I have requested the Attorney General's office to immediately appeal the decision and request a stay." On October 10, 2020, Wimes stayed his own order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.[159]
June 4, 2020: Governor signs law expanding absentee voting eligibility in 2020 elections
On June 4, 2020, Governor Mike Parson (R) signed SB631 into law, permitting any registered voter to cast an absentee ballot in any 2020 election, subject to a notarization requirement. Individuals diagnosed with COVID-19, and those at higher risk for contracting the virus, were to be exempted from the notarization requirement.[160][161]
March 18, 2020: Missouri postpones municipal elections to June 2, 2020
On March 18, 2020, Governor Mike Parson (R) ordered the postponement of all municipal elections originally scheduled for April 7, 2020, to June 2, 2020. Parson said, "Postponing an election is not easy, but we are all in this together. We are thankful to [Secretary of State Jay Ashcroft (R)] and our 116 election authorities for their leadership, cooperation, and commitment to doing what is best for their communities during this time."[162]
March 16, 2020: Missouri Republicans cancel county caucuses
On March 16, 2020, the state executive committee of the Republican Party of Missouri voted to cancel its county caucuses. In lieu of caucuses, county central committees were scheduled to meet by phone on April 4, 2020, to vote on slates of delegates and alternate delegates to the district-level and state conventions.[163]
March 15, 2020: Missouri Democrats alter process for selecting state convention delegates
On March 15, 2020, the Democratic Party of Missouri announced a series of changes to its state convention delegate selection process. Under the party's original plan, mass meetings to elect state delegates were scheduled to take place on April 6, 2020. These delegates would then move on to the congressional district conventions, scheduled for April 30, 2020, and the state convention, scheduled for June 20, 2020. Under the revised plan, mass meetings were canceled and the congressional district conventions were postponed to May 30, 2020.[164]
Montana
General election changes
Montana modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Counties were authorized to conduct the general election entirely by mail.
Primary election changes
Montana modified its primary election process as follows:
Voting procedures: Counties were authorized to conduct the primary election entirely by mail.
Click the gray bar below for more detailed information.
August 6, 2020: Montana governor issues directive allowing counties to conduct November general election by mail
On August 6, 2020, Governor Steve Bullock (D) issued a directive permitting counties to conduct the November 3, 2020, general election entirely by mail. Bullock also authorized counties to expand early voting opportunities for the general election. The directive did not mandate that counties adopt these measures, leaving implementation to their discretion. The full text of the directive can be accessed here.[165]
May 27, 2020: Montana supreme court blocks lower court order, reinstates Election Day absentee ballot receipt deadline for June 2, 2020, primary
On May 27, 2020, the Montana Supreme Court voted 5-2 to halt a lower court order that had extended the absentee ballot receipt deadline for the June 2, 2020, primary election to June 8, 2020. Justice Beth Baker wrote the following in the court's majority opinion: "This year's all-mail-ballot primary election is a first for Montana and presents an unusual situation. Election administrators have responded swiftly to ensure that ballots were timely mailed to voters across Montana. Because those ballots include express directive that they will not be counted unless received by the 8 p.m. election-day deadline, we conclude that there is good cause to maintain the election-day deadline for this primary election in order to avoid voter confusion and disruption of election administration." The court's full opinion and order, including dissents, can be accessed here.[166][167]
May 22, 2020: State judge extends absentee ballot receipt deadline for June 2, 2020, primary election
On May 22, 2020, Judge Don Harris, of the Thirteenth Judicial District Court, issued an order extending the absentee ballot receipt deadline in the June 2, 2020, primary election to June 8, 2020, provided the ballot had a postmark of June 2, 2020, or earlier. Attorney General Tim Fox (R) appealed the decision to the state supreme court (see above).[168]
March 25, 2020: Montana governor issues directive allowing counties to conduct upcoming elections by mail
On March 25, 2020, Montana Governor Steve Bullock (D) issued a directive authorizing counties to conduct upcoming elections entirely by mail. The directive specifically provided for the following:[169]
Counties permitted, but not required, to conduct June 2, 2020, primary election by mail (opt-in deadline: April 2, 2020; deadline for making ballots available at election administrator's offices: May 4, 2020; deadline for mailing ballots: May 8, 2020)
Deadline for submitting plans to conduct school board elections entirely by mail extended to April 1, 2020
On April 6, 2020, KTVH reported that, according to the office of the secretary of state, all of Montana's counties had opted to conduct their June 2 elections entirely by mail.[170]
Nebraska
General election changes
Nebraska modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballots were sent to all registered voters in the general election.
Primary election changes
Nebraska modified its primary election process as follows:
Voting procedures: Mail-in ballots sent to all registered voters in the primary election.
Click the gray bar below for more detailed information.
August 19, 2020: Nebraska to mail early/mail-in ballot applications to all voters in advance of the November 3, 2020, general election
On August 19, 2020, Secretary of State Bob Evnen (R) announced that his office would automatically send early/mail-in ballot applications to all registered voters in the November 3, 2020, general election whose home counties had not already done so. The press release announcing the policy can be accessed here.[171]
March 26, 2020: Nebraska to mail early/mail-in ballot applications to all voters in advance of May 12, 2020, primary election
On March 26, 2020, Nebraska Governor Pete Ricketts (R) and Secretary of State Bob Evnen (R) announced that the state's May 12, 2020, primary election would proceed as scheduled, with every eligible voter receiving an early/mail-in ballot application by mail. In-person locations were expected to remain open as planned. The press release announcing this policy is presented in full below.[172]
“
LINCOLN- Secretary of State Bob Evnen and Governor Pete Ricketts confirmed today that Nebraska’s 2020 statewide primary election will take place May 12, as planned. During the Governor’s daily Covid19 response press conference Thursday, Secretary Evnen reminded voters that Nebraska is a ‘no excuse’ early ballot request state.
“Early mail-in ballot request applications are being sent to Nebraska voters by county election officials or by my office,” stated Secretary Evnen. “The application can be filled out and returned to county
elections by fax, email, or regular mail”
Here are important dates before the May 12 primary
May 1- The last day to request a mail-in ballot.
April 6 - Counties will begin mailing early voting ballots to those who have requested a mail-in ballot.
May 12 - Nebraska statewide 2020 primary election - polls will be open.
May 12 – Early ballots must be physically received by the election office by the closing of election polls.
Voters can return ballots by mail or by placing it in the secure ballot drop box outside the offices of every county. “My office in conjunction with the Nebraska Association of County Officials (NACO) is purchasing and installing ballot drop boxes for every county that currently does not have one so voters can return completed ballots if they choose not to return their ballot by mail.”
In the coming days, county election officials will be recruiting poll workers.
Many loyal, hard- working poll workers are in the critical risk age group. County election officials are looking for poll workers who are not at risk to step in to help their communities in this election. Poll workers will receive training either by virtual means or in a safe environment.
Service organizations can contract with elections offices for members volunteering to serve as poll workers. Volunteer poll workers can serve for the day as a fundraiser for their service organization.
Secretary Evnen noted, “We have purchased hygienic kits with protective mask, gloves, hand sanitizer, and disinfecting wipes to keep our poll workers and voters safe.”
If interested in serving as a poll worker call your local county election official. Contact information for County Election Officials is listed on the Secretary of State website under elections, click on County
Officials for a list or visit the website at https://sos.nebraska.gov/elections/election-officials-contactinformation.[7]
”
Nevada
General election changes
Nevada modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballots were sent to all registered voters in the general election.
Primary election changes
Nevada modified its primary election process as follows:
Voting procedures: Mail-in ballots sent to all registered voters in the primary election.
Click the gray bar below for more detailed information.
August 3, 2020: Governor signs legislation providing for mail-in ballots to be sent automatically to all voters in the November 3, 2020, general election
On August 3, 2020, Governor Steve Sisolak (D) signed AB4 into law, directing election officials to distribute mail-in ballots automatically to all active registered voters in the November 3, 2020, general election. The full text of the legislation can be accessed here.[173][174]
March 24, 2020: Nevada opts to conduct all voting in June 9, 2020, primary election by mail
On March 24, 2020, Nevada Secretary of State Barbara Cegavske (R) announced plans to conduct all voting in the June 9, 2020, primary election by mail. Cegavske also announced that at least one in-person polling location would be open in each county on the day of the election.[175]
All active registered voters automatically received an absentee ballot by mail. Upon marking their ballots, voters returned them to election officials, either in-person or using a postage-prepaid envelope. The deadline to return completed ballots (postmarked or hand-delivered) was June 9, 2020. The press release announcing this plan is presented below.[175]
“
(Carson City, NV; March 24, 2020) – Nevada Secretary of State Barbara Cegavske, in partnership with Nevada’s 17 county election officials, announces today plans to conduct an all-mail election for the June 9, 2020 primary election. All active registered voters in Nevada will be mailed an absentee ballot for the primary election. No action or steps, such as submitting an absentee ballot request application, will be required by individual voters in order to receive a ballot in the mail. Voters will be able to mark their ballot at home and then return it by mail using a postage-prepaid envelope or by dropping it off in person at a designated county location. This announcement applies only to the June 9, 2020 primary election.
Secretary Cegavske seeks to reassure voters in Nevada that their health and safety while participating in voting is paramount to state and local election officials. “Because of the many uncertainties surrounding the COVID-19 pandemic, as well as the immediate need to begin preparations for the 2020 primary election, it became necessary for me to take action regarding how the election will be conducted,” said Cegavske. “Based on extensive conversations with Nevada’s 17 county election officials, we have jointly determined that the best option for the primary election is to conduct an all-mail election.”
In order to slow the spread of the novel coronavirus, federal and state health officials have discouraged group gatherings. The training of thousands of poll workers who support Nevada’s large in-person voter effort was scheduled to begin next week. The majority of Nevada’s poll workers belong to groups that are at high-risk for severe illness from COVID-19. In order to maintain a high level of access to the ballot, while protecting the safety of voters and poll workers, the decision to conduct an all-mail primary election was made.
Even though the majority of voters will be casting a mail ballot for the June 9, 2020 primary election, the high standard Nevada has set for ensuring the security, fairness, and accuracy of elections will still be met. Deputy Secretary of State for Elections Wayne Thorley said, “The priority of the Secretary of State’s Elections Division is to ensure every eligible Nevadan has the opportunity to safely vote in the primary election and that the integrity of the election is maintained. We are working with our 17 county election officials to implement the changes necessary to successfully administer this election.”
In order to accommodate same-day voter registration, as well as assist voters who have issues with the ballot that was mailed to them, at least one in-person polling location will be available in each county for the June 9, 2020 primary election. These polling locations will be set up to ensure the safety of voters and poll workers alike. Because in-person voting opportunities will be extremely limited for the primary election, Nevadans are encouraged to register to vote now and not rely on the same-day registration process. Voters are also encouraged to confirm that their voter registration information is up-to-date, including mailing address and political party affiliation. Visit www.RegisterToVoteNV.gov to register to vote online or make updates to your existing voter record.
Voters are reminded that absentee ballots must be dropped off in person by the close of polls on Election Day, or postmarked by Election Day. Ballots that are postmarked by Election Day and received no later than seven days after the election will be counted. Additionally, if a voter fails to sign the ballot return envelope or the voter’s signature does not match the one on file with the county election official, the voter will be contacted, and the voter will have up to the seventh day after the election to make the necessary correction. It is important to understand that these statutory deadlines will result in updating vote totals and election results for up to seven days after the election. Close races may remain undecided until all ballots are counted. All counties must certify the election results no later than 10 days after the election.
For more information about the June 9, 2020 primary election, please contact the Secretary of State’s Elections Division at (775) 684-5705 or nvelect@sos.nv.gov.[7]
”
New Hampshire
General election changes
New Hampshire modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Any voter could request an absentee ballot based on concerns related to COVID-19. Voters could submit one absentee ballot application for both the primary and general elections.
Candidate filing procedures: The nomination petition signature requirements for the Libertarian Party's candidates in New Hampshire's general election was reduced by 35 percent.
Primary election changes
New Hampshire modified its primary election process as follows:
Voting procedures: Any voter may request an absentee ballot based on concerns related to COVID-19. Voters could submit one absentee ballot application for both the primary and general elections.
Click the gray bar below for more detailed information.
July 28, 2020: Federal judge orders reduction in petition signature requirement for Libertarian candidates
On July 28, 2020, Judge Joseph Laplante, of the U.S. District Court for the District of New Hampshire, ordered that nomination petition signature requirements for the Libertarian Party's candidates in New Hampshire's general election be reduced by 35 percent.[176]
July 17, 2020: Governor signs legislation modifying absentee voting procedures due to COVID-19
On July 17, 2020, Governor Chris Sununu (R) signed HB1266 into law, which formally established concern over COVID-19 as a valid reason for voting absentee in both the September 8, 2020, primary and November 3, 2020, general elections. Secretary of State William Gardner (D) and Attorney General Gordon MacDonald (R) had previously issued a memo to election officials, advising them that any voter in the primary or general elections could request an absentee ballot based on concerns related to COVID-19. The legislation also temporarily allowed voters to submit one absentee ballot application for both elections.[177]
April 10, 2020: Absentee voting eligibility expanded in response to COVID-19
On April 10, 2020, New Hampshire Secretary of State William Gardner (D) and Attorney General Gordon MacDonald (R) released a memo to election officials, advising them that any voter in the September 8, 2020, primary or November 3, 2020, general election could request an absentee ballot based on concerns related to COVID-19. An excerpt from the memo is presented below:[178]
“
It is reasonable to anticipate that voters may feel apprehension about voting in person in the September 2020 Primary and November 2020 General Elections. Voters should not have to choose between their health and exercising their constitutional right to vote. Thus, any voter who is unable to vote in person in the September 8, 2020 Primary Election or the November 3, 2020 General Election because of illness from COVID-19 or who fears that voting in person may expose himself/herself or others to COVID-19 will be deemed to come within the definition of "disability" for purposes of obtaining an absentee ballot. Any voter may request an absentee ballot for the September 2020 Primary and November 2020 General Elections based on concerns regarding COVID-19. We anticipate providing further guidance to election officials about planning for and accommodating what could be a significant increase in absentee ballots.[7]
”
New Jersey
General election changes
New Jersey modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in were ballots sent to all registered voters in the general election.
Candidate filing procedures: Candidates were allowed to collect and submit petition signatures via electronic means. The petition deadline for unaffiliated candidates for non-presidential office was postponed to July 7, 2020.
Primary election changes
New Jersey modified its primary election process as follows:
Election postponements: The primary election was postponed from June 2 to July 7.
Candidate filing procedures: Candidates were allowed to collect and submit petition signatures via electronic means.
Voting procedures: All registered, active Democratic and Republican received mail-in ballots automatically. Unaffiliated and inactive voters received mail-in ballot applications automatically.
Click the gray bar below for more detailed information.
August 28, 2020: Governor signs bills into law making modifications to absentee/mail-in voting in the general election
On August 28, 2020, Governor Phil Murphy (D) signed three bills into law, making a number of modifications to the state's absentee/mail-in voting procedures for the November 3, 2020, general election.[179]
A4475/S2580: Requires county election officials to provide for ballot drop-boxes at least 45 days before the election.
A4276/S2598: Establishes procedures by which voters can cure their ballots (i.e., correct issues that might lead to a ballot being invalidated).
A4320/S2633: Extends the ballot receipt deadline for ballots postmarked on or before Election Day to 144 hours after the close of polls on Election Day (i.e., November 9, 2020). Establishes the receipt deadline for ballots without postmarks as 48 hours after the close of polls (i.e. November 5, 2020).
August 14, 2020: New Jersey to send mail-in ballots automatically to all voters in the November 3, 2020, election
On August 14, 2020, Governor Phil Murphy (D) announced that the state would automatically send mail-in ballots to all voters in the November 3, 2020, general election. Secretary of State Tahesha Way (D) said that ballots would be mailed in the first week of October. It was also announced that all schools, many of which traditionally serve as polling sites on Election Day, would be closed to in-person instruction on November 3, 2020.[180]
May 15, 2020: Governor issues executive order providing for expanded mail-in voting in July 7, 2020, elections
On May 15, 2020, Governor Phil Murphy (D) issued Executive Order No. 144, providing for expanded mail-in voting in the July 7, 2020, elections. All registered, active Democratic and Republican voters were set to receive mail-in ballots automatically. Unaffiliated and inactive voters were set to receive mail-in ballot applications automatically. Murphy directed each county to open at least one polling place in each municipality for in-person voting. The full text of the executive order can be accessed here.[181]
April 8, 2020: Governor issues executive order postponing statewide primary election to July 7, 2020
On April 8, 2020, Governor Phil Murphy (D) issued Executive Order No. 120, postponing the statewide primary election, originally scheduled for June 2, 2020, to July 7, 2020. Murphy also postponed any other elections scheduled between May 13, 2020, and July 7, 2020, to July 7, 2020. The petition deadline for unaffiliated candidates for non-presidential office was extended to July 7, 2020. The order also extended electronic nominating petition signature provisions from Executive Order No. 105 to general election candidates. The full text of the executive order can be accessed here.[182][183]
March 19, 2020: Governor makes several changes to New Jersey election procedures via executive order
Permitting candidates to collect petition signatures electronically and submit petitions online
Postponing the following municipal elections to May 12, 2020: March 21, 2020, special election in Fire District 1 for the Township of Old Bridge and the March 31, 2020, special elections in the Township of West Amwell and Atlantic City
Postponing all school board elections scheduled for April 21, 2020, to May 12, 2020
Eliminating in-person voting for all May 12, 2020, elections and instead conducting these elections solely by mail
New Mexico
General election changes
New Mexico modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee ballot applications were sent to all registered voters in the general election.
Primary election changes
New Mexico made no changes to its primary election.
Click the gray bar below for more detailed information.
June 26, 2020: Governor signs law authorizing county clerks to mail absentee ballot applications automatically to voters in the November 3, 2020, general election
On June 26, 2020, Gov. Michelle Lujan Grisham (D) signed SB4 into law, authorizing county clerks to mail absentee ballot applications automatically to registered, mailable voters in the November 3, 2020, general election. For more information on the bill, click here.[185]
New York
General election changes
New York modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee voting eligibility in the general election was extended to any voter who was "unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public." The state launched an absentee ballot request portal.
Candidate filing procedures: The filing deadline for independent nominating petitions was extended to July 30, 2020.
Primary election changes
New York modified its primary election process as follows:
Election postponements: The presidential preference primary was postponed from April 28 to June 23.
Candidate filing procedures: Petition signature requirements for primary candidates was reduced.
Voting procedures: All votes were allowed to cast their ballots by mail in the primary election. All eligible voters were sent absentee ballot applications. The absentee ballot submission deadline was extended to June 23.
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September 18, 2020: State expands ballot curing provisions for the general election
On September 18, 2020, the League of Women Voters of New York reached a settlement agreement with state election officials over ballot curing provisions for the November 3, 2020, general election. Under the terms of the settlement, the following were established as curable issues:[186]
Unsigned affirmation envelope
Mismatch between signature on file and that on the affirmation envelope
Ballot returned without an affirmation envelope
Affirmation envelope signed by a person providing assistance but not by the voter
Affirmation envelope signed by a person other than the voter (e.g., power-of-attorney)
Affirmation envelope missing witness signature if the voter made his or her mark instead of signing
For ballots with curable issues received by officials before the day of the election, the deadline for curing defects was established as either the last day for applying for an absentee ballot, or within seven business days of the voter being notified of issues by mail, whichever is later. For ballots with curable issues received on or after Election Day, the deadline for curing defects was established as within five days of the voter being notified by mail, email, or phone. The complete terms of the settlement can be accessed here.[186]
September 8, 2020: Governor announces availability of absentee ballot return drop boxes
On September 8, 2020, Governor Andrew Cuomo (D) announced that he would sign an executive order providing for the installation of absentee ballot return drop boxes at more than 300 locations statewide.[187][188]
September 1, 2020: Governor announces launch of online portal for absentee ballot requests for the general election
On September 2, 2020, Governor Andrew Cuomo (D) announced the launch of an online absentee ballot request portal for the November 3, 2020, general election. The portal can be accessed here.[189]
August 24, 2020: Governor issues executive order directing county officials to make preparations for absentee voting
On August 24, 2020, Governor Andrew Cuomo (D) issued an executive order directing county election officials to "take concrete steps to inform voters of upcoming deadlines, be prepared for upcoming elections, and help ensure absentee ballots can be used in all elections." Specifically, Cuomo directed counties to do the following:[190]
"Send a mailing outlining all deadlines for voters by Tuesday, September 8."
"Send staffing plans and needs to the New York State Board of Elections by September 20 so BOE can assist in ensuring adequate coverage."
"Adopt a uniform clarified envelope for absentee ballots and require counties to use it."
"Count votes faster: require all objections to be made by the county board in real time, make sure that boards are ready to count votes and reconcile affidavit and absentee ballots by 48 hours after elections."
"Provide an option for New Yorkers to vote absentee in village, town, and special district elections."
August 20, 2020: Governor signs legislation altering absentee voting procedures for November 3, 2020, election
On August 20, 2020, Governor Andrew Cuomo (D) signed into law three bills making changes to the state's absentee voting procedures in the November 3, 2020, general election. The legislation extended absentee voting eligibility in that election to any voter who is "unable to appear personally at the polling place of the election district in which they are a qualified voter because there is a risk of contracting or spreading a disease causing illness to the voter or to other members of the public." The legislation also opened the absentee ballot request period immediately and set November 3, 2020, as the postmark deadline for returning completed ballots.[191]
July 1, 2020: Filing deadline for independent nominating petitions extended to July 30, 2020
On July 1, 2020, the New York State Board of Elections released a revised political calendar for the 2020 election cycle. That calendar indicated that the filing deadline for independent nominating petitions had been extended to July 30, 2020. Petitioning had previously been suspended by order of the governor.[192]
On June 7, 2020, Governor Andrew Cuomo (D) signed into law legislation extending the submission deadline for absentee ballots in the June 23, 2020, election to June 23, 2020. The press release announcing the signing can be accessed here.[193]
May 19, 2020: Federal appeals court affirms lower court decision reinstating Democratic presidential preference primary on June 23, 2020
On May 19, 2020, a three-judge panel of the United States Court of Appeals for the Second Circuit affirmed a lower court decision reinstating the Democratic presidential preference primary on June 23, 2020. The state board of elections indicated that it would not appeal the decision. The panel comprised Judges Amalya Kearse, Dennis Jacobs, and Jose Cabranes. The court said that its full opinion in this case was forthcoming.[194]
May 5, 2020: Federal judge orders New York State Board of Elections to reinstate Democratic presidential preference primary on June 23, 2020
On May 5, 2020, Judge Analisa Torres, of the United States District Court for the Southern District of New York, ordered the New York State Board of Elections to reinstate the Democratic presidential preference primary, which the board had previously canceled, on June 23, 2020. The order came as the result of a lawsuit filed on April 28, 2020, by Andrew Yang, a former candidate for the Democratic presidential nomination, and several candidates for New York's delegation to the Democratic National Convention. In their formal complaint, the plaintiffs alleged that "this unprecedented and unwarranted move infringes the rights of Plaintiffs and all New York State Democratic Party voters ... as it fundamentally denies them the right to choose our next candidate for the office of President of the United States."[195][196]
In her ruling, Torres sided with the plaintiffs, writing, "[T]he removal of presidential candidates from the primary ballot not only deprived those candidates of the chance to garner votes for the Democratic Party's nomination, but also deprived their pledged delegates of the opportunity to run for a position where they could influence the party platform, vote on party governance issues, pressure the eventual nominee on matters of personnel or policy, and react to unexpected developments at the Convention." The full text of the order can be accessed here.[196]
On May 6, the New York State Board of Elections appealed the decision.[197][198]
April 27, 2020: New York cancels June 23, 2020, Democratic presidential preference primary
On April 27, 2020, the New York State Board of Elections canceled the Democratic presidential preference primary, which had been scheduled to take place on June 23, 2020. The Republican presidential preference primary had already been canceled. The statewide primary election was scheduled to proceed as planned on June 23, 2020.[199]
Earlier in April, the state enacted a law authorizing the board of elections to remove candidates from ballots upon suspending or terminating their campaigns. Senator Bernie Sanders (I) suspended his presidential campaign on April 8, 2020, making former Vice President Joe Biden (D) the presumptive Democratic nominee.
Board co-chairman Douglas A. Kellner said, "What the Sanders campaign wanted is essentially a beauty contest that, given the situation with the public health emergency, seems to be unnecessary and, indeed, frivolous." Larry Cohen, chairman of Our Revolution, a group aligned with Sanders, said, "Suppressing the Sanders vote in New York will again lead to attacks on the Party across the nation and harm the volunteer effort that our group and others are building for Joe Biden."[199]
April 24, 2020: New York to send absentee ballot applications to all voters in June 23, 2020, election
On April 24, 2020, New York Governor Andrew Cuomo (D) issued Executive Order No. 202.23, requiring that all eligible voters in the June 23, 2020, election be sent absentee ballot applications automatically. Relevant portions of the executive order are presented below. The full text of the order can be accessed here.[200]
“
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through May 24, 2020 the following:
Section 8-400 and any provision of Article 9 of the Election Law in order to provide that every voter that is in active and inactive status and is eligible to vote in a primary or special election to be held on June 23, 2020 shall be sent an absentee ballot application form with a postage paid return option for such application. This shall be in addition to any other means of requesting an absentee ballot available, and any voter shall continue to be able to request such a ballot via phone or internet or electronically. Any ballot which was requested or received for any previously re-scheduled election, or for the primary election to be held on June 23, 2020 shall continue to be valid and shall be counted by the Board of Elections if it shall be returned to them.[7]
”
April 8, 2020: New York allows all voters to vote absentee in June 23, 2020, election
On April 8, 2020, New York Governor Andrew Cuomo (D) announced that he would issue an executive order suspending existing eligibility criteria for absentee voting, allowing all votes to cast their ballots by mail in the June 23, 2020, election. The order, Executive Order No. 202.15, was issued on April 9, 2020. Relevant excerpts are presented below:[201][202]
“
Section 8-400 of the Election Law is temporarily suspended and hereby modified to provide that due to the prevalence and community spread of COVID-19, an absentee ballot can be granted based on temporary illness and shall include the potential for contraction of the COVID-19 virus for any election held on or before June 23, 2020.
Solely for any election held on or before June 23, 2020, Section 8-400 of the Election Law is hereby modified to allow for electronic application, with no requirement for in-person signature or appearance to be able to access an absentee ballot.[7]
”
March 28, 2020: New York postpones presidential preference primary to June 23, 2020
On March 28, 2020, New York Governor Andrew Cuomo (D) issued Executive Order No. 202.12, postponing the state's presidential preference primary to June 23, 2020. New York's primary election for congressional, state, and local offices had already been scheduled to take place on June 23, 2020. The presidential preference primary was originally scheduled for April 28, 2020. Cuomo also postponed to June 23, 2020, the following special elections originally scheduled for April 28, 2020:[203]
The full text of the executive order is provided below:[204][205]
“
WHEREAS, on March 7, 2020, I issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and
WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been documented in New York State and are expected to be continue;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through April 27, 2020 the following:
Subdivision (1) of Section 4-117 of the Election law to the extent necessary so that the time to mail the annual check of registrants and notice by mail shall be as directed by the New York State Board of Elections.
Paragraph 28 of section 171 of the Tax Law, to the extent it limits the allowable period that the Tax Commissioner can disregard when a disaster emergency has been declared, in order to authorize the Tax Commissioner to disregard a period or more than 90 days, but not more than 100 days.
IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of this Executive Order through April 27, 2020:
Any presidential primary to be held on April 28, 2020, shall be postponed and rescheduled for June 23, 2020.
Any special election to be held on April 28, 2020, including for the Twenty-Seventh Congressional District, the Twelfth Assembly District, the Thirty-First Assembly District, the One Hundred and Thirty-Sixth Assembly District, and the Fiftieth Senate District shall be postponed and rescheduled for June 23, 2020, and the ballots shall remain the same.
Any article twenty-eight facility licensed by the state, shall, as a condition of licensure permit the attendance of one support person who does not have a fever at the time of labor/delivery to be present as a support person for a patient who is giving birth.
G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-eighth day of March in the year two thousand twenty.
March 14, 2020: Governor signs executive order reducing primary candidate petition signature requirements and changing filing deadline
On March 14, 2020, Governor Andrew Cuomo (D) signed an executive order that reduced petition signature requirements for primary candidates and suspended the signature-gathering process effective March 17, 2020. Cuomo's office released the following statement:[206]
“
ALBANY – In an effort to keep New Yorkers safe during the COVID-19 pandemic, Governor Andrew M. Cuomo today signed an executive order temporarily modifying election procedures to help reduce the spread of the novel coronavirus.
The executive order suspends the candidate petitioning process — effective 5PM on Tuesday — for the June primaries for Congressional, State Senate, State Assembly and Judicial races.
The executive order also modifies the signature requirements for ballot access; candidates will only need to collect 30 percent of the statutory threshold. For Congress, candidates would need 375 signatures rather than 1,250. For State Senate, candidates would need 300 signatures rather than 1,000. For Assembly, candidates would only need 150 signatures rather than 500.
The executive order also modifies deadlines and procedures to better allow New Yorkers to vote absentee for the Queens Borough President special election on March 24. It extends the current deadline to register to vote absentee to March 23, the day before the special election. Absentee votes must be postmarked or delivered in person up until the day of the election on March 24.
"Public health experts have been clear that one of the most common ways to communicate COVID-19 is through direct person to person contact, and we are doing everything in our immediate power to reduce unnecessary interactions," Governor Cuomo said. "This executive order modifies the election process in a way that both protects public health and ensures the democratic process remains healthy and strong regardless of the ongoing pandemic."[7]
”
North Carolina
General election changes
North Carolina modified its absentee/mail-in voting and early voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The witness signature requirement on completed absentee ballots decreased from two to one. The receipt deadline was extended to 5 p.m. on November 12, 2020, for ballots postmarked on or before Election Day.
Early voting: Early voting sites were required to be open for at least 10 hours on the weekends of October 17-18, 2020, and October 24-25, 2020. Counties had to open at least one early voting site per 20,000 registered voters.
Primary election changes
North Carolina modified its primary election process as follows:
October 29, 2020: U.S. Supreme Court allows absentee/mail-in ballot deadline extension to stand
On October 29, 2020, the U.S. Supreme Court declined to reinstate North Carolina's statutory absentee/mail-in ballot return deadline, allowing the state election board's extension to stand. Ballots postmarked on or before Election Day would be counted so long as they were received by 5 p.m. on November 12, 2020. The statutory receipt deadline would have required that ballots be postmarked on or before Election Day and received by November 6, 2020.[207]
October 28, 2020: U.S. Supreme Court allows absentee/mail-in ballot deadline extension to stand
On October 28, 2020, the U.S. Supreme Court declined to reinstate North Carolina's statutory absentee/mail-in ballot return deadline, allowing the extension ordered by the North Carolina State Board of Elections to stand. Ballots postmarked on or before Election Day would be counted so long as they were received by 5 p.m. on November 12, 2020. The statutory receipt deadline would have required that ballots be postmarked on or before Election Day and received by November 6, 2020.[208]
The court majority did not release an opinion with its order. Gorsuch, joined by Alito, wrote the following in his dissent: "[Efforts] like these not only offend the Elections Clause's textual commitment of responsibility for election lawmaking to state and federal legislators, they do damage to faith in the written Constitution as law, to the power of the people to oversee their own government, and to the authority of legislatures." Thomas dissented from the court's judgment, but did not sign on to Gorsuch's opinion.[208]
October 20, 2020: Federal appeals court allows absentee/mail-in ballot deadline extension to stand
On October 20, 2020, the U.S. Court of Appeals for the Fourth Circuit declined to block the extension of North Carolina's absentee/mail-in ballot return and receipt deadlines. As a result, ballots would be accepted if they were postmarked on or before Election Day and received by 5 p.m. on November 12, 2020. Several Republican groups – including Donald J. Trump for President, Inc., the Republican National Committee, and the state Republican Party affiliate – had petitioned to the Fourth Circuit to intervene. The entire court, as opposed to the more typical three-judge panel, took up the matter.[209]
The Fourth Circuit voted 12-3 against intervening, allowing the deadline extensions to stand. Chief Judges Roger Gregory and Judges Diana Motz, Robert King, Barbara Keenan, James Wynn, Albert Diaz, Henry Floyd, Stephanie Thacker, Pamela Harris, Julius Richardson, A. Marvin Quattlebaum Jr., and Allison Jones Rushing formed the majority. Writing for the majority, Wynn said, "[All] suggestions from the state courts point to the conclusion that the [North Carolina State Board of Elections] properly exercised its legislative delegation of authority. There is no irreparable harm from a ballot extension: again, everyone must submit their ballot by the same date. The extension merely allows more lawfully cast ballots to be counted, in the event there are any delays precipitated by an avalanche of mail-in ballots"[209]
Judges Harvie Wilkinson, Paul Niemeyer, and Steven Agee voted to block the extensions. Wilkinson and Niemeyer, joined by Agee, wrote the following in their dissenting opinion: "Allowing the Board's changes to go into effect now, two weeks before the election and after half a million people have voted in North Carolina, would cause yet further intolerable chaos. … We urge the plaintiffs to take this case up to the Supreme Court immediately. Not tomorrow. Not the next day. Now."[209]
Background: On September 22, 2020, the North Carolina State Board of Elections (SBE) announced a series of proposed modifications:[210]
Absentee/mail-in ballot receipt deadline extended to 5 p.m. on November 12, 2020, for ballots postmarked on or before Election Day.
Voters allowed to submit affidavits to their county election boards to cure the following ballot issues:
Voter failed to sign return paperwork, or signed in the incorrect place.
Witness or assistant did not print name on return paperwork.
Witness or assistant did not print address on return paperwork.
Witness or assistant failed to sign return paperwork, or signed in the incorrect place.
The modifications resulted from a settlement between SBE and the North Carolina Alliance for Retired Americans. On October 2, 2020, Wake County Superior Court Judge Bryan Collins approved the terms of the settlement.[211]
However, on October 3, 2020, Judge James Dever, of the U.S. District Court for the Eastern District of North Carolina, issued a temporary restraining order blocking the settlement. Dever also consolidated three related federal lawsuits involving the state's absentee/mail-in voting procedures and transferred them to Osteen. On October 14, 2020, Osteen ordered election officials to enforce the state's witness requirement for absentee/mail-in ballots. Osteen allowed the other ballot curing provisions, and the absentee/mail-in ballot receipt deadline (November 12, 2020, for ballots postmarked on or before Election Day), to stand.[212]
On October 19, 2020, in light of and in response to Osteen's ruling, SBE released new guidance on absentee/mail-in voting.[213]
October 19, 2020: State board of elections issues new guidance on absentee/mail-in voting
On October 19, 2020, the North Carolina State Board of Elections directed counties to accept absentee/mail-in ballots received by 5 p.m. on November 12, 2020, and postmarked on or before Election Day. The state board of elections also issued new guidance on how voters can resolve problems with their absentee/mail-in ballots.[213]
Under the new guidance, county election boards were directed to do the following:[213]
If a voter returned a ballot without a witness signature, the county was directed to send the voter a new ballot. The original ballot was to be discarded.
If a voter returned a ballot with any of the following deficiencies, the county was directed to "send the voter a certification to sign and return to ensure the ballot is counted." These certifications had to be received by the voter's county election board by 5 p.m. on November 12, 2020.
Voter failed to sign the return envelope or signed the envelope in the incorrect place.
Witness failed to provide his or her printed name.
July 17, 2020: North Carolina State Board of Elections mandates modifications to in-person voting in the November 3, 2020, general election
On July 17, Karen Brinson Bell, the executive director of the North Carolina State Board of Elections, issued an emergency order mandating a number of modifications to in-person voting in the November 3, 2020, general election, including the following:[214]
"All county boards of elections must open each early voting site for at least 10 hours on the weekends of October 17-18 and October 24-25."
"Each county board must open at least one early voting site per 20,000 registered voters in the county. A county board of elections may apply for a waiver if its proposed plan sufficiently serves the voting population, maintains social distancing and reduces the likelihood of long lines."
"Any county board with only one early voting site must arrange for a backup site and backup staff."
"County boards may open early voting sites before 8 a.m. and remain open later than 7:30 p.m., provided that the sites (other than the county-board office or in-lieu-of site, if only open regular business hours) are all open at the same time."
"All county boards must take significant precautions to protect voters and poll workers from the spread of disease. These safeguards include: providing for social distancing at voting sites, including barriers between elections officials and voters at check-in; frequently sanitizing common surfaces, including voting booths; providing single-use pens to mark paper ballots or cotton swabs for ballot-marking devices; requiring elections officials to wear face coverings and making masks available to voters who do not bring their own. Voters are not required to wear masks while voting."
The full text of the emergency order can be accessed here.
June 12, 2020: Governor signs law reducing witness signature requirement for completed absentee ballots
On June 12, 2020, Governor Roy Cooper (D) signed HB1169 into law, reducing the witness signature requirement on completed absentee ballots from two to one. The legislation was set to apply only to 2020 elections. To access the full text of the bill, click here.[215][216]
March 26, 2020: Republican Party of North Carolina postpones state convention
March 20, 2020: North Carolina postpones Republican primary runoff for 11th Congressional District
On March 20, 2020, Karen Brinson Bell, executive director of the state board of elections, announced that the Republican primary runoff for North Carolina's 11th Congressional District would be postponed to June 23, 2020. It was originally scheduled for May 12, 2020.[218]
North Dakota
General election changes
North Dakota did not modify any procedures for the November 3, 2020, general election.
Primary election changes
North Dakota modified its primary election process as follows:
Voting procedures: Counties were authorized to conduct the primary election entirely by mail.
March 26, 2020: Governor issues executive order authorizing counties to conduct June 9, 2020, primary election by mail
On March 26, 2020, Governor Doug Burgum (R) issued Executive Order 2020-13, authorizing counties to conduct the June 9, 2020, primary election entirely by mail. The order also directed the secretary of state to send absentee ballot applications to all of the individuals listed in the state's central voter file.[219]
The order did not mandate that counties conduct voting entirely by mail. In a press release, Burgum said, "The order waives the requirement that counties must provide at least one physical polling location on primary election day. This will give counties the flexibility and local control to conduct the June 9 primary election by mail ballot only – if the county chooses to do so." The full text of the executive order can be accessed here.[220]
March 12, 2020: Democratic Party of North Dakota cancels its convention
On March 12, 2020, the Democratic Party of North Dakota canceled its in-person convention, originally scheduled for March 19-22, 2020, in Minot. The party opted instead to conduct a virtual state convention.[221][222] Chair Kylie Oversen issued the following statement:[223]
“
BISMARCK, ND — The Democratic-NPL Party will be canceling the convening of our state convention due to concerns over the transmission of COVID-19 in North Dakota. The convention is scheduled for March 19-22 in Minot during which the party planned to nominate statewide candidates as well as elect delegates to the national convention. Staff and Dem-NPL leaders are working with supporters, volunteers, vendors, and other involved parties to determine next steps.
In the interests of the community health and the safety of our supporters and delegates, we believe it is in the best interest to cancel the convening of our state convention. We are working on alternate plans to ensure that we meet all legal deadlines for our statewide candidates, national delegates, and other require business.[7]
”
Republican Party of North Dakota cancels its convention
The Republican Party of North Dakota canceled its state convention, originally scheduled for March 27-28, 2020. In lieu of the convention, the party opted to elect delegates to the national nominating convention via mail voting on the part of registered state convention delegates. A letter announcing this change can be accessed here. The party expected to have results tallied and available on or before April 18, 2020.[224][225]
Ohio
General election changes
Ohio modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee ballot applications could be submitted by fax or email for the general election.
Primary election changes
Ohio modified its primary election process as follows:
Election postponements: Absentee voting in the primary election was extended to April 27. The final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, was April 28.
Click the gray bar below for more detailed information.
October 9, 2020: Federal appeals court stays district court order directing secretary of state to allow ballot drop boxes at multiple sites within a county
On October 9, 2020, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit stayed a district court's order directing Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. As a result, LaRose's initial order limiting drop boxes to one site per county was reinstated. The panel voted 2-1 on the matter, with Judges Richard Griffin and Amul Thapar forming the majority. In the court's order, Griffin wrote, "Federal courts are not 'overseers and micromanagers' of 'the minutiae of state election processes.' The district court in this case altered election rules during an election and in disregard for Ohio's important state interests." Griffin and Thapar were appointed by Presidents George W. Bush (R) and Donald Trump (R), respectively. Judge Helene White dissented: "[To] hold that the constitutionality of a last-minute order by a single state official impacting the voting rights of thousands of citizens may not be adjudicated until after their right to vote has been disrupted applies Supreme Court precedent to an inappropriate context." White, like Griffin, was a Bush appointee.[226]
October 8, 2020: Federal district court orders secretary of state to allow ballot drop boxes at multiple sites within a county
On October 8, 2020, Judge Dan Aaron Polster, of the U.S. District Court for the Northern District of Ohio, ordered Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. In his ruling, Polster wrote, "The Secretary has not advanced any legitimate reason to prohibit a county board of elections from utilizing off-site drop boxes and/or off-site delivery of ballots to staff. Voting began October 6, the Cuyahoga County board voted to begin collecting ballots at public libraries on October 14, other county boards may now vote to implement plans for off-site collection, and it is time for this litigation to end."[227]
Polster's order took effect immediately. LaRose appealed the decision to the U.S. Court of Appeals for the Sixth Circuit. In a statement, Maggie Sheehan, a spokeswoman for LaRose, said, "Voting has begun, and Ohio’s elections are safe, secure and accessible. The place to make changes in how we run our elections is the Statehouse, not the courthouse."[228]
October 2, 2020: State appeals court says secretary of state has discretion to determine limits on absentee/mail-in ballot drop boxes
On October 2, 2020, a three-judge panel of the Ohio 10th District Court of Appeals ruled that Ohio Secretary of State Frank LaRose (R) could direct counties to offer multiple drop-box locations for returning absentee/mail-in ballots. The panel stopped short of requiring LaRose to do so, overturning a lower court decision to that effect.[229]
On October 5, 2020, Ohio Secretary of State Frank LaRose (R) announced that counties would be allowed to offer multiple drop-off options for returning absentee/mail-in ballots. LaRose said that these options would be restricted to one site per county.[230]
September 16, 2020: State judge enjoins state limitation on absentee/mail-in ballot drop boxes, stays order pending appeal
On September 16, 2020, Judge Richard A. Frye, of the Franklin County Court of Common Pleas, ordered Secretary of State Frank LaRose (R) to stop directing counties to provide no more than one absentee/mail-in ballot drop box per county. However, Frye immediately stayed his order in anticipation of an appeal by LaRose and in keeping with Ohio law, which "obligates an Ohio court to stay a judgment when appeal is taken by a state agency or officer." LaRose filed his appeal with the Ohio Court of Appeals for the Tenth Appellate District on September 21, 2020.[231][232]
September 15, 2020: State judge finds limitation on absentee ballot drop boxes "unreasonable," stops short of rescinding limitation
On September 15, 2020, Judge Richard Frye, of the Franklin County Court of Common Pleas, ruled that the order from Secretary of State Frank LaRose (R) directing counties to provide no more than one absentee/mail-in ballot drop box per county "lacked a legitimate basis in evidence" and was, therefore, "unreasonable and unlawful." Frye stopped short of rescinding the order, citing previous indications by LaRose that he supported "additional drop boxes if they are legal." In response to the ruling, Maggie Sheehan , a spokeswoman for LaRose, said, "Today’s ruling didn’t change anything, and the secretary’s directive remains in place."[233][234]
September 11, 2020: Judge orders election officials to accept absentee ballot applications submitted by fax or email
On September 11, 2020, Judge Stephen L. McIntosh, of the Franklin County Court of Common Pleas, enjoined Secretary of State Frank LaRose (R) from rejecting absentee ballot applications submitted via fax or email. McIntosh ordered officials to accept applications submitted by fax or email for the November 3, 2020, general election. The full text of McIntosh's order can be accessed here.[235]
August 12, 2020: Secretary of state directs counties to provide one drop-box for absentee/mail-in ballots
On August 12, 2020, Secretary of State Frank LaRose (R) directed each county election board to provide one drop-box for absentee/mail-in ballots in the November 3, 2020, general election. LaRose included this directive in a document outlining health guidelines for county election boards, which can be accessed here.[236]
March 27, 2020: Governor signs legislation extending absentee voting in primary to April 27, 2020
On March 27, 2020, Ohio Governor Mike DeWine (R) signed HB 197 into law, extending absentee voting in the state's primary to April 27, 2020, and setting the final date for in-person voting, restricted to individuals with disabilities and those without home mailing addresses, as April 28, 2020. Under the legislation, every eligible voter was set to receive a postcard describing the process for obtaining an absentee ballot application. The voter registration deadline, originally February 18, 2020, remained unchanged. Votes already cast, either by mail or in person, prior to March 17, 2020, would be counted as valid.[237][238][239]
March 16-17, 2020: Ohio state health director orders closure of polls on March 17, 2020
The following is a chronological account of events involving the postponement of Ohio's March 17, 2020, primary election.
On March 16, 2020, a group of private citizens filed suit in the Franklin County Court of Common Pleas, at the request of Governor Mike DeWine (R), seeking a postponement of the state's primary election, originally scheduled for March 17, 2020. Both DeWine and Ohio Secretary of State Frank LaRose (R) advocated for the postponement. Neither, however, could order the postponement themselves. They also could not file suit in state court to effect the change because the state and its officials cannot sue themselves.[241]
Later that day, Judge Richard Frye issued an order declining to postpone the primary. On announcing the order, Frye said, "There are too many factors to balance in this unchartered territory to say that we ought to take this away from the legislature and elected statewide officials, and throw it to a common pleas court judge in Columbus 12 hours before the election."[242][243]
In a joint press release issued shortly after 9:00 p.m. Eastern, DeWine and LaRose said, "Logistically, under these extraordinary circumstances, it simply isn’t possible to hold an election tomorrow that will be considered legitimate by Ohioans. They mustn’t be forced to choose between their health and exercising their constitutional rights."[244]
Aaron Ockerman, head of the Ohio Association of Elections Officials, said, "At this point in the evening, it is almost impossible for boards of elections or the secretary of state to give a concrete answer as to what the plan for tomorrow is. There is lots of conflicting information floating around, so we will wait for the courts to make a final decision and act according to the instructions we receive. We expect a long night, and will be prepared for [Tuesday] whatever that decision is."[244]
Shortly after 10:00 p.m. Eastern, DeWine announced that polls would be closed on March 17, 2020, by the order of the state health director:[245]
“
During this time when we face an unprecedented public health crisis, to conduct an election tomorrow would force poll workers and voters to place themselves at an unacceptable health risk of contracting coronavirus. As such, Health Director Dr. Amy Acton will order the polls closed as a health emergency. While the polls will be closed tomorrow, Secretary of State Frank LaRose will seek a remedy through the courts to extend voting options so that every voter who wants to vote will be granted that opportunity."[7]
”
—Gov. Mike DeWine
In response to this announcement, a candidate for office in Wood County, Ohio, filed suit in the state supreme court, alleging that the postponement violated state election laws. Shortly before 4:00 a.m. Eastern, March 17, 2020, the court rejected this argument, allowing the postponement to stand. Four justices participated in the ruling, which was issued without an opinion: Chief Justice Maureen O'Connor and Justices Pat Fischer, Michael P. Donnelly, and Melody Stewart:. Three justices recused themselves: Justices Judith French, Sharon L. Kennedy, and Pat DeWine.[246]
LaRose preliminarily postponed in-person voting to June 2, 2020. The absentee ballot application deadline was extended to May 26, 2020, and the postmark deadline was extended to June 1. The voter registration deadline, originally February 18, 2020, was set to stand. All ballots already cast, either by mail or in person, were set to be counted as usual. These dates were rendered moot upon the enactment of HB 197, which rescheduled the primary election for April 28, 2020.[247]
On March 17, 2020, the Democratic Party of Ohio and Kiara Sanders, a registered voter in Franklin County, filed suit against LaRose in the state supreme court. The plaintiffs alleged that LaRose was "patently and unambiguously without jurisdiction and legal authority to suspend, move, or set the date of Ohio's 2020 presidential primary election." They argued instead that the legal authority to set the date of the primary election rested with the state legislature. This suit was also rendered moot by the enactment of HB 197.[248]
March 15, 2020: Secretary of state authorizes curbside voting on Election Day and changes to absentee voting procedures
On March 15, 2020, Ohio Secretary of State Frank LaRose (R) directed county boards of elections to offer curbside voting to "any voter that is concerned about coming inside a polling location." The secretary of state also directed election officials to accept absentee ballot applications until 3:00 p.m. on March 17, 2020, for voters "unforeseeably confined due to concerns regarding Coronavirus/COVID-19."[249][250] These orders were ultimately rendered moot by the postponement of in-person voting in the primary election to June 2, 2020.
Oklahoma
General election changes
Oklahoma modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Voters casting absentee ballots could submit copies of their identification in lieu of fulfilling the notarization requirement in the event of a state of emergency occurring within 45 days of an election. Individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, could cast an absentee ballot under the 'physical incapacitation' eligibility criterion.
Primary election changes
Oklahoma modified its primary election process as follows:
Voting procedures: Voters casting absentee ballots may submit copies of their identification in lieu of fulfilling the notarization requirement in the event of a state of emergency occurring within 45 days of an election. Individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, may cast an absentee ballot under the 'physical incapacitation' eligibility criterion.
Click the gray bar below for more detailed information.
August 28, 2020: Governor extends state of emergency, triggering absentee voting modifications for the general election
On August 28, 2020, Governor Kevin Stitt (R) issued an executive order extending Oklahoma's state of emergency by 30 days. This triggered the implementation of the following modifications to Oklahoma's absentee ballot procedures: permitted voters to submit copies of their identification in lieu of fulfilling the notarization requirement; specified that individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, could cast an absentee ballot under the 'physical incapacitation' eligibility category.[251][252]
May 7, 2020: Oklahoma reinstates absentee ballot notarization requirement, adjusts eligibility criteria in response to COVID-19
On May 7, 2020, Governor Kevin Stitt (R) signed SB210 into law, reinstating the absentee ballot notarization requirement struck down by the state supreme court on May 4, 2020. The legislation also included provisions applicable only to the 2020 election cycle. SB210 permitted voters to submit copies of their identification in lieu of fulfilling the notarization requirement in the event of a state of emergency occurring within 45 days of an election. The legislation also specified that individuals experiencing symptoms indicative of COVID-19, and individuals classified as vulnerable to infection, could cast an absentee ballot under the 'physical incapacitation' eligibility category.[253][254]
According to the state board of elections, individuals meeting one of the following criteria would be permitted to vote absentee under the 'physical incapacitation' eligibility category:[255]
"The voter has tested positive for COVID-19 and is receiving medical treatment or is in quarantine ordered by a personal physician or by the county health department."
"The voter has been tested for COVID-19 and is either in quarantine or is self-isolating while waiting for the test results."
"The voter has symptoms of COVID-19, as defined by the Centers for Disease Control, and has been advised by a personal physician or a county health department to quarantine or self-isolate."
"The voter is a member of a group considered at 'higher risk of severe illness' due to age or underlying health conditions and is subject to a 'stay at home' or 'safer at home' or similar order by the Governor or by an authorized municipal authority."
"The voter has received a written recommendation from a personal physician that due to an underlying health condition the voter should not leave his or her home due to the COVID-19 pandemic."
May 4, 2020: Oklahoma Supreme Court strikes down notary requirement for absentee ballots
On May 4, 2020, the Oklahoma Supreme Court struck down a requirement that absentee ballots be notarized, finding that the requirement did not qualify as an exception under a state law establishing that statements signed and dated under the penalty of perjury carry the force of an affidavit. The court ruled 6-3 in the matter. The case name and number were League of Women Voters of Oklahoma v. Ziriax (118765).[256]
March 18, 2020: Oklahoma's chief elections official declares election emergency, allowing municipalities to postpone elections
On March 18, 2020, Paul Ziriax, secretary of the state board of elections, announced that municipalities could reschedule elections, originally scheduled for April 7, 2020, to a later date (June 30, 2020, in the case of regular elections, and any date allowed by law in the case of special elections). Ziriax said, "As Oklahoma’s chief election official, I strongly urge school districts, municipalities, technology districts and counties with April 7 elections to take immediate action to reschedule and help efforts to flatten the COVID-19 curve."[257]
Oregon
General election changes
Oregon did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Oregon made no changes to its primary election.
Click the gray bar below for more detailed information.
No changes impacting election dates and procedures in Oregon have been announced.
Pennsylvania
General election changes
Pennsylvania modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The mail-in ballot receipt deadline for the general election was extended to November 6, 2020. Drop boxes were made available to return ballots. The state provided prepaid return postage for all mail-in and absentee ballots.
Primary election changes
Pennsylvania modified its primary election process as follows:
Election postponements: The primary election was postponed from April 28 to June 2.
Voting procedures: The absentee ballot receipt deadline for the primary election was extended to 5:00 p.m. on June 9 (with a postmark deadline of June 2) in Allegheny, Dauphin, Delaware, Erie, Montgomery and Philadelphia counties.
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October 28, 2020: U.S. Supreme Court allows mail-in ballot return deadline to stand
On October 28, 2020, the U.S. Supreme Court declined to expedite consideration of a case involving the Pennsylvania Supreme Court's extension of the state's mail-in ballot return deadline, allowing the extended deadline to stand. Ballots postmarked on or before Election Day would be counted so long as they were received by 5 p.m. on November 6, 2020.[258]
The court ruled unanimously on the matter. However, Associate Justice Samuel Alito, joined by Associate Justices Clarence Thomas and Neil Gorsuch, released a statement criticizing the state supreme court's action: "It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court’s decision before the election. That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution." Alito added, "But I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election."[258]
October 23, 2020: Pennsylvania Supreme Court prohibits officials from rejecting mail-in ballots due to perceived signature mismatch
On October 23, 2020, the Pennsylvania Supreme Court ruled that election officials could not reject a mail-in ballot because the signature on the ballot return documents did not appear to match the voter's signature on file.[259]
On September 11, 2020, the Pennsylvania Department of State issued guidance to this effect after the League of Women Voters of Pennsylvania and the Urban League of Greater Pittsburgh filed suit against the state over the issue. The groups dropped their suit once the guidance was issued.[259]
However, Republicans–including Donald J. Trump for President, Inc. and the Republican National Committee–sued Secretary of State Kathy Boockvar (D) in the U.S. District Court for the Western District of Pennsylvania in a bid to overturn that guidance. On October 10, 2020, Judge J. Nicholas Ranjan dismissed the lawsuit.[259]
Boockvar then asked the state supreme court to take up the question. The high court's seven justices ruled unanimously in Boockvar's favor.[259]
October 19, 2020: U.S. Supreme Court lets extended absentee/mail-in ballot receipt deadline stand
On October 19, 2020, the U.S. Supreme Court declined to block the state supreme court's order extending the receipt deadline for mail-in ballots to November 6, 2020, for ballots postmarked on or before Election Day. The high court voted 4-4 on the matter, with Chief Justice John Roberts and Associate Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan voting not to intervene. Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh voted to grant the petition. When the court reaches a tie vote, the lower court's ruling is allowed to stand.[260]
September 17, 2020: Pennsylvania Supreme Court issues rulings extending absentee/mail-in ballot receipt deadline, authorizing drop boxes
On September 17, 2020, the Pennsylvania Supreme Court issued rulings that extended the mail-in ballot receipt deadline and authorized the use of drop boxes for returning mail-in ballots in the November 3, 2020, general election. As a result, mail-in ballots postmarked on or before November 3, 2020, and ballots lacking evidence that they were sent after this date would be accepted if received by 5 p.m. on November 6, 2020. The full text of the court's ruling can be accessed here.[261][262]
September 14, 2020: Lawsuit dropped after state issues guidance directing counties not to reject ballots due to perceive signature mismatch
On September 14, 2020, the League of Women Voters of Pennsylvania and the Urban League of Greater Pittsburgh dropped a lawsuit against the state after election officials issued guidance stating that counties cannot reject a mail-in ballot due solely to a perceived mismatch between the signature on the return envelope and the signature on the voter's registration record. The guidance can be accessed here.[263]
July 31, 2020: State to provide prepaid return postage for all mail-in and absentee ballots in the November 3, 2020, general election
On July 31, 2020, Pennsylvania Secretary of the Commonwealth Kathy Boockvar (D) announced that the state would provide prepaid return postage for all mail-in and absentee ballots in the November 3, 2020, general election.[264]
June 1, 2020: Governor extends absentee ballot receipt deadline in six counties
On June 1, 2020, Governor Tom Wolf (D) issued an executive order extending the absentee ballot receipt deadline for the June 2, 2020, primary to 5:00 p.m. on June 9, 2020 (with a postmark deadline of June 2, 2020) in Allegheny, Dauphin, Delaware, Erie, Montgomery and Philadelphia counties. The full text of the executive order can be accessed here.[265]
March 27, 2020: Pennsylvania postpones primary election to June 2, 2020
On March 27, 2020, Pennsylvania Governor Tom Wolf (D) signed into law legislation postponing the state's primary election to June 2, 2020. It was originally scheduled for April 28, 2020. The bill, SB75, provided for other changes in the administration of the state's primary:[266]
Authorized counties to begin processing and tabulating mail ballots beginning at 7:00 p.m. on Election Day
Authorized counties, on a temporary basis, to consolidate polling places without court approval
The full text of the press release announcing the postponement is provided below.
“
Governor Tom Wolf signed four bills today to fight the COVID-19 pandemic in Pennsylvania that bolster the health care system, benefit workers and schools, and reschedule the 2020 primary election for June 2.
The governor signed House Bill 1232, which provides $50 million for the Wolf administration to purchase medical equipment and supplies for hospitals, nursing facilities and emergency medical services to meet the urgent needs by patients and staff.
“This funding will allow Pennsylvania to get more beds, ventilators, and other personal protective equipment that our health care system needs for a surge in patients,” said Governor Wolf. “The state and our health care system are mobilizing as fast as possible to provide medical workers with the equipment they need to care for patients.”
The governor also signed, Senate Bill 751, which waives the requirement for schools to be in session at least 180 days, provides for continuity of education plans, ensures school employees are paid during the closure, and provides the Secretary of Education with authority to waive student teacher and standardized assessments. The Department of Education previously announced the cancellation of all PSSA testing, Keystone exams and the Pennsylvania Alternate System of Assessment for the 2019-20 school year.
The governor signed Senate Bill 422, which reschedules the 2020 primary election from April 28 to June 2. and makes other election process changes, including some due to the COVID-19 emergency. The bill provides process improvements to Act 77 of 2019, to allow counties to begin processing and tabulating mail ballots beginning at 7 a.m. on election day, rather than after the polls close at 8 p.m. Additionally, the measure allows counties to temporarily consolidate polling places without court approval and eases other rules regarding location and staffing of polling places for the primary to respond to county concerns about a potential shortage of poll workers and appropriate polling place locations.
“Delaying this year’s primary election as several other states have done is in the best interests of voters, poll workers and county election officials,” said Governor Wolf. “I commend the General Assembly for acting quickly on this critical legislation. The Department of State will continue to work with local election officials to ensure Pennsylvania has a fair and accessible election.”
The governor reminded voters of the new option to vote by mail-in ballot rather than going to a polling place on election day. Already more than 215,000 registered voters have signed up for either a mail-in or absentee ballot, with nearly 78 percent using the commonwealth’s new online application. Those voters do not need to file new applications despite the change in primary date.
The governor also signed House Bill 68, which makes applying for unemployment compensation easier for workers affected by the COVID-19 pandemic. The bill requires the Department of Labor & Industry to waive the one week waiting period and job search and work registration requirements for claimants under the disaster emergency, provides automatic relief from benefit charges for employers whose account would otherwise be charged during the disaster emergency, increases timeframes and allows for interest-free payment plans, and provides the secretary with the ability to adopt temporary regulations to ensure compliance with federal law.
The governor signed House Bill 1578 which makes technical changes to the disclosure of fees in declarations and in public offering statements of planned communities, cooperatives, and condominiums and to permit corrective amendments to the bylaws of planned communities, cooperatives, and condominiums by utilizing the current procedure used to make corrective amendments to declarations.
The governor vetoed House Bill 1100.
Visit the commonwealth’s Responding to COVID-19 guide for the latest guidance and resources for Pennsylvanians or the Pennsylvania Department of Health’s dedicated coronavirus webpage for the most up-to-date information regarding COVID-19.[7]
”
Puerto Rico
General election changes
Puerto Rico did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Puerto Rico were modified as follows:
Political party events: The Democratic Party of Puerto Rico postponed its presidential primary, originally scheduled to take place on March 29 to July 12. In lieu of a primary, the Republican Party of Puerto Rico conducted an electronic referendum among party leaders on June 5 as the main event in its presidential nominating process.
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June 5, 2020: Puerto Rico Republicans hold electronic referendum as part of presidential nominating process
In lieu of a primary, the Republican Party of Puerto Rico conducted an electronic referendum among party leaders on June 5, 2020, as the main event in its presidential nominating process.[267]
May 21, 2020: Puerto Rico Democrats schedule presidential preference primary for July 12, 2020
On May 21, 2020, Puerto Rico's Democratic Party announced that its presidential preference primary would take place on July 12, 2020.[268]
April 2, 2020: Puerto Rico Democrats postpone presidential preference primary to unspecified date
On April 2, 2020, Puerto Rico's Democratic Party announced a further postponement of its primary election to an unspecified future date. The primary had originally been scheduled for March 29, 2020, before being postponed to April 26, 2020. In a statement, Puerto Rico Democratic Party Chairman Charles Rodríguez said, "The most important thing right now is to save lives and contain the spread of COVID-19. But we will take all necessary actions to guarantee the right to vote in an event of great importance for the Nation and Puerto Rico."[269]
March 21, 2020: Puerto Rico Democrats postpone presidential preference primary to April 26, 2020
On March 21, 2020, the Democratic Party of Puerto Rico announced the postponement of its presidential preference primary to April 26, 2020. It was originally scheduled to take place on March 29, 2020.[270]
Rhode Island
General election changes
Rhode Island modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballot applications were sent to all registered voters in the general election. Witness or notary requirements were suspended for mail-in ballots.
Primary election changes
Rhode Island modified its primary election process as follows:
Election postponements: The presidential preference primary was postponed from April 28 to June 2.
Candidate filing procedures: The petition signature requirements for U.S. Senate and congressional candidates was reduced by half.
Voting procedures: Mail-in ballot applications automatically sent to all voters in the presidential preference primary. Witness or notary requirements for mail-in ballots were suspended in the primary election.
Click the gray bar below for more detailed information.
September 11, 2020: Secretary of state announces plan to send all active registered voters absentee/mail-in ballot applications in the general election
On September 11, 2020, Secretary of State Nellie Gorbea (D) announced that her office would send absentee/mail-in ballot applications to all active registered voters in the November 3, 2020, general election. Gorbea also announced that Governor Gina Raimondo (D) had authorized the Rhode island National Guard "to assist in processing what is expected to be a record number of mail ballot applications for the November 3 general election."[271]
August 13, 2020: Supreme Court upholds consent decree suspending witness/notary requirements for mail-in ballots
On August 13, 2020, the Supreme Court of the United States denied an application by the Republican National Committee and the Republican Party of Rhode Island to stay a consent decree suspending witness/notary requirements for mail-in ballots cast in Rhode Island's 2020 elections. In its unsigned order, the court wrote, "Unlike Merrill v. People First of Alabama and other similar cases where a State defends its own law, here the state election officials support the challenged decree, and no state official has expressed opposition. Under these circumstances, the applicants lack a cognizable interest in the State's ability to 'enforce its duly enacted' laws." Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch indicated they would have granted the application for a stay.[272]
August 7, 2020: Federal appeals court upholds consent decree suspending witness/notary requirements for mail-in ballots
On August 7, 2020, a three-judge panel of the United States Court of Appeals for the First Circuit issued a per curiam opinion denying a motion by the Republican National Committee and the Republican Party of Rhode Island to stay the consent decree suspending witness/notary requirements for mail-in ballots. Republicans appealed the decision to the Supreme Court of the United States.[273][274]
July 30, 2020: Rhode Island suspends witness/notary requirements for mail-in ballots
On July 30, 2020, Judge Mary McElroy, of the U.S. District Court for the District of Rhode Island, approved a consent agreement reached by the parties in Common Cause Rhode Island v. Gorbea. The state agreed not to enforce witness or notary requirements for mail-in ballots in both the September 8, 2020, primary and November 3, 2020, general elections. The plaintiffs agreed to the retention of identification requirements they had originally challenged. The Republican National Committee and the Republican Party of Rhode Island appealed the consent decree to the United States Court of Appeals for the First Circuit.[275]
June 19, 2020: Governor signs legislation lowering petition signature requirements for congressional candidates
On June 19, 2020, Governor Gina Raimondo (D) signed H7901 into law, reducing petition signature requirements for both primary and general election congressional candidates in 2020 by half. The signature requirement for U.S. Senate candidates was reduced from 1,000 to 500. The requirement for U.S. House candidates was reduced from 500 to 250.[276][277]
March 30, 2020: Rhode Island to conduct June 2, 2020, presidential preference primary predominantly by mail
On March 30, Rhode Island Secretary of State Nellie Gorbea (D) announced that the state's presidential preference primary, scheduled to take place on June 2, 2020, would be conducted predominantly by mail. She said that her office would send mail-in ballot applications to all registered voters in advance of the primary. The following voter participation deadlines for the primary were established:[278]
May 3, 2020: Voter registration deadline
May 4, 2020: Deadline for voters to disaffiliate from one party to vote in the primary of another party
May 19, 2020: Deadline to submit mail-in ballot applications
June 2, 2020: Receipt deadline for mail-in ballots
The press release announcing this procedural modification is presented in full below.
“
Providence, RI – Today Secretary of State Nellie M. Gorbea announced new deadlines for Rhode Island's Presidential Preference Primary, which was delayed to June 2 due to health concerns regarding the coronavirus/COVID-19 pandemic.
"To ensure that all Rhode Islanders can cast a ballot in a safe and secure manner, the Presidential Preference Primary will be a predominantly mail ballot election," said Secretary Gorbea. "In the coming weeks, my office will send all registered Rhode Island voters a mail ballot application."
The most important deadline changes for voters to know right now are the deadlines to register to vote or change party affiliation:[279]
May 3, 2020: Voter registration deadline (previously Sunday, March 29.) • May 4, 2020: Party disaffiliation deadline (previously Monday, March 30.)
Rhode Island voters affiliated with a party may only vote in that party's primary, but unaffiliated voters may vote in either the Democratic or Republican primary. Voters are encouraged to visit vote.ri.gov to register to vote or to verify that their information is up to date to ensure that mail ballot applications are sent to the correct address. If voters cannot find their information on our website, please contact our Elections Division at 401-222-2340.
Secretary Gorbea will update the full Presidential Preference Primary Calendar as dates continue to be finalized.[7]
”
March 23, 2020: Rhode Island postpones presidential preference primary to June 2, 2020
On March 23, 2020, Governor Gina Raimondo (D) issued Executive Order 20-11, postponing Rhode Island's presidential preference primary to June 2, 2020. It was originally scheduled to take place on April 28, 2020.[280][281]
South Carolina
General election changes
South Carolina modified its absentee/mail-in and in-person voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Any eligible voter could request an absentee ballot for the general election. Return postage for all mailed absentee ballots was prepaid.
In-person voting: In-person absentee voting was authorized to begin on October 5, 2020.
Primary election changes
South Carolina modified its primary election process as follows:
Voting procedures: Any eligible voter may request an absentee ballot for the primary election.
Click the gray bar below for more detailed information.
October 27, 2020: Federal judge rules counties cannot reject absentee/mail-in ballots due to perceived signature mismatch
On October 27, 2020, Judge Richard Mark Gergel of the U.S. District Court for the District of South Carolina ruled that county election officials could not reject absentee/mail-in ballots on the basis of perceived mismatch between the signature on the ballot return documents and the voter's signature on file. Gergel also ordered election officials to review absentee/mail-in ballots that had previously been submitted and invalidated for that reason.[282]
Gergel's ruling corresponded with guidance on this question issued by the South Carolina Election Commission on October 26, 2020. Marci Andino, the commission's executive director, said, "If any county board of voter registration and elections ... is employing or plans to employ a signature matching procedure, it must stop doing so immediately. Further, any absentee ballot that, as a result of a signature matching procedure, has been rejected, disqualified or otherwise set aside so that it will not be counted should immediately be included with those absentee ballots that will be counted, assuming that absentee ballot otherwise complies with [state law]."[283]
October 5, 2020: U.S. Supreme Court reinstates witness requirement for absentee/mail-in ballots
A federal district court had first suspended the requirement. That suspension was reversed by a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. The panel's decision was overturned by the Fourth Circuit sitting en banc, reinstating the suspension. It was this action that was reversed by the Supreme Court on October 5, 2020.[284][286]
The Supreme Court exempted ballots cast before it issued its order and those received within two days of the order. Absentee/mail-in ballots cast after that time would be subject to the reinstated witness requirement.[284][287]
The court issued its order without noted dissent.[284][288]
September 16, 2020: Governor signs legislation extending absentee voting eligibility to all voters in the November 3, 2020, general election
On September 16, 2020, Governor Henry McMaster (R) signed H5305 into law, extending absentee voting eligibility to all qualified electors in the November 3, 2020, general election. The legislation also established October 5, 2020, as the start date for in-person absentee voting (i.e., early voting). The full text of the legislation can be accessed here.[289][290]
July 8, 2020: South Carolina to provide prepaid postage for returned absentee ballots in the general election
On July 8, 2020, the South Carolina Election Commission announced that return postage for all mailed absentee ballots in the November 3, 2020, general election would be prepaid.[291]
May 25, 2020: Federal judge suspends absentee ballot witness requirement in June 2020 elections
On May 25, 2020, Judge J. Michelle Childs, of the United States District Court for the District of South Carolina, issued a preliminary injunction barring election officials from enforcing South Carolina's witness requirement for absentee ballots in the June 9, 2020, primary and subsequent runoff elections. Childs denied the plaintiffs' remaining claims. The full text of Childs' order can be accessed here.[292]
May 13, 2020: Governor signs into law bill allowing all voters to cast absentee ballots in June 2020 elections
On May 13, 2020, Governor Henry McMaster (R) signed into law a bill allowing any eligible South Carolina voter to request an absentee ballot for the state's June 9, 2020, primary and subsequent runoff elections. The legislation established a new, temporary reason for voters to select when filling out absentee voting applications: "Reason 18 - State of Emergency." The eligibility expansion was set to expire on July 1, 2020.[293]
South Dakota
General election changes
South Dakota did not modify any procedures for the November 3, 2020, general election.
Primary election changes
South Dakota modified its primary election process as follows:
Voting procedures: Absentee ballot applications sent to all registered voters in the primary election.
Click the gray bar below for more detailed information.
April 10, 2020: South Dakota to send absentee ballot applications to all registered voters in June 2, 2020, primary
On April 10, 2020, South Dakota Secretary of State Steve Barnett (R) announced that his office would mail absentee ballot applications to all registered voters in advance of the June 2, 2020, primary election. Applications were scheduled to be mailed between April 17, 2020, and April 24, 2020. The press release announcing this change is presented in full below.[294]
“
PIERRE – South Dakota Secretary of State Steve Barnett announced today that his office will mail absentee ballot applications to all South Dakotans registered in the statewide voter registration file, with the exception of voters that have already applied for the 2020 election cycle or voters in counties sending applications on their own . "Ensuring every South Dakota voter has access to exercise their right to vote is the goal of all election officials in our state. In response to the current pandemic, we are encouraging all South Dakotans to utilize our state’s absentee vote-by-mail option for our upcoming elections. Absentee ballot applications will be mailed to each registered voter at the mailing address listed on their voter registration form," Barnett stated.
Absentee ballot applications are set to be mailed between April 17-24. Voters are encouraged to complete their application as soon as possible to allow for delivery and processing times. Once an application is verified by the county auditor, a ballot will be mailed to the voter.
State law requires completed absentee ballot applications to be notarized or include a photocopy of an acceptable photo identification card. Acceptable photo identification cards include a South Dakota driver’s license or non-driver ID card, tribal photo ID, passport or other picture ID issued by the United States government, or a current student photo ID issued by a South Dakota high school or postsecondary education institution. Voters lacking access to a copy machine or notary public may take a photo of their ID using their phone or camera and email it to their county auditor. Please contact your county auditor for more information regarding this option. County auditor contact information can be found on the Secretary of State’s website at www.sdsos.gov.
Voters that don’t receive an application due to an undeliverable address and wish to obtain an absentee ballot may request an application from their county auditor or download the form on the Secretary of State’s website at www.sdsos.gov. South Dakota’s primary election will be held June 2, 2020.[7]
”
April 2, 2020: Governor signs legislation allowing local governments to move local elections
On April 2, 2020, Governor Kristi Noem (R) signed legislation allowing local governments to delay any elections scheduled between April 14, 2020, to May 26, 2020, to any Tuesday in June. Omitted from the law were the state’s upcoming June 2, 2020, presidential and down-ballot primaries.
Tennessee
General election changes
Tennessee modified its absentee/mail-in voting procedures and voter identification rules for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Individuals "with a special vulnerability to COVID-19" and "caretakers for individuals with a special vulnerability to COVID-19" were deemed to meet the existing statutory criteria for absentee voting eligibility. A law requiring first-time voters to vote in person was temporarily suspended.
Primary election changes
Tennessee made no changes to its primary election.
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October 19, 2020: Federal appellate court affirms lower court order suspending Tennessee law requiring first-time voters to vote in person
On October 19, 2020, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit unanimously upheld a district court decision that temporarily suspended a Tennessee law requiring first-time voters to vote in person. The Sixth Circuit panel included Judges Karen Moore, Julia Gibbons, and Chad Readler. Writing for the court, Gibbons said, "[Disrupting] the new rules at this point poses significant risk of harm to the public interest in orderly elections. In this instance, there is no substantial harm to [election officials] in continuing to comply with rules they are currently following." The full text of the ruling can be accessed here.[295]
September 9, 2020: Federal judge suspends Tennessee law requiring first-time voters to vote in person
On September 9, 2020, Judge Eli Richardson, of the U.S. District Court for the Middle District of Tennessee, temporarily suspended a Tennessee law requiring first-time voters to vote in perswon. The full text of the order can be accessed here.[296]
August 5, 2020: State supreme court vacates lower court order extending absentee voting eligibility to all voters during the pandemic
On August 6, 2020, the Tennessee Supreme Court vacated a lower court order that had extended absentee voting eligibility to all voters during the course of the COVID-19 pandemic. As a result, the state's standard eligibility criteria would apply to the November 3, 2020, general election. The state granted that "individuals with a special vulnerability to COVID-19" and "or caretakers for individuals with a special vulnerability to COVID-19" would meet the existing statutory criteria for absentee voting eligibility. The high court voted 4-1 on the matter. The validity of absentee ballots cast in the August 6, 2020, primary election was not affected by the decision.[297]
June 24, 2020: State supreme court declines to stay lower court order extending absentee voting eligibility to all voters during the pandemic
On June 24, 2020, the Tennessee Supreme Court declined to stay a lower court order that had extended absentee voting eligibility to all voters during the pandemic. The court did assume jurisdiction over the appeal and granted the state's request for expedited review, but the lower court's order will stand pending appeal.[298]
June 4, 2020: State court extends absentee voting eligibility to all voters during the pandemic
On June 4, 2020, the Chancery Court for Tennessee's Twentieth Judicial District ruled that Tennessee's absentee voting law, which limits eligibility to those meeting certain criteria, "during the unique circumstances of the pandemic, constitutes an unreasonable burden on the fundamental right to vote guaranteed by the Tennessee Constitution." The court ordered the state to extend absentee voting eligibility to all Tennessee voters during the course of the pandemic. The court's complete order can be accessed here.[299]
Texas
General election changes
Texas modified its absentee/mail-in voting, candidate filing, and early voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Local election officials could not reject an absentee ballot due to a perceived signature mismatch unless the voter was given a pre-rejection notice of this finding and a "meaningful opportunity to cure his or her ballot's rejection." Return locations for absentee/mail-in ballots were limited to one per county.
Candidate filing procedures: The petition deadline for independent candidates for non-presidential office was extended to August 13, 2020.
Early voting: Early voting began on October 13, 2020.
Primary election changes
Texas modified its primary election process as follows:
Election postponements: The primary runoff elections were postponed from May 26 to July 14.
Political party events: The Republican Party of Texas convention, scheduled for July 16-18 in Houston, was cancelled. The party conducted its convention online.
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October 30, 2020: Federal appeals court reinstates mask-mandate exemption for polling places
On October 30, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit overturned a lower court's order requiring in-person voters to wear face coverings at the polls.[300]
Judges Priscilla Richman, W. Eugene Davis, and Leslie Southwick ruled unanimously on the matter, writing in their unsigned opinion, "A change in the election rules at this point alters the status quo[.] … [Gov. Greg Abbott's (R) and Secretary of State Ruth Hughs'] unrebutted evidence establishes that changing the election rules in the midst of voting would create disparate treatment of voters, and significant confusion and difficulty for voters and poll workers."[300]
October 28, 2020: Federal judge invalidates mask-mandate exemption for polling places
On October 28, 2020, Judge Jason Pulliam, of the U.S. District Court for the Western District of Texas, temporarily invalidated an exemption for polling places in Governor Greg Abbott's (R) statewide mask mandate.[301]
On July 2, 2020, Abbott issued Executive Order GA-29, which generally required individuals to wear face coverings "when inside a commercial entity or other building or space open to the public, or in an outdoor public space, where it is not feasible to maintain six feet of social distancing." The order exempted individuals who were "voting, assisting a voter, serving as a poll watcher, or actively administering an election." This exemption is referred to as Exemption 8.[302]
On July 16, 2020, the Texas State Conference of the NAACP and Mi Familia Vota sued, alleging Abbott did not "consider how the failure of potential carriers of the coronavirus to wear a mask could put other voters at serious risk merely for exercising their right to vote." Plaintiffs alleged that, because "Black, Latino, and Native American voters have been disproportionately affected by the pandemic," they "also face greater risks to their health by voting."[303]
On September 7, 2020, Pulliam dismissed the lawsuit, finding that, because the plaintiffs had not challenged a specific provision of the state's election laws, the court did not have jurisdiction over the matter.[304]
On October 14, 2020, the U.S. Court of Appeals for the Fifth Circuit partially affirmed Pulliam's ruling. The appellate court instructed Pulliam to reconsider the legality of Exemption 8. In his October 28 ruling, Pulliam said, "[This] court concludes its finding that the mask-mandate Exemption 8 is invalid and void does not 'materially or substantially affect the ongoing election,' and any disruption is outweighed by the racially discriminatory deterrent effect on Black and Latino citizens' fundamental right to vote."[301]
Abbott and Secretary of State Ruth Hughs (R) appealed the decision to the Fifth Circuit.[305]
October 27, 2020: Texas Supreme Court upholds governor's order limiting ballot return locations to one per county
On October 27, 2020, the Texas Supreme Court upheld Governor Greg Abbott's (R) order restricting the number of absentee/mail-in ballot return locations to one per county.[306]
On October 14, 2020, Travis County District Court Judge Tim Sulak ruled against Abbott in a lawsuit challenging the governor's order. Sulak, a Democrat, said, "The limitation to a single drop-off location for mail ballots would likely needlessly and unreasonably increase risks of exposure to COVID-19 infections, and needlessly and unreasonably substantially burden potential voters’ constitutionally protected rights to vote, as a consequence of increased travel and delays, among other things." Attorney General Ken Paxton (R) appealed Sulak's decision to the Third District Court of Appeals, which affirmed the ruling. Paxton appealed again, this time to the state supreme court.[307]
The high court ruled unanimously in Abbott's favor. In an unsigned opinion, the court said, "[Abbott's order] provides Texas voters more ways to vote in the Nov. 3 election than does the Election Code. It does not disenfranchise anyone. The plaintiffs have not established a probable right to an injunction blocking [Abbott's order]. As a result, they were not entitled to a temporary injunction, and the trial court erred in granting that relief. The judgment of the court of appeals is reversed, and the temporary injunction issued by the trial court is dissolved."[306]
October 12, 2020: Federal appeals court upholds governor's order limiting ballot return locations to one per county
On October 12, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a directive by Governor Greg Abbott (R) restricting the number of absentee/mail-in ballot return locations to one per county. On October 9, 2020, Judge Robert Pitman of the U.S. District Court for the Western District of Texas, blocked Abbott's order, prompting Attorney General Ken Paxton (R) to file an emergency motion for a stay to block Pitman's order from taking effect. On October 10, 2020, the Fifth Circuit panel granted Paxton's motion. The Fifth Circuit's October 12 order extended that stay.[308]
The panel included Judges Don Willett, James C. Ho, and Stuart Kyle Duncan, all Donald Trump (R) appointees. Duncan wrote the following in the court's opinion: "Leaving the Governor's October 1 Proclamation in place still gives Texas absentee voters many ways to cast their ballots in the November 3 election. These methods for remote voting outstrip what Texas law previously permitted in a pre-COVID world. The October 1 Proclamation abridges no one's right to vote."[309]
October 9-10, 2020: Federal district court blocks governor's order limiting ballot return locations to one per county; federal appeals court reinstates governor's order
On October 9, 2020, Judge Robert Pitman, of the U.S. District Court for the Western District of Texas, blocked Gov. Greg Abbott's (R) directive restricting the number of absentee/mail-in ballot return locations to one per county. In his order, Pitman wrote, "With no evidence that ballot return centers have jeopardized election integrity in the past, no evidence that they may threaten election integrity in the November Election, the State’s admission that multiple ballot return centers can be open on Election Day, and faced with assertions by the County Clerks that their ballot return centers operate in the same manner as central ballot return centers, the State has not shown that its regulatory interest in smooth election administration is 'important,' much less 'sufficiently weighty' to justify the burden it has placed on absentee voters in Texas." Pitman was appointed to the bench by Barack Obama (D).[310]
On October 10, 2020, Attorney General Ken Paxton (R) filed an emergency motion for a stay to block Pitman's order from taking effect. In a statement, Paxton said, "The district court's order undermines our election security, disrupts the democratic process, and will only lead to voter confusion. It cannot stand. Mail-in ballots are particularly vulnerable to fraud. Protections that ensure their security must be upheld and my office will continue to fight for safe, free and fair elections." Later that day, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit granted Paxton's motion, thereby reinstating Abbott's original order. The panel included Judges Don Willett, James C. Ho, and Stuart Kyle Duncan, all of whom were appointed to the bench by Donald Trump (R).[311][312]
October 1, 2020: Governor limits number of return locations for absentee/mail-in ballots to one per county
On October 1, 2020, Governor Greg Abbott (R) issued a proclamation limiting the number of return locations for absentee/mail-in ballots to one per county. Abbott also directed county clerks to allow poll watchers to observe activity at return locations. The full text of the proclamation can be accessed here.[313]
September 28, 2020: Fifth Circuit appeals court stays lower court order that had reinstated straight-ticket ballot device
On September 28, 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit temporarily stayed a lower court's order that had reinstated Texas' straight-ticket ballot device. The court further stayed the order on September 30, 2020, effectively ensuring that the straight-ticket ballot device would not appear on general election ballots in 2020.[314][315]
September 25, 2020: Federal judge reinstates straight-ticket ballot device
On September 25, 2020, Judge Marina Marmolejo, of the U.S. District Court for the Southern District of Texas, issued an order enjoining state officials from enforcing legislation that had rescinded Texas' straight-ticket ballot option. Marmolejo wrote the following in her opinion: "The Court finds that HB 25 [the legislation eliminating the straight-ticket device], especially as exacerbated by the ongoing pandemic, places a greater than minimal burden on Texans' right to vote and right to associate." The full text of the opinion can be accessed here.[316]
September 8, 2020: Judge orders election officials to give voters the chance to correct ballots with perceived signature mismatches
On September 8, 2020, Judge Orlando Garcia, of the U.S. District Court for the Western District of Texas, ordered Secretary of State Ruth Ruggero Hughs to advise all local election officials that it is unconstitutional to reject an absentee ballot due to a perceived signature mismatch unless the voter is given a pre-rejection notice of this finding and a "meaningful opportunity to cure his or her ballot's rejection." The full text of the order can be accessed here.[317]
July 27, 2020: Governor extends early voting in the November 3, 2020, general election
On July 27, 2020, Governor Greg Abbott (R) issued a proclamation extending the early voting period for the November 3, 2020, general election by six days. Originally scheduled to begin on October 19, 2020, early voting would instead open on October 13, 2020. The full text of the governor's proclamation can be accessed here.[318][319]
July 18, 2020: Federal appellate court overturns district court ruling that had allowed Republican Party state convention to proceed in-person
On July 18, 2020, the United States Court of Appeals for the Fifth Circuit stayed a district court ruling that had allowed the Republican Party of Texas to proceed as planned with its in-person state convention. This ruling by the Fifth Circuit effectively reinstated the cancellation of the convention issued by Houston officials on July 8, 2020.[320]
July 17, 2020: Federal judge rules that Republican Party state convention can proceed as planned
On July 17, 2020, Judge Lynn Hughes, of the United States District Court for the Southern District of Texas, ruled that the Republican Party of Texas could proceed as planned with its-person state convention, overturning the cancellation issued by Houston officials on July 8, 2020. The decision was appealed to the United States Court of Appeals for the Fifth Circuit.[321]
July 13, 2020: Texas Supreme Court declines to bar Houston from canceling Republican Party state convention; party opts to hold virtual convention instead
On July 13, 2020, the Texas Supreme Court dismissed a petition by the state Republican Party requesting that the court intervene and direct the city of Houston to allow the party's state convention to take place as planned. The court dismissed the petition for lack of jurisdiction. In light of the decision, the party's executive committee voted to hold the convention online.[322][323]
July 9, 2020: State judge declines to bar Houston mayor from canceling Republican Party state convention
On July 9, 2020, Judge Larry Weiman, of the Texas 80th District Court, rejected requests from both the Republican Party of Texas and Steve Hotze, a Houston Republican, to bar Houston Mayor Sylvester Turner from canceling the state Republican party convention, originally scheduled for July 16-18. Texas Republican Party Chairman James Dickey said the party would appeal the decision to the state supreme court.[324]
July 8, 2020: Houston officials cancel Republican Party state convention scheduled for July 16-18
On July 8, 2020, Houston Mayor Sylvester Turner announced the cancellation of the state convention of the Republican Party of Texas. The convention had been scheduled for July 16 through July 18 at the George R. Brown Convention Center. Turner cited the COVID-19 epidemic in Houston as the reason for the cancellation. He said, "No one wanted to step in and be the heavy and say no, and then run the risk of being accused of being political. But if after all of that, if you still refuse to recognize the public health danger to everyone involved, then I am still the mayor."[325]
State Republicans criticized the move, saying they intended to pursue legal action against the city. James Dickey, chairman of the state Republican Party, said, "We are prepared to take all necessary steps to proceed in the peaceable exercise of our constitutionally protected rights."[325]
July 2, 2020: U.S. Supreme Court declines to expedite consideration of case involving absentee voting eligibility
On July 2, 2020, the Supreme Court of the United States declined consideration of Texas Democratic Party v. Abbott, a case involving absentee voting eligibility.[326]
June 26, 2020: U.S. Supreme Court declines to reinstate district court order expanding absentee voting eligibility
On June 26, 2020, the Supreme Court of the United States declined to reinstate a district court order that had expanded absentee voting eligibility. An appeals court stayed the district court's order, a decision that was allowed to stand as a result of the Supreme Court's decision not to intervene.[327]
June 4, 2020: Federal appeals court stays district court order extending absentee voting eligibility
On June 4, 2020, a three-judge panel of the United States Court of Appeals for the Fifth Circuit stayed a district court decision ordering that all eligible Texas voters be allowed to cast absentee ballots in order to avoid transmission of COVID-19. As a result, officials were allowed to enforce state laws limiting absentee voting to those meeting specified eligibility criteria. Judge Jerry Edwin Smith, appointed to the court by President Ronald Reagan (R), wrote the following in the court's opinion: "In an order that will be remembered more for audacity than legal reasoning, the district judge intervenes just weeks before an election, entering a sweeping preliminary injunction that requires state officials, inter alia, to distribute mail-in ballots to any eligible voter who wants one. But because the spread of the Virus has not given 'unelected federal jud[ges]' a roving commission to rewrite state election codes, we stay the preliminary injunction pending appeal." Judge James Ho, appointed by President Donald Trump (R), wrote a concurring opinion. Judge Gregg Costa, appointed by President Barack Obama (D), wrote an opinion concurring in the judgment only. The full text of the order, including concurrences, can be accessed here.[328]
On June 16, 2020, the Democratic Party of Texas appealed this decision to the Supreme Court of the United States. The full text of the petition can be accessed here.[329]
May 27, 2020: Texas supreme court rules that a voter's lack of immunity does not qualify as a disability for absentee voting purposes
On May 27, 2020, the Texas state supreme court ruled that a voter's lack of immunity to COVID-19 does not qualify as a disability under the state's election laws and, therefore, cannot be cited as an excuse for voting absentee. This ruling overturned two lower court rulings to the contrary. The court ruled unanimously on the matter. Chief Justice Nathan Hecht wrote the following in the court's opinion: "We agree with the State that a voter's lack of immunity to COVID-19, without more, is not a 'disability' as defined by the Election Code. But the State acknowledges that election officials have no responsibility to question or investigate a ballot application that is valid on its face. The decision to apply to vote by mail based on a disability is the voter's, subject to a correct understanding of the statutory definition of 'disability.'"[330]
May 19, 2020: Federal judge extends absentee voting eligibility in response to COVID-19; federal appeals court grants administrative stay of the ruling
On May 19, 2020, Judge Samuel Frederick Biery, of the United States District Court for the Western District of Texas, ordered that all eligible Texas voters be allowed to cast absentee ballots in order to avoid transmission of COVID-19. In his opinion, Biery wrote, "The Texas Election Code allows citizens over 65 without a disability to vote by mail. Thus, the Texas vote-by-mail statute provides for the health safety of mail ballots for those 65 years of age and older but not those 64, 364 days and younger. The court finds no rational basis for such distinction and concludes the statute also violates the clear text of the Twenty-Sixth Amendment under a strict scrutiny analysis." Biery also construed lack of immunity to, and fear and anxiety over, COVID-19 as disabilities within the context of the state election code and the state's absentee voting eligibility criteria.[331]
Texas Attorney General Ken Paxton (R) said he would appeal the decision to the United States Court of Appeals for the Fifth Circuit. Paxton said, "The district court's opinion ignores the evidence and disregards well-established law."[332]
Later the same day, the United States Court of Appeals for the Fifth Circuit issued an administrative stay barring enforcement of Biery's order pending further consideration by the appeals court.[333]
May 15, 2020: Texas supreme court stays lower court order extending absentee voting eligibility in response to COVID-19
On May 15, 2020, The Texas Supreme Court stayed a lower court ruling extending absentee voting eligibility in response to COVID-19, pending full consideration of the case.[334]
May 14, 2020: Texas state appeals court affirms lower court order extending absentee voting eligibility in response to COVID-19
On May 14, a three-judge panel of the 14th Court of Appeals voted 2-1 to affirm a trial court's ruling expanding absentee voting eligibility in response to the COVID-19 outbreak.[335]
April 17, 2020: Texas state court extends absentee voting eligibility in response to COVID-19
On April 17, 2020, Judge Tim Sulak, of the Travis County District Court, issued a temporary injunction barring Texas election officials from refusing to grant absentee ballots to, or the count the absentee ballots of, voters claiming the disability eligibility category due to concerns over COVID-19. The order came as the result of a lawsuit filed by the Texas Democratic Party, the League of Women Voters, and others against the state of Texas. In his order, Sulak said, "Plaintiffs will suffer immediate, irreparable injury without an injunction prohibiting Defendant from denying mail ballot applications based on the disability caused by COVID-19 and from rejection of mail-in ballots cast under those circumstances because they will be forced either to vote in-person and risk transmission of a deadly illness or lose their ability to vote entirely." Sulak's order extended to July 27, 2020, at which time a conference was scheduled to consider "the continued propriety of this Temporary Injunction Order." The full text of Sulak's order can be accessed here.[336]
In an advisory letter sent to Representative Stephanie Klick (R), Attorney General Ken Paxton (R) said, "Mail ballots based on disability are specifically reserved for those who are legitimately ill and cannot vote in-person without needing assistance or jeopardizing their health. Fear of contracting COVID-19 does not amount to a sickness or physical condition as required by state law." The state appealed Sulak's order.[337]
April 6, 2020: Governor suspends convention deadline for parties that nominate by convention
On April 6, 2020, Governor Greg Abbott (R) issued an order authorizing parties that nominate by convention to postpone those conventions or conduct them remotely.[338]
March 23, 2020: Texas postpones petition deadline for independent, non-presidential candidates to August 13, 2020
On March 23, 2020, Texas' secretary of state determined that the petition deadline for independent candidates for non-presidential office would be extended to August 13, 2020. State statutes establish the deadline as 30 days after the primary runoff date, which was postponed to July 14, 2020.[339]
March 20, 2020: Texas postpones primary runoff elections to July 14, 2020
On March 20, 2020, Governor Greg Abbott (R) issued a proclamation postponing primary runoff elections, originally scheduled for May 26, 2020, to July 14, 2020. The early voting period was initially set to open on July 6, 2020. A subsequent gubernatorial proclamation established the early voting start date as June 29, 2020.[340][341][342]
March 16, 2020: Texas postpones special election for Texas State Senate District 14 to July 14, 2020
On March 16, 2020, Governor Greg Abbott (R) announced the postponement of the special election for Texas State Senate District 14, originally scheduled for May 2, 2020, to July 14, 2020. The early voting period was set to open on June 29, 2020.[343]
Utah
General election changes
Utah modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: The third-party collection and return of absentee ballots was restricted to individuals residing in the same household as the voter.
Primary election changes
Utah modified its primary election process as follows:
Candidate filing procedures: Candidate and campaigns were allowed to deliver petition sheets to voters electronically. Voters were allowed to return signed petition sheets electronically or by mail.
Voting procedures: In-person Election Day voting, in-person early voting, and in-person voter registration in the primary election were cancelled.
Political party events: The Democratic Party of Utah canceled both its caucuses and its state convention. The Republican Party of Utah postponed caucuses and canceled its in-person state convention.
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August 31, 2020: Governor signs legislation making changes to administration of November 3, 2020, general election
On August 31, 2020, Governor Gary Herbert (R) signed SB6007 into law. The legislation made several temporary changes to administration procedures for the November 3, 2020, general election:[344]
"A county is required to provide in-person voting, for both early voting and on election day, by traditional voting or outdoor voting."
"Requires the lieutenant governor's office to: issue protocols to protect the health and safety of voters and government employees, including poll workers, in the conduct of the 2020 regular general election; and conduct a campaign to educate the public on the provisions of this bill and to encourage voting by mail."
"Authorizes the lieutenant governor's office to make other modifications relating to deadlines, locations, and methods of conducting the 2020 regular general election to the extent the modifications are necessary to carry out the provisions of this bill."
Restricts third-party collection and return of absentee ballots in most instances to individuals residing in the same household as the voter.
April 22, 2020: Utah governor signs legislation eliminating in-person voting in June 30, 2020, primary
On April 22, 2020, Governor Gary Herbert (R) signed HB3005 into law, canceling in-person Election Day voting, in-person early voting, and in-person voter registration in the June 30, 2020, election. These actions did not apply to San Juan County. The legislation also extended the postmark deadline for mail-in ballots to June 30, 2020. The voter registration deadline was set to occur on June 19, 2020.[345][346]
Prior to the COVID-19 outbreak, Utah had already implemented a permanent automatic mail-in ballot system. For more information, see this article.
March 26, 2020: Utah governor issues executive order allowing candidates and campaigns to deliver petition sheets to voters electronically
On March 26, 2020, Utah Governor Gary Herbert (R) issued an executive order authorizing a candidate and/or campaign to deliver petition sheets to voters electronically. The order also permitted voters to return signed petition sheets electronically or by mail.[347]
March 14, 2020: Utah Democrats cancel state caucus nights
The Democratic Party of Utah announced on March 14, 2020, that its state caucus nights in all 29 counties would be canceled. In a statement, the party said:[348]
“
Today the Utah Democratic Party (UDP) State Central Committee, comprised of Democratic state, county, and elected leaders, passed measures to address the upcoming caucus night on March 24 and conventions.
The State Central Committee has granted the UDP leadership authority to do the following:
1. Cancel caucus nights in each of the 29 counties and allow delegates previously elected in 2018 to continue their service, if they so choose. Counties will also be given authorization to make available to the public applications from individuals who are not delegates but interested in becoming delegates. Maximum flexibility under the law and UDP rules will be given to County Executive Committees to implement these changes.
2. Shift County and State Conventions from in-person events to mobile events by instituting a “drive-by balloting” mechanism. This will ensure only credentialed delegates participate in voting. The annual Taylor and Mayne event will be rescheduled for a later date.
3. Allow national delegate selection also to be done by “drive-by balloting.” The UDP will continue working with the Democratic National Committee, as it has been for the last several days, to ensure this process is as transparent, equitable and efficient as possible. We are also pleased to have the support of this aspect of the plan by local leaders of the Bernie Sanders and Joe Biden campaigns.
4. Inform, upon the conclusion of the filing period on March 19, 2020, properly filed candidates about how counties and the UDP intend to help them reach delegates and voters over the rest of the campaign season.
Given the ever-changing situation, the UDP leadership has been given authority to adjust, modify, change or rescind aspects of this plan as dictated by federal, state or local law, or as circumstances dictate.[7]
”
March 13, 2020: Utah Democrats cancel state convention
The Democratic Party of Utah announced March 13, 2020, that its state convention would be canceled. In a statement, the party said:[349]
“
There is nothing that the Utah Democratic Party values more than the people's health and wellbeing. As a result of the COVID-19 outbreak in the United States, and the Governor's recent statement limiting meeting sizes to slow the spread of the virus, the Utah Democratic Party will be restructuring its upcoming state convention. Although we are unable to release details at this time, all in-person events originally scheduled for April 24 and April 25 will be cancelled.
County Party Charis have been instructed to restructure caucus meetings and county conventions as they see fit with a focus on protecting the public health. While the UDP is not mandating cancellation of caucus meetings on March 24, given the continued spread of illness, the UDP is strongly advising counties to find alternatives to mass gatherings at schools, libraries, or other locations as is customary.
County Party Chairs will also receive dispensation from county constitutional provisions that require specific procedures for county conventions. County conventions, which often involve hundreds to thousands of people, will not be held in-person. Counties may conduct conventions in other formats, and the UDP will aid counties in this process.
Although we recognize that many want specifics, with the fast-changing situation, it is impossible for us to provide specific details currently. The UDP will continue to work with state and local officials, county party leadership, and party members to do everything possible to protect the public health while meeting legal requirements for nominating candidates.[7]
”
March 12, 2020: Utah Republicans postpone caucuses and cancel in-person state convention
On March 12, 2020, Utah Republican Party Chairman Derek Brown announced that the party would postpone its caucuses and cancel its in-person state convention, opting instead to conduct convention business online. His full statement is included below:[350]
“
Earlier today, Governor Herbert announced that public gatherings in Utah should be limited to 100 people. He also recommended that for individuals who are either immunocompromised or over the age of 60, gatherings should be limited to 20 people. Many of the schools—where our caucus night gatherings are scheduled to occur—have also announced that they will not allow facilities to be used for any event that would violate the Governor’s request.
For the Utah Republican Party, the safety of our members is our paramount concern. In light of the recommendations by state health officials and our Governor, the Utah Republican Party will comply with this directive and postpone our March 24 caucus night meetings.
As we announced last night, we will also be restructuring our state convention format, and will not host an in-person convention on April 25. The vetting and candidate voting traditionally associated with the Republican State Nominating Convention will still occur, but it will operate primarily in an online format. While candidates and delegates may still meet during this time, we would encourage them to be cautious, and do so in a format that complies with the Governor’s request.
In 2018, the caucus attendees for the Utah Republican Party selected 4000 delegates state-wide, with their election continuing until they were replaced in a subsequent caucus meeting election. As the terms of those delegates have not yet expired, those state delegates will continue to serve as state delegates for our 2020 convention election process. We thank them, in advance, for their service, and will immediately begin reaching out to those delegates to notify them. We will also work with our county parties to assist them in making similar accommodations that comply with the Governor’s request.
As a party, we are excited about the opportunity to incorporate the latest technology in the candidate vetting and selection process. This is something we have been working on for a while, and while the timing is not what we had planned, we are confident that our delegates will find the process both enjoyable and rewarding.[7]
”
Vermont
General election changes
Vermont modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Mail-in ballots were sent to all registered voters in the general election.
Primary election changes
Vermont modified its primary election process as follows:
Candidate filing procedures: The candidate petition signature gathering requirements were suspended for the primary election.
Voting procedures: Mail-in ballots request forms sent to all registered voters in the primary election.
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July 20, 2020: Vermont to send mail-in ballots to all eligible voters in the November 3, 2020, general election
On July 20, 2020, Vermont Secretary of State Jim Condos (D) issued a directive that a mail-in ballot be sent automatically to every active registered voter in the November 3, 2020, general election. The directive made a number of other procedural modifications to both the August 11, 2020, primary election and the November 3, 2020, general election. The full directive can be accessed here.[351]
July 14, 2020: Vermont to send mail-in ballot request forms to all eligible voters in the August 11, 2020, primary election
On July 14, 2020, Vermont Secretary of State Jim Condos (D) announced that the state would send mail-in ballot request forms to all eligible voters in the August 11, 2020, primary election. Condos said the state would send postcards with tear-off, postage prepaid request forms to all active registered voters.[352]
July 2, 2020: Legislation enacted authorizing secretary of state to implement election changes without governor's approval
On July 2, 2020, S348 became law without the signature of Gov. Phil Scott (R). The legislation authorized the secretary of state to implement modifications to election procedures without the approval of the governor. The legislation was set to apply only to 2020 elections.[353]
March 30, 2020: Vermont enacts multiple temporary changes to election administration procedures
On March 30, 2020, Governor Phil Scott (R) signed H0681 into law, making a series of temporary changes to the state's election laws in response to the coronavirus outbreak:[354]
Suspending candidate petition signature gathering requirements for both the August primary and the November general elections
Authorizing local legislative bodies to transition upcoming local elections from floor meetings to Australian ballot (i.e., secret ballot) elections
Authorizing the secretary of state, with the consent of the governor, to enact temporary changes to election procedures (e.g., expanding voting by mail)
The full press release announcing these changes is presented below.
“
Montpelier, VT – Today Vermont Secretary of State Jim Condos announced a series of temporary changes to Vermont’s election laws passed by the Legislature and signed into law by the Governor, in response to the COVID-19 pandemic to ensure that Vermont is prepared to safeguard the integrity of elections and the public’s health in the face of this global pandemic.
“Fair and free elections are the foundation of our democracy,” said Secretary Condos. “These temporary changes to Vermont’s election laws will allow us to be nimble, and adapt our elections process to ensure every eligible voter who wishes to vote can cast their ballot safely, without increasing exposure or putting their health and the health of other voters, election workers, and candidates at further risk.”
The Vermont Secretary of State’s office had previously issued recommendations to the Legislature on temporary changes to Vermont’s election laws during the 2020 COVID-19 health crisis and response. Secretary Condos, Deputy Secretary of State Chris Winters, and Elections Director Will Senning worked with legislators, legislative committees of jurisdiction, and the Governor’s office on an elections bill, H.681, which was passed by the Legislature and signed into law by the Governor on March 30th.
Changes include the waiving of candidate petition signature gathering requirements for the August statewide primary elections and November General elections. All candidates wishing to appear on the ballot will still be required to file financial disclosure statements and consent of candidate forms.
“Eliminating the requirement for candidates to collect signatures for petitions is necessary in this time when we are sheltering at home, avoiding gatherings, and avoiding unnecessary contact with other people,” said Elections Director Will Senning. “We all have a responsibility to limit our exposure and contact based on recommendations by the Vermont Department of Health and Centers for Disease Control and Prevention. This common-sense measure will help keep candidates and voters safe.”
The new law empowers municipal legislative bodies to change upcoming local elections during the 2020 COVID-19 crisis from floor meetings to Australian ballot, without requiring a full vote of the town.
“As we plan for all outcomes with our local, state, and federal partners, I want to express my sincere gratitude to Vermont’s Town and City Clerks, who keep the front doors to our democracy open for Vermont voters,” said Secretary Condos. “Their jobs, like many of us, have taken on an increasing difficulty in these trying times, and I look forward to working with them, and supporting their offices, planning for our 2020 elections.”
Lastly, this new temporary law also creates emergency powers to allow the Secretary of State’s office, with the agreement of the Governor, to enact the necessary measures to enable Vermonters to vote safely during the 2020 COVID-19 health crisis. Such measures could include the mailing of ballots to every registered voter, an extended cutoff for Clerks to receive voted ballots, an expanded window for Clerks to process voted ballots, the creation of secure ballot return stations, or the moving of polling locations, as examples.
“We hope to not have to make any changes to Vermont’s election procedures, but that would be a very optimistic outlook,” said Secretary Condos. “We have no idea what this health emergency will look like in one month, 5 months, or 8, and so we need to be planning now to make sure that voters can still vote, and that our democracy can still thrive during crisis.”
Secretary Condos continued, “whatever options we decide to use will only be enacted after carefully consultation with our federal, state and local partners. Planning at all levels, starting now, will be crucial to our success. No one should have to choose between protecting their health and exercising their right to vote. This virus has disrupted our lives in so many ways, but it does not have to disrupt our democratic process.”
For more information and guidance on elections during the COVID-19 state of emergency, visit the Elections Division COVID-19 Response page on the Vermont Secretary of State’s website at https://sos.vermont.gov/elections/about/covid-19-response/.[7]
”
Virginia
General election changes
Virginia modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Drop-boxes to return absentee and mail-in ballots were used for the general election. The witness requirement for absentee voting was suspended, and all absentee and mail-in ballots had prepaid return postage.
Voter registration: The state's voter registration deadline was extended from October 13, 2020, to October 15, 2020.[355]
Candidate filing procedures: Petition signature requirements for unaffiliated and minor-party candidates for federal office in Virginia were reduced as follows: 2,500 signatures for presidential candidates; 3,500 signatures for U.S. Senate candidates; and 350 signatures for U.S. House candidates. The filing deadline for unaffiliated and minor-party congressional candidates was extended to August 1.
Primary election changes
Virginia modified its primary election process as follows:
Election postponements: The primary election was postponed from June 9 to June 23.
Voting procedures: The witness requirement for absentee voting in the primary election was suspended.
Political party events: The Democratic Party of Virginia opted to conduct its state convention remotely. The Republican Party of Virginia postponed its 5th Congressional District and 7th Congressional District conventions to June 13 July 18, respectively.
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October 28, 2020: State judge bars post-Election Day acceptable of absentee/mail-in ballots without postmarks
On October 28, 2020, Frederick County Circuit Court Judge William W. Eldridge ruled that absentee/mail-in ballots that are not postmarked could not be accepted if they were received after Election Day. Eldridge added that election officials could accept a ballot with an illegible postmark for up to three days after Election Day, provided the voter casting the ballot signed and dated the accompanying oath before the election.[356]
On August 4, 2020, the Virginia Department of Elections released guidance directing local election authorities to accept absentee/mail-in ballots received by noon on November 6, 2020, if they "have a postmark, or the postmark is missing or illegible."[356]
Thomas Reed, a member of the Frederick County Board of Elections, filed suit, alleging that this guidance contradicted state law, which provides that "any absentee ballot returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and postmarked on or before the date of the election shall be counted."[356]
October 14, 2020: Federal judge extends voter registration deadline
On October 14, 2020, Judge John A. Gibney, of the U.S. District Court for the Eastern District of Virginia, ordered that Virginia's voter registration deadline be extended from October 13, 2020, to October 15, 2020.[357]
On October 13, 2020, Virginia's online voter registration system went down for several hours after a fiber optic cable was accidentally severed. The New Virginia Majority Education Fund, the Virginia Civic Engagement Table, and the League of Women Voters of Virginia filed suit against the state, seeking an extension of the registration deadline. Attorney General Mark Herring (D) filed a brief in support of an order to extend the deadline. Governor Ralph Northam (D) also voiced his support for an extension. Both Herring and Northam said that the state could not unilaterally extend the statutory deadline, absent a court order.[358]
September 4, 2020: Governor signs law providing for absentee/mail-in ballot return drop-boxes, prepaid return postage
On September 4, 2020, Governor Ralph Northam (D) signed into law legislation providing for the use of drop-boxes to return absentee/mail-in ballots. The enacted legislation also provided for prepaid return postage.[359]
August 5, 2020: Witness requirement for absentee ballots suspended in the November 3, 2020, general election
On August 5, 2020, the parties in League of Women Voters of Virginia v. Virginia State Board of Elections reached a settlement providing for the suspension of the Virginia's witness requirement for absentee ballots in the November 3, 2020, general election. Under the terms of the settlement, state election officials agreed not to enforce the statutory requirement that an absentee voter have another individual "sign the absentee ballot envelope next to the voter's statement and signature." A federal judge approved the terms of the settlement on August 21, 2020.[360]
July 15, 2020: Federal judge modifies filing requirements for unaffiliated and minor-party candidates for federal office in Virginia
On July 15, 2020, Judge John A. Gibney, of the United States District Court for the Eastern District of Virginia, issued his ruling in Constitution Party of Virginia v. Virginia State Board of Elections. He reduced petition signature requirements for unaffiliated and minor-party candidates for federal office in Virginia as follows: 2,500 signatures for presidential candidates; 3,500 signatures for U.S. Senate candidates; and 350 signatures for U.S. House candidates. The original signature requirements were 5,000; 10,000; and 1,000, respectively. Gibney also extended the filing deadline for unaffiliated and minor-party congressional candidates to August 1, 2020. The order extended only to the Libertarian, Green, Constitution, and Independent Green parties and their plaintiff-candidates.[361]
May 11, 2020: Republicans postpone 5th Congressional District convention to June 13, 2020
On April 12, 2020, the Republican congressional committee of Virginia's 5th Congressional District voted to postpone its convention, originally scheduled for April 25, 2020, indefinitely. On May 11, the committee selected June 13, 2020, as the new convention date.[362][363]
May 5, 2020: Federal judge approves settlement suspending witness requirement for absentee voting in the June 23, 2020, primary
On May 5, 2020, Judge Norman Moon, of the United States District Court for the Western District of Virginia, approved a settlement between the parties in League of Women Voters of Virginia v. Virginia State Board of Elections. As a result, the witness requirement for absentee voting in the June 23, 2020, primary was suspended. The full text of the settlement and order is available here.[364]
April 15, 2020: Democratic Party of Virginia opts to conduct its state convention remotely
On April 15, 2020, Susan Swecker, chairwoman of the Democratic Party of Virginia, announced that the party would conduct its state convention, scheduled to take place on June 20, 2020, remotely on that day. Swecker said, "Given the Governor’s stay-at-home order and to keep everyone safe, our steering committee unanimously voted to have a virtual convention this year. We have been hard at work setting up a reliable and secure way to select our delegates and bring the Party together to nominate Vice President Joe Biden."[365]
April 14, 2020: Judge extends deadline for Republicans to select nominee for 7th Congressional District
On April 14, 2020, Judge Bradley B. Cavedo, of Virginia's 13th Judicial Circuit, extended the deadline for the Republican Party of Virginia to select its nominee for the 7th Congressional District election to July 28, 2020. The original deadline was June 9, 2020. The party had originally intended to select its nominee at a convention originally scheduled to take place on April 25, 2020. The party postponed that convention, initially indefinitely. On May 14, the party rescheduled the nominating convention for July 18, 2020.[365][366]
April 8, 2020: Governor postpones statewide primary election to June 23, 2020
On April 8, 2020, Virginia Governor Ralph Northam (D) postponed the statewide primary, originally scheduled for June 9, 2020, to June 23, 2020. Northam also requested that the Virginia General Assembly postpone all general and special elections originally scheduled for May to November 3, 2020. The press release announcing the postponement is presented below.[367]
“
RICHMOND—Governor Ralph Northam today requested the General Assembly move the May General Election and all special elections scheduled for May 5, 2020 to the November 3, 2020 General Election date to further mitigate the spread of COVID-19. The Governor is also exercising his statutory authority (§ 24.2-603.1 of the Code of Virginia) to move the June primary elections from June 9, 2020 to June 23, 2020.
“As other states have shown, conducting an election in the middle of this global pandemic would bring unprecedented challenges and potential risk to voters and those who work at polling places across the Commonwealth,” said Governor Northam. “Making these decisions now will help election officials prepare and implement the necessary changes. This is about protecting the health and safety of Virginians during this pandemic and ensuring our citizens can make their voices heard in a safe, fair, and uniform manner. I urge the General Assembly to do their part and take action to move our upcoming elections.”
“Free and fair elections are at the core of our democracy and no Virginian should have to choose between their health and exercising their right to vote, said Attorney General Herring. “I’m proud to have worked closely with Governor Northam and his team on a solution that protects both public health and the integrity of our elections.”
Moving the upcoming May elections requires action by the General Assembly. The plan the Governor is proposing includes the following measures:
There will be one ballot in November.
Voters who are qualified in November will be able to vote in November. An individual who was not qualified in May but is qualified in November will be able to vote.
All absentee ballots already cast will be discarded. Virginians will have an opportunity to vote for local elected officials in November.
Those officials whose terms are to expire as of June 30, 2020 will continue in office until their successors have been elected on the November 3, 2020 and have been qualified to serve.
For additional resources and information about Virginia’s COVID-19 response, please visit virginia.gov/coronavirus.[7]
”
April 5, 2020: Republicans postpone 7th Congressional District convention indefinitely
On April 5, 2020, the Republican congressional committee of Virginia's 7th Congressional District voted to postpone its convention, originally scheduled for April 25, 2020, indefinitely.[368]
March 25, 2020: State judge reduces petition signature requirement for Republican primary candidates for United States Senate
On March 25, 2020, Judge W. Reilly Marchant issued an order reducing the petition signature requirement for Republican primary candidates for the United States Senate to 3,500. The statutory minimum was 10,000. The order resulted from a lawsuit filed by Republican candidate Omari Faulkner, who argued that the statutory requirement was unreasonable in light of social distancing measures implemented in response to the coronavirus outbreak. Marchant's order applied only to Republican candidates in the United States Senate primary scheduled for June 9, 2020.[369]
March 16, 2020: Virginia Department of Elections authorizes all voters to cast absentee ballots in May 2020 municipal elections
On March 16, 2020, the Virginia Department of Elections announced that all voters would be permitted to cast absentee ballots in municipal elections scheduled for May 2020. Elections Commissioner Chris Piper said that voters could cite reason code 2A, which covers disability or illness and requires no supporting documentation, on their absentee ballot applications.[370]
Washington
General election changes
Washington did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Washington made no changes to its primary election.
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May 5, 2020: Washington waives petition requirement for candidates who cannot afford to pay filing fees
On May 5, 2020, Governor Jay Inslee (D) issued an executive order waiving the petition requirement for candidates who cannot afford to pay the filing fees associated with the offices being sought. Instead, such candidates will be required to sign a statement, under penalty of perjury, that they "lack sufficient assets or income at the time of filing to pay the filing fee."[371]
Washington, D.C.
General election changes
Absentee/mail-in voting: Absentee/mail-in ballots were sent automatically to all registered voters in the general election.
Primary election changes
Washington, D.C. modified its primary election process as follows:
Voting procedures: Absentee ballot applications sent to all registered voters in the primary election.
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June 17, 2020: Washington, D.C., to send all registered voters absentee/mail-in ballots in advance of November 3, 2020, general election
On June 17, 2020, the District of Columbia Board of Elections announced that it would automatically send absentee/mail-in ballots to all registered voters in the November 3, 2020, general election.[372][373]
April 10, 2020: Washington, D.C., to send all registered voters absentee ballot applications in advance of June 2, 2020, primary election
On April 10, 2020, Washington, D.C., Mayor Muriel Bowser (D) signed B23-0733 into law, directing the district's election officials to send absentee ballot applications to all registered voters in advance of the June 2, 2020, primary election. The full text of the legislation, which also deals with topics other than election administration, can be accessed here.[374]
West Virginia
General election changes
West Virginia modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: All voters "concerned about their health and safety because of COVID-19" were eligible to vote absentee in the general election. An online absentee ballot request portal was created.
Primary election changes
West Virginia modified its primary election process as follows:
Election postponements: The primary election was postponed from May 12 to June 9.
Voting procedures: Absentee ballot application mailed to every registered voter for the primary election.
Click the gray bar below for more detailed information.
July 27, 2020: West Virginia expands absentee voting eligibility, creates online application portal for November 3, 2020, general election
On July 27, 2020, West Virginia Secretary of State Mac Warner (R) announced that all voters "concerned about their health and safety because of COVID-19" would be eligible to vote absentee in the November 3, 2020, general election. Warner also announced the implementation of online absentee ballot request portal for the general election.[375]
April 1, 2020: West Virginia postpones statewide primary election to June 9, 2020
On April 1, 2020, Governor Jim Justice (R) issued Executive Order 18-20, postponing West Virginia's statewide primary election to June 9, 2020. The primary was originally scheduled to take place May 12, 2020. According to the press release announcing the postponement (presented in full below), "Secretary of State [Mac] Warner said his office continues to work in conjunction with county clerks across the state and that details for the new election day are being finalized."
“
CHARLESTON, WV - Gov. Jim Justice joined State health leaders, officials from his administration, Attorney General Patrick Morrisey, and Secretary of State Mac Warner at the Capitol Complex in Charleston today for a virtual press briefing to once again update the public on the many measures being taken in the interest of protecting the public from the spread of novel coronavirus disease 2019 (COVID-19).
Gov. Jim Justice announced today that after consulting with the state’s medical experts, along with Secretary of State Mac Warner and Attorney General Patrick Morrisey, West Virginia’s 2020 Primary Election is being moved to June 9 instead of the originally scheduled date of May 12.
“I want everyone to know this, the privilege of voting is so important and I support allowing the people of West Virginia to vote by every way possible,” Gov. Justice said. “Like our seniors, who take great pride in going to the polls like they have all their lives. I don’t want to take that away from them.
“Now I asked my medical experts, based on where we are today with COVID-19, can the people of West Virginia safely vote in the primary election on May 12 at their polling place?
“They told me no,” Gov. Justice stated. “So today, after working closely with our great Secretary of State and Attorney General, we are announcing a 27-day delay in the election. I will sign the executive order today.
“The new primary election date is Tuesday, June 9, 2020, and I hope this is the largest turnout ever! During both peace and war, Americans always vote. I will always support West Virginians voting in every way possible.”
Secretary of State Warner said his office continues to work in conjunction with county clerks across the state and that details for the new election day are being finalized. He encouraged citizens seeking more information to go to the Secretary of State's website. Gov. Justice also commended the county clerks for their work, especially in these difficult times.
Attorney General Morrisey confirmed that Gov. Justice has the power to change the date of the election and that he believes the decision unquestionably “protects and defends the constitutional rights of West Virginians” while also protecting the “health and safety” of our citizens and poll workers.[7]
”
March 26, 2020: Secretary of state directs county clerks to mail every registered voter an absentee ballot application in advance of May 12, 2020, primary
On March 26, 2020, West Virginia Secretary of State Mac Warner (R) issued guidance directing the state's county clerks to mail every registered voter in the state an absentee ballot application in advance of the May 12, 2020, primary election. The deadlines for submitting an absentee ballot application and a completed absentee ballot were not changed:[376]
Deadline for county clerks to receive absentee ballot applications: May 6, 2020
Postmark deadline for completed absentee ballots: May 12, 2020
The press release announcing this directive is provided in full below:
“
Charleston, W.Va. — Secretary of State Mac Warner announced today that he has issued guidance and a funding opportunity to assist county clerks with mailing an absentee ballot application to every registered voter in West Virginia. Returning the absentee ballot application is the first step to receiving the official ballot via mail. During the State of Emergency, every registered WV voter is eligible to vote an absentee-by-mail ballot in the May 12 Primary Election.
There are three simple steps for voting an absentee-by-mail ballot: (1) the voter submits an absentee ballot application to their county clerk; (2) once approved, the county clerk will mail a postage prepaid absentee ballot with instructions and materials to the voter; and (3) the voter marks the absentee ballot according to the instructions and places it in the mail to be postmarked by Election Day, May 12, 2020.
The goal of this uniform, statewide mailing is to ensure every eligible voter has an opportunity to vote while protecting the health of voters, county clerks’ staff members, election workers, and the general public, while maximizing participation in the May 12 Primary Election. Secretary Warner’s Office will reimburse the cost of the mailings to county clerks in an expedited fashion to reduce the increased financial burden on county budgets.
"The Governor, Attorney General, county clerks and I have zealously worked together within state law to balance health concerns with the ease of voting," Warner said. "We have determined that the absentee voting process is the safest method. By sending an absentee application to all registered voters, it encourages voters to participate in the election in the safest manner possible without having to leave their house. Your ballot box is as close as your mailbox.”
Warner said that voters can expect to receive an absentee ballot application sometime during the week of April 6. Voters who have already requested or submitted an absentee application to their county clerk will be excluded from the mailing to prevent confusion and duplication. However, there may be overlap in requests and mailings by clerks due to natural postal delays, so any voter who receives more than one absentee application may disregard additional application mailings.
Important deadlines apply to the absentee ballot application and voting process, which are different than in-person voting. Those key deadlines are:
Absentee ballot applications must be received by the county clerk on, or before, May 6, 2020
Absentee ballots must be postmarked by Election Day, May 12, 2020
Other key dates to remember include the last day to register to vote for the Primary Election, April 21; early in-person voting from April 29 to May 9; and Election Day, May 12.
The Secretary of State and county clerks recommend that voters return their applications as soon as possible. This will help county clerks and their staff process the applications and place absentee ballots in the mail in a timely manner. When voters receive their absentee ballot, it is also recommended that they return the ballot in a reasonable time to help facilitate the administration of the election and speed up the tabulation process after the election.
The Secretary of State's Office established a website, GoVoteWV.com, to provide information and educate voters on the election process, including absentee voting, updated registration/polling place locations, poll worker opportunities, and auxiliary positions. With 1,723 polling locations throughout the state, it takes more than 9,000 election day workers and county employees to manage a statewide election. New poll workers and auxiliary staff will be needed to administer this election, so watch for future announcements about these opportunities.
Warner reminds West Virginians that there are only two trusted sources for election information – the WV Secretary of State's Office and your county clerk. Voters with questions or concerns can contact the Secretary of State’s Office at 304-558-6000 or by sending a message to Elections@wvsos.gov. To find your county clerk's contact information, visit the directory at GoVoteWV.com.[7]
”
Wisconsin
General election changes
Wisconsin modified its absentee/mail-in voting procedures for the November 3, 2020, general election as follows:
Absentee/mail-in voting: Absentee and mail-in ballot applications were sent to most registered voters in the general election.
Primary election changes
Political party events in Wisconsin were modified as follows:
Political party events: The Republican Party of Wisconsin postponed its state convention, originally scheduled to take place in May, to July 10-11.
Click the gray bar below for more detailed information.
October 8, 2020: U.S. Supreme Court declines to reinstate absentee/mail-in ballot receipt deadline extension
On October 8, 2020, the U.S. Supreme Court voted 5-3 against reinstating a court-ordered extension of the receipt deadline for absentee/mail-in ballots. As a result, the statutory receipt deadline (November 3, 2020) was allowed to stand.[377]
On September 21, 2020, Judge William M. Conley, of the U.S. District Court for the Western District of Wisconsin, issued an order extending the ballot receipt deadline to November 9, 2020, for ballots postmarked on or before Election Day. However, Conley immediately suspended his ruling pending appeal. On October 8, 2020, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to block Conley's order. As a result, the ballot receipt deadline reverted to its original date: November 3, 2020. Judges Frank Easterbrook and Amy St. Eve formed the majority. Judge Ilana Rovner dissented. Several groups – including the Democratic National Committee and the League of Women Voters of Wisconsin – petitioned the U.S. Supreme Court to reinstate the deadline extension.[378]
In his opinion concurring in the judgment of the court, Kavanaugh said, "[The] district court's injunction was unwarranted for three alternative and independent reasons: The District Court changed the state election laws too close to the election. It misapprehended the limited role of federal courts in COVID–19 cases. And it did not sufficiently appreciate the significance of election deadlines." Roberts and Gorsuch also wrote concurring opinions.[377]
In her dissent, Kagan said, "The facts, as found by the district court, are clear: Tens of thousands of Wisconsinites, through no fault of their own, may receive their mail ballots too late to return them by Election Day. Without the district court’s order, they must opt between 'brav[ing] the polls,' with all the risk that entails, and 'los[ing] their right to vote.'" Breyer and Sotomayor joined Kagan's dissent.
October 8, 2020: Federal appeals panel stays lower court's extension of absentee/mail-in ballot return, voter registration deadlines
On October 8, 2020, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to stay a lower court order that had extended registration and absentee/mail-in ballot return deadlines in Wisconsin. As a result, these deadlines reverted to their original dates: October 14, 2020, for online and mail-in voter registration, and November 3, 2020, for receipt of completed absentee/mail-in ballots.[378]
On September 21, 2020, Judge Judge William M. Conley, of the U.S. District Court for the Western District of Wisconsin, issued an order extending the absentee/mail-in ballot receipt deadline to November 9, 2020, for ballots postmarked on or before Election Day Conley also extended the online and mail-in voter registration deadline to October 21, 2020. However, he immediately stayed his ruling pending appeal.[378]
The Wisconsin state legislature appealed Conley's decision of the Seventh Circuit, which denied the legislature's motion for a stay on September 29, 2020, finding that the legislature was "not authorized to represent the state's interest in defending its statutes." The Seventh Circuit later asked the state supreme court to weigh in on the question of whether the state legislature "has the authority to represent the State of Wisconsin's interest in the validity of state laws." The state supreme court ruled that the legislature did have this authority, which prompted the Seventh Circuit to reconsider the appeal.[378]
Judges Frank Easterbrook and Amy St. Eve voted to stay Conley's order, citing recent actions by the U.S. Supreme Court: "The Court has consistently stayed orders by which federal judges have used COVID-19 as a reason to displace the policymaking branches of government. … Deciding how best to cope with difficulties caused by disease is principally a task for the elected branches of government." Easterbrook and St. Eve were appointed by Presidents Ronald Reagan (R) and Donald Trump (R), respectively.[378]
Judge Ilana Rovner dissented: "At a time when judicial intervention is most needed to protect the fundamental right of Wisconsin citizens to choose their elected representatives, the court declares itself powerless to do anything." Rovner is a George H.W. Bush appointee.[378]
September 21, 2020: Federal judge orders extension of absentee/mail-in ballot return deadline, but stays order pending appeal
On September 21, 2020, Judge William M. Conley, of the U.S. District Court for the Western District of Wisconsin, issued an order extending the absentee/mail-in ballot receipt deadline to November 9, 2020, for ballots postmarked on or before Election Day. Conley immediately stayed his ruling, giving the defendants to the four consolidated lawsuits prompting the order seven days to file an emergency appeal of the order (Republican lawmakers filed an appeal on September 23, 2020).[379][380]
Conley made the following additional orders, implementation of which was stayed pending appeal:[379]
Extended online and mail-in registration deadline to October 21, 2020.
"Directed to include on the MyVote and WisVote websites (and on any additional materials that may be printed explaining the 'indefinitely confined' option) the language provided in their March 2020 guidance, which explains that the indefinitely confined exception 'does not require permanent or total inability to travel outside of the residence.'"
"Enjoined [election officials] from enforcing Wisconsin Statute § 6.87(3)(a)’s ban on delivery of absentee ballots to mail only for domestic civilian voters, with that lifted to allow online access to replacement absentee ballots or emailing replacement ballots, for the period from October 22 to October 29, 2020, provided that those voters who timely requested an absentee ballot, the request was approved, and the ballot was mailed, but the voter did not receive the ballot."
"Enjoined from enforcing Wisconsin Statute § 7.30(2), to the extend [sic] individuals need not be a resident of the county in which the municipality is located to serve as election officials for the November 3, 2020, election."
June 17: State election officials to mail absentee ballot applications to most registered voters in the November 3, 2020, general election
On June 17, 2020, the Wisconsin Election Commission voted unanimously to send absentee/mail-in ballot applications automatically to most registered voters in the November 3, 2020, general election.[381]
April 22, 2020: Republican Party of Wisconsin postpones state convention
On April 22, 2020, the Milwaukee Journal Sentinel reported that the Republican Party of Wisconsin had postponed its state convention, originally scheduled to take place in May, to July 10-11, 2020.[382]
April 7, 2020 election
On April 6, 2020, the Wisconsin state supreme court voted 4-2 to enjoin an executive order issued earlier in the day by Governor Tony Evers (D) postponing in-person voting in the spring election, scheduled for April 7, 2020, to June 9, 2020. As a result, in-person voting was expected to take place as scheduled on April 7, 2020. Also on April 6, 2020, the Supreme Court of the United States voted 5-4 to stay a district court order that had extended the absentee voting deadline. As a result, the absentee ballot postmark and return deadlines were reinstated to April 7, 2020. For complete information, see this article.
Wyoming
General election changes
Wyoming did not modify any procedures for the November 3, 2020, general election.
Primary election changes
Political party events in Wyoming were modified as follows:
Political party events: The Democratic Party of Wyoming canceled its in-person presidential caucus, originally scheduled for April 4.
Click the gray bar below for more detailed information.
March 12, 2020: The Democratic Party of Wyoming cancels its in-person presidential caucus
On March 12, 2020, the Democratic Party of Wyoming announced it was canceling its in-person presidential caucus, originally scheduled for April 4, 2020. It encouraged members to vote by mail instead. In a statement, the party said:[383]
“
Cheyenne-- Wyoming Democratic Party (WDP) Chair Joe M Barbuto has announced that the in-person portion of the 2020 Presidential Preference Caucus, as well as county conventions, are suspended due to growing concern over COVID-19.
"Our priority is ensuring that people are healthy and safe. Holding public events right now would put that in jeopardy, so this is the responsible course of action."
Voters are highly encouraged to vote by mail; caucusing at drop-off locations on March 28 and April 4 is being evaluated. We will continue to work with public health officials, as asses local conditions, to ensure voters' health and safety.
The WDP is working with our partners around the state and nation to develop a plan that ensures necessary tasks and duties are achieved. Details will be released as they become available.[7]
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The party set the following deadlines for participation in the caucuses:[384]
March 20, 2020: Deadline to register to participate
March 31, 2020: Deadline to request a ballot
April 17, 2020: Deadline by which completed ballots must be received by the party
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