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Welcome to the Friday, April 3, Brew. Here’s what’s in store for you as you start your day:
- Coronavirus Update: 18 states have modified voting procedures due to outbreak
- Trump nominates judge to fill only federal appeals court vacancy
- What’s the Tea?
Updates on stories related to the coronavirus outbreak are current through Thursday afternoon. Click here for the latest news.
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Coronavirus Update: 18 states have modified voting procedures due to outbreak
We’ve been tracking in the Brew those jurisdictions that have postponed primary, general, and special elections in response to the coronavirus outbreak. Today, let’s look at those state and local governments that have made changes to how they are conducting elections.
At least 18 states have adjusted their absentee/mail voting procedures in response to the COVID-19 pandemic:
- Six states are conducting some elections entirely by mail–California (April 7 and May 12 special elections), Idaho (May 19 primary), Maryland (April 28 special election), Montana (June 2 primary), Nevada (June 9 primary), and New Jersey (May 12 elections).
- Six states are delivering absentee ballot applications to all eligible voters–Georgia, Iowa, Michigan, Nebraska, North Dakota, and West Virginia.
- Four states are temporarily expanding their absentee/mail voting eligibility criteria–Delaware, Indiana, Massachusetts, and Virginia.
- Ohio and Wisconsin have extended their absentee/mail voting deadline.
States may modify election dates and procedures using a variety of mechanisms. These eight states have statutes dealing specifically with the expansion of absentee/mail voting in response to an emergency:
- Alabama
- Hawaii
- Illinois
- Indiana
- Kansas
- Maryland
- Utah
- Virginia
At least 11 states have statutes granting officials the authority to make general changes to election procedures in response to an emergency. These statutes allow officials to expand absentee/mail voting.
Elsewhere, governors may be able to modify elections using their emergency powers. Eight states explicitly authorize governors to exercise their emergency powers to change some aspects of election administration:
- Florida
- Illinois
- Kentucky
- Louisiana
- Oregon
- South Carolina
- Texas
- Virginia
In the remaining states, governors have emergency powers that enable them, to varying degrees, to suspend statutes and/or regulations and issue orders. These powers can be interpreted to include changes to election administration.
Ballotpedia will continue to monitor these jurisdictions and identify other states that change their rules about absentee voting or other election procedures throughout 2020.
The Democratic Party postponed its presidential nominating convention to the week of August 17 in response to the coronavirus pandemic. The Democratic National Convention was originally scheduled for July 13-16 in Milwaukee.
"After a great deal of scenario planning and giving thought to how it is this event can have the greatest impact in the electoral process and the greatest impact in terms of what we can bring to Milwaukee, we felt the best decision, not knowing all the answers, was to delay this," said convention chief executive Joe Solmonese. "More than anything we continue to monitor the public health landscape."
Fifteen states have either postponed their presidential primaries or expanded their mail-in-voting process due to the coronavirus. Sixteen states and territories—representing 28% of all pledged delegates—are now holding their Democratic primary events in June.
Here are some other notable coronavirus-related updates since Thursday's Brew:
- California Gov. Gavin Newsom (D) announced schools would be physically closed for the remainder of the school year.
- Colorado Gov. Jared Polis (D) extended the statewide school closure from April 17 to April 30.
- Georgia Gov. Brian Kemp (R) issued a statewide shelter-in-place order and also announced schools would remain closed for the remainder of the school year.
- Indiana Gov. Eric Holcomb (R) extended the statewide school closure from May 1 to the end of the academic year.
- Mississippi Gov. Tate Reeves (R) issued a shelter-in-place order, effective April 3 to April 20.
- Puerto Rico's Democratic Party announced a further postponement of its primary election to an unspecified future date.
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Trump nominates judge to fill only federal appeals court vacancy
President Donald Trump (R) has appointed 51 appeals court judges since taking office in January 2017. Among the last 20 presidents, Trump has made the most appeals court nominations through this point in the fourth year of his first term in office.
The president nominated Judge Cory Wilson March 30 to fill a vacancy on the U.S. Court of Appeals for the Fifth Circuit. This vacancy is the only one currently on a U.S. Circuit Court of Appeal. The last time there was only one appeals court vacancy was in July 1984.
Two Court of Appeals judges have already indicated they will leave the bench in 2020. Judge Ed Carnes on the 11th Circuit is expected to assume senior status on June 30. The U.S. Senate has already confirmed Andrew Brasher to succeed Carnes when that occurs. D.C. Circuit Judge Thomas Griffith announced last month that he would retire from the court later this year. No nominee is pending for Griffith’s seat.
Trump nominated Wilson to succeed Fifth Circuit Judge E. Grady Jolly, who assumed senior status on October 3, 2017. President Ronald Reagan (R) nominated Jolly to that court in 1982. The 5th Circuit has jurisdiction over federal district courts in Louisiana, Mississippi, and Texas.
Wilson is a judge on the Mississippi Court of Appeals. Governor Phil Bryant (R) appointed Wilson to that court in 2019. Before joining the state court of appeals, Wilson was a Republican representative in the Mississippi House of Representatives. Trump nominated Wilson in October 2019 to the U.S. District Court for the Southern District of Mississippi. The Senate Judiciary Committee held a hearing January 8 on his appointment but no committee action was taken.
The U.S. Court of Appeals for the Fifth Circuit is one of 13 U.S. appeals courts. They are the intermediate appellate courts in the federal judicial system. The Fifth Circuit has 17 authorized judgeships. Republican presidents appointed 11 of the 16 current judges and Democratic presidents appointed five. Trump nominated five of the 16 current judges.
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Ballotpedia is and always has been an organization that works remotely, so we’ve been practicing social distancing at work already. But our interest in politics and government means we’re also connected with our communities. And doing so is much harder while we’re limiting personal contact.
Which way of staying connected with your community are you doing most during the coronavirus pandemic?
A. Telephoning friends/neighbors
B. Participating in online gatherings with communities of interest
C. Donating time/money to neighbors, local businesses, or organizations
D. Other (feel free to let me know more via email!)
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Ballotpedia depends on the support of our readers.
The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns.
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