Right-wing voter roll challenge fails.

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Friday, October 18

With the election less than three weeks away, democracy is on the docket and we are the only source that exposes what's going on in the courts and its impact on your right to vote. By becoming a member for just $10/month ([link removed]) you can help support our work and keep our content free.


** ON THE DOCKET THIS WEEK
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** * Georgia judge blocks controversial election rules
* Nebraska high court reenfranchises voters with felony convictions
* ‘Pigpen Project’ voter challenge lawsuits are kaput in Nevada

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** ELECTION ADMIN
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** Georgia judge blocks controversial election rules
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A Georgia judge blocked ([link removed]) a slate of hotly contested rules ([link removed]) that were passed by the Georgia State Election Board (SEB) and challenged in court by both Republicans and Democrats.

In the same week, another state judge affirmed ([link removed]) the duty of election board members to certify election results in response to a Republican county board member who essentially challenged the obligations of her position.

The most recent ruling from Fulton County Judge Thomas Cox means that the seven election rules impacting certification, absentee ballots and vote counting in Georgia won’t be in place for the Nov. 5 election and are permanently blocked. Cox determined the rules were inconsistent with existing election laws and that the SEB “lacked constitutional authority” in enacting them.

The blocked rules include one passed ([link removed]) this month that would have required poll workers to hand count all ballots, even after being tabulated by machines.

Cox’s decision stemmed from a lawsuit filed in September against the SEB by two Georgia Republicans and a nonprofit organization, Eternal Vigilance Action.

The controversial hand-counting rule alarmed pro-voting advocates who feared ([link removed]) it would delay the certification process and potentially lead to spoiled ballots ([link removed]) , which would disenfranchise some voters. The board has been under fire — specifically it’s three MAGA Republican members — for passing rules so close to the election.
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In a separate case, Fulton County Judge Robert McBurney ruled that the act of certifying election results is “mandatory,” and that “no election superintendent … may refuse to certify or abstain from certifying election results under any circumstance.” The ruling resulted from a lawsuit filed by Julie Adams, a Republican member of the Fulton County Board of Elections and Registration, against Fulton County on Sept. 12.

Adams argued that while county boards have a duty to certify election results, individual members do not, allowing them to vote for or against certification. She asked the court to declare that certifying election results is a discretionary, not mandatory, duty. Read more about the lawsuit ([link removed]) .


** A MESSAGE FROM OUR SPONSOR
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If pro-democracy policymakers control Congress and the White House in 2025 we must be prepared to meet the moment. Democracy SENTRY is helping lead that work by coordinating efforts among Capitol Hill, the Administration and leading advocacy groups to ensure passage of the Freedom to Vote and John Lewis Voting Rights Acts.

Click here for our digital ad highlighting the importance of the bills. ([link removed])


** FELONY DISENFRANCHISEMENT
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** Nebraska high court reenfranchises voters with felony convictions
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In a victory for Nebraska voters, the state’s highest court ruled that people who have completed sentences for felony convictions can register to vote under state law.

The decision restores voting rights to thousands of eligible voters who were disenfranchised under a directive from Secretary of State Robert Evnen (R) that ordered county election officials to stop registering individuals convicted of felonies who have not been pardoned by the state board. The Nebraska Supreme Court, which has a conservative majority, blocked Evnen’s directive.
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“For so long, I was uncertain if my voice would truly count under this law. Today’s decision reaffirms the fundamental principle that every vote matters,” Gregory Spung, one of the plaintiffs in the case, said. “It’s a victory not just for me, but for thousands of Nebraskans who can now exercise their right to vote with confidence.”

Evnen’s directive came as a new state law was about to take effect ([link removed]) that allows a person to register to vote once they complete their sentence for a felony conviction, instead of waiting two years under the previous law. In July, the ACLU of Nebraska filed a lawsuit on behalf of Civics Nebraska and three Nebraska residents challenging the state’s refusal to register the individuals. Read more about the case. ([link removed])
As Election Day nears, it's important to stay current on voting rights in the courts. Share this newsletter ([link removed]) with a friend, family member or colleague to help everyone stay engaged. If you received this email from someone else, you can subscribe here ([link removed]) .
** VOTER ROLLS
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** ‘Pigpen Project’ voter challenge lawsuits are kaput in Nevada
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A right-wing organization that filed tens of thousands of voter challenges in Nevada withdrew ([link removed]) its bid to compel county election officials to process them before the election.

Citizen Outreach Foundation had filed roughly 30,000 voter challenges through its “Pigpen Project” initiative in July. Under guidance from Nevada Secretary of State Francisco Aguilar (D), election officials in Carson City, Storey County, Clark County and Washoe County decided not to process those voter challenges.

Last week, Citizen Outreach Foundation President Chuck Muth announced ([link removed]) in a blog post that the group voluntarily dismissed three lawsuits filed last month in Nevada. The plaintiffs had asked state courts to order counties to process the challenges immediately by mailing notices to the challenged registrants and marking them as inactive voters if they did not respond within 30 days.

County and state officials argued in part that voter challenges cannot be processed within 90 days of an election under the National Voter Registration Act ([link removed]) .

In his post, Muth railed against the “progressives on the left” who fought the group’s complaints. “I’ll say this,” he wrote. “While some consider these folks ‘evil,’ they ain’t stupid. They’ve been litigating and fighting against cleaning the voter rolls for many, many years and threw everything, INCLUDING the kitchen sink, into their arguments against our effort.” Read more about how right-wing groups are trying to remove voters from the rolls. ([link removed])


** Docket Watch
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Over 200 lawsuits have been filed so far this cycle and there are tons of key decisions we’re waiting on that will impact the election. Need help knowing what to expect? Docket Watch spotlights fast-moving cases and decisions that could come down any day now.

1. Two ([link removed]) lawsuits ([link removed]) are pending before the Pennsylvania Supreme Court that will determine whether voters will be notified of issues with their mail-in ballot and whether they can vote provisionally at the polls if their mail-in ballots are rejected.

2. One of two lawsuits ([link removed]) challenging Virginia’s new voter purge program is seeking immediate relief to stop the removal of voters from the state’s rolls just three weeks ahead of the election. Stay tuned for the hearing next Thursday.

3. A hearing took place this week in an RNC lawsuit ([link removed]) targeting over 225,000 voter registrations in North Carolina. We now await a decision.

4. A federal court will hold arguments today in a Republican lawsuit ([link removed]) trying to make it harder for military and overseas voters to have their ballots counted. We’ll be watching out for a ruling.

5. One of the biggest mail-in voting cases of the year is an RNC lawsuit ([link removed]) in Mississippi where a decision could upend whether timely cast ballots received after Election Day will be counted. The case could have nationwide implications if appealed to the U.S. Supreme Court.

6. An RNC and Trump campaign lawsuit ([link removed]) asking the Nevada Supreme Court to throw out late mail-in ballots missing a postmark could be decided soon.


** OPINION
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** How the Freedom to Vote Act Could Have Changed the 2024 Election
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Throughout Democracy Docket’s Candidate Q&A series ([link removed]) , multiple former and current Democratic legislators said they’d work to pass ([link removed]) the Freedom To Vote Act ([link removed]) in Congress if they win their respective races. In an op-ed this week, Democracy Docket guest author Greta Bedekovics ([link removed]) explains how the legislation would have drastically impacted the voting landscape if it had passed when it was brought to a vote in 2022.

“Nearly 8 million more American citizens would likely have registered to vote ahead of the 2024 general election and approximately 3.8 million more voters would likely have cast a ballot this election — a number greater than the population of 22 states and greater than the number of registered voters in 37 states.” Read more here. ([link removed])


** A MESSAGE FROM OUR SPONSOR
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Democracy SENTRY is helping lead the work to pass the Freedom to Vote and John Lewis Voting Rights Acts. See our digital ad highlighting the importance of the bills. ([link removed])


** NEW EPISODE
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** Former Sen. Al Franken on Recounts, the Election and Ted Cruz
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Former Minnesota Sen. Al Franken (D) and Marc Elias met on Franken's 2008 election recount, which was, at the time, the largest recount in American history. Al and Marc catch up and discuss post-election litigation, Franken’s view on his former GOP colleagues and how people should get involved in the November election. You can watch it here ([link removed]) .


** What We’re Doing
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Democracy Docket Social Media Manager Paige Moskowitz is reading "Liberating Abortion ([link removed]) " by reproductive justice advocate Renee Bracey Sherman and writer Regina Mahone. It's a fascinating narrative history of abortion and reproductive justice in the United States featuring testimonials and personal stories. It's a must-read for anyone interested in racial, economic and reproductive justice.

Marc Elias spoke with Bracey Sherman earlier this year about how attacks on reproductive healthcare and voting rights are connected. Watch the interview here ([link removed]) .
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