GOP state officials sue the Biden Administration over noncitizen voting.

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Friday, October 25

Democracy Docket is proud to be a pro-democracy news outlet, unafraid to speak the truth about Donald Trump and election denialism. Democracy dies in darkness, which is why our team of 16 works hard every day to shine a light on how our democracy is being threatened in court. Support our work by becoming a premium member today ([link removed]) .

5th Circuit leaves fate of mail-in ballot deadlines uncertain 11 days from election
* The 5th U.S. Circuit Court of Appeals struck down ([link removed]) a Mississippi law allowing mail-in ballots to be counted if they are postmarked by Election Day and received by election officials up to five business days later. But the 5th Circuit says a lower court will determine what the state’s ballot receipt deadline will be this year.
* If this case or other cases raising similar claims are appealed to the U.S. Supreme Court, an order from the justices could have nationwide implications. Approximately 20 other states and U.S. territories ([link removed]) — including consequential mail-in voting heavy states like Nevada, New York and Ohio — permit ballots to be received after Election Day.

Judges deliver wins for voters in Georgia and Virginia
* A federal judge blocked ([link removed]) Virginia Gov. Glenn Youngkin’s (R) voter purge program for illegally removing naturalized citizens from the rolls within 90 days of an election. The state must notify all eligible voters whose registrations were canceled.
* Virginia state officials immediately appealed ([link removed]) this ruling to the 4th U.S. Circuit Court of Appeals. Youngkin said ([link removed]) the state is prepared to bring the case up to the U.S. Supreme Court if needed.
* A Georgia court declined ([link removed]) to expedite a GOP appeal of a ruling that said election officials are required by state law to certify elections. The pro-democracy ruling will remain in place.

THE SCOREBOARD
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Since Jan. 1, 2023

GOP state officials sue Biden administration over noncitizen voting
* Republican officials in Florida, Ohio and Texas sued ([link removed]) President Joe Biden's administration this week, alleging that the Department of Homeland Security is denying them access to citizenship records needed to maintain their voter rolls.
* The discussions around voter roll maintenance, especially in the vein of noncitizen voting ([link removed]) , have been prevalent this election cycle, but states directly suing a federal agency in the Biden administration is new.

11,000 South Carolina teens will not be allowed to vote
* A total of 11,000 young South Carolinians won’t be able to cast a ballot this year after a judge declined ([link removed]) to fix an error that wrongfully denied the registrations of those who were 17 years old when they registered but would be 18 by Election Day.

Republicans plan to appeal pro-voting Pennsylvania ruling to SCOTUS
* The Republican National Committee and the Pennsylvania Republican Party indicated ([link removed]) that they will appeal a pro-voter ruling ([link removed]) from Pennsylvania’s highest court — which allows voters who made mistakes on mail-in ballots to cast provisional ballots — to the U.S. Supreme Court.

* Marc and Democracy Docket’s Paige Moskowitz explain what this means for voters and the upcoming election in a new video ([link removed]) .

New Defending Democracy podcast episode out now
* In this week’s episode of Defending Democracy, Hawaii Sen. Brian Schatz (D) joins Marc to discuss what is at stake this election, why it's important to have protections for Indigenous voters and why Hawaii has remained blue for 70 years. Watch ([link removed]) it on YouTube and listen ([link removed]) wherever you get your podcasts.
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