Friday, November 1

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SCOTUS

U.S. Supreme Court allows Virginia to continue voter purge program

The nation’s highest court gave the green light to Virginia’s voter purge program, which targets individuals identified as “noncitizens” and has erroneously flagged the registrations of several longtime voters and state residents.

Over the dissent of its three liberal justices, the U.S. Supreme Court on Wednesday agreed to reinstate the program implemented by GOP Virginia Gov. Glenn Youngkin. The decision nullifies a lower court ruling that ordered election officials to restore to the voter rolls nearly 1,600 individuals whose registrations were canceled or marked as inactive.

Pro-voting advocates slammed the decision, calling it another example of the majority-Conservative high court issuing a ruling favorable to Republicans and harmful to voters.

The Department of Justice (DOJ) had sued the state over Youngkin’s program, alleging the program violates the National Voter Registration Act’s (NVRA) “quiet period,” which prohibits states from systematically removing voters from the rolls within 90 days of a federal election. A federal district court and the 4th U.S. Circuit Court of Appeals both agreed that the program does likely violate the NVRA.

The lawsuit noted that Virginia’s flawed process led to eligible voters being wrongly purged. Longtime U.S. citizen and Virginia resident Christine Rabassa learned her voter registration was canceled since she forgot to check the citizenship box on her DMV paperwork, according to the complaint. The Cardinel News spoke to Virginia voters, including one Trump supporter, who said their registrations were almost canceled. Read more about the case here.

LITIGATION

Philadelphia DA sues Elon Musk, PAC over $1M voter sweepstakes

Trump-supporting tech billionaire Elon Musk and his political action committee are on one prosecutor’s radar due to Musk’s one million dollar giveaway to swing-state voters.

Philadelphia District Attorney Larry Krasner (D) sued Musk and America PAC this week over the sweepstakes, which awards $1 million each day to a randomly selected registered voter in a swing state who signs the PAC’s petition “support the Constitution.” As of Thursday 11 people have won, including four people in Pennsylvania, according to the petition.

Krasner’s office said that Musk and his PAC violated Pennsylvania law by running a lottery, which must be regulated and administered by the state, according to the complaint.

“The Philadelphia District Attorney is charged with protecting the public from public nuisances and unfair trade practices, including illegal lotteries,” Krasner’s office said. “The DA is also charged with protecting the public from interference with the integrity of elections.”

A lawsuit seemed inevitable given the intense legal scrutiny over the $1 million sweepstakes, with some experts saying it could be a violation of federal law which prohibits paying for votes. One expert told NBC News that the PAC may have found a gray area by offering money to voters for their petition signatures or referrals, not directly for their votes.

Either way, Musk’s PAC signaled that it plans to continue the sweepstakes. Read more here.

VOTING

Republicans lose bid to disenfranchise overseas, military voters

Republicans’ attempt to challenge the validity of ballots cast in three swing states by U.S. voters and military members living overseas has been largely unsuccessful, marking another failed effort at disenfranchising a vulnerable voting bloc.

This week, federal Judge Christopher Conner concluded that the lawmakers’ bid to impose new identification requirements on military and overseas voters came too close to the Nov. 5 general election. “The individual plaintiffs … provide no good excuse for waiting until barely a month before the election to bring this lawsuit,” Connor’s order said. Read more here.

Other judges reached similar conclusions. In a Michigan case, state Judge Sima Patel rejected the Republican National Committee (RNC)’s lawsuit challenging the ability of certain overseas voters to cast absentee ballots and have their votes counted, ruling that the RNC filed suit too close to November. Read more here.

Also, in a North Carolina case, state Judge John Smith denied the RNC’s request to disenfranchise certain military and overseas voters. Read more here. And learn more about attempts to disenfranchise overseas and military voters in the upcoming election.

DOCKET WATCH

The cases that could have decisions before Election Day

Over 250 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. A lawsuit before the U.S. Supreme Court that will determine whether Pennsylvanians can vote provisionally at the polls if their mail-in ballots are rejected.

2. A lawsuit challenging over 277,000 inactive voters on Pennsylvania’s voter rolls. We expect a quick decision after yesterday's hearing.

3. A lawsuit filed by Pennsylvania Democrats in Erie County seeking immediate relief for an estimated 10,000 to 20,000 absentee voters who have not yet received their mail-in ballots.

4. A lawsuit challenging over 1.2 million inactive voters on Arizona’s voter rolls. The plaintiffs are seeking relief before Election Day.

5. A lawsuit pending before the Pennsylvania Supreme Court that will determine whether Washington County must notify voters of mail-in ballot errors.

OPINION

When We Fight, We Win

Four years ago, Marc Elias wrote about the “honor, the anxiety and the anguish of litigating voting and election cases when democracy is literally at stake.” Now, he writes, “as we prepare for yet another high-stakes election, the professional naysayers are back. While we have seen Republicans boast about their aggressive litigation strategy, these pundits prefer to criticize both sides rather than speak in clear moral terms.” Read more here.

NEW EPISODE

When Will We Know the Next President? Your Top Election Questions Answered with Kerry Washington and Marc Elias

When will we know who won the presidential election? How exactly do states certify results to the Electoral College? Actor and voting rights activist Kerry Washington has been on the campaign trail for the past few months meeting with voters across the country. Kerry collected voters' questions and concerns about the election and got them answers right from the source — Marc Elias. Listen to Kerry and Marc discuss everything you should know about what we'll see on election night and after on YouTube or wherever you get your podcasts.

What We’re Doing

Democracy Docket staff writer Crystal Hill wrapped up her interview with Tennessee U.S. Senate candidate Gloria Johnson, the last session for Democracy Docket’s 2024 Candidate Q&A series.

This year, Hill and the writing team sat down with 14 candidates and learned more about their platforms, backgrounds and why they’re pursuing elected offices. Hill especially enjoyed interviewing judicial candidates, who are often overlooked on ballots despite having significant influence over public policy. The biggest takeaway? Vote. Vote. Vote.






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