States that modified absentee/mail-in voting procedures + lawsuits filed since the Supreme Court's Janus decision
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** HERE’S WHAT’S IN STORE FOR YOU AS YOU START YOUR DAY:
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* 37 states modified absentee/mail-in voting procedures for the Nov. 3 election
* Ballotpedia has tracked 132 lawsuits regarding public-sector union policy since _Janus _decision
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** 37 STATES MODIFIED ABSENTEE/MAIL-IN VOTING PROCEDURES FOR THE NOV. 3 ELECTION
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Now that election officials are concluding vote tabulation and certifying results from the Nov. 3 election, I thought it would be interesting to step back and review the modifications states made to their absentee/mail-in voting procedures in light of the COVID-19 pandemic.
THIRTY-SEVEN STATES MODIFIED THEIR ABSENTEE/MAIL-IN VOTING PROCEDURES for the general election. These modifications can be divided into the following five general categories:
* AUTOMATICALLY SENT ABSENTEE/MAIL-IN BALLOTS: Five states—California, Montana, Nevada, New Jersey, and Vermont—automatically sent absentee/mail-in ballots to all eligible voters. These states are shaded in yellow in the map below.
* AUTOMATICALLY SENT MAIL-IN BALLOT APPLICATIONS: Eleven states—Connecticut, Delaware, Illinois, Iowa, Maryland, Michigan, Nebraska, New Mexico, Rhode Island, South Dakota, and Wisconsin—automatically sent absentee/mail-in ballot applications to all eligible voters. These states are shaded in dark blue.
* EXPANSION OF ABSENTEE/MAIL-IN BALLOT ELIGIBILITY: Twelve states—Alabama, Arkansas, Kentucky, Louisiana, Massachusetts, Missouri, New Hampshire, New York, Oklahoma, South Carolina, Tennessee, and West Virginia—expanded absentee/mail-in voting eligibility. These states are shaded in light blue.
* EXTENDED SUBMISSION DEADLINES: Five states—Maine, Minnesota, Mississippi, North Carolina, and Pennsylvania—extended absentee/mail-in ballot application or submission deadlines. These states are shaded in dark gray.
* OTHER PROCESS CHANGES: Four states—Alaska, Ohio, Texas, and Virginia—made other modifications to their absentee/mail-in ballot procedures. For example, a federal court approved a partial settlement suspending the witness requirement for absentee ballots cast in Virginia. Gov. Ralph Northam (D) also signed legislation providing for the use of drop-boxes and prepaid absentee/mail-in ballot return postage for the Nov. 3 election. These states are shaded in gray.
Of the 13 states that did not modify their absentee/mail-in voting procedures, seven are Republican trifectas, four are Democratic trifectas, and one—Kansas—has divided government. Five states—Colorado, Hawaii, Oregon, Utah, and Washington—conduct elections primarily by mail.
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** BALLOTPEDIA HAS TRACKED 132 LAWSUITS REGARDING PUBLIC-SECTOR UNION POLICY SINCE _JANUS_ DECISION
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On Nov. 13, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in a challenge to Wisconsin's Act 10, a 2011 bill that overhauled the state's public-sector labor laws. And on Nov. 16, the Missouri Supreme Court weighed a challenge to a 2018 bill that made a number of changes to that state's public-sector labor laws.
These are just TWO OF THE 132 LAWSUITS BALLOTPEDIA HAS TRACKED involving public-sector union policy since the U.S. Supreme Court’s 2018 decision in _Janus v. AFSCME_.
IN JUNE 2018, THE COURT RULED 5-4 THAT PUBLIC-SECTOR UNIONS CANNOT COMPEL NON-MEMBER EMPLOYEES TO PAY FEES COVERING THE COSTS OF NON-POLITICAL UNION ACTIVITIES. This decision overturned the precedent established in _Abood v. Detroit Board of Educatio_n in 1977. In _Abood_, the Court had held permitted public-sector unions to collect agency fees to support non-political activities such as collective bargaining efforts and administrative work.
At least 58 of the 132 lawsuits involve attempts to obtain refunds for fees that employees had to pay to unions prior to _Janus_. And at least 57 lawsuits involve challenges to membership withdrawal procedures, that is, laws or policies that allow union members to resign their membership only during specified periods.
Of the 132 lawsuits tracked by Ballotpedia, 129 have been filed in federal courts. The largest number of these—55—were filed in the Ninth Circuit, which encompasses federal district courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. The second-largest number of lawsuits—22—have been filed in the Third Circuit, which encompasses Delaware, New Jersey, and Pennsylvania.
Want to stay informed about the latest developments in public-sector union policy? Subscribe to Union Station—our weekly newsletter—that tracks legislation, lawsuits, and national trends. Best of all? It’s free! Click here ([link removed]) to read previous editions and get this week's issue sent to your inbox.
[Litigation by state]
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