Welcome to the October edition of The Lever. Our democracy is strongest when everyone has a voice. We're now just one week from Election Day and across the country, early votes are already being cast by mail and in person. As November 8 fast-approaches, don't forget to make a plan to vote – and check in on friends and loved ones to do the same.
Just as voters make a plan for how they'll cast a ballot this year, election officials are executing their plan to administer safe and secure elections in communities all across the country. From ballot verification; to engagement from poll observers and challengers; to the processes to count, canvass, and certify election results, the weeks before and after Election Day will see plenty of activity from election officials at all levels. This month's Hot Policy Take takes a look at exactly how those processes work, highlighting noteworthy examples from key states along the way.
We also have an update out of Montana, where a legal victory by Western Native Voice will guarantee the use of same-day registration, third-party ballot return, and the use of a student ID as a form of identification when voting.
While you're here – consider joining this Thursday's Susan Blount Power Lunch Series at the Center for Women in Law at the University of Texas. This week, Voting Rights Lab Senior Advisor Liz Avore will cover everything you need to know about voting and election laws this year alongside Mimi Marziani, President of the Texas Civil Rights Project. Register for the virtual event here.
With that, let's dive right in.
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A lot of attention will be paid to election administration in this final week leading up to Election Day – and rightfully so. Across the country, millions have already cast a ballot using a pre-election voting option offered in their state, and millions more are certain to make their voice heard at the ballot box over the coming days before November 8.
But what of the days just after Election Day? As many Americans turn to media outlets to call races based on unofficial results as early as election night, what steps will local election officials take to actually complete the critical steps to election administration that come after voters cast their ballots – the steps that assure all Americans that every element of our elections is fair, free, and worthy of their trust? As it turns out, quite a few.
In this month's Hot Policy Take, “The Process Continues: Election Administration After Election Day," we look at ballot verification, poll observer rules, ballot counting procedures, and the steps that guide both canvassing and certification.
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BY THE NUMBERS
21 Million
That's how many voters have already cast a ballot as of Monday, October 31. That number includes mail ballots and ballots cast early-in person.
While 35 states give all voters the option of casting a mail ballot, 15 states still only let voters cast a mail ballot if they have a special reason – or “excuse” – to do so. By contrast, there are only four states left that fail to give voters a chance to vote early in-person.
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WHAT WE'RE READING
Still a week from Election Day, more than 100 lawsuits have been filed around the upcoming midterms. Such litigation vastly exceeds figures ahead of even the 2020 election, in which most election-related lawsuits were filed after Election Day in a relatively ad hoc manner. Ahead of the 2022 midterms, it's clear that far more organization – and far more funding – exists for election-related lawsuits this year. NBC News has more:
"More than 100 lawsuits have been filed this year around the upcoming midterm elections. The suits, largely by Republicans, target rules over mail-in voting, early voting, voter access, voting machines, voting registration, the counting of mismarked absentee ballots and access for partisan poll watchers.
It’s the most litigation ever before an election and it’s likely a preview of a potentially contentious post-election landscape. The strategy was born in part of the failure of allies of former President Donald Trump to successfully challenge and overturn the free and fair results of the 2020 presidential election."
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FROM OUR PARTNERS
Barriers to voting in Montana have been blocked, at least through this November’s election, because partners led by Western Native Voice won a permanent injunction against several new restrictive laws. The challenged laws would end same-day registration, prohibit ballot return by paid community organizers, and ban the use of a student ID as a standalone form of identification when voting. Although issued as a permanent injunction, it is still possible for the state to appeal the ruling to the Montana Supreme Court after the election.
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THE MARKUP
The Markup is VRL’s weekly legislative update for voting rights insiders. Here’s a snippet from yesterday’s edition – a sample of what you can expect each week:
Arizona voters seek protection from armed drop box surveillance. Responding to complaints of armed individuals surveilling voters at drop boxes in Arizona, groups filed two separate lawsuits seeking restraining orders to prevent voters from being intimidated. The defendants in one of the cases announced they would cease monitoring drop boxes, though the judge in that case has not yet ruled. The judge in the other case denied the request, citing the observers’ First Amendment rights. Plaintiffs have asked the 9th Circuit for an injunction while their appeal is pending.
If you’d like to get insights like this straight to your inbox each Monday, head here to sign up.
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