Daily Docket — Tuesday, Feb. 21

Criminalizing Elections Is on Red States’ Agenda This Year [link removed]

Here are some updates from the last few days.

​​Today is Election Day in Virginia and Wisconsin. Voters head to the polls for a special election in Virginia’s 4th Congressional District and the Wisconsin Supreme Court primary. The top two finishers in Wisconsin’s primary will go on to the general election on April 4, determining control of the court. Learn more about the liberal candidates running for the Wisconsin Supreme Court here. [link removed]

This morning, the U.S. Supreme Court released an orders list announcing which cases it will or will not hear. The Court released orders today in three of the five election cases we are tracking:

Buck v. Reeves: The Court dismissed a case arguing that Mississippi's congressional map is racially gerrymandered and that the state should still be subjected to preclearance requirements under the Voting Rights Act. [link removed]

Cox v. Maryland State Board of Elections: The Court declined to review a petition from failed Maryland gubernatorial candidate Dan Cox (R) arguing that Maryland courts usurped the Legislature’s power when they allowed officials to begin counting mail-in ballots earlier than state law permitted. In bringing his claim, Cox invoked the independent state legislature theory that’s before the court in a different case, Moore v. Harper. [link removed]

Richardson v. Flores: The Court declined to review a 5th U.S. Circuit Court of Appeals ruling that the Texas secretary of state is immune from a challenge to the state’s mail-in ballot signature matching process. While the secretary is no longer involved in this lawsuit, litigation will continue against other Texas officials. [link removed]

Yesterday, Idaho House Republicans passed a bill that would remove student ID cards from the list of acceptable proof of identification to vote. The bill now goes to the GOP-controlled state Senate. The bill’s sponsor said it's needed to prevent fraud, but provided no proof to back her claim. [link removed]

Also yesterday, the Arkansas Senate passed a bill that would ban drop boxes. The bill is likely to advance through the Republican supermajority in the state House before heading to Gov. Sarah Huckabee Sanders (R). [link removed]

On Feb. 14, a group of right-wing voters appealed a federal court decision that dismissed their conspiracy-filled lawsuits challenging Oregon’s use of electronic voting machines in the 2020 election. [link removed]

Here’s what to expect coming up.

Later today, the Minnesota Senate is expected to pass a bill that would restore voting rights to people with felony convictions immediately upon release from incarceration. The bill already cleared the state House and is expected to be signed into law by Gov. Tim Walz (D). This legislative movement comes on the heels of the Minnesota Supreme Court upholding the state’s felony disenfranchisement law as it currently exists. [link removed]

Tomorrow at 10 a.m. EST, the U.S. Supreme Court will release its second set of opinions of the term, possibly including two democracy cases, Merrill v. Milligan and Moore v. Harper, that the Court heard last fall.
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