THREAD: How many times have federal appellate courts unduly deferred to state legislatures or election officials in recent days, rejecting challenges and failing to uphold the constitutional right to vote? Let us count. 1/

3rd Circuit, rejecting challenge to Pennsylvania’s signature requirement for candidates to appear on the ballot. 2/

https://www.dropbox.com/s/pu0nyi55akpqh03/Libertarian%20Party%20v.%20Governor%20of%20PA--3rd%20Cir..pdf?dl=0

5th Cir., reversing a district court order that had rejected Texas Governor Greg Abbott’s directive to allow only one ballot drop off location per county. 3/

https://www.dropbox.com/s/wrry82ksbi1jwzg/Texas%20LULAC%20v.%20Hughs%2C%205th%20Cir%20Texas%20drop%20boxes.pdf?dl=0

5th Circuit, rejecting district court order that would have required Texas to allow voters to cure a signature mismatch. 4/

https://www.dropbox.com/s/msycba5hsfybeyt/Richardson%20v.%20Hughs--5th%20Cir%20Texas%20absentee%20ballot%20signature%20cure.pdf?dl=0

5th Circuit, rejecting a district court judgment that put on hold a new Texas law that eliminated straight ticket voting. 5/

http://www.ca5.uscourts.gov/opinions/pub/20/20-40643-CV0.pdf

6th Circuit, reversing a lower court decision that would have required Ohio Secretary of State Frank LaRose to allow counties to offer multiple ballot drop boxes for voters to deliver their ballots. 6/

https://www.dropbox.com/s/ebvn5npfdzujekm/A%20Phillip%20Randolph%20v.%20LaRose--6th%20Cir%20drop%20box.pdf?dl=0

6th Cir., refusing to invalidate Tennessee’s absentee balloting rules on procedural grounds, which Judge Moore noted in dissent was just a shield to defer to the state. 7/

https://www.dropbox.com/s/gh34kduc5zf6zdp/Memphis%20A%20Phillip%20Randolph%20v.%20Hargett--6th%20Cir%20Tenn%20absentee%20ballot%20rules.pdf?dl=0

7th Circuit, reversing a district court decision that had extended various deadlines for registration and absentee ballot delivery in Wisconsin. 8/

https://www.dropbox.com/s/vr3mfh6y34taa5c/DNC%20v.%20Bostelman--7th%20Cir%20Wisconsin%20absentee.pdf?dl=0

7th Cir., rejecting challenge to Indiana's absentee balloting restrictions during a pandemic. 9/

https://www.dropbox.com/s/589itzwembvopz2/Tully%20v.%20Okeson--7th%20Cir%20Indiana%20vote%20by%20mail.pdf?dl=0

7th Cir., reversing a district court’s ruling that had extended the absentee ballot receipt deadline in Indiana. 10/

https://www.dropbox.com/s/tfb63bdjsubly15/Common%20Cause%20Indiana%20v%20Lawson--7th%20Cir%20Indiana%20absentee%20ballot%20receipt%20deadline.pdf?dl=0

9th Cir., rejecting a district court’s order that required Arizona to allow early voters to cure a signature problem up to five days after Election Day. 11/

https://www.dropbox.com/s/rb0gjh1ewficp1s/Arizona%20Dem%20Party%20v.%20Hobbs--9th%20Cir.pdf?dl=0

11th Cir, reversing a district court ruling from Georgia that had extended the absentee ballot receipt deadline to three days after Election Day. 12/

https://www.dropbox.com/s/ccrjx3a7kyh9nv2/New%20Georgia%20Project%20v.%20Raffensperger%2C%2011th%20Cir.%20GA%20absentee%20balloting%20deadline.pdf?dl=0

4th Cir. went back-and-forth, but ultimately was reversed by Supreme Court on SC witness requirement. 13/

https://www.dropbox.com/s/d1alk0zejuvkn0d/Andino%20v.%20Middleton--South%20Carolina%20witness%20SCOTUS.pdf?dl=0

There's more to come, I'm sure. I don't think there have been cases in the 1st, 2nd, or 10th Circuits on election administration for 2020. The 8th Circuit has a case pending from Missouri. Stay tuned. 14/

Rare exception!

6th Cir. refused to overturn lower court order that put on hold Tenn law that would have required first-time voters who registered by mail or online to vote in person.

Biggest problem: TN took too long to appeal & voting started. 15/

https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0334p-06.pdf

4th Cir: defer to state Board of Elections on the extension of the North Carolina ballot receipt deadline. (Deferring sometimes can be GOOD for voting rights when state actors are more expansive to right to vote!) 16/

https://assets.documentcloud.org/documents/7273830/10-20-20-Wise-v-Circosta-4th-Circuit.pdf

Supreme Court: reverses lower court decision that had put on hold Alabama's ban on curbside voting--cause apparently it's ok to require disabled voters to show up in person during a deadly pandemic. 17/

https://www.supremecourt.gov/opinions/20pdf/20a67_3e04.pdf

6th Cir.: reverses lower court injunction, thereby reinstating Michigan's ban on providing free transportation to the polls. 18/

https://www.opn.ca6.uscourts.gov/opinions.pdf/20a0336p-06.pdf

8th Cir: stays lower court order that had allowed mail-in ballots to be delivered in person, instead of via the mail. It's a one-line order with an opinion to follow. 19/

(Forgot this one when it came out)

9th Cir: reversed lower court decision that had extended Arizona's voter registration deadline. 20/

https://www.documentcloud.org/documents/7230201-MFVArizOrdCA9101320.html

7th Circuit: reverses lower court order that had invalidated Indiana's new law on who can seek an Election Day order to keep the polls open. Upshot: Voters themselves can't seek poll extension if there are problems. 21/

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D10-23/C:20-2877:J:PerCuriam:aut:T:fnOp:N:2601693:S:0

8th Cir: reverses lower court order that had invalidated Missouri law that requires mail-in ballots to be returned only via the USPS, and not in person. 22/

https://law.justia.com/cases/federal/appellate-courts/ca8/20-3121/20-3121-2020-10-23.html

11th Cir.: reverses district court decision, which had required Georgia polling places to have paper backups of poll books. Now they don't have to have those poll books. No explanation so we don't know why court reversed. 23/

…https://coaltionforgoodgovernance.sharefile.com/share/view/sb8df85e9d424b0a8

8th Cir: reverses district court decision on MN absentee ballot deadline. District court rejected challenge to SOS extension of deadline; appeals court reverses 2-1, deferring to state legislature. 24/

https://ecf.ca8.uscourts.gov/opndir/20/10/203139P.pdf

5th Cir: reverses district court order on Texas mask mandate at polls. After this ruling, poll workers and voters not required to wear masks (still recommended).

Deference based on Purcell Principle not to change rules too close to election. 25/

https://assets.documentcloud.org/documents/7279531/10-30-20-5th-Circuit-Mi-Familia-Stay.pdf