May 13, 2020

By Brian Gabriel
gabriel@redistrictingfoundation.org

National Redistricting Foundation Supports New Lawsuit in Minnesota to Remove Burdensome Vote-by-Mail Restrictions

Lawsuit Challenges State’s Witness Requirement & Ballot Receipt Deadline

Washington, D.C. — Today, a group of voters supported by the National Redistricting Foundation has filed a lawsuit in Minnesota challenging the state’s absentee voting restrictions that will unjustifiably burden the voting rights of Minnesota voters, particularly as the nation responds to the COVID-19 pandemic. Plaintiffs in the suit include four individual voter-plaintiffs, along with the Minnesota Alliance for Retired Americans Educational Fund. 

The suit challenges two restrictions: (1) Minnesota’s requirement that absentee ballots be witnessed by a registered Minnesota voter, a notary, or a person otherwise authorized to administer oaths, and (2) the requirement that absentee ballots be received by either 3:00 p.m. (if hand-delivered) or 8:00 p.m. (if delivered by mail) on Election Day. The anticipated influx of absentee by-mail voting in both the upcoming August primary and November general election promise to exacerbate the disenfranchising effects of these restrictions, and they deserve critical attention. The case was filed in state court in Ramsey County.

“The global health crisis is not only a danger to Minnesotans’ health, it is also a major threat to voters’ right to participate in the democratic process,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “The botched and gerrymandered primary election right next door in Wisconsin showed us exactly what happens when a state is unprepared for a substantial increase in voting by mail. Minnesota must act now to ensure that its voters are not severely and unjustifiably burdened by unnecessary obstacles to casting a ballot at home. While the country grapples with a ghastly pandemic, one thing remains clear — voters should not be expected to choose between their right to vote and protecting the health of their communities.”

In 2018 alone, Minnesota discarded over 3,500 absentee ballots — 47% of all rejected ballots — simply because they arrived after the Election Day Receipt Deadline. As COVID-19 sweeps through the country with no clear end in sight, the reliance on absentee vote by mail is certain to increase. One plaintiff in the case, Rob LaRose of Waconia, attempted to vote by mail while attending college away from his home in 2016, only to receive notice weeks later that his vote was not counted. He fears he may be disenfranchised in the future as a result of the Election Day Receipt Deadline. 

“Minnesota has an opportunity to act now — the state should take the necessary steps to ensure that voters aren’t faced with unnecessary hurdles and obstacles on the way to the ballot box,” said LaRose. “We don’t want to look back on this November’s election and realize that the state’s voting process kept Minnesotans from exercising their right to vote. It’s especially important to consider that there will be many who are voting by mail for the first time — they deserve every opportunity to stay safe while participating in our democracy.”

The presence of COVID-19 also increases the risk posed by the Witness Requirement. Voters living with disabilities, elderly voters, immunocompromised voters, and those who live alone or with others who are ineligible or unregistered to vote in Minnesota must risk their health to find a witness. This burdens far too many voters and jeopardizes the right to vote.

"I have a constitutional right to vote and have my vote counted,” said Teresa Maples, of Red Wing, a member of the Minnesota Alliance for Retired Americans and a registered voter in Goodhue County. “I am 66 and have several serious health conditions. I am particularly vulnerable to the novel coronavirus and at risk of contracting COVID-19. There is no question that I will be unable to vote in person because I am strictly following the social distancing and self-isolation guidelines. Because I live alone and cannot safely obtain a witness signature, my vote may never be counted.”

The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina, successfully challenging the Trump Administration’s attempt to add a citizenship question to the Census, and protecting Wisconsin voters from former Governor Scott Walker’s refusal to call special elections and attacks on early voting.  

You can download a filed copy of the complaint here.

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