CHARLESTON, SC—Today, the League of Women Voters of South Carolina filed a federal lawsuit against the state’s Election Commission, asking the court to establish a notice and cure process for absentee ballots flagged for rejection due to a missing signature. Currently, voters who submit a ballot with a missing signature are not notified of the issue or given an opportunity to fix it before their ballot is tossed out.
“Because of the state of emergency in South Carolina, more voters than ever are choosing to cast absentee ballots for the first time in this election. With so many voters new to the absentee ballot process, there’s a danger that small mistakes like leaving off a signature could result in widespread ballot rejection,” said Christe McCoy-Lawrence, co-president of the League of Women Voters of South Carolina. “Our Election Commission can take steps to ensure voter confidence right now, by establishing a mechanism to notify voters of their missing signature and give them a chance to fix it.”
In the 2018 general election, South Carolina rejected 6.2% of ballots due to missing signatures. Due to COVID-19, all South Carolina voters are eligible to vote absentee under the State of Emergency reason. With the number of absentee ballots expected to be several times higher in 2020 than in 2018, the rate of rejection would be significant without a notice and cure process.
“Voters will not know if their ballot was counted until after the election if there is not a notice and cure process in place,” said Dr. Deborah Ann Turner, president of the board of directors of the League of Women Voters of the United States. “A notice and cure process means a state will notify a voter of ballot issues and offer them the opportunity to fix them. Many states across the country have adopted these processes and so should South Carolina. This is the best way to ensure voters’ voices are not silenced and their vote will be counted.”
The League of Women Voters is joined in the case by The Family Unit, Inc., and an individual voter, George Hopkins. Plaintiffs are represented in the case, League of Women Voters of South Carolina v. Andino, by the Lawyers' Committee for Civil Rights Under Law, ACLU of South Carolina, and Debevoise & Plimpton LLP.
“The right to vote empowers, and this lawsuit is necessary to protect that right in the November election,” said Dr. Brenda Williams, CEO of The Family Unit, Inc. “Voting raises self-esteem and increases a sense of self-worth. Voters make change happen.”
“South Carolina has already seen a record number of absentee ballot requests this year, but that does not mean there needs to be a record number of disenfranchised voters,” said John Powers, an attorney with the Lawyers’ Committee for Civil Rights Under Law. “The failure to give voters an opportunity to correct minor or technical mistakes is a clear violation of the fundamental right to vote. We are asking for common sense protections that can be implemented before the election.”
“With so many prevented from voting in person this year, the need to protect the rights of absentee voters could not be more critical,” said Julianne J. Marley, associate for Debevoise & Plimpton. “This case seeks to help ensure that absentee voters in South Carolina are not deprived of their fundamental right to vote due to minor ballot errors.”
All South Carolina voters are encouraged to request an absentee ballot before the deadline of 5pm on Saturday, October 24th, in order to receive their absentee ballot on time. Absentee ballots must be received by 7pm on Tuesday, November 3rd, to be counted.
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PRESS CONTACT:
Kayla Vix |
202-809-9668 | kvix@lwv.org
ACLU of South Carolina
Ian Weiner, Lawyers’ Committee for Civil Rights Under Law
Greer Hunter, Debevoise & Plimpton LLP
Ali Titus, ACLU of South Carolina
Kayla Vix, League of Women Voters
October 3, 2020
LAWSUIT FILED IN SOUTH CAROLINA TO PREVENT DISENFRANCHISEMENT OF ABSENTEE VOTERS
(Charleston, S.C.) - South Carolina’s failure to allow absentee voters to correct minor concerns on their ballot envelopes is unconstitutional and must be corrected before the November election, a lawsuit filed today against several state election commissioners argues. The suit claims that South Carolina’s lack of an effective notice and cure process violates voters’ due process rights and their right to vote, and will lead to the disenfranchisement of large numbers of eligible voters in the upcoming election.The litigation, League of Women Voters of South Carolina v. Andino, was filed today in U.S. District Court for the District of South Carolina. The Lawyers’ Committee for Civil Rights Under Law, the ACLU of South Carolina, and Debevoise & Plimpton LLP are representing the League of Women Voters of South Carolina, The Family Unit and one registered voter who intends to vote-by-mail.
“South Carolina already has seen a record number of absentee ballot requests this year, but that does not mean there needs to be a record number of disenfranchised voters,” said John Powers, an attorney with the Lawyers’ Committee for Civil Rights Under Law. “The failure to give voters an opportunity to correct minor or technical issues is a clear violation of the fundamental right to vote. We are asking for common sense protections that can be implemented before the election.”
South Carolina election law requires election officials to reject any absentee ballot based on a missing signature on the outside of the ballot return envelope, and voters are not required to be notified if this happens. The plaintiffs are asking officials to direct county election officials to immediately provide voters with notice and an opportunity to cure those issues, so they can ensure their ballot if not unnecessarily disqualified before the election is over. The plaintiffs are asking the court to order relief in time to prevent eligible voters’ absentee ballots from being thrown out in the November election.
"It makes no sense for absentee ballots with technical defects to be treated any differently than any other challenged voter," said ACLU of South Carolina Legal Director Susan Dunn. "Just like all other voters, absentee voters need to be given notice of the problem and an opportunity to be heard."
“With so many prevented from voting in person this year, the need to protect the rights of absentee voters could not be more critical,” said Debevoise & Plimpton LLP Associate Julianne Marley. “This case seeks to help ensure that absentee voters in South Carolina are not deprived of their fundamental right to vote due to minor ballot errors.”
The corrective measures the plaintiffs are seeking will require very little staff time to implement and will cause minimal disruption to the voting process. Furthermore, by providing an effective notice and cure process, South Carolina will increase public confidence in the integrity of our election.
Plaintiffs said the following:
“Because of the state of emergency in South Carolina, more voters than ever are choosing to cast absentee ballots for the first time in this election. With so many voters new to the absentee ballot process, there’s a danger that small mistakes like leaving off a signature could result in widespread ballot rejection,” said Christe McCoy-Lawrence, co-president of the League of Women Voters of South Carolina. “Our Election Commission can take steps to ensure voter confidence right now, by establishing a mechanism to notify voters of their missing signature and give them a chance to fix it.”
“The right to vote empowers and this lawsuit is necessary to protect that right in the November election,” said Dr. Brenda Williams, CEO of The Family Unit, Inc. “Voting raises self-esteem and increases a sense of self-worth. Voters make change happen.”
More information about the lawsuit here.
LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA, ET. AL. V. ANDINO, ET. AL.
On October 2, The Lawyers’ Committee for Civil Rights Under Law, the ACLU of South Carolina, and Debevoise & Plimpton LLP filed a federal lawsuit challenging South Carolina’s failure to allow absentee voters to correct minor concerns on their ballot envelopes is unconstitutional and must be corrected before the November election. South Carolina’s lack of an effective notice and cure process violates voters’ due process rights and their right to vote and will lead to the disenfranchisement of large numbers of eligible voters in the upcoming election.South Carolina election law requires election officials to reject any absentee ballot based on a missing signature on the outside of the ballot return envelope, and voters are not required to be notified if this happens. The plaintiffs are asking officials to direct county election officials to immediately provide voters with notice and an opportunity to cure those issues, so they can ensure their ballot if not unnecessarily disqualified before the election is over. The plaintiffs are asking the court to order relief in time to prevent eligible voters’ absentee ballots from being thrown out in the November election.
Just like all other voters, absentee voters need to be given notice of the problem and an opportunity to be heard.
ATTORNEY(S)
Susa K. Dunn, Shirene C. Hansotia, Ezra Rosenberg, Catherine Amirfar, Julianne J. Marley
PRO BONO LAW FIRM(S)
Debevoise & Plimpton, LLP
NO EXCUSE REQUIRED TO VOTE ABSENTEE
ACLU of South
Carolina
Ali Titus, ACLU of
South Carolina
Inga
Sarda-Sorensen,
ACLU National
FOR IMMEDIATE
RELEASE SEPTEMBER
18, 2020
SOUTH CAROLINA TAKES STEPS TO PROTECT VOTERS DURING THE COVID-19 PANDEMIC
COLUMBIA, S.C. —
In a victory for
voting rights,
South Carolina
took steps today
to better protect
voters in the
November general
election during
the COVID-19
pandemic.
The action follows
a federal lawsuit
brought by the
American Civil
Liberties Union,
ACLU of South
Carolina, and
NAACP Legal
Defense and
Educational Fund.
The groups
challenged a state
requirement that
forced people who
vote absentee to
have an “excuse”
to do so, as well
as a witness
requirement for
absentee ballots.
South Carolina
Gov. Henry
McMaster signed a
measure this
afternoon that
would allow all
voters to cast
absentee ballots
because of the
COVID-19 outbreak.
“Today’s action by
Gov. McMaster is
an important step
forward for South
Carolinians who
want to vote in
the general
election without
risking their
health during
COVID-19,” said
Ali Titus,
director of policy
and communications
at the ACLU of
South Carolina.
The measure signed
today does not
waive the
witness-signature
requirement on
absentee ballots,
which makes voting
from a safe social
distance
impossible for
those who live
alone.
“We will continue
to litigate to
remove this
remaining hurdle
to safe voting in
South Carolina,”
said Adriel Cepeda
Derieux, a staff
attorney with the
ACLU’s Voting
Rights Project.