Posted: November 6, 2012
NJ petition seeks extended ballot access
According to reports (here, here, and here), the ACLU of New Jersey earlier today filed an emergency petition with that state’s Superior Court on behalf of voters who applied to election officials by e-mail or fax machine for access to a ballot and had not received a response today. The ACLU sought a court order allowing people to vote through the Federal Voting Assistance Program, which provides absentee ballots to residents living overseas or members of the armed services. The ACLU argues the new directive issued today fails sufficiently to protect the right to vote of those seeking greater access in the wake of Hurricane Sandy.
The emergency petition was filed in Superior Court in Essex County, New Jersey, but the ACLU indicated it would pursue a statewide remedy. Earlier indicated that numerous New Jersey voters who tried to email or fax to request a ballot received no reply today or were told they couldn't be processed. This is a rapidly developing story that Election Law @ Moritz will continue to follow closely.


Commentary
Arizona: Voter Registration and the Road Ahead
Justin Levitt
June arrived with two election law cases at the Supreme Court. One is still pending: a highly anticipated decision on section 5 of the Voting Rights Act. The other, more frequently overlooked, was decided yesterday. And there are some quirks of the opinion that seem to depart from the swiftly congealing conventional wisdom that the states might actually have "won," and now need only run out the clock.
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