Procedural Win for Voters Formerly Living in Hawaii Who Now Live in Guam or Virgin Islands

On September 2, U.S. District Court Judge Jill Otake issued an order in Boria v Nago, a Hawaii case, 1:20cv-433. This is the lawsuit filed in 2020 by U.S. citizens who formerly lived in Hawaii, who now live in either Guam or the U.S. Virgin Islands. If they lived in a foreign country they could vote in Hawaii by absentee vote. But because of certain federal laws, because they live in a U.S. territory, they cannot vote absentee in Hawaii elections.

The judge ruled that the procedural objections to the lawsuit are without merit. This likely means that in the near future, she will declare the federal laws that prohibit the voters from voting to be unconstitutional under the 5th and 14th amendments. Thanks to Michael Richardson for this news.

Brief Filed by Texas Democratic State Senators Who Argue Special Sessions of the Legislature Cannot Redistrict

On September 13, two Texas Democratic State Senators filed this brief in Eckhardt v Abbott, w.d., 1:21cv-769. This is the case in which the plaintiffs argue that the Texas Constitution requires redistricting to be done only in regular sessions of the Texas legislature. The Texas legislature won’t have a regular session until early 2023, so if this case prevails, the courts would redraw the Texas congressional and legislative districts.

North Carolina Supreme Court Protects Certain Voters Who Registered Between August 23-September 3

On September 10, the North Carolina Supreme Court issued a brief order, saving the registration of certain voters who registered between August 23 and September 3. A state trial court on August 23 had allowed ex-felons who are on parole or probation to register to vote. On September 3 the state court of appeals had reversed that order. The main issue isn’t settled yet, but the September 10 order means that people who registered in reliance on the trial court’s order will not have their voter registration cancelled. See this story.