U.S. District Court Issues TRO in Case Related to Harrassment of Voters Using Drop Boxes to Deposit Ballots

On November 1, U.S. District Court Judge Michael Liburdi, a Trump appointee, issued a Temporary Restraining Order (TRO) in Arizona Alliance for Retired Americans v Clean Elections, 2:22cv-1823. This is the case involving behavior near Arizona drop boxes for absentee ballots. The TRO requires individuals who have been harrassing voters to modify their behavior, and requires the Clean Elections website to post a statement that it is not necessarily illegal for an individual to deposit more than a single voted ballot into a drop box. Thanks to ElectionLawBlog for the link.

Pennsylvania Supreme Court Finds Undated Postal Ballots May Not be Counted

On November 1, the Pennsylvania Supreme Court issued a two-page order in Ball v Chapman, 102 MM 2022. The court unanimously ruled that postal ballots in which the voter forgot to put the date on the outer envelope are void. They find that state law requires the date, even though all completed postal ballots are date-stamped by election officials when they are received by the elections office.

Eighth Circuit Agrees with U.S. District Court, and Enjoins Some South Dakota Restrictions on Paid Circulators

On November 1, the Eighth Circuit issued an opinion in Dakotans for Health v Noem, 21-2428. The opinion agrees with the U.S. District Court, and says the U.S. District Court had been correct to enjoin some restrictions on paid initiative circulators in South Dakota. The challenged law requires paid petitioners to disclose their name, residential address, email address, phone number, and sex offender status prior to circulating any ballot measure. It requires that all this information be put into a publicly available directory. It voids all signatures collected by any circulator who does not obey this law. And it requires that if any information changes, the circulator must update the information within seven days.

The decision is by Judge L. Steven Grasz, and is also signed by Judges David R. Straus and Jonathan A. Kobes. All are Trump appointees. Here is the 17-page opinion. Thanks to Derek Muller for this news.