Voting In Louisiana Isn’t Safe Due To COVID-19, Lawsuit Says

Voting in Louisiana for the 2020 election should be changed to secure voter rights, according to a lawsuit filed on Monday.

The lawsuit, filed by several Louisiana voters along with the Louisiana State Conference of the NAACP and the Power Coalition for Equity and Justice, argues that the state’s governor and chief elections officer aren’t doing enough to protect voting rights and ensure ballot access ahead of the 2020 election.

The election lawsuit notes that voting in Louisiana has been disrupted by the ongoing pandemic. Despite the risk of infection with traditional, in-person voting, Louisiana has allegedly restricted absentee ballots and shortened its early voting period.

As a result, “many of the state’s 2.89 million registered voters will be forced to make an unconscionable choice between voting and maintaining their health and safety, and that of their families and communities,” voter counsel argued in a statement to WBRZ.

Cases in Louisiana have reportedly climbed “precipitously,” according to the plaintiffs, with active cases more than doubling in July. Unfortunately, a vaccine for the coronavirus is not estimated to be available by the time the 2020 elections are held in November and December. In fact, Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, has said that he “can’t guarantee” it will be safe to vote in-person by the time the elections roll around.

Despite the lack of safety for in-person voting, the voters argue that no coronavirus measures have been offered for fall elections.

“Still in the face of the ongoing and worsening pandemic, Defendants have failed to take action to allow for safe and accessible voting and protect the right to vote during the upcoming November and December elections,” the voting in Louisiana lawsuit contends.

“In particular, Defendants have failed to extend even basic modifications to Louisiana elections laws, which, based on the progression of the pandemic in April, Defendants agreed were necessary to protect Louisiana’s voters and their right to vote for the July and August 2020 elections.”

The plaintiffs claim that the lack of coronavirus voting measures is particularly shocking considering that the state took action for the primary and municipal elections in July and August.

Secretary of State Kyle Ardoin allegedly crafted an emergency plan for these elections which extended early voting by six days and increased availability for mail-in balloting – particularly for voters who are at a higher risk of developing virus complications. Voting in Louisiana for the 2020 election should have a similar plan, according to the voters’ recent lawsuit.

Without an emergency plan in Louisiana, voter rights will reportedly be infringed upon as they are forced to choose between their safety and their ability to vote in the elections.

Black voters will allegedly be disproportionately affected by the burden of voting in Louisiana during the coronavirus, a burden which the plaintiffs say violates the Voting Rights Act.

The voters right lawsuit also alleges that the state officials have violated state residents’ First and Fourteenth Amendment rights.

The plaintiffs seek emergency relief from the court which would prohibit Louisiana from enforcing several state provisions which would limit absentee ballots or early voting. Alternatively, the plaintiffs claim that the court should require Louisiana officials to reestablish the protections from the earlier emergency plan.

Voter rights have been prevalent in legal news – especially with the complications of the coronavirus outbreak.

In May, Minnesota voters filed a lawsuit against state officials challenging the requirements for voting by mail. According to the plaintiffs, Minnesota voters would be unfairly restricted by COVID-19 measures requiring voting via mail. Although voting by mail would protect voters, the lawsuit argued that the witness requirements and deadlines will result in disenfranchised voters.

Similar measures were challenged by Ohio voters who argued that would move all voting to the mail-in format. Like the Minnesota voters, Ohio residents argued that printing requirements and deadlines put unreasonable pressure on prospective voters.

Will you be voting in Louisiana for the 2020 election? Are you worried about being able to access absentee ballots? Share your thoughts in the comment section below.

The Louisiana voters are represented by Robert D. Fram, Morgan Lewis, Joshua Gonzalez, John Fraser, and Frederic M. Levy of Covington & Burling LLP; John Z. Morris, Steven Lance, Victoria Wenger, and Catherine Meza of the NAACP Legal Defense & Education Fund Inc.; and Ronald L. Wilson.

The 2020 Election Voting in Louisiana Lawsuit is Jennifer Harding, et al. v. John Bel Edwards, et al., Case No. 3:20-cv-00495-JWD-SDJ, in the U.S. District Court for the Middle District of Louisiana.

Read About More Class Action Lawsuits & Class Action Settlements:

Nasty Gal Promo Code Class Action Settlement Accepting Claims

Does Uber Do Background Checks?

FTC Opioid Addiction Treatment Suboxone Settlement

Why So Much Abuse in the Catholic Church?