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Minnesota America voter

Minnesota Secretary of State Steve Simon is facing a lawsuit after residents claim the state is putting undue restrictions on those who vote by mail.

Robert LaRose and his fellow plaintiffs say that Simon has backed a bill that would permit a move to an all vote-by-mail election due to the coronavirus pandemic.

They state that as Minnesota voters move to absentee voting by mail to protect the safety and health of their community, the majority will be navigating a system that is new to them. 

LaRose is a Minnesota resident who temporarily lives in New Haven, Conn. where he attends Yale University. In 2016, LaRose received his absentee ballot while at school a week prior to election day and promptly mailed it back to the election office in Waconia, Minn. 

LaRose claims that voters will be disenfranchised in two ways. First, he states that Minnesota’s law is too burdensome because it requires that each absentee ballot be witnessed by a registered Minnesota voter, a notary or person otherwise authorized to administer oaths. Second, absentee ballots must be received by 3 p.m. (if hand delivered) or 8 p.m. (if delivered by mail) on election day.

LaRose states that weeks later, he was informed by mail that his vote had not counted because it arrived after the election day receipt deadline.

The plaintiff claims that he is concerned that he will not receive his 2020 ballot in time to ensure that it is returned by the election day deadline.

He also says that he is concerned that he will not be able to comply with the witness requirement as he does not know any Minnesota voters in Connecticut who could witness his ballot.

The Minnesota voter also mentions that even if he would pay for a notary, because of the coronavirus and the stay-at-home order in Connecticut, many notary offices are currently closed. 

The plaintiff maintains that even under normal conditions, the witness requirement puts a burden on Minnesota voters seeking to vote by mail by increasing the transaction and monetary costs associated with the voting procedure.

“Not only must voters find a witness to sign and certify their absentee ballot before they can send it, they must specifically find a witness who is registered to vote in Minnesota or who is specially authorized to administer oaths,” the Minnesota voters lawsuit says.

Minnesota voter voting in AmericaThose Minnesotans who are unable to find a registered voter that is willing to witness their ballot would have to seek out a notary and pay a fee to exercise their right to vote, the plaintiffs state. 

The lawsuit maintains that this challenge will prove to be insurmountable for those Minnesota voters who temporarily live out of state or have disabilities. 

In addition, the plaintiffs state that the election day receipt deadline will disenfranchise thousands of voters due to the already compromised U.S. Postal Service.

LaRose and the other plaintiffs in this case suggest that Minnesota adopt a postmark deadline, which the U.S. Supreme Court has accepted in a recent action concerning the Wisconsin voting procedure.

While Minnesota has a robust in-person voting system, the absentee voting system requires deliberate steps that must be taken well in advance of election day to ensure that a voter’s ballot is counted, the plaintiffs maintain.

First, the plaintiffs state that voters must complete an absentee ballot application and request an absentee ballot by the statutory deadline. Second, the voter must allegedly receive the absentee ballot by mail, complete the necessary information and obtain the witness signature from a fellow Minnesota voter, a notary or person who can administer oaths.

Finally, the voter must mail back the absentee ballot with enough time for it to arrive at the local location office by the election day deadline, the voter turnout lawsuit goes on to say.

“By restricting voters to only three limited categories of acceptable witnesses, all would-be absentee voters face substantial transaction costs, as they must seek out one of these qualified individuals to vote,” the lawsuit states.

The plaintiffs say these burdens will affect voter turnout, due to the coronavirus pandemic. They state that disabled voters, elderly voters and those with compromised immune systems may be risking their health, or their life, to find someone who can verify their ballot.

“Even where a voter can overcome the burdens imposed by the Witness Requirement, their risk of disenfranchisement remains high, as voters who fail to complete all of the steps outlined above in time to have their ballot delivered by Election Day will not have their votes counted,” the Minnesota voters lawsuit says.

Are you worried that you won’t be able to vote by mail due to COVID-19? Share your thoughts in the comments below.

The plaintiff is represented by Sybil L. Dunlop, Samuel J. Clark, Marc E. Elias, Amanda R. Callais, Abha Khanna, and Charles G. Curtis, Jr. of Perkins Coie LLP.

The Minnesota Voters Lawsuit is Robert LaRose, et al. v. Steve Simon, Case No. 62-CV-20-3149, in Minnesota District Court, County of Ramsey.

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One thought on Minnesota Voters Say COVID-19 Voting Practices Are Unfair

  1. Jill Kramer says:

    Yes, I live in Mn.

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