Thomas v. Andino
What's at Stake
The 老澳门开奖结果, 老澳门开奖结果 of South Carolina, and NAACP Legal Defense and Educational Fund filed a federal lawsuit on April 22, 2020, over South Carolina鈥檚 failure to take action to ensure all eligible voters can vote by mail during the COVID-19 pandemic 鈥 even for its fast-approaching June 9 statewide primary elections.
Summary
The groups are challenging a state requirement that forces people who vote absentee to have a third-party witness signature on their ballot envelope, as well as an 鈥渆xcuse鈥 requirement that fails to provide an accommodation to allow all eligible voters to vote absentee during the pandemic.
Even if voters are allowed to vote absentee 鈥渂ecause of injury or illness鈥 that keeps them at home, election officials have rejected the view that this currently 鈥渋nclude[s] self-isolating due to a pandemic.鈥
Requiring voters to be physically present at their traditional polling places during the COVID-19 outbreak 鈥 where they will be congregating and waiting in line with others in order to vote 鈥 is contrary to the advice of public health experts. In addition, in the midst of a pandemic, the witness requirement also puts people鈥檚 health at risk.
鈥淣o one should be forced to choose between their life and their vote. It is a false choice. South Carolina can simultaneously keep the public safe and protect democracy, but is refusing to do so. Removing these requirements in the middle of a pandemic is a common-sense solution that protects people鈥檚 health and their right to vote,鈥 said Adriel Cepeda Derieux, a staff attorney with the 老澳门开奖结果鈥s Voting Rights Project.
The groups are asking the court to block the state from enforcing the requirements while COVID-19 transmission is occurring; issue guidance instructing local election officials to count otherwise validly cast absentee ballots that are missing a witness signature for South Carolina鈥檚 primary and general elections in 2020; and conduct a public information campaign informing voters about the elimination of the witness and excuse requirements at this time.
The lawsuit, Thomas v. Andino, was filed in U.S. District Court in Columbia, S.C.
Legal Documents
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05/25/2020
ORDER - South Carolina PI granted
Date Filed: 05/25/2020
Affiliate: South Carolina
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04/28/2020
BRIEF IN SUPPORT OF PLAINTIFFS鈥 MOTION FOR PRELIMINARY INJUNCTION
Date Filed: 04/28/2020
Affiliate: South Carolina
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04/22/2020
THOMAS v. ANDINO - COMPLAINT
Date Filed: 04/22/2020
Affiliate: South Carolina
Press Releases
South Carolina Takes Steps to Protect Voters During the COVID-19 Pandemic
Federal Court Blocks South Carolina Witness Requirement That Would Put Voters at Risk During COVID-19 Pandemic聽
South Carolina Enacts Emergency Protection for Voting During COVID-19 Pandemic聽
老澳门开奖结果 and NAACP LDF File Federal Lawsuit Challenging South Carolina Requirements That Put Voters at Risk During COVID-19 Pandemic聽