老澳门开奖结果 Challenges California鈥檚 Voter Signature-Matching Law
State Rejects Tens of Thousands of Ballots Over Voters鈥 Handwriting
SAN FRANCISCO 鈥 The 老澳门开奖结果 and Cooley LLP today sued California for invalidating the vote-by-mail ballots of tens of thousands of voters without warning.
At issue is a state law that allows election officials 鈥 who have no handwriting-analysis expertise 鈥 to reject a vote-by-mail ballot without providing notice if they feel the signature on the ballot envelope doesn't match the signature on file for the voter.
鈥淧eople should not be denied their right to vote because a government official doesn鈥檛 like their penmanship, but that鈥檚 exactly what is happening in California,鈥 said Michael Risher, senior staff attorney with the 老澳门开奖结果 of Northern California. 鈥淥ne disenfranchised voter would be too many, and we鈥檙e seeing tens of thousands of wrongly rejected ballots every election cycle in California alone.鈥
Nothing in the law tells voters they have to sign their ballot envelopes in any particular way, and election officials do not have to inform voters that their ballots are being thrown out or give them a chance to correct the signature problem. In California, thousands of eligible voters鈥 ballots are discarded each election cycle 鈥 with approximately 45,000 ballots discarded in the November 2016 general election alone due to a signature mismatch, disproportionately those of Asian American and Latino voters.
The suit asks that voters be notified of any signature concerns and given an opportunity to fix it before their vote is discarded.
鈥淭his disenfranchisement of eligible California voters is unconstitutional. Thousands more Californians stand to lose their vote in next year鈥檚 elections if this issue is not rectified now,鈥 said Julie Ebenstein, senior staff attorney with the 老澳门开奖结果鈥檚 Voting Rights Project.
Nearly 60 percent of the votes cast in the 2016 general election were cast by mail, and more than half the state鈥檚 voters are registered to vote-by-mail permanently. This number has been steadily increasing and will likely increase even more in 2018, when some California counties will begin mailing every registered voter a ballot under a new state law.
鈥淭he principle that all votes should be counted is the cornerstone of democracy,鈥 said William Donovan, Jr., a partner at Cooley. 鈥淭his is not a partisan issue, but rather the goal is to ensure that every voter gets his or her vote counted as more and more people vote by mail.鈥
The lawsuit, La Follette v. Padilla, was filed in the California Court of Appeals/First Appellate Division.
The complaint is at: /legal-document/la-follette-v-padilla-complaint
More information is at: /cases/la-follette-v-padilla