League of Women Voters files lawsuit over absentee ballot process

A lawsuit was filed Tuesday (Sept. 22) by the League of Women Voters of Arkansas to alter the process for accounting for absentee ballots this fall. The lawsuit claims Arkansas’ requirements for accepting absentee ballots is unconstitutional, and seeks a court-ordered change before the Nov. 3 general election.

The lawsuit – League of Women Voter of Arkansas v. Thurston – was filed in federal court against Secretary of State John Thurston and several members of the State Board of Election Commissioners.

In short, the litigation claims Arkansas’ signature match requirement, and the lack of an effective notice and cure process, violates voters’ due process rights and will erroneously disenfranchise eligible voters in the November 2020 election.

Arkansas election law requires election officials to reject any ballot that is missing a voters’ signature. If an official perceives there is a difference between the signature, address, or date-of-birth on the voters’ absentee ballot and absentee ballot application materials, those ballots are disqualified as well.

Voters affected by signature mismatches do not receive an opportunity to remedy the differences, or any notice that their ballot has been rejected until after Election Day. Arkansas officials do not begin reviewing the absentee ballots until Election Day. The plaintiffs are asking officials to begin matching the information on voters’ absentee ballots and absentee ballot applications earlier – 15 days before the election – and to provide voters with notice and a chance to fix any discrepancies, and to do so by the most efficient way possible.

“There is a wide range of physical and environmental factors that can cause someone’s signature to vary, but this does not mean their vote should be discounted,” said John Powers, counsel at the Voting Rights Project at the Lawyers’ Committee for Civil Rights Under Law. “The failure to give voters notice and an opportunity to correct these inconsistencies means that eligible voters will be disenfranchised. These protections are more important given the increased reliance on absentee voting in the November election and with just weeks to go, we are turning to the courts for relief.”

Additional attorneys in the case include Debevoise & Plimpton LLP, as well as local counsel David Couch and Preston Eldridge. In addition to the League of Women Voters, two registered voters – Robert William Allen and John McNee – who intend to vote by absentee ballot are plaintiffs in the suit.

“Arkansas voters could have confidence that their vote would count if there were a process for fixing issues when their ballots are marked for rejection,” said Nell Matthews, president of the League of Women Voters of Arkansas. “With the surge in absentee ballots this year because of COVID-19, many of our most vulnerable voters are at risk of disenfranchisement without a notice and cure protection. No one should have their vote thrown out due to a small signature error or mismatch.”

Like many other states, Arkansas is expected to see a record-breaking number of people cast their vote by absentee ballot due to COVID-19.

“The complaint seeks to make sure the voice of everyone who votes absentee is heard and not disregarded,” said Couch.

“The right to vote is fundamental, and we are collaborating with the Lawyers Committee and the League on this litigation to ensure that everyone’s vote is counted,” said David Rivkin, a litigation partner at Debevoise & Plimpton.

You can read a copy of the lawsuit at this link.