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Gothmog

(144,005 posts)
Wed Sep 9, 2020, 01:17 AM Sep 2020

Federal Court struck down signature mismatch procedure for vote by mail

The process in Texas is that each vote by mail ballot is examined by the ballot board in each county where one Democrat member and one Democratic member look at the signature on the envelope and on the ballot and compared these signatures to the signature on the voter's voter registration card. If there are any disputes, then the chair of the ballot board determines the validity of the ballot. The head of the ballot board is selected by the party who got the most votes in that county in the last governor's race. In most of the major urban counties, the Democratic Party controls the ballot board but in many rural counties, the GOP control.

The Texas Civil Rights Project sued on the signature mismatch and got a ruling today.



In Georgia and Florida, Marc Elia sued and got Florida and Georgia to agree to notify a vote of a defect in their ballot and give them a chance to cure such defect. Texas has no such procedure but this may be ordered by this ruling
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Federal Court struck down signature mismatch procedure for vote by mail (Original Post) Gothmog Sep 2020 OP
That is very good news. Of course, the republicans won't think so. n/t CaliforniaPeggy Sep 2020 #1
That's good Salviati Sep 2020 #2
From the Texas Civil Rights Project Gothmog Sep 2020 #3
I read the opiinion Gothmog Sep 2020 #4

Salviati

(6,002 posts)
2. That's good
Wed Sep 9, 2020, 01:22 AM
Sep 2020

It hasn't happened to me, but a friend once did get called about his signature on a ballot. Nothing hinky going on, just drift in his signature and the system working like it should.

Gothmog

(144,005 posts)
4. I read the opiinion
Thu Sep 10, 2020, 08:47 PM
Sep 2020

It is well done. Here is the order of the court


As set forth in Section III of this Order,63 the Court hereby ENJOINS the Secretary to implement an immediate remedial plan for the November 3, 2020 elections consistent with the following terms:

(1) The Secretary must-within ten (10) days of this Order-provide a copy of this Order to all local election officials and issue an advisory notifying all local election officials that the rejection of a voters' ballot on the basis of a perceived signature mismatch is unconstitutional if the voter is not provided with (a) pre-rejection notice of a perceived mismatched signature and (b) a meaningful opportunity to cure his or her ballot's rejection.

(2) Further, in order to protect voters' rights in the upcoming November 2020 elections, the Secretary must-within ten (10) days of this Order-either:

(a) Issue an advisory to all local election officials notifying the election officials that-in light of the Court's determination as to the constitutionality of the existing procedures-mail-in ballots may not be rejected on the basis of a perceived signature mismatch under Texas Election Code § 87.04l(b)(2) during the upcoming November 2020 elections; or

(b) Issue an advisory to all local election officials notifying the election officials that-in light of the Court's determination as to the constitutionality of the exsting procedures-the Constitution requires the following:

(i) Before rejecting a ballot on the basis of a perceived signature "mismatch," any EVBB and/or SVC must compare the signatures on the voter's application and carrier envelope with all other signatures from the prior six years that are on file with the county clerk or voter registrar so that the EVBB and/or SVC can "confirm" its initial determination that a ballot should be rejected;

(ii) Voters whose signatures are perceived to be mismatching following the comparison in (2)(b )(i) must be mailed notice of a rejected ballot within one day of the EVBB's and/or SVC's rejection determination, and the notice must (a) advise the voter that-in the event the voter believes his or her ballot was improperly rejected-the voter may seek relief by contacting an appropriate election official and (b) provide the appropriate local election official's (or officials') telephone number and mailing address;

(iii) In the event a voter whose signatures are perceived to be mismatching provided his or her phone number on the voter's ballot application, local election officials must make at least one phone call to that number within one day of the EVBB's and/or SVC's rejection determination, and on the call, the election official must (a) notify the voter of his or her ballot's pending rejection based on a perceived signature mismatch, (b) advise the voter that-in the event the voter believes his or her ballot was improperly rejected-the voter may seek relief by contacting an appropriate election official, and ( c) provide the appropriate local election official's (or officials') telephone number and mailing address; and

(iv) In the event any voter notifies the appropriate local election official(s) that his or her ballot was improperly rejected based on a perceived signature mismatch or claims that he or she signed both the application and the carrier envelope, the appropriate county election officer must pursue a challenge on behalf of the voter pursuant to § 87.127, unless the voter explicitly informs the county election officer that he or she does not wish for the official to pursue relief on the voter's behalf.

3 Finally, in the event any local election official fails to comply with any of the Secretary's advisories described above, the Secretary must advise the local election official that he or she is "imped[ing] the free exercise of a citizen's voting rights" in violation of the Constitution, and the Secretary must order "the person to correct the offending conduct" pursuant to§ 31.005.

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