Sunday, June 24, 2018

Ninth Circuit Allowing CA All Vote by Mail Elections in Some Counties


Appeal from the United States District Court for the Eastern District of California
Troy L. Nunley, District Judge, Presiding

Argued and Submitted June 8, 2018 Pasadena, California
Filed June 22, 2018

The panel affirmed the district court’s denial of plaintiffs’ request for an order preliminarily enjoining the California Voter’s Choice Act (“VCA”).

California decided to Adopt an All-Mailed Ballot Election system, and Enacted the VCA. The VCA’s County-by-County Structure permits Voters in some Counties to Receive a Ballot by Mail Automatically, while Requiring Voters in other Counties to Register to Receive a Ballot by Mail.

Plaintiffs alleged that the VCA Violated the Fourteenth Amendment’s Equal Protection Clause by Restricting the Fundamental Right to Vote on the basis of County of Residence without sufficient Justification; and sought a Preliminary Injunction against Enforcement of the VCA.

The Panel held that the District Court properly Denied the Request for a Preliminary Injunction. The Panel held that the Case did not raise “serious questions” under the Supreme Court’s Anderson/Burdick Test for Constitutional Challenges to State Election Laws, which provided that Strict Scrutiny applied only where the Burden on the Fundamental Right to Vote was Severe.

California used the Size of a County's Active Voters to determine if they sent Ballots automatically or by Request.

This allowed the State, not having to Open Polling Sites for smaller Voter Counties.

Any Registered Voter also may become a Permanent Vote-by-Mail Voter. As a Permanent Vote-by-Mail Voter, you Receive a Vote-by-Mail Ballot for each Election. To become a Permanent Vote-by-Mail Voter, you Complete an Application, which is Available from County Elections Official, or you may use On-Line Vote-By-Mail Applications in: English, Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Tagalog, Thai, and Vietnamese.

Permanent Vote-by-Mail Status will only End if you do Not Vote in Four Consecutive Statewide General Elections or you can complete the California Permanent Vote-By-Mail Status Form and Submit it to your County Elections Office.

NYC Wins When Everyone Can Vote! Michael H. Drucker
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