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Peer-Reviewed Articles Democracy & Voting Rights

Legal Theories to Compel Vote-by-Mail in Federal Court

Plaintiffs seeking access to vote-by-mail face legal uncertainty as to the claims that might enable their access to mail voting during this pandemic.


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Summary:

Plaintiffs seeking access to vote-by-mail face legal uncertainty as to the claims that might enable their access to mail voting during this pandemic. To provide a roadmap for federal vote-by-mail lawsuits related to COVID-19, this Article outlines many of the possible claims that advocates can bring in federal court to challenge statesā€™ failure to provide mail ballots to voters. Where clear tests and guidelines for necessary evidence are absent from the case law, we propose our own.

 

Read the peer-reviewed article here:

http://www.californialawreview.org/theories-to-compel-vote-by-mail/