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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 states’ 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.

 

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

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