emergency stay

The Supreme Court has frozen a district court order that lifted Alabama’s ban on curbside voting. As a result, curbside voting must discontinue in Alabama.

Alabama law is silent on curbside voting. A number of Alabama counties were offering it due to COVID-19. Alabama’s Secretary of State, John Merrill, has taken the position that curbside voting violates state law and has banned it. A federal district court...

The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through October 31. As a result, the Census Bureau may immediately stop the count.  

The Census Bureau lost 47 dates of field operations (counting people) due to COVID-19 between March and May. In April it announced it would extend field operations until October 31. In August it changed the ending date of field operations to September 30...

Since April 2020 the Supreme Court has handled numerous emergency requests related to COVID-19. Requests involving stay-at-home orders and judge-made changes to elections laws are of most interest to states and local governments. The trends in both categories of cases is clear but the reasons are murky. Oftentimes none of the Justices announce, much less explain, their vote.

In these emergency requests the challenger isn’t asking the Supreme Court to decide the case on the merits. Instead, it is either asking the Supreme...

The Supreme Court refused to overturn a consent decree in which Rhode Island state government officials agreed, due to COVID-19, to not enforce state law requiring the signature of two witnesses or a notary public for mail ballots.

The Court issued a statement noting that it stayed a court order in a case from Alabama similar to the consent decree in this case. However, according to the Court, in this case no state officials object to the consent...

The Supreme Court has not allowed a federal district court order to go into effect which required Oregon to include a ballot initiative with only 50 percent of the signatures required by Oregon’s constitution, due to the COVID-19 pandemic.

The Oregon Constitution requires advocates of ballot initiatives to obtain signatures equal to eight percent of ballots cast in the most recent governor’s race (here about 150,000) four months before the...

Pages