Citing COVID-19 threat, voters ask federal judge to force SC to widen absentee voting

Citing the threat from COVID-19, a group of Democratic voters and groups are asking a federal judge for an injunction that would require the South Carolina Election Commission to allow all voters — not just a limited few — the right to vote absentee in the upcoming November election.

The request, made public Tuesday, is to U.S. District Judge Michelle Childs and is part of an ongoing COVID-19 elections lawsuit against the commission.

In late May, Childs showed she could be receptive to arguments about the dangers of the coronavirus at polling places, especially to the elderly, when she ordered the election commission to eliminate the requirement that people mailing in absentee ballots had to have an independent witness verify the signature of a voter on a mail-in ballot. Childs made the ruling after determining no one had produced any evidence that voter fraud was a problem in South Carolina.

Tuesday’s injunction request seeks a far broader ruling and would open up absentee voting to virtually anyone who wanted to do so. Currently, only a minority of South Carolinians in narrowly defined categories — such as being in jail, or being disabled, or being away on vacation — are granted permission to vote absentee.

Election Commission executive director Marci Andino and three state election commission members who are named in the lawsuit as defendants had no immediate comment.

The injunction seeks:

▪ To allow all S.C. voters, not just those in a narrow group of categories, the right to cast an absentee ballot in the upcoming November election. For example, one category of voters permitted to cast an absentee ballot is anyone 65 or older. But the injunction seeks to do away with the age requirement and all other requirements that stand in the way of universal absentee voting.

▪ To extend the time by which mailed-in ballots must reach elections officials in order to be counted. Currently, the ballots must get to the county elections board by 7 pm on elections day.

▪ To eliminate the requirement that an absentee voter must have another person witness their signature. (Childs already agreed to this for the June primary.)

“Absent Court intervention, the (narrow absentee ballot requirements) ... will force thousands of South Carolinians to choose between their health and their right to vote in November,” the request says.

The request stresses how dangerous the highly contagious COVID-19 is in South Carolina and how it presents a special hazard to people who would otherwise crowd into polling places. Across the United States, more than 155,000 have died from coronavirus in the last six months and nearly 5 million have been infected.

“ (C)oronavirus is hitting South Carolina hard. In just six months, more than 90,000 people in the State have tested positive, and 1,700 have died. The cases grow at record pace on a daily basis,” the request says. “The only way to prevent the virus’s spread is to minimize interactions with individuals. ... All evidence indicates that the COVID-19 trend line will only accelerate through November.”

The injunction request indicates the Election Commission should not object to the injunction, since in a July 17 letter to General Assembly leaders, executive director Andino recognized the dangers of voting during the pandemic and pleaded for help.

In that letter, Andino told the leaders — House Speaker Jay Lucas, R-Darlington, and Senate President Harvey Peeler, R-Cherokee — that COVID-19 represented “the greatest challenge to our election system our state has ever seen.”

Although the state election machinery functioned adequately in the June primaries because of beefed up efforts to cope with COVID-19, the number of people voting will be much higher in November, Andino warned. In the June primaries, only 18% of the state’s voters turned out. Presidential election years have an average voter turnout of 71%, she wrote.

Andino asked the legislators for similar things the injunction seeks: to allow all voters to apply for absentee ballots, remove witness requirement and to give local elections officials more time to process mail in ballots.

The plaintiffs in the case seek a hearing before Childs in the matter. However, the Election Commission will be given two weeks to reply in writing. A hearing could be held by the end of August.

According to the Election Commission, more than 2.1 million voters participated in the 2016 General Election.

“We expect a higher turnout in this year’s general election, however; It is difficult to provide an expected participation number,” said commission spokesman John Michael Catalano in an email.

One indication of the expected higher turnout in November is to compare the number of people who voted in this year’s statewide primaries with the number who voted in the 2016 primaries, he said.

In 2016, 416,000 people voted in S.C. primaries. In June, 767,000 voted.

Voting absentee in South Carolina requires the voter to take the initiative in one of two main ways.

The voter can go by the county election office, request an application for an absentee ballot, fill out the application and then cast their ballot.

The second way takes longer and involves more steps. A voter can print out an absentee ballot application from online, or go by the county election office and get an application. Then, the voter can either take the application to the local election office or mail it to the office and receive a ballot by return mail. Once the ballot arrives, the voter should fill it in, sign it and mail it, or take it, to the local board.

Voters are encouraged to apply for an absentee ballot as soon as possible. They should receive a ballot about 30 days before the election and should return it as soon as possible, according to the Election Commission.

This story was originally published August 4, 2020 at 4:56 PM.