Voters should not have to choose between protecting their health and exercising their constitutional rights.
. Each of these lawsuits cites the respective state constitution’s protections for the right to vote and to participate in a “free” election on equal terms. An election that may expose voters to a deadly virus, they argue, is not free in any real sense: Citizens must imperil their health to exercise the franchise, or else forfeit their constitutional liberties. And there are few heavier burdens on the right to vote than the very real possibility that doing so may kill you.
The North Carolina lawsuit provides a good illustration of the arbitrary rules that could disenfranchise vulnerable voters. In the 2018 midterms, Republican political operative McCrae Dowlessfrom black voters then filled them out in favor of the GOP candidate. Even though Dowless’ actions were illegal under existing law, the state Legislature responded by passing sweeping new restrictions on absentee ballot collections.
That constraint would not have halted Dowless’ scheme. It also outlaws the long-standing tradition of volunteers helping low-income residents with limited access to mail and internet obtain their ballots. And so, ironically, the new law could disenfranchise the same communities that Dowless targeted. Voting rights advocates haveNot all of these suits will be successful.
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