Louisianans affected by COVID-19 should be able to request absentee ballots using the same system that was in place during the July and August elections, a federal court judge ruled last week.
Judge Shelly Dick of the Middle District of Louisiana issued a ruling in a voting-rights case that challenged an emergency election plan for the Nov. 3 presidential election advanced by Secretary of State Kyle Ardoin. Voting-rights groups and Gov. John Bel Edwards hailed the decision as a victory that would allow all voters to cast ballots safely.
Ardoin’s plan called for a 10-day early-voting period, which Dick affirmed. But the judge sided with plaintiffs in calling for voters to have access to a COVID-19 absentee ballot application that was available during the July and August votes.
That application will allow voters to request an absentee ballot if they test positive for coronavirus, or if they are symptomatic or under quarantine. In addition, those who are at high risk of contracting the virus or who care for people who are ill can also obtain absentee ballots under the provisions of Dick’s decision.
“Plaintiffs have shown that the state’s failure to provide accommodation for pandemic-affected voters is likely unconstitutional because it imposes an undue burden on plaintiffs’ right to vote,” the judge stated.
Louisiana Vote-By-Mail, which favors expanded voting rights during the coronavirus situation, responded positively to Dick’s decision, even though the early voting period won’t be as long as the group would have liked.
“We are not really too concerned about the 10-day voting period rather than a 13-day voting period,” Charlie Stephens, Louisiana Vote-By-Mail’s director, told the Louisiana Record. “We knew we weren’t going to get everything we asked for, but it’s still a big victory.”
The additional COVID-19 qualifications to obtain an absentee ballot will ensure that people won’t have to choose between casting a ballot and risking their health, according to voting-rights groups.
“We’re confident that with the judge’s ruling, Louisiana will be able to carry out an election that makes sure people will be able to cast their ballots safely this November,” Stephens said, adding that Judge Dick’s ruling could be the last word on the issue.
“Unless the attorney general decides he wants to appeal this, this will be the last of the litigation on the issue, assuming we don’t have a massive spike in cases in the state,” he said.
Edwards called the court decision a victory for health and safety as well as democracy. “COVID-19 remains a serious problem in Louisiana, and voting should not be a super-spreader event,” he said in a Twitter post.