COLUMBIA, S.C. (AP) - As officials grapple with ways to carry out November’s general election amid the continuing coronavirus pandemic, South Carolina Democrats are again taking legal action to challenge limits on absentee voting, warning that poll workers and voters “are headed for calamity” unless changes are made.
“The COVID-19 pandemic threatens the orderly conduct of the November general election by diminishing the number of election workers willing to expose themselves to certain harm and the number of available polling locations willing to welcome the public,” attorneys for the state Democratic Party wrote Friday in a petition with the South Carolina Supreme Court taking action against state House Speaker Jay Lucas.
“Current election procedures are insufficient to secure the election from the tumult caused by the coronavirus pandemic or grant free and open access to the ballot to individual voters at the greatest risk of a severe case of COVID-19.”
The filing asks the South Carolina Supreme Court to adopt a plan by state election officials — strapped by limited numbers of poll workers willing to man booths on Election Day, and confronted by voters fearful of getting sick while voting - that calls for no-excuse absentee voting, eliminates the absentee witness requirement and gives more time for counting absentee ballots.
Attorneys are asking the court to hear the case in original jurisdiction, leap-frogging a series of lower courts in the interest of time. They also asked justices to implement designated curbside polling locations and expanded use of the “electronic ballot delivery” now used for military voters.
Representatives for the Election Commission and Lucas did not immediately respond to messages seeking comment.
The filing comes as COVID-19 cases in South Carolina continue to rise at levels keeping the state’s situation among the most dire in the nation, with only Arizona, Texas, California and Florida seeing more than the rolling average of COVID-19 deaths in the state. On Friday, South Carolina heath officials announced 1,346 new confirmed coronavirus cases, bringing the total to more than 88,500 since the pandemic began. With 45 additional deaths attributed to the virus, the state’s total is now 1,647.
The petition seeks the expansion of the no-excuse absentee voting rules put in place for the June primary elections, changes that came after Democrats at the state and national levels sued in both federal and state courts challenging requirements that voters cite reasons including advanced age, physical disability or work requirements as excuses for voting absentee. Also waived was a requirement that absentee ballots be signed by a witness.
State Democrats have been threatening more legal action since last month, when lawmakers opted not to extend such practices to the November general election. Leaving Columbia without taking up the issue, some lawmakers have pledged to discuss it again when the chambers reconvene for a session in September.
A federal judge ultimately struck the witness requirement, but state justices opted not to rule on absentee requirements after lawmakers stepped in to approve changes.
State election officials have already been seeking more relief from state lawmakers, who wield control over election-related laws. Last week, Election Commission Director Marci Andino urged Lucas and Senate President Harvey Peeler to take swift action to safeguard the November election to give elections officials copious time to plan.
In June, some areas including Richland County experienced serious issues on primary day, with some voters waiting in line for hours to cast ballots due to a lack of poll workers and some races not appearing on voters’ lists. Election Commission officials have said they will be focusing more intently on Richland County in future elections.
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Meg Kinnard can be reached at http://twitter.com/MegKinnardAP
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