This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Oppenheim v. Watson
Closed
Oppenheim v. Watson, No. 25CH1:20-cv-00961 (Miss. Chancery Ct., Hinds Cnty.) |
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| Case Summary | Plaintiffs sued Mississippi Secretary of State Michael Watson for a declaratory judgment regarding the meaning of the absentee ballot provision in Mississippi law (Section 23-15-713(d)) and who can vote absentee in the context of the COVID-19 pandemic, including clarification regarding the meaning of "physician-imposed quarantine" and "dependent" in Section 23-15-713(d). In particular, plaintiffs asked the court to declare that: (1) "any elector who has an underlying physical condition that places them at a higher risk for severe illness or death from COVID-19 has a physical disability under the terms of the statute and may vote by absentee ballot under Mississippi Code§ 23-15-713(d)"; (2) "a voter may vote absentee if he or she wishes to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, and other physicians or public health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic," because "guidance from the MDH, CDC, or other physician to avoid unnecessary public gatherings or other congregate settings qualifies as a 'physician-imposed quarantine' that a voter could invoke as a 'temporary physical disability' in order to avoid the grave health risks posed by going to the polls and encountering groups of people during this pandemic"; and (3) "a voter may vote absentee if he or she provides care or support to any other individual who is avoiding unnecessary public gatherings during the COVID-19 pandemic," because a dependent is "anyone who is caring for someone who is under a 'physician-imposed quarantine.'" Consistent with the declaration, plaintiffs asked the court to issue a preliminary and permanent injunction ordering the Mississippi Secretary of State to instruct county elections officials about the application of Mississippi Code § 23-15-713( d). | |
| Filed | 08/11/2020 | |
| State | Mississippi | |
| Type of Court | State | |
| Status | Closed () | |
| Last Updated | 09/08/2020 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow No-Excuse Vote by Mail, Failure to Allow Fear of COVID to Qualify as “Excuse”) In-Person Voting COVID Concern (Suspension of In-Person Voting) |
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| Complaint(s) | 08/11/2020: Complaint filed. | |
| Dispositive Ruling(s) | 09/02/2020: Order/Ruling, The court Order granted relief to some individual plaintiffs and denied relief to others regarding their qualification to vote absentee pursuant to Miss. Code Ann. SEc 23-15-713(d) due to various physical disabilities. The court also ruled that “[i]t is not up to the Clerk to decide whether any individual’s physical condition or ailments rise to the level of a disability nor its it the Clerk’s responsibility to determine whether a person is at severe risk of illness or death if they were to contract COVID-19. Any such determination shall be made by the elector in good faith.” On the question of whether the state statute permits any voter with pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death to vote absentee ballot during the COVID-19 pandemic the relief sought by the Plaintiffs was GRANTED to the extent that such pre-existing “physical...condition impairs, interferes with, or limits a person’s ability to engage in certain tasks or actions or participate in typical daily activities and interactions” or an “imparied function or ability” that interferes thereof. On the question whether the state statute permits any voter to vote absentee if he or she wishes to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, or public health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic, the relief sought was DENIED, however, a voter will be allowed to vote absentee if he or she or any dependent has consulted with a physician who recommends, due to the individual’s physical disability or that of their dependent, that he or she not attend any public gathering because the possibility of contracting COVID-19. The court denied the request for an preliminary and permanent injunction ordering the state to educate voters on their right to vote absentee pursuant to this decision. | |
Oppenheim v. Watson, No. 2020-CA-00983-SCT (S.Ct of Mississippi) |
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| Case Summary | Mississippi Secretary of State, appellant, argues that the lower court erred in interpreting Mississippi law to allow those who fear COVID transmission or who choose voluntarily to follow public health guidance to submit absentee ballots. Plaintiffs (now respondents and cross-appellants) initially sued defendant (appellant and cross-respondent) Mississippi Secretary of State Michael Watson for a declaratory judgment regarding the meaning of the absentee ballot provision in Mississippi law (Section 23-15-713(d)) and who can vote absentee in the context of the COVID-19 pandemic, including clarification regarding the meaning of "physician-imposed quarantine" and "dependent" in Section 23-15-713(d). In particular, plaintiffs asked the court to declare that: (1) "any elector who has an underlying physical condition that places them at a higher risk for severe illness or death from COVID-19 has a physical disability under the terms of the statute and may vote by absentee ballot under Mississippi Code§ 23-15-713(d)"; (2) "a voter may vote absentee if he or she wishes to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, and other physicians or public health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic," because "guidance from the MDH, CDC, or other physician to avoid unnecessary public gatherings or other congregate settings qualifies as a 'physician-imposed quarantine' that a voter could invoke as a 'temporary physical disability' in order to avoid the grave health risks posed by going to the polls and encountering groups of people during this pandemic"; and (3) "a voter may vote absentee if he or she provides care or support to any other individual who is avoiding unnecessary public gatherings during the COVID-19 pandemic," because a dependent is "anyone who is caring for someone who is under a 'physician-imposed quarantine.'" Consistent with the declaration, plaintiffs asked the court to issue a preliminary and permanent injunction ordering the Mississippi Secretary of State to instruct county elections officials about the application of Mississippi Code § 23-15-713( d). The Chancery Court Order granted relief to some individual plaintiffs and denied relief to others regarding their qualification to vote absentee pursuant to Miss. Code Ann. Sec 23-15-713(d) due to various physical disabilities. The court also ruled that “[i]t is not up to the Clerk to decide whether any individual’s physical condition or ailments rise to the level of a disability nor its it the Clerk’s responsibility to determine whether a person is at severe risk of illness or death if they were to contract COVID-19. Any such determination shall be made by the elector in good faith.” On the question of whether the state statute permits any voter with pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death to vote absentee ballot during the COVID-19 pandemic the relief sought by the Plaintiffs was granted to the extent that such pre-existing “physical...condition impairs, interferes with, or limits a person’s ability to engage in certain tasks or actions or participate in typical daily activities and interactions” or an “imparied function or ability” that interferes thereof. On the question whether the state statute permits any voter to vote absentee if he or she wishes to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, or public health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic, the relief sought was DENIED, however, a voter will be allowed to vote absentee if he or she or any dependent has consulted with a physician who recommends, due to the individual’s physical disability or that of their dependent, that he or she not attend any public gathering because the possibility of contracting COVID-19. The court denied the request for an preliminary and permanent injunction ordering the state to educate voters on their right to vote absentee pursuant to this decision. Defendant Secretary of State Watson appealed, and Plaintiff's cross-appealed. | |
| Filed | 09/10/2020 | |
| State | Mississippi | |
| Type of Court | State | |
| Status | Closed () | |
| Last Updated | 09/23/2020 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow No-Excuse Vote by Mail, Failure to Allow Fear of COVID to Qualify as “Excuse”) | |
| Dispositive Ruling(s) | 09/10/2020: Appellant Brief | |
| 09/17/2020: Other, The Supreme Court of Mississippi, in an en banc decision, reversed the chancery court's injunction. The Supreme Court held that the plain meaning of the state statute does not permit those with preexisting conditions to qualify as having a disability, nor a physician recommendation to qualify as a quarantine. | ||
