AUGUSTA, Maine — As Election Day draws nearer and thousands of Mainers consider absentee voting amid the coronavirus pandemic, advocacy groups are fighting to protect voters’ rights ahead of the Nov. 3 election.
In an amicus brief—a legal document filed in support of a lawsuit filed against Maine Secretary of State Matthew Dunlap and Maine Attorney General Aaron Frey—challenges barriers to absentee voting in Maine.
The American Civil Liberties Union (ACLU) of Maine and the Maine Conservation Voters filed the brief in Kennebec County Superior Court on Tuesday. The brief makes three arguments:
- the state requirement that absentee ballots must be received by November 3 unconstitutionally disenfranchises voters;
- that the lack of prepaid postage on absentee ballots amounts to an unconstitutional poll tax; and
- voters should be given notice and an opportunity to fix any perceived signature issues that town clerks identify with voters' absentee ballots.
“Maine has an obligation to ensure that all eligible voters can participate in this fall’s election,” chief counsel for the ACLU of Maine Zach Heiden said in a statement. “Given the unprecedented nature of the COVID-19 pandemic and the importance of absentee voting, it’s critical for the court to eliminate barriers to participation and to make sure that the voice of every eligible voter is heard.”
The brief supports the plaintiffs in Alliance of American Retirees v. Dunlap, who filed their complaint in Maine Superior Court against Dunlap and Frey on June 24.
Read the brief here:
The brief asks the court to require that the state count ballots as long as they are postmarked by November 3.
Heiden says amid the changes at the U.S. Postal Service (USPS) that threaten to disenfranchise voters in the upcoming election, and statements made by President Donald Trump that he opposed emergency funding to make voting by mail more difficult, “[t]he state needs to act proactively to ensure all eligible voters can vote safely, which is required by the Maine Constitution.”
“The presidential election will largely be conducted by mail, and the Trump administration has worked to undermine the USPS,” Heiden said. “The USPS has already informed Maine election officials that it cannot guarantee delivery of absentee ballots by November 3.”
The Maine Secretary of State’s Office says they cannot comment on pending litigation.