Supreme Court rejects GOP request to block Rhode Island from accepting absentee ballots without witnesses
WASHINGTON – The Supreme Court on Thursday rejected a Republican National Committee challenge to Rhode Island's move to waive a requirement that two witnesses or a notary validate a voter's signature on mailed-in ballots.
In April, Gov. Gina Raimondo, a Democrat, suspended the two-witness requirement for the state’s June 2 presidential primary – which was originally scheduled for April 28 – because of the coronavirus pandemic.
Common Cause Rhode Island, the League of Women Voters of Rhode Island and others sued to extend the rule change. State officials eventually agreed to waive the requirement for the Sept. 8 statewide primary – which includes Rhode Island's U.S. House seats and one of its Senate seats – and the November general election.
Rhode Island is set to mail absentee ballots this week for its September primary. Races on the ballot include seats in both houses of the General Assembly, Rhode Island’s two congressional seats and one of the state’s two Senate seats.
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State officials justified the decision to drop the requirement on the grounds that it inherently forced people into close contact, increasing their risk of infection. Republicans argued that dropping the requirement increased the risk of voter fraud and that the state had already taken steps to mitigate the risks, such as allowing 20 days of early voting and implementing measures to protect voters and poll workers.
President Donald Trump has frequently railed against vote-by-mail since the pandemic sparked demands that all voters be given the option to avoid crowded polling places. He has made dubious distinctions between vote-by-mail and absentee voting, as well the risk of fraud.
Experts say that while there is evidence that voter fraud occurs more with mailed ballots than in-person voting, it is still very rare and statistically insignificant.
The RNC pointed to a case in Alabama where the Supreme Court blocked a lower court ruling that sided with voters who had sued against a similar witness requirement. In that case, the state defended the requirement, but in Rhode Island, state officials backed the change, the Supreme Court noted in its order denying the Republican request.
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"And no state official has expressed opposition" to the change, it said. It added that because the rule had not been in place for the June presidential primary, many Rhode Island voters might assume the requirement was not in place for the other upcoming elections this year.
"The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief," they said.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the RNC request, the order said.
By rejecting the challenge, the Supreme Court leaves in place the district court ruling that found enforcing the two-witness requirement during the coronavirus outbreak "places an unconstitutional burden on the right to vote."
Aug. 18 is the last day voters can apply for a mail-in ballot for the Sept. 8 primary. For the Nov. 3 general election, Oct. 13 is the last day to apply.
Contributing: The Associated Press
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This article originally appeared on USA TODAY: Vote-by-mail: Supreme Court rejects GOP challenge in Rhode Island
