Federal judge suspends R.I. mail-in-ballot witness requirement for 2020 elections

THE ACLU of Rhode Island on Tuesday filed a lawsuit charging the Providence Police Department with race discrimination over the treatment of a Black former police recruit.

PROVIDENCE – A federal judge ruled on Tuesday night to suspend witness and notary requirements for mail-in ballot voting during the coronavirus pandemic for all 2020 elections.”

A number of advocacy groups, including the American Civil Liberties Union of Rhode Island, Campaign Legal Center and law firm Fried Frank on behalf of Common Cause Rhode Island, the League of Women Voters of Rhode Island and three Rhode Islanders with medical vulnerabilities filed a lawsuit last Thursday. The lawsuit had argued that the voter-witness interaction required would violate social-distancing guidelines by the state.

“Removing the witness and notary requirement in the midst of a deadly pandemic will protect people’s health and their right to vote,” said ACLU of Rhode Island Executive Director Steven Brown. “It was the right thing to do.”

Prior to the ruling, voters that vote by mail would need two witnesses or a notary to be present with the voter signs the certifying envelope containing the ballot for it to be counted as valid. The witnesses would also be required to list their addresses on the form next to the voter’s signature.

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U.S. District Court Judge Mary McElroy’s ruling came after the state’s Republicans made numerous objections, who claimed that mail-in votes without witnesses would cause voter fraud.

“[Thursday’s] ruling is a victory for voting rights and public health,” said R.I. Secretary of State Nellie Gorbea in a statement. “I am appalled that the Republican National Committee is actively working to prevent Rhode Islanders from being able to vote safely and securely from their homes during this pandemic.”

The requirement had been previously waived for the presidential primary elections in June because of COVID-19 concerns.

“This agreement is especially important for Black, Latinx, elderly, and disabled voters, who will rely on mail-in ballots to vote safely this year. Now Rhode Island voters can be assured that their safely-cast ballots will count,” said President of the League of Women Voters of Rhode Island Jane Koster.

Alexa Gagosz is a PBN staff writer. Contact her at Gagosz@PBN.com.

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