VOTE FORWARD et al v. DEJOY et al

Filing 16

MOTION for Preliminary Injunction by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: #1 Memorandum in Support, #2 Exhibit Index, #3 Exhibit USPS OIG Report (Aug. 2020), #4 Exhibit USPS, Postal Operations Manual (Excerpts), #5 Exhibit USPS OIG Report (May 2020), #6 Exhibit USPS, Mandatory Stand-Up Talk: All Employees, #7 Exhibit Leaked USPS Powerpoint, #8 Exhibit DeJoy Testimony - House Oversight Hearing (Aug. 24, 2020), #9 Exhibit DeJoy Testimony - Senate Hearing (Aug. 21, 2020), #10 Exhibit Statement of DeJoy - House Oversight Comm. (Aug. 24, 2020), #11 Declaration Professor Justin Grimmer, #12 Exhibit USPS, Congressional Briefing (Aug. 31, 2020), #13 Exhibit Chart of States Where Voters' Mail-In Ballots Are Impacted By Defendants' Delays, #14 Exhibit USPS Letter to Pa. (July 29, 2020), #15 Declaration Eitran D. Hersh, #16 Exhibit House Oversight Hearing on USPS Operations - Transcript (Aug. 24, 2020), #17 Exhibit Senate HSGAC Hearing on USPS Operations - Transcript (Aug. 21, 2020), #18 Declaration Aaron Carrel, #19 Declaration Martha Thompson, #20 Declaration Kathryn Montgomery, #21 Declaration Sebastian Immonen, #22 Declaration Amy Bolan, #23 Declaration Inderbir Singh Datta, #24 Declaration Scott J. Forman of Vote Forward, #25 Declaration Alex Sanchez of Voces Unidas De Las Montanas, #26 Text of Proposed Order)(Duraiswamy, Shankar)

EXHIBIT 11

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
State

State Deadline By Which
Election Officials Must
Receive An Absentee Ballot
Application

USPS Warnings Regarding Late Delivery of Mail USPS Recommendation for
Deadline to Mail Out
Completed Ballots

Alabama

Oct. 29.

"Specifically, it appears that a voter may generally
request a ballot as late as 5 days before the election, and
that a completed ballot must be postmarked no later than
the day before the election and received by Election Day
to be counted. If a voter submits such a request at or
near that deadline, and if the requested ballot is
transmitted to the voter by mail, there is a significant risk
that the ballot will not reach the voter before Election
Day, and accordingly that the voter will not be able to use
the ballot to cast his or her vote. Even if a voter receives
a ballot before Election Day, there is a significant risk
that the voter will not have sufficient time to complete
and mail the completed ballot back to election officials in
time for it to arrive by the state's return deadline. . . .
Also, please note that. given the delivery standards for
First-Class Mail, there is a very high likelihood that
completed ballots postmarked on or close to the state's
postmark deadline of November 2 will not be delivered in
time to meet the state's receipt deadline of November 3."

Arizona

Oct. 23.

Arkansas

State Deadline to Receive
Completed Ballots

Does the State Accept
Postmarked Ballots that
Arrive After Election Day?

Oct. 27.

Election Day (by noon) and postmarked
by the day before the election.

No

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 11 days before the election. If
a voter submits a request at or near that deadline, and
the ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to
election officials in time for it to arrive by the state's
return deadline."

Oct. 27.

Election Day (by 7 p.m.).

No

The deadline to apply by mail or
online is Oct. 27; the deadline to
apply in person is Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 7 days before the election. If a
voter submits a request at or near that deadline, and the
ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to the
election official in time for it to arrive by the state's return
deadline."

Oct. 27.

Election Day (by 7:30 p.m.) for mailed
ballots or close of business the day
before the election for hand-delivered
ballots.

No

Colorado

N/A. The state is automatically
mailing ballots to all registered
voters.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
register or change their registration information as late as
8 days before the election, and that election officials
thereafter have 2 business days to transmit a ballot to
such voters. If a voter registers or changes his or her
registration information at or near that deadline, and if
the election official then transmits a ballot to the voter by
mail, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (by 7 p.m.).

No

Connecticut

Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that there is no deadline for a voter to
request a ballot before the election, except that ballots
will not be issued on Election Day itself. If a voter submits
a request near Election Day, including those requests
made the day before the election, and the ballot is
transmitted to the voter by mail, there is a significant risk
that the ballot will not reach the voter before Election
Day, and accordingly that the voter will not be able to use
the ballot to cast his or her vote."

Oct. 27.

Election Day (before polls close).

No

Delaware

Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
apply by mail for a ballot until the day before Election
Day and provides that ballots will be mailed to voters until
4 days before the election. If a requested ballot is
transmitted to the voter by mail at or near that 4-day
deadline, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote. Even if a voter receives a ballot before Election
Day, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (before polls close at 8 pm). No

Updated on September 7, 2020.

1

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
Florida

The deadline to apply for a ballot
to be mailed is Oct. 24; the
deadline to apply in person is Nov.
3.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 10 days before the election. If
a voter submits a request at or near that deadline, and
the ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to
election officials in time for it to arrive by the state's
return deadline."

Oct. 27.

Election Day (by 7 p.m.).

No

Georgia

Oct. 30.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that, while your office advises voters to
request their ballots by the Friday before the election,
there is no statutory deadline for a voter to request a
ballot. If a voter submits a request on or near the Friday
before the election (or later), and the ballot is transmitted
to the voter by mail, there is a significant risk that the
ballot will not reach the voter before Election Day, and
accordingly that the voter will not be able to use the
ballot to cast his or her vote. Even if a voter receives a
ballot before Election Day, there is a significant risk that
the voter will not have sufficient time to complete and
mail the completed ballot back to election officials in time
for it to arrive by the state's return deadline."

Oct. 27.

Election Day (before polls close).

Yes, must be received no later than
Nov. 6.

Hawaii

N/A. The state is automatically
mailing ballots to all registered
voters.

"Under our reading of your state's election laws, as in
effect on July 27, 2020, ballots are generally mailed to
eligible voters so that they are received 18 days before
the election, and typically additional
mailings occur no later than 14 days before Election Day.
This schedule should allow sufficient time for voters to
receive, complete, and return such ballots by the state's
Election Day return deadline. Please keep in mind that
your state's deadline appears to be compatible with the
Postal Service's delivery standards only if election
officials adhere to the statutory ballot mailing timeline
and voters who choose to mail their ballots do so no later
than Tuesday, October 27."

Oct. 27.

Election Day (before polls close, 7 p.m.). No

"However, it appears that voters who are unable to
receive a ballot at their registration address may request
an absentee ballot as late as 7 days before the election.
If a voter submits a request at or near that deadline, and
the ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to the
election official in time for it to arrive by the state's return
deadline of November 3."

Idaho

The deadline to apply for a ballot
to be mailed to you is Oct. 23; the
deadline to apply in person is Oct.
30.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 11 days before the election. If
a voter submits a request at or near that deadline, and
the ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to
election officials in time for it to arrive by the state's
return deadline."

Oct. 27.

Election Day (by 8 p.m.).

No

Indiana

Oct. 22.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 12 days before the election. If
a voter submits a request at or near that deadline, and
the ballot is transmitted to the voter by mail, there is a
risk that the voter will not have sufficient time to complete
and mail the completed ballot back to election officials in
time for it to arrive by the state's return deadline."

Oct. 27.

Election Day (by noon)

No

Kansas

Oct. 27.

"Specifically, it appears that a voter may generally
request a ballot as late as 7 days before the November
general election, and that a completed ballot must be
postmarked by Election Day and received by election
officials within 3 days after the election. If a voter submits
a request at or near the deadline, and the ballot is
transmitted to the voter by mail, there is a significant risk
that the voter will not have sufficient time to complete
and mail the completed ballot back to election officials in
time for it to arrive by the state's postmarking deadline."

Oct. 30.

Three days after the election if
postmarked before the close of polls on
Election Day.

Yes, must be received no later
than Nov. 6.

"Also, given the delivery standards for First-Class Mail,
there is a risk that completed ballots postmarked on
Election Day itself will not be delivered in time to meet
the state's receipt deadline. As noted above, voters who
choose to mail their ballots should do so no later than
Friday, October 30."

Updated on September 7, 2020.

2

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
Kentucky

Oct. 27.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 7 days before the November
general election. If a voter submits a request at or near
that deadline, and the ballot is transmitted to the voter by
mail, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (before polls close); but
updated by emergency regulation on
Aug. 14 to receipt deadline of Nov. 6 if
postmarked by Election Day.

Yes, must be received no later than
Nov. 6.

Louisiana

Oct. 30.

"Specifically, it appears that a completed ballot must be
received by the day before Election Day to be counted. If
that understanding is correct, we accordingly
recommend, as noted above, that voters who choose to
mail their ballots do so no later than Monday, October 26.
However, it further appears that state law generally
permits voters to request a ballot as late as 4 days before
the election. If a voter submits such a request at or near
that deadline, and if the requested ballot is
transmitted to the voter by mail, there is a significant risk
that the ballot will not reach the voter before Election
Day, and accordingly that the voter will not be able to use
the ballot to cast his or her vote. Even if a voter receives
a ballot before Election Day, there is a significant risk
that the voter will not have sufficient time to complete
and mail the completed ballot back to election officials in
time for it to arrive by the state's return deadline."

Oct. 26.

The day before the election (4:30 p.m.).

No

Maine

Oct. 29.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as the 3rd business day before
the election. If a voter submits such a request at or near
that deadline, and if the requested ballot is transmitted to
the voter by mail, there is a significant risk that the ballot
will not reach the voter before Election Day, and
accordingly that the voter will not be able to use the
ballot to cast his or her vote. Even if a voter receives a
ballot before Election Day, there is a significant risk that
the voter will not have sufficient time to complete and
mail the completed ballot back to election officials in time
for it to arrive by the state's return deadline."

Oct. 27.

Election Day (before polls close, 8 pm).

No

Massachusetts

Oct. 28.

"Specifically, it appears that a voter may generally
request a ballot as late as 4 business days before the
November general election, and that a completed ballot
must be postmarked by Election Day and received by
election officials within 3 days after the election. If a voter
submits a request at or near the ballot-request deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote."

Oct. 30.

Election Day (before polls close) but
given pandemic now postmarked by
Election Day and received no later than
Nov. 6.

Yes, must be received no later than
Nov. 6.

Oct. 27.

Election Day (before polls close).

No

"Even if the requested ballot reaches the voter by
Election Day, there is a risk that, given the delivery
standards for First-Class Mail, a completed ballot
postmarked on or close to Election Day will not be
delivered in time to meet the state's receipt deadline of
November 6. As noted above, voters who choose to mail
their ballots should do so no later than Friday, October
30."

Michigan

The deadline to apply for a ballot
to be mailed is Oct. 30; the
deadline to apply in person is Nov.
2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
apply by mail for a ballot until Election Day and provides
that ballots will be mailed to voters until 4 days before the
election. If a requested ballot is transmitted to the voter
by mail at or near that 4-day deadline, there is a
significant risk that the ballot will not reach the voter
before Election Day, and accordingly that the voter will
not be able to use the ballot to cast his or her vote. Even
if a voter receives a ballot before Election Day, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to
election officials in time for it to arrive by the state's
return deadline."

Updated on September 7, 2020.

3

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
Missouri

"Specifically, it appears that a completed ballot must be
The deadline to apply by mail or
fax is Oct. 21; the deadline to apply received by Election Day. If that understanding is correct,
we recommend that voters who choose to mail their
in person is Nov. 2.
ballots do so no later than Tuesday, October 27.
However, it further appears that state law generally
permits voters to request a ballot as late as Wednesday,
October 21 , and that election officials thereafter have 3
business days to transmit a ballot to the voter. If a voter
submits a request at or near that ballotrequest deadline,
and the ballot is transmitted to the voter by mail 3
business days later, there is a significant risk that the
voter will not have sufficient time to complete and mail
the completed ballot back to the election official in time
for it to arrive by the state's return deadline."

Oct. 27.

Election Day (before polls close).

No

Montana

Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as the day before the election. If
a voter submits such a request at or near that deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote."

Oct. 27.

Election Day (before polls close).

No

Nebraska

Oct. 23.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 11 days before the November
general election. If a voter submits a request at or near
that deadline, and the ballot is transmitted to the voter by
mail, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (before polls close).

No

New Hampshire

Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that there is no deadline under state law
for a voter to request a ballot before the election. If a
voter submits a request near Election Day, including
those requests made the day before the election, and the
ballot is transmitted to the voter by mail, there is a
significant risk that the ballot will not reach the voter
before Election Day, and accordingly that the voter will
not be able to use the ballot to cast his or her vote."

Oct. 27.

Election Day (by 5 p.m.).

No

New Jersey

N/A. The state is automatically
mailing ballots to all registered
voters.

"Specifically, it appears that a voter may generally
request a ballot as late as 7 days before the election, and
that a completed ballot must be postmarked by Election
Day and received by election officials within 48 hours
after the closing of polls. If a voter submits a request at
or near the ballotrequest deadline, and if the requested
ballot is transmitted to the voter by mail, there is a risk
that the ballot will not reach the voter before Election
Day, and accordingly that the voter will not be able to use
the ballot to cast his or her vote."

Oct. 29.

Forty-eight hours after polls close if
postmarked on or before Election Day.

Yes, must be received 48 hours
after polls close.

Oct. 27.

Election Day (by 7 p.m.).

No

"Even if the requested ballot reaches the voter by
Election Day, there is a risk that, given the delivery
standards for First-Class Mail, a completed ballot
postmarked on or close to Election Day will not be
delivered in time to meet the state's receipt deadline of
November 5. As noted above, voters who choose to mail
their ballots should do so no later than Thursday, October
29."

New Mexico

Oct. 20.

"Under our reading of your state's election laws, as in
effect on July 27, 2020, it appears that voters
must generally request an absentee ballot for the
November general election by Tuesday, October
20, and that completed ballots must be received by
Election Day. The state's ballot-request deadline
should allow sufficient time for voters to receive,
complete, and return such ballots by the state's
return deadline. Please keep in mind that your state's
deadline appears to be compatible with the
Postal Service's delivery standards only if election
officials transmit blank ballots to voters in a timely
manner and if voters who choose to mail their ballots do
no later than Tuesday, October 27. To the
extent that there are exceptions to your general timelines
that allow voters to request a ballot after
the ballot-request deadline, there may be a risk that the
voter will not have sufficient time to complete
and mail the completed ballot back to election officials in
time for it to arrive by the state's return
deadline."

Updated on September 7, 2020.

4

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
North Carolina

Oct. 27.

"Specifically, it appears that a voter may generally
request a ballot as late as 7 days before the November
general election, and that a completed ballot must be
postmarked by Election Day and received by election
officials no later than 3 days after the election. If a voter
submits a request at or near the ballot-request deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a risk that the ballot will not reach the voter
before Election Day, and accordingly that the voter will
not be able to use the ballot to cast his or her vote."

Oct. 30.

Three days after the election if
postmarked on or before Election Day.

Yes, must be received no later than
Nov. 6.

"Even if the requested ballot reaches the voter by
Election Day, there is a risk that, given the delivery
standards for First-Class Mail, a completed ballot
postmarked on or close to Election Day will not be
delivered in time to meet the state's receipt deadline of
November 6. As noted above, voters who choose to mail
their ballots should do so no later than Friday, October
30."

Oklahoma

Oct. 27.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 7 days before the November
general election. If a voter submits a request at or near
that deadline, and the ballot is transmitted to the voter by
mail, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (by 7 p.m.).

No

Oregon

N/A. The state is automatically
mailing ballots to all registered
voters.

"Under our reading of your state's election laws, as in
effect on July 27, 2020, ballots are generally mailed to
eligible voters no later than 14 days before Election Day,
which should allow sufficient time for voters to receive,
complete, and return such ballots by the state's Election
Day return deadline. Please keep in mind that your
state's deadline appears to be compatible with the Postal
Service's delivery standards only if election officials
adhere to the statutory ballot mailing timeline and voters
who choose to mail their ballots do so no later than
Tuesday, October 27. To the extent that these timelines
or recommendations are not followed, or that state law
allows ballots to be mailed to voters later than 14 days
before the election, there may be a risk that the voter will
not have sufficient time to complete and mail the
completed ballot back to election officials in time for it to
arrive by the state's return deadline."

Oct. 27.

Election Day (by 8 p.m.).

No

Pennsylvania

Oct. 27.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 7 days before the November
general election. If a voter submits a request at or near
that deadline, and the ballot is transmitted to the voter by
mail, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (by 8 p.m.).

No

Rhode Island

Oct. 13. However, after that date,
any voter can request an
emergency ballot if they have any
reason to believe they will not be
able to vote on Election Day.
Application for an emergency
ballot must be received by Nov. 2.

"Under our reading of your state's election laws, as in
effect on July 27, 2020, it appears that voters must
generally request an absentee ballot no later than 21
days before the election and that completed ballots must
be received by Election Day. The state's ballot-request
deadline should allow sufficient time for voters to receive,
complete, and return such ballots by the state's Election
Day postmarking deadline. Please keep in mind that your
state's deadline appears to be compatible with the Postal
Service's delivery standards only if election officials
transmit blank ballots to voters in a timely manner and if
voters who choose to mail their ballots do so no later
than Tuesday, October 27. To the extent that there are
exceptions to your general timelines that allow voters to
request a ballot after the ballot-request deadline, there
may be a risk that the voter will not have sufficient time to
complete and mail the completed ballot back to election
officials in time for it to arrive by the state's return
deadline."

Oct. 27.

Election Day (by 9 p.m.).

No

South Carolina

The deadline to apply by mail is
Oct. 30; the deadline to apply in
person is Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 4 days before the election. If a
voter submits such a request at or near that deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote. Even if a voter receives a ballot before Election
Day, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (before polls close).

No

Updated on September 7, 2020.

5

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
South Dakota

Nov. 2.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as the day before the election. If
a voter submits such a request at or near that deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote."

Oct. 27.

Election Day (before polls close).

No

Tennessee

Oct. 27.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 7 days before the election. If a
voter submits a request at or near that deadline, and the
ballot is transmitted to the voter by mail, there is a
significant risk that the voter will not have sufficient time
to complete and mail the completed ballot back to the
election official in time for it to arrive by the state's return
deadline."

Oct. 27.

Election Day (before polls close).

No

Texas

Oct. 23.

"Specifically, it appears that a voter may generally
request a ballot as late as 11 days before the election,
and that a completed ballot must be postmarked by
Election Day and received by the day after the election to
be counted. It also appears that law does not appear to
require election officials to transmit a ballot by mail until
seven days after receiving a ballot application. If a voter
submits a request at or near the ballot-request deadline,
and if the requested ballot is mailed to the voter 7 days
after the request is received, there is a risk that the ballot
will not reach the voter before Election Day, and
accordingly that the voter will not be able to use the
ballot to cast his or her vote. Even if the requested ballot
reaches the voter by Election Day, there is a significant
risk that, given the delivery standards for First-Class Mail,
a completed ballot postmarked on or near Election Day
will not be delivered in time to meet the state's receipt
deadline of November 4. As noted above, voters who
choose to mail their ballots should do so no later than
Wednesday, October 28."

Oct. 28.

If not postmarked, must be received by
Election day (before polls close). If
postmarked on or before Election Day,
must be received by the day after the
election by 5 p.m.

Yes, must be received no later than
Nov. 4.

Vermont

N/A. The state is automatically
mailing ballots to all registered
voters.

"Under our reading of your state's election laws, as in
effect on July 27, 2020, ballots will generally be mailed to
eligible registered voters beginning September 18. If
ballots are mailed to voters near that date voters would
have sufficient time to receive, complete, and return such
ballots by the state's deadline. However, we were unable
to find additional details about the timing for subsequent
ballot mailings. We were also unable to determine
whether the last day for voters to register and still receive
a ballot by mail woul be set using new or existing
registration deadlines. Without that additional
information, we are unable to assess the potential risks
with respect to the Postal Service's delivery standards at
this time. If you choose to transmit blank ballots to voters
by mail, please consider the recommended timeframes
above as you continue to plan for the November general
election. Adhering to those timeframes will help ensure
voters will have sufficient time to complete and mail the
completed ballot back to election officials in time for it to
arrive by the state's return deadline."

Oct. 27.

Absentee votes must be returned to the
town clerk's office before the close of
business on the day before the election,
or to the polling place by 7 p.m. on
Election Day.

No

Virginia

The deadline to apply by mail,
email or fax is Oct. 23; the
deadline to apply in person is Oct.
31.

"Specifically, it appears that a voter may generally
request a ballot as late as 11 days before the election,
and that a completed ballot must be postmarked by
Election Day and received by election officials no later
than 3 days after the election. It also appears that
election officials have 3 business days to transmit a ballot
to the voter in response to a request. If a voter submits a
request at or near the ballot-request deadline, and if the
election official transmits the ballot to the voter by mail 3
business days later, there is a risk that the voter will not
receive the ballot before the postmarking deadline or
have sufficient time to complete and mail the completed
ballot back to election officials in time for it to arrive by
the state's receipt deadline. Also, please note that, given
the delivery standards for First-Class Mail, there is a risk
that completed ballots postmarked on Election Day itself
will not be delivered in time to meet the state's receipt
deadline of November 6. As noted above, voters who
choose to mail their ballots should do so no later than
Friday, October 30."

Oct. 30.

Three days after the election (by noon) if Yes, must be received no later than
postmarked on or before Election Day.
Nov. 6.

Updated on September 7, 2020.

6

Chart of States Where Voters' Mail-in Ballots Are Impacted By Defendants' Delays
Wisconsin

Oct. 29.

"Specifically, it appears that a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that state law generally permits voters to
request a ballot as late as 5 days before the election. If a
voter submits such a request at or near that deadline,
and if the requested ballot is transmitted to the voter by
mail, there is a significant risk that the ballot will not
reach the voter before Election Day, and accordingly that
the voter will not be able to use the ballot to cast his or
her vote. Even if a voter receives a ballot before Election
Day, there is a significant risk that the voter will not have
sufficient time to complete and mail the completed ballot
back to election officials in time for it to arrive by the
state's return deadline."

Oct. 27.

Election Day (by 8 p.m.).

No

Wyoming

Nov. 2.

"Specifically, it appears a completed ballot must be
received by Election Day to be counted. If that
understanding is correct, we accordingly recommend, as
noted above, that voters who choose to mail their ballots
do so no later than Tuesday, October 27. However, it
further appears that there is no deadline under state law
for a voter to request before the election, except that
requests cannot be made on Election Day itself. If a voter
submits a request near Election Day, including those
requests made the day before the election, and the ballot
is transmitted to the voter by mail, there is a significant
risk that the ballot will not reach the voter before Election
Day, and accordingly that the voter will not be able to use
the ballot to cast his or her vote."

Oct. 27.

Election Day (before polls close).

No

Updated on September 7, 2020.

7