(Jackson, Miss.) – A new ‘notice and cure process’ to give voters a chance to correct minor issues with their absentee ballots and expanded curbside voting were implemented today by Mississippi Secretary of State Michael Watson for the Nov. 2020 election. A lawsuit that was filed in late August by civil rights groups and private counsel to expand vote-by-mail and make it fairer in Mississippi has now been voluntarily dismissed, as a result of the state’s adoption of new rules that provide much of the relief plaintiffs were seeking.
On Oct. 7, Watson issued a new rule that requires election officials to notify voters if there is an issue with their signature, and then provide voters with an opportunity to correct it. If a signature on a ballot is rejected, the registrar must offer the voter an “Absentee Cure Form” by mail, email, or facsimile within one business day. The voter then has ten calendar days after the election to correct the issue and have their ballot counted. In addition, Watson also instituted a rule that voters experiencing symptoms of COVID-19 or who have been recently exposed to someone with the virus can vote curbside at their precinct on Election Day Nov. 3.
“We are pleased that Mississippi has adopted procedures that will protect voters from having their ballots arbitrarily rejected,” said Jennifer Nwachukwu, an attorney with the Lawyers’ Committee for Civil Rights Under Law. “Just because a record number of voters in Mississippi will vote-by-mail this year does not mean there needs to be a record number of disenfranchised voters. This is a key victory in protecting the integrity of our election and ensuring the voice of the people is heard.”
On Aug. 27, the Lawyers’ Committee for Civil Rights Under Law, the Southern Poverty Law Center and Dechert LLP filed Parham v. Watson, seeking to expand vote-by-mail in Mississippi and make it fairer. The lawsuit was brought on behalf of individual Mississippians, the League of Women Voters Mississippi and the Mississippi State Conference of the NAACP.
For the record-breaking number of absentee voters in Mississippi who have already chosen to vote absentee by mail this year – many of them new to the voting method – this new cure process will be critical in ensuring every valid ballot counts. The groups expect the new cure process to be in place even after the pandemic is over.
“We are thrilled that our litigation led to a process that is fairer to absentee voters in Mississippi, and we are working with our local partners to help voters vote as safely as possible in whatever manner they select from now until election day – whether that’s absentee by mail, absentee in person, curbside, or in person on Election Day,” said Caren Short, senior staff attorney for the Southern Poverty Law Center. “To ensure Mississippians who vote absentee by mail have their ballots count, we are encouraging them to include on their ballot their best phone number and email address if they have one so that election officials can reach out if a signature issue arises. It is critical that every Mississippi voter can cast their ballot safely and have their vote counted.”
“The Secretary of State’s new rules are important steps toward making voting safe and fair for all Mississippi voters,” said Julia Chapman, an attorney with Dechert LLP. We remain committed to ensuring that all eligible voters in the United States are able to have their vote counted.”
If voters experience a problem at the polls, they should call the Election Protection hotline at 866-687-8683.
Read the full order here.
###
