DOJ may sue states for returning to pre-COVID voting laws

DOJ may sue states for returning to pre-COVID voting laws

The Justice Department sent a stern warning on Wednesday that it may sue states that return to pre-pandemic voting laws, adding fuel to the fiery national debate over election integrity measures.

The new Biden administration legal guidance stated that, “The department’s enforcement policy does not consider a jurisdiction’s re-adoption of prior voting laws or procedures to be presumptively lawful; instead, the department will review a jurisdiction’s changes in voting laws or procedures for compliance with all federal laws regarding elections, as the facts and circumstances warrant.”

Throughout the primary and general elections of 2020 states across the country scrambled to adjust their voting laws, often by emergency executive orders, to ensure that voters could safely cast ballots even amid lockdown conditions, now DOJ is warning that some of those changes may need to become permanent.

A press release from the DOJ went on to say that, “The guidance document addresses efforts by some states to permanently adopt their COVID-19 pandemic voting modifications, and by other states to bar continued use of those practices, or to impose additional restrictions on voting by mail or early voting, In addition, this guidance document discusses federal statutes the department enforces related to voting by mail, absentee voting and voting in person.”

Among states that moved to make permanent some of the voting expansion necessitated by COVID was New York, where earlier this month Gov. Andrew Cuomo signed legislation that maintains some loosened standards on absentee voting.

The backdrop for the guidance is a fierce debate over voting rights and election integrity as several Republican states, notably Georgia and Texas have pushed legislation to secure their elections which Democrats, including President Biden, have claimed represent a new “Jim Crow.”

Election workers extract mail-in ballots from their envelopes and examine the ballot for irregularities at the Los Angeles County Registrar Recorders' mail-in ballot processing center at the Pomona Fairplex in Pomona, California, October 28, 2020. - Officials relocated mail-in ballot processing to the expansive location due to the need for COVID-19 social distancing for the ballot workers and the large number of mail-in ballots. While the tabulation of votes cast for Donald Trump and Joe Biden will begin when polls close on November 3 at 8pm, envelopes are now being sorted and signatures and ballots verified to expedite the tabulation process on November 3.
The guidance document addresses efforts by some states to permanently adopt their COVID-19 pandemic voting modifications.
AFP via Getty Images

In a House Committee hearing titled, “Election Subversion: A Growing Threat To Election Integrity,” on Wednesday GOP Rep. Burgess Owens fired back on the comparison, saying, “President Biden said of the Georgia law ‘This is Jim Crow on steroids.’ With all due respect, Mr. President, you know better, It is disgusting and offensive to compare the actual voter suppression and violence of the era that we grew up in with a state law that only asks people to show their ID.

“This is the type of fear-mongering I expected in the 1960s, not today.”

Assistant Attorney General Kristen Clarke of the Civil Rights Division said of the new DOJ stance that, “Whether through litigation or the issuance of official guidance, we are using every tool in our arsenal to ensure that all eligible citizens can exercise their right to vote free from intimidation, and have their ballots counted.”

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