Election 02 Flash More Problems
The complain also alleges voter general voter disenfranchisement, and no doubt they will argue that this statute disenfranchises voters.
This is wrong for two reasons: 1) Voters may still write in candidates’ names. As the NJ Supremes so artfully forgot, a candidate does not have an unmitigated right to appear on the ballot, or to appear at a particular place on the ballot. Where as here the state has a very good reason for not issuing new ballots, a candidate may be excluded.
2) The state has a substantial reason for not issuing new absentee ballots: there simply isn’t enough time to do a complete redistribution of absentee ballots. As I have noted elsewhere, even with the use of overnight mail there and back, it would be difficult to meet the deadline of election day. While voters may turn in the ballots in person on Election Day to make the deadline, they may also simply show up in person to vote with the supplemental ballots, so mailing to have people come in person makes little sense. Thus it appears that the DFL may really be seeking to postpone the deadline for receiving absentee ballots.