[EL] election day protection - query

[Greenberg, Kevin]

Frank,

Pennsylvania had this more generally before it was terminated by a change in state law when we went to provisional ballots post-HAVA.

In Philadelphia, we had about a dozen mini-courts in police stations around the city.  In a few elections I did a half-day shift and would see 20-30 people come through.  Extrapolate out, we are probably talking about 500 voters in a day.

Pennsylvania still allows for emergency absentees that require judicial relief for people who become unable to vote in person (typically hospitalization) after 5 pm on the Friday before the election.  We typically see 3-4 of these a year, in a county of 1.4 million people.  

They now co-locate this process with Election Court, which sits to handle all election-related issues in the county.  



Kevin Greenberg
Flaster/Greenberg PC

1600 John F. Kennedy Boulevard, Second Floor, Philadelphia, PA 19103 
Phone: 215-279-9912 Fax: 215-701-1151 
Email: kevin.greenberg at flastergreenberg.com

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-----Original Message-----
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Frank Askin
Sent: Thursday, February 21, 2013 3:10 PM
To: Rick Hasen; law-election at uci.edu
Subject: [EL] election day protection - query

               I am still seeking information as to any states which, like New Jersey,  that provide for Election Day judges being available to issue Orders to vote to persons rejected at the polls.
	Research to date indicates that New York 9(Sec. 16- 108), California (Sec. 2142, Election Code), Virginia (Va. Code Ann.  Sec.
24.2-422), and possible Louisiana (La. Election Code 18:113) may provide authority.
	I would like to know if there is any evidence in these states that such relief is actually provided on Election Days.  I realize that there may well not be any reported opinions (there are none in New Jersey but we do have unreported Orders on file); but is there any anecdotal information?  Are there any organizations that staff the courthouses on election day to help rejected voters obtain orders to vote?

	And are there any other state which I have missed that fall into this category?


Prof. Frank Askin
Distinguished Professor of Law       and Director
Constitutional Litigation Clinic
Rutgers Law School/Newark
(973) 353-5687
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