[EL] election day protection - query

[Adam Bonin]

As Mr. Greenberg's co-counsel on Election Day 2012, as the person slaving
away in live court while he reclined in a lounge chair and had cocktails
brought to him by an army of trained capuchin monkeys (OFA did raise $715M,
after all), I can confirm that it was about 5-6 people this year. In each
case, and even where may have been technical flaws with the application for
relief (i.e, persons who may have been hospitalized before that Friday at
5pm window, but who thought they'd be out by Election Day), the GOP counsel
declined to object to the application, and each was granted by the Court.
It really does impress you to see how much the right to vote is valued, with
these family members schlepping to City Hall on their own to make sure that
a loved one could exercise the franchise.


Adam C. Bonin
The Law Office of Adam C. Bonin
1900 Market Street, 4th Floor
Philadelphia, PA 19103
(215) 864-8002 (w)
(215) 701-2321 (f)
(267) 242-5014 (c)
adam at boninlaw.com
http://www.boninlaw.com

-----Original Message-----
From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of
Greenberg, Kevin
Sent: Thursday, February 21, 2013 4:09 PM
To: 'Frank Askin'; 'Rick Hasen'; 'law-election at uci.edu'
Subject: Re: [EL] election day protection - query

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

email l bio l offices l v-card


-----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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