Latest Case: Alliance for Retired Americans v. Secretary of State (Election Law)

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Alliance for Retired Americans v. Secretary of State

Citation: 2020 ME 123

Opinion Date: October 23, 2020

Judge: Andrew M. Mead

Areas of Law: Election Law

The Supreme Judicial Court affirmed the judgment of the superior court denying Plaintiffs' motion for a preliminary injunction seeking to enjoin the Secretary of State from rejecting certain ballots, holding that Plaintiffs failed to show a clear likelihood of success on their complaint for declaratory relief. Plaintiffs filed a complaint against Maine's Secretary of State and Attorney General seeking a declaration that the statutory deadline established by Me. Rev. Stat. 21-A, 626(2) for receiving absentee ballots in an election and statutory provisions governing the validation and rejection of absentee ballots - Me. Rev. Stat. 21-A, 756(2), 759(3), (5), 762 - violate the federal and state Constitutions. Plaintiffs sought to enjoin the Secretary from rejecting ballots postmarked on or before Election Day and that arrive at the election office within a minimum of ten days after Election Day and rejecting absentee ballots of otherwise eligible Maine voters without giving the voter an opportunity to cure their ballot or verify their identity. Plaintiffs moved for a preliminary injunction granting the relief requested in the complaint. The superior court denied relief. The Supreme Judicial Court affirmed, holding that absentee voters will be afforded fundamental fairness in the November 2020 election, and therefore, the superior court did not abuse its discretion in denying injunctive relief.