Organization for Black Struggle v. John R. Ashcroft

Summary

The Eighth Circuit stayed a preliminary injunction that had required Missouri to allow mail-in ballots to be returned in person, holding that the state's requirement that mail-in ballots be returned only by U.S. mail—while absentee ballots could be returned in person—did not violate the Equal Protection Clause. Applying the Anderson-Burdick framework, the court found the burden on voters was de minimis because in-person voting remained available, and the state's interests in orderly elections and preventing voter fraud justified the reasonable, nondiscriminatory restriction. The court emphasized that there is no constitutional right to vote by mail when in-person voting is an option, and that courts should not alter election rules on the eve of an election under Purcell. The dissent argued the differential treatment created an undue risk of disenfranchisement for mail-in voters without adequate state justification.

Holdings

1. The Secretary has shown a strong likelihood of success on the merits because the mail-in return requirement imposes a minimal burden and is a reasonable, nondiscriminatory restriction, so the state's interests are sufficient under the Anderson-Burdick framework.

Questions Presented

1. Whether the requirement that mail-in ballots be returned only by mail, while absentee ballots can be returned by mail or in person, violates the Equal Protection Clause.

Disposition

other