Case Summary
LWV of Connecticut and co-plaintiffs sued in federal court during the Covid-19 pandemic to challenge Connecticut’s "Excuse Requirement,” which placed restrictions on when voters could vote via absentee ballot. These restrictions would have potentially forced tens of thousands of Connecticut voters to choose between voting in person, potentially exposing themselves to Covid-19, or not voting at all.
By early July 2020, approximately 46,000 Connecticut residents had contracted Covid-19, with nearly 4,300 of them dying since the beginning of the pandemic. This threat prompted Governor Ned Lamont to declare a public health emergency and impose certain measures to limit the spread of Covid-19. One such measure was to expand access to absentee ballots for the August primary election. Before 2020, there was a general requirement that individuals vote in person, and voters were only “excused” from doing so if they were covered by a narrow range of exceptions. However, in May 2020, Secretary of State Denise Merrill issued a Memorandum of Opinion clarifying the definition of “illness,” one of the excuses recognized by state law, to allow individuals with preexisting conditions or those who may have been exposed to someone with Covid-19 to vote via absentee ballot. Unfortunately, this change applied only to the August primary election, and despite the ongoing pandemic and the high infection rate, Governor Lamont had taken no steps to increase access to absentee ballots for the November general election.
On July 2, 2020, the League of Women Voters of Connecticut (“LWV Connecticut”), the Connecticut State Chapter of the NAACP, and an individual voter at risk of contracting Covid-19 sued Connecticut Secretary of State Denise Merrill in federal court. The plaintiffs requested an order requiring Connecticut to adopt absentee ballot procedures to allow voters to safely participate in the November general election.
The plaintiffs first argued that it was an infringement of the fundamental right to vote, in violation of the First and Fourteenth Amendments, for Connecticut to maintain its restrictions on absentee voting during the pandemic. Voters would be forced to choose between their health and voting in the 2020 election. This dilemma would likely prevent thousands of would-be voters from participating and burden those who would exercise their right to vote.
The plaintiffs also argued that applying Connecticut’s restrictions in the November general election would violate the Voting Rights Act of 1965. They asserted that the Excuse Requirement would disproportionately burden Black voters, as Black Connecticut residents were more likely to be exposed to Covid-19 at work, more likely to experience worse health outcomes related to Covid-19 than their white counterparts, and less likely to have insurance or financial resources to respond to such medical emergencies.
During a July special session of the Connecticut General Assembly, the Excuse Requirement was amended to adopt Secretary Merrill’s definition of “illness” for both the August primary election and the November general election. This meant that voters with preexisting conditions or those who had potentially been exposed to the virus were eligible to vote by absentee ballot. Due to this change, the plaintiffs voluntarily dismissed the case on September 25, 2020.
LWV Connecticut and co-plaintiffs were represented in this matter by the ACLU and the ACLU of Connecticut.
LWV Timeline
LWV Connecticut and co-plaintiffs file lawsuit
LWV Connecticut and co-plaintiffs bring a lawsuit in federal court to require the Secretary of State to allow greater access to absentee ballots for the November general election.
Connecticut General Assembly amends excuse requirement
The Connecticut General Assembly adopts Secretary of State Merrill’s definition of illness to allow more absentee voting in the November election.
LWV Connecticut and co-plaintiffs voluntarily dismiss case
LWV Connecticut and co-plaintiffs voluntarily dismiss the case because the Connecticut General Assembly’s expansion of absentee voting granted the relief plaintiffs sought.