Supreme Court Justice Brett Kavanaugh on Monday voted that 2020 elections ballots in Wisconsin can only be counted if received by Election Day.
Kavanaugh issued his own concurring opinion, where he suggested that state courts should be barred from protecting voting rights.
Kavanaugh also made a mistake of fact.
Sam Levine, a voting rights reporter for the Guardian, noted Kavanaugh was inaccurate in his concurring opinion.
“Other states, such as Vermont, by contrast, have decided not to make changes to their ordinary election rules,” Kavanaugh claimed.
That is not correct, on July 2nd the legislative bill S.348 became law in Vermont. The bill was titled, “An act relating to temporary elections procedures in the year 2020.”
The good-government group VPIRG explained the importance of the bill.
“On Friday, Governor Phil Scott allowed S.348 to become law without his signature. This law grants full authority to the Secretary of State to mail all registered voters a ballot for this year’s General Election in November. This law finally makes it possible for Vermont to move forward with a vote-by-mail system, which is the safest way for citizens to cast their ballot during the pandemic,” VPIRG explained.
In his WI concurrenceJustice Kavanaugh cites Vermont as an example of a state that did not change its election rules during the pandemic. But that's not true? Vermont legislature authorized SoS to automatically mail a ballot to all registered voters https://t.co/opDdEz78Mg pic.twitter.com/3FrwEp30Cy
— Sam Levine (@srl) October 27, 2020
CNN’s Marshall Cohen caught a deceitful blunder in Kavanaugh’s reasoning.
Kavanaugh ruled AGAINST the six-day extension for Wisconsin to accept ballots postmarked by Election Day. He cited an article from legal scholar (and CNN contributor) Rick Pildes. But in that article, Pildes says states SHOULD extend postmark deadlines. https://t.co/Uupirxyrgm pic.twitter.com/nEyj92Gh6p
— Marshall Cohen (@MarshallCohen) October 27, 2020