Resource: Fay v. Merrill

By: COVID-Related Election Litigation Tracker

September 1, 2020

Stanford-MIT Healthy Elections Project

Congressional candidates challenged the Sec. of State's implementation of no-excuse absentee voting due to COVID. Plaintiffs claim that neither the Sec. of State nor the Governor can change absentee voting rules, only legislature. Court held that original jurisdiction proceeding in the Supreme Court was not proper, as case should have been brought in Superior Court.