Resource: Harding v. Edwards

By: COVID-Related Election Litigation Tracker

October 18, 2020

Stanford-MIT Healthy Elections Project

Plaintiffs are citizens of Louisiana who raise concerns about certain provisions of LA law that, in the face of the COVID-19 pandemic in LA (described as being among the most dire in the U.S.), create an undue burden on the right to vote (1st and 14th Amendments, Voting Rights Act) with provisions that limit absentee voting by mail and in-person early voting. (1) Plaintiffs allege that statutory "excuse requirements" too narrowly define eligibility to vote by mail, forcing most voters to "endure unacceptable health risks (and to increase the health risk to the community)" of exposure to COVID-19 in order to vote. (2) Plaintiffs also complain that LA reduced the number of early voting days from 13 to 7, increasing the number of voters (and exposure risk) at polling places at any given time. (3) Plaintiffs complaints are underpinned by the State's April 2020 COVID-19 "Emergency Plan" that created five narrow excuses COVID-19 related excuses voters could use to request an absentee ballot (for the primary elections) and expanding early voting from 7 to 13 days before election day.

https://healthyelections-case-tracker.stanford.edu/detail?id=170