Supreme Court Justice Brett Kavanaugh updated his opinion regarding Wisconsin mail-in voting after he incorrectly stated Vermont had not changed its election rules amid the coronavirus pandemic.
Kavanaugh originally wrote the opinion that Vermont hadn’t made changes to its “ordinary election rules” after the high court rejected a Democratic request to allow Wisconsin to count ballots returned up to six days after the Nov. 3 election, according to a report by CNN.
After the error came to light, Vermont Secretary of State Jim Condos formally requested a change in Kavanaugh’s opinion, telling the court’s clerk to correct the record.
We have formally requested that #SCOTUS correct the erroneous claim by Justice Kavanaugh that #VT has not changed voting procedures for the #2020Elections due to #COVID19. When it comes to issuing decisions on the voting rights of American citizens, facts matter. pic.twitter.com/cWvAJTuIEl
— Vermont Secretary of State’s Office (@VermontSOS) October 28, 2020
“We have formally requested that #SCOTUS correct the erroneous claim by Justice Kavanaugh that #VT has not changed voting procedures for the #2020Elections due to #COVID19. When it comes to issuing decisions on the voting rights of American citizens, facts matter,” the secretary of state’s office tweeted.
Condos said that while the state tried to refrain from changing its normal voting procedures too much, Vermont made two significant adjustments due to the pandemic. They sent every active registered voter a ballot and a prepaid return envelope, and local elections officials were allowed to start processing the ballots confidentially with security protocols 30 days prior to Election Day.
Kavanaugh initially used Vermont as an example of a state exercising its ability to change or not change its election rules and deadlines, writing, “To be sure, in light of the pandemic, some state legislatures have exercised their Article I, §4, authority over elections and have changed their election rules for the November 2020 election. Of particular relevance here, a few States such as Mississippi no longer require that absentee ballots be received before election day. … Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election rules, including to the election-day deadline for receipt of absentee ballots.”
The justice tweaked his opinion on Wednesday night, changing “ordinary election rules” to “ordinary election-deadline rules.”
His opinion now reads, “… Other States such as Vermont, by contrast, have decided not to make changes to their ordinary election-deadline rules, including to the election-day deadline for receipt of absentee ballots.”
Public corrections by justices are considered rare, and the opinion was issued as the court faces multiple appeals on voting access and mail-ballots with only five days left until Election Day.
