As emergency petitions concerning voting rights challenges have raced through the courts in the final weeks of the election, judges and justices have found themselves trying to explain a legal doctrine that was designed to preserve the integrity of the electoral process.
But for a doctrine aimed at clarity, it has, in the age of coronavirus, raised plenty of confusion on its own, and it could swing the presidential election. At issue: When should courts refrain from changing voting rules too close to an election in order to avoid causing voter confusion? The so-called"Purcell Principle" arises out of a 2006 Supreme Court case concerning a strict voter-identification law. A federal appeals court blocked the law pending appeal.
But the resounding question of late, as Covid has prompted adjustments to voting rules, has been the exact definition of the status quo and the precise timeline for when a change comes too close to an election. Lawyers from both sides of recent disputes have argued that their proposed rules represent the status quo that shouldn't be changed. To some, Purcell has become a guiding principle to avoid voter confusion. To others, it is an opaque doctrine in need of further clarification.
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