Cory Eucalitto

• Election changes
• School closures and reopenings
• Lawsuits about state actions and policies
• Travel restrictions
• Ballot measure changes
• 1918 story
• Federal responses
• Stay-at-home orders
• Eviction and foreclosure policies
• Diagnosed or quarantined public officials
• State legislation
• State courts

For daily news on state reopening plans and which industries and activities are permitted across the country, subscribe to Documenting America’s Path to Recovery.Election changes

Read more: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Thirty-nine states have made modifications to their voting procedures. 
  • Ten states have made voting procedure modifications since Oct. 8.
• Twenty states have modified their candidate filing requirements. 
  • No states have made candidate filing modifications since Oct. 8.

Updates:

• Alabama: On Oct. 14, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed a district court order suspending Alabama’s witness requirement for absentee/mail-in voters with underlying medical conditions. The panel also reversed the lower court’s order waiving photo identification requirements for voters 65 and older.
• Alaska: On Oct. 12, the Alaska Supreme Court affirmed a lower court’s order suspending the state’s witness requirement for absentee/mail-in ballots.
• Arizona: On Oct.13, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s order that had extended the state’s voter registration deadline. The Ninth Circuit set Oct. 15 as the new registration deadline.
• Indiana: On Oct. 13, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit blocked a lower court’s order that had extended the state’s return deadlines for absentee/mail-in ballots. As a result, the original receipt deadline (noon on Nov. 3) was reinstated.
• Missouri: On Oct. 9, Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri issued an order requiring Missouri election authorities to accept mail-in ballots returned in person. However, on Oct. 10, Wimes suspended his order pending appeal, leaving the requirement that mail-in ballots be returned by mail in place.
• North Carolina: On Oct. 14, Judge William Osteen of the U.S. District Court for the Middle District of North Carolina ordered election officials to enforce the state’s witness requirement for absentee/mail-in ballots. Osteen allowed other ballot curing provisions, and the absentee/mail-in ballot receipt deadline (Nov. 12 for ballots postmarked on or before Election Day), to stand.
• Ohio: On Oct. 9, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit overturned a district court’s order directing Secretary of State Frank LaRose (R) to allow counties to install absentee/mail-in ballot drop boxes at locations other than election board offices. As a result, LaRose’s initial order limiting drop boxes to one site per county was reinstated.
• Texas: On Oct. 12, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit unanimously upheld Gov. Greg Abbott’s (R) order restricting the number of absentee/mail-in ballot return locations to one per county.
• Virginia: On Oct. 14, Judge John A. Gibney of the U.S. District Court for the Eastern District of Virginia ordered that Virginia’s voter registration deadline be extended from Oct. 13 to Oct. 15 after the state’s voter registration system went offline for several hours on Oct. 13 when a fiber cable was accidentally cut.
• Wisconsin: On Oct. 8, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit voted 2-1 to block a lower court order that had extended registration and absentee/mail-in ballot return deadlines in Wisconsin.

School closures and reopenings

Read more: School reopenings in the 2020-2021 academic year after the coronavirus (COVID-19) pandemic

The current status of school reopenings is as follows:

• Washington, D.C., has a district-ordered school closure
  • 2016-17 enrollment: 85,850 students (0.17% of students nationwide)
• Seven states (Calif., Del., Hawaii, N.C., N.M., Ore., W.V.) have state-ordered regional school closures, require closures for certain grade levels, or allow hybrid instruction only.
  • 2016-17 enrollment: 9,366,079 students (18.51% of students nationwide)
• Four states (Ark., Fla.*, Iowa, Texas) have state-ordered in-person instruction
  • 2016-17 enrollment: 9,180,918 students (18.15% of students nationwide)
  • *Note: Three counties in South Florida are not at the same phase of reopening as the rest of the state and the emergency order to reopen schools does not affect them. 
• Thirty-nine states have reopenings that vary by school or district
  • 2016-17 enrollment: 31,955,012 students (63.17% of students nationwide)

Lawsuits about state actions and policies

Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• To date, Ballotpedia has tracked 1,034 lawsuits, in all 50 states. dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 362 of those lawsuits. 
  • Since Oct. 8, we have added two lawsuits to our database. We have also tracked an additional two court orders and/or settlements. 
• Ballotpedia has separately tracked another 397 lawsuits, in all 50 states, dealing with election issues during the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 265 of those lawsuits.

Here are three lawsuits that have either garnered significant national media attention or involve major advocacy groups.

• A.M. v. Pennsylvania Interscholastic Athletic Association, Inc.: On Oct. 1, Judge Susan Paradise Baxter of the U.S. District Court for the Western District of Pennsylvania dismissed a lawsuit four student-athletes filed against the Pennsylvania Interscholastic Athletic Association (PIAA) claiming the group would not allow them to participate in a golf tournament. The plaintiffs alleged that eight days before the tournament, the PIAA “arbitrarily and capriciously reduced the number of qualifiers.” The students argued that “the reduction of numbers has no quantifiable relationship on the spread of Covid-19 as it relates to outdoor activities such as golf.” Plaintiffs sought a court order requiring the PIAA to allow them to participate in the tournament. Baxter denied that request, writing: “It is not the court’s job to decide the better course, but to ensure the one taken was not arbitrary and capricious, or for a wrongful purpose. Although the decision was a painful one for the plaintiffs, it was done with a rational basis and passes muster under the law.” Baxter was appointed to the court by President Donald Trump (R).
• Georgia Association of Educators v. Kemp: On Oct. 8, the Georgia Association of Educators (GAE), the state’s largest teachers’ union, sued Gov. Brian Kemp (R) and other state officials in Fulton County Superior Court. The GAE is seeking a court order that would require the state to issue statewide school reopening plans that are “reasonably calculated to ensure that schools operate safely in the midst of the COVID-19 pandemic and consistent with the guidelines issued by recognized public health authorities such as the CDC.” The GAE alleges that Kemp’s delegation of reopening protocols to local districts constitutes a failure to provide an adequate public education as required under the Georgia Constitution. Georgia State Superintendent Richard Woods, who is a defendant in the case, said, “Unlike several states, Georgia schools retain the authority to remain fully virtual instead of being required to offer in-person instruction.”
• Turturro Law, P.C. v. Cuomo: On Oct. 8, New York officials closed a Brooklyn law firm after an increase in Covid-19 infection rates near its office. The law firm sued Gov. Andrew Cuomo (D) and New York City Mayor Bill de Blasio (D) in the U.S. District Court for the Eastern District of New York. The firm, which is in an area deemed a “red-zone” under the state’s “cluster action initiative,” alleges there is “no scientific or other rational basis” for classifying certain parts of the state in this manner. The suit “seeks recovery for deprivations sustained by Plaintiff, and for violations committed by Defendants while acting under color of state law against Plaintiff’s rights and privileges guaranteed by” the U.S. Constitution. In a statement, Richard Azzopardi, a representative for Gov. Cuomo, said, “We’re focused on breaking this cluster and saving lives. Being unhappy is better than being sick or dead.” The case has not yet been assigned to a judge.

Travel restrictions

Read more: Travel restrictions issued by states in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Governors or state agencies in 25 states issued executive orders placing restrictions on out-of-state visitors. At least 14 of those orders have been rescinded.
  • Since Oct. 8, four states have modified their travel restrictions.

Details:

• Connecticut, New Jersey, and New York – On Oct. 13, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Michigan, Virginia, and Ohio had been added to the tristate quarantine list. The list includes 38 states and territories.
• Ohio – On Wednesday, Oct. 14, the Department of Health updated its travel advisory to include travelers from Indiana. The advisory asks visitors from states reporting positive testing rates of 15% or higher to self-quarantine for two weeks. The list currently includes South Dakota, Idaho, Wisconsin, Iowa, Wyoming, Kansas, Nevada, and Indiana. 

Ballot measure changes

Read more: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• At least 19 lawsuits were filed in 13 states seeking court orders suspending or changing signature requirements and deadlines. 
• Rulings or settlements have been issued in at least 18 cases. 
• Ballotpedia has tracked 27 statewide initiative petition drives that suspended signature gathering. 
• Seven states and D.C. changed ballot measure procedures through executive orders or legislative action. 
• At least four initiative campaigns initially targeting 2020 reported they would shift their focus to 2022.

Read more: 1918 influenza pandemic (Spanish Flu) and the 1918 midterm election cycle

The United States held midterm elections as scheduled during the 1918-1919 influenza pandemic. More than 50 million people perished from the disease worldwide, including about 675,000 in the U.S., making it one of the deadliest pandemics in recorded history. Each week, we’ll look back at a story from the 1918 elections to see how America met the challenges of holding elections during a national health emergency.

On Oct. 20, the Albany Knickerbocker Press reported on the effect the influenza pandemic was having on politics in New York.

The most peculiar and perhaps the most incisive political campaign New York state has ever seen will begin throughout the state today. Hampered by bans on public meetings, forced by the spreading influenza, by an apparent lack of interest in politics, because of the greater interest in the doings of American troops in France, political leaders today will start campaigns upon which hinge the control of the state administration, of the legislature and the political complexion of New York’s delegation in congress, as well as scores of local contests for office.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.

Federal responses

Read more: Political responses to the coronavirus (COVID-19) pandemic, 2020

•  On Oct. 13, the U.S. Supreme Court issued an emergency order granting the U.S. Department of Commerce’s request to pause a lower court decision that required the census to continue through Oct. 31 while the United States Court of Appeals for the Ninth Circuit looks at the case. The order was unsigned, with the exception of a dissent from Justice Sonia Sotomayor.

State stay-at-home orders

Read more: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

As of Oct. 15, stay-at-home orders have ended in 41 states. Nineteen of those states have Republican governors and 22 have Democratic governors (including Wisconsin, where the state supreme court invalidated the stay-at-home order). Seven states never issued stay-at-home orders.

California and New Mexico, both of which have a Democratic governor, are the only remaining states with active stay-at-home orders.

Eviction and foreclosure policies

Read more: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Eighteen states have current moratoriums on evictions and foreclosures.
  • Since Oct. 8, one state has announced an end date to the state’s eviction moratorium and one state has extended a moratorium.
• Twenty-five states have ended moratoriums on evictions and foreclosures.
• California has current local moratoriums on evictions and foreclosures.
• Seven states did not issue a moratorium on evictions and foreclosures on the state or local level.

Details:

• Washington – On Oct. 8, Gov. Jay Inslee (D) announced that he would extend the state’s moratorium on evictions through Dec. 31. The moratorium was set to expire on Oct. 15.
• Nevada – On Oct. 15, Gov. Steve Sisolak (D) allowed the statewide moratorium on evictions to expire.

Diagnosed or quarantined politicians identified by Ballotpedia

Read more: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020

• Federal
  • One federal official has died of COVID-19.
  • Twenty-five members of Congress have been diagnosed with COVID-19.
  • Forty-three federal officials quarantined after possible exposure to COVID-19.
• State
  • Four state-level incumbents or candidates have died of COVID-19.
  • Ninety-six state-level incumbents or candidates have been diagnosed with COVID-19
  • Eighty state-level incumbents or candidates quarantined after possible exposure to COVID-19.
• Local
  • At least two local incumbents or candidates have died of COVID-19.
  • At least 23 local incumbents or candidates have been diagnosed with COVID-19.
  • At least 26 local incumbents or candidates quarantined after possible exposure to COVID-19.

Since Oct. 8, two members of Congress tested positive for coronavirus, one governor entered self-quarantine, one governor tested negative, and one state representative tested negative. President Donald Trump tested negative for the coronavirus.

Details:

• On Oct. 11, Kentucky Gov. Andy Beshear (D) announced he and his family would self-quarantine after a member of his security detail tested positive for coronavirus.
• On Oct. 9, Connecticut state Rep. Joe Polletta (R) announced he had tested positive for coronavirus.
• On Oct. 12, White House physician Sean Conley announced that President Donald Trump (R) had tested negative for the coronavirus over several days.
• On Oct. 8, California Gov. Gavin Newsom (D) announced he had tested negative for coronavirus after someone in his office tested positive.
• On Oct. 12, Rep. Mike Bost (R-ILL) announced he had tested positive for coronavirus. 
• On Oct. 14,  Rep. Bill Huizenga (R-MI) announced he had tested positive for coronavirus. 

State legislation

Read more: State laws in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• To date, 3,432 bills related to the coronavirus pandemic have been introduced in state legislatures.
  • We have tracked 80 additional bills since Oct. 8.
• Of these, 481 significant bills have been enacted into law, 14 percent of the total number that has been introduced. This total omits ceremonial resolutions and legislation providing for procedural changes to legislative business. 
  • We have tracked 23 additional significant bills since Oct. 8 (also omitting ceremonial resolutions and legislation providing for procedural changes to legislative business.)

State court changes

Read more: State court closures in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Thirty-four states suspended in-person proceedings statewide
  • Since Oct. 8, one court ended restrictions on jury trials.
• Sixteen states suspended in-person proceedings at the local level

Details:

• Georgia – On Oct. 10, Georgia Supreme Court Chief Justice Harold Melton issued an order extending the statewide judicial emergency and allowing jury trials to resume immediately. The judicial emergency was set to expire on Nov. 9. 

Learn more

• Election changes
• School closures and reopenings
• Lawsuits about state actions and policies
• Travel restrictions
• Ballot measure changes
• 1918 story
• Federal responses
• Stay-at-home orders
• Eviction and foreclosure policies
• Diagnosed or quarantined public officials
• State legislation
• State courts

Election changes

Read more: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Thirty-nine states have made modifications to their voting procedures. 
  • Six states have made voting procedure modifications since Sept. 24.
• Twenty states have modified their candidate filing requirements. 
  • No states have made candidate filing modifications since Sept. 24.

Details:

• Alabama: On Sept. 30, Judge Abdul Kallon of the U.S. District Court for the Northern District of Alabama issued a ruling that made a number of modifications to Alabama’s voting laws, including waiving the absentee/mail-in ballot witness/notary requirement for voters with underlying medical conditions. 
• Indiana: On Sept. 29, Judge Sarah Barker of the U.S. District Court for the Southern District of Indiana issued an order extending the postmark and receipt deadline for absentee/mail-in ballots in Indiana to Nov. 3 and Nov. 13, respectively.
• Iowa: On Sept. 25, Iowa legislators approved Secretary of State Paul Pate’s R(R) emergency request authorizing counties to begin processing absentee/mail-in ballots on Oct. 31, the Saturday before Election Day.
• South Carolina: On Sept. 25, the full Fourth Circuit Court of Appeals reversed an earlier ruling and removed the state’s witness requirement for absentee/mail-in ballots.
• Texas: On Sept. 30, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit blocked a lower court’s order that had reinstated Texas’ straight-ticket ballot device, pending further proceedings. 
• Wisconsin: On Sept. 29, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld a district court decision extending voter registration and absentee/mail-in ballot return deadlines in Wisconsin.

School closures and reopenings

Read more: School reopenings in the 2020-2021 academic year after the coronavirus (COVID-19) pandemic

Overview:

In March and April, 48 states closed schools to in-person instruction for the remainder of the 2019-2020 academic year. Those states accounted for 99.4% of the nation’s 50.6 million public school students. Montana and Wyoming did not require in-person instruction to close for the year. Montana schools were allowed to reopen on May 7 and Wyoming schools were allowed to reopen on May 15.

The current status of school reopenings is as follows:

• Washington, D.C., has a district-ordered school closure
  • 2016-17 enrollment: 85,850 students (0.17% of students nationwide)
• Five states (Calif., Hawaii, N.M., Ore., W.V.) have a state-ordered regional school closure
  • 2016-17 enrollment: 7,679,753 students (15.18% of students nationwide)
• Two states (Del., Va.) are open for hybrid or remote instruction only
  • 2016-17 enrollment: 1,686,326 students (3.33% of students nationwide)
• Four states (Ark., Fla., Iowa, Texas) have state-ordered in-person instruction
  • 2016-17 enrollment: 9,180,918 students (18.15% of students nationwide)
• Thirty-nine states have reopenings that vary by school or district
  • 2016-17 enrollment: 31,955,012 students (63.17% of students nationwide)

Lawsuits about state actions and policies

Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• To date, Ballotpedia has tracked 1,013 lawsuits, across all 50 states, dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 352 of those lawsuits. 
  • Since Sept. 24, we have added 22 lawsuits to our database. We have also tracked an additional 20 court orders and/or settlements. 
• Ballotpedia has separately tracked another 251 lawsuits, in 47 states, dealing with election issues during the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 176 of those lawsuits.

Here are three lawsuits that have either garnered significant national media attention or involve major advocacy groups.

• Case v. Ivey: On Sept. 24, seven Alabama residents represented by former Alabama Chief Justice Roy Moore (R) sued Gov. Kay Ivey (R) and State Health Officer Dr. Scott Harris in U.S. district court. Plaintiffs allege the executive orders Ivey and Harris have issued are unconstitutional. The plaintiffs said the “Orders, Proclamations, and Mandates of both Governor Ivey and State Health Officer Harris” have been enforced as law and “violate the Due Process Clause of the Fourteenth Amendment.” Plaintiffs allege the limits on gathering size and social distancing orders “unlawfully and in direct contradiction to the Establishment Clause of the First Amendment … effectively prohibited worship services.” A representative for Ivey said, “The governor is pleased with our state’s progress in terms of COVID-19 and reminds everyone to keep at it.” Although the suit was originally filed in the U.S. District Court for the Northern District of Alabama, it was later moved to the Middle District. A judge has not yet been assigned.
• Ike’s Korner Grille v. South Carolina: On Sept. 20, a Spartanburg County restaurant sued the state of South Carolina and Gov. Henry McMaster (R), alleging McMaster’s COVID-19 executive orders “are not authorized by the laws of South Carolina and violate the South Carolina Constitution.” Ike’s Korner Grille has received multiple notices for violating mandatory safety measures. The Grille’s owners allege the orders pose “the threat of lasting and permanent harm” to its “business and personal liberty by the restrictive micro-managing of operations.” Plaintiffs also allege McMaster’s orders exceed the statutory time-limit for a state of emergency and unconstitutionally “usurp the legislative power of the General Assembly.” A representative from McMaster’s office said, “[The] governor is confident in the constitutionality of the targeted, deliberate and limited measures that have been put in place to help stop the spread of the virus.” The case is pending in the Spartanburg County Court of Common Pleas.
• Newman v. Evers: On Sept. 17, a Wisconsin poll worker who was fired for refusing to wear a mask sued his local city clerk and Gov. Tony Evers (D) in the La Crosse County Circuit Court. Poll worker Nicholas Newman asks the court to declare Evers’ Executive Order No. 82 and Emergency Order No. 1 unlawful. The orders declared a public health emergency and mandated masks statewide, respectively. Newman alleges Evers’ mask mandate exceeds “his statutory and constitutional power, and is therefore unlawful, void and unenforceable.” Newman also says the order exempts him from wearing a face covering because he “is an individual who has trouble breathing” and “also has a medical condition which makes it dangerous for him to wear a mask for an extended period of time.” A representative for Evers said, “that masks can save lives, and Gov. Evers continues to ask everyone to do their part to help prevent the spread of COVID-19 by wearing a mask.” The case has been assigned to Judge Ramona A. Gonzalez.

Travel restrictions

Read more: Travel restrictions issued by states in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Governors or state agencies in 25 states issued executive orders placing restrictions on out-of-state visitors. At least 14 of those orders have been rescinded.
  • Since Sept. 24, three states have modified their travel restrictions. 

Details:

• Connecticut, New Jersey, and New York – On Sept. 22, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) that Colorado had been added to the tristate quarantine list. Arizona and Virginia were removed from the list. 

Ballot measure changes

Read more: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• At least 19 lawsuits were filed in 13 states seeking court orders suspending or changing signature requirements and deadlines. 
• Rulings or settlements have been issued in 18 cases. 
• Ballotpedia has tracked 27 statewide initiative petition drives that suspended signature gathering. 
• Seven states and D.C. changed ballot measure procedures through executive orders or legislative action.
• At least four initiative campaigns initially targeting 2020 reported they would shift their focus to 2022.

Read more: 1918 influenza pandemic (Spanish Flu) and the 1918 midterm election cycle

The United States held midterm elections as scheduled during the 1918-1919 influenza pandemic. More than 50 million people perished from the disease worldwide, including about 675,000 in the U.S., making it one of the deadliest pandemics in recorded history. Each week, we’ll look back at a story from the 1918 elections to see how America met the challenges of holding elections during a national health emergency.

On Nov. 5, 1918, the Oakland Tribune reported on the shortage of poll workers in Alameda County due to the influenza pandemic.

Oakland and virtually all of Alameda County is handling today’s selection under difficulties. Many of those selected as election booth officials have been made ill by Spanish influenza and substitutes have been difficult to obtain by reason of fear of the epidemic. 

All of the polling places are open, however, although many of them are being run shorthanded. It is the purpose of County Clerk Gross to fill the vacancies by drafting persons who come to work at the polls for candidates or from those who come to vote.

Early morning voting was very light, according to the reports that have been received by the county clerk. It is believed, however, that the pleasant weather will have much to do with getting out a vote somewhere near normal.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.​​​​

Federal responses

Read more: Political responses to the coronavirus (COVID-19) pandemic, 2020

• On Sept. 28, the National Park Service (NPS) announced the Washington Monument would reopen October 1. Visitors must get tickets online, and masks will be required inside the monument.
• On Sept. 28, President Donald Trump (R) announced the federal government would send the first batch of a planned 100 million rapid coronavirus tests developed by Abbott Laboratories to states this week. The first shipment was expected to total 6.5 million tests. The tests would be distributed to states based on population.
• On Sept. 30, the Centers for Disease Control and Prevention (CDC) announced that it was extending a ban on cruise ships with a carrying capacity of more than 250 people through Oct. 31. The no-sail order prohibits passenger operations on cruise ships in waters subject to U.S. jurisdiction. 

State stay-at-home orders

Read more: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

As of Oct. 1, stay-at-home orders have ended in 41 states. Nineteen of those states have Republican governors and 22 have Democratic governors (including Wisconsin, where the state supreme court invalidated the stay-at-home order). Seven states never issued stay-at-home orders.

California and New Mexico, both of which have a Democratic governor, are the only remaining states with an active stay-at-home order.

Eviction and foreclosure policies

Read more: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Nineteen states have current moratoriums on evictions and foreclosures.
  • Since Sept. 24, one state ended an eviction moratorium. Three states extended moratoriums on evictions.
• Twenty-four states have ended moratoriums on evictions and foreclosures.
• California has current local moratoriums on evictions and foreclosures.
• Seven states did not issue a moratorium on evictions and foreclosures on the state or local level.

Details:

• New York – On Sept. 28, Gov. Andrew Cuomo (D) extended the statewide moratorium on residential evictions through Jan. 1, 2021.
• Oregon – On Sept. 28, Gov. Kate Brown (D) issued an order extending the statewide moratorium on residential evictions through Dec. 31. The new order, which goes into effect Sept. 30, does not cover commercial evictions.
• Connecticut – On Sept. 30, Gov. Ned Lamont (D) announced he would extend the statewide moratorium on evictions through Jan. 1. The moratorium was set to expire on Oct. 1.
• Florida – The statewide moratorium on evictions and foreclosures expired on Oct. 1, after Gov. Ron DeSantis (R) announced that he would not extend it.

Diagnosed or quarantined politicians identified by Ballotpedia

Read more: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020

• Federal
  • One federal official has died of COVID-19.
  • Thirteen members of Congress have been diagnosed with COVID-19.
  • Forty-three federal officials quarantined after possible exposure to COVID-19.
• State
  • Four state-level incumbents or candidates have died of COVID-19.
  • Eighty-nine state-level incumbents or candidates have been diagnosed with COVID-19
  • Seventy-eight state-level incumbents or candidates quarantined after possible exposure to COVID-19.
• Local
  • At least two local incumbents or candidates have died of COVID-19.
  • At least 22 local incumbents or candidates have been diagnosed with COVID-19.
  • At least 27 local incumbents or candidates quarantined after possible exposure to COVID-19.

Since Sept. 24, one governor and three state representatives have tested positive for coronavirus. One governor has self-quarantined.

Details:

• On Sept. 24, South Carolina state Rep. Katrina Shealy (R), who represents District 23, announced she had tested positive for COVID-19.
• On Sept. 25, Virginia Gov. Ralph Northam (D) announced that he and his wife had tested positive for COVID-19. 
• On Sept. 29, Illinois Gov. J.B. Pritzker (D) announced he would self-quarantine for 14 days after a member of his staff tested positive for COVID-19. Pritzker self-quarantined on May 11 after a member of his staff tested positive for the virus.
• On Sept. 29, Michigan state Rep. Beau LaFave (R), who represents District 108, announced he had tested positive for coronavirus.
• On Oct. 1, Pennsylvania state Rep. Paul Schemel (R), who represents District 90, announced that he had tested positive for coronavirus.

State legislation

Read more: State laws in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• To date, 3,275 bills related to the coronavirus pandemic have been introduced in state legislatures.
  • We have tracked 66 additional bills since Sept. 24.
• Of these, 438 significant bills have been enacted into law, 13% of the total introduced. This total omits ceremonial resolutions and legislation providing for procedural changes to legislative business. 
  • We have tracked 12 additional significant bills since Sept. 24 (also omitting ceremonial resolutions and legislation providing for procedural changes to legislative business.)

State court changes

Read more: State court closures in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Thirty-four states suspended in-person proceedings statewide
  • Since Sept. 24, two courts have extended restrictions on in-person proceedings and the suspension of jury trials.
• Sixteen states suspended in-person proceedings at the local level

Details:

• Virginia – On Sept. 29, the Virginia Supreme Court issued an order extending the statewide judicial emergency through Oct. 11. The order continues requirements like face coverings in courthouses. Courts are still encouraged to conduct as much business as possible remotely, and jury trials remain prohibited in all but 10 jurisdictions.
• Alaska –  On Sept. 26, Alaska Supreme Court Chief Justice Joel Bolger issued an order extending a ban on felony jury trials through the end of the year, but allowing for misdemeanor jury trials to resume in November.

Learn more

• Election changes
• School closures and reopenings
• Lawsuits about state actions and policies
• Travel restrictions
• Ballot measure changes
• 1918 story
• Federal responses
• Stay-at-home orders
• Eviction and foreclosure policies
• Diagnosed or quarantined public officials
• State legislation
• State legislative sessions
• State courts

For daily news on state reopening plans and which industries and activities are permitted across the country, subscribe to Documenting America’s Path to Recovery.

Election changes

Read more: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Thirty-eight states have made modifications to their voting procedures for the general election. 
  • Six states have made voting procedure modifications since Sept. 17.
• Twenty states have modified their candidate filing requirements. 
  • No states have made candidate filing modifications since Sept. 17.

Details:

• Michigan: On Sept. 18, Judge Cynthia Stephens of the Michigan Court of Claims issued a ruling extending Michigan’s absentee/mail-in ballot receipt deadline to Nov. 17 for ballots postmarked on or before Nov. 2. Stephens also authorized voters to allow anyone of their choosing to return their ballots between 5:01 p.m. on Oct. 30 and the close of polls on Nov. 3.
• Mississippi: On Sept. 18, the Mississippi State Supreme Court reversed a lower court ruling that had extended absentee/mail-in voting eligibility to individuals with “pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death.”
• New York: On Sept. 18, the League of Women Voters reached a settlement agreement with New York election officials over ballot curing provisions for the general election.
• Pennsylvania: On Sept. 17, the Pennsylvania Supreme Court issued rulings that extended the mail-in ballot receipt deadline to Nov. 6 and authorized the use of drop boxes for returning mail-in ballots in the general election.
• South Carolina: On Sept. 18, Judge J. Michelle Childs of the United States District Court for the District of South Carolina issued a preliminary injunction barring election officials from enforcing South Carolina’s witness requirement for absentee/mail-in ballots in the general election.
• Wisconsin: On Sept. 21, Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin issued an order extending the absentee/mail-in ballot receipt deadline in Wisconsin to Nov. 9 for ballots postmarked on or before Nov. 3. Conley immediately stayed his ruling, giving defendants seven days to file an emergency appeal of the order. 

School closures and reopenings

Read more: School reopenings in the 2020-2021 academic year after the coronavirus (COVID-19) pandemic

In March and April, 48 states closed schools to in-person instruction for the remainder of the 2019-2020 academic year. Those states accounted for 99.4% of the nation’s 50.6 million public school students. Montana and Wyoming did not require in-person instruction to close for the year. Montana schools were allowed to reopen on May 7 and Wyoming schools were allowed to reopen on May 15.

The current status of school reopenings is as follows:

• Washington, D.C., has a district-ordered school closure
  • 2016-17 enrollment: 85,850 students (0.17% of students nationwide)
• Five states (Calif., Hawaii, N.M., Ore., W.V.) have a state-ordered regional school closure
  • 2016-17 enrollment: 7,679,753 students (15.18% of students nationwide)
• Two states (Del., Va.) are open for hybrid or remote instruction only
  • 2016-17 enrollment: 1,686,326 students (3.33% of students nationwide)
• Four states (Ark., Fla., Iowa, Texas) have state-ordered in-person instruction
  • 2016-17 enrollment: 9,180,918 students (18.15% of students nationwide)
• Thirty-nine states have reopenings that vary by school or district
  • 2016-17 enrollment: 31,955,012 students (63.17% of students nationwide)

Details:

• Maryland – On Sept. 22, Karen Salmon, the Maryland Superintendent of Schools, approved in-person reopening plans for every school district in the state. 
• Vermont – On Sept. 22, Vermont Education Secretary Dan French announced schools would advance to step 3 of reopening, which allows for inter-scholastic competitions, on Sept. 26. Step 3 also permits schools to use common areas like gyms and small groups of students. 

Lawsuits about state actions and policies

Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• To date, Ballotpedia has tracked 991 lawsuits, in all 50 states, dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 332 of those lawsuits. 
  • Since Sept. 17, we have added 57 lawsuits to our database. We have also tracked an additional eight court orders and/or settlements. 
• Ballotpedia has separately tracked another 237 lawsuits, in 47 states, dealing with election issues during the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 166 of those lawsuits.

Here are three lawsuits that have either garnered significant national media attention or involve major advocacy groups.

• Barry v. University of Washington: On Sept. 16, a University of Washington (UW) student filed a class-action lawsuit seeking tuition reimbursement for campus closures. In the complaint, filed in King County Superior Court, UW graduate student Alexander Barry alleges that “[d]espite sending students home, transitioning to online instruction, and closing its campuses, the University of Washington continued to charge for tuition … as if nothing changed, continuing to reap the financial benefit of millions of dollars from students.” The suit alleges the university’s “failure to provide in-person instruction and shutdown of campus facilities amounts to a material breach of the contract.” The complaint alleges that contract law, constitutional guarantees, and “good conscience require that the University of Washington return a portion of the monies paid in tuition and fees.” In a statement, UW representative Victor Balta said university officials “understand and share the frustration and disappointment that students and their families are experiencing as we navigate the unprecedented limitations presented by the COVID-19 pandemic,” but declined to comment directly on the pending litigation. The judge assigned to the case has yet to be announced.
• Eden LLC v. Justice: On Sept. 17, a joint group of businesses and the parents of public school children filed suit against West Virginia Gov. Jim Justice (R) in the U.S. District Court for the Northern District of West Virginia. Plaintiffs are challenging what they call his “never-ending executive orders mandating restrictions of constitutionally protected activities.” The plaintiffs allege Justice’s COVID-19 orders violate the U.S. Constitution’s Takings Clause, violating guarantees of substantive due process, procedural due process, equal protection, freedom of assembly, and freedom of expression. The plaintiffs allege Justice’s “actions in classifying business as ‘non-essential’ are arbitrary and irrational,” as is his “blanket closure of private or public schools.” Neither Justice nor his office has commented. The case has not yet been assigned to a judge.
• Miller v. Himes: On Sept. 10, a group of parents filed suit in the Putnam County Court of Common Pleas challenging the constitutionality of Ohio’s mask mandate for schools. The mandate requires public and private students in kindergarten through 12th grade to wear facial coverings while on campus, with some exceptions. The parents allege the order infringes on their religious beliefs, and those of their children, as well as their constitutional right to raise their children as they see fit. The plaintiffs also allege mask-wearing has become politicized, making the mandate an unconstitutional form of compelled speech. Lastly, the parents allege the mandate “destroys basic expressive communication, deletes peoples’ sense of self,” and violates their privacy rights “in violation of traditional common law as well as Ohio tort law.” Lance Himes, interim director of the Ohio Department of Health, has not commented. The case is assigned to Judge Keith Schierloh.

Travel restrictions

Read more: Travel restrictions issued by states in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Governors or state agencies in 25 states issued executive orders placing restrictions on out-of-state visitors. At least 14 of those orders have been rescinded.
  • Since Sept. 17, six states have modified their travel restrictions. 

Details:

• Maine – On Sept. 23, Gov. Janet Mills (D) announced that Massachusetts travelers entering Maine would no longer be required to test negative or quarantine for 14 days. Other exempt states include New Hampshire, Vermont, Connecticut, New Jersey, New York, and Massachusetts. Travelers from all other states must present a negative COVID-19 test or self-quarantine for 14 days upon arrival in Maine. 
• New Mexico – On Sept. 23,  Gov. Michelle Lujan Grisham (D) added Colorado, Oregon, and Rhode Island to the list of high-risk states. Travelers from high-risk states must self-quarantine for 14 days upon arrival in New Mexico. Michigan and Hawaii were moved from high-risk to low-risk, exempting travelers from those states from the quarantine requirement.
• Connecticut, New Jersey, and New York – On Sept. 22, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Arizona, Minnesota, Nevada, Rhode Island, and Wyoming had been added to the tristate quarantine list, which includes 33 states plus Guam and Puerto Rico. 
• Massachusetts – On Sept. 19, the Massachusetts Department of Public Health removed Wyoming from its list of low-risk states. Travelers from Wyoming must self-quarantine for 14 days upon arrival in Massachusetts.

Ballot measure changes

Read more: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• At least 20 lawsuits were filed in 13 states seeking court orders suspending or changing signature requirements and deadlines. 
• Rulings or settlements have been issued in 18 cases. 
• Ballotpedia has tracked 27 statewide initiative petition drives that suspended signature gathering. 
• Seven states and D.C. changed ballot measure procedures through executive orders or legislative action. 
• At least four initiative campaigns initially targeting 2020 reported they would shift their focus to 2022.

Details:

• Nevada – Protect Our Girls, the committee sponsoring the Nevada Parental Notification for Minor’s Abortion Initiative, filed a lawsuit asking a U.S District Court to extend the Nov. 18, 2020, deadline to submit signatures to qualify the initiative for the 2022 ballot.

Read more: 1918 influenza pandemic (Spanish Flu) and the 1918 midterm election cycle

The United States held midterm elections as scheduled during the 1918-1919 influenza pandemic. More than 50 million people perished from the disease worldwide, including about 675,000 in the U.S., making it one of the deadliest pandemics in recorded history. Each week, we’ll look back at a story from the 1918 elections to see how America met the challenges of holding elections during a national health emergency.

On Nov. 2, 1918, the Deseret Evening News previewed Utah’s general election, which took place under the pall of the influenza pandemic.

After the most unusual campaign in the history of Utah politics—owing chiefly to the influenza quarantine—the general election will take place next Tuesday, Nov. 5. Three justices of the state supreme court, two congressmen, a judge of the district court, state senators, state representatives, and full county ticket will be chosen.

The Australian ballot system will be used. A list of nominations has been prepared by county clerks throughout the state, and voters have been asked to make themselves familiar with the names of the candidates so that voting may be expedited. To vote a straight ticket, a cross should be placed in the circle at the top of the column on the ballot which will be provided. This circle is placed under the official party emblem. Three parties are represented, the Democratic, Republican, and Socialist.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.

Federal responses

Read more: Political responses to the coronavirus (COVID-19) pandemic, 2020

• On Sept. 22, Adm. Brett Giroir, the Assistant Secretary for Health and testing czar on the White House coronavirus task force, confirmed that the Trump administration has sent more than 250,000 rapid coronavirus tests to historically Black colleges and universities (HBCUs) as part of an effort to prevent outbreaks in high-risk communities.
• On Sept. 21, the U.S. Department of Defense announced travel restrictions had been lifted on 51% of U.S. military installations around the world.
• On Sept. 18, Acting Homeland Security Secretary Chad Wolf announced on Twitter that the Department of Homeland Security would extend its prohibition on nonessential travel with Canada and Mexico through Oct. 21.

State stay-at-home orders

Read more: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

As of Sept. 17, stay-at-home orders have ended in 41 states. Nineteen of those states have Republican governors and 22 have Democratic governors (including Wisconsin, where the state supreme court invalidated the stay-at-home order). Seven states never issued stay-at-home orders.

California and New Mexico, both of which have a Democratic governor, are the only remaining states with an active stay-at-home order.

Details:

• New Mexico – Health Secretary Kathyleen Kunkel extended the state’s stay-at-home order through Oct. 16.

Eviction and foreclosure policies

Read more: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Twenty states have current moratoriums on evictions and foreclosures.
  • Since Sept. 17, one state has extended a moratorium on evictions.
• Twenty-three states have ended moratoriums on evictions and foreclosures.
• California has current local moratoriums on evictions and foreclosures.
• Seven states did not issue a moratorium on evictions and foreclosures on the state or local level.

Details:

• New York – Gov. Andrew Cuomo (D) extended the statewide moratorium on commercial evictions and foreclosures through Oct. 20.

Diagnosed or quarantined politicians identified by Ballotpedia

Read more: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020

• Federal
  • One federal official has died of COVID-19.
  • Thirteen members of Congress have been diagnosed with COVID-19.
  • Forty-three federal officials quarantined after possible exposure to COVID-19.
• State
  • Four state-level incumbents or candidates have died of COVID-19.
  • Eighty-five state-level incumbents or candidates have been diagnosed with COVID-19
  • Seventy-eight state-level incumbents or candidates quarantined after possible exposure to COVID-19.
• Local
  • At least two local incumbents or candidates have died of COVID-19.
  • At least 22 local incumbents or candidates have been diagnosed with COVID-19.
  • At least 27 local incumbents or candidates quarantined after possible exposure to COVID-19.

Since Sept. 17, one governor, one state representative, and one candidate for state representative have tested positive for coronavirus.

Details:

• Missouri Gov. Mike Parson (R) announced on Sept. 23 he and his wife had tested positive for coronavirus.
• Illinois state Rep. Sam Yingling (D), who represents District 62, announced on Sept. 21 he had tested positive for coronavirus.
• Fred Hawkins (R), a candidate for Florida’s House of Representatives District 42, announced on Sept. 22 he had tested positive for coronavirus. 

State legislation

Read more: State laws in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• To date, 3,209 bills related to the coronavirus pandemic have been introduced in state legislatures.
  • We have tracked 63 additional bills since Sept. 17.
• Of these, 426 significant bills have been enacted into law, 13 percent of the total number that has been introduced. This total omits ceremonial resolutions and legislation providing for procedural changes to legislative business. 
  • We have tracked six additional significant bills since Sept. 17 (also omitting ceremonial resolutions and legislation providing for procedural changes to legislative business.)

State legislative session changes

Read more: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Four state legislatures have suspended their sessions. All four of those have since reconvened. 
• Forty-one legislatures have either adjourned or are not scheduled to be in regular session this year.
• Four state legislatures are in regular session. 
• One state legislature is in special session. 

Details:

• We have tracked no legislative session changes since Sept. 17.

State court changes

Read more: State court closures in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Thirty-four states suspended in-person proceedings statewide
  • Since Sept. 10, two courts have relaxed restrictions on in-person proceedings.
• Sixteen states suspended in-person proceedings at the local level

Details:

• South Carolina – On Sept. 21, state courts were allowed to resume normal scheduling and in-person hearings.
• New Jersey – On Sept. 21, courts in the state were allowed to resume jury trials.

Learn more

• Election changes
• School closures and reopenings
• Lawsuits about state actions and policies
• Travel restrictions
• Ballot measure changes
• 1918 story
• Federal responses
• Stay-at-home orders
• Eviction and foreclosure policies
• Diagnosed or quarantined public officials
• State legislation
• State legislative sessions
• State courts

For daily news on state reopening plans and which industries and activities are permitted across the country, subscribe to Documenting America’s Path to Recovery.Election changes

Read more: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Thirty-eight states have made modifications to their general election voting procedures. 
  • Six new states have made voting procedure modifications since Sept. 10.
• Twenty states have modified their candidate filing requirements. 
  • No states have made candidate filing modifications since Sept. 10.

Details:

• Arizona: On Sept. 10, Judge Douglas Rayes of the U.S. District Court for the District of Arizona ordered Arizona election officials to give voters until 5:00 p.m. on the fifth business day after an election to sign their vote-by-mail ballot envelopes if they failed to sign at the time they submitted the ballots.
• Louisiana: On Sept. 16, Chief Judge Shelly Deckert Dick of the U.S. District Court for the Middle District of Louisiana ordered Louisiana election officials to make available to voters in the Nov. 3 general election the same COVID-19 absentee ballot application used in the state’s summer elections. This application offered COVID-19-specific reasons for requesting an absentee ballot.
• Ohio: 
  • On Sept. 15, Judge Richard Frye of the Franklin County Court of Common Pleas ruled that secretary of State Frank LaRose’s (R) order directing counties to provide no more than one absentee/mail-in ballot drop box per county “lacked a legitimate basis in evidence” and was “unreasonable and unlawful.” Frye, however, stopped short of rescinding the order. A representative for LaRose said the order remained in force. On Sept. 16, Frye ordered LaRose to stop directing counties to provide no more than one absentee/mail-in ballot drop box per county. However, Frye immediately suspended his order anticipating LaRose would appeal. The limit remains in effect pending appeal. 
  • On Sept. 11, Judge Stephen L. McIntosh of Ohio’s Franklin County Court of Common Pleas blocked LaRose from rejecting absentee ballot applications submitted via fax or email.
• Pennsylvania: On Sept. 14, the League of Women Voters of Pennsylvania and the Urban League of Greater Pittsburgh dropped a lawsuit against the state over mail-in ballots. The group withdrew their suit when election officials issued guidance preventing counties from rejecting mail-in ballots solely because of possible mismatches between the signature on the return envelope and the signature on the voter’s registration record.
• Rhode Island: On Sept. 11, Secretary of State Nellie Gorbea (D) announced her office would send absentee/mail-in ballot applications to all active registered voters in the Nov. 3 general election.
• South Carolina: On Sept. 16, Gov. Henry McMaster (R) signed H5305 into law, extending absentee voting eligibility to all qualified electors in the Nov. 3 general election. The legislation also established Oct. 5 as the start date for in-person absentee voting (i.e., early voting).

School closures and reopenings

Read more: School reopenings in the 2020-2021 academic year after the coronavirus (COVID-19) pandemic

Overview:

In March and April, 48 states closed schools to in-person instruction for the remainder of the 2019-2020 academic year. Those states accounted for 99.4% of the nation’s 50.6 million public school students. Montana and Wyoming did not require in-person instruction for the year. Montana schools were allowed to reopen on May 7 and Wyoming schools were allowed to reopen on May 15.

The current status of school reopenings is as follows:

• Washington, D.C., has a district-ordered school closure
  • 2016-17 enrollment: 85,850 students (0.17% of students nationwide)
• Five states (Calif., Hawaii, N.M., Ore., W.V.) have a state-ordered regional school closure
  • 2016-17 enrollment: 7,679,753 students (15.18% of students nationwide)
• Two states (Del., Va.) are open for hybrid or remote instruction only
  • 2016-17 enrollment: 1,686,326 students (3.33% of students nationwide)
• Four states (Ark., Fla., Iowa, Texas) have state-ordered in-person instruction
  • 2016-17 enrollment: 9,180,918 students (18.15% of students nationwide)
• Thirty-nine states have reopenings that vary by school or district
  • 2016-17 enrollment: 31,955,012 students (63.17% of students nationwide)

Details:

• Rhode Island – In-person K-12 classes were allowed to resume statewide on Sept. 14. Cumberland and Warwick school districts are starting the school year fully remotely. Most school districts resumed with a hybrid schedule.
• West Virginia – On Sept. 15, Gov. Jim Justice (R) announced he was adding a new color—gold—to the color-coding system that determines how schools can reopen. Counties with between 10 and 14.9 COVID-19 cases per 100,000 people will be classified as gold. While in-person learning is allowed in gold counties, there are limits on gatherings and sports travel. 

Lawsuits about state actions and policies

Read more: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• To date, Ballotpedia has tracked 934 lawsuits, across all 50 states, dealing in some way with the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 324 of those lawsuits. 
  • Since Sept. 10, we have added 40 lawsuits to our database. We have also tracked an additional five court orders and/or settlements. 
• Ballotpedia has separately tracked another 234 lawsuits, in 47 states, dealing with election issues during the COVID-19 outbreak. Court orders have been issued, or settlements have been reached, in 155 of those lawsuits.

Here are three lawsuits that have either garnered significant national media attention or involve major advocacy groups.

• County of Butler v. Wolf: On Sept. 14, Judge William Stickman IV of the U.S. District Court for the Western District of Pennsylvania struck down some of Pennsylvania Gov. Tom Wolf’s (D) COVID-19 orders. The suit was brought on behalf of various Pennsylvania counties, businesses, and elected officials. It challenged Wolf’s restrictions on indoor and outdoor gatherings, the continued closure of “non-life-sustaining” businesses, and prolonged stay-at-home orders. Writing that the “liberties protected by the Constitution are not fair-weather freedoms,” Stickman, an appointee of President Donald Trump (R), ruled that the “Constitution cannot accept the concept of a ‘new normal’ where the basic liberties of the people can be subordinated to open-ended emergency mitigation measures.” In his order, Stickman found: 
  • “(1) that the congregate gathering limits … violate the right of assembly enshrined in the First Amendment;” 
  • “(2) that the stay-at-home and business closure components of defendants’ orders violate the due process clause of the Fourteenth Amendment; 
  • “and (3) that the business closure components of defendants’ orders violate the Equal Protection Clause of the Fourteenth Amendment.” 
  • Stickman limited remedy to the plaintiff individuals and businesses, dismissing the counties for lacking standing to sue. Thomas E. Breth, an attorney for the plaintiffs, said, “You can’t tell 13 million Pennsylvanians that they have to stay home. That’s not America. It never was. That order was horrible.” 
  • Lyndsay Kensinger, Wolf’s press secretary, said Wolf would seek to block the decision while seeking an appeal, adding that the “ruling does not impact any of the other mitigation orders currently in place including … mandatory telework, mandatory mask order, worker safety order, and the building safety order.”
• Illinois Republican Party v. Pritzker: On Sept. 3, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit refused the Illinois Republican Party’s request to block Gov. J.B. Pritzker’s (D) COVID-19 restrictions on the size of political gatherings. In its appeal, the state party claimed Pritzker’s orders unconstitutionally imposed a content-based limitation on speech because it allowed religious gatherings to exceed the 50-person limit. The state party also alleged Pritzker had selectively enforced his restrictions on political gatherings when he permitted, supported, and participated in a Black Lives Matter protest. The Seventh Circuit panel disagreed, finding that precedent “does not compel the Governor to treat all gatherings alike.” The panel further concluded that “free exercise of religion enjoys express constitutional protection, and the Governor was entitled to carve out some room for religion, even while he declined to do so for other activities.” Finally, the court emphasized that re-subjecting religious gatherings to the mandatory cap would “leave the Republicans no better off than they are today.” U.S. Circuit Chief Judge Diane Wood, an appointee of President Bill Clinton (D), and Judges Amy St. Eve and Amy Coney Barrett, appointees of President Donald Trump (R), sat on the panel and were unanimous in their decision. Daniel Suhr, counsel for the Republican Party, said, “We are disappointed in the decision, respectfully disagree with it, and are considering our options.” Pritzker has not yet made a statement.
• Renneberg v. Abbott: On Sept. 8, two families filed suit against Texas Gov. Greg Abbott (R) in the Travis County District Court challenging COVID-19 visitation restrictions for nursing homes and assisted living facilities. The plaintiffs, who have been unable to visit their family members in care facilities, argue that Abbott and the Texas Health and Human Services Commission (HHSC) are violating their constitutional and statutory rights “by prohibiting essential family visitors, damaging the health of residents in these facilities, and costing precious time to the residents and their families.” Citing the Texas Human Resources Code, which guarantees an elderly individual “a private place for receiving visitors,” with limited exceptions, plaintiffs argue that officials are “impeding this right and … suspending this portion of the law without authority.” The plaintiffs are asking for the court to “issue a temporary and permanent injunction allowing for safe and limited family visits for essential family caregivers.” Abbott’s office has not commented on the lawsuit, and HHSC has declined to comment on the pending lawsuit.

Travel restrictions

Read more: Travel restrictions issued by states in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Governors or state agencies in 25 states issued executive orders placing restrictions on out-of-state visitors. At least 14 of those orders have been rescinded.
  • Since Sept. 10, five states have modified their travel restrictions. 

Details:

• Connecticut, New Jersey, New York – On Sept. 15, Govs. Ned Lamont (D-Conn.), Phil Murphy (D-N.J.), and Andrew Cuomo (D-N.Y.) announced that Puerto Rico had been re-added to the joint travel advisory, while California, Hawaii, Maryland, Minnesota, Nevada, and Ohio had been removed.
• Pennsylvania – On Sept. 13, Pennsylvania removed California and Texas from its travel advisory and added Illinois.
• Massachusetts – On Sept. 12, the Massachusetts Department of Public Health removed Pennsylvania, Delaware, and West Virginia from the list of low-risk states. The state had designated Pennsylvania, Delaware, West Virginia, and Colorado low risk at the end of August. Travelers from low-risk states are exempt from the 14-day quarantine requirement.

Ballot measure changes

Read more: Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• At least 19 lawsuits were filed in 13 states seeking court orders suspending or changing signature requirements and deadlines. 
• Rulings or settlements have been issued in 18 cases, with appeals and motions for stays pending in some.
• Ballotpedia has tracked 27 statewide initiative petition drives that suspended signature gathering. 
• Seven states and D.C. changed ballot measure procedures through executive orders or legislative action. 
• At least four initiative campaigns initially targeting 2020 reported they would shift their focus to 2022.

Read more: 1918 influenza pandemic (Spanish Flu) and the 1918 midterm election cycle

The United States held midterm elections as scheduled during the 1918-1919 influenza pandemic. More than 50 million people perished from the disease worldwide, including about 675,000 in the U.S., making it one of the deadliest pandemics in recorded history. Each week, we’ll look back at a story from the 1918 elections to see how America met the challenges of holding elections during a national health emergency.

On Nov. 8, 1918, the Oakland Tribune reported on an unexpectedly large number of general election votes cast in the midst of a pandemic.

In spite of the influenza epidemic and all the predictions, the general election vote came within 2789 votes of the primary total. The figure of the primary is 77,148 and for the general election, 74,359.

The big vote is attributed to the fact that the election, robbed of the appearance of being bitterly fought by reason of the orders prohibiting meetings, was nevertheless one of the most stubbornly contested elections of recent years. Letter writing, advertising, and telephoning took the place of speech-making.

Click here to read the original article, courtesy of the University of Michigan Center for the History of Medicine and Michigan Publishing’s Influenza Encyclopedia.​​​​​​

Federal responses

Read more: Political responses to the coronavirus (COVID-19) pandemic, 2020

• On Sept. 16, the Department of Health and Human Services (HHS) and Department of Defense (DoD) released the Trump Administration’s COVID-19 vaccine distribution strategy. It includes guidance for working with states, tribes, territories, and local public health programs and a plan for distributing a vaccine as soon as one receives Emergency Use Authorization from the U.S. Food and Drug Administration (FDA).
• On Sept. 15, Speaker Nancy Pelosi (D) announced the House would remain in session until lawmakers come to an agreement on another coronavirus stimulus bill.
• On Sept. 14, the Centers for Disease Control and Prevention (CDC) removed a requirement that international travelers from countries like China, Iran, and the United Kingdom deplane at one of 15 designated airports and undergo enhanced health screening. The new strategy for international travelers to the U.S., based on evidence that individuals can be asymptomatic, relies on education, illness response, and developing a testing framework with other countries.

State stay-at-home orders

Read more: States with lockdown and stay-at-home orders in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

As of Sept. 17, stay-at-home orders have ended in 41 states. Nineteen of those states have Republican governors and 22 have Democratic governors (including Wisconsin, where the state supreme court invalidated the stay-at-home order). Seven states never issued stay-at-home orders.

California and New Mexico, both of which have a Democratic governor, are the only remaining states with an active stay-at-home order.

Eviction and foreclosure policies

Read more: Changes to rent, mortgage, eviction, and foreclosure policies in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Twenty states have current moratoriums on evictions and foreclosures.
  • Since Sept. 10, one state has extended a moratorium on evictions.
• Twenty-three states have ended moratoriums on evictions and foreclosures.
• California has current local moratoriums on evictions and foreclosures.
• Seven states did not issue a moratorium on evictions and foreclosures on the state or local level.

Details:

• Illinois – Gov. J.B. Pritzker extended the statewide moratorium on evictions through Oct. 22. It was scheduled to expire on Sept. 19.  

Diagnosed or quarantined politicians identified by Ballotpedia

Read more: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020

• Federal
  • One federal official has died of COVID-19.
  • Thirteen members of Congress have been diagnosed with COVID-19.
  • Forty-three federal officials quarantined after possible exposure to COVID-19.
• State
  • Four state-level incumbents or candidates have died of COVID-19.
  • Eighty-five state-level incumbents or candidates have been diagnosed with COVID-19
  • Seventy-eight state-level incumbents or candidates quarantined after possible exposure to COVID-19.
• Local
  • At least two local incumbents or candidates have died of COVID-19.
  • At least 22 local incumbents or candidates have been diagnosed with COVID-19.
  • At least 27 local incumbents or candidates quarantined after possible exposure to COVID-19.

Since Sept. 13, two lieutenant governors, one state senator, and one state Supreme Court justice have tested positive for coronavirus. One state senator self-quarantined. 

Details:

• Ohio state Sen. Bob Peterson (R), who represents District 17, announced on Sept. 14 he had tested positive for coronavirus.
• Ohio state Sen. Larry Obhof (R), who represents District 22, announced on Sept. 14 he was self-quarantining at home after interacting with Sen. Bob Peterson, who later tested positive for coronavirus.
• South Carolina Lt. Gov. Pamela Evette (R) announced on Sept. 14 she had tested positive for coronavirus.
• Indiana Supreme Court Chief Justice Loretta Rush announced on Sept. 13 she had tested positive for coronavirus.
• Hawaii Lt. Gov. Joshua Green (D) announced on Sept. 11 he had tested positive for coronavirus.

State legislation

Read more: State laws in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• To date, 3,146 bills related to the coronavirus pandemic have been introduced in state legislatures.
  • We have tracked 57 additional bills since Sept. 10.
• Of these, 420 significant bills have been enacted into law, 13 percent of the total number that has been introduced. This total omits ceremonial resolutions and legislation providing for procedural changes to legislative business. 
  • We have tracked 11 additional significant bills since Sept. 10 (also omitting ceremonial resolutions and legislation providing for procedural changes to legislative business.)

State legislative session changes

Read more: Changes to state legislative session dates in response to the coronavirus (COVID-19) pandemic, 2020

Overview: 

• Four state legislatures have suspended their sessions. All four of those have since reconvened. 
• Forty-one legislatures have either adjourned or are not scheduled to be in regular session this year.
• Four state legislatures are in regular session. 
• One state legislature is in special session. 

Details:

• We have tracked no legislative session changes since Sept. 10.

State court changes

Read more: State court closures in response to the coronavirus (COVID-19) pandemic, 2020

Overview:

• Thirty-four states suspended in-person proceedings statewide
  • Since Sept. 10, one court has extended restrictions on in-person proceedings and the suspension of jury trials. One state court permitted jury trials to resume.
• Sixteen states suspended in-person proceedings at the local level

Details:

• North Carolina –  On Sept. 15, Chief Justice Cheri Beasley issued an order extending and modifying emergency directives issued in response to the coronavirus for the next 30 days. The directives include a ban on jury trials, among other restrictions on in-person proceedings.
• Iowa – On Sept. 14, jury trials resumed in Iowa after several pilot trials received positive feedback from participating jurors and judges.

Learn more