22 September 2020
Pennsylvania's Supreme Court ordered state officials last week to throw out mail-in ballots submitted without a required inner "secrecy" envelope in November's election, the Philadelphia Inquirer reports.
The state of play: The decision went under the radar alongside the simultaneous decision to extend the time that mail-in ballots could be counted, but Philadelphia's top elections official warned state legislators this week that throwing out so-called "naked ballots" could bring "electoral chaos" to the state and cause "tens of thousands of votes" to be thrown out — potentially tipping the presidential election.
- Pennsylvania requires voters to place their ballots in an unmarked "secrecy" envelope before placing that inside another mailing envelope.
- Historically, only about 5% of Pennsylvanians have voted by mail as the state had required an excuse to vote absentee. This year marks the first time that the state has adopted no-excuse absentee voting, so many will be voting by mail amid the coronavirus pandemic — and using the double-envelope system — for the first time.
- The decision to reject "naked ballots" didn't apply during the primary earlier this year, which was the first use of expanded mail-in voting, so it's unclear how widespread the mistake may be. However, 6.4% of ballots were "naked" during last November's municipal election in Philadelphia, which was conducted under the more restrictive absentee system.
Why it matters: Polls have found that more Democrats than Republicans plan to vote by mail, so thrown-out "naked ballots" are more likely to be cast for Joe Biden. President Trump carried Pennsylvania by just 44,000 votes in 2016.
- "Pennsylvania is so important that our model gives Trump an 84 percent chance of winning the presidency if he carries the state — and it gives Biden a 96 percent chance of winning if Pennsylvania goes blue," FiveThirtyEight's Nathaniel Rakich noted in a recent analysis.
- If tens of thousands of "naked ballots" are rejected by election officials, it could be enough to swing the result in a tipping-point state.
What they're saying: "[R]ecent actions by the Pennsylvania Supreme Court have set Pennsylvania up to be the subject of significant post-election controversy, the likes of which we have not seen since Florida in 2000," Lisa Deeley, the chair of Philadelphia's city commissioners, wrote to state legislators.
- "I hope you consider this letter as me being a canary in the coal mine."
The bottom line: Cook Political Report's Dave Wasserman called the situation "a foreseeable train wreck."
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.