Voters lining up in to vote on election. Photo: Rob Crandall/Shutterstock.com

Backed by Big Law's Dechert, the Pennsylvania chapter of the NAACP has sued state election officials in an effort to bar the state from undertaking voting practices as a result of the COVID-19 pandemic that could disproportionately affect—and possibly disenfranchise—minority voters.

The suit, captioned NAACP Pennsylvania State Conference v. Boockvar, was filed in the Commonwealth Court on Thursday.

The petition cites long lines, overcrowding and confusion that occurred during the June primary as state officials grappled with ways to hold an election while in the throws of a global pandemic. The suit seeks an injunction to have state election officials increase the number of polling places, provide more notice if polling places are going to be consolidated, expanded early vote and make changes to the mail-in ballot deadlines, among other things.

"The right to vote is the cornerstone of our democracy," Kenneth Huston, president of the NAACP Pennsylvania State Conference said in a statement. "We will not allow the current unequal and unsafe voting conditions in Pennsylvania to stand. It is time for court intervention to ensure that our election this November will be safe, free, and fair and that the right to vote of all Pennsylvanians will be protected."

READ THE COMPLAINT:

Leading Dechert's team in the case is Sozi Pedro Tulante and Neil Steiner, with Julia Chapman, Tiffany Engsell and Craig Castiglia as the associates on the case. Along with Dechert, attorneys from Free Speech for People, including Ronald Fein and John Bonifaz, are also representing the NAACP.

According to the 72-page petition, steps that state officials took during the primary election earlier this month left some Pennsylvania's confused and led others to face the option of either facing increased health risks or not voting. Specifically, the petition argued that consolidating polling places was done with little notice and caused overcrowding at some polling spots, and deficiencies in the process for mail-in ballots caused difficulties in timely processing the ballots, leading to voter confusion.

The petition also contended that the changes—especially the consolidation of polling places, which were only advertised at the county board of elections offices and online—disproportionately affected those without internet access and those who rely on public transportation, the use of which can greatly increase the health risks involved in voting.

"In both cases, African American or Latino voters are most likely to be impacted. Thus, while some voters can vote burden-free, African American and Latino voters are more likely to face an unacceptable and unnecessary risk to their lives and health," the petition said.

The petition also noted the toll COVID-19 has taken so far, and cited public health experts' predictions that there will be a second wave of infection in the fall. The court, the petition said, should step in now to prevent similar problems from arising in the November general election.

"In short, the current voting regime needlessly permitted the crisis to disenfranchise the voting rights of Pennsylvanians during the Primary Election. Absent judicial intervention, there is no reason to believe things will be different in the fall," the petition said. "Now is the time to address the problems of voting in a pandemic that manifested in the Pennsylvania Primary Election and in the weeks and months that follow."

The Secretary of the Commonwealth's office did not return a message seeking comment.