A federal judge said Tuesday she plans to issue an order that will suspend witness and notary rules for mail ballots Rhode Island, a requirement that advocates say would have caused a burden to voting because of the COVID-19 pandemic.
Judge Mary S. McElroy said at a hearing Tuesday afternoon she would enter a written order Wednesday approving the agreement made between the plaintiffs — who sued over the signature requirements — and the defendants, R.I. Secretary and State Nellie Gorbea and the R.I. Board of Elections.
McElroy also denied an attempt from the national and local Republican Party to intervene as defendants in the case. The Republicans had argued removing the witness requirements could lead to voter fraud.
The judge also was not convinced by a GOP argument that the plaintiffs and defendants “colluded” on the consent decree after neither Gov. Gina Raimondo nor the R.I. General Assembly was willing to waive the signature requirements, since neither defendant challenged the suit.
“So are you saying that in order to have a fair deal they have to disagree? No one could agree to anything … if that was the rule,” McElroy said.
The attorney for the GOP, Thomas McCarthy, indicated at the hearing the party would appeal the decision.
The lawsuit was filed by Common Cause Rhode Island and the R.I. League of Women Voters, along with three named Rhode Island voters, who argued the requirements to have two witnesses or a notary public observe them filling out a ballot and sign the envelope would violate social distancing guidelines and put their health at risk.
This is a developing story and will be updated.