Election 2020 Legal Update

On Behalf of Lurie|Strupinsky, LLP • October 15, 2020

2020 Election – Voting News Throughout the Country

In the most contentious presidential election year in American history, admits a global pandemic, voting is in the spotlight. Here is what you need to know:

Arizona

An Arizona District Court issued an order extending Arizona’s voter registration deadline to October 23 due to the impact of COVID-19. On October 2, two non-profit organizations sought an emergency motion against Arizona Secretary of State, Katie Hobbs, to extend the original October 5 deadline. Plaintiffs argued that if court enforced the October 5 deadline, it would burden their First and Fourteenth Amendment rights.

Hon. Steven Logan, U.S.D.J. granted a preliminary injunction, extending the registration deadline to October 23. Judge Logan found that Plaintiffs demonstrated a significant burden because voter registration dropped-off during the more restricted months of the pandemic. Because of the pandemic, the organizations could not reach the same quantity of voters as in a normal election year and Plaintiffs suffered the harm of not registering possibly tens of thousands of voters. Judge Logan stated, “a core tenet of democracy is to be ruled by a government that represents the population.” In a swing state, this injunction is critical for the voice of the American people to be heard.

New Jersey

Second, President Donald Trump’s reelection campaign lost its challenge to New Jersey’s remote voting plan due to the COVID-19 pandemic. A New Jersey district court ruled that federal election law does not prohibit officials from counting ballots before and after Election Day. The campaign argued that the rule violates the U.S. Constitution’s election clause setting a specific voting date and cites to Foster v. Love in which the U.S. Supreme Court held that an election may not be consummated before Election Day. Yet, Hon. Michael Shipp, U.S.D.J., disagreed in saying, “[c]anvassing ballots before Election Day does not consummate the election because that cannot occur before the polls close on Election Day and election officials run a final tabulation report.”

The judge subsequently rejected the campaign’s unsupported argument that New Jersey’s remote voting system is vulnerable to voter fraud. New Jersey’s Attorney General said in a statement, “[d]espite unprecedented conditions, New Jersey is committed to having fair and safe elections this November. We’re grateful that today a federal court recognized what we’ve said all along: New Jersey’s approach to this year’s election is lawful, and any arguments trying to undermine our election are simply misguided. We will continue to defend New Jersey’s elections rules against any court challenge.”

South Carolina

Third, the U.S. Supreme Court reinstated South Carolina’s witness requirement for mail-in ballots. A witness requirement means that all mail-in ballots must include a witness – a person with first-hand knowledge of an event that testifies to that knowledge – signature to be counted. But, importantly, the Court also ruled that South Carolina must still count ballots without signatures received prior to this decision.

The South Carolina Democratic Party challenged the witness requirement in district court as it increased the risk of persons with underlying medical conditions, the disabled, and racial and ethnic minorities to contract COVID-19. Yet, the Supreme Court stayed the district court’s injunction because 1) the court should defer public health and safety needs to the state and 2) the court should avoid altering election rules close to an election.

If you have are voting by mail, you must have a witness’s signature!

Iowa

Forth, an Iowa Judge blocks an order that barred counties from sending absentee ballots with applicants’ personal information already filled in. The Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee and the Iowa Democratic Party challenged this “Emergency Election Directive”, arguing that the Iowa Secretary of State, Paul Pate, did not have sufficient authority to issue such an order. The directive provided that the “County Auditors shall distribute only the blank Official State of Iowa Absentee Ballot Request Form.”

The Plaintiffs further argue that “if a registered voter submits an application on a sheet of paper no smaller than three by five inches in size that includes all of the information required in this section, the prescribed form is not required.” Iowa Code § 53.2(2)(a) (emphasis added). The Iowa judge said that the directive would cause substantial burden on plaintiffs, by forcing them to redirect their funds to educate voters and to mitigate the disproportionate impact on young and minority voters.New Paragraph

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Serving as the executor of a loved one's estate is an important responsibility, but it can also bring unexpected legal challenges, time-sensitive obligations, and personal liability. If you have been appointed as an executor in New York, it is essential to understand the estate administration process, the critical deadlines involved, and when it is prudent to seek legal support to fulfill your duties effectively. The Initial Steps: Filing With Surrogate's Court The estate administration process in New York begins with the executor filing the will and a petition for probate in the Surrogate's Court within the county where the decedent lived. This initiates the formal legal proceeding to validate the will and empowers the executor to act on behalf of the estate. In Brooklyn and the greater New York City area, court schedules can vary seasonally, and local rules may impact timing. The court will issue Letters Testamentary, which legally recognize the executor's authority to administer the estate. Delays in filing with Surrogate's Court not only slow down the administration but may also put an executor at risk for claims of mismanagement, especially in situations where beneficiaries or creditors have questions about the estate's status. Proper filing also ensures compliance with state requirements and avoids unnecessary legal complications. Identifying and Collecting Estate Assets One of the core responsibilities of the executor is to identify, gather, and safeguard all assets belonging to the decedent. This inventory can include bank accounts, real estate, vehicles, investment accounts, insurance policies, business interests, and personal effects. In New York, certain assets such as jointly owned property or accounts with designated beneficiaries may pass outside of probate, but all assets should be accounted for during administration to comply with the state's rigorous standards. Executors in the city often face practical challenges such as navigating co-ops or condos, securing vacant property, and managing assets that require specialized valuation. Prompt action in collecting assets protects the estate from loss or misappropriation and is a vital part of fulfilling fiduciary obligations. Settling Debts, Taxes, and Final Expenses Before any distribution to heirs can occur, executors must address outstanding debts, taxes, and costs. These may include: Decedent's medical bills Credit card balances Utility bills Funeral expenses New York State and federal estate or inheritance taxes The executor is responsible for notifying creditors, vetting claims, and ensuring that legitimate obligations are paid from estate assets. Failing to properly settle these debts, or distributing assets too soon, exposes the executor to possible personal liability. In the New York climate, certain tax deadlines can coincide with seasonal court closures or delays so staying organized is critical. Distributing Assets to Heirs and Beneficiaries Only after all debts, taxes, and court-approved claims have been satisfied may the executor distribute remaining assets as directed by the will. This often involves preparing an accounting, obtaining discharge releases from beneficiaries, and sometimes petitioning the Surrogate's Court for final approval. Brooklyn families often benefit from clear communication at this stage, reducing the risk of misunderstanding or disputes between heirs. Why Work With an Estate Administration Attorney? Given New York's complex probate landscape, working with a qualified estate attorney can safeguard both the executor and the estate. Legal counsel can provide guidance on court procedures, help ensure tax compliance, resolve contested issues, and minimize the risk of personal liability. Firms like Khalifeh & Strupinsky, P.C. offer estate administration , probate law , and estate planning services that are tailored to the unique demands of the Brooklyn and greater New York area. Contact Our Brooklyn and New York Estate Attorneys Today If you have been appointed as an executor and have questions about your obligations, timelines, or potential risks, consider consulting Khalifeh & Strupinsky, P.C. Our team serves Brooklyn and New York, NY helping executors navigate Surrogate's Court, asset collection, debt settlement, and proper estate distribution with clarity and confidence. Call 917-717-5007 or fill out our secure online form to schedule a consultation and protect your interests as you administer your loved one's estate.