Suit seeks to have mail-in votes lacking dates counted

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Several Pennsylvania groups represented by the American Civil Liberties Union have filed suit in federal court seeking to have votes from mail-in or absentee ballots counted even if they lack proper dates on their return envelopes.

The suit filed Friday night in western Pennsylvania by state chapters of the NAACP, League of Women Voters, and Common Cause and other groups follows a state Supreme Court ruling last week that barred officials from counting ballots that lack accurate, handwritten dates on their return envelopes as required by state law.

The groups said refusing to count such ballots “because of a trivial paperwork error” could disenfranchise thousands of voters and would violate provisions of the U.S. Civil Rights Act of 1964, which states that immaterial errors or omissions should not be used to prevent voting.

“Refusing to count votes based on immaterial paperwork errors has a suppressive effect ... by erecting yet another roadblock preventing them from voting and having their votes counted,” the lawsuit said.

The groups —- which also included Philadelphians Organized to Witness, Empower and Rebuild, the Black Political Empowerment Project and Make the Road Pennsylvania — also said they would have to divert resources from voter mobilization and education to track down voters who omitted the date on the return envelopes of their ballots.

They are asking the court to bar election officials from rejecting otherwise valid ballots with missing or incorrect dates on the return envelope and to bar state and county governments from certifying any election in which such ballots are not counted.

The state Supreme Court had unanimously barred officials from counting such votes, directing county boards of elections to “segregate and preserve” those ballots, but the justices split 3-3 on whether making the envelope dates mandatory under state law would violate provisions of federal civil rights law.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.