O’BRIEN Et Al. v. SKINNER, SHERIFF, Et Al.

Background

Seventy-two men in the Monroe County jail - some convicted of misdemeanors and others awaiting trial - asked Justice Marshall for emergency help after a New York Court of Appeals judgment. They say correctional and election officials refused to let them register or provide absentee ballots, mobile voting equipment, or transportation to the polls. They challenged a New York law that allows absentee voting for people confined because of physical disability but not for jailed misdemeanor offenders or those awaiting trial. Respondents pointed to an earlier case, McDonald, arguing it bars the claim.

Reasoning

Justice Marshall explained the main question was whether the State’s refusal to provide absentee ballots or other voting measures effectively denied the inmates their right to vote. He said the facts here differ from McDonald because the State appears to have rejected alternative means for voting, so taking away absentee ballots can be the same as taking away the vote and deserves close review. But he also emphasized practical limits. The inmates submitted registrations on the last day and filed their emergency request only four days before the election. Marshall lacked timely papers from the state court and concluded election officials could not reasonably process registrations or arrange ballots in that time. He therefore found effective relief impossible at that late stage and denied the application.

Real world impact

The denial means these jailed applicants did not receive emergency voting relief before the election and left the constitutional challenge unresolved for later proceedings. The decision leaves local election officials responsible for handling registrations and investigations within the normal time allowed, and it makes clear courts may refuse last-minute election interventions when deadlines prevent practical relief.