Emergency Remedy of Bd. of Elections

Summary

The Court affirmed the circuit court's order permitting local boards to begin canvassing absentee ballots before the 2022 general election. It held that the statutory authorization for emergency judicial remedies performs a judicial function and therefore does not violate separation of powers, either facially or as applied. It also held that the anticipated absentee-ballot volume and local boards' limited processing capacity constituted emergency circumstances interfering with the electoral process. Justice Biran concurred in full but expressed skepticism that the October 1 start date was sufficiently tailored to the emergency.