[EL] Postage Question

[Doug Spencer]

The rules differ by state. Most states with no-excuse absentee balloting
allow ballots to be dropped off at the local board of elections office, or
at polling stations, or at special drop boxes (see, California
<http://www.sos.ca.gov/elections/upcoming-elections/general-election-november-8-2016/county-early-voting/>
, Oregon <http://sos.oregon.gov/voting/Pages/drop-box-locator.aspx>,
Washington
<http://kingcounty.gov/depts/elections/how-to-vote/ballots/returning-my-ballot/ballot-drop-boxes.aspx>
, Massachusetts <https://www.sec.state.ma.us/ele/eleifv/howabs.htm>, Florida
<http://dos.myflorida.com/elections/for-voters/voting/military-and-overseas-citizens-voting/>,
etc.)

States that require an excuse to vote absentee (e.g. Oklahoma
<https://www.ok.gov/elections/Voter_Info/Absentee_Voting/>) often require
ballots to be mailed.

States also differ in their policies with respect to overseas and military
voters. Maryland
<http://www.elections.state.md.us/overseas_voters/absentee.html>, for
example, permits hand delivery of overseas ballots to board of election
office. Others, e.g. Alabama
<https://www.alabamavotes.gov/MilitaryOverseas.aspx?m=voters#absenteeBallot>,
require that ballots be mailed. Sill others, e.g., California
<http://www.sos.ca.gov/elections/voter-registration/military-overseas-voters/>,
permit UOCAVA ballots to be faxed.

Your student is not the first to raise this question, though the specific
issue has not been litigated. State attorneys are aware of the potential
conflict and have generally advised states to accept absentee and mail-in
ballots at polling stations or designated drop boxes. (See here
<http://leg.mt.gov/content/committees/interim/2007_2008/st_admin_vet_affairs/meeting_documents/MemoPollTaxOpinion.pdf>
and
here <https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0096.htm>, for examples).

Despite the clear language of the 24th amendment, Paul is probably correct
that a case would turn on the *Burdick/Anderson *balancing test weighing
the state's interest against the burden on individual voters. It would be a
weak case, in my opinion.

Doug

-----
*Douglas M. Spencer*
*Associate Professor of Law & Public Policy*
University of Connecticut

*Visiting Fellow, 2016-2017*
Center for the Study of American Politics
Yale University

http://www.dougspencer.org
<https://outlook.office.com/owa/?path=/mail/inbox>


On Tue, Nov 1, 2016 at 3:13 PM, Gaddie, Ronald K. <rkgaddie at ou.edu> wrote:

> Understood. Does the ability to drop at any polling place in a state hold
> across all states?
>
>
> Ronald Keith Gaddie, Ph.D.
> *President's Associates Presidential Professor*
> Chair, Department of Political Science
> Senior Fellow, Headington College
> Associate Director, Center for Intelligence & National Security
> General Editor, *Social Science Quarterly*
> The University of Oklahoma
>
> *p:* 405.325.2061*  | **e*: rkgaddie at ou.edu*  | t: *@GaddieWindage
> <https://twitter.com/gaddiewindage>
>
>
> ------------------------------
> *From:* Richard Winger <richardwinger at yahoo.com>
> *Sent:* Tuesday, November 1, 2016 2:09 PM
> *To:* Gaddie, Ronald K.; Election Law
> *Subject:* Re: [EL] Postage Question
>
> because the voter is free to drop it off at any polling place or voting
> center on election day.  The postage is not a requirement for returning the
> voted ballot.
>
> Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
>
>
> ------------------------------
> *From:* "Gaddie, Ronald K." <rkgaddie at ou.edu>
> *To:* Election Law <Law-election at department-lists.uci.edu>
> *Sent:* Tuesday, November 1, 2016 11:19 AM
> *Subject:* [EL] Postage Question
>
> Query: A former student, who is a lawyer and a Ph.D. candidate, wrote and
> asks "how is paying postage on an absentee ballot not a poll tax?"
>
> Any knowledgable answers are greatly appreciated.
>
> Ronald Keith Gaddie, Ph.D.
> *President's Associates Presidential Professor*
> Chair, Department of Political Science
> Senior Fellow, Headington College
> Associate Director, Center for Intelligence & National Security
> General Editor, *Social Science Quarterly*
> The University of Oklahoma
>
> *p:* 405.325.2061*  | **e*: rkgaddie at ou.edu*  | t: *@GaddieWindage
> <https://twitter.com/gaddiewindage>
>
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