[EL] Kleinfelds’ proposal

Thu Apr 9 06:28:56 PDT 2020

Holding small business loans hostage to election funding is not a way to enhance confidence in whatever crisis-related tweaks are necessary. Either this stuff passes on its own terms or it shouldn’t pass. The concern isn’t about “voting rights” as such—the pre-corona “suppression” meme/myth is not something Republicans will magically now sign onto—but having functioning elections and avoiding the Wisconsin game of chicken where nobody wins (even if the supreme courts were 100% correct in their legal rulings). We need another Bauer-Ginsberg commission or some such, un-sexy technocratic reforms to help election administration, not ideological ones that reinforce priors. The Kleinfeld proposal is consistent with that (and the Kleinfeld siblings are themselves on opposite partisan sides, albeit narrowly straddling the divide).

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From: Law-election On Behalf Of Jeff Hauser
Sent: Thursday, April 09, 2020 8:56 AM
To: Sean Parnell <sean at impactpolicymanagement.com>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Kleinfelds’ proposal

" Federal funding would no doubt help make the decision to expand absentee voting easier, but lack of funding is not an absolute barrier."

The literature on "states rights" and the history of access to voting in this country strongly suggests federal action is necessary. House Democrats are necessary to keeping GOP leaning business owners/equity holders afloat, and it strikes me as both necessary and proper that funding such efforts be tied to de facto voting rights.

On Thu, Apr 9, 2020 at 8:47 AM Sean Parnell <sean at impactpolicymanagement.com<mailto:sean at impactpolicymanagement.com>> wrote:
It’s probably worth noting that states generally fund and run their own elections, so there’s no real need to go through McConnell and Trump to expand absentee voting and other options. Federal funding would no doubt help make the decision to expand absentee voting easier, but lack of funding is not an absolute barrier.

Sean Parnell

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of David Segal
Sent: Wednesday, April 8, 2020 10:29 PM
To: Eric J Segall <esegall at gsu.edu<mailto:esegall at gsu.edu>>
Cc: Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: Re: [EL] Kleinfelds’ proposal

It's good that they are pushing and I think a patchwork of purple, and even some red, states might implement procedures along these lines. (Hard to imagine that all would, which might implicate the POTUS race and would certainly have impacts on Congress and state and local races.)

But it's very hard for me to see a path under any circumstances through McConnell and Trump, even if Congressional Ds prioritize this more in negotiations.

Do other folks here think otherwise, re: the politics of the bulk of R-controlled states and Congress, and if so would you be able to speak to what it looks like in more detail?

On Wed, Apr 8, 2020 at 9:59 PM Eric J Segall <esegall at gsu.edu<mailto:esegall at gsu.edu>> wrote:
Yes. excellent piece, great ideas, and thanks Ilya for supporting it.

Best,

Eric
Sent from my iPhone

On Apr 8, 2020, at 8:28 PM, Ilya Shapiro <IShapiro at cato.org<mailto:IShapiro at cato.org>> wrote:
 I thought this was solid and would get bipartisan support:

https://www.nationalreview.com/2020/04/coronavirus-response-holding-elections-during-pandemic/<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nationalreview.com%2F2020%2F04%2Fcoronavirus-response-holding-elections-during-pandemic%2F&data=02%7C01%7Cesegall%40gsu.edu%7C119d6d922e124261fa9008d7dc1cf8fa%7C515ad73d8d5e4169895c9789dc742a70%7C0%7C0%7C637219889314052158&sdata=4s3OdhFO8WLQxHc0JJqmIRohy3lAafOZxuD09D9fQSY%3D&reserved=0>
Ilya Shapiro
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Robert A. Levy Center for Constitutional Studies
Cato Institute
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Twitter: @ishapiro

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