[EL] Kleinfelds’ proposal

Thu Apr 9 07:58:52 PDT 2020

For levity, but you know this is going to happen:

Who be the first guardian of democracy to file a complaint of a buffer zone
violation by a person in a drive-through queue with a bumper sticker on his
car?

On Thu, Apr 9, 2020 at 10:52 AM Steve Kolbert <steve.kolbert at gmail.com>
wrote:

> My question about the proposal: what impact (if any) will drive-through
> voting have on line/queue management?  A line of 50 voters on foot snaking
> around a building corner is much different than a line of 50 (or 200!)
> voters in their vehicles clogging up nearby public roads.
>
> Communication with incoming voters may also be an issue.  It's one thing
> to put a "Vote Here" sign (or two, or three) in a parking lot. But when the
> line of cars snakes two (or ten) blocks, incoming voters may not initially
> understand that this backed-up traffic is all waiting to vote.  So these
> new voters may attempt to head straight to the polling place, then have to
> exit and re-route back to the end of the line of vehicles.  I can envision
> this creating a further traffic build-up.
>
> I imagine that, with some test-runs and practice, drive-through voting
> might eventually become a well-oiled machine.  But we're talking about
> trying it on a large scale for the first time in the largest election held
> every four years.  Growing pains are inevitable, and the scale of the
> election has the potential to magnify them.  (Of course, there may not be
> any better options.)
>
> Steve Kolbert
> (202) 422-2588
> steve.kolbert at gmail.com
> @Pronounce_the_T
>
> On Thu, Apr 9, 2020 at 9:48 AM Mark <markrush7983 at gmail.com> wrote:
>
>> Hi all--
>>
>> The proposal is beyond reasonable and wise.  Yet, alas, it may fail due
>> to the septic state of politics in the USA.
>>
>> On Thu, Apr 9, 2020 at 9:43 AM Jeff Hauser <jeffhauser at gmail.com> wrote:
>>
>>> " We need another Bauer-Ginsberg commission or some such"
>>>
>>> Haha yeah that was a resounding success!
>>>
>>> On Thu, Apr 9, 2020 at 9:29 AM Ilya Shapiro <IShapiro at cato.org> wrote:
>>>
>>>> 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).
>>>>
>>>>
>>>>
>>>> Ilya Shapiro
>>>>
>>>> Director
>>>>
>>>> Robert A. Levy Center for Constitutional Studies
>>>>
>>>> Cato Institute
>>>>
>>>> 1000 Massachusetts Ave. NW
>>>>
>>>> Washington, DC  20001
>>>>
>>>> tel. (202) 218-4600
>>>>
>>>> cel. (202) 577-1134
>>>>
>>>> ishapiro at cato.org
>>>>
>>>> Bio/clips: https://www.cato.org/people/ilya-shapiro
>>>>
>>>> Twitter: www.twitter.com/ishapiro
>>>>
>>>> SSRN: http://ssrn.com/author=1382023
>>>>
>>>>
>>>>
>>>> *Cato Supreme Court Review*:  http://www.cato.org/supreme-court-review
>>>>
>>>>
>>>>
>>>> Watch our 18th Annual Constitution Day Conference, Sept. 17, 2019:
>>>>
>>>> https://www.cato.org/events/18th-annual-constitution-day
>>>>
>>>>
>>>>
>>>> *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> 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> *On
>>>> Behalf Of *David Segal
>>>> *Sent:* Wednesday, April 8, 2020 10:29 PM
>>>> *To:* Eric J Segall <esegall at gsu.edu>
>>>> *Cc:* Election Law Listserv <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> 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> 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
>>>>
>>>> Director
>>>>
>>>> Robert A. Levy Center for Constitutional Studies
>>>>
>>>> Cato Institute
>>>>
>>>> 1000 Mass. Ave. NW
>>>>
>>>> Washington, DC 20001
>>>>
>>>> (o) 202-218-4600
>>>>
>>>> (c) 202-577-1134
>>>>
>>>> Twitter: @ishapiro
>>>>
>>>> http://www.cato.org/people/shapiro.html
>>>> <https://nam03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cato.org%2Fpeople%2Fshapiro.html&data=02%7C01%7Cesegall%40gsu.edu%7C119d6d922e124261fa9008d7dc1cf8fa%7C515ad73d8d5e4169895c9789dc742a70%7C0%7C0%7C637219889314062151&sdata=grQ9OqFvGz001aj76eTzlUJUNjTU20RD%2BUsdz5IBl%2BI%3D&reserved=0>
>>>>
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>>>>
>>>>
>>>>
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>>
>>
>> --
>> Mark Rush
>>
>>
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-- 
Steve Klein
Attorney
https://www.linkedin.com/in/stephenrklein
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