[EL] (no subject)

[Margaret Groarke]

Seeing Ned Foley's op-ed today when I opened the Daily News (as a New
Yorker, I subscribe to home delivery of the Daily News and the New York
Times) reminded me of the usefulness of writing an op-ed for a
local newspaper. If you want to share your knowledge and your views with
the public, the local dailies provide an opportunity to reach a public that
may not be reading the NYT, the Washington Post, the Washington Times.

On Fri, Jul 31, 2020 at 6:07 PM Pildes, Rick <rick.pildes at nyu.edu> wrote:

> Ned Foley Op-Ed on the Legitimacy of the Fall Election
> <https://electionlawblog.org/?p=113600>
>
> Posted on July 31, 2020 7:12 am <https://electionlawblog.org/?p=113600> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> In the NY Daily News
> <https://www.nydailynews.com/opinion/ny-oped-ignore-trump-and-count-every-vote-20200731-l5yvnnojune5neklttnqvsjxd4-story.html>
> :
>
> The elections will remain scheduled for Nov. 3. The question will be
> whether procedures to be used will be sufficient to permit every eligible
> voter wishing to participate to have an adequate opportunity to cast a
> ballot that will be counted.
>
> Candor requires acknowledging that there will be challenges in satisfying
> this basic standard — challenges caused largely by conditions associated
> with coronavirus.
>
> First, some voters may properly request mail ballots to which they are
> entitled by state law, but they may never receive them because of the
> failure of local election administrators (or the postal service) to deliver
> these ballots to the voters in time.
>
> Second, some polling locations may have unreasonably long lines — several
> hours or more — that cause voters to forego casting a ballot because they
> cannot wait that long.
>
> The primary elections this year saw both types of problems, and they
> probably will happen again in November.
>
> But here’s a crucial point. As horrible as wrongful disenfranchisement is
> to the particular voters who suffer it, and as much as the electoral system
> should endeavor to avoid any wrongful disenfranchisement at all, what
> matters in terms of the capacity of the election to serve the purpose of
> collective self-government is whether or not the wrongful
> disenfranchisement affects the accuracy of the outcome.
>
> Given the purpose of elections, the question ultimately is this: Is the
> candidate declared the winner the candidate that the electorate
> collectively wanted to win? If the answer is yes, then the system did not
> fail to serve its essential purpose even if there were problems. (Recall:
> President Obama needed to establish a commission after the 2012 election
> because of the long line problems that year, but those problems did not
> negate the validity of his victory.)
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113600&title=Ned%20Foley%20Op-Ed%20on%20the%20Legitimacy%20of%20the%20Fall%20Election>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113600&action=edit>
> Important: Preventable Fall Election Nightmare Looming in Michigan and
> States with Similar Policies <https://electionlawblog.org/?p=113582>
>
> Posted on July 31, 2020 6:51 am <https://electionlawblog.org/?p=113582> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> This story
> <https://news.yahoo.com/gop-intransigence-in-michigan-could-lead-to-a-chaotic-presidential-election-090037868.html>from
> Yahoo News is titled “GOP intransigence in Michigan could lead to a chaotic
> presidential election.” The story identifies an issue that I have been hammering
> away
> <https://www.lawfareblog.com/reducing-one-source-potential-election-meltdown>
> at since way back in March. There are going to be plenty of difficult
> issues to address, but this one is easy to fix:
>
> A top Michigan official warned on Wednesday that, unless the
> Republican-controlled state Legislature passes a law to speed up the
> reporting of election results, it would be responsible for a chaotic and
> destabilizing election this fall.
>
> “Continued inaction by lawmakers, when we need their support and
> partnership now more than ever, will equate to a dereliction of duty,”
> Michigan Secretary of State Jocelyn Benson said on a conference call with
> reporters.
>
> Benson, a Democrat, is the state’s top election official. She wants
> current laws changed in order to allow vote counters to be able to open
> mail-in and absentee ballots at least one day before Election Day.
>
> Benson said that if clerks are not enabled to start arranging the ballots
> for counting before Election Day, this will increase delays in reporting
> the results. For one thing, she said, “every single one of [the election
> officials] is already going to be dealing with several other issues” on the
> day of the election.
>
> “That will create a space to enable bad actors to falsely raise questions
> about the sanctity and security of our elections. That reality has
> implications not just for our voters but for the entire country,” she said.
>
> Pennsylvania is another large, important state for the presidential
> election that has the same problem. Last I checked, lawmakers there had
> made a modest change in these policies, which now permit election officials
> to process the absentees starting at 7 am on Election Day. That’s still way
> too late.
>
> I fail to understand why lawmakers in these states and others with similar
> policies are not changing policies to permit election officials to start
> processing absentee ballots earlier than usual, given the volume of
> absentees likely to be cast this fall.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113582&title=Important%3A%20Preventable%20Fall%20Election%20Nightmare%20Looming%20in%20Michigan%20and%20States%20with%20Similar%20Policies>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113582&action=edit>
> “The Hidden Mess That Could Cost Democrats Up to Two Points in November”
> <https://electionlawblog.org/?p=113597>
>
> Posted on July 31, 2020 6:42 am <https://electionlawblog.org/?p=113597> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> From David Wasserman
> <https://cookpolitical.com/analysis/national/national-politics/hidden-mess-could-cost-democrats-two-points-november>at
> The Cook Political Report:
>
> The real danger is a perfect catastrophe
> <https://www.nbcnews.com/politics/2020-election/states-reject-tens-thousands-mail-ballots-year-s-primaries-setting-n1233833> of
> administrative overload, postal delays and voter error that could lead to
> millions of absentee ballots not counting. And this year, unlike the past,
> those ballots are likely to be overwhelmingly Democratic.
>
> The problem for Democrats? Absentee ballots are rejected at higher rates
> than those cast in person. And academic studies
> <https://www.aclufl.org/sites/default/files/aclufl_-_vote_by_mail_-_report.pdf> have
> shown that younger voters and voters of color, some of Democrats’ most
> reliable voters, are much more likely to cast mail ballots that are
> rejected and less likely to take steps to “cure” their ballots if election
> officials flag them for signature problems.
>
> There’s a relatively low risk of a meltdown in states accustomed to
> processing large quantities of mail ballots, such as Colorado, Oregon and
> Washington (where all elections have been conducted by mail for years)
> along with California, Florida and Arizona. But many of the highest-stakes
> Electoral College states face steep logistical curves as they rush to adapt
> to the COVID era: in 2018
> <https://www.nbcnews.com/politics/2020-election/coronavirus-could-cripple-voting-november-it-depends-where-you-live-n1184476>,
> mail-in votes were just six percent of all votes cast in Wisconsin and
> Georgia, four percent in Pennsylvania and three percent in North Carolina.
>
> Growing fears over rejection rates could prompt Democrats to renew their
> focus on emphasizing in-person early voting as a means for those at lower
> health risk to relieve the burden on states’ strained mail and Election Day
> infrastructure. But early in-person voting isn’t available in some states,
> and there’s no guarantee lines to vote early would be less crowded than
> voting on Election Day.
>
> “If I were advising someone at lower health risk, I would say think about
> early in person voting,” says Stewart of MIT. “But go early in the process
> and don’t wait until the last minute.”
>
> I have been a strong proponent
> <https://www.washingtonpost.com/opinions/2020/06/23/absentee-ballots-will-be-critical-this-fall-in-person-voting-is-even-more-essential/>
> of the view that in-person voting is going to remain critical this fall. I
> am concerned that, with all the pressures state and local election
> officials face, they will neglect investing the efforts and resources
> needed to ensure a robust in-person option for voters this fall.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113597&title=%E2%80%9CThe%20Hidden%20Mess%20That%20Could%20Cost%20Democrats%20Up%20to%20Two%20Points%20in%20November%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113597&action=edit>
> “State shifts position on COVID-19 and absentee voting in arguments before
> Tennessee Supreme Court” <https://electionlawblog.org/?p=113594>
>
> Posted on July 31, 2020 6:26 am <https://electionlawblog.org/?p=113594> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> TN law permits absentee voting only for one of 12 specified reasons. A
> lower court held, as a matter of state constitutional law, that no-excuse
> absentee voting was required, given Covid-19. The case was argued yesterday
> before the TN Supreme Court, and the Nashville Tennessean has this
> interesting account
> <https://www.tennessean.com/story/news/local/2020/07/30/tennessees-chief-justice-absentee-ballot-battle-important-case/5531857002/>of
> the argument (I really like being able to post articles from local papers):
>
> Throughout her opening remarks, Janet Kleinfelter, the attorney for the
> state, was asked questions by the five justices as she argued the lower
> court had erred in its ruling. At one point, Justice Sharon Lee seemed
> frustrated while pressing Kleinfelter on the state’s position that voters
> with underlying health issues or those living with people with such
> conditions would be allowed to vote absentee.
>
> As Kleinfelter attempted to answer, Lee repeatedly reiterated her question.
>
> “If the voter has made that decision, then yes, they may vote absentee,”
> Kleinfelter said. Lee asked Kleinfelter whether the state would communicate
> the point to voters, noting earlier such information was not clear on
> absentee ballot applications.
>
> Kleinfelter’s comments seem to contradict previous interpretations by the
> state, possibly marking a shift in the state’s position.
>
> “In consultation with the attorney general’s office, the fear of getting
> ill does not fall under the definition of ill,” Elections Coordinator Mark
> Goins told The Associated Press in mid-May.
>
> On Thursday, Kleinfelter’s remarks to Lee’s questioning indicate the
> state’s interpretation of state law is slightly different than Goins’
> previous statement.
>
> The revised interpretation, based on her remarks to the court, would not
> block people with underlying health conditions from determining for
> themselves that fear of COVID-19 was a valid reason to apply for an
> absentee ballot. Kleinfelter said the same was true for those who care for
> people with underlying health conditions.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113594&title=%E2%80%9CState%20shifts%20position%20on%20COVID-19%20and%20absentee%20voting%20in%20arguments%20before%20Tennessee%20Supreme%20Court%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113594&action=edit>
> “Dark money and PAC’s coordinated ‘reopen’ push are behind doctors’ viral
> hydroxychloroquine video” <https://electionlawblog.org/?p=113592>
>
> Posted on July 31, 2020 6:00 am <https://electionlawblog.org/?p=113592> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> From NBC news
> <https://www.nbcnews.com/tech/social-media/dark-money-pac-s-coordinated-reopen-push-are-behind-doctors-n1235100>
> :
>
> A dozen doctors delivered speeches in front of the U.S. Capitol on Monday
> to a small crowd, claiming without evidence that the coronavirus could be
> cured and that widely accepted efforts to slow its spread were unnecessary
> and dangerous.
>
> It was the latest video to go viral from apparent experts, quietly backed
> by dark money political organizations, evangelizing treatments for or
> opinions about the coronavirus that most doctors, public health officials
> and epidemiologists have roundly decried as dangerous misinformation.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113592&title=%E2%80%9CDark%20money%20and%20PAC%E2%80%99s%20coordinated%20%E2%80%98reopen%E2%80%99%20push%20are%20behind%20doctors%E2%80%99%20viral%20hydroxychloroquine%20video%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113592&action=edit>
> “Postal Service backlog sparks worries that ballot delivery could be
> delayed in November” <https://electionlawblog.org/?p=113590>
>
> Posted on July 31, 2020 4:59 am <https://electionlawblog.org/?p=113590> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> *The Washington Post’s Michelle Lee and Jacob Bogage write:
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.washingtonpost.com_politics_postal-2Dservice-2Dbacklog-2Dsparks-2Dworries-2Dthat-2Dballot-2Ddelivery-2Dcould-2Dbe-2Ddelayed-2Din-2Dnovember_2020_07_30_cb19f1f4-2Dd1d0-2D11ea-2D8d32-2D1ebf4e9d8e0d-5Fstory.html&d=DwMF-g&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=pq1r4fzJemPUA8eUwjeh5jCzdJZ7GXRt0sC4wZ2JL_s&s=n8szsvM4MHW_KXBQ1D18FVMdfuLVFxeMDqrddVjwNvo&e=>
> *
>
> The U.S. Postal Service is experiencing days-long backlogs of mail across
> the country after a top Trump donor running the agency put in place new
> procedures described as cost-cutting efforts, alarming postal workers who
> warn that the policies could undermine their ability to deliver ballots on
> time for the November election. […]
>
> *Excerpts:*
>
>    1. DeJoy, a North Carolina logistics executive who donated more than
>    $2 million to GOP political committees in the past four years, approved a
>    series of changes that took effect July 13 that the agency said were aimed
>    at cutting costs for the debt-laden mail service. They included prohibiting
>    overtime pay, shutting down sorting machines early and requiring letter
>    carriers to leave mail behind when necessary to avoid extra trips or late
>    delivery on routes.
>
>
>    1. The new policies have resulted in at least a two-day delay in
>    scattered parts of the country, even for express mail, according to
>    multiple postal workers and union leaders. Letter carriers are manually
>    sorting more mail, adding to the delivery time. Bins of mail ready for
>    delivery are sitting in post offices because of scheduling and route
>    changes. And without the ability to work overtime, workers say the logjam
>    is worsening without an end in sight.
>
>
>    1. “I’m actually terrified to see election season under the new
>    procedure,” said Lori Cash, president of the American Postal Workers Union
>    (APWU) Local 183 in Western New York.
>
>
>    1. “I vehemently weighed in that this is wrong,” said Mark
>    Dimondstein, president of APWU, which represents more than 200,000 postal
>    employees and retirees. “It’s wrong for the people of the country, it’s
>    wrong for the public Postal Service. It drives away business and revenue.
>    And it’s wrong for the workers.”
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113590&title=%E2%80%9CPostal%20Service%20backlog%20sparks%20worries%20that%20ballot%20delivery%20could%20be%20delayed%20in%20November%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1> Edit
> <https://electionlawblog.org/wp-admin/post.php?post=113590&action=edit>
> “Democratic state party groups in traditional and emerging swing states
> are seeing a huge cash influx from donors looking to beat Trump”
> <https://electionlawblog.org/?p=113588>
>
> Posted on July 31, 2020 3:55 am <https://electionlawblog.org/?p=113588> by
> Richard Pildes <https://electionlawblog.org/?author=7>
>
> For those of us who believe
> <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2546042> strong
> political parties, at both the national and state level, are important for
> a strong democratic system of politics and governance, this story
> <https://www.politico.com/news/2020/07/30/dems-pour-record-cash-into-battleground-state-parties-389082>
> from Politico identifies a noteworthy development:
>
> Once ignored, underfunded and often written off, Democratic state party
> organizations are harvesting record-setting cash heading into the 2020
> election, reasserting their roles inside the Democratic infrastructure
> after suffering for years in competition with super PACs and campaigns. . .
> .
>
> State parties appear to be benefiting in part from an improved
> relationship with the Democratic National Committee leading up to this
> election and, now, a nominee who is more invested in the party apparatus
> than President Barack Obama was.
>
> “For a long time, state parties were ignored during Obama’s presidency and
> they were incredibly weak,” said former Vermont Gov. Howard Dean, who
> chaired the DNC from 2005 to 2009, and described the shift of focus from
> the DNC and state parties to Organizing for America, the Obama campaign
> apparatus. “Now, they’re not [weak], which is a combination of increased
> competency among state parties and a donor base that’s outraged by Trump.”
>
> Republicans, meanwhile, have also been building a strong in-state party
> structure for several years, investing in organizing in particular, with
> over 1,500 staffers on the ground in 23 targeted states. They’ve maintained
> more stable data-sharing relationships in recent years, an issue which has
> at times proven challenging for Democrats.
>
> [image: Share]
> <https://www.addtoany.com/share#url=https%3A%2F%2Felectionlawblog.org%2F%3Fp%3D113588&title=%E2%80%9CDemocratic%20state%20party%20groups%20in%20traditional%20and%20emerging%20swing%20states%20are%20seeing%20a%20huge%20cash%20influx%20from%20donors%20looking%20to%20beat%20Trump%E2%80%9D>
>
> Posted in Uncategorized <https://electionlawblog.org/?cat=1>
>
>
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-- 
*Margaret Groarke*
*Professor, Political Science*
*Coordinator, Community Engaged Learning*
https://jaspercommunityengagement.blogspot.com/
Bronx, NY 10471
Phone: 718-862-7943
Fax: 718-862-8044
margaret.groarke at manhattan.edu <name.name at manhattan.edu>
www.manhattan.edu
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