[EL] Challenges to implementing "universal vote by mail" and limiting in person voting by November

[Pildes, Rick]

David,
Having just read your piece, I wanted to say thanks for bringing well-informed, realistic, and calm thought to these issues.  That’s what we need, not panicked overreactions that risk creating the destabilization of the election system that we are trying to avoid.


Best,
Rick

Richard H. Pildes
Sudler Family Professor of Constitutional Law
NYU School of Law
40 Washington Square So.
NYC, NY 10014
212 998-6377



From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David Becker
Sent: Wednesday, March 18, 2020 7:55 AM
To: Marty Lederman <Martin.Lederman at law.georgetown.edu>; Rick Hasen <rhasen at law.uci.edu>; Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] Challenges to implementing "universal vote by mail" and limiting in person voting by November

My op-ed in today’s Washington Post may answer some of Marty’s questions.

https://www.washingtonpost.com/opinions/2020/03/18/mail-in-ballots-avoid-coronavirus-yes-heres-how-minimize-chaos-unfairness/<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.washingtonpost.com_opinions_2020_03_18_mail-2Din-2Dballots-2Davoid-2Dcoronavirus-2Dyes-2Dheres-2Dhow-2Dminimize-2Dchaos-2Dunfairness_&d=DwMGaQ&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=zdZqjXQuxQ1lwRr0UiepqKuWhxXD8g8tTBwAnD2kGhI&s=4fUFbt8ewww_lQrEfSzhO8aIjcj2JFKb1q16oSugiek&e=>

In short, we definitely need to expand the availability of vote by mail nationwide, eliminating restrictions where they exist (~14 states) and more widely encouraging and promoting vote by mail. But there are a lot of moving parts to moving to “only mail” elections, and states where it’s working have taken years/decades to get there. If we limit in-person voting options too aggressively, we could disenfranchise many (disproportionately affecting minority voters) and add unnecessarily to the chaos.

David J. Becker | Executive Director and Founder
Center for Election Innovation & Research
1120 Connecticut Avenue NW, Suite 1040, Washington, DC  20036
(202) 550-3470 (mobile) | dbecker at electioninnovation.org<mailto:dbecker at electioninnovation.org>
www.electioninnovation.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.electioninnovation.org_&d=DwMGaQ&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=zdZqjXQuxQ1lwRr0UiepqKuWhxXD8g8tTBwAnD2kGhI&s=jDqiM6V_X2tjfwoCA1Qi73XZWklt55EcfokjaGlrChc&e=> | @beckerdavidj

From: Law-election <law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu>> On Behalf Of Marty Lederman
Sent: Wednesday, March 18, 2020 7:47 AM
To: Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>>; Election Law Listserv <law-election at uci.edu<mailto:law-election at uci.edu>>
Subject: [EL] Anyone have a link to the Klobuchar/Wyden bill? [National Voting-by-Mail, etc.]

They announced the Natural Disaster and Emergency Ballot Act last Friday<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.klobuchar.senate.gov_public_index.cfm_2020_3_with-2Dunprecedented-2Ddisruptions-2Dexpected-2Dfrom-2Dcoronavirus-2Dklobuchar-2Dand-2Dwyden-2Dintroduce-2Dbill-2Dto-2Densure-2Damericans-2Dare-2Dstill-2Dable-2Dto-2Dvote&d=DwMGaQ&c=slrrB7dE8n7gBJbeO0g-IQ&r=v3oz9bpMizgP1T8KwLv3YT-_iypxaOkdtbkRAclgHRk&m=zdZqjXQuxQ1lwRr0UiepqKuWhxXD8g8tTBwAnD2kGhI&s=Slao2BNQRR6o0t_CUcjXnKMMaX2tWE79ZV3Cy7oMfA8&e=>, but I haven't been able to find any bill language anywhere, and Congress.com doesn't show it as having yet been introduced.

Does the summary description sound promising?  Sufficient?

If anyone finds the language, please send along, thanks.

FWIW, I'm inclined to think that Congress should simply require states to adopt the Oregon method before November, to wit:

County clerks mail official ballots to all registered voters between Oct. 14-20.  Voters can mail the ballots back or deposit them at a central location (a "polling" place) at any time between when they receive them and election day (but they must be received by election day).  And if a ballot mailed to a voter is destroyed, spoiled, lost, or never received, the voter may request and easily obtain a replacement ballot.

Several of you who support widespread VbM and who know much more about such things than I do have cautioned me offline that it'd be difficult/hazardous to impose such a requirement nationwide for this year's general election (even if it's an ideal solution for future elections).  I remain puzzled about why all states couldn't implement it if they began doing so now--why it's not an easier lift than a bunch of other emergency initiatives that are occurring as we speak--but I'm duly chastened by the skepticism of those of you who are more in-the-know.


--
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937

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