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

Wed Mar 18 05:05:25 PDT 2020

I'm thankful, too, David, for that thoughtful piece, which reflects what
others (including Rick (and Rick)) are telling me, too.  And I agree:  By
all means, states should be able to keep polling places open, too, if
public health conditions permit.

But if, as you and others propose, it would be feasible and imperative for
Congress to require states to provide mail-in ballots to anyone who *requests
*them--ballots that could be either mailed back or delivered to an election
site on November 3--then why would it be so much more infeasible to simply
require states to *automatically *send such ballots to every eligible
voter?  That is to say:  What's the great advantage in requiring
voters to *request
*a mail-in ballot?  (Push/pull, etc.)

Sorry if I'm missing something obvious here.

On Wed, Mar 18, 2020 at 8:01 AM Pildes, Rick <rick.pildes at nyu.edu> wrote:

> 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
>
> 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> *On
> Behalf Of *Marty Lederman
> *Sent:* Wednesday, March 18, 2020 7:47 AM
> *To:* Rick Hasen <rhasen at law.uci.edu>; Election Law Listserv <
> 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
>
>
>

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