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

[larrylevine at earthlink.net]

Yes, there are challenges to implementing all or greater mail-in balloting for the November election. But if state and local officials would put aside their rivalries and desire to protect their own turf, it can be done. There are states – Washington, Oregon, California – that have the technology and experience to do this. If other state and local election officials would be willing to adopt what already is available and in use, the challenge could be met. As for longer times to count and process ballots, that seems a small price to pay for conducting the election in a way that would protect the public. And, yes, there would be a need for large-scale public information programs to acquaint voters with the reasons for this change and how they can participate. We do it for the census. We probably could do it for an election.

Larry Levine

 

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of David Becker
Sent: Wednesday, 18 March 2020 4:55 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/

 

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) |  <mailto:dbecker at electioninnovation.org> dbecker at electioninnovation.org

 <http://www.electioninnovation.org/> www.electioninnovation.org | @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://www.klobuchar.senate.gov/public/index.cfm/2020/3/with-unprecedented-disruptions-expected-from-coronavirus-klobuchar-and-wyden-introduce-bill-to-ensure-americans-are-still-able-to-vote> , 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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