[EL] Klobuchar/Wyden bill; and Persily/Stewart post

[Marty Lederman]

I hope no one minds if I "re-hijack" this thread in order to:

-- encourage reactions to the *remainder* of the K/W bill <http://v>, apart
from the "harvesting" provision;

-- to draw attention to Nate (and Charles Stewart's) terrific blogpost
<https://www.lawfareblog.com/ten-recommendations-ensure-healthy-and-trustworthy-2020-election>,
mostly about what *states *must do now;

and

-- to ask Nate and Charles, if they're "watching," what they think *Congress
*ought to do (apart from appropriating massive amounts of aid); in
particular, whether they favor K/W and/or other efforts to require states
to adopt more robust Voting-by-Mail.



On Wed, Mar 18, 2020 at 6:49 PM Marty Lederman <
Martin.Lederman at law.georgetown.edu> wrote:

> Here's the bill
> <https://www.klobuchar.senate.gov/public/_cache/files/9/1/91a07f05-b6b3-4c6e-a363-652ecbe16ac0/142B6E0F07685857CC10772388587756.natural-disaster-and-emergency-ballot-act-of-2020.pdf>.
> I'd deeply appreciate people's thoughts on its merits/possible problems.
> Thanks
>
> On Wed, Mar 18, 2020 at 7:47 AM Marty Lederman <
> Martin.Lederman at law.georgetown.edu> wrote:
>
>> 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
>>
>
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