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

[Marty Lederman]

Sorry, here's the link to the K-W 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>
again.

On Fri, Mar 20, 2020 at 12:24 PM Marty Lederman <
Martin.Lederman at law.georgetown.edu> wrote:

> 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
>>>
>>

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