[EL] Question about mail-in ballots and VRA Section 2 analsyes

[Charles H Stewart]

Many jurisdictions use a single consolidated "absentee precincts," without distinguishing the precincts the voters live in.  Check out the North Carolina precinct returns, for instance.  In some states, they will create separate absentee precincts for a particular office, such as when more than one congressional district slices through a county, but in my experience, this is the exception, not the rule.  In doing analysis using precinct returns, you can either (1) ignore the absentee precincts or (2) use some algorithm to impute the absentee vote back into the geographic precincts.  Neither is as good as having the actual data.

Charles

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Dan Meek
Sent: Friday, May 1, 2020 3:43 PM
To: law-election at department-lists.uci.edu
Subject: Re: [EL] Question about mail-in ballots and VRA Section 2 analsyes

If a general election is conducted with mail-in ballots, it would be necessary to identify each ballot by precinct in order to know who won legislative and local government contests.  You would need to know the precinct totals in order to know who won city offices, district offices, and state legislative offices, none of which are elected "by county."

Dan Meek

503-293-9021

dan at meek.net<mailto:dan at meek.net>

855-280-0488 fax



On 5/1/2020 12:18 PM, George Korbel wrote:
In tx the dist courts have found it for exist the Court has

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From: Law-election <law-election-bounces at department-lists.uci.edu><mailto:law-election-bounces at department-lists.uci.edu> on behalf of Jeff Wice <jmwice at gmail.com><mailto:jmwice at gmail.com>
Sent: Friday, May 1, 2020 2:10:19 PM
To: Election Law Listserv <law-election at uci.edu><mailto:law-election at uci.edu>
Subject: [EL] Question about mail-in ballots and VRA Section 2 analsyes



Dr. Lisa Handley recently pointed out to me an issue related to mail-in ballots and Voting Rights Section 2 compliance. Determining if a redistricting plan complies with Section 2 of the Voting Rights Act requires a racial bloc voting analysis and this is conducted using election precinct returns and other election precinct data.

Several counties do not report (and some states do not require) mail-in ballots to be allocated back to the election precinct level but instead simply tabulate and report the votes at the county level. This would  not permit anyone to conduct a racial bloc voting analysis.

In these situations, is there any way to ensure that mail-in ballots be reported at the election precinct level as opposed to the county level?

Jeff Wice
Adjunct Professor/Senior Fellow
New York Law School
185 West Broadway
New York, NY 10013

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