[EL] Quick answer appreciated: Mailing absentee ballot requests to all registered voters vs. Mailing vote-by-mail ballots to all registered voters

[Rick Hasen]

Our committee report did not take a position on this point. https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf


I wrote in favor of absentee ballot applications over sending absentee ballots here:
https://www.washingtonpost.com/opinions/2020/04/09/trump-is-wrong-about-dangers-absentee-ballots/

“Next, states should send an application for an absentee ballot to every voter listed on voting rolls. They should not send the ballot itself until a voter requests one, since voting rolls in many states unfortunately are not accurate enough. Voters should also be allowed to request absentee ballots online.”

However, I am now no longer certain that this is the right position in light of evidence in Wisconsin, Ohio, and now Pennsylvania that election officials cannot keep up with the demand for absentee ballots and the reality that many voters will not get their ballots in time and will be disenfranchised.  The question is which is the greater risk.

From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Mark Scarberry <mark.scarberry at pepperdine.edu>
Date: Wednesday, May 27, 2020 at 9:29 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] Quick answer appreciated: Mailing absentee ballot requests to all registered voters vs. Mailing vote-by-mail ballots to all registered voters

California Gov. Newsom has ordered that actual ballots be mailed to all registered voters. If I recall correctly, a lot of list members who often disagree on absentee ballot issues agree that it is not wise to mail actual ballots to every registered voter.

Am I right? I think I recall Rick (Hasen) agreeing on that point, but I can't find the email or source. Didn't an earlier election integrity commission recommend against mailing actual ballots?

Sorry for the senior moment here.

I have a media request and don't want to get this wrong. I won't use anyone's name unless you give me permission or unless I"m pointed to something you've written about publicly (not just on this list -- I don't refer to anything anyone has said on an Internet list using their name)..

Mark


[Pepperdine wordmark]
Caruso School of Law

Mark S. Scarberry
Professor of Law
mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>


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