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

[Rich,William D]

Rick,

I don’t know about Wisconsin or Pennsylvania but in Ohio the problem wasn’t so much the BOEs’ inability to keep up with the absentee ballot applications as it was the very late (noon on the third day before election day) deadline for submitting absentee ballot applications.  Our BOE and, I think, most if not all the others sent ballots out the same day (Saturday, April 25), but not all of them arrived in time for voters to fill them out and put them in the mail by Monday, April 27, which was date by which they were required to be postmarked.  Some didn’t arrive in time for the voters to return them in person on Tuesday, April 28, by 7:30 p.m.  The legislature could solve this problem by making the deadline for absentee ballot applications a few days earlier.

Bill Rich
The University of Akron School of Law and
Chairman, Summit County Board of Elections

From: Law-election <law-election-bounces at department-lists.uci.edu> on behalf of Rick Hasen <rhasen at law.uci.edu>
Date: Wednesday, May 27, 2020 at 12:35 PM
To: Mark Scarberry <mark.scarberry at pepperdine.edu>, "law-election at uci.edu" <law-election at uci.edu>
Subject: Re: [EL] Quick answer appreciated: Mailing absentee ballot requests to all registered voters vs. Mailing vote-by-mail ballots to all registered voters

CAUTION: This email originated from outside of The University of Akron.
Our committee report did not take a position on this point. https://www.law.uci.edu/faculty/full-time/hasen/2020ElectionReport.pdf<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.law.uci.edu%2Ffaculty%2Ffull-time%2Fhasen%2F2020ElectionReport.pdf&data=02%7C01%7Crich%40uakron.edu%7Cc3f696222f0045deee9d08d8025be946%7Ce8575dedd7f94ecea4aa0b32991aeedd%7C0%7C1%7C637261941073475490&sdata=3V4F7ACNlgCt%2F7UfEM%2Fy9NrnWSC0JmH4J9CgZWbVmi0%3D&reserved=0>


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/<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.washingtonpost.com%2Fopinions%2F2020%2F04%2F09%2Ftrump-is-wrong-about-dangers-absentee-ballots%2F&data=02%7C01%7Crich%40uakron.edu%7Cc3f696222f0045deee9d08d8025be946%7Ce8575dedd7f94ecea4aa0b32991aeedd%7C0%7C1%7C637261941073485488&sdata=1dhRrnsr9YrUNVb1EJL0d%2FSg8tEbLvhPQkqbjRivQGI%3D&reserved=0>

“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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