The Effort to Inoculate the 2020 Election
If we accept the premise that greater citizen participation in elections moves us towards a more perfect democracy, expanding the ability for people to vote by mail should be on everyone’s to-do list, regardless of political party. This is especially true in the midst of a global pandemic.
The recently drafted 1800-page HEROES Act introduced by House Democrats is packed full of provisions and comes with a $3 trillion price tag. There’s a lot to like in the bill, much more that progressives wish was there, and plenty that Republicans will balk at, but one thing it definitely gets right is a commitment to protecting the 2020 election by preserving the right and ability to cast our votes in November.
Here’s what’s in the bill:
Provides $3.6 billion in election security funding
Eliminates 20% match and requires 50% of funding go to localities
Requires 15 days of early voting - must be at least 10 hours each day, with uniform hours, including periods of time before 9 am and after 5 pm. Must be within walking distance of a public transport stop, must provide rural options as well. People may vote with sworn written statement (rather than ID).
Absentee Vote By Mail - available to all voters, ID requirements not allowed to receive ballot (only signature), cannot require notary or witness, application by individual to absentee vote must be assumed to be a request for every election going forward, opportunity to cure any mistakes, postmark deadline of Election Day. Postage paid by government.
Mail ballots to every vote during emergency period – 2020 general election qualifies as such an election
Signature requirement - cannot make a requirement unless state meets due process requirements; if there is a mismatch there must be a good faith effort to allow voter to rectify; two trained election officials must agree to a mismatch; must provide a report to Congress
To return absentee ballots - can use drop boxes, polling places, tribal designated building, or election office. Someone can return your sealed ballot if they have not been paid. No limit on how many ballots that person can return.
Private right of action to enforce voting requirements
Online voter registration – required in all states
Same Day Registration - required in all states
Tribal lands - Tribes may designate a building as a ballot pick up spot at no cost to themselves, States cannot require residential address for mail in ballots, ballot pick up building may serve as address
This is good stuff.
Unfortunately, not all leaders in our democracy are actually committed to expanding democracy. And so, as Democrats have been calling for election protection and vote by mail options, many Republicans have been hard at work spreading misinformation about voting fraud. You’ll of course be unsurprised to learn that the loudest voice belongs to the president.
“Mail ballots, they cheat,” Mr. Trump said at the White House on Tuesday afternoon. “Mail ballots are very dangerous for this country because of cheaters. They go collect them. They are fraudulent in many cases. They have to vote. They should have voter ID, by the way.” (NY Times)
The incidence of voting fraud has been researched extensively and has been repeatedly found to be almost nonexistent. Even Trump’s own “Voting Integrity Commission” was forced to disband having found zero evidence of fraud. None of that has stopped Trump from repeating the claim.
Alarmingly, when Trump son-in-law and Senior Adviser, Jared Kushner, was asked by TIME Magazine about the upcoming election, he had this to say:
When asked if there was a chance the presidential election could be postponed past November 3 due to the pandemic, Kushner said that isn’t his decision. “I’m not sure I can commit one way or the other, but right now that’s the plan,” he said.
The White House and Kushner himself have since had to clarify that it’s not something actively being discussed. To be clear, though, neither Trump nor Kushner has any legal authority to change the timing of the presidential election.
Still, as the HEROES Act makes its way from the House to the Senate, the fight to ensure the ability to vote — without needless risk to health or life — is certainly going to heat up.
