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Voting During a Pandemic: Coronavirus and the Ballot Box

April 8, 2020
by
Bloomberg Law
YouTube video player
Voting During a Pandemic: Coronavirus and the Ballot Box

TL;DR

With the coronavirus crisis and closed voting locations, the upcoming presidential election raises questions about how to ensure safe and accessible voting. One proposed solution is conducting the entire 2020 election by mail.

Transcript

long lines crowded rooms tolling places aren't exactly ideal locations for social distancing but with an election looming and no end in sight to the coronavirus crisis it's time to start asking how do we vote when the places where we vote are closed this presidential election is going to be unlike any other ever held in American history how does Am... Read More

Key Insights

  • 🤨 The closure of voting locations due to the pandemic raises concerns about ensuring a safe and accessible election.
  • 📏 Postponing or canceling the election would require changes to the Constitution and challenges regarding succession rules.
  • 💌 Conducting the entire election by mail is a proposed solution, although political resistance and logistical challenges exist.
  • 🤣 Vote-by-mail systems require extensive preparation, including printing ballots, infrastructure, signature verification, and accurate voter rolls.
  • 📦 The $400 million election preparedness grants in the recent stimulus package may not be sufficient, and states have discretion in spending the funds.
  • 💌 The transition to mail-in voting would require additional employees, equipment, and public education to inform voters of alternative voting methods.
  • 🛀 Elections have been conducted during previous crises, showing that with preparation and coordination, the 2020 election can proceed.

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Questions & Answers

Q: Can the election be postponed or canceled?

The Constitution grants Congress the power to set the election date, making it unlikely that a presidential order could change it. However, if no presidential elector is chosen by January, the rules of succession will come into play.

Q: What happens to states that still need to choose their presidential nominee and congressional candidates?

If social distancing remains in effect, states may face challenges in holding elections. While emergency powers can delay primaries, canceling them would require changes in state statutes.

Q: How do we ensure a free, fair, and safe election by November?

One proposal is conducting the entire election by mail. However, lacking a requirement in the recent stimulus bill for no excuse absentee balloting, its implementation faces political resistance and logistic challenges.

Q: What are the obstacles to implementing mail-in voting?

Mail-in voting requires printing and proofreading a large number of ballots, checking signatures, and maintaining accurate voter rolls. Funding and infrastructure are significant hurdles, despite the $400 million provided by Congress.

Summary & Key Takeaways

  • The closure of voting places due to the pandemic has raised concerns about how to ensure a safe and fair election.

  • Questions arise around the possibility of postponing or canceling the election, as well as the impact on states still holding primaries.

  • One solution proposed is conducting the entire election by mail, although obstacles such as infrastructure, funding, and political resistance need to be addressed.


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