Signature errors could disenfranchise a record number of voters in the election

From today’s Los Angeles Times:

A record number of Americans are expected to vote by mail in the November general election because of the pandemic — and a record number may have their ballots rejected over signature issues.

In nearly 40 states, election officials check the signatures on the ballot envelopes that voters send back against the ones on file — usually from voter registration forms or motor vehicle departments. A handful of states require voters to fill out their ballot in front of a witness, who must also sign.

If a signature doesn’t appear to match, or the necessary signatures are missing, what happens next depends on the state — and even the county — a voter lives in. Some states require county election officials to give the voter a chance to verify their identity or fix a mistake; others don’t, and their ballots are tossed out.

“There are more opportunities to get tripped up and to have your ballot not counted in mail voting than in in-person voting, said Wendy Weiser, the vice president for democracy at the Brennan Center for Justice. “That said, it’s not going to happen to most people.”

Nearly 1% of absentee ballots cast — 318,000 of 33 million — were rejected in the 2016 general election, according to the U.S. Election Assistance Commission. Of those, nearly half weren’t counted because of a missing signature or a mismatch.

This election, 74 million mail ballots have already been requested by voters in 37 states and the District of Columbia, with deadlines for requesting ballots still weeks away in most states, according to a count by Michael McDonald, an elections specialist at the University of Florida, of states that have reported those data.

The risk of voter disenfranchisement has led to a flurry of legal challenges. Democrats argue there’s a larger than usual chance that valid ballots won’t count because of voter laws that haven’t adjusted to the circumstances of the pandemic. Republicans accuse Democrats of using the coronavirus crisis to rewrite election rules.

The outcome of those legal cases — over whether or not election officials need to help voters fix signature issues, how long voters have, and whether they need witness signatures — could affect thousands of ballots.

Read the complete article here.

SCOTUS clears the way for sending mail-in ballots to Montana voters

From today’s CNN News Online:

Supreme Court Justice Elena Kagan on Thursday denied a request from Republicans to block Montana Gov. Steve Bullock’s directive last month allowing counties to send mail-in ballots to all registered voters amidst the coronavirus pandemic.

Kagan, who has jurisdiction over the lower court involved in the case, turned down the request without referring the petition to her colleagues or asking the other side for its views.The suit was brought by Joe Lamm of the Ravali County Republican Central Committee as well as several voters.”

While Covid is a national tragedy, it poses no emergency,” James Bopp, a lawyer for the plaintiffs, wrote in court papers. Bopp noted that the Montana legislature already allowed any qualified voter to obtain a no-excuse absentee ballot by merely applying.

Lower courts have upheld Montana’s directive. Bullock, a Democrat, issued a similar directive in the primary, and all of the state’s counties opted to send out mail-in ballots to voters. Montana already allowed voters to request and submit absentee ballots without providing an excuse.

Bullock will appear on the ballot as a candidate for Senate in November. He is running against Republican Sen. Steve Daines in a competitive race that could help Democrats flip the Senate.

The case that Kagan acted on Thursday isn’t Montana’s only voting battle playing out in the courts. In September, a federal judge in Montana rejected the Trump campaign’s effort to stop an expansion of mail-in voting in the state after the campaign and the Republican National Committee filed suit following Bullock’s directive.

Read the complete article here.

TX governor orders only one mail ballot drop-off location allowed per county

From today’s The Hill Online:

Texas Gov. Greg Abbott (R) issued a new proclamation allowing only one mail ballot drop-off location per county.

Starting Friday, mail ballots submitted in person by eligible vote-by-mail voters must be returned to a publicly designated county voting clerk’s office, a local NBC affiliate KXAN reported.

The proclamation allows early voters only one ballot drop-off location per county, and other drop-off satellite locations will be closed.

Abbott’s proclamation will also require early voting clerks to let poll watchers monitor the locations and “observe any activity conducted at the early voting clerk’s office location related to the in-person delivery of a marked mail ballot.”

“As we work to preserve Texans’ ability to vote during the COVID-19 pandemic, we must take extra care to strengthen ballot security protocols throughout the state,” Abbott said. “These enhanced security protocols will ensure greater transparency and will help stop attempts at illegal voting.”

In Texas, mail-in voters who drop off their ballots must show a photo ID, sign a roster and deposit a sealed envelope into their designated county ballot box, the Statesman reported.

Texas Democratic Party Chair Gilberto Hinojosa blasted the move in a statement, saying, “Governor Abbott and Texas Republicans are scared.”

“Republicans are on the verge of losing, so Governor Abbott is trying to adjust the rules last minute,” Hinojosa added, saying, “Courts all over the country … have held that it is too late to change election rules.”

Read the complete article here.

GOP leaders ask U.S. Supreme Court to halt Pennsylvania voting extension

From today’s Pittsburgh Post-Gazette:

The two top Republicans in Pennsylvania’s Senate petitioned the U.S. Supreme Court on Monday to put a halt to the three-day extension for counties to receive and count mail-in ballots this November.

At issue is the Pennsylvania Supreme Court’s ruling this month that mail-in ballots postmarked by 8 p.m. on Election Day and delivered to county offices by mail during the three days following the Nov. 3 election — as long as they’re received by 5 p.m. Nov. 6 — shall be counted.

Arguing that the state Supreme Court violated federal law and the U.S. Constitution by altering the rules of the election and superseding the legislature’s authority, Republicans are asking the nation’s highest court to restore the original received-by ballot deadline — 8 p.m. on Election Day — pending the outcome of their forthcoming request for the court to review the ruling. 

Lawyers for Senate President Pro Tempore Joe Scarnati, R-Jefferson, and Majority Leader Jake Corman, R-Centre, argue that the Pennsylvania court “rewrote” the state’s law governing federal elections and violated the constitution, “sowing chaos into the electoral process mere weeks before the already intricate November General Election.”

“This is an open invitation to voters to cast their ballots after Election Day, thereby injecting chaos and the potential for gamesmanship into what was an orderly and secure schedule of clear, bright-line deadlines,” the Republicans claimed, alleging that the state ruling mandates that county elections offices count ballots “even if they lack a legible postmark or any postmark at all.”

The Senate leaders claim that if the Supreme Court doesn’t act, it will open the door for lower federal and state courts across the country to change deadlines before the election.

“Absent a stay, the machinery of the election will continue inexorably towards Election Day,” they wrote in the petition. “With each passing day, more and more voters will learn that the deadline is not Election Day — as established by statute — but three days after Election Day.”

In its Sept. 17 ruling, the Supreme Court of Pennsylvania determined that voters can’t exercise their right to vote if the deadline passes and their applications are stuck in a postal facility because of United States Postal Service delays.

Read the complete article here.

Voters need an urgent update on mail-in ballots. The media should help.

From today’s Washington Post:

For weeks, President Trump has lied about mail-in ballots. He has falsely claimed they are prone to widespread fraud despite mountains of evidence to the contrary. He has wrongly claimed they are a “scam,” while suggesting he would use their existence to dispute the presidential election results. And most worryingly, he pointed to mail-in ballots as justification for his refusal to commit to a peaceful transition of power if he loses the November election.

Trump’s critics have been right to seize upon his remarks as further evidence of his dangerously authoritarian impulses. Yet we can’t leave it at that.

In this unprecedented election, reporters, producers and editors need to go back to basics. They need to educate voters on how mail-in voting works, demonstrate why it’s not prone to fraud, as Trump wrongly claims, and explain the precise steps voters need to take to ensure that their votes are counted. In the Trump era, none of that can be taken for granted.

It’s worth noting that mail-in ballots are confusing. My absentee ballot came with eight pages of supplemental documents, including five pages of instructions on how to vote. It shouldn’t be so complicated, but it is. The free press has a duty to help make the process as simple and understandable as possible for the millions of Americans who will cast a ballot from their home this year for the first time.

The media can play a vital role in protecting democracy during this unprecedented pandemic election. Traditional coverage of the electoral horse race isn’t enough. Broadcasters and print journalists urgently need to supplement their reporting with tutorials and background on voting procedures. That could help ensure that hundreds of thousands — maybe even millions — more ballots are counted.

In Pennsylvania, for example, election officials have warned that they will reject any so-called “naked ballots” that do not arrive in a “secrecy envelope” that ensures anonymity for each vote. Some have said that up to 100,000 votes could be tossed out. That is an alarming possibility, particularly given that Pennsylvania is likely to prove pivotal in this year’s election.

Read the complete article here.

One Million Primary Ballots Were Mailed Late, Postal Service Watchdog Says

From today’s New York Times:

More than one million mail-in ballots were sent late to voters during the 2020 primary elections, an internal Postal Service audit found, underscoring deep concerns about whether the agency has the ability to process what is expected to be a major increase in mail-in votes for the presidential election in November.

In a survey of mail-in ballots sent during primaries from June 2 to Aug. 13, the agency’s inspector general found that election boards across the country had sent more than one million ballots during the final week of the election, putting those votes at “high risk” of not making it back to officials in time to be counted. Hundreds of ballots were mailed after elections were over — meaning they could not be counted — and only a small percentage used the proper tracking procedures, the audit found.

With at least three-quarters of Americans eligible to receive a ballot in the mail in 2020 — the most in history — and about 80 million mail ballots expected to flood election offices this fall amid the coronavirus pandemic, the findings raised questions about whether the Postal Service would be able to handle the crush of votes.

“While the Postal Service has made progress in preparing for the 2020 general election, there are concerns surrounding integrating stakeholder processes with Postal Service processes to help ensure the timely delivery of election and political mail,” the auditors wrote.

The audit largely blamed local elections officials for mailing the ballots at the last minute in response to requests from voters, but it noted that the Postal Service should build “strong relationships” with local elections officials to ensure that they adjust their deadlines.

The findings come at a time of heightened scrutiny of the Postal Service, as President Trump claims without evidence that voting by mail is fraudulent and Louis DeJoy, the new postmaster general and an ally of Mr. Trump’s, has made operational changes that have coincided with a slowdown in mail deliveries. The situation has prompted widespread concern among Democrats that the president is seeking to interfere with the mail to bolster his re-election chances or sow distrust about the ultimate result.

Read the complete article here.

Trump changes tune on voting by mail, urging Florida to cast ballots remotely

From today’s CBS News Online:

President Trump seemingly flipped his position on voting by mail, at least in Florida, after spending months bashing the practice as ripe for potential fraud. Florida is a key battleground state, from which the president and his press secretary, Kayleigh McEnany, have voted remotely in the past. 

“Whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure, Tried and True,” Mr. Trump wrote in a tweet. “Florida’s Voting system has been cleaned up (we defeated Democrats attempts at change), so in Florida I encourage all to request a Ballot & Vote by Mail! #MAGA”

In a press briefing minutes after that tweet, McEnany claimed the president’s position has not changed, and insisted absentee voting for a reason is different from mass mail-in voting. McEnany also said the campaign recently had a court victory in Florida regarding ballots, “so I believe that’s what he was referencing.” 

But the president’s language says “whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure…” 

Mr. Trump has railed against voting by mail in tweets and in press conferences in the last several months, insisting without evidence that such a practice opened the door for widespread fraud. Only days ago, the president tweeted the election will be “totally rigged” if mail-in voting is allowed.

“The 2020 Election will be totally rigged if Mail-In Voting is allowed to take place, & everyone knows it,” Mr. Trump tweeted last week. “So much time is taken talking about foreign influence, but the same people won’t even discuss Mail-In election corruption. Look at Patterson, N.J. 20% of vote was corrupted!”

The president’s own voter fraud commission, which disbanded in 2018, found no evidence to support claims of widespread voter fraud. 

A record number of Americans are expected to vote by mail in 2020, given the coronavirus pandemic that continues to plague the nation. Mr. Trump is trailing former Vice President Joe Biden in most credible polls. 

Read the complete article here.

Voting by Mail Is Popular. So Is the False Idea That It’s Ripe for Fraud.

From today’s New York Times:

President Trump on Thursday railed against expanding access to mail-in voting, and even floated the idea that the election could be postponed, something he has no legal authority to do.

Top Republicans were quick to dismiss the suggestion of putting off Election Day — but Democrats went further, calling it evidence that the president would stop at nothing to throw doubt on the validity of an election that he currently appears likely to lose.

At this moment of coronavirus-driven insecurity, where do Americans stand on voting by mail? And how many might be persuaded, as the president argues, that the election’s very legitimacy is in doubt?

Recent polling shows that Americans now overwhelmingly support universal access to mail-in voting. In national surveys from the past few months, all taken after Mr. Trump began attacking the idea as dangerous, upward of six in 10 respondents have said that they would favor making absentee voting universally available.

But surveys also reflect how susceptible many people’s opinions can be to misinformation, when it comes to matters of fraud and vote security. For instance, 49 percent of Americans said in an ABC News/Washington Post poll in mid-July that mail-in voting was “vulnerable to significant levels of fraud.” That lines up cleanly with a Gallup poll from April that showed 49 percent of Americans thought expanding access to mail-in ballots would increase the prevalence of voter fraud.

This despite the fact that studies have consistently proved voter fraud to be exceedingly rare — including in the five states that now conduct all their voting by mail.

Read the complete article here.

Trump threatens funds for states that make it easier to vote in pandemic

From today’s Los Angeles Times:

President Trump on Wednesday threatened to hold up federal funds for two election battleground states that are trying to make it easier and safer to vote during the coronavirus pandemic.

The president’s tweets targeting Michigan and Nevada marked an escalation in his campaign against voting by mail, a practice that he has publicly worried will lead so many people to vote that Republicans will lose in November. Even though the Centers for Disease Control and Prevention recommends mail voting as a safe option during the pandemic, Trump has opposed the spread of the practice.

Wednesday marked the first time he has tried to use federal dollars to beat it back. Trump began by targeting Michigan, with a false description of Democratic Secretary of State Jocelyn Benson’s announcement Tuesday that she would send applications for absentee ballots to every voter in the state and branding it as an invitation to voter fraud.ADVERTISING

“Michigan sends absentee ballots to 7.7 million people ahead of Primaries and the General Election,” Trump tweeted Wednesday morning, That brought strong criticism from Michigan and elsewhere, pointing out that the state was sending applications, not actual ballots.

About six hours after his original tweet, Trump corrected it to say “absentee ballot applications.” He kept the rest intact: “This was done illegally and without authorization by a rogue Secretary of State. I will ask to hold up funding to Michigan if they want to go down this Voter Fraud path!”

Trump later made a similar threat against Nevada, which has sent ballots to voters for its June 9 state primary. A federal judge recently cleared Nevada’s decision to mail ballots, which were sent by the Republican secretary of state.

Read the complete article here.