Mail-in Voting and the 2020 US Presidential Election

The use of postal voting in next month's US presidential election is reaching unprecedented levels due to the COVID-19 pandemic, with Republicans and Democrats locked in court battles over the rules governing mail-in ballots. President Donald Trump has repeatedly accused mail-in ballots of being fraudulent, while his challenger, Joe Biden, believes they are more likely to win if voting is easier. The outcome of the election could hinge on whether mail-in ballots are counted, with battleground states like Pennsylvania and Wisconsin holding high stakes. Litigation has been intense, with Democrats pushing for changes to election procedures to maximize mail-in votes and Republicans fighting to secure tighter restrictions.

Key Takeaways:

  • The USPS has been a target of litigation, with a judge blocking the agency's attempts to make changes to its operations before the election.
  • In Pennsylvania, Democrats are suing for changes to election procedures that would allow more mail-in votes to be counted, including an extension of the deadline for mail-in ballots.
  • In Wisconsin, a circuit court ruled that ballots postmarked on November 3 would be valid if received by November 9, but the seventh Circuit Court of Appeals has stayed the changes pending an appeal.
  • Republican officials in Ohio and Texas have limited the number of drop boxes where voters can place their completed ballots, with some arguing that it is unfair to allow voters in densely populated urban areas to have more drop-off points than those in rural areas.
  • The US Supreme Court has reinstated witness signature requirements in Wisconsin and South Carolina, which have been a point of contention in the election.
  • The Court has not thrown out ballots already cast when the signature requirement was suspended.
  • A federal judge in South Carolina removed the witness signature requirement, but the US Supreme Court reinstated it.
  • In Florida, a law passed by the Republican-controlled state legislature requires ex-convicts to pay off debts before they can vote, handing back some of the impact of a 2018 referendum that granted those convicted of a crime the right to vote.

Statistics:

  • Over 100,000 votes may be at stake in the question of when the ballot receipt deadline is set in Wisconsin.
  • In 2018, Florida voters approved a referendum expanding voting rights to people convicted of a crime by a 65-35% margin.
  • The move enfranchised 1.4 million former felons in Florida.
  • The Republican-controlled Florida state legislature passed a law requiring ex-convicts to pay off debts before they could vote in 2019.

Sources:

  • "Coronavirus is driving the use of postal voting in next month's US presidential election to unprecedented levels, with Republicans and Democrats battling in court over the precise rules of how those ballots will be handled." - The Financial Times
  • "It's very possible that 100,000 or more votes may be at stake in the question of when the ballot receipt deadline is going to be set," said Larry Schwartztol, counsel at Protect Democracy, a liberal group involved in the Wisconsin litigation. - The Financial Times
  • "The capacity of the Postal Service to manage all that efficiently is a key component of the election this year," said Richard Pildes, an electoral law expert and professor at New York University. - The Financial Times