Election Administration Posts
What Is a Delayed Election Result?
In an op-ed piece for The Washington Post Edward Foley of Ohio State University, Moritz College of Law and Joanne Lipman, former editor in chief of USA Today, rebuff the claim that there is a “delay” if presidential election results are not declared on election night.
Court Denies Republicans’ Request to Reinstate Witness Requirement for Rhode Island Absentee Ballots
On August 13, the Supreme Court refused to intervene in a dispute over absentee ballots for the upcoming elections in Rhode Island.
Direct Democracy Denied: The Right to Initiative During a Pandemic
Putting aside the Supreme Court’s controversial decision in Republican National Committee v. Democratic National Committee, the case overextending the date for receipt of absentee ballots in the April 2020 Wisconsin primary, many (although not all) courts have done a fairly good job protecting voting rights during the COVID-19 pandemic.
‘America Has to Count on More than Prayer in the Case of Close Election’
In “America Has to Count on More than Prayer in the Case of Close Election,” featured on The Hill, Edward B. Foley explores growing concerns that if the upcoming presidential election this November remains unsettled after the results are in, it inevitably will end up like 2000 or worse.
Absentee Voting Processes and the November Election
With the November election less than four months away, and the certainty that it will involve a dramatic increase in the amount of voting by mail, we recently recorded an episode of Reasonably Speaking to discuss some of the legal issues that might arise surrounding voting by mail.
Three Pathologies of American Voting Rights Illuminated by the COVID-19 Pandemic, and How to Treat and Cure Them
The COVID-19 global pandemic, which already has claimed over 100,000 lives in the United States by the end of May 2020, revealed cracks in American economic and social infrastructure. The pandemic also has revealed the inadequacy of the American political infrastructure, in particular, the lack of systematic and uniform protection of voting rights in the United States.
Accommodating a Massive Surge in Absentee Voting
This fall, most states are likely to see a massive surge in absentee voting. The significantly greater burdens absentee ballots impose on election administration, compared to in-person voting, are not widely appreciated.
Voting in a Pandemic: COVID-19 and Primary Turnout in Milwaukee, Wisconsin
This article reports on the first study of the effect of the novel coronavirus SARS-CoV-2 (COVID-19) on voting behavior.
Absentee Balloting: Preparing for the November Election
The latest episode of Reasonably Speaking brings together a panel of experts to discuss the merits and shortcomings of current vote-by-mail processes, including what went wrong in the primaries, and how the upcoming presidential election will likely face similar challenges unless changes are made.
How Will COVID-19 Affect the Election? Buckle Up, Say Berkeley Law Experts
In “Berkeley Conversations: COVID-19,” Berkeley Law Dean Erwin Chemerinsky and Professor Bertrall Ross share their thoughts on how the current crisis may impact the upcoming election.