2020 Absentee/Early Voting thread

[Hnv1]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

[President Punxsutawney Phil]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Federalism is a mighty element here, especially in how we Americans run our elections. It's not even just a state-level affair, there are variances in some things on local level.
The US government could in theory federalize elements of the federal elections, such as the voter rolls, but it has no leeway whatsoever to tell states and counties they can't operate differently on elections on states and county level, except if there is a civil rights concern.
More generally, there is just one voter roll in the US. And the feds have an interest in helping ensure that civil rights are upheld. This was seen in the South in the 60s and 70s and later decades and continues in some ways and places to this day.

[Tintrlvr]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

[Hnv1]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Federalism is a mighty element here, especially in how we Americans run our elections. It's not even just a state-level affair, there are variances in some things on local level.
The US government could in theory federalize elements of the federal elections, such as the voter rolls, but it has no leeway whatsoever to tell states and counties they can't operate differently on elections on states and county level, except if there is a civil rights concern.
More generally, there is just one voter roll in the US. And the feds have an interest in helping ensure that civil rights are upheld. This was seen in the South in the 60s and 70s and later decades and continues in some ways and places to this day.

Why can't they dictate mandatory 3 weeks early voting period, ballot drop boxes adjusted to population size, etc.? it's clearly instrumental to the right to vote and equal standing. at least for federal elections. Placing the responsibility on every state's secretary of state in ensuring these standards are met otherwise making them liable

[Hnv1]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Seems like a no brainer for me and I can't see why Dem controlled congress in the past didn't do so considering they have more to gain from higher turnouts and accessibility to voting

[Brittain33]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Seems like a no brainer for me and I can't see why Dem controlled congress in the past didn't do so considering they have more to gain from higher turnouts and accessibility to voting

They'll probably pass something early in 2021, only to have the Supreme Court throw it out on a 6-3 vote in 2023 or 2024.

[President Punxsutawney Phil]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Any authority Congress would wield that massively could only apply to federal elections, not state, county, or municipality. It just wouldn't make sense to have parallel structures for different kinds of elections.

[President Punxsutawney Phil]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Federalism is a mighty element here, especially in how we Americans run our elections. It's not even just a state-level affair, there are variances in some things on local level.
The US government could in theory federalize elements of the federal elections, such as the voter rolls, but it has no leeway whatsoever to tell states and counties they can't operate differently on elections on states and county level, except if there is a civil rights concern.
More generally, there is just one voter roll in the US. And the feds have an interest in helping ensure that civil rights are upheld. This was seen in the South in the 60s and 70s and later decades and continues in some ways and places to this day.

Why can't they dictate mandatory 3 weeks early voting period, ballot drop boxes adjusted to population size, etc.? it's clearly instrumental to the right to vote and equal standing. at least for federal elections. Placing the responsibility on every state's secretary of state in ensuring these standards are met otherwise making them liable

An acute issue is over-concentration of focus on just one level of government. This would hurt separation of powers and risk laying precedent turning America into a unitary state, and it would also run afoul of the 10th amendment, a component of the Bill of Rights.

[Hnv1]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Any authority Congress would wield that massively could only apply to federal elections, not state, county, or municipality. It just wouldn't make sense to have parallel structures for different kinds of elections.

Well it could be a good starting point, and there is an argument that states can decide their procedures according to the discretion of their voters (subject to constitutional norms). But considering federal elections are about federal bodies it is both important to have clear threshold standards to ensure the equal standing of all voters in federal elections.

American law is so bizarre to me. There's almost no meaningful administrative law and constitutional law is so rag tag

[President Punxsutawney Phil]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Any authority Congress would wield that massively could only apply to federal elections, not state, county, or municipality. It just wouldn't make sense to have parallel structures for different kinds of elections.

Well it could be a good starting point, and there is an argument that states can decide their procedures according to the discretion of their voters (subject to constitutional norms). But considering federal elections are about federal bodies it is both important to have clear threshold standards to ensure the equal standing of all voters in federal elections.

American law is so bizarre to me. There's almost no meaningful administrative law and constitutional law is so rag tag

What does and doesn't make sense is something defined very frequently by one's personal definition, which in turn is heavily influenced by what one grew up with. In practice American federal elections occur with voter rolls influenced by federal (particularly civil rights) standards and legislation (such as the Motor Voter Bill of 1993), the efforts of state level officials who add and modify those, and local clerks on county level.
That's what we are used to and we don't give much thought to that because it's so engrained in our political system.
Such a system would probably be a disaster in Israel, where it'd be foreign, complex, and very confusing. Israel is a unitary state, for one, and just operates on a profoundly different model.

[wbrocks67]

It's really staggering that 2.5 million people have *already* voted in TX.

[Tintrlvr]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Any authority Congress would wield that massively could only apply to federal elections, not state, county, or municipality. It just wouldn't make sense to have parallel structures for different kinds of elections.

I agree, but if Congress did it for federal elections, the states would fall in line and just use the federal standards instead of operating their own separate systems, just like how they all hold state elections on the same date as federal elections even though nothing requires them to do so.

[wbrocks67]

Pennsylvania Dems certainly are energized:

https://twitter.com/NYTnickc/status/1317105141292609537

[President Punxsutawney Phil]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Any authority Congress would wield that massively could only apply to federal elections, not state, county, or municipality. It just wouldn't make sense to have parallel structures for different kinds of elections.

I agree, but if Congress did it for federal elections, the states would fall in line and just use the federal standards instead of operating their own separate systems.

Would depend on the political climate. Given how we are so polarized nowadays, I suspect that states safe for the out-party or controlled by it precariously would most likely buck the line and exercise their right to have different systems.

[Tintrlvr]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Seems like a no brainer for me and I can't see why Dem controlled congress in the past didn't do so considering they have more to gain from higher turnouts and accessibility to voting

It’s pretty recent that it has been the case that more accessibility clearly benefits the Democrats, and there’s the long weight of history of not doing it that would generate a lot of resistance, I think.

[BlueSwan]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Nothing legally prevents the federal government from doing so (the Constitution clearly gives Congress the ability to determine the manner of the federal elections). But Congress has historically not done so and has expressed no interest in doing so.

Seems like a no brainer for me and I can't see why Dem controlled congress in the past didn't do so considering they have more to gain from higher turnouts and accessibility to voting

Agreed. Major electoral reform has to be a priority for dems if indeed they'll control both chambers of congress and the presidency after the election. We have got to stop this blatant disregard for democracy showcased by republicans.

[Dr. Arch]

Huge vote dump from Minnesota. Almost 1,000,000 have voted and the Twin Cities are over 60% returns!

[MRS DONNA SHALALA]

At this rate, Republicans are really going to have to count on a robust Election Day turnout. Or this is just more proof that more Democrats are motivated to vote right now.

Republicans better hope their voters have a lot of patience because I'm sensing the lines on November 3 are gonna be enormous.

Wouldn't doubt a decent amount of their voters sit the election out due to not wanting to wait in line and/or disenchantment over Trump's dim chances (As if it couldn't get more 1980).

They wouldn't do this (and they shouldn't), but if Democrats wanted to play super dirty, they could close/reduce polling place access on election day in states with Dem Secs of State (under the guise of "the majority have already voted) and absolutely wreak havoc downballot. Beat the GOP at their own game.

[Holmes]

Huge vote dump from Minnesota. Almost 1,000,000 have voted and the Twin Cities are over 60% returns!

Fwiw (not much), Minnesota doesn’t distinguish between returned mail ballots and in person early votes. So I think the return percentage for counties on McDonald’s site is a little inflated.

[mijan]

Dems lead Rep by 394.3 k in early voting. Dems lead Rep by 74.7 to 17.0 in terms of percentage.
In Philadelphia 156 k people have already voted.
Allegheny 190 k
Chester 49k
Lancaster 36 k
Northhampton 36 k

[Holmes]

Dems lead Rep by 394.3 k in early voting. Dems lead Rep by 74.7 to 17.0 in terms of percentage.
In Philadelphia 156 k people have already voted.
Allegheny 190 k
Chester 49k
Lancaster 36 k
Northhampton 36 k

Some of these PA counties are taking forever to report their numbers, especially the Philly burbs. It’s annoying.

[I spent the winter writing songs about getting better]

Pardon my ignorance but are election procedures at the discretion of states according to the constitution, or more specifically, what prevents Congress from enacting legislation to standardize federal election procedures across the US to avoid all these peculiarities?

Congress actually does have wide authority to regulate voting, it just never really has. The broadest such use of this power is the Voting Rights Act.

Any bill about standardizing things like early voting times and procedures is probably DOA because some state won't like the changes and all their reps would oppose it including Democrats and getting Republicans on board would probably require things like banning ballot harvesting alienating more Democrats. Rick Scott actually just proposed a bill requiring that results be done completed counting and called in 24 hours. That sort of stuff is what Republicans would push for, Democrats would push for expansion, any type of Moderate Hero compromise won't get either.

FWIW I believe Pelosi did try to get some sort of expanded mail-in voting passed in the stimulus bill but of course Republicans got it stripped out.

[mijan]

Iowa early voting stats updated
Returned ballots
IA -1
Dem 72 k
Rep 32.4 k
Dem + 39.6 k

IA-2
Dem 69.3 k
Rep 30.6 k
Dem + 38.7 k

IA-3
Dem 68.2 k
Rep 32.3 k
Dem +35.9 k

IA-4
Dem 42.7 k
Rep 35.5 k
Dem + 7.2 k

Total
Dem 252.3 k
Rep 130.8 k
Dem + 121.5 k

Requested ballots

IA-1
Dem 104.6 k
Rep 55.2 k
Dem +49.4 k

IA-2
Dem 106 k
Rep 53.6 k
Dem + 52.4 k

IA-3
Dem 114.7k
Rep 63.9 k
Dem +50.8k


IA-4

Dem 71.9 k
Rep 69.3 k
Dem +2.6 k

Total

Dem 397.2 k
Rep 242 k
Dem +155.2 k

[Minnesota Mike]

Huge vote dump from Minnesota. Almost 1,000,000 have voted and the Twin Cities are over 60% returns!

Fwiw (not much), Minnesota doesn’t distinguish between returned mail ballots and in person early votes. So I think the return percentage for counties on McDonald’s site is a little inflated.

Technically there is no in person early voting in Minnesota. You can go to the county auditors office, fill out an application for an absentee ballot, get your ballot and fill it out and put it in the return envelopes (3 separate envelopes)  and return it directly. Would be much less hassle if you could just sign in and put your ballot in the machine but that is not how they do it.

[mijan]

Dems lead Rep by 394.3 k in early voting. Dems lead Rep by 74.7 to 17.0 in terms of percentage.
In Philadelphia 156 k people have already voted.
Allegheny 190 k
Chester 49k
Lancaster 36 k
Northhampton 36 k

Some of these PA counties are taking forever to report their numbers, especially the Philly burbs. It’s annoying.

Totally  agree with you. Bucks has 0.6 % return rate
Montgomery has 1% return rate