Tuesday, April 7, 2020

Voting in the Time of COVID-19

 The State of Wisconsin is trying to run an election at the same time as a pandemic that requires social distancing to stop the spread of the virus. The difficulty of running an election with social distancing is beyond possible. The election offices have had a huge number of absentee ballot requests as voters try to social distance and poll workers decline to expose themselves to virus pathways.

The State of Wisconsin's attempt to modify the election process by having greater flexibility with  absentee ballots be sent out, received and returned during a pandemic was over ruled by a 5-4 Supreme Court descion https://www.supremecourt.gov/opinions/19pdf/19a1016_o759.pdf.

The majority opinion reference COVID-19 one time near the end

"The Court’s decision on the narrow question before the Court should not be viewed as expressing an opinion on the broader question of whether to hold the election, or whether other reforms or modifications in election procedures in light of COVID–19 are appropriate".

While the majority argues this is case was a narrow question, I suspect all " other reforms or modifications" would also be ruled on in a narrow manner. Further, while the majority mentions COVID-19 once, the ruling was otherwise oblivious to the consequence of the pandemic and alterations that must be done to stop the spread of the virus.

During the time of COVID-19 Washington State can be grateful that we have vote by mail (You can also simply drop your ballot off at ballot drop off stations). It is a much safer approach. 

In a different era (the early 2000s), I was on a county council that looked at our various voting options under new federal law passed after the 2000 presidential election. The new law eliminated punch card voting. Our County Auditor brought forward a preferred option - vote by mail.

The alternatives were far more expensive - costs of new voting machines, cost of software associated with new machines, cost of storing the machines and the costs of simply running polling stations all over a sprawling county with a city, small cities and low density farming and forest communities including parts of the county that required leaving the county to get to (Newhalem) or leaving the country (Point Roberts). The cost disparity was so great that the choice of vote-by-mail was by far the superior approach.

As I recall we were the second county to follow this route and now the entire state votes this way. Yes, we have to wait a bit to know election results. Election night, early returned ballots that have been processed (signatures verified) are counted. All ballots post marked election day or earlier are counted. In close elections it may be about a week before the final result is known, but it is now simply part of how elections go in Washington State. No more staying up late while exhausted election workers process ballots being delivered from the far reaches of the county.

Alas changing to vote-by-mail is politically fraught elsewhere in the Country with the debate having more to do with political power than voting efficiency and fairness. The very fact that the voting issue in Wisconsin ended up in the Supreme Court suggests as much as well.   

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