As of June 16, 2020, Virginia had 55,331 cases of Covid-19. Thankfully, the number of cases, hospitalizations and deaths are decreasing. However, we do not know whether numbers will continue to decrease or whether there will be a second wave or increase in infections later this summer and fall.
This November 3, Virginia will vote for President and all 11 Congressional seats. Senator Mark Warner is up for re-election. Three individuals will be challenging him: two independents and a Republican candidate, to be determined June 23.
In light of the possibility of Covid-19 resurging, leading to a dearth of poll workers and fearful voters, or long lines, such as in Georgia’s most recent election, Virginia should seriously consider mail-in voting for November 3.
On July 1, new election laws take effect in Virginia. Virginia, like a number of states, will no longer require voters to have an excuse to vote absentee. Voters can therefore request an absentee ballot to vote by mail this fall, up to 45 days prior to the election. However, that requires initiative on the part of the voter. In those states that have mail-in voting, states mail ballots to the voter, who then return them by mail or drop off in secure locations.
On June 15, Ohio approved a plan to send every registered voter an absentee ballot request form. Michigan Secretary of State Jocelyn Benson also intends to mail applications for absentee ballots to all voters for the November election.
Five states currently have mail-in voting: Washington, Oregon, Colorado, Utah and Hawaii. Each state determines the deadline by which ballots must be received and how they can insure a fair election. The National Conference of State Legislatures outlined the pros and cons of mail-in voting.
Benefits to mail in voting include the following: 1) voter convenience; 2) financial savings, due to not opening as many polling sites and hiring poll workers and 3) increased voter turnout. Opponents cite the following as a concern: 1) removing the tradition of voting in person; 2) a disparate effect on those who do not have street addresses, such as Native Americans; 3) security concerns; 4) a slower vote count and 5) financial considerations, which include printing ballots and purchasing scanning equipment.
Some states, such as California, Nebraska and North Dakota allow each county to choose whether they would prefer voting by mail. However, for the November 3 election, California Governor Gavin Newsom issued an Executive Order requiring each county’s elections officials to send vote-by-mail ballots to all registered voters.
A number of states allow voting by mail in special elections.The most recent elections, which had an increase in mail-in ballots, had a high increase in voters. In Northern Virginia’s most recent local elections, a substantial number of voters voted absentee. Iowa, Montana, South Dakota and New Mexico, which relied mostly on absentee or mail-in ballots in their most recent primaries, had a higher turnout of votes than they have had in the past.
One major concern opponents to mail-in voting cite is the possibility of fraud. The Brennan Center for Justice has an interesting analysis of the security measures mail by vote states take to minimize fraud in their elections. Those include the following: 1) identity verification; 2) bar codes; 3) ballot tracking through the U.S. Postal Service; 4) secure drop-off location and drop boxes; 5) harsh penalties; 6) postelection audits and 7) in-person polling sites.
States that rely on voting by mail have approached it in various ways. Aware that signatures change over the years, Hawaii mails out a signature card to all registered voters a few weeks before an election. After signing the card, voters mail back the prepaid and pre-addressed card. Hawaiian election officials then match signatures on ballots that are returned. Colorado maintains accurate mailing lists and also checks a voter’s signature.
Virginia, therefore, has a number of options. It can encourage no-excuse absentee voting, but that would require educating voters that they have that option. It can mail out absentee applications to all registered voters, like Ohio and Michigan. It can initiate mail by ballot, either by executive order, like California, or passing legislation in a special session. It can also allow each county, city or town to determine their method, depending on their capabilities and financial means.
Actions include the following:
1) Writing Governor Northam to see if he is willing to issue an Executive Order requiring that either absentee ballot applications or ballots be mailed to every registered voter in Virginia.
2) Writing Commissioner Chris Piper of the Department of Elections at info@elections.virginia.gov to determine their plan for this November. Are they willing to send all registered voters either absentee ballot applications or mail-in ballots?
3) Writing one’s state delegate and senator to see if they would support legislation at the special session held in August for mail-in voting, or the mailing of absentee ballot applications to all registered voters. State legislators can be found here.
November 3 is less than five months away. Virginia needs to prepare now to ensure that this important election is fair for all voters, particularly during the time of a pandemic. And for those who live elsewhere, check the status of your state and see what they are willing to do.