The Path Toward Commonsense Election Reform by MATTHEW WEIL Every game has rules that provide guardrails to keep a constituents demand it. Recent polling has shown that 55% contest fair and to allow the better competitor to win. Rules of Republican voters still do not believe that the election was should evolve when the conditions call for it. Baseball, for legitimately decided. example, seems in constant rules flux during the offseason and While hundreds of bills have been filed in state legislatures now even during play. For a game to maintain integrity, though, to address almost every aspect of the voting process, a few the changes must not intentionally disadvantage one side or bias themes have emerged. First, legislators are doubling down on the referees. Election reform is no different. election security measures. They have proposed and enacted There is no doubt that the 2020 election saw numerous laws to require additional identification to request and return rules changes, including deep into the election season. While mail-in ballots, which have become Exhibit A for anyone a number of these changes continue looking to undermine the results of the to be controversial, these new laws, 2020 election. Whether the changes directives, and rulings were by and will yield a more secure process is large meant to address the unique debatable. circumstances of a global pandemic Second, proposed legislation that made large in-person gatherings clearly favors in-person options inadvisable. for voting, but even more heavily The changes in 2020, mostly on Election Day. In several states, to increase access to remote voting proposed legislation included curtailing options like mail-in ballots or to some of the availability of early voting. provide drop boxes for ballots as This change can be justified in some opposed to sending them through an instances where states have already overburdened United States Postal provided a significant window for this Service, were not invented in the convenience option. However, some moment. The clear trend in election of the proposals specifically targeted administration over the past two the Sunday before Election Day, which decades has been toward more voting has become almost an informal holiday by mail, which increased from 17.4% or custom for many Black voters. of ballots cast in 2008 to 25.3% of Third, legislators are making it Matthew Weil ballots cast in 2018. The sweeping easier to work the umpire. Legislators changes made in 2020 continued this are criminalizing simple errors that expansion, with 46% of ballots being occur during election administration cast by mail in the November election. The late alterations to with huge fines for election officials, States had been experimenting with who are already underpaid relative the voting process were alternative return options for several to similarly situated government unfamiliar to many cycles. The 2020 options were broadly employees. Even worse, changes to available and did not advantage one voters, which contributed who has final authority to remove party at the expense of another. local election officials from office to misinformation and The late alterations to the voting and who will certify results threaten process were unfamiliar to many voters, disinformation. to make election officials beholden which contributed to misinformation to legislators, many of whom will be and disinformation. When you don’t on the ballots in question. One doesn’t win on the merits, you move to work the umpires. Throughout have to work the umpire when the umpire reports directly to the post-election period and continuing into today with the rules- them. free “audit” in Arizona, candidates and campaigns attacked the There has been legislation enacted this year that expands election officials who count and certify the vote. access, improves security, and has bipartisan support even if It is no surprise then that legislators at the state and federal most of the focus has been on the high-profile partisan fights. level move to fix a perceived problem, especially when their In Kentucky, the Republican legislature and secretary of state 20
RIPON FORUM July 2021
