Monthly Archives: November 2020

Reforming Elections

While waiting for the polls to close, now is a good time to reflect on some good concepts that are examples of things that have gone right in some areas of the country this election and others are cures to what has gone wrong so far this year in election administration.  Of course, the big problem is that our decentralized system means that we have fifty-one different sets of state laws and over 3000 local election authorities who exercise the discretion granted by those laws in very different ways.

Good Concept Number 1 — Early voting periods.  This is not a new idea, but some states and localities are still resistant to the idea.  But with the overwhelming early vote this year, the news media is light on complaints about locations where there are exceedingly long wait times.

Good Concept Number 2 — At least one day during the early voting period when there is an early voting center open for the entire day (all twenty-four hours).  While most people work jobs where being open on the weekends or during normal business hours will make it easy to vote, there are some who have weird hours and weird shifts.  Having at least one day when you can vote at all hours (as was done in Harris County) will allow these people to vote in person. Continue Reading...

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Election Night Preview — Part 7 (Referendums)

The first six posts in this series have focused mostly on federal elections with a handful of Governor’s races.  Of course, there are also state legislative races, some local (mostly county) races, and referendums.

While I am sure that somebody has a complete list of every local bond issue or city charter issue, this post will focus on the state-wide issues.  More specifically, this post will focus primarily on the changes that will make structural changes to the political system.  It’s not that votes on legalization of marijuana or changes to the criminal justice system are unimportant, it’s just that many of these referendums are the results of the failure of the elected politicians to address these issues.  and it’s the structural changes that may (or may not) make legislatures more responsive to these types of issues.

Several states are considering changes to the structure of elections  In Massachusetts, voters will have the option of following in Maine’s footsteps by adopting ranked-choice voting for most state and federal elections (except for President). Continue Reading...

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Election Night Preview — Part 6 (Aftermath)

This election may go down in history for being very, very bizarre.  Or it may lead to some necessary changes in state election law.  If Tuesday is a good night for the Democrats and Joe Biden, there will not be much to fight about starting Wednesday.  Likewise, a lot depends on what is still outstanding and remaining to be counted.  As we have noted previously, some states allow absentee ballots to be received after election day and some will not start counting the absentee ballots that have been received until election day.  The folks at 538 have done a summary of what states are likely to have almost all of the ballots counted by the end of election night and what states will still have many ballots to count.

Current polling suggests that Democrats are more likely to vote by mail and Republicans to vote in person.  As such, there are likely to be dramatic shifts in the vote as different types of ballots are counted.  This shift will matter in some of the states that will count almost all of their votes on election night, but it will matter more in the states that will be counting a significant number of votes after election night.

What happens after election night depends on where things stand at the end of the evening.  If Trump can hold some of his marginal states (Florida, Georgia, Iowa, and North Carolina), the race will come down to some late counting states.  On the other hand, if Trump is trailing in these states (and Arizona and Ohio) at the end of election day, the race is over. Continue Reading...

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