Ninth Circuit Sees No Constitutional Problem with Allowing California All Vote by Mail Elections in Some Counties but Not Others

The opinion here is no surprise and seems right given that any California voter can vote by mail if she wishes. (On when lack of uniformity across counties or voters creates constitutional problems, see my University of Chicago Legal Forum piece, When Is Uniformity of People, Not Counties, Appropriate in Election Administration? The Cases of Early and Sunday Voting.)

I’m surprised that Bush v. Gore did not make an appearance in the discussion, however, as it raised an issue of lack of uniform recount standards across counties.



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