“Looking for ‘A Few Good Clerks’”

New memo from the Justice Foundation for Civil and Environmental Rights:

During the coronavirus pandemic, defending the fundamental right to vote may require the brave actions of “A Few Good Clerks.”

The push toward mail balloting for the November election has focused on the potential power of governors to issue emergency orders. But a review of every state election law finds that county clerks in half of the states are not expressly prohibited from themselves deciding to issue mail ballots to every registered voter. If a few brave county clerks in critical states announce plans to issue mail ballots to every registered voter, other clerks and states will follow, potentially creating a wave. The actions of those county clerks likely will be reviewed in court prior to the election. This memo outlines the legal arguments they and voting rights advocates may present.

Sending mail ballots to registered voters by default is not politically viable in many states. Therefore, the second half of this memo outlines the emergency powers of governors to open polling places earlier than their state law allows. While all but seven states have some form of early voting, many of those statutory time periods are 10 to 15 days — and for one state as short as three days. To create the social and physical distancing required to limit spread of the coronavirus, states must open polling places at least one month before Election Day. Dispersing in-person voters across 30 days would relieve crowding at polling venues, offering voters a safe environment in which to cast their ballot. Voting advocates should push their governors to invoke their emergency powers to open polling locations by the first week of October. This memo outlines the governors’ potential powers — and limitations on those powers.

Share this: