Opinion: There’s a fairly straightforward way Wisconsin could have avoided its mess on election day — and the rest of the country could do so in the fall
Edward B. Foley directs the Election Law program at the Ohio State University’s Moritz College of Law, where he also holds the Ebersold Chair in constitutional law.
Unfortunately, the November elections are at risk of looking similar. With coronavirus likely to remain a threat for months, some form of voting by mail, including in states historically unfamiliar with high rates of absentee voting, will be a public health necessity. But one issue with mail-in ballots, whether a state uses them just for absentee voters or for the entire election, is that they need to be postmarked or delivered to a polling station no later than Election Day.
For this idea to be acceptable on both sides of the aisle, it must be carefully circumscribed. First, it should be available only to those voters who do not receive regular ballots that were requested on time, not to any voter who belatedly wants to cast an absentee ballot. Second, to attract broader support, the measure could be limited to just the November 2020 election, even if in principle it might be applicable to future emergencies.
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