Things You Think Are Illegal But Arent – Political backlash against the law, mostly from Republican-controlled states, seems to have overshadowed its content.
A female suffragist dressed as “Madame Liberty” attends the Voting Rights Parade in McPherson Square on August 28, 2021, in Washington, DC. | Alex Wong/Getty Images
Things You Think Are Illegal But Arent
Sarah Isgur is a fifth-year graduate of Harvard Law School. She served as a Justice Department spokesperson during the Trump administration and received legal advice from she.
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Last month, Texas held its first primary since passing a controversial, restrictive voting law last year. Initial reports suggested that tens of thousands of absentee ballots — 30 percent in the state’s most populous counties — were rejected because of the new identity law. But the result was more of a mixed bag. At least 18,000,000 postal ballots were rejected—about half the feared rejection rate. Yet 2.9 million Texans voted in the primary—a double-digit increase from 2018.
What did the republicans do? They say experience in Texas and 18 other states—both Republicans and Democrats, but most led by Republicans—that passed new voting restrictions after the 2020 election will show turnout to be higher when voters believe the election was fair. Some Republicans argue that these laws are necessary to ensure that electoral issues can be voted on, saying voters have lost faith in our elections. Others disagree with the extreme fraud, but believe that Democratic state and local leaders changed their voting rules during the pandemic not to protect people from Covid-19, but actually to give Democrats a party advantage in the polls.
Meanwhile, progressives say the way to increase voter turnout is to make it easier to vote, and that Texas voter turnout is happening despite and not because of the new electoral law. . On resurrecting the dark history of elections and the nation’s discriminatory voting laws. In January, President Joe Biden called the effort “Jim Crow 2.0” and said the country needed voting rights laws to prevent states from violating civil rights.
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So how bad – or good are these laws? The political backlash against these laws seems to have overshadowed their content. Of course, the Republicans’ widespread voter fraud case does not exist. But Democrats’ assertion that today’s voting bans are the kind that existed before the civil rights movement is also untrue. Also, the evidence shows that restrictive (or permissive) voting rules have less of an impact on results than either side would like to think.
Let’s take a closer look at what some of these laws do. The Brennan Center, a progressive public policy group, published a comprehensive report on the recently voted legislation. According to the report, Georgia “limits early voting days or times.” A study of state laws will reveal the problem and its features. Georgia’s new law mandates 17 days of early voting, including at least one Saturday, and opening during “normal business hours”, which the state defines as a minimum of 9am-5pm. But the Brennan Center didn’t mention Massachusetts, which only had 11 days of early voting during “regular business hours”, which it didn’t specify. As early as 2019, New York’s Democratic governor, Andrew Cuomo, signed a new voting law aimed at facilitating elections, requiring nine days of early voting but also requiring the polls to remain open from 6:00 p.m. to 9:00 p.m. mandates only 14 days of early voting by the president, but these days it requires the polls to be open for 10 hours.
And so we are faced with part of the problem trying to tackle any electoral regulation alone. Georgia, unlike Minnesota, has automatic voter registration, and unlike Massachusetts, New York, Connecticut, and Delaware, a voter does not need a reason to vote by mail. But Georgia, unlike all states, also requires absentee voters to include a state-issued identification number.
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So is it easier or harder to vote for absenteeism in Georgia than it is in New York? New York’s extended early voting hours make it really easy for someone with a 9-5 job to vote early. But Georgia’s long early voting season can be great for those who are engaged or parents who are taking their kids out after school sports.
According to the Brennan Center, four states—Georgia, Texas, Iowa, and Kansas—have “eliminated or reduced the mailing of unsolicited ballots.” On closer inspection, however, Georgia required third-party groups to tell voters the petitions sent by the government, and prohibited them from sending petitions to anyone demanding the same; Texas prohibits public employees from posting unsolicited offers, but allows candidates or political parties to do so; Iowa said the electoral commissioner cannot submit unsolicited applications unless approved by the legislature because of a public health issue, but other groups may still be accepted; and Kansas demanded that the sending organization of the unsolicited application put its own name on it and claims that the application was not submitted by the government. Therefore, no one has eliminated the sending of unsolicited requests, and the main limitation of the problem seems to be the correct interpretation of incoming requests by third parties.
Additionally, Brennan chose Central Florida because it forbids anyone from spamming voters. But there are only seven states that send ballots to every registered person—and that’s because those states do all their voting by mail (Colorado, California, Hawaii, Nevada, Utah, Oregon, and Washington). So Florida isn’t in line with many states, both Democratic and Republican-led.
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The Brennan Center also identifies eight lists that “reduce support [for] the return of mailed ballots.” This is called balloting, and currently only 14 states allow a person to collect a minimum number of absentee ballots. States like Massachusetts, Minnesota, and Michigan all have such restrictions. . only family members and voters vote according to their preferences.
Now there are other changes in the state that make voting difficult. In four states, there are limited places where voters can leave absentee ballots if they don’t want to send them by mail. In the past, if voters in Iowa filed their absentee ballot applications 120 days before the official processing date, they could still apply. Then, if there is more than 70 days before the window opens, a note is sent back to the app explaining when it can be sent. Harris County, Texas has rejected hundreds of absentee ballot applicants as voters now need to add their previous state identification number to vote. These people will still vote in person, of course, but whatever makes voting easier and less visible.
On balance, however, these 19 states are still closely linked to most states in the voting process. Drive-through voting or banning ballot boxes outside polling stations could be dangerous, but these options were unheard of before 2020.
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Even the most radical changes, such as stricter voter identity laws that are often criticized for targeting black or low-income voters, may not be as significant as either side would like to accept. Several academic studies have shown that such and other voting restrictions – mailbox reductions and early voting – have “little impact on voter turnout and no impact on the Democratic margin in presidential elections” in 2020. To provide another form of identification, voters were “almost zero.” On the other hand, another study found that “absent voting in some counties in last year’s election did not change turnout.”
Taken together, these findings suggest that restricting and widening voting laws does not have much of an impact on voter turnout based on electoral importance. And of course, if these rules don’t affect participation, that means:
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