Apr 6, 2020

Democratic Erosion during National Emergencies: Voting Rights in the United States throughout the COVID-19 Pandemic

Written by: Alexandra MorkLeilani Chew

Senators Amy Klobuchar and Ron Wyden recently proposed emergency voting reforms which would allow every U.S. state to expand the use of vote-by-mail. According to Klobuchar, these changes would help ensure that during the coronavirus pandemic, no citizen has to “‘pick between exercising their right to vote and protecting their health’” [2]. The ultimate goal of such a measure is to ensure that elections during the public health crisis remain free and fair; that is, that the playing field is level for both candidates and every citizen is given an equal chance to vote in any way that they choose [1]. Free and fair elections are an essential component of functional democracies. However, not everyone is in favor of these seemingly reasonable precautions. In reaction to the proposal, President Trump expressed on Monday, March 30 that some of the senators’ ideas were crazy, and if “‘you’d ever agreed to it, you’d never have a Republican elected in this country again’” [6]. This statement caught the attention of many informed observers, including members of the Democratic National Committee, who maintain that “‘Trump’s Monday comments showed he saw voter suppression as part of his re-election strategy’” [6]. 

Trump’s statements are also revealing of the suspicious attitude that is an inherent part of what Hofstadter calls “the paranoid style of politics” [5]. Leaders who practice the paranoid style tend to believe in the existence of hidden adversaries integrated into the population with plots to undermine progress. Trump seems to imply in his statements on Monday that the push for vote-by-mail by democratic senators is a politically motivated action to prevent the future electoral success of members of the republican party. Because the president sees the opposition party as an existential threat to democracy, he might be more inclined to resort to voter suppression and reject a national vote-by-mail under the guise of protection from voter fraud. Should Trump make this decision, his supporters are likely to stand by him regardless, because they share his paranoid viewpoint and see elections as a standoff between ultimate good and ultimate evil [5]. In this way, the president’s paranoid style makes American democracy vulnerable.

Although the president does not support the voting reforms, there are institutional checks and forms of resistance which will allow states to hold voting by mail if that idea is locally popular. In Heather Gerken’s article “We’re about to see states’ rights used defensively against Trump,” she describes the practice she has termed “uncooperative federalism” [3]. Uncooperative federalism relies on the fact that the federal government is not able to implement all of the policies it passes into law and depends on state and city governments for enforcement. However, states can force the federal government to compromise by refusing to comply, because that sort of crackdown has economic and political costs that are usually not worth it. Essentially, even if Trump refuses to sign off on a national vote-by-mail, individual states can collectively make it a reality if they coordinate and create their own regional policies. Already there are five states that conduct all their elections through the mail: Colorado, Hawaii, Oregon, Washington, and Utah; and every state has its own policies for absentee voters, who can not physically make it to the polls and so must mail in their ballots [2]. Such rights could be expanded in individual states to ensure that free and fair elections continue despite the global pandemic. 

On the other hand, these reforms, while preferable from a global health perspective, might also have some downsides; many people are concerned, for instance, by how easy it will be to accidentally leave out or miscount votes under these circumstances. Pam Fessler explains some of the reasons why this is likely to happen in the NPR article “As Coronavirus Delays Primary Season, States Weigh Expanding Absentee Voting.” Some of the main reasons absentee ballots get rejected already is due to a lack of knowledge on the voter’s part of their state’s vote-by-mail policies. For instance, some states require a witness signature on the envelope in order to verify that it should be counted. Some states will accept ballots that arrive after the deadline as long as they are post-marked for the right date, while others will not. If vote-by-mail is expanded due to COVID-19, national education campaigns for voters will be of utmost importance [2]. Whether it is by intentional voter suppression or by the accidents inevitable with the national implementation of vote-by-mail on such short notice, the COVID-19 pandemic will almost surely result in less free and fair 2020 elections in the U.S. The worst choice the United States could make at this point, however, is to refuse to even try. 

[1] Dahl, Robert. (1972). Polyarchy: Participation and Opposition. New Haven: Yale University Press.

[2] Fessler, Pam. “As Coronavirus Delays Primary Season, States Weigh Expanding Absentee Voting.” NPR, NPR, 24 Mar. 2020, www.npr.org/2020/03/24/820232540/as-coronavirus-delays-primary-season-states-weigh-expanding-absentee-voting.

[3] Gerken, Heather. “We’re about to See States’ Rights Used Defensively against Trump.” Vox, Vox, 20 Jan. 2017, www.vox.com/the-big-idea/2016/12/12/13915990/federalism-trump-progressive-uncooperative.

[4] Hinkle, Brian, and Wendy Underhill. “All-Mail Elections (AKA Vote-by-Mail).” All-Mail Elections (Aka Vote-By-Mail), NCSL, 24 Mar. 2020, www.ncsl.org/research/elections-and-campaigns/all-mail-elections.aspx.

[5] Hofstadter, Richard. “The Paranoid Style in American Politics.” Google Books, Vintage Books, 1964, books.google.com/books?

[6] Levine, Sam. “Trump Says Republicans Would ‘Never’ Be Elected Again If It Was Easier to Vote.” The Guardian, Guardian News and Media, 30 Mar. 2020, www.theguardian.com/us-news/2020/mar/30/trump-republican-party-voting-reform-coronavirus.

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2 Comments

  1. Metasebia Bazbhe

    I think you’re right in that this pandemic definitely puts a strain on free and fair elections in the United States. There are simply too many ways in which things could go wrong (whether intentionally or not) with absentee ballots. In the state of Georgia, for example, people have received ballots with the wrong return address. This, along with how Trump seems to see his re-election as his first concern over maintaining free and fair election, raises some concerns for the 2020 presidential election in November. While it is some time away, given the unpreparedness of the US and the uncertainty of how long this pandemic will last, what we see now could show some light on what we might see in November if this pandemic continues.

  2. Madison Bradford

    Most of the American population is concerned during this time, of course with a life-threatening pandemic reaching chart topping numbers as well as concerns with the presidential elections quickly coming up. It almost feels like those are the only two headlines in the news at this time. My community has made a huge effort to reduce congested grocery stores, heightened the cleaning standards, and make arrangements for those who are vulnerable to the catching the virus. I will say, vulnerable or not, all citizens are taking the precautions when it comes to traveling outside their homes. Many communities have come together to stay healthy for themselves and the sake of all others, but this seems to be disrupted when it comes to upcoming voting routines. Currently, it would best if we all take shelter and limit our outings unless necessary, but we all have the right participate in a democracy. We are a democracy and our country is ran by the people, we each have a say in who gets to represent us, what bills we want to pass, or what laws we deem as fair or unfair. It only makes sense to adapt how we are able to participate in this unpredictable time. Forcing citizens to choose between health and democracy is eroding the foundations of the United States. It is no surprise that arrangements have been made for those who are unable to travel even before the pandemic to go vote, why should it matter now? Without the people, candidates have no votes. Trump’s concern of voting-by-mail does not trump the concern of an individual’s health. Although technical difficulty could occur, we have overcome voting faults in past elections and will innovate a safe plan to vote for those who simply want to practice their rights, who knows how long this will last. A plan needs to be developed, and who knows, a pandemic may interrupt future elections but we all should still be allowed to vote. His concerns are minute and irrational. By not passing the effort of voting-by-mail, Americans will be stripped of participating in their democracy. This is most certainly one of the biggest concerns we are faced with during this pandemic, the fact of fighting a deadly virus along with effort to keep democracy alive. This blog has been an interesting piece to read and helps shed light on tensions we are facing in the political realm. Everyone wants to know how we are going to vote while living the new reality of a pandemic. Thank you Leilani!

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