National Task Force on Election Crises Releases Guidance on How to Protect Elections in the Age of COVID-19

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Cross-Partisan Team of Experts Has Assembled to Help Ensure a Free and Fair 2020 Election Despite Unexpected Disruptions and Disasters, Including COVID-19 Pandemic

WASHINGTON, DC – Today, the National Task Force on Election Crises released the first of several planned guides for how to respond to potential disruptions of the 2020 general election. The COVID-19 Election Guide, available here, addresses how state and local officials can protect eligible voters’ ability to cast ballots without undue risk to their own health or to the broader community. The Task Force was formed in 2019 to be prepared to respond to a wide range of potential threats to a free and fair 2020 election in a collaborative, cross-partisan, and multidisciplinary fashion. More information about the Task Force is available here.

“In a critical election year, steps can and must be taken to ensure that the democratic process proceeds on schedule through the November election, while protecting the health of both voters and poll workers,“ said Trevor Potter, President of the nonpartisan Campaign Legal Center and a former Republican Chairman of the Federal Election Commission. “Our election processes and infrastructure will continue to be tested by the coronavirus. Policymakers and election officials must ensure that every eligible American has access to the ballot box because the essence of democracy is that every eligible voter must have the opportunity to participate. Elections have endured in other times of crisis, and they will in 2020.”

“Elections are the foundation of our democracy, but there are many ways in which regular electoral procedure could be disrupted,” said Trey Grayson, a member of the Task Force and former Secretary of State of Kentucky and former President of the National Association of Secretaries of State. “The coronavirus pandemic is a perfect example of how elections can be impacted, but it’s far from the only threat, and many election administrators are already starting from a place where they don’t have sufficient resources. We need to plan and prepare to ensure our elections are resilient.”

The COVID-19 Election Guide offers recommendations to help legislators and election officials conduct a successful 2020 general election, despite the many challenges that the coronavirus is likely to pose, with the goal of ensuring that the election is conducted on time as required by law and that public confidence in the integrity of the electoral process and the legitimacy of the outcome is preserved. Recommendations for helping to achieve these goals include:

  • Expanding no-excuse absentee vote-by-mail
  • Maximizing early voting days and hours
  • Increasing the number of polling places and other voting options
  • Proactive, transparent communication with voters

The guide also provides recommendations on the use of emergency powers by governors and other state officials to respond to the crisis. Any departure from the ordinary rules governing the electoral process, it states, should be made pursuant to state and federal law using objective criteria that guides official discretion and minimizes partisan bias.

“Our nation has overcome crises before and we will overcome this one,” said Task Force member Michael Chertoff, former U.S. Secretary of Homeland Security under President George W. Bush. “But doing so requires well thought out contingency plans, advance preparations, broad coalitions working together, and support for those on the front lines of making our elections work—election administrators, local officials, poll workers, the media, and especially the voters. I know there are so many dedicated public servants around the country already working to ensure the success of our elections and hope by joining this Task Force I can do my small part to support them.”

Task Force member Vanita Gupta, President and CEO of The Leadership Conference on Civil and Human Rights, added, “In 2020, further unexpected events are bound to take place, but the right to vote must be protected and preserved. Already, we are seeing the impact of COVID-19 on primary elections—and officials are obligated right now to take steps, like the ones outlined in our guide, to ensure the general election proceeds on schedule as required under federal law. The National Task Force on Election Crises was formed to ensure that all eligible voters are able to make their voices heard when the ballots are counted. No voter should have to choose between their health and the right to vote, and voters of color and other historically disenfranchised communities must be able to make their voices heard. The right to vote is one of our most basic rights as Americans, and it is our collective task to make sure it can be fully realized—even under the most difficult circumstances.”

“As a nation, we have a long history of unequal access to the ballot box. We have been preparing to meet voter suppression challenges for this year’s election for some time. Now we must also respond to a public health crisis and prepare for a wide range of other potential election disruptions, such as a major cyber-attack, online foreign interference or fights over contested election results,” said Task Force member Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund. “As we’ve seen with other election challenges, those who will be most impacted are voters in African American, Latino and other traditionally marginalized communities. That’s why we need to rapidly prepare at the federal, state, and local levels to protect the 2020 election. This will require a massive effort, but it’s critical to safeguard our democracy.”

For more information about the National Task Force on Election Crises, visitElectionTaskForce.org.

To read the COVID-19 Election Guide, visit ElectionTaskForce.org/news.

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Voting and Elections

Coronavirus: Protecting Voter Access and Ensuring Emergency Election Preparedness

At a Glance

In light of the global coronavirus pandemic, CLC’s efforts to expand voter access have taken on renewed urgency as national, state and local voters seek answers on how elections can proceed safely and securely.

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Voting and Elections
About This Case/Action

As public health precautions around the coronavirus pandemic continues to cause disruptions and delays to the ongoing primary elections, states must take steps now to ensure that the general election in November runs smoothly. Voters should not have to choose between public health and a functioning democracy.

The date of the general election is mandated by federal law, and the start and end dates of congressional and presidential terms are set by the Constitution. Only an Act of Congress could move the presidential general election—so we need to start preparing all the measures that will be needed to enable voters to cast their votes on or before November 3, 2020.

We Can Ensure Voting Access in November.

We can ensure a safe and accessible election on November 3, 2020 but that requires concerted action by officials at all levels of government now. Common sense electoral reforms can provide Americans with safe and easy access to the ballot even in these uncertain times.

Ensure Adequate Funding (at least $2 billion)

Federal, state, and local governments need to ensure election officials have adequate funding to implement the following policies in time for the November 2020 election. That funding must be allocated now so that election officials can begin making necessary preparations and must begin from the top with allocations from Congress. At least $2 billion in funding is necessary to safeguard our elections; that is a bargain when nothing less than our democracy is at stake. The $400 million in the phase three stimulus bill is only a down payment on this necessary funding.

Expand Voter Registration Options

Given the ongoing crisis, voters will face more difficulties registering to vote. Voter registration drives are a crucial means of voter registration for minority communities and will be eliminated or significantly curtailed during the pandemic. To alleviate these difficulties, all states should offer expanded voter registration options, including online voter registration and same-day voter registration.

Online voter registration will provide citizens with a safe and secure method to register to vote remotely. It should be available in all 50 states and territories. States must start the implementation and assessment of systems now to ensure that they are fully accessible and easy to navigate for all eligible voters. States should also extend voter registration deadlines to accommodate any unforeseen circumstances or technical difficulties.

Extend Early Voting

States should offer and expand early voting options, including at least one weekend. By spreading out in-person voting across many days—rather than a single day—we can space out voters and alleviate long lines and crowded polling locations.

Make Vote by Mail Options Available to All Voters

Expansion of vote by mail will ensure that most Americans can vote from the safety of their own homes. All voters should have the option to request a no-excuse mail-in ballot that can be returned by mail or dropped off at a secure location. Voters should be permitted to request these ballots online, by mail, or by phone, and states should provide envelopes with prepaid postage for return by mail. States should also extend the deadlines for requesting and returning mail-in ballots to accept all mail-in ballots postmarked by Election Day. States must also allow mail ballots to be dropped off at designated drop box locations and ensure those locations provide equal access for minority communities.

States must also eliminate any witness signature or notarization requirement for mail  ballots and must not reject these ballots for immaterial technical errors. If any mail ballot has a signature match issue or other technical error, states must ensure that voters receive notice and a meaningful opportunity to cure the error with options that do not require travel to a government office.

Ensure In-Person Voting Continues Safely and Equitably

As states expand options to vote by mail, they must do so in a way that does not inadvertently disenfranchise communities of voters for whom vote by mail is not a reliable option. In-person voting is necessary for many voters with disabilities, voters with language-assistance needs, and voters without reliable mail service such as Native Americans living on reservations. Moreover, many communities of color rely extensively on in-person voting. States must maintain in-person voting options for those voters.

States can prepare now to ensure safe and equitable in-person voting by recruiting a larger number of poll workers and recruiting a diverse pool of poll workers outside the demographics most at-risk of contracting coronavirus. Ensuring that there are adequate and safe polling locations—equitably distributed across communities—and confirming that those locations are equitably and properly resourced with adequate machines and staff will minimize wait times, shorten lines, and minimize the risk for both voters and poll workers.

Voter Education and Combating Misinformation

Federal, state and local governments should work to make sure the public receives up-to-date information on any changes to election procedures and expanded opportunities to access the ballot. Extensive voter education campaigns will be required to inform voters as states make the necessary changes to ensure that the November election suns smoothly.

Extensive voter education is also required to combat misinformation campaigns on social media. Foreign governments and wealthy special interests have a demonstrated history of running election ads that are deliberately misleading and intended to disrupt or discourage voting. Social media platforms need to take affirmative steps to block misuse of their systems and make sure voters know which groups are behind these ads. Congress and state legislatures must pass laws, such as the bipartisan Honest Ads Act, that give voters access to information about who is trying to influence their votes online.

Hear two local election officials explain what voters should know about voting in 2020:

CLC v. FEC (Delay Suit—Jeb Bush super PAC)

At a Glance

CLC has sued the Federal Election Commission for its more than four-year delay in enforcing a federal prohibition on candidates establishing or operating super PACs as “slush funds” for their campaigns. The lawsuit is based on a FEC complaint CLC filed asserting that the 2016 campaign of then-presidential candidate John Elias “Jeb” Bush violated this law by setting up Right to Rise Super PAC, which subsequently spent over $86 million to support his election.

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Closed
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Campaign Finance
About This Case/Action

On March 13, 2020, Campaign Legal Center (CLC) and Democracy 21 sued the Federal Election Commission (FEC) for its failure to enforce a provision of the Bipartisan Campaign Reform Act (BCRA) that prohibits federal candidates from “establishing, financing, maintaining or controlling” an entity that raises or spends unregulated funds outside of the federal contribution limits and source restrictions.

This law prevents the use of candidate-controlled super PACs as vehicles for the wholesale circumvention of the contribution limits enacted to prevent quid pro quo corruption and its appearance. When a candidate campaign illegally “outsources” its fundraising and other operations to a supposedly independent super PAC, it is often able to evade important transparency requirements as well, leaving voters in the dark about the nature of a candidate’s financial support.

Plaintiffs filed complaint with the FEC on May 27, 2015 alleging that former Florida Governor Jeb Bush had violated this BCRA provision by establishing, financing, maintaining and controlling Right to Rise Super PAC, which “act[ed] on his behalf” by raising and spending millions of dollars of unregulated money to promote his presidential campaign.

Citing news reports, the FEC complaint detailed the involvement of Bush and his close advisors in “establishing” the super PAC, noting, for example, that Bush and his associates reportedly recruited high-level staff for Right to Rise, such as installing Mike Murphy, one of Bush’s top advisers, at its helm.

The FEC administrative complaint also alleged Bush and his associates “financed” Right to Rise Super PAC, and that Bush himself, his advisors, and members of his family personally conducted fundraising for the super PAC.

Four and a half years after plaintiffs filed this administrative complaint, there is no indication that the FEC has taken any action.

This inaction has fostered a Wild West atmosphere in the financing of campaigns for federal office, allowing wealthy donors, including corporations and unions, to sidestep federal contribution limits and disclosure requirements by making unlimited contributions to super PACs established or operated by their favored federal candidates. Without enforcement of these BCRA provisions designed to prevent such circumvention of the contribution limits, the integrity of our system of representative democracy is undermined.

Plaintiffs

Campaign Legal Center and Democracy 21. 

Defendant

Federal Election Commission. 

Associated Cases & Actions

Opposing the Use of Super PACs as “Slush Funds” for Presidential Candidates — CLC v. FEC (Dismissal Suit—Jeb Bush super PAC)

Sixth Circuit Hears CLC's Arguments Against Attack on Citizen-Led Redistricting

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CINCINNATI – A panel of the U.S. Court of Appeals for the Sixth Circuit heard oral arguments today in a case that puts at risk voter-approved reforms designed to end gerrymandering in Michigan, which could impact independent redistricting commissions across the country. In the consolidated cases of Daunt v. Benson and Michigan Republican Party v. Benson, the plaintiffs are challenging the constitutionality of a citizens redistricting commission that was passed by an overwhelming majority of Michigan voters in 2018. Campaign Legal Center (CLC) is representing Voters Not Politicians, who drafted and sponsored the constitutional amendment.

“We are proud to present arguments to the court today to protect Michigan’s voter-approved Independent Citizens Redistricting Commission alongside Voters Not Politicians,” said Paul Smith, vice president of Campaign Legal Center (CLC), who gave arguments today in support of the redistricting commission. “We hope the court of appeals will reject the attempt by the plaintiffs to use the courts to thwart the will of the people. The fair maps amendment supported by 61% of Michigan voters should be upheld.”

“The Michigan Republican Party and other plaintiffs are trying to use the courts to overturn the Independent Citizens Redistricting Commission so that politicians can go back to drawing election districts that benefit themselves and political parties – not the voters,” said Nancy Wang, executive director of Voters Not Politicians. “Their claims lack merit and we look forward to an end to these wasteful lawsuits.”

Michigan’s redistricting reform amendment makes partisan politicians, lobbyists and other political insiders and their immediate family members, who are likely to have a conflict of interest in drawing district lines to benefit themselves, ineligible from serving on the commission. The individuals would, like any member of the public, have the ability to engage in redistricting by taking part in the public hearing process. The plaintiffs argue that these political insiders have a constitutional right to manipulate districts for political advantage. 

The League of Women Voters of Michigan, the Brennan Center for Justice at the New York University School of Law, Common Cause, The Leadership Now Project, Issue One, Equal Citizens Foundation, The Center For The Study Of The Presidency And Congress, and Represent Us filed amicus briefs in support of the amendment. As Common Cause details in its amicus brief, reforms in at least eight states that exclude similar categories of individuals from drawing districts could be placed in immediate legal peril if the plaintiffs prevail. 

“The plaintiffs’ baffling argument manages to defy both the will of Michigan voters and common sense while putting at risk effective measures for stopping gerrymandering that citizens have passed across the country,” said Dan Vicuna, national redistricting manager at Common Cause. “Today the judges demonstrated justifiable skepticism toward the plaintiffs’ shocking and transparently partisan view that the U.S. Constitution requires states to allow self-interested politicians and political operatives to manipulate our voting districts for political advantage.”

On November 25, U.S. District Court Judge Janet Neff rejected the plaintiffs’ requests for a preliminary injunction that would have forced the state to stop implementing the redistricting reform amendment, finding that “Plaintiffs are unlikely to prevail on the merits of their constitutional claims” and that they would not suffer any irreparable harm from the state’s efforts to establish the Commission. The November 25 ruling is the subject of plaintiffs’ appeals. The Michigan Secretary of State is underway with implementation of the Independent Citizens Redistricting Commission, and has already received 3,000 completed applications with thousands more to process.

An audio recording of oral arguments will be made available by the U.S. 6th Circuit Court of Appeals

Issues
Redistricting
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