“Imagine this election night scenario: With a decisive number of mail ballots yet to be tallied, President Donald Trump enjoys a narrow lead over Joe Biden. But before all the votes can be counted — a process that could take days — Trump declares victory, citing purported irregularities with mail-in votes.
You can even picture Trump insisting that the preliminary election night tally must stand as final with a tweet that reads similarly to this one he posted in November 2018, when Florida’s US Senate and gubernatorial elections were still undecided: “The Florida Election should be called in favor of Rick Scott and Ron DeSantis in that large numbers of new ballots showed up out of nowhere, and many ballots are missing or forged. An honest vote count is no longer possible-ballots massively infected. Must go with Election Night!””
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““You know, you could have a case where this election won’t be decided on the evening of November 3,” Trump told Axios’s Jonathan Swan in an interview that aired on HBO last week. Asked why that’s a problem — after all, there’s no rule that elections have to be decided on election night — Trump said, “lots of things will happen during that period of time; especially when you have tight margins, lots of things going to happen.”
Then, during a media availability on Sunday, Trump claimed that Democrats are using mail ballots to try and “steal an election.””
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“”None of the five states that hold their elections primarily by mail has had any voter fraud scandals since making that change. As the New York Times editorial board notes, “states that use vote-by-mail have encountered essentially zero fraud: Oregon, the pioneer in this area, has sent out more than 100 million mail-in ballots since 2000, and has documented only about a dozen cases of proven fraud.” Rounded to the seventh decimal point, that’s 0.0000001 percent of all votes cast. An exhaustive investigative journalism analysis of all known voter fraud cases identified only 491 cases of absentee ballot fraud from 2000 to 2012. As election law professor Richard L. Hasen notes, during that period “literally billions of votes were cast.” While mail ballots are more susceptible to fraud than in-person voting, it is still more likely for an American to be struck by lightning than to commit mail voting fraud.””
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“Trump has repeatedly cited episodes of attempted fraud on behalf of Republican Mark Harris in a North Carolina congressional race in 2018 and more recently in New Jersey as evidence there’s good reason to be worried. But as Berman explained to me, there’s an irony in Trump citing instances where attempted fraud was detected and ultimately unsuccessful.”
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“According to Emerson College polling conducted late last month, a whopping 76 percent of voters who plan to vote by mail plan to vote for Joe Biden. By contrast, 65 percent of those planning to vote in person say they’ll vote for Trump.”
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“A normal politician’s response to those numbers might be to work harder to appeal to voters who plan to vote by mail. Trump, however, is no normal politician.”
“After months of casting suspicion on the whole concept of mail-in voting, the president is suddenly behind it… for states where he has a stronghold. “In Florida I encourage all to request a Ballot & Vote by Mail!” Donald Trump tweeted on Tuesday afternoon. “Whether you call it Vote by Mail or Absentee Voting, in Florida the election system is Safe and Secure, Tried and True,” the president opined on social media.
Meanwhile, his campaign is suing to stop the state of Nevada from expanding its mail-in voting protocol.”
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“Nevada went for Clinton in 2016, and Florida went for Trump, so that might be one clue. The president has also criticized the prospect of expanding mail-in ballot access in California, a reliably blue state.”
“The overwhelming majority of states allow any lawful voter to obtain an absentee ballot without having to justify their request. Texas, by contrast, allows only a minority of voters to obtain one. One provision of state law allows elderly voters to vote absentee. Another permits absentee ballots if a voter will be away from their home county on Election Day. A third provides that “a qualified voter is eligible for early voting by mail if the voter has a sickness or physical condition that prevents the voter from appearing at the polling place on Election Day without a likelihood of needing personal assistance or of injuring the voter’s health” — a requirement that, according to the state Supreme Court’s decision in Texas, applies only to people who are ill or disabled.
Civil rights groups and the state Democratic Party argued that this third provision should be broadly interpreted to allow anyone who could become infected with the coronavirus to vote absentee. The words “physical condition,” they argued, includes the physical condition of being susceptible to a deadly pandemic disease. In other words, during a pandemic that requires social distancing to control the spread of said disease, nearly everyone has a “physical condition” that should enable them to vote absentee.
In recent elections, older voters have tended to prefer Republican candidates over Democrats. Texas Attorney General Ken Paxton, a Republican, objected to the broader interpretation of the law. At one point, his office even threatened to bring criminal prosecutions against any organization that encourages younger voters to request an absentee ballot. The state Supreme Court’s nine Republican justices ultimately sided with Paxton, although two of the nine did so for different reasons.
The court’s decision in Texas will not be the last word on whether younger Texans may vote absentee in November. In a separate Texas lawsuit, a federal trial judge ruled last week that the state cannot discriminate against younger voters. Among other things, he determined that the Texas law violates the 26th Amendment, which permits all otherwise eligible voters over the age of 18 to cast a ballot.
But the federal decision has been appealed to the notoriously conservative US Court of Appeals for the Fifth Circuit and may ultimately be heard by a US Supreme Court that is frequently hostile to claims of voter suppression. So it is far from clear that younger Texans will be allowed to vote absentee.”
“Since Trump himself voted by absentee ballot in Florida’s presidential primary two months ago, you might wonder why he wants to deny Michigan and Nevada voters the same opportunity, especially at a time when COVID-19 fears might make people reluctant to gather at polling places. And why those states specifically, when five states (Colorado, Hawaii, Oregon, Utah, and Washington) conduct elections almost entirely by mail, while 28 others require no special justification for absentee voting? You also might wonder why Trump views voting by mail in those states as illegal, cheating, or a form of voter fraud. In any case, why does Trump think he has the authority to punish states for election procedures he does not like by withholding federal funding?”
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“Are Democrats more likely to vote by mail than Republicans? Trump certainly seems to think so. In a March 30 interview on Fox News, he criticized COVID-19 legislation proposed by House Democrats that would have required states to allow “no excuse” absentee ballot applications and, if an election is held during a national emergency, to send every registered voter a mail-in ballot. “The things they had in there were crazy,” Trump said. “They had things—levels of voting that, if you ever agreed to it, you’d never have a Republican elected in this country again.”
Notwithstanding that dire prediction, the evidence concerning the partisan impact of voting by mail is mixed. Pantheon Analytics found that switching to mail-in ballots in Colorado gave a slight advantage to Republican candidates in 2014, while that change in Utah gave a slight advantage to Democrats in 2016. In both cases, voting by mail increased participation in the election, as you would expect. But contrary to the fears often expressed by Republican politicians, that turnout boost does not seem to consistently favor Democrats. In 2016, for instance, 15.5 percent of registered Republicans who voted in North Carolina used mail-in ballots, compared to 8.8 percent of registered Democrats.”
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“What about Trump’s claim that absentee ballots enable voter fraud? The issue is a personal obsession for Trump, who implausibly blamed massive fraud for costing him his rightful popular-vote victory in 2016. Even if we charitably treat that concern as distinct from the unsubstantiated fear that mail-in ballots favor Democrats, there is little evidence that voter fraud is a substantial problem, regardless of how people cast their ballots.
While it’s true that voting by mail is especially vulnerable to fraud, such incidents are still highly unusual. “Election fraud in the United States is very rare, but the most common type of such fraud in the United States involves absentee ballots,” Rick Hasen, an election expert at the University of California, Irvine, law school, told the Times in April. “Sensible rules for handling of absentee ballots make sense, not only to minimize the risk of ballot tampering but to ensure that voters cast valid ballots.” The five states where voting by mail is the norm “report very little fraud,” the Times notes.”