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The Canvass | August 2019

August 1, 2019

Lead Article: Mail Dispute Could Be Hurdle for Overseas Voters

It should be no surprise that mail plays an important role in elections, particularly for those living abroad. In 2016 almost 3 million voting-eligible citizens lived overseas, according to the Department of Defense's Federal Voting Assistance Program (FVAP).

Of those 3 million people, only 6.9% voted in the 2016 election (compared to 72% of the citizen voting-age population domestically). It is estimated an additional 37% of overseas civilians would have voted in 2016 if not for obstacles.

While motivation always plays a role in turnout, for these overseas voters, mail reliability, transport time and government censorship in countries where they are living are all factors. The FVAP study also found that 75% of civilian voters across the globe who requested and received their ballots via mail successfully cast their votes. Likewise, 83% of those who returned their ballots via mail were successful in voting, compared to 84% of voters who return their ballots electronically.

The Universal Postal Union (UPU) plays a key role in the ability of overseas citizens to reliably vote by mail. The UPU sets terminal dues (postal rate fees) for international mail exchange between national postal agencies and is composed of 192 member countries. That number could soon decrease by one.

On Oct. 17, 2018, President Donald Trump announced his intention to withdraw the U.S. from the UPU, citing currently favorable postal rates for small packages from foreign countries (notably China) coming to the U.S.

Although nothing is certain yet, a statement from the administration outlines the process: “This will begin a one-year withdrawal process, as set forth in the UPU Constitution. During this period, the Department of State will seek to negotiate bilateral and multilateral agreements that resolve the problems discussed in the Presidential Memorandum. If negotiations are successful, the Administration is prepared to rescind the notice of withdrawal and remain in the UPU.”

That one-year deadline is rapidly approaching. The UPU will hold an Extraordinary Congress on Sept. 24-25 to discuss the terminal dues system. That meeting could determine whether the U.S. will stay in the UPU or not. If the U.S. decides to leave, that will take place in October. It should be stressed that it is a very real possibility that the U.S. negotiations will be successful, and the country will not withdraw from the UPU.

Election administrators are concerned. Many states have elections this November and are required by state law to send ballots to overseas voters 45 days prior to an election—by Sept. 21, three days prior to the Extraordinary Congress. It is possible that after ballots have been sent to overseas voters, the landscape of international mail exchange will change. "The possible impact of the United States withdrawal from the UPU for millions of American voters overseas could be catastrophic to their ability to effectively participate in our electoral process. States need to review what options voters have if there isn't the possibility of mailing their ballot back, if the contingency plans will take longer, and how will this new process be paid for," says Tammy Patrick of the Democracy Fund.

If regular mail service is interrupted, what solutions will remain for voters to return their ballots?

Possible Remedies:

The future of the U.S.’s involvement in the UPU is not certain, nor are the full implications of a withdrawal known. Regardless, state and local election officials across the country are preparing for the worst and hoping for the best as November elections approach.

  • Bi- or Multilateral Agreements. The U.S. is working to establish bi- or multilateral agreements with other nations in the event of a U.S. withdrawal. These agreements could ensure the continuance of mail exchange for those countries.
  • Commercial Options. Think UPS or FedEx. These private, commercial options could still provide delivery of ballots to election officials, at an expense to the voter.
  • Military Mail. The U.S. Armed Forces should be able to return ballots via the U.S. Military Postal Service (MPS). The MPS operates as an extension of the USPS, provides similar services, and operates in more than 55 countries. It is possible the MPS could work around foreign postal services and provide a route for ballots to return to the U.S.
  • Diplomatic Mail. U.S. embassies and consulates have access to diplomatic mail service that could provide a workaround if regular mail service is not available. Voters would need to get their ballots to the embassy or consulate to have them included in a diplomatic mail delivery.
  • Electronic Return of Ballots. Returning voted ballots electronically—via fax, email or web portal—is often an option reserved for military and overseas voters. At least 30 states allow some voters to return their ballots via an electronic method. There are some that have argued against the use of electronically returned ballots citing security vulnerabilities.

Legislative Update

We are thrilled to profile our full election administration agenda at NCSL’s 2019 Summit in Nashville, Tenn. We are especially excited to be touring the Wilson County Election Commission’s facilities. It will be a great opportunity to learn more about how elections are run in Tennessee, see the equipment and technology they utilize and learn from local election administrator.

Monday, Aug. 5

Time: 7:45-11:30 a.m.

Optional Tour: Wilson County Election Commission

7:45 a.m.: Start loading bus at Convention Center

8:15 a.m.: Depart for Wilson County Election Commission

9 a.m.: Arrive at Wilson County Election Commission

11 a.m.: Depart Wilson County Election Commission

11:30 a.m.: Arrive back at Convention Center

If you’d like to join the tour, please email Dylan Lynch (Dylan.Lynch@ncsl.org). Space is limited to 30 attendees.

Tuesday, Aug. 6

Time: 7:30-8:45 a.m.

 

Location: Convention Center - 104 D

Ranked Choice Voting and Runoffs: Pros, Cons, Ways and Means

(Breakfast sponsored by FairVote)

Join us for breakfast as legislators debate ranked choice voting and runoff elections for general, primary and vacancy elections, and how these elections may be affected by other proposals such as open primaries and vote-by-mail elections. Bring your ideas and experience and be prepared to share.

Moderator: Senator David Blount, Mississippi

Panelist: Senator Mary Kiffmeyer, Minnesota

Panelist: Senator Cheryl Kagan, Maryland

Panelist: Representative Stephen Handy, Utah

Panelist: Chris Hughes, Ranked Choice Voting Resource Center

Time: 3:30-5 p.m.

 

Location: Convention Center - 104 ABC

Elections as Infrastructure in a Cyber World

3:30-4:30 p.m.: It's been over two years since elections have been designated as critical infrastructure. How are elections being treated as critical infrastructure? What are states doing or what can they do to support this critical component of our governance?

4:30–5 p.m.: What are post-election audits, what are RLAs, and how do you know what's best for your state? Enjoy a hands-on demonstration of an RLA using decks of cards.

Moderator: Senator Gilbert Keith-Agaran, Hawaii

Panelist: Jennifer Morell, Democracy Fund, Washington, D.C.

Panelist: Tre Hargett, Tennessee Secretary of State, Tennessee

Panelist: Matt Masterson, Department of Homeland Security, District of Columbia

Wednesday, Aug. 7

Time: 9-10:15 a.m.

Location: Convention Center – 104 D

Redistricting and Elections Committee Business Meeting

Learn from NCSL’s elections team about what’s going on in the elections and redistricting universe (legislatively speaking). Hear from attendees about their favorite bills. Brief war stories welcome.

Time: 10:30-11:45 a.m.

 

Location: Convention Center – 104 ABC

 

CLE available

Varied Voter Experiences: How One Size Doesn’t Always Fit All

Elections policies may work well in the aggregate, but do they have disparate effects on some voter groups? Any legislation can be considered in light of how it works for rural voters versus urban voters, Native American voters, voters with disabilities and perhaps other groups as well.

Moderator: Senator Kathy Bernier, Wisconsin

Panelist: John Hishta, AARP, Washington, D.C.

Panelist: Michelle Bishop, National Disability Rights Network, Washington, D.C.

Panelist: Jacqueline DeLeón, Native American Rights Fund, Colorado

Panelist: Tammy Patrick, Democracy Fund, Washington, D.C.

Time: 2-3:15 p.m.

 

Location: Convention Center -

104 ABC

 

CLE available

The DMV: A Key Ally in Voter Registration

Since the implementation of the National Voter Registration Act of 1993 (aka the Motor-Voter Law), motor vehicle bureaus have been key players in voter registration. In 2016, the U.S. Election Assistance Commission reported that a third of all new voter registrations originated at DMVs. Learn how states are modernizing the link between DMVs and voter registration.

Moderator: Representative Gary Clary, South Carolina

Speaker: Lisa Danetz, Democracy Fund, Massachusetts

Speaker: John Lindback, Center for Secure and Modern Elections, Washington

Speaker: Christy McCormick, U.S. Election Assistance Commission, Maryland

Time: 3:30-5 p.m.

 

Location: Convention Center -

104 ABC

Top Topics in Elections

Election Emergencies: Which laws govern when a worst-case scenario—think hurricanes and point-of-service attacks—hits on Election Day?
Vote by Mail Challenges: What are states doing to secure voting when ballots are outside the hands of election officials?
Ballot Design: What can legislators consider to ensure that ballots are understandable? Participate in a hands-on activity.

Speaker: Charles Stewart III, The Massachusetts Institute of Technology, Massachusetts

Speaker: Whitney Quesenbery, Center for Civic Design, New Jersey

Speaker: Robert Giles, New Jersey Department of State—Division of Elections, New Jersey

Speaker: Shelby D. Johnson, Department of Transformation and Shared Services, Arkansas


Worth Noting

New at NCSL

Our Electronic Poll Books (EPB) webpage recently received an update and facelift. As of July 2019, EPBs are authorized for use or are being used without statutory authority in at least 41 states and D.C. Visit the new webpage for more details.

Elections GeoSummit

The National States Geographic Information Council (NSGIC) will be hosting a free meeting on Aug. 14. The purpose of the meeting is to “bring together leaders in elections management and GIS from across the country to share leading-edge findings and craft best practices to enhance elections systems through 2020 and beyond.” An RSVP is required.

Senate Intel Report

The Senate Intelligence Committee has released Volume 1 of an extensive report into Russian active measures, campaigns and interference in the 2016 election. Here are some notable findings:

  • The Russian government directed extensive activity, beginning in at least 2014 and carrying into at least 2017, against U.S. election infrastructure at the state and local level.
  • State election officials, who have primacy in running elections, were not sufficiently warned or prepared to handle an attack from a hostile nation-state actor.
  • Russian activities demand renewed attention to vulnerabilities in U.S. voting infrastructure despite the focus on this issue since 2016, some of these vulnerabilities remain.
  • The Department of Homeland Security and other federal government entities remain respectful of the limits of federal involvement in state election systems. States should be firmly in the lead for running elections. The country's decentralized election system can be a strength from a cybersecurity perspective, but each operator should be keenly aware of the limitations of their cybersecurity capabilities and know how to quickly and properly obtain assistance.

A birthday party like none other

Happy 400th anniversary to the first representative legislative assembly in the Western Hemisphere, first held in the summer of 1619 in Jamestown, Va. Throughout the month of July, American Evolution has sponsored events to commemorate the birthplace of American Democracy, culminating with a July 30 celebration attended by members of the Virginia General Assembly, Congress, and other state legislatures. An archived video broadcast of the event can be found on the Virginia General Assembly’s website.

Welcome to the club

Vermont and Kentucky announced that they are joining the Electronic Registration Information Center (ERIC). ERIC is a nonprofit organization that assists states in updating and maintaining accurate voter rolls by providing each member state with a report of “voters who have moved within their state, voters who have moved out of state, voters who have died, duplicate registrations in the same state and individuals who are potentially eligible to vote but are not yet registered.” With the addition of Vermont and Kentucky, ERIC now has 29 members, including the District of Columbia.

Stewards of Democracy

Have you ever wondered who runs America’s elections? You are in luck. The Democracy Fund, in conjunction with Reed College, recently released “Stewards of Democracy: The Views of American Local Election Officials.“ The report is a survey of over 1,000 local election officials and offers insights into who local election officials are, the challenges they face and how they approach their jobs.

Apps to the rescue

Nonprofit, nonpartisan organization Protect Democracy has just released their own solution to defending voters and maintaining updated voter rolls—a new Web app VoteShield. According to the project lead, the app can be used by election officials to apply “basic statistics, machine learning and data visualization to analyze changes in local voter databases and flag unusual activity.” It will be offered to state and local election officials for free through the 2020 election.

The cost of defending elections

A team of professionals from the Brennan Center, Alliance for Securing Democracy, Pitt Cyber, and the R Street Institute joined forces to analyze the need for funding among states to ensure election security in the aftermath of HAVA. Their recently released Defending Elections report concluded that the $380 million dispersed to the states “is not enough to address the needs of state and local offices.”

A new Orioles tradition

Started on July 12 and through the rest of the season, Baltimore Orioles fans can register to vote at the ballpark during Friday night home games. A spokesperson from the team says this is part of an effort “to encourage fans to be an active part of our democracy.” There will be multiple registration stations set up throughout the stadium, and while you’re walking around, you can also check out the National Woman’s Party exhibit, “Standing Together: Women’s Ongoing Fight for Equality," that celebrates the history of women’s suffrage in the country.


From the NCSL Elections Team

It’s been a busy month and we are finally in the home stretch leading to Summit. Looking ahead, we will be working on producing new research and updating webpages with new legislation and information. While you wait for September’s Canvass, check out some of the most recent elections and redistricting blogs from our team.

And as always, let us know what’s on your mind, elections-related or otherwise.
– Dylan Lynch and Wendy Underhill

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