We have just come through one of
the ugliest post-election periods in American history. Donald Trump, who spent the past four years
of his Presidency courting the far-right wing of the Republican Party, lost the
2020 election to Joe Biden. Instead of
accepting his loss, he spent the next two months complaining that he had won in
a landslide, that the election had been rigged against him, and that multiple
states had committed election fraud to keep him from a second term. He went to court multiple times to challenge
state elections and lost every time.
Then, when the House of Representatives met to confirm the election
results, he instigated an attack on the U.S. Capitol that took five lives and
brought into sharp focus the deep racial and class animosities that had helped
put him into office.
Joe
Biden will soon be inaugurated and will have the threat of insurgency as yet
another concern that will likely distract the nation from ending the corona
virus pandemic and from responding to the growing economic and social crises
that the pandemic has generated. Mistruths
about the election—which have activated a national network of right-wing
extremists—will make it difficult to find common ground.
For
the record, I do not believe that the 2020 presidential election was rigged in
any way. That said, I do think that, in
recent years, the election process has adapted, in part, to the availability of
new technologies and, in part, to social changes as the Information Society has
matured. The pandemic spurred on those
changes as States sought to ensure effective voter access in a time of social
distancing. In response, States provided
greater mail-in balloting, early voting, and use of newer voting machines as
examples.
These changes are
valid, to be sure. However, the
misinformation around the 2020 election have created voter distrust in the system, which continues to fuel a backlash.
Looking ahead, we need to build public confidence in both the social
value and the operational validity of this new voting model that reflects
social and technological changes that will be with us for many years to come.
While
there is no need to analyze the voting processes in each state to look for
widespread fraud, I do think that the public interest would be well-served if
President Biden would appoint a commission to look at the new election
environment and identify best practices that States can use to ensure effective
access to voting for all and allow the public to have full trust in the
election process. The goal is not to
reject these innovations, but to educate the public and give voters in all
states confidence that the process is valid and to protect the rights of all
voters. Some
items to consider:
·
The issue of “gerrymandering.” The Commission should look at how states
determine their electoral districts and identify ways to best organize
districts that avoid gerrymandering, ensure that all citizens have equal
opportunity to have their voices heard, and ensure that districts are not gerrymandered
to artificially create an advantage for any one party. Gerrymandering remains an important issue; the
public needs shared guidelines for how to define a voting district in a way
that promotes fair access by citizens.
·
Mail-in Ballots.
This voting method was especially popular in 2020 due to the corona
virus pandemic, which made people reluctant to stand in long lines to vote. The
dramatic acceptance of this voting method caused many to be suspicious of the
process. The Commission should look at
how different States organized mail-in balloting and recommend to the States models
that proved to be most successful in the 2020 election. The result would be standards that would
build confidence among voters.
·
Early Voting.
This is the other major change in how citizens had access to voting this
past year. The Commission should compare
how different States handled early voting and then identify some best practices
that States could follow in future elections.
One challenge is to identify practices that will ensure that all
voters—regardless of age, race, employment, etc.—have equal and effective
access.
·
Record Keeping.
With multiple opportunities for voting—mail-in, early, and on the
traditional election day—people will want to be sure that their votes are
always counted but also that the process is protected from the idea that people
would try to vote more than once.
·
Counting the Vote. When should mail-in ballots be officially
counted? When should early voting be
tabulated and recorded? How can states
best ensure that all votes are recorded and that there are no duplicate or
inappropriate votes counted?
It is essential
to ensure that all voters have confidence in the election process—the most
sacred of our Constitutional rights—so that they do not fall victim to lies in
future elections.