The second day of the Federalist Society's COVID-19 & the Law Conference commenced with a panel discussion on "COVID-19 and the 2020 Elections". The panel took place via teleconference on Friday, June 12, 2020.
The onset of the COVID-19 epidemic in the midst of an election year has presented election officials with an array of unprecedented challenges. Some states hurriedly cancelled or delayed primary elections while others forged ahead. It is widely assumed that the remaining primaries and likely the November general election will include a substantial increase in vote-by-mail options, and possibly occur with all mail ballots. Who should make such decisions about timing and means of voting: legislatures? Governors and other executive branch officials? Courts? Elections in the U.S. are conducted by states, but Congress has the authority to regulate the “time, place, and manner” of congressional elections, and the “time” for choosing presidential electors and the day of their votes: Should Congress get involved, and if so, how far does its power under the “time, place, and manner” clause reach?
It has long been accepted that absentee balloting and voting-by-mail have potential for voter fraud not present in in-person voting. And tools that make it easier to vote--such as "ballot harvesting"--also increase opportunities for fraud. What policies should states adopt to ensure that people can vote without endangering their personal or the public health, while assuring that the fraud is minimized and the results retain integrity? Are states ready to handle a substantial increase in mail voting? What steps need to be taken before November to get ready? And what are the pluses or minuses to such changes. Are permanent changes necessary, or should any changes in voting procedures be temporary, for this election only?
Featuring:

Dr. Rachel Kleinfeld, Senior Fellow, Democracy, Conflict, and Governance Program, Carnegie Endowment for International Peace
Prof. Michael T. Morley, Assistant Professor, Florida State University College of Law
Prof. Richard H. Pildes, Sudler Family Professor of Constitutional Law, New York University School of Law
Hon. Bradley A. Smith, Josiah H. Blackmore II/Shirley M. Nault Professor of Law, Capital University Law School
Moderator: Hon. R. Patrick DeWine, Associate Justice, Supreme Court of Ohio

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.