As a political junkie, I love movies about politics. Dave is my all time favorite and I’m still a sucker for Mr. Smith Goes to Washington. But I often find myself thinking about 1972’s The Candidate. In that movie, which won an Oscar for best screenplay, Robert Redford plays an upstart candidate for Senate from California running against a long-term establishment incumbent. It tracks the ins and outs of his improbable campaign, managed by the inimitable Peter Boyle (Young Frankenstein and Everybody Loves Raymond). At the end of the film, Redford’s candidate prevails. In the very final scene, Redford turns to Boyle and asks, “What Do We Do Now?”
This scene is central to my thinking that governing is more important than campaigning. The nuts and bolts of consensus building far outstrip the enthusiasm we have for election contests. Given yesterday’s court decision in Pennsylvania, we may be finally approaching the end of this election cycle (regardless of what now-former Trump lawyer Sidney Powell claims). Yes, there are still the two Senate runoffs in Georgia, but it’s time to think about what’s next.
Last week I finished listening to Stacey Abrams’ Our Time is Now. It is a primer on the key issues in extending the vote to underserved populations and combatting attempts at voter suppression. Her organizing, along with that of similar organizations across Georgia, was key to Biden’s victory in the state.
Following Abrams’ lead, there is much work for progressives to do in the coming twelve months. Republicans are already talking about investigating mail-in ballot processes in their quixotic search for their elusive voter fraud. Unless there is concerted effort to set some guidelines for how those ballots are processed, claims like those we’ve seen over the last three weeks will continue. States like Oregon, Colorado, and California need to be the models for how these ballots are processed as they have been using these processes for years.
Whether voting by mail or voting in person, we need to carefully distinguish between simple challenges to process (signature challenges, new address, failure to sign the envelope, voting at the wrong precinct) from invalid votes. Characterizing these errors as potential fraud is simply attempted voter suppression. Curing ballots is a fair process and should be easily available. Voting isn’t some trap where if you don’t get everything exactly right you get disenfranchised. Our default position should be to make it as easy to legally vote as possible.
In that regard, there need to be major changes in the availability of polling locations. Some consideration of a ratio of population distribution to the number of voting sites is essential. Texas’ idea of having one drop box per county is problematic for those in big cities (population) and those in big counties (geography). The goal must be to make access to voting simpler.
If states are going to rely on voter identification through driver’s licenses or other official cards, they need to consider those urban dwellers who don’t drive or the elderly who no longer drive. If photo IDs are not made readily available to all potential voters, then some other forms of identification should be allowed (multiple pieces of mail from government sources, for example).
We need to rethink how we process ballots when they arrive. It’s clear from the recent election that laws allowing mail-in ballots to be treated as early voting and processed (but not counted) prior to election day are reasonable. Not allowing votes to be counted until after the polls close is what created the crazy (yet predicted) scenario this cycle. We also need to clarify the roles of election judges, poll watchers, and partisan observers. The observers are there to represent their party but it is the judges and the poll watchers (who also represent the parties) who evaluate the quality of the ballots.
Of course, when there is actual fraud it needs to be prosecuted. Not on the basis of someone’s imagination, but real cases like the two cases uncovered in Pennsylvania: one who tried to vote using his dead mother’s ballot and another who tried to pass himself off as his son at the poll when he had already voted (both Republicans). If there is fraud via mail-in ballots, it must be proven and not asserted.
There should probably be some limits place on when and under what circumstances elections can be challenged. Automatic recounts are fine but frivolous lawsuits attempting to litigate a settled vote should be met with harsh penalties from judges. Saturday’s Pennsylvania decision was a good example of the kind of response these cases should receive.
Progressives have long pushed back at election law changes by rightly complaining about attempts at voter suppression. But that leaves them in a reactive mode. What we need now is a major push to fix those aspects of the voting system that would increase the franchise to more people. That will likely involve some tradeoffs with conservatives but major gains are possible if action is taken before we get close to the 2022 midterm election cycle.
The high road going forward is to make voting accessible to as many citizens as possible in ways that are fair and safe. We have serious work to do.