Today MapLight released a troubling new report outlining how serious gaps in our nation’s election laws combined with the challenges of voting during the COVID-19 pandemic mean the integrity of the election is in grave danger.  Simply put, Congress must act soon. Our report provides a detailed picture of the myriad threats to the election based on interviews with election experts, a review of federal election guidelines, and snapshots of election procedures in 17 swing states that could tip the balance of the Electoral College.   

View the full report here: Election in Peril: Procedural Risks to the 2020 Presidential Election

When electing a President—the most powerful person in America—we assume that the rules of the process are clear. But shockingly, they aren’t. What happens if the governor of a state and the legislature of that same state, from opposite political parties, send conflicting presidential tallies to Congress? Disputed election results like this are governed by a law Congress passed back in 1887— which political scientists both from that era and today consider impossibly unclear.

We are playing with fire as a nation by failing to address the gaps and ambiguities in our election rules that could lead to a crisis in which both parties claim victory in the presidential election. Instead of waiting for disaster, Congress should act now to protect the long-term integrity of our elections by clearly outlining how to resolve disputes about the presidential election.

At the same time, protecting the legitimacy of the 2020 election also means we must quickly ramp-up vote-by-mail systems to make sure no one has to choose between protecting their health and exercising their right to vote. The Senate should pass the HEROES Act immediately to provide states with enough resources to properly conduct mail-in voting to respond to COVID-19. 

It’s not too late to ensure everyone can vote safely while putting in place the protections our democracy needs. Thank you for your support.

Best,
Dan

Daniel G. Newman
President & Co-Founder