Vote By Mail

 

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Vote by Mail in MA

In July 2020, a law passed allowing all registered voters in MA to vote by mail in any 2020 election with no excuse needed. Absentee ballot request forms were mailed out to all registered MA voters on July 1, and a second wave will be mailed in September.

No longer in place


The National Conversation

The national vote by mail conversation has been fraught with partisan debate and concerns of its effectiveness. Especially amidst the pandemic, attempts to undermine vote by mail and the USPS amount to forms of voter suppression. Learn more below.

 

Recent Supreme Court Decisions and their Impact on Voting

The Supreme Court recently ruled not to extend Wisconsin’s deadline for mail-in ballots. The ruling means that ballots received after polls close on election day will not be counted, regardless of whether they were postmarked prior to election day. However, the Supreme Court has allowed ballot extensions in Pennsylvania and North Carolina for now.

 

Alabama: The US Supreme Court temporarily blocked a lower court order that allowed for expanded absentee voting in Alabama during the pandemic. Though Alabama allows any registered voters to vote absentee, ID and notarization requirements had previously been suspended in several counties.

 
 

Texas: The US Supreme Court denied a request by Texas Democrats to expedite a case regarding vote-by-mail in Texas as a result of the pandemic. Texas’ restrictions on absentee voting mean many would face a decision over whether to risk their health in order to vote. It is unlikely the issue will be decided by the Nov election.

(To vote absentee in Texas, a person must be 65 or older, be disabled, be out of the county for the voting period, or confined in jail (but otherwise eligible))

 
 

Electors: On July 6 2020, the US Supreme Court ruled that states can require electors to vote for the presidential candidate they had pledged to support. This decision upholds a state’s right to fine or remove “faithless electors” (but does not mandate that states take action against rogue electors; states reserve the right to create their own elector-related laws). Currently, 32 states and the District of Columbia have laws that require electors to vote as they had promised. The Supreme Court has ruled that these states are permitted to enforce these laws and require electors to vote in accordance with the state’s popular vote.

 

About the Electoral College: Americans do not directly cast a vote for a presidential candidate; instead, their votes go towards selecting members of the Electoral College. The number of legislators a state has in Congress (Representatives and Senators) determines the number of electors it gets. Electors are appointed by political parties. In most states (with the exception of Maine and Nebraska), the candidate that wins the state’s popular vote will receive all of its electors. While the electoral college and popular vote have, for the most part, produced the same result, this winner-take-all approach to allocating electors means that the college’s outcome does not always align with the national popular vote. A presidential candidate can lose the popular vote but win the election, which has occurred in five instances, most recently in 2016.