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1 1 (May 15, 2020)

handle is hein.crs/govdanv0001 and id is 1 raw text is: ~* or 101 ' Researh Service Election 2020 and the COVID-19 Pandemic: Legal Issues in Absentee and All-Mail Voting May 15, 2020 As a result of the coronavirus disease 2019 (COVID-19) pandemic, there have been concerns about the potential impact on the 2020 federal election cycle. Some states have delayed primary elections, and, in other jurisdictions, officials have moved polling places away from high-risk populations. As the public health crisis continues, new questions are emerging about the safety and accessibility of voting in the remaining federal primaries and the November 3 general election. These concerns are coupled with questions about how to maintain election integrity. As a result, courts across the nation have been considering challenges to key aspects of state election laws. Much of the recent election law litigation relating to COVID-19 has challenged aspects of state laws addressing absentee voting and all-mail voting, also known as vote-by-mail. In this Sidebar, absentee voting generally refers to state laws that permit eligible voters to request and cast ballots by mail without physically going to the polls on Election Day. All-mail voting generally refers to state laws that provide for automatic mailing of ballots to all eligible voters. This Sidebar outlines the legal landscape for state and federal election laws, examines recent challenges to state laws in response to the pandemic, and briefly discusses select legislation introduced in the 116th Congress. Legal Landscape Although presidential and congressional elections have national impact, they are primarily administered according to state laws. The Elections Clause of the U.S. Constitution provides to the states the initial and principal authority to administer elections within their jurisdictions. As a result of this decentralized authority, states vary significantly in how they administer the voting process and elections. For example, states have enacted differing laws addressing whether and to what degree voters can cast ballots prior to the day of an election, known as early voting. States also have differing laws governing all-mail voting, deadlines for voter registration, circumstances under which voters can cast absentee ballots, and procedures for collecting absentee ballots. At the same time, the Elections Clause provides Congress with the authority to override state laws in order to regulate federal elections. Under that authority, Congress Congressional Research Service https://crsreports.congress.gov LSB10470 CF-S LegMa Sideba Prepaimed for Mernbei-s and Co-mmittees of Co:q!gress