National: Supreme Court says states may require presidential electors to support popular-vote winner | Robert Barnes/The Washington Post

The Supreme Court ruled unanimously Monday that states may require presidential electors to support the winner of the popular vote and punish or replace those who don’t, settling a disputed issue in advance of this fall’s election. Justice Elena Kagan wrote for the court, and settled the disputed “faithless elector” issue before it affected the coming presidential contest. The Washington state law at issue “reflects a tradition more than two centuries old,” she wrote. “In that practice, electors are not free agents; they are to vote for the candidate whom the state’s voters have chosen.” Lower courts had split on the issue, with one saying the Constitution forbids dictating how such officials cast their ballots. Both red and blue states urged the justices to settle the matter in advance of the “white hot” glare of the 2020 election. They said they feared a handful of independent-minded members of the electoral college deciding the next president. The court considered cases from the state of Washington and Colorado. Washington moved to fine Peter Bret Chiafalo and two others $1,000 after they voted for Colin Powell when the electoral college convened after the 2016 election. They had pledged to vote for Hillary Clinton, who won the state’s popular vote.

National: Younger Americans embrace mail-in voting, if they can figure out how | Amanda Golden/NBC

Engagement among young voters is higher this year than it was in the 2016 and 2018 elections, and they’re enthusiastic about voting by mail in November, but access to information about registration and how to vote during the coronavirus pandemic could be an issue, a new poll shows. The poll by the nonpartisan Center for Information and Research on Civic Learning & Engagement, or CIRCLE, found that 83 percent of young voters said they believe young people have the power to change the country, with 60 percent feeling they’re part of a movement that will vote to express its views and 79 percent saying the pandemic has helped them realize that politics affect their lives. But the survey also highlighted the challenges to participating in the election because it’s being held during a national health crisis and young voters aren’t getting clear and accurate information about online registration and mail-in voting. A third said they didn’t know whether they could register to vote online in their states. Among those who said they did know, 25 percent were incorrect. In addition, only 24 percent of those polled had voted by mail before.

National: Conservative groups sue to make pandemic voting even harder | Nicholas Stephanopoulos/Slate

Until recently, litigation about voting during the COVID-19 crisis followed a predictable pattern. Voters would complain about states’ restrictive regulations, conservatives would rush to the laws’ defense, and courts would referee the disputes. Powerhouse right-wing lawyers, however, have now opened a troubling new front in the voting wars. They now claim that it’s unconstitutional for states to make it easier to vote while the pandemic rages. Relaxations of voting rules supposedly give rise to fraudulent votes that impermissibly dilute the ballots cast by law-abiding citizens. This novel argument should—but probably won’t—be laughed out of court. As it spreads across the country, it threatens to put states in an impossible position: exposed to liability not just if they ignore, but also if they try to alleviate, the pandemic’s effects on the electoral process. Before this new breed of cases began appearing, most suits about voting during the pandemic had the same setup. Some existing electoral regulation—an eligibility limit for voting absentee, say, or a requirement that mail-in ballots be notarized—would prevent certain people from voting. So they would go to court alleging an excessive burden on their constitutionally protected right to vote. In response, some state official would argue that the policy served an important interest, most often the prevention of fraud. In April, the Supreme Court decided one of the many such cases, involving the rules for absentee voting in Wisconsin’s primary election.

National: Senate Democrats urge Pompeo to ensure Americans living overseas can vote in November | Maggie Miller/The Hill

A group of Senate Democrats led by Sens. Amy Klobuchar (Minn.), Ron Wyden (Ore.), and Bob Menendez (N.J.) are urging the State Department to take steps to ensure military personnel and other Americans living overseas are able to vote in the November general election. In a letter to Secretary of State Mike Pompeo sent last week, the group of more than a dozen senators asked for details on the agency’s plan to ensure all Americans living overseas were able to receive and send back absentee ballots in the midst of the COVID-19 pandemic. “The pandemic continues to restrict travel and mail service in many countries around the world,” the senators wrote. “Without proper planning, this could jeopardize the ability for Americans overseas, including U.S. service members and diplomats, to vote in the November election.” They pointed to concerns around U.S. embassies and consulates, normally responsible for assisting with the voting process for those living overseas, not being fully staffed during the pandemic. The senators also questioned whether embassies were planning voting information campaigns, and what the process was for those living near embassies and consulates to drop off their ballots. “We recognize that there may be conditions in individual countries that are beyond the control of U.S. officials that could make voting more difficult, but we must take steps now to attempt to overcome those challenges,” the Democrats wrote.

National: Virus vs. voting: Behind the high-risk presidential primary elections | Katie Pyzyk/Smart Cities Dive

Milwaukee voters stood just inches apart in lines that stretched for blocks outside of voting centers on April 7, all waiting to cast ballots in the state’s presidential primary. On a typical Election Day, passersby wouldn’t bat an eye at this scene. But on this Election Day — and every that has passed since early March — the prevalence of COVID-19 has raised health and safety concerns that leave some voters weighing the value of health versus that of participating in the democratic process. The proximity of Milwaukee’s voters followed Wisconsin Gov. Tony Evers’ last-minute attempt to postpone the primary, as other states had done. The effort was blocked by the state Supreme Court, and as a result, only 3% of Milwaukee’s polling sites opened to serve a population of nearly 600,000. Norman Ornstein, resident scholar at the think tank American Enterprise Institute, told Smart Cities Dive there are many states with leaders who are “either ignoring the risks or deliberately trying to tilt the balance to suppress voters.” “We’ve seen that in Wisconsin, and I think we’re going to see it in other places as well,” he said.

Arkansas: Virus OK as excuse for voting absentee in Arkansas, Governor says | John Moritz/Arkansas Democrat Gazette

Any Arkansans who fear going to the polls this fall during the coronavirus pandemic can use their concerns as an excuse to vote absentee, Gov. Asa Hutchinson said Thursday. The governor, who had not previously committed to expanding the use of mail-in or absentee ballots during the election, made the announcement alongside the chairmen of the state’s Republican and Democratic parties, as well as Secretary of State John Thurston. Arkansas law allows voters to request absentee ballots if they will be “unavoidably absent” on Election Day or if they have illnesses or physical disabilities. Thurston said last week in a news release that he believed the law will allow voters to choose whether to vote absentee during the pandemic, an interpretation with which Hutchinson said he concurred. “They just simply have a concern, a fear of going to the polling place because of the covid-19, that’s enough of a reason” to vote absentee, Hutchinson said.

Delaware: Vote by mail coming for fall elections; advocate reports confusion over presidential primary options | Sophia Schmidt/Delaware First Media

Gov. John Carney signed the vote by mail legislation Wednesday. It allows all voters to return their ballots by mail without a traditional absentee excuse through the end of this year. Under the legislation, the State Election Commissioner must mail an application to receive a mail-in ballot to every qualified, registered voter sixty days before the election. Each voter must then complete and return the application. They will then receive a ballot, envelope and instructions, to be returned by mail. No ballots can be tabulated until Election Day. Voters will still have the option to vote in person. Carney said at a virtual bill signing he sees the mail-in option as “critically important” for the elections this fall. State Rep. Valerie Longhurst sponsored the legislation in an effort to help Delawareans vote safely despite COVID-19. “This just makes it easier because we don’t know what’s going to happen in November with this pandemic, and we’re just thinking ahead and being proactive instead of being reactive,” she said in an interview Tuesday.

Georgia: Old voting machines mothballed at port, saving tax money | Mark Niesse/The Atlanta Journal-Constitution

Georgia’s old voting computers will be moved to a government warehouse at the Port of Savannah, saving taxpayers about $432,000 a year in storage costs. U.S. District Judge Amy Totenberg recently approved the agreement, which resolves concerns about the expense of preserving 30,000 voting touchscreens for an election security lawsuit. Plaintiffs in the case want to inspect the computers to find out whether they were infected by viruses or malware. The 18-year-old computers, which recorded votes electronically, were replaced this year by a voting system that uses new touchscreens and also prints out paper ballots. The Georgia Ports Authority will store the obsolete equipment, which would fill 48 semi-trailers, at no ongoing cost to the state. The government will pay to transport the computers from rented warehouses to the port.

Kentucky: Coronavirus threatened to make a mess of Kentucky’s primary. It could be a model instead. | Zach Montellaro/Politico

Coronavirus has upended elections around the country since the pandemic landed in America, and last month, it was feared Kentucky would be the next disaster. National figures from Hillary Clinton to LeBron James warned of impending calamity in the state, focusing on a dramatic decrease in polling places, especially in Louisville. But after the votes came in, Kentucky earned measured praise from voting rights advocates for how it largely sidestepped the missing ballots, long lines and other problems faced by many states amid coronavirus. The Democratic governor and Republican secretary of state reached bipartisan agreement on a massive expansion of absentee voting, leading to the highest primary turnout in Kentucky since the hard-fought 2008 presidential primary. Now, voting rights experts say other states should be reaching out to Kentucky for advice, as a potential blueprint for scaling up pandemic-safe voting for the November elections. “I think Kentucky could be a model for states that have not done a lot of absentee voting prior, or they’ve had excuse absentee, in terms of scalability,” said Amber McReynolds, chief executive officer of the National Vote At Home Institute and a former elections director in Denver, Colo., when the state instituted one of the broadest vote-by-mail programs in the country. Just over 1 million Kentuckians voted in the primary despite the pandemic, the highest primary turnout in the state in 12 years. Roughly 75 percent of the votes were cast via absentee ballot, said Secretary of State Michael Adams. Kentucky’s size means the changes they made won’t be as easy to scale in some states, especially in a general election scenario, but the primary also went much better than other states’ so far this year.

Massachusetts: Voters will get applications to vote by mail now that voting reform bill is law | Steph Solis/MassLive

Massachusetts Gov. Charlie Baker signed a bill that will allow residents to submit mail-in ballots to cast their votes in the state primary and general election because of the coronavirus pandemic. The $8 million voting reform bill allows people to vote by mail in a general election without needing to designate any reason the Sept. 1 primary and Nov. 3 general elections, a first for Massachusetts. But the expanded vote-by-mail provisions aren’t permanent: the measures expire Dec. 31. The voting law also allows early in-person voting for the state primary for the first time. Early voting for the state primary will take place between Aug. 22 and Aug. 28. For the general election, early voting runs from Oct. 17 and 30, making polling places available for two weekends. Secretary of State William Galvin’s office must must mail out applications to households by July 15 so voters can decide if they want to vote by mail for the primary. He must also mail out vote-by-mail applications for the general election by Sept. 14. The secretary’s office would have to conduct a public awareness campaign.

Ohio: Elections boards must email or call absentee voters who don’t provide identifying information | Rick Rouan/The Columbus Dispatch

Ohio elections officials must email or call voters who haven’t provided all the necessary information on absentee ballots for the general election in November, not just send them a notice in the mail. As the state prepares for a surge in voting by mail because of the COVID-19 pandemic, Ohio Secretary of State Frank LaRose issued a directive Monday outlining that and other steps that the local boards of elections must take for the fall election. The secretary of state’s office will send absentee ballot applications to about 8 million registered voters in the state, and LaRose has said Ohio could see an unprecedented number of votes cast by mail. The state conducted its primary almost entirely through the mail after polls were shut down hours before they were set to open March 17 to prevent the virus from spreading. Instead, the primary ran through late April, with most voters required to cast absentee ballots. State lawmakers so far have preserved in-person voting, with LaRose’s support, but lingering fears about spreading the coronavirus are expected to drive more Ohioans to cast absentee ballots.

Pennsylvania: 2020 election lawsuits could shape who votes and how ballots are counted | Jonathan Lai/Philadelphia Inquirer

With four months until November’s election, a flurry of lawsuits in state and federal courts is seeking to change election rules in Pennsylvania and dozens of other states around the country. They could shape how people cast their ballots and whether those votes are counted. The latest salvo landed this week when the Trump campaign and Republican National Committee filed a federal lawsuit challenging Pennsylvania’s use of mail ballot drop boxes, its procedures for counting mail ballots, and restrictions on poll watchers. It marked a shift, with the GOP on offense in the state for the first time this election cycle instead of defending against Democratic and progressive groups’ legal challenges. That and other lawsuits are part of a national fight unfolding, particularly across swing states such as Pennsylvania, where small margins could decide who wins the presidency in November. And the fight comes amid the coronavirus pandemic, which has made voting more complicated than normal. “We are seeing a surge in litigation,” said Wendy R. Weiser, head of the Democracy Program at the Brennan Center for Justice at New York University. “There’s been an increasing number of lawsuits around election administration and voting rights across the country.”

Vermont: Debate continues over mail-in voting | Pandemic 2020 | Keith Whitcomb Jr./Rutland Herald

While registered voters in Vermont likely will be mailed ballots for the General Election in November, the practice remains the subject of debate. Secretary of State Jim Condos stated in an email Monday that his office is working with town clerks on a directive that will be issued shortly — one that will create the process for mailing a ballot to every active registered voter for the General Election in November. Voters still can show up in person at the polls or use the existing absentee voting system. “The only major change we are planning for regarding the 2020 November General Election is the pro-active mailing of ballots to every active registered voter,” Condos stated. “Challenged voters will not be mailed a ballot, and would need to affirm their eligibility to register to vote with their Town Clerk, and request their ballot, vote early at the Clerk’s office, or vote at the polls on Election Day.” Changes to the voting process are being considered in states across the country in response to the COVID-19 pandemic. In Vermont, Democrats and Republicans have been debating the issue in heated exchanges.

Wisconsin: Five largest cities awarded $6.3 million in effort to make elections safer amid coronavirus pandemic | Mary Spicuzza/Milwaukee Journal Sentinel

Wisconsin’s five largest cities are being awarded more than $6 million to help administer this year’s elections during the coronavirus pandemic. The cities of Milwaukee, Madison, Green Bay, Racine and Kenosha are set to receive a combined $6.3 million in grants from the nonprofit Center for Tech and Civic Life. The funding for the “Wisconsin Safe Voting Plan” comes as the state is expected to play a key role in this year’s presidential election. It also comes after some people in Milwaukee and Green Bay waited in line — sometimes for several hours — to vote in the state’s April election, and delayed or missing mail-in ballots frustrated people around the state. The grant aims to help election officials administer safe elections despite budget gaps that have worsened during the ongoing pandemic, and will be used to help the cities open voting sites, set up drive-thru and drop box locations, provide personal protective equipment (PPE) for poll workers and recruit and train poll workers. The grants have been approved by the nonprofit and will soon be awarded to the municipalities. Some of the cities require the Common Council to accept the grants. In Milwaukee, that vote could come as soon as tomorrow.