Your weekly source for analysis and insight from experts at the Brennan Center for Justice
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The Briefing
In 16 states, a voter must have a recognized excuse to cast an absentee ballot. Most commonly, people check the box serving overseas in the military, because they’re sick, or they’re away from their home (like President Trump
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) on Election Day. But at a time of pandemic, surely the public health imperative to avoid crowded polling places must be a valid medical “excuse.” Otherwise, we risk the November 3 election in multiple states becoming a replay of Wisconsin’s recent primary.
The good news, as my colleagues Max Feldman, Eliza Sweren-Becker, and Wendy Weiser write
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, is that in each of these states, governors, courts, and election officials already have the power to make this change without getting their state legislatures involved. Many states have already done this for upcoming primary elections. Officials should use the same authority now to protect their voters before November.
And they should ignore the spray of misinformation coming from the White House. Contrary to Trump’s tweets, vote by mail does not benefit Democrats over Republicans, as this Brennan Center analysis shows
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Republicans across the country have long voiced support
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for mail ballots. Earlier this month, the Republican National Committee sent direct mail to GOP voters in the battleground state of Pennsylvania heralding the method: “Voting by mail is an easy, convenient and secure way to cast your ballot” to “avoid lines and protect yourself from large crowds on Election Day.” Amen.
Between now and November, there must be a bipartisan push to prepare for the fast-approaching general election. As the New York Times, using Brennan Center analyses, warned
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last week, “The coronavirus doesn’t care about the electoral calendar” and time is running out.
Members of Congress are aware that states and localities need at least $4 billion to prepare for a Covid-19 plagued election. Sign our petition
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and let them know our democracy is worth the price.
Democracy
Initial Court Responses to Covid-19 Leave a Patchwork of Policies
We see the impact of the pandemic in statehouses, the White House, and on Capitol Hill. Its consequences are less visible in the courts, which have such high-stakes impacts on so many lives. The Brennan Center is compiling court orders and announcements from federal and state courts outlining their social distancing measures. Most courts have taken sensible steps. But 63 of 68 immigration courts, which are controlled by the Trump administration, remain open in some capacity. “In a startling pattern, courts are closing briefly for cleaning but quickly reopening, even after immigration court officials test positive for Covid-19,” write Janna Adelstein and Douglas Keith. // Read More
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Independent Government Science Is Key to Fighting Covid-19
Although President Trump briefly took the pandemic seriously (before his “LIBERATE MICHIGAN!” phase), months of secrecy and attacks on science have undermined our ability to respond to Covid-19. “While the president spouts misinformation, the administration has restricted access to critical information about the disease,” writes Martha Kinsella. “Federal agencies can take immediate steps to reverse this trend, if agency leaders have the courage to implement them.”// Read More
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Paid Sick Leave Fight Shows What’s Wrong With Campaign Finance
In March, Congress passed legislation providing paid sick leave benefits to workers who were not previously covered. The law, however, left out millions because of the outsized influence of wealthy donors and special interest groups. When an earlier version of the law guaranteed more expansive paid sick leave, corporate interests pounced. “The U.S. Chamber of Commerce ... penned a letter cautioning Congress against pushing through a ‘federal, one-size-fits-all, permanent leave mandate,’” writes Hazel Millard. “The Chamber of Commerce has been one of the groups that has most aggressively exploited federal campaign finance rules.” // Read More
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Justice
Dear Attorney General Barr: Help States Safely Reduce Their Prison Populations
The Brennan Center and a broad coalition of allies wrote to Attorney General William Barr to urge a stronger response to Covid-19. The federal Bureau of Prisons can do more, and the Justice Department can help states act. “We ask that you expand the use of home confinement,” write the Brennan Center and allies. “DOJ can encourage states to respond more proactively to his crisis.” // Read More
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Constitution
Should a Pandemic Pause Our Civil Liberties?
Last week, Brennan Center Liberty & National Security Program Codirector Faiza Patel joined Masha Gessen of the New Yorker and Amol Sinha of the ACLU for a conversation with WNYC’s Angelique Roche about privacy and surveillance during the pandemic. “One thing to remember when we talk about tech in this context: when you’re talking about health, you’re talking about people’s public health information, one of the most intimate kinds of information,” said Patel. “In order for this to be successful, you have to earn people’s trust.” // WATCH NOW
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News
Lauren-Brooke Eisen on court fees and fines during coronavirus // Marshall Project
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Max Feldman on the current state of voting by mail // Vice
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Elizabeth Goitein on Trump’s claim of “absolute” authority over states // NPR
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Douglas Keith on the complications of moving court online // New York Times
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Faiza Patel on the use of Bluetooth technology to track the spread of Covid-19 // CNN
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Myrna Pérez on voter purges during a pandemic // Mother Jones
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Jennifer Weiss-Wolf and Julia Morrison on Covid-19 policies and gender equity // Ms. Magazine
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Tom Wolf on census operations during the pandemic // Sacramento Bee
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Have an issue you'd like us to cover? Feedback on this newsletter? Email us at
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The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary defend – our country’s systems of democracy and justice.
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