5 questions from voters, answered.

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Even as joy and excitement fill the air in Chicago, Republicans continue their efforts to undermine free and fair elections this November. And you, our loyal Democracy Docket readers, have noticed!

In recent days we have received a TON of questions about how the rules of registering to vote and the voting process may have changed. You have also asked about new, last-minute laws and lawsuits that may affect your rights. Finally, many of you are understandably worried that Republicans and their allies have plans to suppress the vote and subvert the counting and certification process.

One of my favorite parts of Democracy Docket is answering our readers’ questions. It’s why I love that our premium membership includes Q&As with me — if you want to continue receiving Q&As like this, consider upgrading for $120/year ([link removed]) and support Democracy Docket’s work.

Now, let’s get started!

I'm a 61 year old woman on disability and my husband is retired from the post office. I have NEVER, in my life, voted for anyone until Trump got into the race. I was raised Democrat and have been for Joe Biden. But my problem is that we both asked for absentee ballots because we have health issues. We have requested our absentee ballots a while ago and haven't received anything yet. My husband says it's too early but I'm afraid we won't be able to vote?! Is there anything we can do about this?

— Denise

First, thank you for the question and I am glad to see that you are prioritizing voting in this election. I hope that your enthusiasm for President Joe Biden carries over to Kamala Harris and that you and your husband vote for Democrats down the ballot as well.

While I don’t know what state you live in, I would not be worried yet about not having received an absentee or mail-in ballot. Most states have not yet printed their ballots, and no state has sent them out to voters. That said, I commend you for your diligence. I would suggest that you contact your local election office (typically the county) sometime in mid-September to confirm that you are on the list to receive your ballot. Once you do, my advice is carefully read and follow the directions, fill it out and return it as soon as possible.

Good luck to you and your husband!

I was curious why it's okay for Trump and Elon to do a two-hour bro talk on twitter when Musk runs a PAC for him?

— Lisa

In fairness, a good portion of their talk was consumed with technical difficulties. And during the rest, Trump sounded like he had cotton in his mouth as he spewed unfocused nonsense. As to how this is legal, the campaign finance laws turn on whether Musk learned any nonpublic information from Trump in any of their private conversations and, if so, whether he passed it along to the people running an independent expenditure group — like a SuperPAC.

I have no way of knowing what Musk’s relationship is with the PAC you reference, but I hope for his sake they have lawyers! What I do know is that their conversation struck me as a good endorsement to vote for Kamala Harris!

Once we vote, how do we ensure it is counted and the vote certified?

— Jill

It depends on your method of voting. In many places, if you vote in person, you put your ballot in the counting machine prior to leaving the polls. While this is not an option if you vote by mail (or vote on a so-called provisional ballot), many states have a way for you to follow up after the election to track your ballot to see if it was received and counted.

The truth is I would not over-worry about your ballot being counted. The overwhelming majority of ballots are properly counted. Instead, I would use the time now to double check that you are registered and that you have a plan to vote that makes sense for you and your schedule.

As for certification, I can assure you that there will be lots of groups and lawyers working to ensure every election is accurately and properly certified.

Thank you for everything Marc! How long before the Georgia rules take effect in other states? Also, do you think SCOTUS will come back into play with the election or criminal cases?

— Jeffrey

Thankfully, Georgia’s anti-voting laws and rules only apply in Georgia. And though other GOP-controlled states are adopting similarly bad laws, none is as far along as Georgia. One of the reasons to continue reading Democracy Docket (and to encourage your friends and family to do the same!) is precisely to stay informed about how bad voting laws or rules spread from state to state and what is being done about it.

As for the Supreme Court, I expect there will likely be several voting and election cases that get considered this fall. Already, we are awaiting a decision on an emergency stay application filed by the GOP seeking to restore an Arizona voter suppression law.

What happens if the state or county election board delays the counting or certifying of ballots in the 2024 general election?

— Betsy

Unless it's pursuant to a court order, they will get sued and they will lose. My law firm sued Cochise County, Arizona in 2022 when the county refused to certify. They lost and ultimately got indicted.

I understand why people are anxious about the GOP’s plans to undermine certification. It is a topic I have written and spoken about often. However, I can assure you that Trump and his cronies will not succeed in subverting the election results in 2024 any more than they did in 2020.

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