Welcome to the Monday, Sept. 14, Brew. Here’s what’s in store for you as you start your day:

1. What states allow for the counting of absentee/mail-in ballots to start before polls close?
2. Comparing this year’s congressional candidate numbers
3. Join our Administrative State Lunch Club

What states allow for the counting of absentee/mail-in ballots to start before polls close?

With the coronavirus pandemic as a backdrop heading into Election Day, states are expecting an increase in absentee or mail-in ballots. But how will that affect the availability of election results on Nov. 3 and beyond? Here’s what we know about what states can start counting those ballots before polls even close. 

Upon receiving completed absentee/mail-in ballots, election officials must first process them before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation and the practices for this can vary widely from state to state. Counting entails the actual tabulation of votes. Sixteen states allow for officials to begin counting absentee ballots before Election Day. 

Of these 16 states, 10 voted for President Donald Trump (R) in the 2016 presidential election. The remaining six voted for former Secretary of State Hillary Clinton (D).

Of the 16, statutes in seven states – Arizona, Colorado, Delaware, Montana, Nebraska, North Carolina, and Vermont provide explicitly for counting to begin before Election Day. 

In the other nine states, the relevant statutes either do not specify a timeline or leave the decision to the discretion of local officials: Connecticut, Hawaii, Kansas, Kentucky, Louisiana, Ohio, Oklahoma, Oregon, and Utah.

Statutes in the remaining states do not allow for counting to begin either until Election Day or after polls close. However, these procedures are subject to change, as policymakers continue to contend with the challenges presented by administering elections during the COVID-19 pandemic.

Learn more

       

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Comparing this year’s congressional candidate numbers

We’ve periodically published figures in the Brew looking at the total number of candidates running for Congress in 2020. The numbers are pretty close to final at this point, so let’s take one last look. 

As of last week, 3,169 major party candidates have filed to run for the Senate and House of Representatives in 2020. 

For the U.S. Senate, 519 candidates filed with the Federal Election Commission (FEC). Of those, 402—199 Democrats and 203 Republicans—are from one of the two major political parties. 

• In 2018, 529 candidates filed to run for Senate, including 138 Democrats and 241 Republicans. 
• In 2016, 474 candidates ran, including 133 Democrats and 175 Republicans.

For the U.S. House, 3,263 candidates have filed with the FEC to run. Of those, 2,767—1,291 Democrats and 1,476 Republicans—are from one of the two major political parties. 

• In 2018, 3,242 candidates filed to run for House, including 1,576 Democrats and 1,149 Republicans. 
• In 2016, 2,430 candidates ran, including 898 Democrats and 1,025 Republicans.

Thirty-seven members of the U.S. House are not seeking re-election in 2020. That includes 27 Republicans, nine Democrats, and one Libertarian. Four senators (three Republicans and one Democrat) are not running for re-election. 

• In 2018, 55 members of Congress—18 Democrats and 37 Republicans—did not seek re-election. 
• In 2016, 45 members of Congress—19 Democrats and 26 Republicans—did not seek re-election.

On Nov. 3, 35 Senate seats and all 435 House seats are up for election. Of those Senate seats, 33 are regularly scheduled elections, while the other two are special elections in Arizona and Georgia. Twelve are Democratic-held seats and 23 are Republican-held seats. In the House, Democrats currently hold a majority with 232 seats.

Join our Administrative State Lunch Club

Are you interested in deepening your understanding of the Administrative State? Our Administrative State team has been meeting every two weeks to dig into historical court decisions and notable articles regarding the fourth branch, and now we are opening up our discussions to the public. 

In our new Administrative State Lunch Club series, you can join whichever meetings interest you. You’re welcome to come ready to discuss with our team or to just sit back and listen. 

The Lunch Club meets every two weeks on Monday to discuss articles relevant to the Administrative State.

Some of the previous articles we’ve read have been:

• The Wisconsin Supreme Court decision in Tetra Tech, Inc. v. Wisconsin Department of Revenue concerning judicial deference
• The Never-Ending Assault on the Administrative State by Jack M. Beermann
• The Doctrine of Standing as an Essential Element of the Separation of Powers by Antonin Scalia

Learn more about upcoming calls and check out the rest of the schedule here→

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