There are systems in place to protect the election. 

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From the Desk of Trevor Potter

Dear John,
We’re less than a month away from Election Day, and many people are anxious about our election systems. This was no doubt exacerbated by the news that President Trump has COVID-19. Questions were raised about the future of the election, and I provided some insight on the legal procedures in place to The Washington Post on Saturday ([link removed]) .

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President Trump’s illness is the latest uncertainty in an already difficult and challenging year. Given all that’s going on, is there anything we can feel reassured about, regarding the November general election?
Yes.

There are laws and systems in place to protect the integrity of the election.

Election officials have been preparing for a pandemic election since the beginning of the year. Because of COVID-19, more Americans will need to vote by absentee or mail ballot this year to keep themselves safe, but mail-in voting itself is not new and is used by millions of Americans each year, in red and blue states alike. While challenges to ballot access and procedures to ensure every vote is counted remain (and we’re fighting to address them), this is a process we can trust.

In the final weeks ahead, we must continue to share the truth ([link removed]) about mail-in voting. It’s a secure way to cast your vote ([link removed]) . States have measures to ensure that voters’ ballots remain safe and secure ([link removed]) from the moment that they are cast until the moment that they are counted. It’s clear, too, that postal workers ([link removed]) will do everything they can to ensure official election mail (including ballots) are delivered.

And a reminder: the only voters who can vote absentee or by mail are voters who have verified their eligibility and identity with an election official.
Campaign Legal Center is working hard so voters can feel reassured:
* We’re working to protect access to election dropboxes ([link removed]) , and Campaign Legal Center Action has filed a lawsuit in Texas ([link removed]) against Texas Gov. Greg Abbot’s move to drastically limit ballot drop off locations—a clear attempt at voter suppression.
* We're advocating for safe in-person and early voting ([link removed]) . If you have an early voting option in your community, go ahead and use it—and early, before the crowd.
* We're fighting attacks on mail-in voting, most recently in Montana and New Jersey ([link removed]) . In the presidential debate last week (which already seems like a long time ago), President Trump again baselessly cast doubt on voting by mail, even as his campaign is encouraging his supporters to request ballots ([link removed]) themselves. President Trump is flatly wrong about mail-in voting, and his campaign’s accusations aren’t holding up in court. Just last week, a federal court order ([link removed]) rebuked the Trump campaign’s contention that there would be widespread voter fraud in the upcoming election, saying: “this allegation, specifically in Montana, is a fiction.”
* We've compiled information on voter intimidation ([link removed]) and what to do if you encounter it. It’s important to know that voter intimidation is a federal crime—it comes with criminal penalties, and intimidators are already being charged ([link removed]) . President Trump made remarks about “poll watchers” at last week’s debate, and our system does allow credentialed observers from political parties to be present at polling places, but does NOT permit others to gather near voting locations and attempt to question voters or stop them from entering a polling location.

Lastly, people are wondering about election results scenarios. Final certified results will not be available until days—or even weeks—after Election Day. That’s usual. It is also possible that it may take several days for unofficial results in key states to be sufficiently complete for us to be clear on who is winning. That’s okay. A longer wait period after Election Day might be necessary to count all absentee ballots, including those mailed before Election Day but arriving afterwards, as provided for by state laws. This doesn’t impact the security of the election. We have a duty as Americans to ensure that every vote is counted.

In the event election results are contested, there are safeguards in place to protect election integrity. The National Task Force on Election Crises ([link removed]) , of which I am a member, and in which CLC’s Vice President Paul Smith and other senior CLC lawyers are very active, has been producing research about potential scenarios and what laws would apply to them. For example, a state legislature cannot overturn presidential election results ([link removed]) after Election Day.

If you want to learn more, I encourage you to watch my recent interview with CNN ([link removed]) , if you haven’t seen it already.

Regardless of the outcome of the election, the most important thing for our country is that everyone trusts that their vote was counted accurately, fairly, and securely, and that their voice was heard. We have an election system that will allow this to happen.
Sincerely,

Trevor Potter
President, Campaign Legal Center
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