This is an important read with one small caveat. As @AmyEGardner notes in her piece, the Anderson-Burdick balancing test is typically the framework for evaluating the general constitutionality of election procedures.washingtonpost.com/politics/2021/…
However, in 2020, many circuit courts of appeal, including the 5th, began treating McDonald v. Board of Election Commissioners of Chicago, not Anderson-Burdick, as the precedent for review of absentee voting rules. McDonald is more deferential, making it easier for states to win.
The 5th Circuit, for example, invoked McDonald and a more deferential "rational basis" test to uphold Texas's law limiting absentee voting to those aged 65 and older or those with specific medical conditions despite the fact that the election was conducted amid #COVID19.
In short, if McDonald continues to be the relevant precedent for review of voting absentee voting rules, any mail voting rules enacted through SB 7 will likely be harder to successfully challenge in court.

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More from @davidalanlevine

2 Jun
This article is merely the latest to underscore that the reviews of various #election2020 races shouldn't be viewed in isolation. Many are part of a broader effort to undermine the legitimacy of #election2020. apnews.com/article/donald…
1/Whether it's the well-run forensic audit conducted by @WAuditors of a state representative race in NH, the abomination being conducted in Maricopa County, AZ (also known as #AZAudit), or other questionable reviews, such as those being contemplated in Fulton County, GA or WI.
2/It's important that the public understand the differences between what triggered these various reviews. For example, NH's audit arose from an actual gap in vote tallies in a race for state representative. cnn.com/2021/05/25/pol…
Read 8 tweets
1 Jun
One well covered irony of the TX elections legislation (SB7) is that supporters cite a need to improve election security when these bills, of course, stem from the Big Lie. Another irony is that SB7's proposed changes would probably make it harder to secure future TX elections.🧵
1/One reason #election2020 was secure was because many voters had more ways to vote and a longer period of time to do so than in previous elections.
2/When voters have more voting options, election officials often find themselves serving smaller groups of voters and ballots at once than in previous elections. I know this firsthand from my experiences as a former state and local election official.
Read 5 tweets
31 May
Folks across Texas, as well as across the nation, should be breathing a collective sigh of relief, but it could very well be short-lived. In the interim, efforts to bolster the integrity of our democratic elections must continue. Below are 3 ideas. washingtonpost.com/politics/texas…
1/Congress needs to establish a commission to determine what factors, such as the lies about #election2020, led to the 1/6 Capitol riots. If Congress won't act in a bipartisan or nonpartisan manner, Pres. Biden should issue an executive order establishing such a commission.
2/The DOJ should ensure it has a robust strategy in place for combatting any efforts, incl. legislative, that undermine genuine, democratic elections. Even w/o pre-clearance, it has many tools to counter such efforts and other campaigns that could undermine voter confidence.
Read 4 tweets
29 Apr
Removing @VerifiedVoting's Mark Lindeman and replacing him with Board Member Breton's preferred choice would be unwise for many reasons
1/Lindeman is as experienced as almost anyone with election audits. verifiedvoting.org/team/#mark Don't trust me? Ask the countless election officials he's worked previously with across the country.
2/Breton's choice for the town audit designee is a wolf in sheep's clothing. He's currently part of an Arizona "Audit" effort that's doing far more right now to subvert #election2020 than validate it. brennancenter.org/sites/default/…
Read 4 tweets
29 Apr
While combating interference from malign actors is a whole-of-society endeavor, government is arguably the most important actor in protecting democracies from them, as the below actions demonstrate. Here are a few more. Thread 🧵
1/As @rickhasen correctly noted in a recent @nytimes op-ed, #election2020 and its aftermath are now leading to efforts by some to try and undermine the integrity of the vote count, itself. Here are a few things Biden should try and do in the next 100 days to counteract this push.
2/Advocate for the fast replacement of any voting system that does not produce a paper record of the vote. Paper trails can ensure that the votes were properly counted and provide more confidence in the voting system, which can be helpful in countering any voting machines lies.
Read 10 tweets
29 Apr
It will interesting to see whether this forensic audit leads New Hampshire to take additional steps on the post-election audit front. Thread 🧵eagletribune.com/news/new_hamps… | Windham picks designee to work on forensic audit
1/A large majority of states already require some type of post-election audit to help ensure that any errors or manipulation during the tabulation of votes is caught and rectified. New Hampshire is not among them. ncsl.org/research/elect…
2/However, the New Hampshire Secretary of State’s office has been studying audits and conducting test audits to understand how they might work for future elections. nhpr.org/post/nh-offici…
Read 4 tweets

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