Vote-By-Mail

Kate Titus, executive director of Common Cause Oregon, says another problem is just the uncertainty of the period. Someone whose home has just burned down doesn’t necessarily know they will be living more than five weeks from now. “A lot of people in this chaotic situation aren’t sure yet where they will be on Election Day,” she says. (Common Cause supports the voter registration deadline being moved to as close as election day so people can re register new addresses as needed.)

Sylvia Albert, director of voting and elections at Common Cause, an elections watchdog group, said she believes disruption of the voting process is unlikely, but she shared the concerns of others that the counting process could be at risk. “There are strong laws on voter intimidation,” said Albert. “Counting comes into regular laws around disturbing the police or being in a group; there’s nothing specific on that issue. That’s not to say laws don’t cover it, they do – various laws cover being a nuisance but how that’s interpreted in the situation is going to vary by location.” Albert stressed that she did not believe it was probable there would be altercations at vote-counting sites, but she said: “I’m fearful of violence in a way that I was not in 2000.” “We have seen that the rhetoric on the right, both from the president and Republican lawmakers, has encouraged people to take up arms. And whether directly or indirectly, encouraged violence. And that was not happening from George Bush.”

Roberts’ institutional concerns were on display during the 2019 term, Common Cause attorney Sylvia Albert said. He was the justice most often in the majority, landing there in 96% of the court’s decided cases and in all but one of the 5-4 or equivalent decisions, a Bloomberg Law analysis shows. “Roberts really tried to thread the needle between the conservative and liberal sides of the bench,” Albert said.

Sylvia Albert, director of voting and elections for Common Cause, a voting rights group, said Roberts would likely seek a compromise in such a situation because he is “concerned with his legacy and trying to find a middle ground.”

“I think just like everybody else in the country, Justice Roberts is really, really hoping the election isn’t close,” said Sylvia Albert, the director of voting and elections at the good government nonprofit Common Cause. “He does not want to touch this with a 10-foot pole.”

“I can't imagine anyone will know on election night what's going to happen in Wisconsin,” said Jay Heck, executive director of Common Cause Wisconsin. Heck added that he doesn’t expect the state Legislature coming back into session to make changes.