Voting, Coronavirus, and the Constitution

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 29 May 2020

⏱️ 55 minutes

🔗️ Recording | iTunes | RSS

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Summary

Coronavirus has presented difficulties in holding presidential primaries this spring and will continue to pose challenges for the general election. Some states have responded by implementing vote by mail (although those decisions have brought logistical challenges like those that Pennsylvania currently faces) while some that have not are facing lawsuits. The U.S. Supreme Court also recently issued a ruling about voting in Wisconsin in April, RNC. v. DNC, which involved questions about counting absentee ballots amidst the risks that in-person voting might present. This episode explores those cases as well as the latest news surrounding how Americans will vote in the midst of the pandemic, and, broadly, what the Constitution and Supreme Court precedent require. Election law experts Ned Foley and Michael Morley join host Jeffrey Rosen to discuss. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We
0:08.2	the People, a weekly show of constitutional debate.
0:11.8	The National Constitution Center is a nonpartisan
0:14.5	nonprofit chartered by Congress to increase awareness and understanding of the
0:19.3	Constitution among the American people. The coronavirus is creating novel challenges for voting rights
0:28.0	and around the country we're seeing challenges surrounding absentee ballots and more.
0:35.0	Joining us to discuss the legal and constitutional dimensions of challenges to absentee voting and other issues arising out of the upcoming elections
0:45.4	are two of America's leading experts in election law and the Constitution.
0:50.5	Ned Foley holds the Ebersold chair in constitutional law at the Ohio State University
0:55.6	Mart School of Law, where he also directs the election law program.
0:59.6	He's the author of the new book Presidential Elections and Majority Rule, which he recently discussed in a great
1:05.3	town hall program.
1:07.1	Ned, thank you so much for joining me.
1:08.9	Yes, good to be with you, Jeff.
1:10.7	And Michael Morley is professor at Florida State University College of Law, where he focuses on election law, constitutional law, and federal courts.
1:19.0	He's participated in many election reform projects and is currently working on an article called
1:26.2	Election Emergencies voting in pandemics from the Spanish flu to COVID-19.
1:32.0	Michael, it is wonderful to have you back on the show.
1:34.0	Thank you for having me. Great to be here.
1:36.0	Let's begin with a 30,000 foot perspective on challenges to absentee ballots, which are arising around the country.
1:45.0	Ned, can you give us a sense of what is going on in the states and what's the legal dimensions of these challenges involved?
1:51.0	Sure.
	...

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