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1 [1] (March 25, 2020)

handle is hein.crs/goveavt0001 and id is 1 raw text is: C o g e s o a R e s a r c S e r v i c e 0 Updated March 25, 2020 Disrupted Federal Elections: Policy Issues for Congress Introduction The coronavirus disease 2019 (COVID-19) outbreak has renewed interest in how election administrators and political campaigns prepare for emergencies and natural disasters. Some states have postponed primary elections. Political campaigns have expanded online outreach in lieu of in-person events. According to media reports, national party conventions are proceeding as scheduled, but contingency plans are under consideration. Legislation has proposed additional funding and voting options in federal elections. As of this writing, legislation and elections planning are changing daily. This product will be updated periodically. This updated CRS In Focus briefly introduces historical and policy issues that could be relevant for congressional oversight, legislation, or appropriations related to what this product calls disrupted elections. This term means events such as natural disasters, other emergencies, or cyberattacks that could substantially delay or prevent normal voting, election administration, or campaigning. Disrupted elections do not necessarily mean that election administration or voting results are flawed. Routine events, such as recounts, can delay final results. Even under normal circumstances, certifying final results occurs well after Election Day. In addition, election administrators routinely prepare for unexpected circumstances before, during, and after Election Day. Although not the focus of this product, more traditional delays (e.g., simple equipment failures, long lines, or new administrative procedures) may raise similar policy issues to disruptions arising from disasters or emergencies. Constitutional or legal issues not addressed here also could be relevant. Other CRS products are available to Congress. 1 16t Congress Legislation Several bills introduced in the 116th Congress could be relevant for disrupted elections. The following bills contain provisions specifically related to emergencies, such as COVID-19 response. * S. 1397 would require states to accept a federal write-in ballot. Currently, the only such ballot is the Federal Write-In Absentee Ballot (FWAB), a backup federal ballot for military and overseas voters (discussed below) whose state ballots do not arrive on time. * S. 3440 and H.R. 6202 would require states to establish voting contingency plans for, and require states to accept absentee ballots during, certain declared emergencies. S. 3529 contains similar contingency and absentee voting provisions, and would extend additional nttps://crsreport voting options and requirements to subsequent federal elections. * As of this writing, additional legislative activity responding to the COVID-19 outbreak is anticipated. A draft Senate amendment to H.R. 748, the anticipated vehicle for an appropriations measure, reportedly would provide $400 million in election security grants to the Election Assistance Commission (EAC), to be distributed to states. In addition, Division L of H.R. 6379 contains several elections provisions. Among others provisions, the bill would require states to establish contingency plans; provide early voting and vote-by-mail options in federal elections; provide same- day registration; and provide absentee ballots to voters affected by emergencies. Selected Recent Examples COVID-19 is a recent and prominent example of election disruption, but is by no means the only such example. * Super Typhoon Yutu struck the Commonwealth of the Northern Mariana Islands (CNMI) approximately 10 days before Election Day 2018. That election included one federal contest, for U.S. House Delegate. Governor Torres issued an executive order postponing the general election and early voting. This episode appears to be the only case of a postponed federal general election in modern history. * On March 3, 2020, Tennessee voters awoke to tornado damage hours before Super Tuesday voting began. State and local election administrators quickly directed affected voters to alternate sites. Also on March 3, the Associated Press reported voting by flashlight after storms caused a power outage at a Bibb County, Alabama, polling place. * States may choose to offer additional voting resources in response to disrupted elections. After Hurricanes Katrina and Rita, for example, state election administrators conducted national outreach to inform voters of absentee voting and remote polling places. * The COVID-19 outbreak has affected election administration and voting. For example, fears of infection reportedly led to Super Tuesday poll worker absences in California and Texas. In both states, media reports indicated that the jurisdictions were prepared for absences and that election administration continued smoothly. * Election administrators in several states are developing or revising contingency plans in response to the COVID-19 outbreak. In some cases, these plans reflect long experience maintaining election continuity after .congress.gov

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