Trial News

Protecting the vote today is arguably more critical than ever. How can AAJ members help?

JOR: This is the election of our lifetimes, and I don’t say that lightly. Everyone needs to do everything they can to ensure the vote takes place—accurately and without issue. There are five things we want members to do:

1. Sign up to be a poll worker, where you will administer the election on behalf of your county. 
2. Work as a poll monitor, where you will work inside or outside of a polling location to make sure things are running smoothly. You will assist election workers in determining how to handle issues and report any unsolved issues to Election Protection for resolution.
3. Work as a call center volunteer through Election Protection to field calls from poll monitors and voters.
4. Travel to a battleground state that is in urgent need of poll monitors and people on the ground to protect the vote.
5. Prepare yourself to vote. Register to vote if you aren’t already registered or if you have moved; check your registration for accuracy; turn in your vote by mail if you will be volunteering or are unable to make it to the polls on Election Day; and make sure your family, staff, and friends do the same. Direct others to www.vote.org to quickly accomplish this task.

As Nov. 3 approaches, what are some early trends that you’re seeing?

JOR: We are already seeing a decline in election staff due to COVID-19. Historically, elections are managed by retired people—those 65 years and older. Because this age group has a higher risk of complications from COVID-19, many of them are no longer comfortable working elections. They have already stopped showing up in record numbers. It is imperative that younger people step in to fill the void. There is also a lot of controversy surrounding the postal service. As a result, returning ballots via mail may result in delays or the possibility that they won’t arrive in time to be counted.

What can we do now to combat poll worker shortages on Election Day due to the pandemic?

JOR: The most important thing we can do is volunteer as a poll worker. If we all volunteer to staff the election—and we have enough people administering the vote—we can help ensure adequate polling locations are available, which will reduce lines and give more people the chance to vote. Visit your county’s board of election website to sign up, or visit www.powerthepolls.com, and they will do it for you. It’s a very simple process to volunteer, and if selected you will receive training to get you up to speed for Election Day.

The next most important thing to do is work as a poll monitor with Election Protection or your local campaign office. The people filling these jobs will work inside or outside a polling location to monitor the voting process, the lines and other problems as they arise. Poll monitors are critical to protecting the vote: They inform the campaigns about problems voters and precincts encounter and help get those precincts resources so things can run smoothly. If a problem is unable to be resolved, poll monitors are the first link in the chain so that legal action can begin to get help for voters. Visit www.justice.org/vpac or https://electionprotection.wetheaction.org to sign up as a poll monitor. Training is also provided before the election for this role so you know exactly what to do.

What can we do to encourage people to volunteer?

JOR: Ask them. We have personal connections with people for a reason. Leverage those relationships and make a personal ask. People need to be “touched” several times before they take action, so keep asking. Share the urgency of this election cycle with everyone you know, in every way you know how, as many times as you can. It is easy to encourage others to get involved by sharing information electronically via email, text, and social media. Post often, and people will listen. When you post, make it easy for them—use the URLs in this article to take any guesswork or complications out of the process.

For people who may be reluctant or unable to volunteer for in-person activities, what role can they play virtually?

JOR: Members who are at high risk or who do not want to be in public due to COVID-19 can sign up to work the phones of the Election Protection Hotline as a call center volunteer, or be a roving poll monitor by driving around the city monitoring voting precincts. They can take calls from their home and speak to volunteers on the ground to help remedy situations. For example, voting machines can break, and precincts don’t always have backups. This causes lines to get really long and voters to get frustrated. Poll monitors contact call center volunteers to report the problem, and the call center volunteers work with local officials to get the machines replaced. If the volunteer is a rover, the process is essentially the same. All you need is a cell phone and a car. We have partnered with Election Protection on this initiative, and members will receive training to help them understand the process. Visit https://electionproction.wetheaction.org to sign up.

Is there a difference between absentee ballots and mail-in ballots? How can voters request a mail-in ballot?

JOR: Because each state has different rules and regulations, this type of voting can be classified in different ways depending on your state. The process of delivery and return is essentially the same, but different terms have been adopted as states have developed different rules around this process. Absentee voting was initially created for people in the military who were away from home and could not vote in person. It was later extended to others who could not vote in person, such as people with disabilities, people in hospitals, elderly people who are less mobile, college students, and even people who are traveling. All 50 states allow absentee voting. Some states require the voter to have a specific reason to request an absentee ballot, but it can be any number of reasons—perhaps the voter is having surgery that day. The reasons and requirements vary by state, but ultimately the voter requests the ballot, it is sent to them, and the voter returns it by mail.

Some states automatically mail ballots to all eligible voters without having to request one or complete an application. These states generally refer to this process as mail-in voting since you don’t need a special reason or excuse to do so. The eligible voter automatically receives a ballot, fills it out, and mails it in or returns it in a designated ballot drop box. Like absentee ballot rules, states have different requirements for mail-in voting, so make sure you’re familiar with your state’s process.

While many states offer mail-in voting, most Americans will cast their ballots in person on Election Day. With the spacing of people six feet apart due to COVID-19, lines will be even longer than normal. This is very intimidating to voters and thus may affect turnout. This only amplifies the need for poll workers and poll monitors. We’re in an all-hands-on-deck situation. Please sign up to help us fulfill this need. Go to www.justice.org/vpac for more information and to sign up.

AAJ’s Voter Protection Action Committee was established in 2010. How has the committee’s work evolved since then? What are some of the greatest challenges it has faced?

JOR: Julie Kane, my cochair, wisely created VPAC after witnessing the horrors of voter suppression taking place all over the country year after year. Since that time, the committee has grown through the help of our amazing staff and past chairs. VPAC’s focus has always remained constant: to protect the vote. We know that working with Election Protection is a great way to get lawyers into polling places all over the country, and we continue to partner with them. But, over time, we’ve learned that it is sometimes better to take a direct approach to volunteer placements by engaging with local campaign officials. In the past, we took a more top-down approach and worked with the national campaign, which then contacted local campaign workers to find out their needs. Now, we believe the better approach is a hybrid, and we also need to work directly with state and local campaign officials who know where people are needed because they are on the ground in those communities. We will always have an urgent need for placements on short notice from national campaigns, but we understand that with busy lawyers and volunteers from all over the country, more noticed is required and appreciated. This is especially true this year, as many people are limiting travel due to the pandemic. We will continue to make necessary adjustments to our voter protection program to provide our members with a variety of options to volunteer. VPAC has a strong group of lawyers from all over the country ready, willing, and eager to protect the vote.

Jackalyn Olinger Rochelle is an attorney at Maune Raichle Hartley French & Mudd in St. Louis, Mo., and can be reached at jrochelle@mrhfmlaw.com. Christine Mollenauer is the managing editor of AAJ’s Law Reporters.