By NADINE JOHNSON
ACLU Kansas
During this unprecedented year, it is only natural that we should face an unprecedented election.
It is the first in most of our lifetimes to occur during a pandemic, and one in which an unprecedented number of Kansas and nationwide voters will cast mail-in ballots. While we are accustomed to watching the results roll in on election night, this time, it may take days — possibly even weeks — to determine a winner.
We all should be OK with that. Accessibility and accuracy are far more important during a close election than immediate results.
As of Monday, the Kansas Secretary of State had mailed 508,187 advance ballots. That’s more than two and a half times the number of mail-in ballots sent to voters in 2016, a positive response by responsible county election officials in the face of the COVID-19 pandemic.
The Secretary of State’s office predicted 70% of the state’s 1.9 million eligible voters will cast ballots in Tuesday’s general election.
Even before the pandemic, voting by mail was becoming more common nationwide, but it is more popular than ever this year because it provides a safe, secure and convenient way to cast a ballot.
When the pandemic started, 34 states including Kansas had laws permitting all eligible voters to cast their ballots by mail in November — leaving 16 that did not. The ACLU sued and helped ensure that five of these 16 states — Missouri, Alabama, Connecticut, Kentucky and South Carolina — expanded vote-by-mail eligibility to all voters for the general election.
It is a good thing that vote by mail has become more accessible — all eligible voters should have this option, pandemic or not. Still, more mail-in ballots means more time spent counting, because these ballots take longer to process. While Kansas is again leading on this issue, being one of 17 states that permits pre-Election Day processing of mail-in ballots, other states do not begin this process until the polls close on Election Day. This means we may not have a winner on election night. Again, this is not a bad thing. A lag in results is an indication the process is working as intended. Every vote must count.
That does not mean media pundits or even the candidates themselves will not preemptively declare victory. But just because someone says they are the winner doesn’t make it true. Any results reported on election night will be based disproportionately on votes cast in person, as mail-in votes continue to be counted. And there’s a distinct partisan divide based on voting method: A Pew Research survey found that 17% of Trump supporters prefer to vote by mail compared to 58% of Biden supporters. Results based on in-person votes will inevitably skew along partisan lines. One candidate could easily win the majority of in-person votes, but could ultimately lose once all mail-in ballots are counted. And remember: Voters, not candidates or pundits, decide the winner.
Announcing a winner too soon is not just likely to be inaccurate, it is potentially dangerous.
Conflicting election result reports could undermine election integrity and chip away at voter trust. We must temper our expectations and prepare for many days, possibly even weeks, before a winner is announced. While it is not typically reflected in the nonstop metabolism of our news cycle, patience is a democratic virtue.
It takes more time to process mail-in ballots, for mundane reasons such as taking the ballots out of envelopes, and to apply security protocols to verify each mail-in ballot, just as ballots cast in person are also subject to verification. Ensuring security and accuracy means more time.
We may also see delays at the polls, which will have their own pandemic-related adjustments to keep voters and poll workers safe. These safety measures should be commended and supported. Despite those 500,000-plus mail-in ballots already sent out and more than 318,000 votes already cast in person in Kansas, we also are expecting high turnout numbers in Kansas and across the nation. This is a good thing: Our democracy is strongest when all voices are heard. But taking necessary safety precautions and counting every vote may mean delays in official results.
While some delays are inevitable, there are ways we can help the process run more smoothly. All voters, whether voting in person or by mail, should have a voting plan. We can mentally prepare ourselves for a long wait in declaring the winner so we know to dismiss any premature claims of victory. It is important to remember that we, the people of Kansas, have the power, and the more of us who vote, the more sound our democratic process.
The goal of any democratic election is to represent the will of the people, and to achieve that goal, we must count every single vote. Every Kansas voter’s voice deserves to be heard. We should prepare for an extended election process to make sure that happens.
Nadine Johnson is the executive director of the ACLU of Kansas. Prior to joining the ACLU in June 2019, Nadine worked at Google in Los Angeles, where she handled strategic operations and community engagement.