Election Day is coming, but even after the first Tuesday after the first Monday in November, the election isn’t truly over. In some states, vote counting can take days or even weeks. President Donald Trump seems certain to object to results he doesn’t like — which he has already started in Alaska — and he has threatened to mobilize the power of the federal government to support his efforts.
This is an anxious time for American voters: Will we have free and fair elections? Fortunately, there’s still one thing every American 18 and older can do to ensure their voice is heard: vote, said Eliza Sweren-Becker, associate director of the Brennan Center’s Voting Rights and Elections Program.
“I think that’s the intent. It’s to create a lack of confidence. It’s to discourage voter participation,” Sweren-Becker told Vox’s Astead Herndon America, actually. “But the only way this campaign to undermine our confidence and sow distrust will truly work is if voters stay home. The way to defeat this attempt to shake voters’ trust in our democracy is to participate.”
Swellen-Becker spoke with Asted about what states can do to speed up vote counting and ensure everyone has a chance to vote, the need to reinstate the Voting Rights Act and the long-term impact of Trump’s election denialism.
Below are excerpts from their conversation, edited for length and clarity. There’s a lot more to the full show, so listen America, actually No matter where you get your podcasts or watch them on Vox’s YouTube channel.
Let’s start with Election Day. More than a dozen states are counting late-arriving votes. President Donald Trump used the change in vote counts as an excuse to further his own claims of election interference.
Should people prepare for a long wait for November results? How does this affect confidence in the results?
You’re right, we may get results for states or certain races within a few days of Election Day. Voters should not expect final results on Election Day.
When you hear news reports that someone is ahead or someone is behind, remember: They haven’t counted all the votes yet.
The point is we need to count every vote, everyone’s vote needs to be counted.
So while some states do allow ballots to arrive after Election Day, they all must be cast before Election Day. The Supreme Court only this year said it was entirely appropriate for states to set their own deadlines for ballot collection. As American voters, we must be patient to get every vote counted and ensure that all voices are heard.
But isn’t it a little crazy that we can’t get results on election night? I saw Donald Trump referencing the Brazilian presidential election, and while I know he was doing so out of self-interest, I did think for a moment: Why is it taking so long for us to put these results together?
I totally understand why people want results faster. Frankly, could states do a better job of preparing and counting? certainly. But their resources are limited. They’re doing everything they can with the staff they have to prepare for the election, and then they’re working very hard to count the votes correctly and accurately as quickly as possible.
Could states change policies to allow preprocessing of ballots in some places to get results out faster? certainly. I’m not saying states shouldn’t change their policies to be more efficient. But given the rules we have in place, we need to make sure every properly cast vote is counted.
If I am someone concerned about election security and free and fair elections, what should I pay attention to?
For example, I’m hearing some anxiety about mail-in voting.
If you want to vote by mail, just know that your state may have a variety of voting options. You can certainly rely on the mail and have the USPS deliver your ballot, but of course, we know that mail can sometimes be delayed. Your state may have ballot drop boxes. You may drop off your ballot at an election official’s office or even at a polling place.
Yes, be sure to find out your options. Voters should also check their voter registration status. Make sure its current address is up to date. Of course, if you’re not already registered to vote, be sure to do so if you still have time to register in your state.
Everyone should participate. Our democracy works best when more people participate. If your registration date has not passed yet, don’t forget to register to vote. Vote with your friends, vote with your community, vote with your family. Voting should be a joy. I think it’s a really interesting civic experience.
I try to take my kids with me to vote because it’s exciting. They get stickers. Everyone loves stickers.
That’s half the reason I went.
This is also a reminder. You get the sticker and other people see you and they know it’s Election Day and maybe they go out and vote.
This is a way to become part of a community, invest in the community, and choose the leaders you want in your community.
What about after Election Day?
Earlier this year, Democrats and Republicans in Congress circulated a letter asking lawmakers to commit to recognizing state-certified winners and “oppose any attempt to deny or delay the seating of elected members.” Last year we saw House Speaker Mike Johnson delay the swearing-in of an Arizona representative;
It seems to me that maybe this is a preview of what’s to come. How worried should we be about these post-election attempts to prevent MPs from taking their seats?
I think these scenarios are extremely unlikely. I understand why people are concerned about them, but the reality is that states have their own certification processes that are set out in state law and must be followed. Whether states certify their elections is not an arbitrary decision. So once the new Congress is formed, we are confident that they will seat seats based on how voters actually voted.
Finally, I want to reflect on Trump’s consistent questioning of the integrity of our electoral system. If he doesn’t end up trying to actually steal the election, what will be the long-term impact of his relentless focus on the election and support for policies like the Save America Act?
Just because we’ve defeated this administration in so many courts, I don’t think this administration will stop this years-long campaign to cast doubt on our electoral system.
I think that’s the intention. This is intended to create a feeling of lack of confidence. This is intended to discourage voter participation. To some extent, I think the government has succeeded in creating some confusion or lack of confidence in the rules. But the only way this campaign to undermine our confidence and sow distrust will really work is if voters stay home.
The way to defeat this attempt to shake voters’ trust in democracy is to participate in our democracy, to stand up and make your voice heard, regardless of party or candidate. Suffice to say, we will not be afraid to participate in our democracy, but we will continue to seize it and take joy in it and demonstrate that we deserve a stronger representative democracy that works for all Americans.
What might happen to inspire trust in our electoral system? What reforms do you think might restore public confidence?
There are certainly steps Congress can take to create a nationwide voter access mechanism and ensure that someone’s right to vote does not depend on which state they live in. This includes fundamental reforms such as same-day registration, online voter registration, and universal access to mail-in voting that do not require strict excuse requirements that remain in place in many states.
I think it’s time for Congress to ban partisan gerrymandering. I also believe it is time to reinstate the Voting Rights Act and for Congress to enact a meaningful and enforceable statutory right to vote so voters can go to court and get real redress if their right to vote is burdened.
This was indeed undermined by the Supreme Court, but Congress can and should respond. They have the ability to do this. The Constitution gives Congress the power to set election rules. They should.