Common sense on vote-by-mail

Corvallis Gazette-Times

July 24

A federal appeals court gave a vote for common sense this month when it upheld Oregon's use of mail-in ballots.

An organization called the Voting Integrity Project and four individuals, including Fred Decker of Corvallis, had sued. They argued that Oregon's system violates a federal law that requires states to hold their elections for Congress and president on the same day. The suit contended that because many voters fill out and return their ballots a week or so before Election Day, Oregon isn't holding its election on a single day.

That argument failed in a trial court, and was rejected again this month by a three-judge panel of the Ninth Circuit Court of Appeals. Judge Andrew J. Kleinfeld saw some logic to the idea, but greater logic to the idea that Oregon's system defers the "final selection" of candidates to Election Day - which is both the last chance to cast ballots and the time when ballots are counted.

What matters, Kleinfeld wrote, is not when voters fill out ballots but when the election is "consummated." Also, Kleinfeld noted, Congress has long approved - and more recently required - use of absentee ballots. It would be difficult to reject the Oregon ballots and still allow absentee ballots.

Attacks on Oregon's vote-by-mail system have too often confused it with other flaws in the electoral system, such as inadequate voter registration methods. Fortunately, the Oregon Legislature this session provided $2 million for the first phase of centralized voter registration.

Last year's presidential election also opened eyes to other problems, from trouble-plagued punch-card ballots to inconsistent standards on military absentee ballots. Studies for the nation's election officials are turning attention to issues such as technology of ballots, expanding voter education and ensuring voters aren't left out.

Mail-in balloting, as practiced by Oregon, often uses the most favored technology, optical scanning. Mail-in ballots give voters time to study the candidates and issues; publicity about the ballots reminds voters (if candidate ads aren't enough) of the election; the convenience and flexible schedule of mail-in ballots help more people vote.

Any suggested weaknesses of mail-in ballots - potential for coercion by family members, for example - are shared by absentee ballots or due to problems with registration and verification, not the method of delivering ballots for counting.

Critics of Oregon's mail-in ballots can find more worthwhile targets in the nation's election system.