‘A qualified success.’ Let’s continue what worked in Tuesday’s primary and fix what didn’t

Amidst cries of voter suppression and concerns about the potential of massive lines at the polls, the reality on the ground on Tuesday was pretty good. Not perfect. Not ideal. But overall, the election was a qualified success.

That conclusion is not to minimize the concern about voters in Louisville being shut out at the poll closing time and banging on the doors to be let in; those voters were allowed to vote after a state judge issued a last minute injunction to keep the polls open until 6:30. It doesn’t excuse two-hour wait times in Lexington. It doesn’t forgive the fact that some voters probably did not show up because of the hassle of traveling a far distance to reach the one polling place in their county.

But we should also recognize the good news out of this election: no excuse absentee balloting improves turnout. So does early voting. Lines in most places were short. When we make it easier to participate, more people show up.

Kentucky typically has some of the most restrictive voting laws in the country. In a normal election, voters cannot vote early or via absentee ballot without an excuse. We have 12 hours of voting on a single day. Predictably, turnout is usually poor. And new for November, the Kentucky legislature has passed an unnecessary photo ID law, over the Governor’s veto, which will go into effect unless a judge puts it on hold. A pandemic is no time to add additional hurdles to the fundamental right to vote.

Going back to the prior rules this November and implementing the photo ID law would truly lead to voter suppression. Instead, we need to use what worked in this primary and expand upon it for the November election.

We must all demand that our election officials adopt no excuse absentee balloting for November. In fact, the state can make it even easier by just mailing every voter a ballot automatically, without forcing them to request one first. We should continue to have two weeks of early voting, but Lexington should follow Louisville and expand that option by not requiring an appointment to vote early, as it did this month. We must have additional in-person polling places. Although lines were short in most locations (besides Lexington), forcing people who want to vote in person to travel a far distance minimizes the likelihood that they will show up. The state should also change its poll closing hours to 8 p.m. to avoid the traffic congestion around the closing time that unacceptably ensnared some voters in Louisville.

My advice to the Governor, Secretary of State, State Board of Elections, and county clerks is quite simple: use what worked in June and fix the problems:

1. Allow for no excuse absentee balloting.

2. Provide two weeks of early voting, with at least one location that does not require an appointment.

3. Add in-person polling places.

4. Change the poll closing time to 8:00 p.m.

5. Delay implementation of the photo ID bill.

Voters also can take steps to ensure a smooth election in November:

1. Vote by mail if you are able. Let’s reserve in-person voting for those who truly need it.

2. Sign up to be a poll worker if you can. More voting locations are possible only if we have enough people to staff the polls.

After several days of national commentators and celebrities criticizing Kentucky for setting up a system that they thought would create massive voter suppression, the reality on Tuesday was a lot brighter. After the election, many people around the country pointed to Kentucky as a success story.

We can’t backslide now. #AllEyesOnKentucky became a trending hashtag on social media on Tuesday. All eyes saw what Kentucky can do through bipartisan, commonsense policies to expand voter access. Let’s show them again in November.

Joshua A. Douglas is a law professor at the University of Kentucky J. David Rosenberg College of Law. He is the author of Vote for US: How to Take Back Our Elections and Change the Future of Voting. Find him at www.joshuaadouglas.com and follow him on Twitter @JoshuaADouglas.

This story was originally published June 25, 2020 at 11:27 AM.