By Taylor Lansdale and Casandra Hockenberry, CSG Overseas Voting Initiative
On April 24, the United States Postal Service (USPS) issued an alert listing service suspension around the world as a result of the COVID-19 pandemic. USPS is suspending acceptance of mail, until further notice, from 27 countries due to foreign postal operator suspensions. The notice also listed suspensions of mail services to 84 countries as a result of a lack of transportation. The same alert also listed several Diplomatic Post Offices as closed.
These suspensions come as election officials are grappling with the implications of COVID-19 stateside — with many states delaying election dates and/or expanding their absentee voting rules. Twenty states only allow for ballot return by mail for voters who fall under the protection of the Uniformed & Overseas Absentee Voting Act (UOCAVA), a federal law that covers voting rights for active-duty military and their families as well as U.S. citizens residing overseas. If these suspensions continue throughout the year, many voters may be left without a way to return their ballots.
Per UOCAVA, blank ballots must be transmitted to a voter at least 45 days before an election. States must also make available an option for electronic transmission of election materials, including a blank ballot. If a voter does not request electronic transmission of their blank ballot, many states will only supply voters with a copy via postal mail. Most states allow for some form of electronic submission of the Federal Post Card Application (FPCA), which can be used by military and overseas voters to both register to vote and to request a blank ballot. However, the method of transmission of a voted ballot or Federal Write-in Absentee Ballot is decided by the state in which the voter is registered.
Military mail is returned to the U.S. via the USPS in concert with Army Post Office, Fleet Post Office and Diplomatic Post Office operations. The military and diplomatic postal operations transport military and diplomatic mail to commercial airlines and cargo planes. The USPS then takes responsibility for delivery. With a widespread decrease in commercial air travel, it is unclear what effect this lack of transportation will have on military ballots. Overseas voters can drop their ballots at embassies for transmission through Diplomatic Pouch, but many voters aren’t within a reasonable proximity to an embassy. It is also worth noting that, for security reasons, mail coming into an embassy is often put through rigorous security testing. This testing can cause damage to the election materials that results in Local Election Officials rejecting the ballot per state statutory requirements.
State election officials are working against the clock to adopt alternate options in light of COVID-19-related global mail disruptions. State and local election officials should contact their UOCAVA voters to educate them on the availability of electronic blank ballot transmission. States should also continue to educate these voters about shifting deadlines. Electronic means of voted ballot return are controversial due to the potential for cybersecurity vulnerabilities. However, if there is a global mail disruption due to COVID-19 and there is no alternative method of return transmission, voters could be disenfranchised.