EXPERT Q&A

The 2024 presidential elections—at least according to several polls—will be a close race, which means some votes could make a difference in the outcome, especially in swing states.

Some people might not know that tougher election laws were enacted last year after Republicans pushed for stricter rules in 2020. Barbara McQuade, professor from practice at the University of Michigan Law School, said voters must be proactive about checking their voter registration and confirming poll locations, which sometimes change.

How concerned should we be about Election Day problems?

In light of the aggressive challenges to election results we saw in 2020, as well as disinformation and influence campaigns by hostile foreign adversaries, we should be very concerned about potential problems on Election Day. In response to baseless claims of voter fraud in 2020, several states passed new laws making it more difficult to vote in the name of election security. In addition, some clerks have expressed concerns about delays in mail delivery that could prevent some mail-in ballots from being counted.

What have states done to publicize voting guidelines?

In Michigan, Secretary of State Jocelyn Benson has been actively working to enlist community ambassadors to pre-bunk disinformation and help voters find resources for good information about how to vote. But in other states, more restrictions on voting to reduce alleged voter fraud are leading to purges of voter rolls, restrictions on voting by mail and reductions in ballot deposit boxes. Voters should check early to determine whether they are registered and to learn the current options for casting a ballot in their state.

Can you address the 14th Amendment, which protects citizens’ rights yet many people cannot vote for reasons beyond their control?

The 14th Amendment provides for equal protection of the law, among other things. This includes the right to vote. We cannot be denied the right to vote based on race, gender, religion or other arbitrary factors. However, states may restrict the right to vote with a rule that is narrowly tailored to achieve a compelling government interest. For example, some states restrict the rights of felons to vote.

What should voters—as well as unregistered voters—do to ensure they can vote either in person or by absentee ballot?

In Michigan, eligible voters may register to vote through Election Day. Other states require voter registration in advance. Voters should check their status through their Secretary of State’s website or their local clerk’s office. Voters should also check their polling location, which may move from election to election, and work to line up transportation if needed. Voters should learn whether identification is required at the polls, as it is in Michigan, and seek to obtain an appropriate form of ID well before Election Day. Applying for a driver’s license or state-issued ID can be a project in itself, one of the reasons ID requirements are controversial.

How should people handle situations on Election Day if they are denied an opportunity to vote at the polls?

On Election Day, it can be more difficult to obtain assistance from busy clerks’ offices. Some polling places may have volunteers who will assist voters in casting a ballot or obtain a ride to a different polling location if needed. Most states allow voters to cast a provisional ballot if they are turned away from the polls and the voter believes they are eligible to vote. That way, if the voter was indeed eligible, then their ballot will still be counted.