by Christopher Cooper
For now, I’ll let other people, like Hasen, debate the legality of the President dictating election law (a power that is not given to him in the Constitution), and the wisdom of directing the USPS to vet voter lists, and I’ll focus on the 60 day provision (see the clip below).
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Under the EO, states would have to submit to the USPS a list of mail voters at least 60 days before an election. This will create real problems that will affect voters of both parties.
For example, Hurricane Helene hit Western North Carolina 39 days before the 2024 election. If this EO was law at that point, Helene victims would have had no way to request a mail ballot after they were displaced by the worst storm in 100 years.
The same thing would be true for other disasters, people who are have accidents and become house-bound, people who have to leave town suddenly to temporarily care for elderly parents or family, people who are called into military service and any other number of reasonable, normal, unanticipated parts of life.
If it happens within 60 days of the election, the EO would give no ability to adjust.
