Friday, August 14, 2020

The Bluenami Tsunami Meets The Blue Shift

As I said yesterday, we're likely in for ore of Election Month than we are Election Day in November. It may take weks to count all the mail ballots, and the big Democratic voter shift to voting by mail is going to be the future of elections in the 21st century as The Atlantic's David Graham explains.

As polling places closed on November 6, 2018, the expected “blue wave” looked more like a ripple. Not only had some of the highest-profile Democratic candidates lost, but the party’s gains in the House and the Senate looked smaller than anticipated.

The wave, it turned out, simply hadn’t crested yet. Over the ensuing weeks, as more ballots were counted, Democrats kept winning races—eventually netting 41 House seats. In Arizona, the Republican Martha McSally conceded the Senate race to the Democrat Kyrsten Sinema, who picked up more than 70,000 votes in post–Election Day counting. Democrats narrowed deficits in races in Florida and Georgia too. Republicans were stunned.

“California just defies logic to me,” then-Speaker Paul Ryan said in late November. “We were only down 26 seats the night of the election and three weeks later, we lost basically every contested California race.”

This sort of late-breaking Democratic vote is the new, though still underappreciated, normal in national elections. Americans have become accustomed to knowing who won our elections promptly, but there are many legitimate votes that are not counted immediately every election year. For reasons that are not totally understood by election observers, these votes tend to be heavily Democratic, leading results to tilt toward Democrats as more of them are counted, in what has become known as the “blue shift.” In most cases, the blue shift is relatively inconsequential, changing final vote counts but not results. But in others, as in 2018, it can materially change the outcome.

Although it is slowly dawning on the press and the electorate that Election Day will be more like Election Week or Election Month this year, thanks to coronavirus-related complications, the blue shift remains obscure. But the effect could be much larger and far more consequential in 2020, as Democrats embrace voting by mail more enthusiastically than Republicans. If the public isn’t prepared to wait patiently for the final results, and if politicians cynically exploit the shifting tallies to cast doubt on the integrity of the vote, the results could be catastrophic.

Imagine that as November 3, 2020, ticks away, President Donald Trump holds a small lead in one or more key states such as Pennsylvania—perhaps 10,000 or 20,000 votes—and seems to have enough states in his column to eke out an Electoral College win. Trump declares victory, taunts Joe Biden, and prepares for a second term. But the reported results on Election Night omit tens of thousands of votes, including provisional ballots and uncounted mail-in votes. Over the coming days, as those votes are counted, Trump’s lead dwindles and eventually disappears. By the end of the week or early the next, Biden emerges as the clear victor in Pennsylvania—and with that win, captures the race for the presidency.

If that’s how things unfold, Trump is unlikely to take defeat snatched from the jaws of victory graciously. He has already spent months attempting to delegitimize the election system. So imagine that he instead cries fraud and insists he’s the target of a criminal Democratic coup. What if he encourages his supporters to take to the streets, where there are violent clashes between partisans? He might even urge the Republican-led Pennsylvania General Assembly to submit a slate of Trump-backing electors, citing the Election Day returns, even if the full tally clearly shows Keystone State voters chose Biden.

The hypothetical of a blue shift reversing the early projected winner is the “nightmare scenario,” according to the election-law expert Rick Hasen. Either Trump or Biden could win by a sufficient margin to make the result clear on Election Night; it’s also possible that multiple states might see a decisive post–November 3 blue shift, creating even more chaos.

“You don’t need to worry about Russia,” Edward Foley, a law professor at Ohio State, told me. “Simply anxiety over a blue shift and willingness to litigate about it and fight about it could cause a raging contestation over a presidential election.

In other words, November 2020 could make November 2000 look like a walk in the park, and there's no reason for me to believe the outcome if the voting goes to the Supreme Court that it would be any different than 2000.

We have to win in numbers too big to ignore.

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