Potential loophole in the law may have people thinking twice about voting by mail

Even in a normal year, mail-in ballots take more time to count. This year, there will be millions more.

News 12 Staff

Sep 25, 2020, 2:56 AM

Updated 1,401 days ago

Share:

There is a potential loophole in the law that may have Americans thinking twice about voting by mail.
That loophole preys on the anticipation that due to the COVID-19 pandemic, more Americans will be voting by mail on a scale like never before.
Even in a normal year, mail-in ballots take more time to count. This year, there will be millions more.
The Constitution provides that each state must have electors as part of the electoral college.
Since the late 1800s, every state has ceded the decision to its voters. This election year, President Donald Trump could upend that tradition.
Sources in the Republican Party say the president's campaign is talking about contingency plans to bypass election results. They are allegedly looking to appoint loyal electors in battleground states like Pennsylvania, North Carolina and Ohio.
Those Republican legislators could certify the election for Trump under the Constitution, and ultimately give him the electoral college win. The president has made multiple claims of rigged results with mail-in votes.
If official results are delayed because of the large mail-in vote, it's within the power of state legislators to cast that deciding vote to judge what they believe voters intended.
A legal adviser for Trump's campaign says appointing electors can protect the people's will.
News 12 spoke with Pace Law professor Bennett Gershman, who questions whether our democracy can survive this election.
"It's theoretically possible that corrupt electors in the particular states say we're upholding democracy, and the way we see democracy is Democrats cheated, the Republicans won, mail-in votes are fraudulent and so if these electors want to say that — what's to stop them?" asks Bennett.
The pandemic is exacerbating this issue, leaving voters having to choose between protecting their health by mailing in a ballot or risking their health by going to the polls on Election Day.
"I'll be voting in person because that's the only way I trust my vote to get in," said Tom Sabol of Yonkers.
Abdul Seck, also of Yonkers, said the same.
"I'd rather vote in person honestly because that way my ballot is more secure," he said.


More from News 12
1:52
Hudson Valley doctors warn of listeria dangers following multi-state outbreak

Hudson Valley doctors warn of listeria dangers following multi-state outbreak

2:04
Sunny skies and warm temps for Saturday in the Hudson Valley

Sunny skies and warm temps for Saturday in the Hudson Valley

0:38
Multimillion-dollar transformation on the way for sections of Hudson Valley

Multimillion-dollar transformation on the way for sections of Hudson Valley

0:49
New basketball documentary film 'The Process' has ties to Westchester

New basketball documentary film 'The Process' has ties to Westchester

0:49
Olympic watch party in Pomona cheers on Rockland athletes

Olympic watch party in Pomona cheers on Rockland athletes

0:32
Veteran firefighter who suffered stroke receives warm welcome home

Veteran firefighter who suffered stroke receives warm welcome home

0:17
Yorktown police sergeant celebrates final walkout following 2 decades of service

Yorktown police sergeant celebrates final walkout following 2 decades of service

1:40
Lithium-ion battery fire blamed for closure of Newburgh tailor shop

Lithium-ion battery fire blamed for closure of Newburgh tailor shop

0:52
Slate Hill family of 5 loses home in afternoon blaze

Slate Hill family of 5 loses home in afternoon blaze

0:37
2 people charged in Middletown narcotics; firearms bust

2 people charged in Middletown narcotics; firearms bust

1:30
Motorcycle, van crash in Greenburgh causes serious injuries

Motorcycle, van crash in Greenburgh causes serious injuries

0:56
News 12 probes mystery cloud traced to Orange County & seen throughout tri-state area

News 12 probes mystery cloud traced to Orange County & seen throughout tri-state area

1:02
Hillcrest Fire Department receives 2,000 cans of drinking water, courtesy of Anheuser-Busch

Hillcrest Fire Department receives 2,000 cans of drinking water, courtesy of Anheuser-Busch

1:37
Storm Watch Team Meteorologist Skyler Harman strikes down lightning myths

Storm Watch Team Meteorologist Skyler Harman strikes down lightning myths

2:33
Can swimming become dangerous due to extremely high water surface temperatures?

Can swimming become dangerous due to extremely high water surface temperatures?

0:32
NYC officials: Westchester caseworker’s death ruled a homicide

NYC officials: Westchester caseworker’s death ruled a homicide

0:40
State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program

State, federal lawmakers introduce legislation to shorten funding gap for World Trade Center Health Program

0:34
Ex Frito-Lay employee files defamation lawsuit against PepsiCo claiming he invented ‘Flamin’ Hot Cheetos

Ex Frito-Lay employee files defamation lawsuit against PepsiCo claiming he invented ‘Flamin’ Hot Cheetos

0:40
Executive orders still in place preventing Rockland County and Orange County hotels from converting into migrant shelters

Executive orders still in place preventing Rockland County and Orange County hotels from converting into migrant shelters

0:34
Finger in salad lawsuit against Chop’t discontinued

Finger in salad lawsuit against Chop’t discontinued