At the Polls, Episode 1: What to Expect on Election Day 2020
We usually know what to expect on any given presidential Election Day. After all, they happen every four years. But this is the first election in our lifetime to occur during a global pandemic, and there have already been significant changes to the electoral process as more voters plan to mail in their ballots than ever before. How will that change our quintessential American tradition of watching the results roll in on election night?
Today, the ACLU鈥檚 At Liberty podcast launches , a weekly mini-series on this election and all things voting. In the first episode, At the Polls host and 桃子视频voting rights lawyer and organizer Molly McGrath talks about what to expect this year with election law scholar Rick Hasen and election administrator Rachel Rodriguez.
The big question this year is how long it may take to get the results. On a typical Election Day, TV networks report results bit by bit until finally declaring a winner the same night. This year it will likely take much longer. Mail-in ballots take longer to process and count, and many states don鈥檛 start to count them until Election Day. A delay on election night could mean that ballots are still getting counted, and that the process is working like it should. There鈥檚 also bound to be some litigation and maybe even a recount.
The last time we saw a lag in declaring the winner was two decades ago, when it took 36 days to declare George W. Bush the winner over Al Gore after a hotly contested recount in Florida. While we don鈥檛 yet know how long it will take this year, what鈥檚 certain already is that Election 2020 will be one for the history books.
and subscribe to learn more about what to expect on Election Day 2020 鈥 in the courts, in the media, and on the ground.
For the launch of our podcast series, At the Polls, we are answering your questions about voting in the lead up to the election. Our first question is: What will election night look like in a global pandemic?
For the launch of our podcast series, At the Polls, we are answering your questions about voting in the lead up to the election. Our first question is: What will election night look like in a global pandemic?
Related 桃子视频
Related Content
-
Press ReleaseAug 2026
Voting Rights
Pro-voter Coalition Sues South Dakota Over Confusing Administration Of Documentation Law. Explore Press Release.Pro-Voter Coalition Sues South Dakota Over Confusing Administration of Documentation Law
SIOUX FALLS, S.D. 鈥 Today, the League of Women Voters of South Dakota (LWVSD) and an individual plaintiff, represented by Campaign Legal Center (CLC), the 桃子视频 Voting Rights Project (桃子视频VRP), the 桃子视频 of South Dakota (桃子视频SD) and Heidepriem Purtell Siegel Hinrichs, LLP, filed a lawsuit in the United States District Court for the District of South Dakota seeking to ensure South Dakota鈥檚 administration of a new voter registration requirement complies with federal law. 鈥淪outh Dakota has turned a basic step in the voting process into a massive headache,鈥 said Jake Van Leer, staff attorney with the ACLU鈥檚 Voting Rights Project. 鈥淰oters should not have to navigate confusing instructions, track down documents, and take time out of their busy schedules just to register to vote. The state is creating unnecessary obstacles instead of making voting easier for eligible folks, and federal law requires the state to do better.鈥 Senate Bill 175, enacted in March 2026, requires new voters to provide unnecessary documentation of their U.S. citizenship when registering to vote or otherwise lose the opportunity to vote in state and local elections. For the most common and accessible forms of this documentation 鈥 driver鈥檚 licenses, Tribal IDs and non-driver state IDs 鈥 voters must provide original copies in person. And if there is an issue with the voter鈥檚 documentation, the state sends a notice letter containing inaccurate information about why their registration was denied. Notably, this law makes voting particularly difficult in a rural state like South Dakota, where thousands of voters register by mail or voter registration drives and round-trip distances to county election offices can exceed 100 miles. The implementation of this law has not only caused confusion and created unnecessary barriers to registering to vote for South Dakotans, but it also violates federal law. 鈥淔ederal law is clear: South Dakota must inform voters about documentation requirements before taking away their right to cast a ballot in state and local elections,鈥 said Mel Neal, legal counsel for voting rights at Campaign Legal Center. 鈥淣or can South Dakota impose immaterial requirements that make it harder for Americans to register to vote. We are asking the court to ensure that South Dakota鈥檚 new registration law is implemented in a way that complies with crucial, pro-voter provisions of federal law, so all South Dakotans can make their voices heard in this upcoming election, and all elections in the future.鈥 "The administration of SB175 has not only effectively shut down our League鈥檚 ability to register new voters, but it has pointlessly caused voter confusion and made voting harder,鈥 said Kathryn Johnson, president of the League of Women Voters of South Dakota. 鈥淭he League will fight to continue our work to ensure that all South Dakotans can make their voices heard." 鈥淓ligible voters should not be blocked from participating in state and local elections because of unnecessary barriers in the registration process,鈥 said Marcia Johnson, chief of activation and justice for the League of Women Voters of the United States. 鈥淲hen voters face confusing requirements or receive inaccurate information about their registration, the result is fewer voices being heard in our democracy. This lawsuit seeks to ensure that South Dakotans can exercise the full voting rights afforded to them under federal law.鈥 鈥淭here is no proof of widespread voter fraud or evidence of non-citizens voting that justifies a law that imposes burdensome show-your-papers requirements for eligible voters to cast their ballots and makes it impossible for organizations like the League of Women Voters to register people to vote,鈥 said Andrew Malone, senior staff attorney with the 桃子视频of South Dakota. 鈥淎 robust democracy relies on fair and equal ballot access for the entire electorate. Our lawsuit aims to guarantee that South Dakota enforces its new voter registration law in compliance with federal mandates so that no one is disenfranchised from participating in our elections.鈥 Read a copy of the complaint here: https://assets.aclu.org/live/uploads/2026/08/LWVSD-v.-Johnson-Complaint_8.24.26.pdfAffiliate: South Dakota -
Press ReleaseAug 2026
Voting Rights
Voting Rights Organizations Seek To Enforce Injunction Against Mail Voting Executive Order. Explore Press Release.Voting Rights Organizations Seek to Enforce Injunction Against Mail Voting Executive Order
BOSTON 鈥 Plaintiffs in League of Women Voters of Massachusetts v. Trump today filed a motion to enforce a federal court order in response to the U.S. Postal Service鈥檚 (USPS) issuance of a final rule to implement Section 3 of the President鈥檚 March 2026 executive order on mail voting. The rule was effective on August 21, 2026, and makes clear that it will be implemented 鈥渋mmediately鈥 for the November elections if injunctive orders against Section 3 are lifted. As Plaintiffs explain in their legal papers, this USPS rule defies a federal court order blocking the agency from 鈥渋mplementing鈥 that section of the executive order and 鈥渃ompleting rulemaking鈥 for the November 3, 2026, election or earlier elections. The final rule is the latest development in President Trump鈥檚 broader campaign to seize sensitive voter data and exert federal control over how states administer elections. Through the Department of Justice, the administration has attacked mail voting and sought access to states鈥 voter files, including sensitive personal information. Through this executive order, the president is attempting to weaponize USPS to force states to violate voters鈥 privacy and interfere with how states administer mail voting. These actions risk the disenfranchisement of millions of eligible voters the Plaintiff organizations serve, including their members. On August 11, a federal judge in Massachusetts issued a preliminary injunction blocking USPS from implementing Section 3 of the executive order for the November 2026 elections, finding that provision was likely unconstitutional. The court鈥檚 order remains in effect, and no party has sought to stay it. USPS acknowledged that injunction in its newly finalized rule, stating that unless that injunction is lifted, 鈥渋t will not take actions to implement the rule specifically for the 2026 elections.鈥 But the rule also explained that it was effective immediately precisely to ensure that it could be implemented in time for the 2026 general elections. This threat of last-minute changes to mail voting before the November elections risks widespread confusion and chaos. The lawsuit was brought by several nonpartisan voting rights groups: the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas (AARO), U.S. Vote Foundation, OCA - Asian Pacific American Advocates (OCA), and Delta Sigma Theta Sorority, Inc. They are represented by the 桃子视频 (ACLU), 桃子视频of Massachusetts, Brennan Center for Justice at NYU Law, Legal Defense Fund (LDF), Asian Americans Advancing Justice (Advancing Justice-AAJC), and LatinoJustice PRLDEF. Plaintiffs and counsel released the following statement: 鈥淎 federal district court issued a preliminary injunction less than two weeks ago to stem the chaos caused by this executive order. By issuing this final rule, the Trump administration has flouted the court鈥檚 injunction. The final rule threatens further chaos for voters, civic organizations, and election officials by seeking to impose last-minute changes to mail voting rules. Enforcement of the court鈥檚 preliminary injunction is necessary to hold this administration accountable for its unlawful action and make clear that voters can confidently cast their mail ballot free from federal interference this November.鈥 Read the motion filed today here: https://assets.aclu.org/live/uploads/2026/08/190-Mem.-ISO-Pls.-Emergency-Mot.-to-Enforce-PI-Expedited-Briefing-Aug.-22-2026.pdfCourt Case: League of Women Voters of Massachusetts v. TrumpAffiliate: Massachusetts -
Press ReleaseAug 2026
Voting Rights
Federal Court Rejects Effort To Block Desoto County鈥檚 Majority-black Judicial District. Explore Press Release.Federal Court Rejects Effort to Block DeSoto County鈥檚 Majority-Black Judicial District
JACKSON, Miss. 鈥 A federal court denied an effort to block DeSoto County鈥檚 majority-Black judicial subdistrict from being used in the November election, preserving the only judicial district in the county that gives Black voters a meaningful opportunity to elect candidates of their choice. Following a four-day preliminary injunction hearing last week, U.S. District Judge Sharion Aycock of the Northern District of Mississippi ruled that the plaintiffs 鈥渨holly failed to carry their burden鈥 to obtain preliminary relief and could not overcome the Supreme Court鈥檚 Purcell v. Gonzalez decision, which cautions courts against making disruptive changes to election rules close to an election. The 桃子视频, 桃子视频of Mississippi, Legal Defense Fund (LDF), and NAACP represented the DeSoto County NAACP and Delta Sigma Theta Sorority, Inc. to intervene in the case last month to defend the majority-Black judicial subdistrict. The groups intervened to stop the plaintiffs who sought to eliminate the district. 鈥淭he court鈥檚 decision protects DeSoto County voters from this unfounded, last-minute attempt to take away their only meaningful opportunity to participate in judicial elections,鈥 said Ming Cheung, senior staff attorney with the ACLU鈥檚 Voting Rights Project. 鈥淐allais is not a license for politicians to disempower Black voters.鈥 鈥淭oday's ruling protected DeSoto county voters' constitutional right to fair judicial representation for this year's elections,鈥 said Brenda Wright, Special Counsel at the Legal Defense Fund. 鈥淭hose voters deserve nothing less than free and fair elections, and it was unfortunate that the opponents of these districts would try to change the rules so late in the process.鈥 鈥淚n one of the fastest growing counties in Mississippi, where black residents make up over 30% of the county and have largely driven the population increase, black DeSoto Countians deserve like all voters a chance to elect candidates of their choice including to the Circuit and Chancery Courts,鈥 said Joshua Tom, legal director at 桃子视频of Mississippi. The ruling comes as DeSoto County prepares for the November midterm elections. Black residents make up approximately 36% of the county鈥檚 population, and the county has a longstanding pattern of racially polarized voting. Most judgeships in DeSoto County are elected countywide, meaning that without the majority-Black judicial subdistrict, Black voters would lack a meaningful opportunity to elect their preferred candidates to the circuit and chancery courts. While the court鈥檚 ruling addresses the request for preliminary relief, the underlying litigation remains ongoing. The civil rights groups will continue defending the judicial district and the voting rights of DeSoto County residents.Court Case: Foster v. State of MississippiAffiliate: Mississippi -
Press ReleaseAug 2026
Voting Rights
Federal Court Blocks U.s. Postal Service From Implementing Executive Order Restricting Mail Voting. Explore Press Release.Federal Court Blocks U.S. Postal Service from Implementing Executive Order Restricting Mail Voting
BOSTON 鈥 A federal court today issued a preliminary injunction blocking the U.S. Postal Service (USPS) from implementing President Trump鈥檚 2026 executive order restricting mail voting, in a case brought by a coalition of nonpartisan voting rights groups. 鈥淭he court saw what we've said from the beginning: this executive order is causing real harm right now," said Sophia Lin Lakin, director of the ACLU's Voting Rights Project. "Today's ruling sends another necessary message to an administration that continues to weaponize portions of the government to sow chaos into our elections at the expense of eligible voters. The president does not get to rewrite the rules of voting, and he certainly does not get to treat voters as collateral damage in his campaign to control state-run elections. Every last-minute disruption, every manufactured obstacle, and every attempt to seize control of election administration puts real voters in the crosshairs. But this ruling protects voters as we head into the November midterms." Today鈥檚 ruling blocks USPS from implementing Section 3 of the executive order for the November 3 midterm elections and any earlier federal election. The court held unequivocally that 鈥渢he executive branch has no authority to regulate elections鈥 and recognized that the executive order is currently causing "irreparable harm鈥 to both voting rights groups and voters by creating confusion about the mail ballots that millions of voters rely on. In June, the same District Court ruled in a separate case brought by 23 states and the District of Columbia that key parts of the executive order were unconstitutional and legally void. In that ruling, the court barred both federal agencies and USPS from using the executive order to interfere with voter rolls or mail ballots in the plaintiff states and D.C. The Trump administration has made an emergency request to the U.S. Supreme Court to lift that injunction; that request is pending. The suit from voting rights groups was filed by the League of Women Voters of Massachusetts, the League of Women Voters, Association of Americans Resident Overseas (AARO), U.S. Vote Foundation, OCA - Asian Pacific American Advocates (OCA), and Delta Sigma Theta Sorority, Inc. They are represented by the 桃子视频 (ACLU), 桃子视频of Massachusetts, Brennan Center for Justice, Legal Defense Fund (LDF), Asian Americans Advancing Justice (Advancing Justice-AAJC), and LatinoJustice PRLDEF. Plaintiffs and counsel in the case issued the following statements: Attorneys representing the plaintiffs: 鈥淭his ruling reinforces the clear language of our Constitution: The president plays no role in our elections and he cannot turn the U.S. Postal Service into a tool for disenfranchising voters. Millions of citizens rely on mail voting, and USPS has no authority to determine which of them should receive ballots. Voting rights groups and state and local officials are already deep into preparation for ongoing primaries and the November 2026 midterms, and the president鈥檚 executive order has created chaos and harm. We welcome this ruling as an important step to preserve free and fair elections. We will continue to vigorously defend the fundamental right to vote and protect the integrity of our elections.鈥 Celia Canavan, Executive Director, League of Women Voters of Massachusetts: 鈥淭he League of Women Voters of Massachusetts commends the court for upholding one of our most sacred constitutional rights: the right to vote. We are pleased to see this ruling and are committed to remaining in the fight to protect voting rights 鈥 not just for the Bay Staters who rely on mail voting, but for every American who utilizes this safe, secure, and trusted tool.鈥 Marcia Johnson, chief of activation and justice, League of Women Voters: 鈥淭his ruling is a victory for voters and for the Constitution. Neither the president nor the U.S. Postal Service has the authority to rewrite election rules. Millions of Americans, including seniors, military voters, voters with disabilities, rural voters, and citizens living overseas, rely on voting by mail to participate in our democracy. Today鈥檚 decision reaffirms that the rules governing our democracy must be set by the Constitution and the law, not by executive overreach. The League of Women Voters will continue fighting to ensure that every voter can cast a ballot and have that ballot counted.鈥 Doris Speer, president of the Association of Americans Resident Overseas: 鈥淎ARO is extremely pleased with this decision. The executive order threatened chaos, confusion, and disenfranchisement of Americans living overseas. The president cannot make rules for federal elections, and certainly should not place new obstacles in the way of exercising the most fundamental right and responsibility of citizenship 鈥 the right to vote. We are gratified that this order has been stopped.鈥 Susan Dzieduszycka-Suinat, President and CEO, U.S. Vote Foundation: 鈥淲e are relieved that the courts have halted this executive order and reaffirmed the roles of states and Congress in setting election rules. Absentee and mail voting have long provided a secure and reliable way for eligible voters, including military and overseas citizens, to participate in elections. We remain committed to protecting access to these proven voting processes.鈥 Thu Nguyen, Executive Director, OCA 鈥 Asian Pacific American Advocates: 鈥淎sian American voters often rely on translators to help comfortably cast an informed ballot. And voting by mail is an indispensable tool that allows us to better access translators of choice using various communication tools like the phone. Without it, we鈥檇 be reliant on translators who are available to go to the polls with us or hope to find one there. We applaud the court decision enjoining the USPS because this means our communities will have fewer hurdles to overcome in the upcoming primaries and the November general election.鈥 Cheryl W. Turner, international president of Delta Sigma Theta Sorority, Inc.: 鈥淭oday鈥檚 ruling affirms a foundational promise of our democracy: Every eligible voter must be able to participate freely, fairly, and without unnecessary barriers. Delta Sigma Theta will continue to stand against any effort that threatens access to the ballot and undermines the rights of voters, particularly in communities that have too often been excluded from full democratic participation.鈥 Read the order here. Find more information about League of Women Voters of Massachusetts v. Trump here.Court Case: League of Women Voters of Massachusetts v. TrumpAffiliate: Massachusetts