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It has been reported that the 2020 election had the highest turnout rate in more than 50 years with almost 67% of Americans going to the polls. Moreover, both presidential candidates have received the highest number of votes in our nation’s history.

 

Voting is our most fundamental right. It is what makes us a democracy. Early voting is an important innovation that a lot of other states have not yet implemented. It gives voters multiple opportunities to vote besides Election Day. Although the turnout in the 2020 election was very high, there is still a substantial minority of our population who do not vote. And the turnout rate in the U.S. is still one of the lowest in the Western world.

 

Many Americans were understandably anxious and worried that their vote might not count or that there might be fraud at the ballot box. Notwithstanding, it is important to recognize the courage of so many Americans who put their fear aside and exercised their franchise. It is important to acknowledge the voters who figured out the best way to vote in a safe fashion given the coronavirus pandemic and even though roadblocks were in their way. Here in Harris County, there was a limitation placed on mail-in voting with only one drop box available for the almost 5 million people residing in the county. In addition, there has been a failed legal challenge to invalidate more than 100,000 Harris County drive-through ballots, which allowed voters to safely exercise their franchise in a safe manner to mitigate the spread of the coronavirus.

 

Some would describe these limitations on voting and these lawsuits as unfair and unjust. Some have argued that they favor one party over another or one racial or ethnic group over another. These arguments sadden me, and make me think of our common history, which gives me hope. Our historical ancestors endured and survived slavery, the Civil War, WWI, WWII, the Cold War, the Great Depression, the Vietnam War, the 911 attacks, as well as prior pandemics like the 1918 flu, polio, and smallpox. They advocated for racial equality and women’s rights, at a time when most Americans accepted the existing norms of racial and gender subordination. When our ancestors were going through their crucibles, they did not know how it would end. What they had was a deep abiding hope, courage and faith in our nation, in each other and in the future.

 

At times like these, I am inspired by our historical ancestors. They had enormous courage. They endured. They worked through their troubles with advocacy and ingenious legal strategies. They persuaded each other to move forward in a positive direction.

 

We will hold a CLE on Thursday, November 12 to discuss the 2020 Election and its aftermath.

 

No matter the outcome of the presidential election, we all need to be inspired by, and have the hope, faith and courage of, our historical ancestors and in our nation, which over the past two hundred years, has through fits and starts, moved forward to a more perfect union.

Sincerely,

 

Leonard M. Baynes
Dean & Professor of Law
University of Houston Law Center