Skip to content
Project 2025
Donate to support
diverse voices
Search

Latest Stories

Follow Us:
Top Stories
Cargo containers piled on each other.

The Facts on U.S.–Canada Tariffs Nearly One Year Into Trump’s Plan

We Are Still Afraid to Name Them Because Nothing Happens When We Do

We Are Still Afraid to Name Them Because Nothing Happens When We Do

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

Why the GOP Needs to Help Prevent Pres. Trump from Interfering in the November Election

When Separation of Powers Becomes a Suggestion

When Separation of Powers Becomes a Suggestion

East Wing's Demolition Highlights U.S. Construction Waste Problem

East Wing's Demolition Highlights U.S. Construction Waste Problem

Report finds mail voting increased in 2020, but ballot rejections did not

Poll worker processes ballots

A recent report found less than 1 percent of mail ballots were rejected, which is on par with the 2016 rate.

Jessica McGowan/Getty Images
Sara Swann
By Sara SwannAug 17, 2021
Sara Swann

As a staff writer, Sara covers a variety of democracy reform issues, including voting rights, money in politics, gerrymandering and civic education. Prior to joining The Fulcrum in May 2019, Sara reported on local government on Maryland's Eastern Shore for the USA Today network. She is a native West Virginian and a graduate of Syracuse University.

See More Writings by author

Despite more Americans than ever opting to vote by mail in the 2020 election, a comprehensive government report found no significant increase in ballot rejections — refuting former President Donald Trump's claim that mail voting was more susceptible to fraud.

Since 2004, the Election Assistance Commission has conducted extensive biennial surveys of how Americans voted and states conducted their federal elections. The surveys also collect information about election laws, policies and practices in all 50 states, the District of Columbia and the five U.S. territories.

The 252-page report on last year's election, released Monday, provides a detailed look into how voting and election administration were impacted by the Covid-19 pandemic. The Fulcrum will break down the findings in two parts. This first installment focuses on a general election overview, as well as how state policies changed during the pandemic. And a forthcoming article will examine on voter registration and military and overseas voters.

The EAC survey confirmed last year's record-high voter turnout of 67.7 percent of citizens who are of voting age — an increase of nearly 7 percentage points from 2016. Every state and territory reported an increase in voter participation, except Puerto Rico, which saw turnout drop by 9 points. Utah saw the most improvement from 2016, jumping up 15 points to 72 percent turnout in 2020.

And along with this surge in participation, Americans also shifted the way they cast their ballots. Due to safety concerns caused by the coronavirus pandemic, voting by mail overtook in-person voting on Election Day as the most common voting method in 2020. Jurisdictions that eased their policies on mail voting, namely adopting no-excuse absentee voting and conducting all-mail elections, saw more voters use that method.

Trump and his supporters claimed this increase in mail voting would lead to more instances of voter malfeasance. However, the EAC report found that less than 1 percent of mail ballots were rejected, which is on par with the 2016 rejection rate.

The most common reason mail ballots were rejected, the report found, was the voter's signature did not match (33 percent) the signature on file. Other reasons included the voter was not eligible in that jurisdiction, the ballot was missing an affidavit, or another important document or the ballot was otherwise insufficient or compromised.

The pandemic also created a demand for poll workers who were younger and less at risk of illness than the typical elections volunteers, who tend to be 65 or older. The EAC found that, across the country, young people stepped up to meet this need.

While nearly half the poll workers last year were still over the age of 60, states did see significant increases in people under 40 volunteering to work at voting stations. States also reported that recruiting poll workers was less difficult than it was in 2016.

Covid-19 also prompted substantial changes in state voting laws and election procedures last year — some temporary and others leading to permanent adjustments. The EAC asked states to identify the 2020 policies governing voter registration, voter eligibility, modes of voting, and election audits.

Read more: How the 5 most populous states have overhauled their election systems

In addition to election policy changes, states also adapted the machinery used for voting. Checking in voters with electronic poll books has become increasingly popular, but the old-school paper system is still employed in nearly every part of the country. And last year, only 32 jurisdictions (in Indiana, Tennessee and Texas) relied solely on voting machines with no paper backup. Having a paper record of the votes cast bolsters security and makes post-election audits easier to conduct.

EAC Chairman Donald Palmer said the data collected from this report provides important insight on last year's unprecedented, pandemic-era election.

"As election officials, academics and the Congress continue to study and learn from the 2020 elections, the EAVS data will serve as a foundation for analyzing best practices and informing the future of election administration," Palmer said.


Latest news

“Pulling Donald Trump’s Teeth”
Ethics & Leadership

“Pulling Donald Trump’s Teeth”

Trump & Hegseth gave Mark Kelly a huge 2028 gift
Elections

Trump & Hegseth gave Mark Kelly a huge 2028 gift

Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes
Media & Technology

Powering the Future: Comparing U.S. Nuclear Energy Growth to French and Chinese Nuclear Successes

Read More

a grid wall of shipping containers in USA flag colors

The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

Getty Images, J Studios

Just the Facts: What Presidents Can’t Do on Tariffs Now

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

Keep ReadingShow less
With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

The Constitutional Framework Matters

The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

Keep ReadingShow less
U.S. Capitol

A shrinking deficit doesn’t mean fiscal health. CBO projections show rising debt, Social Security insolvency, and trillions added under the 2025 tax law.

Getty Images, Dmitry Vinogradov

The Deficit Mirage

The False Comfort of a Good Headline

A mirage can look real from a distance. The closer you get, the less substance you find. That is increasingly how Washington talks about the federal deficit.

Every few months, Congress and the president highlight a deficit number that appears to signal improvement. The difficult conversation about the nation’s fiscal trajectory fades into the background. But a shrinking deficit is not necessarily a sign of fiscal health. It measures one year’s gap between revenue and spending. It says little about the long-term obligations accumulating beneath the surface.

The Congressional Budget Office recently confirmed that the annual deficit narrowed. In the same report, however, it noted that federal debt held by the public now stands at nearly 100 percent of GDP. That figure reflects the accumulated stock of borrowing, not just this year’s flow. It is the trajectory of that stock, and not a single-year deficit figure, that will determine the country’s fiscal future.

What the Deficit Doesn’t Show

The deficit is politically attractive because it is simple and headline-friendly. It appears manageable on paper. Both parties have invoked it selectively for decades, celebrating short-term improvements while downplaying long-term drift. But the deeper fiscal story lies elsewhere.

Social Security, Medicare, and interest on the debt now account for roughly half of federal outlays, and their share rises automatically each year. These commitments do not pause for election cycles. They grow with demographics, health costs, and compounding interest.

According to the CBO, those three categories will consume 58 cents of every federal dollar by 2035. Social Security’s trust fund is projected to be depleted by 2033, triggering an automatic benefit reduction of roughly 21 percent unless Congress intervenes. Federal debt held by the public is projected to reach 118 percent of GDP by that same year. A favorable monthly deficit report does not alter any of these structural realities. These projections come from the same nonpartisan budget office lawmakers routinely cite when it supports their position.

Keep ReadingShow less
The United States of America — A Nation in a Spin
us a flag on pole
Photo by Saad Alfozan on Unsplash

The United States of America — A Nation in a Spin

Where is our nation headed — and why does it feel as if the country is spinning out of control under leaders who cannot, or will not, steady it?

Americans are watching a government that seems to have lost its balance. Decisions shift by the hour, explanations contradict one another, and the nation is left reacting to confusion rather than being guided by clarity. Leadership requires focus, discipline, and the courage to make deliberate, informed decisions — even when they are not politically convenient. Yet what we are witnessing instead is haphazard decision‑making, secrecy, and instability.

Keep ReadingShow less
© Copyright 2026