Let’s make Election Day a holiday

Marshall H. Tanick
Marshall H. Tanick

With the election  season in the rear view mirror, it’s not too early to look ahead to the next cycle in these days of perpetual campaigning.

One feature that ought to be examined is ways to expand the electorate to try to assure that every lawful vote counts and to facilitate the opportunity for all eligible voters to cast their ballots.

Both Florida and Collier County experienced commendable turnout figures last month. Nearly 54 percent of the 14.5 million eligible, registered Floridians voted, topping the 47 percent rate nationally. The Collier County electorate of 254,000 did even better than both, with a turnout of about 65 percent, 164,000 casting ballots in early, mail, and in-person voting, one of the highest rankings in the state. That exceeded the turnout in neighboring Lee County, which registered a 53 percent rate, although the remnants of Hurricane Ian may  have depressed the turnout in both counties, especially the latter.

These figures are consistent with a long-standing patterns here. In 2020, a presidential election year, 77 percent of the  eligible Florida voters cast ballots, only slightly below the perennial turnout leader, Minnesota. In both high-profile presidential cycles and less intense off-years like this one, the turnouts in Florida have generally exceeded the national averages by about 10 percent.

But the creditable voter participation numbers could be boosted even higher  if steps are taken to expand the number of voters by encouraging and incentivizing their  participation.

One would be declaring the Tuesday Election Day as a holiday, which would facilitate many more people voting without having to work that day. It also would encourage even the many voters who submit early, absentee, or mail-in ballots by constituting a symbolic reminder to do their civic duty. It also might have collateral benefits for those who decide to take a four-day weekend, using the prior Monday as a vacation day, which could  be a boost to the airlines, hospitality, recreation and  other vacation industries, especially here in Florida (I’m voting and going to Disney World!).

Democrats in Congress have been trying to enact this type of measure for years and actually passed one in the House of Representatives this term. But Republican  opposition in the Senate has prevented it from happening, consistent with the party’s antipathy to expanding electoral opportunities and, with Republican control of the  House, no such legislation will get out of that chamber.

But the state, of course, could devise its own arrangement, but with the GOP solidly controlling the Legislature and governor’s office anticipating such a measure is like Waiting for Godot.

Floridians desiring to increase voter participation need not emulate the characters in a Beckett play waiting  for legislation that will not happen.

Additional alternatives exist.

Labor unions could seek such time-off-to-vote clauses in their collective bargaining agreements, but employer resistance makes that unlikely and, even if acceptable throughout the unionized sector would only affect fewer than 450,000 individuals, barely a puny 5 percent of the state’s workforce.

Private industry could step in to boost voter participation. Florida is one of about 30 states that do not require employees to be given a couple of hours or more of paid time off to vote, an arrangement that tends to augment turnout. While that type of legislation also is inconceivable here these days.

Greater impetus to vote could  be created by businesses and organizations voluntarily exhorting  individuals to exercise their franchise and putting their money where their mouths are. This could be achieved by retail facilities like restaurants, gas stations, grocery stores, entertainment facilities, those vacation facilities, and others offering  discounts, say 10-15 percent, to anyone displaying shortly before or after the holiday  one of those tiny  “I Voted” stickers given at some polling places or sent to those voting  by mail.

Groups that support expansion of voting, such as civil rights organizations, youth groups, and others could join together in a consortium to endorse this program and laud the businesses that participate in it. The government could join in by allowing small deductions on tax returns filed with voting stickers attached.

None of these proposals is a panacea, but any, some, or all them  could help maintain the high level of voter turnout in Florida and even increase it.

Marshall H. Tanick of Naples is a constitutional law attorney.

This article originally appeared on Fort Myers News-Press: Let’s make Election Day a holiday