Arlo B. Blaisus, JD Anticipated May 2024, Law & Public Policy Scholar
American democracy is suffering from a crisis of confidence. One recent study found that 58% of Americans are not satisfied with the way our democracy is working. By comparison, only 33% of our Canadian neighbors felt the same. Another study found that two out of every three Americans think our democracy is “in danger of collapse.” The number of Americans who believe that political violence is sometimes justified has risen sharply.
The causes behind these troubling trends are varied and complex, and there is no silver bullet solution. Legislation to address the problem has stalled. We need achievable solutions to strengthen our democratic institutions and cultural norms, and we need to find them ourselves.
One simple solution pioneered at law schools around the country is canceling classes on Election Day to encourage students to vote, volunteer, and participate in democracy. This low-cost high-benefit policy does not require congressional gridlock to ease. It also fits perfectly with the educational mission of colleges and universities and their role as cultural leaders. If every institution of higher education in America canceled class on Election Day, it would send a strong message to students and our country that it is time to put democracy first.
Every year, millions of Americans are prevented from voting because they have to work or go to school on Election Day, with serious consequences. The 2000 presidential election was famously decided by 537 votes. That year, around 19,000,000 registered voters didn’t cast a ballot. Twenty-one percent (or almost 4,000,000 citizens) cited conflicting work or school schedules as the reason. We can only wonder how those 4 million citizens would have voted, but we know that they didn’t have a chance.
So why do voters have to work and go to school on Election Day? The overwhelming majority of other advanced democracies hold elections on a weekend or holiday; why don’t we? The answer is, quite literally, to make it easier for farmers to ride their horses to the polls. In 1845 Congress picked the second Tuesday in November for Election Day because it was after the harvest and gave farmers a full day after the sabbath to ride to town. This history tells us two things. First, our voting laws are badly in need of an update. And second, Election Day is supposed to be convenient.
America has obviously changed since 1845, but Election Day has not. Today, holding elections on a Tuesday is a serious impediment to many people voting, signaling that democratic participation is not a right, but rather a privilege reserved for those who can afford it. While this is just a single factor contributing to our democratic malaise, it is a fixable factor.
One popular and bipartisan solution is making Election Day a federal holiday. However, legislation to do so has repeatedly stalled in Congress for fear that it would benefit one party more than the other. Further, simply making Election Day a holiday would not ensure that people get the day off without the participation of employers. It might even make it more difficult for low-income citizens to vote because low-paying service jobs usually require work on holidays. These problems do not apply to educational institutions deciding to cancel classes on Election Day.
The political habits and beliefs formed by citizens while they are young tend to influence their behavior throughout life. Encouraging young citizens to vote can create a more engaged electorate for years. The participation of college students is essential for the future of our democratic norms and for America’s overall democratic participation since there are almost 20 million college students nationwide. However, in 2020, only 59.8% of U.S. citizens aged 18 – 24 were registered to vote. In 2016, less than half of college students voted, well below America’s already low voter participation rates.
Clearly, more needs to be done to encourage youth participation in democracy. When colleges and universities hold regular classes on election day, it discourages democratic participation. Conversely, when students are engaged in democracy, the effect spills over to their families at home. Given the cultural weight accorded to educational institutions, colleges and universities are uniquely positioned to help combat the bleak outlook on American democracy.
Notably, there are no serious barriers to colleges and universities canceling classes on election day. Educational institutions set their own academic calendar. In 2020, the Community College of Philadelphia announced that it was canceling all classes on election day with just a month’s notice. In my personal experience this spring, Temple University Beasley School of Law was able to designate Election Day as a no-class Day of Civic Service with a simple majority vote of the faculty. Many schools (such as Northwestern Pritzker School of Law) have replaced Election Day classes with civic engagement and public service campaigns. These programs prove that Election Day can be a part of school curriculums, serving the core educational mission and our nation.
Canceling classes on Election Day at colleges and universities is a practical win-win solution. It helps our democracy, benefits our students and communities, and serves an educational purpose. It could also help form the foundation of a national Election Day holiday in the future. What are college administrations waiting for? It is time for every American to say, no, our democracy won’t collapse because we will hold it up.