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Election Reform

Overview

Christian Smith-Socaris on November 7, 2008 - 4:49pm

As a response to successful efforts by non-partisan and progressive organizations to register hundreds of thousands of new voters in recent years, many states are enacting restrictions on voter registration drives.These laws have a discriminatory effect as African Americans and members of Spanish-speaking households are twice as likely to be registered through a voter registration drive than whites or members of English-speaking households.

  • In Florida, strict deadlines have been established, mandating that completed registration forms must be delivered to election officials within days of being filled out.  Failure to comply with the deadlines makes a person liable for heavy fines.  This recently led the League of Women Voters of Florida to briefly suspend voter registration activities.  The law is currently not being enforced while a lawsuit between the League and the state is resolved.
  • In Ohio, voting rights groups won a lawsuit that struck down voter registration provisions that required “registration drive workers to register and to undergo training, to list detailed information on each registration form they help with and for every gatherer to turn in forms in person, not through an organizer”¦" 

Project Vote — Policy Brief on Restricting Voter Registration Drives

Overview

Christian Smith-Socaris on November 6, 2008 - 6:09pm

The right wing has lost the trust and confidence of the vast majority of the American people.  The nation is seeing a surge in new voters who are moving the country in a new direction.  To maintain their electoral viability conservatives have redoubled longstanding efforts to suppress the votes of those they think are least likely to support their failed policies. 

Progressives must fight back and protect the fundamental right to vote for every American in order to secure the equitable and prosperous future we all hope to see.  This fight requires two strategies — holding the line against attacks on the right to vote such as voter ID laws and proof of citizenship requirements (and rolling them back where applicable), and putting forth strong voter protection and anti-“caging” policies that strongly sanction attempts to prevent people from voting, such as voter deception.Progressives need to take pro-active action to expand the vote, both through protecting community-based registration drives and supporting the re-enfranchisement of ex-prisoners seeking to return to the mainstream of civic life.

Overview

Christian Smith-Socaris on November 6, 2008 - 5:57pm

Voters in many states dream of the day when their vote for president will count just as much as those of voters in the handful of battleground states such as Florida and Ohio.  Now, with the closeness of the 2008 presidential primary and the proportional delegate allocation rules that most state parties followed in the Democratic primaries, voters are getting a taste of what it would mean if every vote did matter — the result being record-breaking turnout numbers.  

If every vote counted in the November presidential elections, we could expect similar broad-based gains in voter turnout.  Voters are well aware of whether or not their votes count, and this is evidenced in polls that show wide, bi-partisan support of approximately 70% for a national popular vote. 

Studies emphasize that not only does the traditional Electoral College lead to elections narrowly focusing on a few states, but that the problem is in fact getting worse.  One result is that critical issues for non-swing states are given less focus in national debate.  An example is the civil rights movement, where the historic shift away from heavily African-American swing states has paralleled the narrowing discussion of civil rights in campaigns and the national dialogue.

The campaign to make every vote count in presidential general elections is focused on passing an interstate compact where states agree to apportion their presidential electors to the winner of the national popular vote (NPV).  The compact will become effective when a majority of electors are included under the agreement.  The movement to enact this compact is rapidly gaining steam in states around the country — Maryland, New Jersey, Hawaii, and Illinois have enacted the compact and it has passed 18 state legislative chambers.

Overview

Christian Smith-Socaris on November 6, 2008 - 5:45pm
The redistricting process in this country is almost completely determined by political considerations.  The result is legislative districts that often splinter communities and pack together members of each party, essentially predetermining the outcome of the general election.  Powerful computer technology now allows partisans to totally control the demographic and political composition of districts.  And in recent years we have seen some states engage in mid-census redistricting with the explicit purpose of benefiting the party in power.

Gerrymandering may help selected incumbents, but it lowers voter turnout across the board and therefore cuts the overall number of progressives likely to be elected to office. Progressive leaders can help restore responsiveness and accountability to government by supporting independent redistricting commissions established with a strong mandate to compose districts that serve the people and not politicians. This is a strategy that has even garnered the official support of the American Bar Association.

Fostering fair redistricting requires carefully constructing the redistricting commission and establishing rules such as requiring supermajority support and balancing membership between partisans and unaffiliated members. Common Cause has produced a comprehensive set of guidelines for establishing effective commissions.  Another important reform is banning mid-census redistricting.

Several states have redistricting procedures that are independent of legislators, and some have seen redistricting reforms advance in the past few years.  
  • Iowa uniquely has legislative staff draft districts under a list of statutory mandates that seek to make the process apolitical.  The state has enjoyed a high percentage of competitive elections compared with the national average.
  • Arizona voters approved a move to independent redistricting in 2000.  Their system picks commission members from a pool nominated by a pre-existing body that handles appellate court appointments. The district map is mandated to begin as a grid, and to be adjusted to meet certain requirements such as compliance with the Voting Rights Act, equal populations, and compact and contiguous districts.
  • California, Florida and Ohio have all seen recent drives to establish independent redistricting as well.
NCSL — Redistricting Commissions
NCSL — What is a Competitive District, What is a Community of Interest?
American Bar Association — Redistricting Resolution
Brookings Institution — The Competitive Problem of Voter Turnout (podcast)
Americans for Redistricting Reform
Common Cause — Redistricting Guidelines
FairVote — Redistricting Reform
League of Women Voters — Redistricting
Brennan Center for Justice — Redistricting
Campaign Legal Center — Redistricting
Arizona Redistricting Law
Legislative Guide to Iowa Redistricting

Overview

Christian Smith-Socaris on November 6, 2008 - 5:37pm
Provisional ballots are mandated by the Help America Vote Act as a way to provide fail-safe voting for people who cannot be found on the voter rolls on election day.  However, too many of these ballots are never counted and have even been referred to as "placebo voting." This problem appears to disproportionately impact minorities as research indicates that the number of provisional ballots cast and the number discarded has been higher in precincts with high concentrations of minority voters.  Most states have extremely vague rules for when a provisionally cast vote should be counted.  Well designed procedures for counting these ballots can significantly reduce the number of people who have their votes discarded.

Overview

Christian Smith-Socaris on November 6, 2008 - 5:33pm

Whatever voting system is used, it is a basic fact of elections that votes are miscounted.  In every major election there are instances of vote totals that have to be amended after problems counting the votes have been found.  These problems include switching vote totals for two candidates, double counting votes from particular precincts, and misreading or mistranscribing vote tallies.  Because of this, it is necessary that vote counts be audited in a manner likely to detect any error in the results.

Additionally, it is important that all audits and recounts follow these principles:

  • Transparency
  • Independent oversight
  • Flexible sample size based upon the margin of victory
  • Recounts are expanded to more precincts when discrepancies are found

New Jersey enacted the first law (AB 2730 of 2007) in the country that adapts recount procedures to the outcome of the election — in closer races, where a smaller discrepancy could change the outcome, the recount will be broader.  The scope of the audit is also expanded when discrepancies are found.  Additionally, the law sets up an independent commission to design and oversee the audits. The commission includes statisticians and has strong transparency guidelines.

Minnesota recently passed an innovative amendment (Chapter Law 336 of 2008) to its audit procedures that allows a candidate to obtain a discretionary recount of up to three precincts at their expense.  This is an economical and convenient way to boost the integrity of elections by allowing those most likely to detect questionable vote totals the ability to direct limited recounts.

Overview

Christian Smith-Socaris on November 6, 2008 - 5:31pm
Paper ballots are absolutely necessary to restore citizens’ faith that our elections are fair, to ensure that votes are accurately cast and counted, and to establish a record upon which electoral disputes can be resolved.  Even the much-touted "voter verifiable paper audit trail" has been shown to be almost completely useless because voters rarely check the paper record to verify that their votes were accurately recorded.  And with new ballotmarking technology, states can easily allow access to disabled Americans and enable them to cast their votes in the same manner as all other voters.

Several states have recognized the importance of using paper ballots, even states that initially made significant investments in electronic voting machines.  Florida is such a state, and recently, Iowa moved to have an all paper ballot voting system in place for the November 2008 presidential election.

Voter Action
Brennan Center for Justice — Voting Technology
National Ballot Integrity Project
Voter Action — Counting the Votes: A Summary of State Actions
Pew Center on the States — Back to Paper
Voters Unite — DREs: A Failed Experiment

Overview

Christian Smith-Socaris on November 6, 2008 - 5:11pm

It is important not only that everyone be able to cast a ballot, but that every vote is counted and meaningful.  Voters too often feel their vote won’t matter, whether because they don’t believe in the integrity of the voting system or because they are stuck in non-competitive voting jurisdictions.

Several fundamental reforms, from improved election integrity measures to redistricting reforms can support the integrity of the electoral process and create elections that enhance voters' ability to influence electoral outcomes and have their voice truly heard in the political process.

Overview

Christian Smith-Socaris on November 4, 2008 - 5:43pm

How well voting rolls are maintained has enormous consequences for voters.  Poor list maintenance can result in the disenfranchisement of thousands of voters, just as inaccurate voter rolls can complicate election administration.  When lists are "cleaned" of ineligible voters without proper safeguards, large numbers of people can be improperly removed.  This was done in Florida in 2000, purportedly to remove persons who had lost their voting rights due to a felony conviction.  But the manner in which it was done resulted in the removal of thousands of eligible voters from the rolls, most of whom were African-American.

Mandating and implementing best practices for voter list maintenance is an essential element in protecting the right to vote; these include: 

  1. Establishing transparent, specific criteria for removing voters.
  2. Avoiding list matching as a means of removing voters.
  3. Giving notice and the right to challenge removal.

Project Vote - Policy Brief on Maintaining Current and Accurate Voter Lists
Project Vote - Voter List Maintenance Model Bill
Brennan Center for Justice - Voter Purges and Challenges 
Brennan Center for Justice - Policy Brief on Inaccurate Purges of the Voter Rolls 
Demos - Purged: Will Eligible Voters be Purged from the Election Rolls?

 

Overview

Christian Smith-Socaris on November 4, 2008 - 2:12pm

Ballot initiatives have the ability to allow citizens to put forward great legislation that moves their state forward, as has been the case in Maine and Arizona where public campaign financing was enacted by ballot initiative.  However, corporate special interests and right-wing operatives have successfully used ballot initiatives as a way to push regressive policies in states where they don't even live.  And they often use tactics which subvert the will of the people instead of giving voice to it.   Ballot measures are also a favorite vehicle for conservatives trying to push wedge issues.

In order for ballot initiative to be a tool of reform and not an avenue for corporate control, it is important that states regulate the process effectively.   A few basic reforms can go a long way in making sure ballot initiatives reflect the popular will and don't just ride through on a wave of corporate cash. 

  • In some instances, signature gatherers are paid per signature, which opens the door to fraud.  Signature gatherers should be paid by the hour if at all, and all gatherers should be residents of the state.
  • Many petition signers are misinformed about what the measure would do - backers of a measure to ban affirmative action have claimed that their measure would "prevent discrimination on the basis of race."  States should require that the text of the ballot measure accurately describe the law being proposed.
  • Because of the confusion surrounding many ballot measures, states should develop voter guides with each measures text and a plain language description of the measures effect.

Ballot Initiative Strategy Center

Ballot Initiative Strategy Center - Stopballotfraud.org

Center for Policy Alternatives - Ballot Initiative Reform

Initiative and Referendum Institute