States Are Improving Elections in 2013

This year has seen a number of new laws that will improve ballot access and streamline the election process for both voters and elections officials.

Colorado recently passed the Voter Access and Modernized Elections Act that includes provisions for Election Day Registration and portable registration, in addition to creating a bipartisan task force to study voting changes and consider future reforms.

Last month, Florida Governor Rick Scott signed HB 7013 into law which will take effect January 1, 2014. The new law increases the number of early voting days and hours allowed, expands the types of sites that can be used as early voting locations, allows new residents to change their addresses at the polls, and gives absentee voters who forgot to sign their ballot the opportunity to correct the mistake.

In addition to expanding early voting, Maryland will allow same-day registration during the early voting period beginning in 2016. Both Virginia and West Virginia have passed online voter registration, bringing the number of states that have passed or implemented online registration to nineteen.

Thursday: Voter Registration Modernization Webinar

There's still time to register for Thursday's webinar--don't miss out!
 
Voter Registration Modernization
Thursday May 16th, 2:00-3:00pm Eastern

Over the last few years, a number of states have enacted laws and policies to update their voter registration systems--including innovations like online registration, Election Day Registration, and portable registration. This move toward voter registration modernization, supported by both voters and elections officials, has gained momentum and a number of states have already proposed new legislation in 2013. Join us for a review of voter registration updates and other important voter registration reforms. 

Featured Presenter: Myrna Pérez, Senior Counsel, Brennan Center for Justice. Ms. Pérez works on a variety of voting rights related issues, including redistricting, voter registration list maintenance, and access to the ballot box. Prior to joining the Brennan Center, Ms. Pérez was the Civil Rights Fellow at Relman & Dane, a civil rights law firm in Washington, D.C. Ms. Pérez graduated from Columbia Law School in 2003, where she was a Lowenstein Public Interest Fellow. Following law school, Ms. Pérez clerked for the Honorable Anita B. Brody of the United States District Court for the Eastern District of Pennsylvania and for the Honorable Julio M. Fuentes of the United States Court of Appeals for the Third Circuit.

Florida Set to Overhaul Elections

It seems Florida will once again be making changes to its election law: the Senate passed HB 7013 that Governor Rick Scott has indicated he will sign.

The bill counteracts much of the 2011 law that truncated early voting, changed provisional ballot rules, and stiffened rules on voter registration. These changes--combined with record turnout and a particularly lengthy ballot--meant that some Floridians waited in line six hours to vote on November 6th. HB 7013 seeks to improve the election experience by:

• Increasing the number of early voting days and the hours allowed each day. Supervisors of elections must offer at least 64 hours of early voting over the course of 8 days, with a minimum of 8 hours each day, but may offer up to 168 hours over 14 days, with 12 hours each day--allowing once again for the possibility of Souls to the Polls on the Sunday before Election Day.
• Expanding possible early voting locations. Elections supervisors may now hold early voting at civic centers, convention centers, county commission buildings courthouses, fairgrounds, and government-owned community centers, and government-owned senior centers. Currently, early voting can only be held at supervisors' offices, city halls, or public libraries. 
• Allowing new county residents to change their addresses at the polls on Election Day and vote by regular ballots rather than provisional ballots. 
• Allowing absentee voters who forget to sign a ballot to correct their mistake. Thousands of unsigned ballots were invalidated in 2012.
• Limiting Legislature-proposed amendment ballot summaries to 75 words or less. (The word limit can be exceeded if summaries need to be rewritten because the Supreme Court strikes them down for being misleading.)

If signed by Governor Scott, the law will take effect January 1, 2014 and applying these changes ahead of the next midterm election.

Long Lines Discouraged 49,000 Voters in Central FL

After the November election, we reported on long lines in a number of states. Now, a new report suggests that as many as 49,000 people in Central Florida did not cast a ballot because of extended waiting times.

Theodore Allen has been analyzing the impact of long lines at the polls since 2004. His analysis of Central Florida's 2012 results compared precinct closing times, Election Day turnout, and results in the presidential race for all Lake, Orange, Osceola, and Seminole county precincts.

His review indicated that for every additional hour that a precinct stayed open past 7 pm--an indicator of line length throughout the day--turnout dropped by as much as 4.8%. Allen suggests that longer ballots (six pages in Orange County) likely caused longer lines which in turn suppressed turnout. Additionally, fewer early voting days probably contributed to longer wait times on Election Day. Many Central Florida voters waited in line for three or more hours after the polls officially closed.

Whatever the contributing factors, voters simply cannot be expected to set aside hours to cast a ballot. We need to focus on ways to improve access to the ballot, and can start by expanding early and absentee voting opportunities. Additional voter education can also help reduce the amount of time voters spend filling out their ballot. Let's kick 2013 off right and resolve to eliminate long lines at the polls.

Election Improvements Still Needed

Communities frequently served by nonprofits made impressive gains in the electorate this year. However, there are still a number of electoral improvements that can be made.

Shorter Lines, More Early In-Person Voting
A curtailed in-person early voting period in Florida led to 7 hour lines, discouraged voters, and an overwhelmed system. On Election Day, voters in Miami-Dade County waited in line until 1am to cast a ballot. In Ohio, the periods for casting a ballot early in-person and by mail were reduced. Early in-person voting the weekend before Election Day was initially eliminated but later restored through the courts due to the estimated 100,000 Ohioans expected to cast ballots in the three days before November 6th. Snaking lines of early voters were captured across the state.

Although long lines can be the result of a lengthy ballot, expanding--rather than eliminating--early voting opportunities can reduce wait times, offer voters increased flexibility, and ease the strain on election offices.

Improved Voter Registration 
All eligible voters should have the opportunity to cast a ballot that will be counted. Unfortunately, voters across the country arrived at the polls only to discover that their name was not on the rolls. The first step in fixing this is to ensure that voters can register easily. Many states have implemented online voter registration, streamlining the registration process. California's online registration system went live for the first time in September and over one million Californians used it to register in the course of five weeks. 49% of new registrants were between the ages of 18 and 29.

Additionally, online platforms that allow voters to verify their registration status can reduce problems at the polls. Not every state has this kind of tool, and currently in Massachusetts when voters need to confirm their registration status on Election Day they have to call their city hall, leading to long hold times and inefficient processing.

Fixing Problems on Election Day
Beyond improvements to advanced registration, Election Day Registration (EDR) allows voters to update or correct their voter registration information at their polling site on Election Day. EDR ensures that recent moves or name changes do not impact a voter's ability to participate. This kind of flexibility makes it easier to participate and states that have Election Day Registration consistently lead the nation in voter turnout.

While 2012 was a great indicator of rising turnout, there are still improvements to be made. All eligible voters who want to participate should be able to make their voices heard at the polls--without waiting 7 hours.

Voting Rights Victory in Maine

We'll have a more complete summary of 2011 election results later, but we just couldn't wait to share Maine's victory! Yesterday, Maine voters decided to restore Election Day Registration (EDR)--leaving an almost 40 year tradition unbroken. Sixty percent of voters supported EDR, and have made it possible for future voters to register and cast their ballots on Election Day.

We're pleased to celebrate this voting rights victory and want to congratulate the organizations and volunteers that were able to put the issue before voters in just a few short months.

For more on other 2011 ballot measure results, visit Ballotpedia.

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Connecticut Seeks to Improve Elections

Great news: Connecticut is looking for ways to improve and update their election systems! Earlier this week, Secretary of State Denise Merrill convened an Election Performance Task Force to review Connecticut's election system and recommend improvements. Members of the task force include Secretary Merrill and her deputy, town clerks, representatives from Common Cause, Demos and the Connecticut League of Women Voters, voter registrars, a member of the state elections enforcement commission, and others (see the full Task Force).

The group's goal is to make voting more convenient for voters, while also incorporating innovative technology that will make conducting elections easier for local officials. Additionally, the task force will look at turnout gaps and examine any registration or voting barriers. Possible reforms could include the adoption of online voter registration or Election Day registration, as well as reforms to the absentee ballot process, and changes that would create greater consistency from town to town. Task force meetings are open to the public and information about the task force will be posted on the Secretary of State's website.

The force's formation comes after an announcement last month that the state was awarded a federal grant of $1,184,441 from the U.S. Election Assistance Commission that can be used to enhance voting technology--such as maintaining or enhancing optical scan voting machines, testing or investing in new voting systems for disabled voters, and making improvements to the state Centralized Voter Registration database.

Congrats to Secretary Merrill and her staff for their forward thinking, hard work, and leadership in improving elections in Connecticut!

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Mayor Bloomberg Pushes for Election Reform

After voicing his support for San Francisco's Saturday Voting Act, NYC Mayor Michael Bloomberg is stepping up to the plate. Earlier this week, Bloomberg proposed a series of election reforms, including provisions for early voting, moving the registration deadline closer to Election Day, simplifying the ballot, and making absentee voting easier.

His proposals are based on this study, and will require the approval of state lawmakers in order to be implemented. Bloomberg stressed the need for reform, citing the state's low turnout--in the last three federal elections New York averaged 47th in voter turnout. The mayor was supported by activists and state lawmakers who argue that New York has some of the most restrictive voting laws in the country. If approved, these changes will increase access to the vote, and hopefully create more competitive elections.

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'Tis the Season to be…Cordial?

By the time a political campaign season wraps up, most of us feel as though we barely survived a wild west, mud slinging throw-down. Of course, voters have grown increasingly tired of that narrative, and some election reforms might be changing what we can expect from campaigns.

Phil Ting recently announced his bid for San Francisco mayor, and within hours, one of his competitors, Leland Yee, welcomed him to the race. Perhaps most surprising was that the gesture wasn’t sarcastic and there was no trace of irony. Yee voiced his respect for Ting, in addition to listing some of his opponent’s accomplishments. Of course, Yee plugged himself briefly, touting his commitment "to run a different kind of campaign for Mayor" that involves working with other candidates. Still, this kind of introduction marks a sharp break from campaigning as usual.

Yee’s friendliness may stem from the rise of ranked choice voting (RCV), which brought victory to Oakland Mayor-elect Jean Quan. Although Quan was not in the lead after the first round of ballots were counted, she had collected enough second choice votes to propel her to victory, emerging as the overall preference for most voters.

Fair Vote’s Rob Richie said that a decline in negative campaigning is "the clearest effect of RCV" because "candidates going for the same voter base have to balance competing hard with not alienating that constituency." And more positive campaigning seems to be something that voters--at least in California--are interested in.

Earlier this year, California gubernatorial candidate Meg Whitman was booed when she refused to take down attack ads airing on her behalf. Whitman was making an appearance with Governor Arnold Schwarzenegger and opponent Jerry Brown at the annual Women’s Conference when NBC’s Matt Lauer asked if both candidates would be willing to pull their negative campaign spots. His question drew loud applause from the crowd, as well as from Schwarzenegger who was seated between the two. Brown agreed, as long Whitman did as well. She refused, and the audience voiced its displeasure. You can watch the scene online.

This year, the Pew Research Center found that 88% of voters said they had seen or heard campaign commercials, and 56% said they had seen a lot of ads. Negative ads continue to be pervasive as more than 55% of voters said that both parties spent more time attacking one another than explaining what they would do if elected.

Governor Schwarzenegger voiced the public’s growing displeasure with bickering politicians: "People are sick and tired of politicians accusing each other of things and attacking each other and calling each other names. It's a waste. It's much more attractive if candidates go out and talk about what is the vision of the future." It’s too early to tell how the campaigns for San Francisco mayor will be conducted when the heat is on, but judging from recent events, these candidates could set a new tone for how races are run, and won.

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Expanding Access to the Vote

Redistricting measures weren’t the only important electoral reform passed this November. This year’s midterm election also heralded other important changes, including expanded voting access.

In Vermont, voters passed a constitutional amendment that will allow 17-year-olds to vote in primaries as long as they will be 18 by the date of the general election. In doing so, Vermont joins a growing number of states that are empowering these young voters.

Meanwhile, Kansas voters passed a law that eliminates mental illness as a voting disqualification. Previously, the state constitution allowed legislators to limit an individual's suffrage rights.

The Saturday Voting Act was approved in San Francisco, requiring the city to open all polling places on the Saturday before Election Day in the November 2011 city election. Proponents argue that a weekend voting option would make it much easier for working citizens to get to the polls. The Census Bureau reported that in 2008, the most common reason registered voters said they did not vote was because of their busy schedules. Even before the act passed, New York City Mayor Bloomberg announced his support for the initiative, signaling that NYC might be next.

These and other ballot measures were a positive step forward, but naturally there is much more we must do to make our democracy more inclusive and ensure that those who can vote have a vested interest in doing so.

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Oregon introduces unique accessible voting system

Electionline reports on Oregon's new Alternative Format Ballot, which allows voters with visual or manual disabilities to cast votes at home...

For the majority of her adult life, Angel Hale was denied a right many Americans take for granted.

In 1986, Hale lost her sight and since then has been unable to cast a ballot without assistance.

All of that changed this May however, when Hale and thousands of other Oregonians with a wide range of disabilities were able to cast their ballots autonomously for the first time thanks to the implementation of Oregon’s unique Alternative Format Ballot (AFB).

“It was liberating,” Hale said by phone from her home in Oregon, the same place where she cast her independent ballot as part of the state’s vote-by-mail system.

Hale, along with other voters with visual and/or manual dexterity impairments in the state now have the ability to cast ballots at home using a computer program that requires Web access and a printer to cast and verify ballots.

The program works in conjunction with alternative devices which assist disabled voters to understand and fill out ballots. Because of this feature the AFB can work with devices like screen readers, sip-puff devices, screen enlargers, Braille displays, switches, joysticks and other assistive technologies.

The user receives the AFB as an electronic document either through e-mail or a CD. Once completed, the voter prints out the AFB and sends it through the mail using the envelopes provided. Like the rest of the state’s absentee ballots, it is placed in a secrecy envelope which is then placed inside the signature envelope, both of which provide security and identification of the voter to officials.

“AFBs are essentially a ballot in a different form which replaces paper. The ballot is processed in the same way as everyone else once sent by mail," said Gene Newton of the Help America Vote Act (HAVA) Program office in Oregon.

Newton likened the process to voting with a pen or pencil.

For Hale, voting with the new system has been anything but typical.

“The process has been incredible,” Hale said. “Besides working on the pilot for the AFB this is my first time voting independently in my life.

Californians May Soon Be Able to Register Online

Californians may soon be able to use their computers to register to vote and they can thank the state Department of Motor Vehicles for the chance. The San Francisco Chronicle has this story...

How Design Can Save Democracy

Check out this fun and informative interactive feature from AIGA, as profiled in the New York Times, which helps identify common ballot design problems and offer suggestions for improvements. Read the supporting NYT Opinion piece from AIGA's Richard Grefé and Jessica Friedman Hewitt.

Report: EDR in Nebraska (Demos)

This report from R. Michael Alvarez (Caltech) and Jonathan Nagler (NYU) from Demos analyzes likely effects of introducing Election Day Registration in Nebraska, and includes the following estimates of increases in turnout for specific groups of Nebraska citizens under EDR:

• Overall turnout could go up by 5.4 percent.
• Turnout among those aged 18 to 25 could increase by 10.6 percent.
• Turnout for those who have moved in the last six months could increase by 9.5 percent.
• Turnout for Latinos could increase by 9.0 percent.

Download the report here.

New Resource: Overview of California's 2008 Redistricting Reform

The Center for Governmental Studies (CGS) has published a comprehensive overview of California's 2008 redistricting reform proposals to assist legislators, the media, and interested citizens in understanding and comparing the measures. In an easy-to-read chart format, the Overview (pdf) details the major provisions of California's current redistricting law and compares them with the pending legislative and ballot initiative proposals listed below:

• The current redistricting law, Article XXI of the California Constitution

• Voters FIRST Initiative, Proposition 11, sponsored by California Common Cause, AARP, Governor Schwarzenegger and the Los Angeles Chamber of Commerce

• Assembly Constitutional Amendment 1 (ACA 1) and AB 3069, sponsored by former Speaker of the California Assembly Fabian Núñez

• The model redistricting plan previously developed by CGS and other civic organizations

Missouri DSS Ordered to Ensure Citizens Registered

On July 15, a U.S. District Court in Missouri ordered the Department of Social Services to ensure that each local welfare office in the state asks everyone who seeks help if that person is registered to vote, and to provide a voter registration form for those who aren’t registered. The 1993 “Motor Voter Law” passed by Congress in 1993 requires this activity. ACORN sued the Missouri Department of Social Services after gathering evidence that the federal law wasn’t being followed.

Over Half of All California Voters Used Mail Ballots

On July 14, the California Secretary of State Debra Bowen, in a press release, noted that for the first time ever, over half the voters who voted in the recent primary cast their votes by mail. Specifically, 58.7% of all voters who voted, voted by mail. California is the third state to have experienced this phenomenon. All votes in Oregon are now cast by mail, and in Washington state in recent elections, the overwhelming majority of votes have been cast by mail. Read the press release.

Call for Proposals: Research on Alternative Voting Procedures

Make Voting Work (MVW), a project of the Pew Center on the States in partnership with the JEHT Foundation, has announced up to $400,000 in new funding available for research examining alternatives to precinct-based election day voting, including early in-person and absentee voting and vote by mail systems. Due date is 8/15/2008. Download the application.

Michigan Senators Push for No-Excuse Absentee Voting

Democratic Michigan senators held a press conference last week to express their support of Senate Bill 12, which would enact no-excuse absentee voting. Currently, in Michigan, absentee voting is limited to those 60 and older or anyone who will be out of town, is in jail, has religious reasons for not voting on Election Day or needs assistance at the polls.

"We expect record voter registration, record lines at the polls," said Sen. Liz Brater, D-Ann Arbor, who's sponsoring the no-reason absentee measure that is law in about half the states. "Nobody should be disenfranchised because they can't stand in that line on Election Day."


Republicans expressed concerns about fraud.

"There's been no evidence people are being denied the right to vote," Michigan Republican Party spokesman Bill Nowling said. "The public is not clamoring for no-reason ballots. Democrats and unions are clamoring for absentee ballots. That should give people pause."

(David Eggert, AP)

New Report: IRV in San Francisco, 2004-2006

Francis Neely and Corey Cook examine San Francisco voters’ experience with instant runoff voting (IRV) from 2004-2006. Demographic influences on ranking the candidates – do certain demographic groups rank more candidates than others for example – are found to be very limited. Overall voters are found to have adapted relatively well to IRV. American Politics Research, July 2008. Read the report.