“Should Voting Be A Choice?”: Voter Non-Participation Is A Giant Pimple On The Face Of American Democracy
President Obama gave a rather unusual answer to a question about money in politics during an event in Cleveland this week. His antidote for the burgeoning influence of fat stacks of Supreme Court-sanctioned cash on elections was fairly simple: make everyone vote.
“If everybody voted, then it would completely change the political map in this country,” he said, adding that voting was mandatory in other countries. Universal participation would “counteract money more than anything.”
He might have a point.
Voter participation–or, more accurately, non-participation–is a giant pimple on the face of American democracy, one that the U.S. been unable to pop since the 1960s.
Every two years, an average of 56 percent of eligible voters (PDF) participate in their own self-governance, weighed heavily towards presidential contests. Midterms usually draw around 40 percent, putting 2014’s dismal effort only slightly below average.
Line that up next to other industrialized democracies and it’s not pretty. Great Britain usually gets around three quarters of its population to the polls in national elections.
Greece, the birthplace of democracy and modern geopolitical punchline, gets 86 percent. Australia’s citizens turn out in droves, averaging a 95 percent turnout down under.
How do the Aussies do it? Quite simply, they make their citizens vote–or at least show up.
They are forced to register, forced to appear at a polling station on Election Day, and forced to at least make a mark on the ballot paper. By law, they don’t actually have to choose a candidate or party, but you’d imagine the phrase “might as well” applies here.
Australia, cited by the president in his Wednesday remarks, is not the only country with compulsory voting, and not the only one to see strong turnout. Argentina has it, and usually sees around 85 percent participation. Brazil does too, and usually turns out at a rate around 80 percent. All of these are enforced compulsory systems: that is, there is a penalty (normally a fine) if a citizen cannot reasonably explain why they did not vote.
Now, none of those three are examples of ideal democratic outcomes at present, but at least they have robust participation. The United States faces a formidable participation gap, partly because, quite frankly, not enough people care.
But the U.S. has also been doing all the wrong things, policy-wise, for decades.
Rather than make it easier to vote, lawmakers here have been putting up barriers to participation.
New York and Ohio eliminated same-day voter registration in 1965 and 1977 respectively. According to political scientist Marjorie Random Hershey, turnout dropped by 7 percent in the subsequent elections and between 3 and 5 percent over the longer term (PDF). Many states have imposed early closing dates for registration, and if there were no closing date (in other words, same-day registration), some experts “estimate that…turnout would increase by 6.1 percent” across the nation. Early voting has also been scaled back in a number of states, including Ohio and North Carolina, where 7 in 10 black Americans vote early.
Then there are Voter ID laws, passed to combat the largely mythical phenomenon known as voter fraud.
To start, voter fraud does not exist in any significant sense. Out of the 197 million votes cast in federal elections between 2000 and 2005, only 26 (yes, twenty-six) votes eventually resulted in convictions for voter fraud. That is .00000013 percent, and it indicates that no one committing voter fraud could have affected any federal election in any way during that time.
Yet eight states have strict photo ID requirements to vote, and a further six have strict non-photo ID policies. And these policies can suppress the vote.
Hershey’s study cites Vercellotti and Anderson’s (2006), which found that “non-photo and photo ID rules were associated with lower turnout in 2004, in the range of 3 to 4 percent.” Laws enacted in Kansas and Tennessee dropped turnout by 2 percent between 2008 and 2012, according to the non-partisan Government Accountability Office. Texas’s policies, some of the most restrictive in the nation, were also heavily scrutinized after the 2014 election.
All of these figures are across the demographic board, leaving aside that these policies have been accused of being partisan and discriminatory, disproportionately affecting minorities and the socioeconomically disadvantaged.
Voter ID is just the latest in a long line of counterproductive policies when it comes to the ballot box. The suppression numbers associated are not huge, but there is a pile-on effect.
That’s because the decision to vote is an economic one. There’s an element of civic duty or pride, sure, but the individual essentially conducts a cost–benefit analysis with regard to how they spend their time and money. The more obstacles that are put in the way of voter participation, from restricting early voting to banning voting out-of-district to requiring IDs (which cost time and money to procure), the higher the opportunity cost and the fewer people will vote.
The end result is that the laws and regulations governing voting in some states are thoroughly undemocratic.
Thankfully, though, the U.S. is not some sort of uniformly hopeless electoral dystopia. Some states are making progress. Oregon, along with more recent converts Washington and Colorado (the Civic-Minded Stoner Bloc) has conducted all mail-in voting for years. All enjoyed turnouts of 64 percent turnout or higher in 2012, well above the national average, with Colorado at 71 percent.
This week, Oregon crossed into new territory in its efforts to get out the vote. Under the new policy, all eligible voters will be registered automatically unless they opt out. Now the Oregon secretary of state’s office will mail all voting-age citizens a ballot 20 days before any election. They need only send it back with a few marks of a pen.
Oregon’s is a step in the right direction, emphasizing ease of voting over mandates. Compulsory voting does not hold all the answers–though some political scientists credit it with as much as double-digit gains in turnout percentage–and there are other ways to avoid ghastly-looking turnout numbers. After all, Britain and Greece are doing just fine without it. Belgium, where mandatory voting policies have not been enforced since 2003, averages 90 percent turnout.
Though it would likely bring more people to the polls, it’s not immediately clear how, as the president says, mandatory voting would combat money’s influence on American politics. Maybe he’s hoping that the few people whose lives aren’t consumed by political advertisements in the run-up to Election Day–that is, who don’t own a TV or computer–would show up. Maybe his roots in community organizing tell him there’s strength in numbers, that there’s power to be found in the kind of mass participation by informed citizens that is simply lacking today.
By: Jack Holmes, The Daily Beast, March 20, 2015
“Pointing The Way To A New, More Offensive Effort”: Could Oregon’s Voting Law Signal A Democratic Push To Open Up Elections?
This is apparently what happens when a Democratic secretary of state — the kind in charge of elections, not the kind in charge of diplomacy — unexpectedly becomes her state’s governor:
On Monday, Oregon became the first state that will automatically register voters using information collected at the DMV.
Anyone eligible will be given an opportunity to opt out — but otherwise they become registered voters. The administration estimates that about 300,000 people will be added to the rolls, increasing the number of registered voters from 2.2 million to 2.5 million.
Federal law already requires states to allow people to register to vote while filling out paperwork for a driver’s license. Oregon’s new law will make the process automatic.
Democrats have felt no end of frustration over the spread of voter ID laws, not only because they disenfranchise huge numbers of people in the name of solving an essentially imaginary problem (in-person voter impersonation), but also because they seem almost impossible to stop. The Supreme Court has approved ID laws multiple times, even ones that are nakedly partisan, and voter ID laws are now in effect in 31 states. Republicans have also tried other ways to make registration and voting as difficult as possible, including restricting early voting. But other than mounting traditional registration and education drives and challenging new laws in court, Democrats haven’t come up with too many ways to fight back.
But Oregon could be pointing the way to a new, more offensive effort on Democrats’ part. Instead of just trying to counter Republican voting restrictions, they could find new ways to open up the voting system and get more people to the polls. This law doesn’t completely solve the problem of the unregistered (it only reaches people who have gone to get driver’s licenses or other ID from the DMV), but it goes a long way in that direction.
And critically, the Oregon law begins from the premise that everyone should be part of the electorate, and if they aren’t, then policy ought to be changed. Under the new law, you can opt out of registration if you want, but the default is that you’ll be registered. The implicit assumption behind Republican restrictions is that voting isn’t a right but a privilege, one you have to earn by jumping through a series of hoops.
We all know why that is: When you make registering and voting inconvenient or difficult, a certain number of potential voters will be eliminated from the pool, and those voters — whether because they’re younger or poorer or more minority — are more likely to vote for Democrats. You could argue that on the flip side, Democrats who want to make registering and voting easier are just as motivated by their partisan interest. Which may be true — as Sean McElwee details, a variety of studies have found that the non-voting population is substantially more liberal than the population that actually votes. But it’s still in Democrats’ favor that unlike Republicans, they’re not trying to restrict anyone’s rights in order to accomplish their goal.
Republicans claim — sometimes even without giggling — that their only concern is the integrity of the ballot and they never even consider the possibility that ID requirements will benefit their partisan interests. So they ought to be taken at their word. If we put enough effort into it, there’s no reason we couldn’t have a system that was secure and made fraud extremely difficult, but also made voting the default option. Ten states use same-day registration, which makes voting much easier, and they haven’t been overwhelmed by fraud. We ought to be able to come up with more ideas for making voting easier without sacrificing security.
Just imagine if elections were about which party or candidate was more appealing, and not about who could get more of their voters to the polls while discouraging the other party’s supporters from turning out. That would be quite something.
By: Paul Waldman, Senior Writer, The American Prospect; The Plum Line Blog, The Washington Post, March 17, 2015
“The GOP Won’t Stop Suppressing Our Votes”: Access To The Ballot Has Become A Feverishly Partisan Issue
For me, voting rights aren’t a partisan matter. They are a fundamental right that all adult citizens should enjoy without restriction. I don’t even think there should be such a thing as “getting out the vote” because I think all citizens should be required to participate, even if it is just to express their lack of endorsement for any candidates, initiatives, or referendums. People should get themselves to the polls and political parties should focus exclusively on winning over their support. That’s how I feel, but I recognize that access to the ballot has become a feverishly partisan issue. And, I wonder if restricting ballot access was actually successful enough in these midterms that it changed the outcome of some elections. Perhaps in North Carolina?
Voters in fourteen states faced new voting restrictions at the polls for first time in 2014—in the first election in nearly fifty years without the full protections of the Voting Rights Act. The number of voters impacted by the new restrictions exceeded the margin of victory in close races for senate and governor in North Carolina, Kansas, Virginia and Florida, according to the Brennan Center for Justice.
In the North Carolina senate race, Republican Thom Tillis, who as speaker of the North Carolina General Assembly oversaw the state’s new voting law, defeated Democrat Kay Hagan by 50,000 votes. Nearly five times as many voters in 2010 used the voting reforms eliminated by the North Carolina GOP—200,000 voted during the now-eliminated first week of early voting, 20,000 used same-day registration and 7,000 cast out-of-precinct ballots.
The intention in placing these new roadblocks to voting was to change the outcome of elections. Only the worst dupe in the world thinks that the intent was to increase the integrity of the count. Even if these restrictions didn’t change any actual outcomes, the perception that they did in Republican circles assures that they will keep at it since they think it’s a winning strategy.
And it probably is.
By: Martin Longman, Political Animal, The Washington Monthly, November 9, 2014
“Judge Slams Voter Suppression Law”: ‘Why Does The State Of North Carolina Not Want People To Vote?’
Voting rights advocates in North Carolina caught a lucky break on Thursday, where it was revealed that the panel of three judges who would consider that state’s comprehensive voter suppression law included one Clinton appointee, Judge Diana Gribbon Motz, and two Obama appointees, Judges James Wynn and Henry Floyd. Last month, a George W. Bush appointee to a federal trial bench in North Carolina allowed the law to go into effect during the 2014 election, the panel of three judges from the United States Court of Appeals for the Fourth Circuit are now considering whether to affirm or reverse that decision. They heard oral arguments in the case on Thursday.
Several provisions are at issue in this case that all make it more difficult for residents of North Carolina to cast a vote. One provision cuts a week of early voting days. Another restricts voter registration drives. A third implements a strict voter ID law, although that provision does not take effect until 2016, so it would be reasonable for the court to decide not to suspend it during the 2014 election.
One provision that received a great deal of attention from the judges during Thursday’s oral arguments in this case is a change to the state law that causes ballots to be tossed out if a voter shows up in the wrong precinct. For the last decade, voters who showed up at the wrong precinct would still have their votes counted in races that were not specific to that precinct, so long as they voted in the correct county. The new law prohibits these ballots from being counted at all. According to the Associated Press, that means thousands of ballots will be thrown out each election year.
Judge Wynn, the only member of the panel who lives in North Carolina, appeared baffled by this provision. Explaining that he lives very close to a precinct that is not his assigned polling place, he asked the state to justify why his vote should be thrown out if he did not travel to a precinct that is further away from his home. At one point, his questions grew quite pointed — “Why does the state of North Carolina not want people to vote?” Wynn asked. At another point, he described a hypothetical grandmother who has always voted at the same place. Why not “let her just vote in that precinct?” he wondered?
An attorney defending the North Carolina law spent a great deal of his time at the podium arguing that it would be too disruptive for a court to suspend parts of North Carolina’s election law this close to the November elections. As a legal matter, this is a strong argument. In a 2006 case called Purcell v. Gonzalez, the justices reinstated a voter ID law that had been halted by a lower court. They explained that “[c]ourt orders affecting elections, especially conflicting orders, can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase.”
Yet the judges seemed skeptical of this argument as well, questioning what evidence the state could show that voters would actually be confused. When an attorney argued that restoring lost voting rights could be logistically challenging for the state, Judge Floyd asked whether “an administrative burden [can] trump a constitutional right?”
The argument that judges should heed Purcell‘s warning and be cautious about changing voting law close to an election also did not convince a much more conservative panel considering another voter suppression law in Wisconsin. Earlier this month, a panel of three Republican judges reinstated a voter ID in a single page order issued the same day that they heard oral arguments in the case. At the time, election law expert Rick Hasen criticized this order as a “very bad idea,” in part because of the reasons stated in Purcell. There are already early signs that Hasen was correct.
The Wisconsin case is already making its way to the Supreme Court, and the North Carolina case is likely to wind up there as well, especially if the Fourth Circuit rules against the state’s law. Should both cases come before the justices, that means that they will be confronted with one case where a court changed a state’s election law in a way that Democrats generally approve of, and another case where a court changed the state’s election law in a way that Republicans generally approve of. Both of these changes, moreover, would be made close to an election.
If the conservative Roberts Court really meant what it said in Purcell, then it is likely to allow the North Carolina law to go into effect while suspending the Wisconsin law. Should it allow both laws to take effect, however, that would raise serious concerns about whether the justices are willing to apply the same rule to every case, regardless of whether the rule benefits Democrats or Republicans.
By: Ian Millhiser, Think Progress, September 29, 2014
“Vote or… Just Vote”: We Are Missing Important Voices In Our Democratic Process
It is National Voter Registration Day on September 23, an entire 24 hours dedicated to getting unregistered voters to fill out that voter registration form and commit to voting in this upcoming midterm election. For this civics nerd, it is amazing that this is a designated day. Voting has a holiday besides Election Day.
As someone who has worked in the civic engagement space and is currently running for office, I recognize that I have a more heightened awareness of this calendar date than others. Even if this is your first time getting involved in an election, it is the right time to start.
You’re a woman? Register to vote.
You’re between the ages of 18 to 24? Register to vote.
Republican? Register to vote.
Democrat? Register to vote.
You’re simply eligible? Register to vote.
This can be seen as a self-serving declaration as a candidate for public office, but we are missing important voices in our democratic process.
Regardless of your political leanings or your issues, some organization out there will help you register. As someone who wants to see everyone engaged, there is no problem pointing you in the right direction to the right resources. I’ll start with Rock the Vote.
This election is about the individual voter. It is a guarantee that your registration and vote can and will make a difference. With so many close races and important initiatives across the country, your vote could be a part of a several hundred-vote difference on a candidate or an issue.
Does the form seem long? It is really not that bad. Trouble getting to the polls? You can elect absentee.
The proper retort to what many people feel is do-nothing politics is do-something voting.
By: Christina Gagnier, EdTech CEO. Congressional Candidate, CA-35; The Huffington Post Blog, September 22, 2014
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