Report analyzes election policies in three MDN states
A Common Cause and Demos report analyzes election policies in 10 swing states – including three Midwest Democracy Network states – that could disenfranchise voters and impact election results.
“Voting in 2010: Ten Swing States” looks at key issues in Illinois, Michigan, Ohio, Arizona, Colorado, Kentucky, Louisiana, Missouri, Nevada and North Carolina, provides summary charts evaluating each state’s practices, and providing a set of recommendations for improvement to voting procedures.
ILLINOIS
“Illinois does a lot of things right when it comes to elections,” said Tova Wang, Senior Democracy Fellow at Demos and author of the report. “That said, in what should be a close race elections officials will have to make extra sure that poll workers are well trained and are given clear instructions, and that voters know their rights, especially with respect to possible challenges by partisans at the polls.”
Obstacles encountered for full voter participation include:
• Voters who are “challenged” at the polls must show two forms of identification or have another voter testify to their eligibility in order to vote.
• Provisional ballots cast in the wrong precinct – even if cast at the correct polling site or in the correct county – will not be counted for any race, potentially disenfranchising a great number of eligible voters.
• To the potential detriment of military and overseas voters, Illinois has no new legislation mirroring the new federal law’s requirement that absentee ballots be sent at least 45 days prior to the election to voters requesting them.
• The state website provides no comprehensive translation of voting information or materials.
Some positive election laws and procedures found in the report include:
• Illinois jurisdictions allow eligible citizens to register and vote at the same time between the close of regular registration and the 7th day prior to an election.
• Voting rights are automatically restored to citizens when they are released from prison; citizens on parole or probation are eligible to vote.
• Only first-time voters who registered by mail must provide identification
• Provisional ballots are validated and counted within 14 days of the election by election officials.
• Illinois does not jeopardize the privacy and security of overseas and military voters by accepting ballots cast by fax, e-mail, or over the Internet.
• Cook County has an exemplary program for reaching out to new citizens and limited English proficient voters.
MICHIGAN
“Given that Michigan was at the center of controversy regarding challenges to voters whose homes had been foreclosed in 2008, we remain concerned about voter caging and challenges at the polls in that state,” said Wang. “We also hope that extra care will be taken to ensure that voters and poll workers understand that under Michigan’s voter identification law, any voter without photo ID can sign an affirmation and vote a regular ballot.”
Obstacles encountered for full voter participation include:
• Despite cooperative efforts between the state’s Department of Human Resources and voter advocates, data on voter registration at public assistance agencies suggest that improved National Voter Registration Act procedures have not been uniformly implemented throughout the state.
• Because the state has no law specifically prohibiting deceptive practices, voters are vulnerable to Election Day dirty tricks and misinformation campaigns.
• Provisional ballots cast in the wrong precinct – even when several precincts vote at a common site or the voter chooses the wrong precinct within his/her home county—will not be counted, potentially disenfranchising a great number of eligible voters.
• The voter registration deadline falls 30 days prior to the election, effectively barring some interested citizens from being able to register to vote in time to cast ballots.
• Prior to Election Day, any registered voter in a municipality may challenge the registration of any registered voter. On Election Day, any registered voter of the precinct at the polling place may challenge a voter.
Some positive election laws and procedures found in the report include:
• Citizens regain their voting rights as soon as they are released from prison.
• Michigan does not jeopardize the privacy and security of overseas and military voters by accepting ballots cast by fax, e-mail, or over the Internet. Ballots are sent out to voters “upon receipt” of a request and in accordance with the 45-day rule of the Military and Overseas Voter Empowerment (MOVE) Act
• The Secretary of State makes a serious effort to conduct voter registration at citizenship naturalization ceremonies.
OHIO
“Ohio is once again going to have incredibly close elections this year, and it has been the site of numerous voting problems in the past, including vote suppression,” said Wang. “Ohio has made great strides over the last several years in reforming the system, but it’s a state that always needs to be watched.”
Obstacles encountered for full voter participation include:
• The very early voter registration deadline – 30 days prior to the election – may prevent many interested citizens from participating.
• Issues regarding database matching remain unresolved, though the secretary of state has taken steps to resolve them.
• Ohio has had problems with deceptive robocalls and other attempts to use misinformation to prevent individuals from voting; the law is not specific enough to combat such practices. Ohio also lacks anti-spam statutes which apply to non-commercial e-mails, although e-mail is a common and rapid method of spreading disinformation.
• Provisional ballots cast at the wrong precinct are not counted.
Some positive election laws and procedures found in the report include:
• In response to a lawsuit, Ohio is improving its registration practices at state public assistance agencies. The state’s Department of Job and Family Services entered into a settlement agreement in November 2009 to implement and monitor the NVRA. The first several months of data reporting under the agreement are encouraging.
• Citizens who have finished their prison sentences are allowed to vote.
• Ohio’s implementation of the Military and Overseas Voter Empowerment (MOVE) Act is exemplary. The Secretary of State’s office has been partnering with local elections officials to update them on MOVE. Additionally, it intends to work with non-profit agencies to conduct outreach to voters covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and work with the Overseas Vote Foundation to update its UOCAVA site.
• The state also has exemplary practices with regard to voter registration outreach to newly naturalized citizens. The secretary of state’s office provides voter registration information to all naturalized citizens and has conducted registration at naturalization ceremonies.
The state assessment chart
Dozens of impediments to voting and voter registration were uncovered in this examination of election laws and practices – along with some positive news for voters.
These 10 states are expected to be pivotal in this fall’s battle for control of Congress and were chosen because, historically, closely-contested elections often feature attempts to suppress voter registration and turnout, some of them abetted by archaic state laws and election practices.
