Election Day USA has become a mixture of civic participation, grand theater and, tragically, massive distrust. American voters are grappling with how to restore faith in the electoral process. We have arrived at a sad impasse when the leader of the Free World holds elections viewed with suspicion.
Disputed elections have been part of US history since the nation’s founding. Differences have typically been resolved through state and federal court judgments. This was proper since the USA is a nation of law. In recent decades, however, election norms and procedures have been upended and have unsettled much of the electorate.
Since election law in the USA is largely determined on a state by state basis (US Constitution, Article I, Section 4) there is inherent variation. Accepting that the “several states” will have unique rules specific to their citizenry, what rules/mechanisms will encourage acceptance of Election Day results to the country as whole?
Election Rules
Prior to 2020 election law was the province of the “several states” legislatures, as specified above. During the Covid-19 pandemic, multiple governors, secretaries of state and state supreme courts implemented election law changes outside of their respective legislatures. Should these changes stand? Should entities outside of state legislatures retain the power to implement election law changes?
Election Day voting has been expanded to weeks prior to the first Tuesday of November. The acceptance of ballots has been extended beyond Election Day. Some states now allow counting of ballots received weeks after Election Day. Do we return to Election Day/Night counting or continue with multiple deadlines?
Some states have implemented automatic voter registration of anyone applying for licenses and/or government benefits. Legally and historically, voting in the USA has been a right of legal US adult citizens. Would inclusion of non-Americans in the electoral process strengthen voter confidence?
If voting rights are to remain limited to adult American citizens is it reasonable to require personal identification for verification of status? Will elimination of voter ID improve voter trust of final tallies?
Casting the Vote
The “several states” have each implemented ballot designs specific to their laws. The historical norm has been marked paper ballots but some states implement electronic ballots. Tabulation (counting) is either automated (scanning, electronic) or manual. Do we prefer the speed of automated counting or the hard data trail of a manual tally? Can the two be combined in a manner acceptable to the public majority?
Mail-in ballots have been allowed by numerous states for years and essentially follow the rules for absentee voting. The procedure allows remote voting while providing ballot tracking and voter identification. In 2020 some states expanded mail-in voting to include automatic mail-in ballots (ballots sent to all voters/residential addresses). Since automatic mail-in risks multiple ballots being sent per voter, will citizens perceive this practice as strengthening election integrity?
Voters expect that casting their vote will be safe and intimidation-free. Instances of party poll observers being blocked and/or harassed have negative connotations to the voting public. Men associated with bias groups have intimidated prospective voters from entering polling places. Does the American electorate support deployment of law enforcement personnel at voting locations to deter intimidation, or does the public perceive that the police are a bigger threat?
“Those who vote decide nothing. Those who count the vote decide everything.” Joseph Stalin
The final tabulation of votes is the ultimate word. Although he was a despicable mass murderer, Stalin, was right regarding the vote counter(s). Fortunately, throughout our history, the vote counters were responsible to the voting public and law enforcement. Once again, however, the 2020 election brought up questions regarding the tabulation process.
In some locations the vote count was shut down but continued behind closed doors without observer oversight. Will Americans respect a final tally, certified by observers from both parties, more or less than a tally performed without bipartisan certification?
For several election cycles the total “cured” ballot count has taken days/weeks to certify. This is a number that should be available within hours of poll closures. Will the voting public have greater or lesser confidence in a total ballot count that is verified quickly or drags out as the specific vote tally gets tighter with the difference trending in one direction?
The USA is the most innovative and technologically advanced nation on earth. Does our inability to declare election winners and losers within 24 hours of poll closures inspire or depress public confidence in election integrity?
Confirmation of the Results
Perhaps no acceptable confirmation of election results is possible without voter feedback. If each individual vote is tracked, recorded and entered in a state administered data bank, this would enable each voter to check his/her ballot choices online.
Discrepancies between actual and posted choices could be reported to the local governments and affected political parties. Enough anomalies would provide grounds for legal intervention. Would individual confirmation of ballot choices bolster acceptance of election results?
COS and Constitutional Elections
If America doesn’t trust election results then it’s ultimately game over. Fortunately, the US Constitution is a robust and clear eyed instruction manual for republican governance. COS promotes “We the People” governance. It is up to each of us to get involved and engage with our elected representatives.
The questions posed in this article are for consideration prior to discussion with our state legislatures. It is imperative that we bolster voter confidence in election integrity. Paraphrasing a fellow writer “Please, consider consequences not immediate results.” God Bless America and VOTE!
