Election Administration
News & Commentary | Archive

After the 2000 elections, election administration become a leading item on the agenda of election law reform. Congress enacted the Help America Vote Act:  the implementation of that Act, scheduled in phases, presents a continuing series of issues such as voter eligibility, access and voting technology. The role of elected officials in the administration of elections has given rise to calls for the professionalization—and depoliticization—of state and local election administration.

Lines on the Blog, on the Listserve

     Over the last couple of days, a question debated on the Hasen blog and on the lisetserv has been the prevalence and—if widespread—the significance of lines of voters waiting too long to vote.  Heather Gerken and Ned Foley believe on the strength of election day reports that these lines were a problem; another view, expressed on the listserve, is that the press reports may be overstated, and that voters will gladly stand for lines, within reason, just as they do on other occasions, for other reasons. 

 

A Further Note on "Appearances" in Election Administration Reform

     Chris Elmendorf and I had an exchange about the goal of strengthening "public confidence" in any election law reform.  It seemed that chasing this ghost, as a primary objective, would lead quickly nowhere, and that election reform would produce confidence if confidence was earned--by performance. So far the term "confidence" has shown up to ill effect in the Supreme Court's jurisprudence: it is the easy way out in empowering election officials to adopt "anti-fraud" measures in the absence of any evidence that fraud occurs.  But Elmendorf makes the point that the objective of higher public confidence should not be discounted altogether, especially in encouraging the losing side to accept the results. 

 

Approaches to Reform: Chris Elmendorf on the Problems with the “Federal Fix” Model

     Chris Elmendorf has inaugurated a new series on Rick Hasen’s election law blog, the first expert invited to post on the subject of “Fixing Election Administration.”   This is off to an interesting start: Elmendorf issues a challenge to the preference for “federal fixes” in solving key conflicts, such as in the accomplishment of secure but universally achieved voter registration.  A possibility he urges for consideration is one of encouraging state experimentation with federal grants administered by a nonpartisan federal agency. 

 

After this Election Day, Looking to the Next….

    Reports of "incidents" come in throughout Election Day and the task of those on the ground, or their colleagues on the phones or at their laptops, is to establish the relevant facts and pick out the most practical remedy calculated to produce the best possible outcome in the shortest period of time.  On November 4, many thousands worked hard at this job. 

 

The Rokita Standard of Public Service

     There is a special place—we need not say where—reserved for public officials who energetically divert the capital and authority of their position to partisan political bullying. Todd Rokita in Indiana, Secretary of the State and chief elections officer, is a star player on this roster.  Wisconsin’s J.B. Van Hollen—the Attorney General, no less—is clawing his way into recognition as fresh talent, eager to work his way up to Rokita’s level.

 

Also...

Understanding the Voters—and Respect for Them  10/28/08

McCain and the "Fabric of Democracy"  10/16/08

Vote Suppression and the Daily Call  10/15/08

Now Mum on Caging Plans—But the Silence Tells All  9/25/08

Fraud on the Election Law Listserv  9/19/08

Objections  9/17/08

More from CCP on (Against) Public Financing  9/2/08

The Right to Vote in a Change Election  8/25/08

Ballots and the Problem of Intelligent Design  7/22/08

Shadow Institutions and the Question of Guidance on What is "Reasonable" : A Reply by Gerken and Bauer to Elmendorf  6/4/08