Election Procedures
Problems in the presidential election of 2000 have led to studies, proposed remedies and more questions.
Nationally, the Help America to Vote Act (HAVA) is designed to correct some of the problems.
New Hampshire
This summary of a talk by New Hampshire Secretary of State, Bill Gardner to the New Hampshire League in April 2001, is still a good introduction to the topic.
Bill Gardner:
New Hampshire does not need as much election reform as some states because recounts are common here. The office of the Secretary of State has uniform procedures for recounts. Why are there so many recounts? The Legislature is large, and there are many elected county officials.
The closest United States Senate election in history occurred in New Hampshire in 1974. A contest between John A. Durkin, Manchester and Louis C.Wyman, Manchester was recounted several times by the State of New Hampshire and by the US Senate with differing results. The Senate was unable to decide the election, and the seat was declared vacant as of August 8, 1975 so a special election was held on September 16, 1975. The final results were: Durkin.....140, 778 votes , Wyman....113,007 votes. The turnout for that special election was greater than in the original election.
One problem revealed by this recount was the need for uniform, secure ballot boxes, which are now provided by the state.
Recounts have to be done by human beings because marks may be misaligned. Now we basically have the same (paper) ballot in every town. All ballots are paper so they can be recounted if necessary. There are three types of paper ballots:
- The old-fashioned kind that is marked with an x and counted by hand.
- The accuvote system where you fill in an oval.
- The op-tec system where you fill in the gap in an arrow.
Mr. Gardner pointed out the problems with punch card voting before this system became widespread in New Hampshire. The punch card system became available in the 1970s and was cheap. Hudson and Salem New Hampshire got the punch card system. He was horrified when he began doing recounts with them. There are very many ways that things can go wrong with punch card voting, as we have seen in the Florida problems last November. Because of having so many recounts, New Hampshire gave up the punch card voting.
What are some aspects of election laws on which states may differ?
- Absentee ballot procedures were tightened up after the contested Durkin Wyman election. In 14 states you have to show identification when you get a ballot. Here, if your identity is questioned, you have to sign an affidavit.
- Straight ticket voting is allowed in New Hampshire, but most states do not have this option. Mr. Gardner would do away with it if he had his way. A problem with straight ticket voting is that specific votes take precedence over general votes. That is, if you marked your ballot for a straight ticket, but vote for one candidate of the other party, that one vote is all that is counted.
- Republicans are listed first on New Hampshire ballots because the total vote, even for county officials, determines which party is listed first.
Same day registration is New Hampshire's alternative to the motor voter law. Mr. Gardner was opposed to the motor voter law. He felt it would result in fewer people voting. How did New Hampshire get same day registration? In 1993, when motor voter was passed, it exempted states that had same day registration. To avoid motor voter, the New Hampshire Legislature passed same day registration and made it retroactive. This was challenged, and during a federal budget crisis an amendment was passed that allowed the exemption if no general election had been held since the passage of the motor voter law.
On the question of voter turnout, he believes that people will vote if they have the will to vote. It is the will that is important. He thinks that cheapening the process results in lower participation. There is serious discontent among young people. They lack confidence or trust in government and this affects the turnout of eighteen year old voters.
Notes by Ruth Ann Groh
State Election Laws and Administration Issues in all the States
Election laws and regulations can vary significantly from state to state. This link to the National Association of Secretaries of State summarizes many key state election issues including absentee ballot deadlines, post-election recount timetable, states with same-day voter registrations, etc.:
http://www.nass.org/electioninfo/laws&admin.htm