Report Finds Florida Voting Laws Still Need Improvement 16 Years After Bush v. Gore
- david vance, liza mcclenaghan
Sixteen years after the Bush v. Gore vote counting debacle embarrassed the state and threatened to derail the nation’s transfer of power, Florida’s voting laws are stronger but remain in significant need of reform, Common Cause says in a report released today.
Protecting the Vote in 2016: A Look at 11 Swing States praises Florida’s use of online voter registration and its move – not yet complete — to paper ballots, which provide an important layer of ballot security.
But the report says Florida makes it too easy for partisans to disrupt the voting by challenging voters at the polls and calls the state’s refusal to count provisional ballots cast out of the voter’s home precinct “unsatisfactory.”
“This report highlights some areas where improvements could be made quickly to improve citizen participation in the democratic process,” said Liza McClenaghan, board chair of Common Cause Florida. “We encourage those who can make these changes to do so before the next election cycle.”
The report is intended to serve as a guidebook for voters seeking to navigate new state laws impacting their exercise of the right to vote. It encourages every eligible voter to register and cast a ballot and emphasizes that studies show that those who make a plan, including how and where to vote, are more likely to follow through and succeed. Knowing what to expect at the polling place on Election Day helps voters flesh out such a plan and knowing your rights assists you in securing your ballot.
“As Americans we should encourage every eligible person we know to vote. But with the release of Protecting the Vote 2016, Common Cause lays bare the lengths some state legislatures have gone to erect barriers making it harder for some Americans to vote,” said Common Cause President Karen Hobert Flynn. “Once voters learn laws they thought made elections safer, like voter ID requirements, actually prevent hundreds of thousands of eligible people from voting, they are more likely to see it as a manipulation of the system and reject it. It is critically important that voters exercise their constitutional right, so take a few minutes to learn more, because the best way to fight back against politicians gaming the system to silence your voice is to make a plan to vote.”
In addition to Florida, the report focuses on the swing states of Colorado, Iowa, Michigan, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Virginia and Wisconsin. The report provides a comprehensive overview of voting practices – from how voters register to what they can expect at the polling place, to what states do to ensure ballots are accurately counted – in 11 swing states where races are tight and single votes can make a difference.
The report examines and summarizes each state’s laws impacting voters and rates them as “excellent,” “good,” “satisfactory,” “needs improvement” and “unsatisfactory.”
The report reviews:
- Voter ID: State requirements for voter identification at the precinct, noting whether the laws are fair or vote-suppressive.
- Voter Registration: Options each state provides for voter registration, understanding that more opportunities increase the chances that those who have been politically marginalized can participate;
- Voting Place Challenges: State laws governing challenges to voters at the polling place on Election Day, given that such efforts are often unsubstantiated, sometimes intimidating, and can lead to illegal behavior;
- Provisional Ballots: State procedures for counting provisional ballots, because some practices leave some voters voiceless;
- Paper Trails: Whether a state provides a paper record for each vote, verifiable by the voter, as glitches can occur with voting machines;
- Post-Election Audits: State policies and practices for robust post-election audits to detect and if necessary correct outcome-changing miscounts;
- Internet Ballot Transmission: State laws on the transmission of marked ballots over the internet, where because of the limits of current technology they can be intercepted and undetectably altered.
The report, authored by Allegra Chapman, Susannah Goodman and Dale Eisman of Common Cause with contributing author Pamela Smith of Verified Voting, is intended to educate and empower voters by providing tools and information they need to vote. It encourages every eligible voter to register and cast a ballot and emphasizes that studies show that those who make a plan, including how and where to vote, are more likely to follow through and succeed. Knowing what to expect at the polling place on Election Day helps voters flesh out such a plan and knowing your rights assists you in securing your ballot.
The report also aims to encourage election officials, state administrators, and legislators to improve existing election systems. America has no perfect voting system; all states could do more to provide access to voters and upgrade technology and safety measures. States that scored “needs improvement” or “unsatisfactory” in our ratings should heed the recommendations to improve their systems.