Order Code RS20898
Updated September 7November 30, 2001
CRS Report for Congress
Received through the CRS Web
Elections Reform: Overview and Issues
Kevin J. Coleman
Analyst in American National Government
Government and Finance Division
Eric A. Fischer
Senior Specialist in Science and Technology
Resources, Science, and Industry Division
Summary
The remarkable circumstances of the 2000 Presidential election are quite unlikely
to be repeated, but Florida’s role in determining the outcome may be remembered as a
turning point with respect to the nation’s election system. Previously obscure details of
voting and vote counting have become the focus of public attention, and various state
and national commissions have issued reports or recommendations on changing the
voting process. Some states have already made plans to replace voting equipment and
adopt other improvements before the 2002 election cycle, while others are considering
similar changes.
As Congress considers legislation to reform the voting process, a number of issues
have emerged as part of the debate: the reliability of different types of voting
technologies; voting problems and irregularities in the 2000 election; problems for
military and overseas voters; the electoral college; and early media projections of election
results. (For additional information on these issues, see the CRS Electronic Briefing
Book on Election Reform. For a discussion of campaign finance reform issues, see CRS Issue Brief
IB87020 and the
CRS Electronic Briefing Book on Campaign Finance Reform.) This report
will be
updated periodically to reflect new developments.
Voting Systems
After election day 2000, the media focused attention on specific problems with punchcard
voting. In the months since
punchcard voting. Since then, however, broader questions have arisen about error
rates,
costs, counting standards, and other issues, as election officials consider upgrading
current systems (for an in-depth discussion, see CRS Report RL30773, Voting
Technologies in the United States: Overview and Issues for Congress) current
systems. Elections in the
United States are administered at the state and local level, and
the federal government does
not set mandatory standards for voting systems, nor does it
provide funding to state and
local jurisdictions for the administration of elections. While
initial reactions to problems
concerns raised by the November 2000 election tended to focus on technological fixes such as eliminating
Congressional Research Service ˜ The Library of Congress
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technological fixes such as eliminating punchcards, some consensus emerged subsequently
punchcards, a consensus appears to be emerging that the issues, and the solutions needed,
are more complex. Those solutions are likely to
involve trade-offs among such diverse
goals as cost, speed, accuracy, security, reduction in voter errors, and ease of use.
diverse goals.
Kinds of Systems. Currently, five different technologies are in use — paper
ballots, lever machines,
punchcards, marksense forms (also called optical scan), and electronic systems — and
most most
states use more than one kind. Each has advantages and disadvantages with respect
to to
error rates, cost, speed, recounts, accessibility to disabled persons, and other
characteristics. Differences in actual performance in elections are difficult to measure
accurately, and they depend on many factors other than the technology, such as the familiarity
familiarity of voters with the equipment, the complexity and design of the ballot, local
standards and
practices, the condition of the equipment, and the level of competence of
pollworkers.
States also have different requirements for voting systems — for example, whether
the full ballot must be displayed on one page, whether votes are tabulated in the precincts
or at a central location, whether straight-ticket voting is provided, and how accessibility
requirements are to be met. Moreover, election jurisdictions within states differ in how
they configure and use the systems to meet local needs. As a result, no clear consensus
has yet emerged among election administrators and other experts on what systems are
best. Many believe that a diversity of systems promotes innovation and inhibits systematic
fraud, and is therefore preferable. Others believe that a uniform voting system, at least
within each state, can be made sufficiently secure, and would be more efficient and more
likely likely
to ensure that all voters have equal opportunity to cast their votes.
Federal Funding. A central issue for Congress is what role the federal government
should play in
addressing the concerns that have been raised about voting systems,
particularly with
respect to funding and standards. The cost of providing fully accessible voting equipment
nationwide has been estimated at $3–$5 billion, according to Doug Lewis of the Elections
Center. That Estimates of funding needs for
equipment replacement have varied, depending on goals, from about $0.5–$5 billion. That
does not include administrative costs, voter education programs, training of
pollworkers,
and so forth. Some have proposed federal funding for upgrading current
systems, in the form of discretionary or formula grants administered through the Federal
Election Commission (FEC), the Department of Justice, or other agencies, or have
discretionary or formula grants for upgrading
current systems, or have suggested that the federal government should contribute to
defraying the cost to local
governments of holding federal elections. Others believe, in contrast, that improvements
that
improvements in other aspects of election administration and in voter education would be
more effective
than upgrading technology. Still others state that an integrated, systemic
response is
needed that involves all aspects of election administration. Some observers
also believe
that significantly higher investment in research is needed to develop better
voting systems,
while others state that current knowledge and levels of investment are sufficient to make
any needed improvements.
sufficient.
Standards. One focus of current debate is whether a need exists for more
standardization. In the
1980s, the FEC developed voluntary standards for computer-based
voting systems (see
[http://www.fec.gov/elections.html]). Most states have now adopted
those standards.
, which are currently being updated. Some have suggested that mandatory,
rather than voluntary, standards be adopted
nationwide for existing voting technologies. Such voting systems. Such
standards might also be expanded in
scope from the current set, which does notto address factors such as ballot design, election
management, or voter errorvoter error, and
election management. For example, standards might require that a voting system
prevent prevent
or reduce overvotes or provide common procedures and standards for recounts.
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Others Others
have proposed that standards be broadened but remain voluntary, or that the matter
be left
to state and local jurisdictions.
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Congressional Authority. The U.S. Constitution gives Congress the authority
to regulate congressional
elections (see CRS Report RL30747, Congressional Authority
to Standardize National
Election Procedures). The Voting Rights Act (see 42 USC §
1973; and CRS Report 9589695-896, The Voting Rights Act of 1965, As Amended: Its History
and Current Issues)
prohibits discriminatory voting practices and, along with the Voting
Accessibility for the
Elderly and Handicapped Act, also sets some requirements for
elections with respect to
accessibility (see 42 USC 1973aa-1a, 6, and ee). Congress could
also attach conditions
to the receipt of any funding provided for voting systems or election
administration.
Other Issues in the 2000 Election
Reports of problems in Florida and elsewhere in the nation during the 2000 election
raised raised
concerns about specific failures and the overall integrity of the election system:
voting voting
problems and irregularities; problems with ballots from military and overseas voters;
the the
electoral college; and media projections of state outcomes before polls had closed.
Voting Problems and Irregularities. Allegations of voter intimidation and
voting irregularities in Florida and elsewhere prompted several investigations, including
a series of hearings
conducted in Florida by the U.S. Commission on Civil Rights. The
Commission issued the final report on its investigation , with a final report issued
in June 2001 (see
[http://www.usccr.gov/vote2000/stdraft1/main.htm]). In March 2001,
Attorney General
John Ashcroft announced a Justice Department voting rights initiative that includes
includes increasing the number of federal monitors who oversee the voting process, hiring
a new
senior counsel to supervise enforcement of federal laws and recommend changes, and
and adding an additional eight lawyers to the voting rights staff (for more information on this
initiative, see , see
[http://www.usdoj.gov/ag/speeches/2001/0307civilrightspressconf.htm]).
Some are concerned that the National Voter Registration Act (42 USC 1973gg et
seq.), the “Motor Voter” law, may have added ineligible voters to the registration rolls.
For example, there were media reports that hundreds of felons had voted in the November
2000 election,
even though only a few states automatically restore voting rights for ex-offendersexoffenders. There
were also reports that some new motor voter registrants were unable to
cast ballots on
election day because their registrations could not be confirmed. And in
Florida, some
eligible voters reportedly were improperly purged from the voter rolls when counties
counties checked registration lists before the election. A number ofSome bills have been introduced to
to amend or repeal the National Voter Registration Act.
Military and Overseas Voters. Members of the military and U.S. citizens who
live abroad are eligible to vote absentee in federal elections under the provisions of the
Uniformed and Overseas Citizens Absentee Voting Act (42 USC 1973ff-6). Controversy
in Florida concerning military and overseas ballots centered on two issues — the
requirement that ballots must be postmarked by election day and the deadline for counting
them (10 days after the election) — neither of which is addressed in federal law. Because
federalthe law leaves such details to the states, postmark requirements for returning ballots
vary by state.
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The law is administered by the Secretary of Defense through the Federal Voting
Assistance Program office in the Department of Defense ([http://www.fvap.ncr.gov]).
After the election, Secretary of Defense William S. Cohen directed the Defense
Department Inspector General to investigate issues with military and overseas citizens’
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ballots and to recommend changes to the law; a report (Report No. D-2001-145) was
issued on June 22, 2001 (see [http://www.dodig.osd.mil/audit/reports/01report.htm]). In
Congress, a number of bills have been introduced toseveral bills would address problems with voting by those
covered by the
existing federal law (see CRS Report RS20764, The Uniformed and
Overseas Citizens
Absentee Voting Act: Background and Issues for the 107th Congress).
Electoral College. For the first time since 1888, the winner of the popular vote
in the election did not also win a majority of the electoral college vote. Governor Bush
won 50,456,169 votes (271 electoral votes) and Vice President Gore won 50,996,116
votes (266 electoral votes), yielding a Gore plurality of 539,947 in the popular vote (see
[http://www.cnn.com/ELECTION/2000/results/index.president.html]). President Bush
is President Bush is
the fourth President to win the Presidency despite losing the popular vote, the others
being being
Presidents J. Q. Adams (1824), Hayes (1876), and Harrison (1888).
Although hundreds of proposals have been introduced in Congress during the past
century and a half, controversy in the 2000 election renewed calls to abolish or modify the
electoral college (see CRS Report RL30804, The Electoral College: An Overview and
Vice President Gore
won a plurality of 537,179 in the popular vote, but Governor Bush won 5 more electoral
votes (271 versus 266) [http://fecweb1.fec.gov/pubrec/2000presgeresults.htm].
Hundreds of proposals to reform the electoral college have been introduced in
Congress during the past century and a half, and controversy in the 2000 election renewed
calls to abolish or modify it (see CRS Report RL30804, The Electoral College: An
Overview and Analysis of Reform Proposals; for an analysis of 107th Congress legislation,
see CRS
Report RL30844, The Electoral College: Reform Proposals in the 107th
Congress).
Uniform Poll Closing. There is renewed congressional interest in uniform poll
closing legislation because of early and inaccurate media projections on election night. In
the 2000 election, the networks projected a Gore victory in Florida before the polls had
closed in the Florida panhandle, but subsequently withdrew the projection. Furthermore,
proponents of uniform poll closing argue that projections of the winner in key states may
depress voter turnout on the West Coast if it appears that the election is or will be decided
before polls close in the West. Several uniform poll closing bills have been introduced in
the 107th Congress, and hearings were held on February 14, 2001.
Alternative Methods for Registration and Voting
As Congress, the states, and various commissions and task forces explore ideas for
reforming the elections process, recommendations may include alternative methods to
register and vote, some of which are currently used in some of the states. Due to the fact
that the.
Alternative Methods for Registration and Voting
Because states, rather than the federal government, have administered elections since the
the country was founded, laws and practices vary considerably with respect to the many
complex details of the voting process. Innovations in some states, which may now be
considered more broadly, areinclude universal absentee voting, early voting, same day voter
registration, declaring an election day holiday, and Internet voting.
Absentee Voting. Voters in many states can request an absentee ballot for specific
reasons only, such as illness or travel, that would prevent the voter from casting a ballot
in person on election day. But recent trends in some states, including California and
Washington, allow any voter to request an absentee ballot, sometimes called “no fault”
absentee voting.
In Oregon, elections are conducted entirely by mail (see
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[http://www.sos.state.or.us/executive/policy-initiatives/vbm/execvbm.htm]). All registered
voters . All registered voters
automatically receive their ballots through the Postal Service, without needing to
make a
ballot request, in contrast to absentee procedures in other states (see
[http://www.sos.state.or.us/executive/policy-initiatives/vbm/execvbm.htm]).
Early Voting. In some states, voters may cast a ballot in person before election day
at voting places established in a county to accommodatethrough an early voting program.
Although there are many varied approaches to early voting — where satellite voting places
are located, how many days and hours are established for early voting, whether early
voting is a county option or whether it is required based on population — the number of
states with some type of early voting program is growing. According to There are many varied approaches, and the number of
states using it is growing. According to the Elections Reform Task Force of the National
Conference of State Legislatures, 1326 states now have some form of early voting. See (see
[http://www.ncsl.org/programs/legman/elect/taskfc/pps1/sld013.htm].press/2001/electref0801.htm#_Toc522012607]).
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Same Day Registration. Potential voters may register to vote in person on
election day
in six states: Idaho, Maine, Minnesota, New Hampshire, Wisconsin, and
Wyoming.
Election day registration accommodates those who wish to participate in an
election but failed to register
by the close of the registration period. In some jurisdictions,
eligible voters must go to the
voter registrar’s office or board of elections to complete the
form, while in others, they
may do so at the polling place.
Election Day Holiday. According to the FEC, 12 states designate election day as
a state holiday, although whether schools are closed and state employees are off varies
state by state (see (see
[http://www.fec.gov/pages/faqvdayeprocedures.htm]). An additional
20 states give state
employees some time off to vote, and 26 states also provide for private
sector employees
to take time off to vote. Bills to make election day a federal holiday have
been introduced
in Congress in the past, and several are pending in the 107th Congress.
Internet Voting. Internet voting was used on a very limited basis during the 2000
election cycle. The Arizona Democratic party conducted a March 2000 primary using
both the the
Internet and traditional polling places. In the November 2000 election, the
Defense Department
conducted a small pilot program in which voters requested and
submitted absentee ballots via the Internet. Although interest has grown, Internet voting
from remote locations raises pilot program in which 350 voters covered by the Uniformed and Overseas
Citizens Absentee Voting Act could request and vote an absentee ballot on the Internet.
Problems with existing voting equipment and failures in the recent election have increased
interest in Internet voting. At the same time, Internet voting from remote locations raises
concerns about voter identification, ballot secrecy, and access
for all potential voters. As
election officials consider replacing or upgrading traditional voting equipment, it is unlikely
that Internet voting willIt is unlikely to be widely adopted until security and access issuessuch problems are resolved
(see CRS Report RS20639, Internet Voting: Issues and Legislation).
National and State Initiatives
Immediately afterAfter the November 2000 election, both national and state task forces
and other
initiatives were established to address voting issues. The National Association
of Secretaries of State ([http://nass.stateofthevote.org]) adopted a February 2001
resolution calling for updated, voluntary national standards and federal funding for voting
system modernization, among other actions. The National Association of State Election
Directors ([http://www.nased.org]) also adopted a resolution in February calling for
increased federal funding to develop updated and expanded standards. The National
Association of Counties ([http://www.naco.org]) and the National Association of County
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Recorders, Election Officials and Clerks ([http://www.nacrc.org]) jointly established a
National Commission on Election Standards and Reform, which issued a report in May
2001 (see [http://www.ncsl.org/programs/press/2001/electref0801.htm]) examining several
aspects of election administration. The Election Center, an association of election and
voter registration officials, established an Elections Reform Task Force to review concerns
about election systems and recommend changes; the task force issued its report (see
[http://www.electioncenter.org/electionreformreport/COMPLETE%20Final%20Report
.htm]) in August 2001. The National Conference of State Legislatures established an
Elections Reform Task Force to restore public confidence in state election systems and
identify model practices and laws for states to consider. That report was issued on August
14, 2001 (see [http://www.ncsl.org/programs/press/2001/electref0801.htm]).
Several independent national efforts are also underway. The National Commission
on Federal Election Reform ([http://www.reformelections.org]), chaired by former
Presidents Ford and Carter, released a report in September 2001 (available at
[http://www.reformelections.org/data/reports/99_full_report.php]) on ways to improve
the accuracy and fairness of federal elections. The bipartisan Constitution Project
established an Election Reform Initiative to develop consensus on improvements in
election administration; its report (see [http://www.constitutionproject.org/eri/index.htm])
was issued in September 2001. The California Institute of Technology and the
Massachusetts Institute of Technology issued a report as part of a joint effort to determine
how to improve the performance and reliability of voting systems (see
[http://www.vote.caltech.edu/Reports/index.html]).
More than a dozen states have established task forces or other efforts to examine
election reform needs (see [http://nass.stateofthevote.org/Issues/issues_elections.html]),
and some have produced recommendations. At least five (Florida, Georgia, Maryland,
Iowa, and Missouri) have proposed adopting a uniform statewide voting system, as well
as other election reforms, and several have also proposed adopting systems that help
prevent voter error. Reform legislation is pending in all 50 states, with more than 1,600
bills introduced in state legislatures this year on a wide range of election reform issues.
See [http://www.ncsl.org/programs/legman/elect/elections.cfm].
Legislation
Numerous bills have been introduced in the 107th Congress to make broad-reaching
changes to the electoral system or to enact more limited changes to specific aspects of the
process. A number of bills would establish an election day holiday, modify the existing law
for voting by military personnel and overseas citizens, or change the National Voter
Registration Act. Of the proposals that would make major changes, some would establish
a commission to study the voting process and make recommendations for changes. In a
few cases, a new, permanent federal agency with ongoing responsibilities would be
established. A second group of proposals would establish a study commission or new
agency and would also provide grant money to states and local governments to purchase
new voting equipment or implement voting changes. A few bills would provide grants to
the states for specific activities to improve the voting process, but would not create a study
commission (For further information on legislation, see CRS Report RL30855, Election
Reform Bills in the 107th Congress: A Comparison, and CRS Report RL30773, Voting
Technologies in the United States: Overview and Issues for CongressRecommendations for federal action
were issued by ad hoc commissions such as The National Commission on Federal Election
Reform ([http://www.reformelections.org]), chaired by former Presidents Ford and Carter;
professional associations of election officials such as the Election Center
([http://www.electioncenter.org]); academic groups such as the Caltech/MIT Voting
Project ([http://www.vote.caltech.edu]); and others. While emphases and proposals vary,
there appears to be broad agreement among most or all on several recommendations,
including
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federal funding for technology upgrades,
use of formula grants for at least some purposes,
conditions for receiving federal funds,
improvements in the voting system standards;
expansion of data collection and dissemination,
enhancement of functions now performed by the Office of Election
Administration,
statewide, networked voter registration systems,
broader use of provisional ballots,
actions to facilitate voting by military and overseas citizens,
actions to ensure equal voting opportunity and accessibility,
improvements in voter education,
adoption by states of specific criteria for what is a valid vote, and
procedures to help ensure that statutory certification and other deadlines
are met.
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More than a dozen states established task forces or other efforts to examine
election reform needs (see [http://nass.stateofthevote.org/Issues/issues_elections.html]),
and some have produced recommendations. Reform legislation was considered in all 50
states on a wide range of election reform issues, with more than 1,600 bills introduced (see
[http://www.ncsl.org/programs/legman/elect/elections.cfm]). At least six states (California,
Florida, Georgia, Indiana, Maryland, and Minnesota) enacted legislation to assist in
upgrading or replacing current voting systems.
The General Accounting Office has also released several reports this year on
different aspects of election reform (for an overview, see Elections: A Framework for
Evaluating Reform Proposals, GAO-02-90, 15 October 2001). They include
recommendations on assistance to military and overseas voters and on voting system
standards, and a framework for evaluating election reform proposals.
Legislation in the 107th Congress
More than 80 bills have been introduced in the 107th Congress to make broadreaching changes to the electoral system or to enact more limited changes to specific
aspects of the process. Several would establish an election day holiday, modify the
existing law for voting by military personnel and overseas citizens, or change the National
Voter Registration Act. Of the proposals that would make major changes, some would
establish a commission to study the voting process and make recommendations for
changes. In a few cases, a new, permanent federal agency with ongoing responsibilities
would be established. Other proposals would establish a study commission or new agency
and provide grant money to states and local governments for new voting equipment or
other changes. A few bills would provide grants to the states but would not create a study
commission. Hearings on various aspects of election reform have been held by the
Administration, Armed Services, Energy and Commerce, and Science Committees in the
House, and by the Senate Committees on Commerce, Science, and Transportation;
Government Affairs; and Rules and Administration.
Three bills have been ordered reported. H.R. 2275 (Ehlers) would involve the
National Institute of Standards and Technology (NIST) in establishing voluntary standards
and certification procedures to ensure the usability, accuracy, integrity, and security of
voting systems. H.R. 3295 (Ney) would establish a program to buy-out or improve the
performance of punch card voting systems, a funding program to improve the
administration of elections, a new agency called the Election Assistance Commission, and
programs to recruit students to work at the polls on election day. It would also involve
NIST in development of voluntary standards and certification of voting systems, set certain
minimum standards for state and local election systems, and address some issues relating
to uniformed and overseas voters. S. 565 (Dodd) would establish a commission to study
and make recommendations concerning voting reform, establish a grant program to replace
equipment and make improvements in election administration, and require states to meet
certain standards with respect to the voting process. (For further information on
legislation, see CRS Report RL30855, Election Reform Bills in the 107th Congress: A
Comparison).