Thinking Like Its 1999

imageEach January election officials from across the country as well as many others from government and industry gather in what is called the “Joint Election Official Legislative Committee.” As the name implies, the focus is legislation and developments at the federal level that impact election practices at the local level. Of all the professional meetings held throughout the year by the election profession, this is the most substantive and useful. The networking which occurs among officials from across the country and with others with election related interests is one of the great benefits of the meetings. Despite differing structures, laws, terminologies and sensitivities, the issues and challenges faced by election officials are very similar if not identical.

Typically the topics discussed are voting systems, money and resources, technology, postal regulations, civil rights enforcement, census as well as any proposed legislation. During the first session, attendees are asked what issues are of particular interests for discussion during the multi-day conference. In this morning’s meeting, the issues were not solely the typical reiteration of the usual topics but no clear theme emerged until, Alysoun McLaughlin, the Deputy Director of Elections in Montgomery County, MD, articulated one.
She proposed that we discuss internal processes for effectively managing technology and election processes instead of merely its acquisition. That theme was picked up and added to as others cited her recent piece which was reposted by Doug Chapin and spoke to the need of using language and terminology that is meaningful for those observing the elections process.

This theme echoes much of what I have been proposing in this blog- there is a need for the profession to focus on management skills and professional practices -themes which appeal to some but not to many in the profession. Technical subjects- voting machines, pollworkers, lawsuits, budgets, registration- dominate our discussions while “soft” subjects- leadership, management, performance management, staff development, etc are seldom addressed.

What is the discussion to address the issues Alysoun has raised? Individual voices calling for the introduction of “soft” practices such as Lean quality management practices and administrative reforms are like voices in the wilderness. How can the profession embrace a culture of continuous improvement? How can we leave behind the critical issues of 1999 and more effectively address the issues of 2013?

I am increasingly beginning to believe that those of us who have been in the profession for years and the institutions we have created (and lead) are not best situated or equipped to address 21st century election administration issues. It is promising to see the post-boomer generation move into leadership roles, create new institutions and ask the questions that haven’t been asked nearly enough.

Stay tuned.

The ElectionGuru Reviews 2013

Guru?  Really?

Guru? Really?

This is the time of the year that many look back over the past year and assess the significance of recent history.  These retrospectives can be helpful in situating ourselves as we enter a new year and can serve as a basis of future improvement.  I thought I would offer my own review of the last year in the field of elections.

Beginning on personal notes—it was nearly a year ago that I launched this blog.  My posts have been read by thousands of people around the world (nearly 20% are readers outside the US) and have occasionally triggered interesting conversations about the administration of elections.  Through this blog I have met many new colleagues and have renewed relationships with others.  My posts have been personally cathartic and have hopefully added to the knowledge base and conversations about election administration in both “theory and praxis.”

Further the year has brought a personal “return to the trenches” of election administration from the halls and towers of academia.  Ironically this change has confirmed to me the uneasy (maybe even incompatible) relationship between administration and academia on practical, cultural and professional levels.   Practitioners seem to lose standing with academic colleagues while fellow election officials grant little credibility to theoretical and scientific approaches to public/election administration.  Nonetheless, I and this blog, have a firmly planted foot in each camp and will continue to attempt to frame issues and topics in a way to foster common understanding and collaboration.

I hoped to trigger many conversations with this blog.  While the exchanges and discussions we have had have been thoughtful and interesting, I hope for more meaningful discussions in 2014.  Please share your ideas and responses to the ideas in this blog with all the readers.  Many readers have shared or retweeted this blog.  Please pass on the ideas, posts and links to those who study, administer, report on or have an interest in elections.

We lost a giant in the field of elections administration with the passing of Dick Smolka in 2013.  Dick and his ”Election Administration Report” were not only icons, Dick was a friend, mentor and role model for generations of us in the field of elections.

2013 saw the end of more than a decade of Doug Chapin’s Electionline and ElectionWeekly which has left a huge void in the daily routine, socialization and education election geeks around the country.  Doug’s Election Academy Blog, Brian Newby’s Election Diary, Rick Hasen’s Election Law Blog, NCSL’s Canvass newsletter and this Election Guru blog are the new on-line gathering places.

The President appointed another commission to examine the administration of elections and make recommendations.  The Commission has completed its hearings and information collection and we are awaiting its report.  The Election Assistance Commission’s future is uncertain and the organization is still rudderless without Commissioners or an Executive Director.

There has been no significant change in federally certified voting technologies or products.  Aging HAVA era voting systems remain the most viable systems going into the 2016 Presidential election cycle.  California passed SB 360 which changes the requirement for federal certification, streamlines the state process for certifying voting systems and offers the possibility of new development and business models to get system to the market and in use.  Time will tell.

The SCOTUS gave us two major election related decisions in 2013, both of which leave doors open for new issues and legal challenges.  In Shelby County v. Holder, the Court struck down Section V of the Voting Rights Act but left Section IV intact.  The decision did not remove the authority of the DOJ to enforce provisions of the VRA but merely removed the requirement for pre-clearance.  In Arizona et al. v. Intertribal Council of Arizona, the decision to strike down the Arizona requirement for proof of citizenship at the time of registration was less a decision than a punt.  The Court found that as the proof of citizenship provisions were not on the prescribed federal registration form, the state could not require the information if the registration was to be used for the voter rolls in a federal election.  The decision offered no opinion on the constitutionality of the proof of citizenship requirement and opened the door to dual (federal and state) registration rolls.

Several states, Florida, North Carolina and Kansas and others, continued to pass restrictive election laws on the pretext of preventing fraud even though there is no evidence of the type of fraud the measures could detect and prevent.

Internet voting in the US is still stuck in 1999 (and is likely to stay there for another generation) despite the efforts of FVAP to facilitate electronic delivery (and return) of ballots and election information to service members deployed abroad.

On a positive note- a generation of young, smart and action-oriented election officials is entering the field.  This generation is well exemplified by Kammi Foote, the Clerk, Recorder, Registrar of Inyo County, CA, who recently organized an international panel of scholars, administrators, technologist, vendors and activists to discuss the future of voting technologies.  It will take a generational change led by people like Kammi to find solutions for today’s most insoluble issues in the field of elections.

While much has happened in 2013, in the end, little if anything has really changed.  That shouldn’t be hard to improve upon.

Stay tuned

Election Costs, Used Cars, and Blue Books

kelly_blue“The bill is just a made-up number.  The true problem in health care is we don’t understand our costs. If you don’t know your costs, you can’t drive down health spending in this country.” ~ University of Utah Health Sciences Senior Vice President Vivian Lee (Salt Lake Tribune, December 16, 2013)

This quote might have easily been made about election costs.  Last week at the California Election Officials’ New Law Conference in Sacramento, it was announced that the Future of California Elections (FOCE) and the California Association of Clerks and Election Officials (CACEO) received a generous grant from the Irving Foundation to study the cost of elections in California.  There were few details offered about the scope, purpose and objectives of the study and no details on either the FOCE website or the Irvine Foundation site which is probably because the grant was recently announced.

The cost of elections has long been an interest of mine.  I chaired the Washington State Auditors Association Task Force on Election Costs from 1999-2002.  I have defended billing practices from challenges by Elected Officials, Fiscal Officers and Financial Auditors.  I have developed, documented and implemented county election cost calculators and billing protocols for a half dozen jurisdictions.    I have written legislative proposals, academic papers and even recently blogged on the question of election costs- The Mystery of Election Costs.

It is this long-term interest in election costs that has triggered a myriad of questions about what is(are) the question(s) the research is intended to answer; from which point of view will the issue be considered; about whether policy proposals are intended to be a work product of the study.

How much does that election cost?  Sounds like a simple and straight forward question, right? Maybe if you are a member of the public, activist or a scholar. 

If you are a county legislator, administrator or budget person you are probably asking questions like:  How much was actually expended for the election?  How much in addition to previously appropriated funds were expended?  How much were local funds?  How much was offset by revenue?  What is the difference between current expenditures and expected reimbursement?

If you are the entity for whom the election was conducted you are asking:  How much are you charging me for this election?  What are the indirect costs you are charging me?  What is my cost per voter compared to the cost per voter of others or the past?  Why is it so much?

If you are someone concerned about the cost of elections with dreadfully low participation rates or someone seeking to sensationalize low turnout you would be asking:  What was the cost of each vote cast in the election?

This type of thing should not be very surprising to anyone who has asked, “What does that car cost?”  Everyone has heard of the “Kelly Blue Book”, the authoritative guide to pricing a car, but few know that there are different versions with different values depending on who you are and your reason for asking the question.  The consumer has one version for private sales which contains high and low values depending on the condition of the car.  Most consumers think this is the only book and everyone is working with the same information.  Not so.  Different versions of the Blue Book are closely held and contain different values based upon whether you are a dealer and reselling a car, a dealer taking a car in trade or an insurance agent calculating salvage or replacement value.  The cost of the exact same car, like an election, is calculated based upon the assumptions you make, your reason for asking and the capacity in which you ask the question.  The answer is never the same.

Any study of election costs which does not acknowledge these realities can save a lot of time and money and conclude right up front, like health care in the quote above, “The [cost] is just a made up number.”

Stay tuned.

Management by the Lowest Common Denominator

lcdManagement by the Lowest Common Denominator (LCD) is a prevalent although inefficient management style in the public sector and one which characterizes the field of election administration. This style of leadership is based on a negative view of people and human nature and is intended to hedge against this nature.  In the field of elections, this is idea is expressed in such terms as:  voters are dumb, poll workers always screw up, temp workers are lazy, observers always cause problems and so on.

Management by LCD explicitly recognizes that mistakes will be made and some individuals can’t be counted on to do what they are asked.  It is true in most organizations that errors are made, misunderstandings occur, some things which should happen don’t get done, and some things that shouldn’t happen occur anyway.  Because these types of things could occur, management by LCD acts as if they must happen.  Because some people will make mistakes or not understand simple instructions, everyone is treated as if they are screw ups and dummies.  This is the idea of the Lowest Common Denominator in action.

In response, rules, policies, decisions, and procedures are developed in anticipation of the actions of the LCD.  This response inevitably leads to repetitive, overly prescriptive and micro-management tactics.  Management by LCD attempts to anticipate every situation and contingency and to prescribe, in advance, a standard solution since others cannot be trusted to problem solve or use their own judgment to handle situations.  Because someone might do it wrong (or differently than the manager), no one is permitted to anything other than follow instructions.  Management by LCD spends endless amounts of time contemplating unlikely “what ifs…” and exceptions at the expense of formulating efficient procedures to handle routine situations.  Ironically, despite all the time and effort to anticipate mistakes and prevent exceptions, mistakes and exceptions are never eliminated.

Management by LCD does not focus on how to best serve the 99% of the customer base efficiently and effectively; rather, it dedicates the majority of its energy and resources to anticipating and resolving potential problems of the 1%.  Of course not all possibilities can be predicted and anticipated in advance since humans are so adept at creatively making errors and misunderstandings.  The fact that exceptions are never eliminated reinforces the need for practitioners of management by LCD to manage in this fashion.  In a viciously circular logic, the inability to prevent exceptions drives management by LCD to expend increasing resources to resolve potential, future problems of a tiny minority at the expense of serving the vast majority.

Not only is management by LCD highly inefficient in delivering services and costly in fiscal terms, it is expensive in human terms as it is demoralizing and punitive to those who work in organizations who practice management by LCD.  Management by LCD prevents capitalizing on the strengths, knowledge and initiative of team members, further contributing to the ineffectiveness of the organization.

Those who have a tendency to manage by the lowest common denominator should take a step back and question their assumptions and ask themselves “Do I give a lot of thought about what people might do wrong or do I do I count on people doing what’s right?”; “Do I try to compensate for possible failures or do I try to facilitate successes?”; “Do I think people are dumb or do I think I need to do a better job communicating expectations?”  “Do I plan for failure or do I plan for success?”  If the responses to these questions point to a style of management by LCD, there are tremendous operational efficiencies, fiscal savings and human successes to be claimed by abandoning “lowest common denominator” thinking.

Stay tuned.

Courtesy of the Johnson City Press

The Mystery of Election Costs

Courtesy of the Johnson City Press

Courtesy of the Johnson City Press

Seldom does a week goes by that I am not asked by a jurisdiction to provide estimates of election costs for a series of hypothetical scenarios under consideration.  In the US there is a wide range of costs for an election depending upon the county, the date, the number of participants and the accounting and billing methods used by a county.  Providing an estimate is not a science- it is an art form.  An estimate must not understate the actual costs that will be billed nor should it greatly overstate the costs.  Estimates which are not in-line with the actual costs undermine the credibility of election officials and invites accountants and financial managers to scrutinize the way election costs are calculated, often opening up a window into the bizarre and byzantine

Typical consumer cost models

We live in a society where the price of almost everything we purchase is pre-determined and not subject to negotiation- with the notable exceptions of real estate and autos.  The price of a gallon of milk is clearly marked, doesn’t change from one customer to another and does not change between the trek from refrigerator case to the checkstand.  The price doesn’t vary by the number other people buying milk from the same store on the same day.  The price per ounce is based upon the contents and not by the portion consumed. 

When we take our car to a car wash we pay a fixed price to have it cleaned.  We are not charged by the wheel, the number of doors or the number of windows.  We are paying for a service- to have our car cleaned and these variables and others such as the amount of water used, the number of rags soiled or the number of people working on the car do not change the price or the value of the service.

Free riders are not welcome in our normal world of business transactions.  If a pizza is shared four ways we recognize the inherent unfairness in splitting the cost among only three of the four parties.  Similarly, if a person asks to tag along on a road trip and offers only to pay the incremental increase in fuel consumption because, after all everyone else was already will to pay the cost of the fuel for the trip, the request would be difficult to seriously consider.  

Typical election cost models.

In contrast, the cost of elections for most jurisdictions is characterized by some or all of the scenarios above.  Jurisdictions commit to conducting elections with no idea what the final cost will be and with no ability to control the variables which influence the cost.  Elections are seldom viewed as a service with a single price.  Rather elections are considered a set of commodities or parts with each charged separately.  Some jurisdictions (federal and state, courts) never pay their share of an election and shift the costs to others.  Some only pay the direct incremental cost of adding their issue to the ballot; in fact, a recent bill passed by the California legislature (SB 279) specifically prohibits counties from charging the proportional cost a specific district seeking to place a measure on the ballot in 9 counties in 2014.

More complicating factors.

Newspaper headlines often declare extravagant costs for each ballot cast in an election causing outrage and pandemonium.  Election costs are incurred based upon the number of voters who might show up and not the number of voters who actually do vote.  Elections are like catered parties and their cost is based upon the number of guests.  If you invite 100 guests, set 100 places, order 100 meals based  upon a cost of $10 per guest, the total cost will be $1,000.  If only 13 guests show up the cost to the host is still $1,000 even though the $10 cost per anticipated guest changes to $76.92 for each actual guest.  Election costs must always be considered on a potential voter basis and not an actual cost per ballot cast.

Cost comparisons between counties are inevitable as we comparison shop for almost everything in our society nowadays.  There is no common regulation or agreement regarding which expenses are billable and how they are calculated.  There is no agreed upon formula for how costs are allocated.  These realities make comparisons an apples-to-oranges exercise and not an apples-to-apples exercise.  Furthermore, even with an apples-to-apples comparison, elections are a monopoly in most places and jurisdictions cannot choose to do business with a cheaper county. 

In an effort to shop for better election prices, many local jurisdictions have shifted their elections from odd years, in which there are fewer jurisdictions with which to share the cost, to even years where they hope for a lower cost per voter.  The initial result was a savings for some while costs for odd year elections were shifted to those not making the change.  The predictable result has been that nearly all jurisdictions in some counties hold their elections in an even year.  The result is an obscenely long, cumbersome and costly ballot in even years and no election at all in odd years.

Claims for reimbursement for state mandates, exemptions from certain charges, indirect cost calculations and other local peculiarities further add complexity to the already complex and non-standard practice of estimating and billing election costs.

Some considerations for election cost reform.

The first consideration is broadening the measure of election costs from solely quantifiable fiscal metrics to include some qualitative metrics based upon the founding principles of our nation.  The even-year crowding of the ballot obscures candidates in contests further down the ballot.  Opportunities to address local issues are drowned out in the in the media blitzes and information overload of federal and state contests.  While fiscal costs may be lower, the costs of an uniformed electorate should be considered and weighted more heavily.  The cost to the integrity of the election of local officers of voters skipping or abstaining from voting local offices as a result of ballot-fatigue and a lack of information about the candidates should also be a non-fiscal cost consideration.

Some might say that it is naive to propose these qualitative measures since the status quo operates to the advantage of the incumbents who prefer to sneak under the electoral radar either unopposed or by relying in their name recognition advantage.  When election glitches occur, it is often these same local officials who pontificate against election administrators from the dais about the “sanctity of the franchise” and invoke the “blood and sacrifice” of those who have fought to protect our form of government.  If these are more than opportunistic platitudes, it seems that they should be included in any calculation of the cost of elections.

Second, the election community should consider a fee for service model for estimating and allocating the fiscal cost of elections.  When I recently took my car to have the water pump replaced, the service person looked up the year and make of my car and the service to be performed in a database, established by the automotive industry, and told me what they would charge as the labor for the service.  The guidelines in the database said that it would take an average of 3.5 units of labor to perform the requested service.  The number of units was multiplied by the billable labor rate of the type of person who would do the work.  The price would not change whether the mechanic was extremely experience and efficient and replaced the water pump in 1.5 hours or if the mechanic was a rookie and it took six hours.

An election is a service just like replacing a water pump.  The service is placing an issue or issues on a ballot which is made available to all eligible voters and the results of the voting are tabulated and reported in an accurate and timely manner.  That service is the same in a special election, an even year election, a primary election or an odd year election.  In a fee for service model, the cost for the exact same service would not vary because of unrelated and unpredictable reasons. 

Just like the mechanic used the variables of year, make and model, and the service to be performed, why can’t the service cost of an election be based upon the number of voters, the number of contests and the type of election (poll or by mail) regardless of the actual expenditure of time and resources?

Such a change would require changing the current, byzantine election cost paradigm and aligning it with the pricing and cost estimating paradigm we operate in on a daily basis.  Free-riders would be eliminated.  Prices would be predictable.  All would pay a rate proportional to size and scope of services.  To affect such a change, the cost of elections would have to be standardized across jurisdictional lines. 

Is it possible?

“Managership” or Leadership– The State of Election Administration

Public property keep outA review of the literature on public administration from any university textbook, academic anthology or assigned reading list does not reveal a treatment of leadership in a practical or theoretical context.  Organizational theory and decision-making models and management approaches are the bread and butter of the study of public administration.  Ironically, leadership texts are not found in public administration or political science literature; rather, they are found on business reading lists and in business publications. 

When leadership is addressed in the literature, it is treated as a heroic, charismatic personal attribute – a noun.  A person has it or does not, which largely explains why study and research in leadership has been ignored.  I have a different understanding of leadership- as a verb.  Leadership acts on “what might be” instead of limiting itself to “what was.”  Leadership is forward looking- it seeks solutions to tomorrow’s challenges instead of solving yesterday’s problems.  Leadership maximizes and optimizes its existing resources instead of seeking more.  Leadership sees constraints and setbacks as temporary and transient and seeks success in spite of them.  Leadership does not seek silver-bullet solutions nor does it place all its hopes in technology at the expense of processes.  Leadership looks outward and seeks answers from the knowledge and experience of others.  Leadership lifts, values and develops the people surrounding the leader.  Leadership recognizes its stewardship as a system instead of a collection of singular components and, as a result, can see the relationships contained within the whole.   Leadership calculates both long-term and short-term risk and return and has the courage to act decisively.  Leadership seeks excellence and rejects that which is merely adequate.

“Managership” is inward-looking, centered on the present moment and is satisfied with doing what has already been safely and successfully done by themselves or others.  “Managership” muddles through projects and operations seeking outcomes that suffice, or in other words, that which is “good enough for government work.”   “Managership” seeks solutions in increased or new resources- more people, more money and more technology.  “Managership” deals with issues and makes decisions as they occur- chronology is its prioritizing and organizing principle.  “Managership” analyzes and deliberates on single issues as discrete decisions.  “Managership” sees people as tools and expendable commodities to be consumed in the course of business.  “Managership” settles for local efficiencies at the expense of the efficiency and effectiveness of the whole system.  “Managership” celebrates and adopts “best practices” because someone else has already taken the risk of innovating.

The decentralized and sometimes politicized nature of election administration in the US make it difficult to recruit and prepare administrators who are more than bureaucrats, caretakers and guardians of the status quo.  To be sure, the field would be much improved with a more universal application of the principles of “managership” which comprise the core of the best training currently available to election administrators.   While an improvement, “managership” promises only limited benefits.

Leadership, as I am defining it, , is manifest by those fortunate enough to have been mentored and developed by those who are leaders and also by those who bring experience outside of public administration to election administration.  Leadership calls for a more consistent and proactive development of the next generation of leaders.  As a profession, it is incumbent on those who claim leadership to combine their collective knowledge and wisdom to move away from “managership” and to train and prepare tomorrow’s (and today’s) leaders in election administration. 

Who is in?

 

Hiding Behind the Words

Zebra_in_black_and_white There is comfort in seeing the world as black and white.  When the duties of election administrators require decisions, solutions which are black or white are highly preferred.  Shades of gray, interpretation of rules and codes, and the use of discretion are fatuously avoided.  No administrator wants to take unnecessary risk or to explain and justify a decision.  Bureaucrats and administrators carefully seek out simplistic and unambiguous responses from statutes, procedures, precedents, and even the practices of others.

A fundamental premise of this decision making style is that the right answer can be found in rules and statutes and, further, when an answer is found in the rules (or in past practices or best practices), it is, by definition, the right answer.   The right answer is the answer that stands on its own without the decision maker having to accept any responsibility for the answer, i.e. the codes says…”, past practice is…”, other jurisdictions do…”, etc..  The ability to insulate oneself from the consequences or criticism of a decision is not the sole advantage, however, in the minds of those who employ this approach.

There is a normative mindset inherent in those who demand black and white and eschew shades of grey which condemns the interpretation and application of rules and laws.  This approach condemns permissive interpretations and liberal construction of the election code, even when the code provides a range of solutions or directs the application of judgment based upon facts for specific cases.  In this framework, there is no discretion and interpretation is always wrong.  Those who maintain this approach see not only the decisions based upon interpretation and discretion as wrong but also see those who would interpret and use discretion as being corrupt and unethical.

The presumed moral superiority of those who read rules and laws restrictively and who assume to correctness and rightness of pat answers is based upon a false sense of neutrality that such an approach provides.  This view is steeped in the tradition of the politics-administration dichotomy which dominated late 19th and early 20th century public administration theory.  Political leaders made the rules and laws based upon a mandate received by the electorate and the role of the virtuous administrator was to faithfully, and with neutrality, implement the will of legislators.  This theory assumes that all situations can be/should be/are addressed in legislation and that the legislators have the expertise to provide technical solutions to complex questions.  Scholars, ethicists, legislators and administrators have all recognized practical and theoretical limitations of governing in this manner but the mindset persists in many current administrators.  It is these administrators who I refer to as bureaucrats.

Bureaucrats do not seem to realize that, in an attempt to avoid errors of discretion and interpretation, they themselves make their own interpretations and use their own discretion.  They use to use choose restrictive and literal interpretations regs, rules and laws even when these decisions are not consistent with facts or with other sections of code. 

There are two important points I am trying to make in this post.  First, a literal, restrictive, black and white reading of governing documents for decision and policy making is equally, although unconsciously, interpretive and discretionary as the approaches of deliberate interpretation and the conscious use of administrative discretion.  There is no legal, ethical or moral high ground to be gained by appeals to literal readings when there is space for interpretation.  In fact, the opposite may be true. 

Let me refer to a recent discussion regarding the mailing of information to voters pertaining to a specific election.  The Election code directs administrators to mail the material to voters as early as 40 days prior to the election.  At the time the code was written, the deadline for registering was 29 days prior to the election and there is a provision in the code that indicates that voter information should be sent to everyone registered 29 days prior to the election.  Since that time, the registration deadline has been moved to 15 days prior to the election but the practice of cutting off mailing voter information at 29 days continues in many places.  When I asked why people who register between the 15th and 29th day dont get voter information, I was told that the 29 day cut-off was interpreted to prohibit sending voter information even when new voters were legitimately registered and there were adequate time and resources to do the mailing.  The suggestion of mailing to these voters was perceived to be provocative and subversive, not to mention reckless.

To be clear on the matter, the code did not direct nor did it prohibit mailing information after 29 days.  It was simply interpreted to mean that registrants after 29 days would not be mailed the same information that other voters received.  At some point in time the 29 day cut off made sense but over time, as other laws changed and printing and mailing technologies evolved, the interpretation somehow evolved to a prohibition on mailing to these voters.  When I challenged this interpretation by asking why it was good service and good policy to withhold the mailing, the answer was predictable– “the code says…”  When I pointed out that it was actually cheaper to do the mailing after 15 days, it reduced returned mail, and it was a greater service to voters; I received a slightly different yet obstinate response-”the code doesn’t say we can….”

My second point is that hiding behind a literal or black and white interpretation sets up intransigent and counter-intuitive policy positions that serve no public interest and often result in high visibility lawsuits which are costly and undermine confidence in our institutions.  There are many notable examples: the 2004 San Diego County case in which clearly legible write-in votes were not counted, reversing the apparent outcome of the election, because the write-in votes were not machine readable (the bubble was not filled in) but were clearly human readable;  the 2009 Hamilton County, Ohio case in which provisional ballots were not counted because the ballot was cast at the right polling place but the wrong precinct ballot was used (even though the ballot contents were identical); and the 2012 Allegheny County, PA case in which reporters were banned from entering a polling place and reporting on voting on Election Day.  The list could go on and on.

Good elections are based upon good decisions- not bureaucratic decisions.  Good decisions are based upon an ethic that seeks the protection of constitutional principles, individual rights, and the respect for the rule of law. 

Stay tuned.