Headline: “Clerks kill Election Day voter registration”

provisional ballot binThe last hours of many legislative sessions are filled with unexpected and sometimes hard to explain events.  Yesterday (March 14), the last day of the Utah 2013 legislative session was definitely one of those cases.  For years, the media, scholars and politicians have bemoaned the fact that the state has suffered from low voter turnout.  The Salt Lake Tribune, reporting on the close of the session summarized the low turnout dilemma:  

The Governor’s Commission on Strengthening Democracy — formed by former Gov. Jon Huntsman to find ways to improve voter turnout — made Election Day registration a top priority, but the idea has foundered for five years since it was recommended.

Utah voter turnout is among the nation’s lowest. In 2010, 36.2 percent of Utah’s voting-eligible population cast ballots — ranking No. 49 among the 50 states. In 2012 when favorite-son Mitt Romney was running for president, that rose to 55.4 percent — but still ranked only No. 38, and was still below the national average of 58.2 percent.

Utah has an interesting form of same day registration as part of the statute pertaining to provisional ballots.  If a voter fails to re-register or update their registration by the legal registration deadlines, the voter can cast a provisional ballot at the polling place assigned to their new address and that ballot will be counted provided the voter was previously registered, at anytime, anywhere in the state.  The statewide registration system makes this easy to verify and simple to verify that the voter has not previously voted.  The vast majority of provisional ballots cast (75%+) fall into this category.  The net result is same day registration for a sub-set of the state’s residents.

The ballots of voters who showed up on election day, cast a provisional ballot but were not previously registered in the state yet are otherwise qualified are not counted.  These voters are registered for future elections but the registration is not effective for that election.  The majority of provisional ballots not counted in the state fall into this category.

The upshot of the statute is that one group who ignores or fails to meet arbitrary registration deadlines gets their vote counted and another group who fails to meet the same deadlines does not.  To close this gap, Rep Rebecca Houck has sponsored a bill for the last five years which would close the loophole and would permit the provisional ballots for all eligible voters who show up on election day at the correct polling place to count.

The bill’s sponsor, Rep. Rebecca Chavez-Houck, D-Salt Lake City, has noted that Utah law now allows people to register on Election Day and cast provisional ballots. While that is used to register them for future elections, the provisional ballots are discarded if officials find those people were not previously registered in Utah.

“What this bill does is allow the vote to be counted,” Jenkins [the Republican Senate Sponsor] said. “This allows you to register and vote on same day if you prove your residency and identity.”

Previous attempts to pass the bill met partisan resistance and did not make it to a vote.  This year, however, the bill had support from both major political parties and the House passed the bill after hearing testimony in favor by the State Republican Party, State Democratic Party, League of Women Voters and the head of the Utah Tea Party.  The only testimony in opposition came from County Clerks—who complained it would be too much work.  As the bill proceeded to the Senate and passed out of committee, the Clerk’s Association mounted the bill’s only opposition.

A bill to allow Election Day voter registration died Thursday — ironically killed by election officials who worried that it could work too well, and cause them too much work, in a state that has among the worst voter turnout in the nation.

HB91 died on a 10-18 vote in the Senate, after earlier passing the House 58-14.

Most of the opposition cited was from county clerks who said it could create more work than they could now handle between when votes are cast and when counts must be finalized.

This case is representative of election administrators across the country and is not merely a Utah aberration.  Clerks and administrators are not effective policy makers nor is it their function.  The role of administrators should be to inform policymakers about proposed legislation and to even take positions on bills.  There is a fair question of where genuine support and opposition of a proposal ends and where active lobbying and activism for a bill begin.  That line can be fuzzy and may not be meaningful much of the time. 

However, when opposition by election officials to a measure, which is uniformly agreed by all parties to be in the interest of voters and the electoral process (as in this case), is based solely on avoiding additional work, the personal competence, the profession’s credibility and the integrity of the process is rightfully scrutinized, and even called into question, by the public.  The passage of good public policy should not be thwarted by complaints by election administrators that it is “too hard” or by their exaggerated estimates of time and cost.

 Stay Tuned

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“Measure twice, cut once.” Election Data and Norm Abram

Measurement is the first step that leads to control and eventually to improvement.  If you can’t measure something, you can’t understand it.  If you can’t understand it, you can’t control it.  If you can’t control it, you can’t improve it. ~ H.  James Harrington

me and normThe pithy maxim “Measure twice, cut once” is the title of a book by one of my heroes- master woodworker, Norm Abram of PBS series “The New Yankee Workshop.”  Silently repeating this advice to myself as I undertake making the cuts for a new woodworking project has saved me countless hours of labor and untold dollars in materials.   Besides the obvious wisdom of double checking a measurement before committing a board to the teeth of sharp saw, there are other critical aspects of measuring to be considered:

  1. The accuracy of the measuring instrument must precise and consistent.  Poorly designed or hastily constructed measuring tools lead to work products of uncertain quality.
  2. The instrument must be calibrated in the right units of measurement.   To make a measurement in inches and fractions, the rule must be in the right units.  A metric rule or a rule incremented in tenths of an inch may be accurate for its respective purpose but is inaccurate if measuring for fractions of inches.  The impulse to simply convert between units of measure with confidence in its accuracy is a fallacy.  Conversion always introduces error and cannot be consistently replicated.
  3. Identical measuring instruments yield different results.  Slight variations in the scale and condition are introduced through use, wear and tear.  The same instrument should be used throughout a project for accuracy and consistency.  Switching instrumentation in the middle of a project introduces unequal lengths and loose joints (error and uncertainty).
  4.  Two craftsmen using the same instrument will measure differently.  Each has his own technique and method of marking.  One craftsman cannot cut with confidence on the measurement made by another unless he knows the method and assumptions underlying the mark of the other.
  5.  The method of recording the measured mark determines its accuracy.  Felt tip markers, carpenter’s pencils, fine lead pencils, marking knives and scratch awls are all common methods for recording a measurement.  Each recording device has its own pluses and minuses and none are the right tool in all cases.  The material being measured and the level of accuracy required determine the appropriate recording device.
  6. Mid-stream shortcuts always lead to mistakes.  During the course of a project and the repetition of tasks, the creative (and lazy) always learn enough to find a way to make the work go faster.  Improving processes and increasing productivity is a good thing unless introduced in the middle of a project.  Changes in techniques or assumptions during a project add complexity and inevitably introduce errors.  Lessons learned and shortcuts are best left for future projects (rather than the current one).

A lot has been made recently of election metrics and it’s about time the idea got some traction in the US elections community.  Doug Chapin has written several times recently about data and metrics and has noted a movement among election administrators to begin to measure, analyze and use data.  What to measure, how to measure it, how to analyze it for meaning and how to leverage it are all questions that need to be asked by everyone.  Unlike the myriad of terms, definitions and meanings found in the fifty + election codes around the country, the answers to these questions must be consistent among the profession to yield meaningful data, comparisons and insights.

In a gallant first cut at collecting, aggregating and analyzing election data from around the country, the Pew released a compilation of comparative election metrics intended to score performance among the states in February 2013 along the lines of the “Democracy Index” proposed by Hether Gerken.  Like good craftsmen, those working on the project had well-tuned saws and sharp chisels.  What they did not have, however, is valid, reliable measures of comparable material recorded using similar assumptions and techniques in the same unit of accuracy with equal accuracy. 

Even where the data were comparable, meanings of the data were not clearly defined.  For example, the meaning to be assigned to the number of provisional ballots cast is ambiguous and contradictory:

“Unless provisional ballots are being given to voters for other administrative reasons, a large number may indicate problems with voter registration records. The meaning of a small number of provisional ballots, from an election administration standpoint, is more open to question. On the one hand, a small number may indicate that registration records are up to date; on the other hand, small numbers may be the result of poll workers not offering voters with registration problems the provisional ballot option when appropriate.” (Pew Center on the States, “Election Performance Index”, February 2013, p. 38) Emphasis added.

The danger of proceeding further into the data-driven world of empirical analysis without clarifying and standardizing definitions, specifying measuring instruments and units of measurement, and formulating measurement protocols (before the fact) is not merely fuzzy research.  Fuzzy research will tell a story to the public and politicians that is not accurate, that is not credible, and which may not be entirely ethical.  The real danger is that policies and decisions will be made on the basis of fuzzy research and careers and reputations will be made and damaged.  The results will be just like an inferior quality, poorly measured woodshop project regardless of the quality of the tools and the earnestness of the craftsman.

The parallels in the art of measurement between my twin passions of woodworking and elections administration are insightful to the present situation.  My point is not to criticize the Pew’s bold undertaking nor is it to put a damper on the emerging enthusiasm and commitment to gathering and using election data.   By pointing to the wisdom of masters of other crafts, I hope to shape the future of data collection and analysis in our craft of election administration.

 “While ‘measure twice and cut once’ is always pithy advice, it more important to measure accurately and to know that you have.”  ~Aldren Watson “Hand Tools: Their Ways and Workings”

Stay Tuned

Plus ça change….

Election Administration_Harris“There is probably no other phase of public administration in the United States which is so badly managed as the conduct of elections.”

What a harsh and critical statement of the state of affairs in election administration.  This bold assertion, however, is not regarding the current state of elections although it may be true enough.  This is the opening  sentence of the 1934 book by Joseph Harris on election administration.  Like many scholars and administrators, I was aware of the book and recall seeing this quote appear occasionally in journal articles but had not taken the time to read the book.  I am guessing that may be the case as well for the readers of this blog so I thought I would share some more nuggets from the book that resound just as sharply in today’s administration and study of elections.  Even though I just picked up and read the book this week as part of the research for my dissertation, many of Harris’ critiques and themes have interestingly appeared in my previous blogs and writings.  I guess this is evidence of the French proverb, “Plus ça change, plus c’est la même chose.”

What is a “good” election?

“The ideal election administration is one which uniformly and regularly produces honest and accurate results.  There should never be the slightest question about the integrity of the ballot box or doubt cast upon the honesty of the elections.” (Harris, p. 1)

On management:

“The conduct of elections is marked throughout by obsolete procedures and methods…The personnel of the election office is usually concerned only with carrying out the provisions of state law, never giving thought to any matter concerned with improving the administration.” (Harris, p. 5)

“The attempt is made now to secure uniform and satisfactory election administration throughout the state by statutes, without any effective administrative supervision, and without using rules, regulations, and instructions issued by an administrative office. In no other phase of public administration do the statutes bulk so large and administrative control and supervision so little.” (Harris, p. 7)

On complexity and efficiency:

“It is very common for useless forms and records to be made out, many signatures required, and other forms of red tape, which are not only unnecessary, but actually defeat their own ends.” (Harris, p. 5)

On discretion and decision making:

“The election statutes are so detailed that the precinct officers cannot know the law.  Often the procedure set forth in state law is so cumbersome and unsound that the election officers make no pretense in complying with it.” (Harris, p. 6)

“The remedy lies not so much in putting pressure upon the precinct officer to comply with the law, but rather in a revision of the election statutes so that the temptation to take short cuts will be largely eliminated. The procedure at the polls should be simplified and regularized. When a sound procedure has been established, the office in charge of elections should take greater pains to instruct the precinct officers and to inspect and supervise their work.” (Harris, pp. 6-7)

With all due respect to my legislator friends and colleagues, you have been and still are (co)responsible for the state of affairs in election administration.  It is clear that the “Shrek Effect” has quite a history when it comes to elections:

“Patchwork upon patchwork will not remedy the situation.  The deluge of election laws, with constant revisions, has produced in many states an election code not only of voluminous size, but also with many conflicting and uncertain provisions.  Wholly aside from fundamental improvements which are necessary, most states are greatly in need of a revision of the election laws in order to clarify and codify the existing statutes.” (Harris, p. 7)

“Election statutes are greatly overworked at the present time. No sound, efficient, economical, and satisfactory administration can be secured so long as it is the practice to prescribe in minute detail every operation in the conduct of elections.” (Harris, p. 7)

“The constant revision of election laws which is taking place in most states is designed in practically every case to rectify some abuse which has sprung up. These alterations deal with minor details of administration and do not involve any fundamental changes. They have led to more and more cumbersome procedures and records. Most of the election records and methods are antiquated, expensive in operation, and require a thorough revision.“ (Harris, p. 20)

“The constant flood of election bills which is introduced in practically every state indicates the present unsatisfactory condition of election administration. Every bill is designed to correct an evil, to prevent a sharp practice which has sprang up. The election laws are being constantly changed, but without any fundamental revision or improvement. Many of the principles which now govern the conduct of elections and guide the framing of election statutes are unwise, and must be discarded before a sound system can be established.” (Harris, p. 7)

There have been radical social, political and technological changes in the 80 years since this book’s publication but the problems and challenges to American election administration are remarkably unchanged.  Are the problems of election administration so intractable?  Are the politics of election administration so strong that the system cannot evolve? Are election administrators too resistant to learning and practicing effective public administration? 

I think it is a little of “all the above.”  Harris proposes a remedy that is still appropriate to us today:

“There is needed for the administration of elections: (1) a revision of the state election laws similar to the revision which has already take place in many states in the administration of the registration of voters, (2) a reorganization of the election machinery, and (3) many improvements in election management. “ (Harris, p. 20)

What do you think?  I am interested in your reaction to the realization that election administrators (and legislators) might be just like gerbils running endlessly inside the wheel–maybe picking up speed but still not making progress.

Stay Tuned.

Work Cited:

Harris, Joseph. Election Administration in the United States. Washington, DC: Brookings Institution, 1934.