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

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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.