Lessons from America: ideas and caveats from the US midterm elections

This month, a new session of the United States Congress met for the first time since November’s mid-term elections. The election results brought mixed fortunes for the country’s main political parties. Although the Republicans retained control of the US Senate, the Democrats gained the seats they needed to take control of the House of Representatives.

Beyond the impact on American politics, the 2018 vote shone a light on the management of elections in the US, with a particular focus on registration and voting issues arising on election day. It’s worth taking a closer look to see if the midterms offer any lessons for the UK system of voting.

Voter Registration

Electoral registration is an important and often highly sensitive issue. The validity of elections depends on ensuring a high turnout, which means encouraging all eligible voters to ensure their names are on the electoral register.

In the United States, electoral registration is very complicated, as each of the fifty states has its own registration rules, processes, and deadlines. The Brennan Center for Justice at the New York School of Law has described the US voter registration system as ‘broken’, and ‘a chief cause of long lines and election day chaos’

During the run-up to the mid-term elections, many states reported record numbers of voter registrations, reflecting intense media attention and the widely held view that the mid-terms represented a referendum on the first two years of Donald Trump’s presidency. On national voter registration day alone, 865,000 people registered to vote, compared to the 154,500 people who had registered in 2014.

However, concerns have been raised that some states have been making it harder for US citizens to register, particularly among African-Americans, Hispanics and other marginalised groups. A report in The New York Times highlighted attempts in Alabama and several other states to require proof of citizenship before granting the right to register to vote in state and local elections. There were also reports that strict voter registration requirements had disproportionately disadvantaged students in New Hampshire, that poorly labelled forms prevented more than 300,000 voters in Arizona from updating their voter registration information, and that manipulation of voter rolls had been taking place in Georgia and Ohio.

One possible way of overcoming these problems is automatic voter registration (AVR). The Brennan Center for Justice reports that fifteen states and the District of Columbia have approved AVR, and more states are expected to join the list. The policy streamlines registration by making it opt-out instead of opt-in for eligible citizens who interact with government agencies. For example, under AVR anyone issued with a driver’s licence has their details passed to the electoral registration authorities and they are then automatically registered to vote.

The impact of AVR has been striking. Since Oregon became the first state in the US to implement AVR in 2016 voter registration rates have quadrupled, while in the first six months after AVR was implemented in Vermont in 2017, registration rates jumped by 62%.

Election day voting issues

The record numbers registering to vote was a foretaste of the turnout for the mid-term elections.  An estimated 114 million votes were cast by voters for the House of Representatives. This was a significant increase on the 83 million votes cast in 2014, and the first time a midterm election surpassed 100 million votes.

However, the figure could have been higher. Across the US, there were reports of delays in polling stations opening, long queues of people waiting to vote and extensions to the scheduled closing times. In many cases, the problems were caused by technical issues and equipment failures due to the use of ageing voting machines. Unlike UK voters, for many years, Americans have been using a variety of devices to cast their votes, from punch card systems to touch-screen technology. However, in the most recent elections, 41 states used voting machines that were at least a decade old, and most existing systems are no longer manufactured.

From broken ballot scanners in New York to machines changing votes in South Carolina and untested technology in Michigan, the technical difficulties heightened fears that inadequate equipment could undermine faith in democracy.

Another election day issue concerned the requirement for voter ID. Ten US states require eligible citizens to present some form of government-issued identification before they can vote. But 11% of Americans don’t have the relevant ID and certain groups, such as black communities, those on low incomes and students are even less likely to have the required documentation.

The problem has been compounded by a 2013 Supreme Court ruling which struck down the 1965 Voting Rights Act introduced to protect minority voters. The 1965 Act required states to obtain permission from the federal government before changing voting laws. The 2013 ruling in effect struck down practices that helped make sure voting was fair, especially in places where voting discrimination has been historically prevalent.

Following the ruling, the state of Alabama enacted a strict voter ID law, which remained in force for the 2018 mid term elections. The state dismissed claims from civil rights groups that an estimated 118,000 potential voters lacked the necessary photo ID.

Lessons for the UK?

Registration

In 2014, the UK government replaced household registration with Individual Electoral Registration. While the new system improved the accuracy of the register and helped to counter fraud, there are concerns that certain groups of voters – such as students, private renters and young adults –  might be falling off the electoral register.

The success of AVR in the US suggests that this method of registration can ensure that these and other groups don’t miss out on voting, for example because they’ve forgotten to register after moving home.  The UK’s Electoral Commission has advocated an automatic registration scheme similar to that in Oregon, where citizens can register to vote whenever they are in contact with government, from getting a driving licence to applying for benefits.

Voting technology

Much has been made of internet voting as a way of improving turnout at elections. Estonia has pioneered online voting for parliamentary elections, but only a few countries have followed their example. In the UK, pilot schemes involving internet voting have taken place at local level, but there are no plans to introduced online voting for national polls. However, e-counting (the electronic counting of ballot papers) is becoming increasingly prevalent in Europe. An e-counting solution developed by Idox has been used successfully for elections in Scotland, Norway and Malta, resulting in considerable  improvements in speed and accuracy of results.  The problems caused by obsolete technology in the US elections underline the importance of ensuring the mechanics of elections systems are up to delivering transparent, fair democracy.

Voter ID

Concerns about election fraud has prompted the UK government to consider voter ID. During last year’s local elections, five areas in England piloted identity checks at polling stations. While some saw the trials as successful, others argued that the fact that hundreds of voters were turned away because they did not have the relevant documentation proves the policy of voter ID is misguided. Further trials of voter ID have been proposed, but these are being challenged.  The American experiences of voter ID raises questions about the exclusion of citizens from exercising their democratic rights.

Final thoughts

Delivering transparent, fair and accessible elections is never straightforward, but the challenge is all the greater in one of the world’s biggest democracies. America’s midterm elections may have changed the landscape of the country’s politics, but they’ve also provided ideas and caveats to exercise the minds of electoral administrators on this side of the Atlantic.


Further reading from The Knowledge Exchange Blog on elections:

Identity politics: despite concerns about disenfranchising voters, ID voting may be here to stay

With the exception of Northern Ireland, citizens voting in UK elections don’t usually need to verify that they are who they say they are. But in last month’s local elections, five areas in England piloted identity checks at polling stations.

The trial followed a 2016 government-sponsored review of electoral fraud which recommended ID checks to prevent vote stealing. Voters in Bromley, Gosport, Swindon, Watford and Woking were advised to bring a passport or driving licence to the polling station on May 3.

ID voting in practice

While most voters in the pilot areas had the correct documents, 340 did not and were not allowed to vote. A further 688 people were initially turned away, but later returned with the correct ID documents.

Although the local authorities in the pilot areas ran awareness campaigns to highlight the changes, voters were surprised to find they needed ID to vote. One Bromley resident who was turned away at the polls told The Independent he was shocked to be denied his vote because he did not have a bank card or passport. As a consequence, he decided not to return to the polling station with the correct ID:

“I’m choosing not to vote, and I’ve never done that before. I think people who have problems with their ID will certainly be disenfranchised, even if they’ve lived here for many years.

In Woking, Labour councillor Tahir Aziz said a man was turned away from voting because his form of ID, a Surrey County Council document with his picture on it, was not accepted.

A “great success” or a “mistaken policy”?

After the polls closed, the impact of the ID trials was assessed.  Ray Morgan, the returning officer at Woking Borough Council, claimed the pilot was a great success, with 99.73% of voters providing the correct identification documents:

‘Following our recent experiences in the polling stations on May 3, I see no reason why bringing ID to vote cannot be embedded in our democratic process and have already expressed my desire to the Cabinet Office that Woking continues to participate in any future trials.

However, Cat Smith, shadow minister for voter engagement argued that the voter ID policy was misguided:

“The Electoral Commission found that out of nearly 45 million votes cast in the local and General Election in 2017, there were only 28 cases of alleged voter fraud. That’s less than 0.00007% or one case for every 1.6 million votes cast. And out of those 28 cases, there was only one conviction. But instead of listening to the experts and the vast evidence base, the Government decided to implement a mistaken policy with the full knowledge that voters could be disenfranchised. The fact that voters were denied their right to vote is proof that voter ID has no place in our democracy.”

ID for all?

Despite these criticisms, the UK government is pleased with the trials, and seems intent on making voter ID a requirement for all UK elections:

“The success of the voter ID pilots proves that this is a reasonable and proportionate measure to take and voters were fully aware of the changes on polling day. We will evaluate the pilots before announcing the next steps in delivering voter ID nationally.”

Around 11 million people in the UK – a quarter of the electorate – are believed to own neither a passport nor a driving licence. If voter ID becomes a more widespread requirement, it could be a significant barrier to many wishing to exercise their democratic right. The Electoral Reform Society has gone further, suggesting that the ID trials appear to be a “calculated effort by the government to make voting harder for some citizens.”

Earlier this month, senior barristers at a leading law firm in London claimed that ministers had acted beyond the scope of the law in ordering the ID trials at the May elections. The barristers said that a section of the Representation of the People Act 2000 provides for changes to voting methods, but these should make voting easier. “Schemes that restrict or discourage voting, or that inhibit voters, are not within the meaning of the section”

The Cabinet Office disagrees with this view, and further trials will take place next year. It looks like ID voting is here to stay.


The Idox blog has been keeping a close eye on the UK’s electoral system. Here are some of our posts covering electoral issues: