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:

The land of “neverendums”. For the Swiss, direct democracy is a way of life, but could it work in the UK?

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Image by Till Westermayer via Creative Commons

Next week, voters across the UK will finally make their decision on the country remaining in or leaving the European Union. This is only the third UK-wide referendum ever to be held. The first was in 1975, on Britain’s membership of the European Economic Community. The second took place in 2011, on a new voting system to replace first-past-the-post.

Although referendums in different parts of the UK have become more commonplace – such as those on the 1998 Good Friday Agreement in Northern Ireland and on Scottish independence in 2014 – they are much less frequent at UK level. This is because of the UK’s tradition of representative democracy, where sovereignty rests with parliament. In Switzerland, however, representative democracy runs parallel to a system of direct democracy, which gives voters the last word on legislation.

The Swiss system

Of all the national referendums held in Western democracies since World War II, more than two-thirds have been held in Switzerland. Swiss voters go to the polls three or four times a year, deciding on issues as varied as immigration, complementary medicine, and financing of local sports facilities. Swiss referendums may be triggered in several different ways:

  • Obligatory referendum (following a constitutional amendment or an application to join an international organisation, such as the United Nations or the European Union)
  • Optional referendum (puts parliamentary decisions to the popular vote, but only if 50,000 valid signatures are collected within three months)
  • Popular initiative (proposers have 18 months to collect 100,000 signatures to force a vote on a particular issue)
  • Counter proposal (if parliament disagrees with a popular initiative, it can put forward alternative. Both votes are held at the same time, and if both are approved, the one with the highest number of “yes” votes is the winner)

As one writer on Switzerland has observed,

“…the Swiss people are the final decision-makers on almost every single policy, whether it affects their own neighbourhood or the whole country. This democratic freedom and the right to be heard are inalienable rights for the Swiss, who proudly view them as the source of their stability and prosperity.”

More referendums in the UK? The arguments for and against

On the face of it, any political system which encourages greater citizen participation is to be applauded. Proponents of referendums argue that they are exercises in civic engagement, stimulating debate and increasing interest among people who would usually show no interest in politics.

A good example, in a UK context, is the 2014 referendum on Scottish independence. The campaign energised voters across the country and the poll itself saw a historic turnout of 84.6%. Despite being on the losing side, both the Scottish National Party and the Scottish Green Party reported a surge in membership in the aftermath of the referendum result.

Supporters of the wider use of referendums also believe they can provide a mandate for specific policies, such as the Republic of Ireland’s vote supporting equal marriage in 2015, and can legitimise important constitutional issues, such as devolution.

However, opponents of the referendum as a democratic tool contend that the issues debated during referendum campaigns can’t be decided by a simple binary choice, or are too complex for the public to understand. Professor Richard Dawkins, the evolutionary biologist, has argued that the UK’s membership of the EU should be decided by elected officials with a sound understanding of the major economic issues:

“It is an outrage that people as ignorant as me are being asked to vote. This is a complicated matter of economics, politics, history, and we live in a representative democracy not a plebiscite democracy. This should be a matter for parliament.”

A recent leader article in The Economist noted that referendums may be used by fringe groups or populist parties to exercise outsize influence. In recent years, the nationalist-conservative Swiss People’s Party (SVP) has gained enough signatures to force referendums on issues such as the construction of new minarets for Swiss mosques and the imposition of quotas on immigration. Some in Switzerland believe that these campaigns have damaged the country’s image and incited hostility towards ethnic minorities.

In addition, a narrow decision can raise questions about the legitimacy of the result. The slim margin (50.4%) of Swiss voters supporting immigration quotas in 2014 make it more likely that the country will be asked to vote on the issue again. This could be problematic, with voters potentially becoming fatigued or apathetic if they are asked to vote too often. In the Swiss case, the average voter turnout for all 10 of the elections and referendums held in 2014-2015 was 50.1%, although turnout fluctuated between a high of 63% and a low of 42%.

Final thoughts

For some, the EU referendum campaign has shown up the deficiencies in the use of referendums to make momentous decisions – conjecture, claims, counter-claims and inconclusive arguments. For others, it has been an important exercise in direct democracy, giving the people a chance to debate an issue of vital importance to the entire country.

Unlike Switzerland, the UK has an unwritten constitution, and there are no rules on what can trigger referendums. Only in rare cases have British governments put a single issue to the people, a feature of UK politics that is set to continue. Whatever the outcome of next week’s vote, it’s unlikely that the UK will move towards the Swiss system of direct democracy.


If you liked this post, you might also be interested in other blog posts about democracy and referendums:

Idox Elections: delivering modern democracy

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by Stacey Dingwall

It was impossible to avoid: the UK held a General Election on 7 May 2015. Voting aside, the election experience was somewhat different for myself and a team of colleagues from across the company. This time, we joined the Idox Elections team for the period leading up the election in order to help deliver the company’s Postal Vote Management System (PVMS) in local authorities across the country.

PVMS is one of the key products delivered by Idox Elections. It works by comparing voters’ original Postal Vote Application (PVA) with the Postal Vote Statement (PVS) they complete at the same time as their ballot paper. The software compares the two forms using two unique identifiers: signature and date of birth. This ensures that the postal votes that go forward to the count on polling day are authentic.

Postal voting: a brief history

Postal voting ‘on demand’ became possible for the first time at the 2000 General Election, following the implementation of the recommendations contained in the report of the Working Party on Electoral Procedures. The Working Group, chaired by then Minister of State at the Home Office George Howarth, recommended that:

  • Absent voting should be allowed on demand.
  • The application and voting procedures for absent voting should be simplified.

The first recommendation was implemented by the Representation of the People Act 2000, and the second by the Representation of the People (England & Wales) Regulations 2001. Prior to this, those wishing to vote by post were required to state a reason for applying for an absent vote, or to obtain proof of illness, for example, from a medical practitioner or employer.

The 2000 Act also made it possible for local authorities to apply for permission to trial new methods of voting for local elections, including all-postal voting. According to a review of these trials by the Local Government Association, all-postal voting was the “only new electoral arrangement to have significant potential for increasing local election turnout”.

Despite concerns over abuse of the system and fraud, the Electoral Commission maintains that there is no evidence of widespread and systematic abuse, and that it would not be ‘proportionate’ to scrap postal voting. There are many indications that postal voting has led to increased electoral turnouts, with the Post Office reporting that the number of postal votes issued increased by over 1.6 million between the General Elections in 2005 and 2010. Written evidence submitted to parliament by the Electoral Commission also highlighted that at the Police and Crime Commissioner Elections, where turnout was notoriously bad, postal votes accounted for 48.9% of the vote. During the Scottish Independence Referendum, some local authorities reported postal vote return rates of almost 90%.

Countdown to the election

For those of us new to the Elections team, work started the week beginning 27 April, almost two weeks before polling day. From the Monday, we started to arrive on-site to set up the system and meet the temporary staff employed to open and scan the PVS and ballot papers. The scale of this operation varied from one local authority to another: some of the smaller ones had 8,000 voting packs to get through before election day whereas sites like Glasgow (with an anticipated 66,000 packs) would sometimes process more than that in one day.

Polling day

On the actual day of the election, work in Glasgow began at 6pm. This was due to the fact that postal votes can legally be handed into polling stations until 10pm – we had a long night of verifying votes ahead of us. In Glasgow, we had moved from the council building to the Emirates Arena for the count, where our work continued as media outlets from across the country prepared to report the events of the night ahead.

Of course, we didn’t let the pressure get to us and the last of the postal votes were safely delivered to the council to go forward to the overall count around midnight. While the days were sometimes long, I thoroughly enjoyed my ‘sabbatical’ from the Idox Information Service team and the chance to be involved in the delivery of something as important as democracy: roll on the Scottish Parliament elections in 2016!


 

Our recent white paper ‘Democracy and voting: key organisations and individuals‘ is an overview of who is influencing thinking in elections research.

Idox Elections is one of the premier election service providers in the UK, providing outstanding expertise and knowledge across all areas of election management.