IMPROVING DEMOCRACY: CHANGES IN ELECTION PRACTICES AND ELECTION DAY(S) Prepared by West Babylon High School Students, Kelly Weisenseel, Lili Chasen (Teacher: Mr. Phil Armato) This Issue-in-Brief is part of 2010 Renew New York, sponsored jointly by Hofstra University, Newsday, and Cablevision. See Renew New York website at http://renew-newyork.com. Students from 10 high schools used the model of the National Issues Forums in preparing briefs and forums. Hofstra coordinators: Michael D’Innocenzo, Andrea S. Libresco and Bernard Stein (in association with the Hofstra University Center for Civic Engagement, interns: Kayla Rivara and Samantha Rashid)
Introduction The Story Behind Tuesday: Have you ever wondered why Election Day is held on a Tuesday in November? Does the concept even make sense when you seriously think about it?
Election Day is a pressing issue
concerning our state and federal government, and due to the low voter turn out on all levels of government, it is evident that Election Reform is needed.
In 1845 the United States Congress decided that Tuesday would be the most convenient day for Americans to vote. This was due to the largely agrarian society (npr.org). Because of the limitations of travel (horse and buggy) and the desire of Americans not to miss the Sabbath day,
1
the only feasible options left were Tuesday or Wednesday because Thursday and Friday were used as traveling days to return home. For many, Wednesdays were considered a “market day” where most individuals conducted their business. This left Tuesday as the only day for elections. We just have one question, how many of you still drive a horse buggy? Seriously!?
As far as choosing the month for elections, the choices were limited because of the rigorous agricultural schedule. November was the perfect choice (crops had been harvested). Now, let’s fast forward to 2010. Today we still operate by the same system set by an America that is vastly different than the one we are now accustomed to. Together as New Yorkers, and as Americans, new options for reform must be brought to the forefront for change. With one of the lowest voter participation records in the world, America must work to correct its Election Day issues.
The Options: The issue of Election Day has brought to the forefront the possibility of three options of reform. These options include: 1.) Changing the date of Election Day; 2.) Lessening Registration Requirements (including allowing same day registration on election day as at least half a dozen states already do); and 3.) Alternative Methods of Voting (sometimes referred to as Instant Runoff Voting). Each of these options will be highlighted in a fashion that is not designed to persuade your opinion, but rather to stimulate your mind regarding the issues at hand. There are other major issues about our elections that also warrant serious examination: a) Should the Electoral College be replaced by National Popular Vote (a view favored by Bob Keeler of Newsday’s editorial board, and already adopted by six states). This summer there was an overwhelmingly favorable vote in the New York State Senate – with Assembly not yet voting); b) whether primaries should be non-partisan, partisan or “open”.
Some Options to Consider Option 1: Changing the Date
2
Election Day, now always the first Tuesday after the first Monday of November, is a long – standing tradition in the United States since the pre-Civil War era. The United States, the nation built on the spirit of democracy, has had the lowest voter turnout amongst the well-established democracies around the world. Turnout is 70-75% in Canada and well over 80% in most other democracies, including 86.8% in the first round of the French presidential election and 91.7% in the 2004 proportional representation election for Luxembourg’s legislature (fairvote.org). In the 2008 Presidential Election less than 60 percent of the nation’s eligible voters turned out to elect the nation’s next president, and this was the highest US turnout since 1960 (uselectionatlas.org). With this being said, there has been discussion on whether or not the date is a significant reason for the continual low turn out. United States Congressman Steve Israel, who represents New York State’s 2nd District, is an avid supporter of moving Election Day to Saturday and Sunday, calling it an “Election Weekend,” he has also been a catalyst for the “Why Tuesday” Bill, which is in process on the floor of the House of Representatives. This Bill would create the aforementioned weekend voting procedures. On the other hand, New York State Senator Owen Johnson, who represents the State’s 4th Senate District strongly supports keeping Election Day as it is, citing that the New York State Election Law allows a registered voter, who does not have ample time outside work, to be allotted up to two hours without loss of pay to go and vote. Clearly there is incongruity among our leaders’ opinions.
Many New Yorkers support the notion of “Election Weekend.” This suggestion, like any other, has both assets and faults. Obviously there is a greater time span for voting. Voters would be able to choose the day that they would want to vote, with little boundary of a time limit. Sunday seems to be the perfect day, because it is not a workday, and voters should have no problem getting to the polls. Unfortunately, with this idea, the religious day would be affected. How about Saturday? Saturday is another just what the doctor ordered day!! Making both election days dodges the obstacle of religion. All people who celebrate their Holy Day on Saturday can vote on Sunday and vice versa! It is the case that New Yorker’s elections regularly extended for two and even three days prior to the Revolution and into the early national period. The election weekend
3
provides a longer time span and a cure for working voters, but it breaks tradition, which seems to be a concern of many political figures.
Forget about the weekend, we want to relax on the weekends! How about another day off in November? Heck, make it a holiday! We shall call it‌ ELECTION DAY! Making Election Day a holiday is another option that will increase the opportunity for individuals to get out the vote. However, is it feasible for the nation to add another holiday? One alternative, suggested by some, is to celebrate Martin Luther King holiday on Election Day. The voting rights act of 1965 was considered one of his fundamental contributions to inclusive democracy.
Reforming Election Day would be breaking tradition. People are not fond of change, and therefore would be resistant to an overhaul of the system. Also, as mentioned by State Senator Johnson, the problem with America is not the day we vote, it is more so in the fact that people just do not care.
Option 2: Changing Voting Requirements One of the biggest issues regarding the voting requirements in New York State is the fact that individuals are not sure how or where they can register. While the process is simple, people still fail to register. State Senator Johnson and US Congressman Israel have varying opinions on the matter while agreeing on one universal belief. Senator Johnson feels strongly that the registration process is simple and it does need to be changed. Congressman Israel is all for making the process as easy as it can get and strongly supports same-day registration (which is an option listed below). Both gentlemen do agree that the American public has a negative and jaded view toward politicians and the political system. Due to this, they are turned away from the political process and do not bother with their most important civic duty- voting. Representative Israel said the biggest challenge facing the United States population is “indifference, apathy, and skepticism,� signaling a loss of faith and ambition of the American people to get involved. This raises the question: If we make the political process easier, will it become more appealing to become active? Lessening voting requirements could be a start.
A few options to consider:
4
18th birthday - pre registered from birth. On your birthday, you’ll be mailed your registration. (Just like a driver’s license, when you pass the test at 16 or 17, your license is in the mail)
Make a “same day” registration process (Steve Israel supports this)
Have voting registration forms in all public places
Are concerns about registration and election fraud exaggerated?
Registration online?
Less money, more eco-friendly/environmentally friendly; we
already have in person registration and mail registration
Shorten/eliminate the deadline for registration/election day. Too many dates for each election (absentee ballots, primaries, military, general elections all have specific dates with their registration.)
Option 3: New Methods in Voting For those of you still driving that horse and buggy, you might want to stop reading now. We are in a new age of technology, ladies and gentlemen! New methods of voting are seemingly becoming more available every day. Technological advances should create ease and accuracy in the voting world. Situations like the lack of technology in the 2000 election (where the hanging chads and paper butterfly ballots confused the voters and the vote counters), seemed to throw the country into election chaos, until months later when the Supreme Court had to decide how votes would or wouldn’t be counted (http://www.law.cornell.edu). New technologies should fix all these ridiculous problems right? Well, don’t be so quick to say yes to this.
After the 2000 election, Florida switched over to new electronic ways of voting, instead of using paper ballots. Unfortunately, there were still all sorts of problems in the next election cycle. Many people wished for receipts after voting, to ensure that their vote was accounted for, but some of the new machines weren’t designed to produce receipts (http://www.baselinemag.com).
With electronic voting processes, people hope that there is no fraud. Unfortunately, many of the new electronic machines had computer failures, or came up with final voting tallies that didn’t match up to the correct population of a county. Also, with these new advances in technology,
5
there are more opportunities for people to hack in to computerized machines and tamper with final voting numbers. Obviously, there is still something wrong.
How about using cell phones or even computers to tally votes? It seems like everyone has them, right? Well maybe not those horse and buggy people we got rid of earlier... but even so, there is computer access almost anywhere these days (library, internet café, malls, etc.) Some people are proposing that we vote from our cell phones or computers but think about American Idol people (America picked some real winners with that one: Ruben Studdard, really?) America is oneperson one vote; this system of voting is convenient, but who’s to say that person who is submitting the vote is actually the person who is registered? Voting by cell phone and/or computer seems practical in the 21st century, especially for those who work strenuous hours or have many commitments. The upside to this process could mean higher voter turnout resulting in more true representation of the American people. However, before this can even be considered a feasible option, steps of preventing fraudulent actions must be taken in order to insure the truest and most democratic results possible.
State Senator Johnson, as stated in the other options, feels strongly that the old state voting method worked well (process by which voters used a simple lever to choose their candidate). However, due to the age of the machines, and the lack of parts available to fix them, New York State has switched to a more modern, computerized system by which the voters bubbles in their choice on a ballot, and then feeds it through a machine where the results are processed (very similar to scantron machines that most educators are accustomed to). In contrast, United States Congressman Israel is all for newer technology in voting, as long as its secure and prevents any chance of fraud. He feels confident, with the proper dedication to the cause, we could develop a system that fits the criteria.
With the uncertainty of technology, maybe Oregon’s got it right! They use the “Vote By Mail” process, where they are sent a ballot in the mail, which they can mail back whenever they would like, as long as it is sent back by Election Day. There are no problems with technology, the date, and they are easy to count! (http://www.co.multnomah.or.us) This allows the voters to vote from the confines of their own home, at their own leisure, with plenty of time to send in their ballot.
6
However, there could be setbacks with this method as well, such as ballots not arriving in time. Some states also allow “Early Voting” where citizens can cast their ballots weeks before the actual “Election Day.” Is it desirable to have multitudes given this opportunity for very early voting before candidates have concluded their campaigns (we may no longer have “October surprises” in our election campaigns).
Considerations For Citizens What do you see as the merits or limitations of proposals that have been advanced in this discussion?
Expand Election Day to a two-day period (Saturday and Sunday?) Sunday and Monday could be considered if the Martin Luther King January holiday (not held on his birthday anyway) is used for the weekday election day (an appropriate honor for the man who helped achieve the Voting Rights Act of 1965).
Eliminate the Electoral College by supporting the National Voter Act (already done by the New York Senate and 6 states). It is probably impossible to amend the Constitution to get rid of the Electoral College, but when enough states (that total 270 Electoral votes needed to elect a president) agree to give their electoral vote to the candidate that wins the national popular vote (regardless of whether he wins their state), we will have entered the 21st century of having a president selected by the people’s vote.
Expand registration – allow automatic registration; the process is initiated at a person’s birth, and when he/she reaches age 18 a voter notification is automatically sent. Do you consider this even preferable to the 7 or 8 states that allow individuals to register up to, and including, election day? Why does New York close voter registration at least one month before elections? Lots of citizens have only begun to pay attention at that point.
Do you feel confident that modern technology can insure privacy and accuracy if we expand registration and voting to online methods? Are there steps that could be taken to make voting easier (from one’s own home) without jeopardizing the sanctity of the ballot? 7
How much of America’s low voter participation is due to apathy of the voters themselves, to the conduct of candidates and parties, to the ineptness of the media?
Interview with State Senator Owen Johnson On August 5th Kelly Weisenseel and Mr. Armato went to the Babylon office of our State Senator Mr. Owen Johnson. Mr. Johnson has been representing our district (4th Senate District) since 1972. Senator Johnson resides in West Babylon having sent two children through the confines of the West Babylon Senior High School. Throughout his distinguished career, Senator Johnson has chaired several committees including Transportation, Environmental Conservation, Social Services, and Civil Service and Pensions. He also was a key contributor in getting President Ronald Reagan to campaign in New York in the 1980s. (http://www.nysenate.gov/senator/owen-hjohnson) During our interview the Senator was gracious and informative in answering several questions regarding Election Day reform. He spent over an hour and a half discussing the issues and made sure each question was answered in full detail. The Senator was detailed, and reflected upon his past experiences during his politcal career. Much of the Senator’s opinions have been discussed throughout this Issues Guide.
Interview with United States Representative Steve Israel On August 12th, Kelly Weisenseel and Mr. Armato had the esteemed privlege to visit the office of United States Congressman Steve Israel in Hauppauge. The Congressman was enthusiastic about the opportunity to discuss the issues with us, and made sure he got to see us before he left for Washington DC (Congress was called into session). Mr. Israel represents New York's 2nd Congressional District, including the Long Island communities of Huntington, Babylon, Islip, Smithtown and Oyster Bay. He was first sworn into Congress in 2001. Mr. Israel is a member of the House Appropriations Committee. He serves on the Energy and Water Appropriations Subcommittee, which funds the Department of Energy and Army Corps of Engineers; the Financial Services Subcommittee; and the State and Foreign Operations Appropriations Subcommittee, which funds the U.S. State Department and all U.S. foreign policy activities (http://israel.house.gov) Mr. Israel was gracious for our visit and volunteered to help further educate the students of West Babylon by offering to visit this fall. The planning stages for this visit are currently in process. During our interview Mr. Israel answered each question regarding Election Day with poise, making sure he answered them to his fullest extent. He was optimistic about the future of voter turnout in America, but he does believe that changes are needed in voting technology, the day we vote, as well as eliminating the Electoral College and switching to a direct election of the president. 8 Much of Mr. Israel’s ideas have been expressed throughout this Issues Guide.