This month (January 2019), a new session of the United States Congress met for the first time since last November’s midterm 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.
Taking a closer look, can the midterms provide any lessons for the UK voting system?
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 complicated – 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 midterm elections, many states reported record numbers of voter registrations, reflecting intense media attention and the widely-held view that the midterms 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 this 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 midterm 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 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 midterm 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?
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.
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 its 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.
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.
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.
Time will tell what the future holds for the delivery of modern democracy both here in the UK and across the pond.