2004 Election Success and State Initiatives By R. Doug Lewis

Transcription

1 2004 Election Success and State Initiatives By R. Doug Lewis States are in danger of losing federal HAVA funds unless action is taken in Despite a successful election in 2004, several issues face states to assure voter satisfaction and service. If states fail to act, Congress may do so. What a difference four years makes. It is amazing how perspective changes when an election is not close. While Election 2000 was not as bad as its characterization, Election 2004 was a dramatic improvement but nonetheless it demonstrated areas of needed improvements. Those in the elections profession still are concerned about administrative challenges discovered in With more than 11 million additional voters and dramatic increases in voter registration, due to the efforts of the campaigns and scores of political activist organizations, the administrative process was strained even greater than in Election Election resources were stretched thin in many places due to the largest turnout of voters in more than 40 years. How did states manage such spectacular increases (e.g., Ky. had a 16 percent increase in voters between the 2000 and 2004 elections; Minn. 14 percent; Mich. up 13 percent; Ohio 16 percent; Md. 15 percent and an astounding increase for Utah up 20 percent, New Mexico up 26 percent, and Fla. up 27 percent)? One of the reasons the states and the local jurisdictions were able to handle this incredible increase in voters was due directly to the statewide planning process done by states to comply with the federal Help America Vote Act (HAVA). Attention to problems found (in 2000 and before) were identified and addressed by state and local election officials. Developing discussions throughout each state, local jurisdictions were able to get the political support from local leaders to make improvements to their own processes without any significant influx of federal or state funds because monies from HAVA had not been distributed in time to have major impact in The stress of getting it right with the national awareness and four years of constant criticism of the process contributed to heightened attention to details for all concerned. However, there are things we probably can and should do better, with changes by legislators. Federal Issues Loom Immediately: Failure to Act can be Expensive Some feel the decisions ought to begin with Congress, but most of the nation s elections administrators believe the real solutions to the challenges are more likely to be the responsibility of individual states if there are to be effective solutions. First, there is the need of the states to meet requirements of HAVA. At this writing, seven states had not yet completed the details necessary to receive their FY 2003 funds: Alaska, Hawaii, Ill., N.Y., Okla., S.D. and Utah, while most states are preparing to receive their FY 2004 funds. Most are in process and should be done by the time this article appears, but South Dakota and New York have larger hurdles to conquer. South Dakota needs its legislature to provide the 5 percent matching funds to qualify for federal HAVA funds. New York is mired in conflict within its own legislature about major portions of necessary legislation to make its state compliant with HAVA. The risk for these states is they are playing Russian roulette with the U.S. Congress, which is now indicating that any undistributed funds available at appropriation time in the fall of 2005 are likely to be taken back by Congress. States not fully funded and in compliance by about July 2005 are likely to lose federal matching funds and still be responsible for compliance with state funds. That includes about 20 states who have not yet complied to qualify for FY 2004 funds. Some states have enough money to partially qualify for matching funds for FY 2004, but if they do not fully qualify quickly, there is a very real possibility the federal government will force them to repay all the distributed funds... and still comply with state funds. The seriousness of this amounts to millions of dollars each for many states; N.Y. alone is risking a $156 million loss of federal funds and then a necessity of producing a like amount from the state to meet its compliance requirements rather than simply a 5 percent match that gets them the $156 million. 346 The Book of the States 2005

2 Election 2004 Issues: States Must Address Action Quickly Let s review concerns expressed by political groups and media about Election Editorial limitations prevent a discussion of all concerns policy makers have heard. Rather this article focuses on those appearing to have greatest needs for decisions. Voting Equipment and Standard The great debate that raged on the effectiveness and security of voting equipment, and especially electronic equipment, appears to have been somewhat overblown in predictions of rampant fraud or ultimate and dire massive failures. Neither happened. While there were some examples of voting equipment foul-ups, so far the problems seem to be more of human failures rather than machine failures; i.e., if humans had done what they were supposed to have done, the equipment would have rendered votes accurately. It is important to remember that those criticizing voting equipment often ignore the imperfection of paper ballots. There are imperfections in all voting processes and almost always because humans voters, or poll workers, or technicians or election officials make mistakes. The presumption that paper ballots are perfect, and that voting equipment is mistake prone, is an erroneous judgment. As this is being written, it appears states must proceed with purchasing voting equipment without the benefit of having national standards for disability compliance or for security standards. HAVA requires states to purchase at least one voting device per polling site that allows persons with disabilities, especially the blind and visually impaired, to vote independently and privately. To meet the 2006 deadline in HAVA, states will need to proceed with a full court press in 2005 to identify and purchase systems. Those who wait until the deadline looms stand to have delivery problems, training problems and potential election disasters in 2006 because units are too new to both election officials and voters. State leaders are urging congressional leaders to revamp deadline dates for HAVA compliance, but there is a genuine reluctance by some members of both political parties to reopen the HAVA legislation. Since no one can accurately predict what will happen to the legislation if it is opened, it appears unlikely as of this writing that there is sufficient political will to reopen the legislation and change deadlines. That leaves states faced with immediate action at the state level. It appears that standards from the federal government (the Election Assistance Commission and the National Institute of Standards and Technology) will come too late to meet the HAVA deadlines. Even if they complete standards by mid year 2005, the lag time for vendors to design and produce units to meet new standards are likely to take an additional year beyond the final published standards. Additionally, government purchasing processes take long lead times. Long lines at the polls seem to be one of the major concerns in 2004, and yet the choices available to fix the problem are rarely heeded. The principal solution for this is a recognition that the longer the ballot is in a presidential election year, the longer it takes voters to vote. Keeping initiatives, referendum, and state Constitutional amendments to a minimum in a presidential election year is certainly one key solution but one that is rarely acceptable to policy-makers. The second part of the problem is recognition that more voting equipment is needed for the increased numbers of voters that appear in a presidential year. Most states and local jurisdictions do not provide sufficient quantities of voting equipment needed for an off-presidential year election, let alone one where more voters show up than have appeared in any election in 40 years. This becomes a matter of the public will to do what is necessary: buy enough voting equipment to provide enough machines for the voters who showed up in Election 2004 and elections professionals can probably whip this issue for the foreseeable future. That means buying not just enough equipment for the voters, but enough spares to replace the units that malfunction during the election. Blaming election officials for long lines is not going to fix this problem without initially solving the first two problems: limiting the ballot size and buying enough voting machines to do the job. Election officials cannot run to the nearest electronics store and buy extra voting machines on the spur of the moment. Despite the election administrators request for more equipment, that decision is usually made at least one to two years in advance and it is a decision made by budget and political authorities who are not election officials. Immediate Policy Concerns of the States What are systemic problems that face policy-makers immediately? The following must receive attention of each and every state: Voter Registration Issues Voter Registration Deadlines: States that have less than a 30-day cutoff for voter registration imperil The Council of State Governments 347

3 the ability of the election official to assure the voter is on the roll and not disenfranchised. Well intentioned legislators who have provided for shorter cutoff periods trying to enfranchise more voters have actually forced the unintended consequence of almost assuring that the records are not accurate. Two, and probably only two solutions, are available in this regard: establish 30-day cutoff of registration, or have same day registration (which creates additional administrative problems and may prove difficult in states with huge population centers or where a history of voter fraud has occurred). Clearly too short a period works to the disadvantage and possible disenfranchisement of voters and to the integrity of the process. Voter Registration Groups: The importance of groups dedicated to voter registration efforts is certainly welcome within our democracy. Their efforts reward the process with more Americans eligible to participate. However, Election 2004 proved conclusively there is a major problem where some voter groups, special interest groups and candidate organizations engage in voter registration drives and then burden the process because of innocent or intentional manipulation of the process. States need to quickly address legal changes for necessary training of deputy or outside registrars and must set deadlines for turning in the registrations immediately upon soliciting them from voters. Allegations of (1) bogus registrations or (2) where voter groups accept registrations but then only turn in the ones they think are for their candidates, must not be allowed to damage the fundamental faith of voters in the process. States need to force all organizations to receive official training by election officials. Concurrently, give election administrators the ability to stop efforts of groups or individuals who can t seem to follow law and procedures. Voter registration (VR) applications need to be turned in within 48 hours of being completed by the voter. This process must be fair to both the voter and the official election administration. If the VR groups are allowed to sit on applications for weeks or months at a time, voters can not check to see if the organization actually turned it in. They burden the process by turning in applications on the last day or two before registration cutoff. There has to be accountability built into the VR process. A valid name, address and phone number or some form of identification of the solicitor of the VR application is necessary to improving this process. Continual process abusers need to be prohibited from engaging in VR drives. Thousands of voters thought they had registered through one of these groups only to discover that their applications never arrived or arrived too late to get on the official rolls. What is the difference? The difference is whether the voter votes an actual ballot or a provisional ballot that may not be qualified in a later decision. That is a significant difference. States need to provide for effective enforcement perhaps by giving the chief election official of each state the ability to use internal legal staff to prosecute. Absentee and Early Voting Issues Policy-makers must allow enough time to end early voting with sufficient time for local election officials to produce official poll books to be distributed to polling sites showing voters who voted early. There can be disagreement on how much time is necessary, but most election officials would recommend no less than four full days prior to election day. The process of identifying early voters on rolls is paramount to correctly serving voters as well as preventing double voting. Absentee ballot applications, likewise, need to have a prior cutoff date so the elections office can receive the application and have ability to return the ballot by mail to the absentee voter. A cutoff date is likely to require at least seven days prior to election. Allowing voters to request absentee ballots up to the day before election almost guarantees that large numbers in urban areas will be ill served: because they have requested an absentee ballot the election official almost always has to deny the opportunity to vote in person to avoid duplicate voting. That is not fair to the voter or the election process. Absentee ballots tend to be paper based and the trend is growing for states to lessen the restrictions on why a voter can vote by absentee ballot. California allows any voter to register as a permanent absentee voter; Texas allows voters 65 and older to register as absentee voters. All states need to consider allowing election officials to open and process absentee ballots prior to election day. Examples of states allowing officials to open the ballots prior to election are: Ark., Calif., Iowa, Idaho, Kan., Mass., Mo., Ohio, Tenn., Texas and Utah. Among the states allowing them to count the ballots (but not reveal results) prior to election day: Calif., Fla., Kan., Mo. and Texas. Provisional Voting Policy-makers need to address the short term issues in provisional voting. Long term, the numbers of provisional voters is likely to decrease to a much smaller, more manageable number because statewide 348 The Book of the States 2005

4 voter databases will do a better job of keeping up address changes and eliminate need for voters to request a provisional ballot. Michigan, even in 2004, with extraordinary numbers of voters going to the polls, found their provisional ballots were an exceedingly small part of their election because of effective use of the statewide voter database. But until statewide databases are created, debugged and functional, there is an interim problem. Multiple lawsuits were filed in a variety of states to force states to count the provisional ballot regardless of whether the voter was in the right polling site. So far, all final adjudications of this have indicated state law prevails as called for in HAVA. But those suits did not settle the issue of what races should be counted whenever a provisional ballot is cast. Most states have indicated the voter must go to the proper polling site to have any of the voter s votes counted. Some states (e.g., N.Y., Wash., Calif.) allow the voter to have votes counted for any wide jurisdictional race such as presidential and other federal races, statewide races, and countywide races, regardless of whether the voter is in the correct polling site. States need to decide, on a state-by-state basis, what is appropriate and fair to the voter. Additionally, states need to review policies on how long election administrators have to qualify provisional ballots. If the spirit of offering provisional ballots is to assure that voters have some method of fail safe when they are inadvertently left off the official rolls, then states need to determine if the spirit of the law can be met by providing less than two weeks to check and qualify those ballots. Poll watchers A Continuing Source of Problems It is time for states to revisit the whole concept of poll watchers distinct from the concerns about official poll workers. Voters often confuse the actions of poll watchers as being an election official who is challenging them. Legislators need to review and define when and how election officials can regulate the poll watcher process. These are not the only concerns but are the major policy issues for states immediately and failure to act this year may lead to congressional action instead. The nation s elections administrators meet during the first quarter of 2005 to draw up recommendations for states and Congress about the best solutions for the most vexing of systemic problems. The Election Center s National Task Force on Election Reform 2004 will publish their findings to help policy-makers at all levels find appropriate solutions. About the Author R. Doug Lewis, CERA (Certified Election/Registration Administrator), is executive director of The Election Center, a nonpartisan, nonprofit organization representing the nation s election officials. He has been called upon by Congress, the federal agencies, state legislatures, and national and worldwide news media for solutions to voting issues. The Council of State Governments 349

5 Table 6.1 STATE EXECUTIVE BRANCH OFFICIALS TO BE ELECTED: State or other jurisdiction Alabama G,LG,AG,AR,A,SS,T Alaska (a) G,LG Arizona G,AG,SS,SP,T,(b) Arkansas G,LG,AG,A,SS,T,(g) California G,LG,AG,SS,SP,T (c)(h) Colorado G,LG,AG,SS,T Connecticut G,LG,AG,C,SS,T Delaware AG,A,T... G, LG, (d)... Florida G,LG,AG,AR,CFO Georgia G,LG,AG,AR,SS,SP (e)(f) Hawaii G,LG Idaho G,LG,AG,SS,SP,T,(h) Illinois G,LG,AG,C,SS,T Indiana A,SS,T... G, LG, AG, SP... Iowa G,LG,AG,AR,A,SS,T Kansas G,LG,AG,SS,T,(i) Kentucky G,LG,AG,AR,A,SS,T Louisiana (j) G,LG,AG,AR,SS,T (j) (j)... Maine (k) G Maryland G,LG,AG,C Massachusetts G,LG,AG,A,SS,T Michigan G,LG,AG,SS (l)... (l)... Minnesota G,LG,AG,A,SS Mississippi G,LG,AG,AR,A,SS,T (m) Missouri A... G,LG,AG,SS,T... Montana G,LG,AG,A,SS,SP... Nebraska G,LG,AG,A,SS,T Nevada G,LG,AG,SS,T,(h) New Hampshire G... G... New Jersey... G G New Mexico G,LG,AG,A,SS,T,(o) New York G,LG,AG,C North Carolina G,LG,AG,AR,A,SS,SP,T, (p)... North Dakota SS,AG,AR,(q),(n)... G,LG,A,T,(q)... Ohio G,LG,A,AG,SS,T Oklahoma G,LG,AG,A,SP,T,(r) Oregon G,SP... AG,SS,T... Pennsylvania G,LG... AG,A,T... Rhode Island G,LG,AG,SS,T South Carolina G,LG,AG,AR,C,SS,SP,T,(s) See footnotes at end of table. 350 The Book of the States 2005

6 STATE EXECUTIVE BRANCH OFFICIALS TO BE ELECTED: Continued State or other jurisdiction South Dakota G,LG,AG,A,SS,T,(t)... (t)... Tennessee G Texas G,LG,AG,AR,C,(u)... (u)... Utah G,LG,AG,A,T... Vermont G,LG,AG,A,SS,T... G,LG,AG,A,SS,T... Virginia... G,LG,AG G,LG,AG Washington G,LG,AG,A,SS,SP,T (f)... West Virginia G,AG,AR,A,SS,T... Wisconsin... SP G,LG,AG,SS,T SP Wyoming G,A,SS,SP,T American Samoa G, LG... U.S. Virgin Islands G,LG Totals for year Governor Lieutenant Governor Attorney General Agriculture Auditor Chief Financial Officer Comptroller Secretary of State Supt. of Public Inst. (v) Treasurer Sources: The Council of State Governments survey, October 2004 and state election administration offices and web sites, January Note: This table shows the executive branch officials up for election in a given year. Footnotes indicate other offices (e.g., commissioners of labor, insurance, public service, etc.) also up for election in a given year. The data contained in this table reflect information available at press time. Key:... No regularly scheduled elections G Governor LG Lieutenant Governor AG Attorney General AR Agriculture A Auditor C Comptroller CFO Chief Financial Officer SS Secretary of State SP Superintendent of public instruction (v) T Treasurer (a) Election of school boards established to maintain system of state dependent public school systems established in areas of the unorganized borough and military reservations not served by other public school systems. (b) Corporation commissioners (5) 6 year terms, (one due to resignation), (c) Insurance commissioner and Board of Equalization. (d) Insurance Commissioner. (e) Public service commissioners (5) 6 year terms, , , Commissioner of labor 4 year term, (f) Insurance commissioner, commissioner of public lands. (g) Land commissioner. (h) Controller.(i) Commissioner of insurance 2006; Board of education members (10) 4 year terms, , , (j) Commissioner of elections 4 year term, 2007; commissioner of insurance 4 year term, 2007; board of elementary and secondary education (8) 4 year terms, ; public service commissioners (5) 6 year terms, , , (k) In Maine the legislature elects constitutional officers (AG,SS,T) in even-numbered years for 2 year terms; the auditor will be elected by the legislature in 2004 and will serve a 4 year term. (l) Michigan State University trustees (8) 8 year terms, , , , ; University of Michigan regents (8) 8 year terms, , , ; Wayne State University governors (8) 8 year terms, , , ; State Board of Education (8) 8 year terms, , , (m) Commissioner of insurance, transportation commissioners (3), public service commissioners (3). (n) Tax Commissioner. (o) Commissioner of public lands 4 year term, 2006; board of education (10) 6 year terms, , ; corporation commissioners (3) 6 year terms, (p) Commissioner of labor; commissioner of insurance. (q) Public Service Commissioner (3) 6 year terms, , , (r) Corporation commissioner (3) 6 year terms; commissioner of insurance 4 year term; commissioner of labor 4 year term. (s) Adjutant general 4 year term. (t) Commissioner of school and public lands, 2006; public utility commissioners (3) 6 year terms, , , (u) Commissioner of general land office 4 year term, 2006; railroad commissioners (3) 6 year terms, , , ; board of education (15) 4 year terms, , , , (v) Superintendent of public instruction or commissioner of education. (w) All of the positions will appear next on the ballot in However, the positions of secretary of state, attorney general, commissioner of agriculture and tax commissioner will only be elected to terms of two years. They will again appear on the ballot in 2006 and be elected to terms of four years and every four years thereafter. This one time ballot change is to establish a new four-year cycle as approved by the voters of North Dakota in June The remaining positions will appear on the ballot in the same four-year cycle as the governor and president of the United States. The Council of State Governments 351

7 Table 6.2 STATE LEGISLATURES: MEMBERS TO BE ELECTED, Total legislators State or other jurisdiction Senate House/Assembly Senate House Senate House Senate House Senate House Senate House Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois (a) (b) (b) Indiana Iowa (d) (c) Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska U U U Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina See footnotes at end of table. 352 The Book of the States 2004

8 Table 6.2 STATE LEGISLATURES: MEMBERS TO BE ELECTED, Total legislators State or other jurisdiction Senate House/Assembly Senate House Senate House Senate House Senate House Senate House South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American Samoa (e) (e) U.S. Virgin Islands U U U Totals... 2,004 5, ,144 4, ,089 4, Sources: The Council of State Governments survey, October 2004 and state election web sites, January Note: This table shows the number of legislative seats up for election in a given year. As a result of redistricting, states may adjust some elections. The data contained inthis table reflect information available at press time. See the Chapter 3 table entitled, The Legislators: Numbers, Terms, and Party Affiliations, for specific information on legislative terms. Key:... No regularly scheduled elections U Unicameral legislature (a) The entire Senate is up for election every 10 years, beginning in Senate districts are divided into three groups. One group of senators is elected for terms of four years, four years and two years;two years, four years and four years; four years, two years and four years. b) After redistricting there will be a lottery for which districts in the Senate will receive the set of terms. (c) Even-numbered Senate districts. (d) Odd-numbered Senate districts. (e) In American Samoa, Senators are not elected by popular vote. They are selected by county councils of chiefs. The Council of State Governments 353

9 Table 6.3 METHODS OF NOMINATING CANDIDATES FOR STATE OFFICES State or other jurisdiction Alabama... Alaska... Arizona... Arkansas... California... Colorado... Connecticut... Delaware... Florida... Georgia... Hawaii... Idaho... Illinois... Indiana... Iowa... Kansas... Kentucky... Louisiana... Maine... Maryland... Massachusetts... Michigan... Minnesota... Mississippi... Missouri... Montana... Nebraska... Nevada... New Hampshire... New Jersey... New Mexico... New York... North Carolina... North Dakota... Ohio... Oklahoma... Oregon... Pennsylvania... Rhode Island... South Carolina... Method(s) of nominating candidates Primary election; however, the state executive committee or other governing body of any political party may choose instead to hold a state convention for the purpose of nominating candidates. Petition. Primary election or independent nomination procedure. Assembly/primary. Political parties hold state assemblies to nominate candidates for the primary ballot. A candidate is placed on the ballot if he/she receives 30 percent of the vote or, after two ballots, is one of the two candidates receiving the highest number of votes. Candidates (including those from major political parties) can also petition their name on the ballot. Each party s gubernatorial candidate selects a lieutenant governor candidate after the primary election. Convention/primary election. Major political parties hold state conventions (convening not earlier than the 68th day and closing not later than the 50th day before the date of the primary) for the purpose of endorsing candidates. If no one challenges the endorsed candidate, no primary election is held. However, if anyone (who received at least 15 percent of the delegate vote on any roll call at the convention) challenges the endorsed candidate, a primary election is held to determine the party nominee for the general election. Primary election for Democrats and Primary election and Convention for Republicans.. Primary election/convention. New parties nominate candidates for general election after qualifying for ballot status. Primary election held for the nomination of candidates for governor and U.S. senator; state party conventions held for the nomination of candidates for other state offices. Primary election; however, if there are more than two candidates for any nomination and none receives at least 35 percent of the primary vote, the primary is deemed inconclusive and the nomination is made by the party convention. (Applicable only for recognized political parties.) Minor party candidates are nominated at their respective state conventions Independent candidates are nominated by petition. A slate of candidates for governor and lieutenant governor that receives the highest number of its party s votes but which number is less than 40 percent of the votes cast for all slates of candidates of that party, shall be required to participate in a runoff primary with the slate of candidates of the same party receiving the second highest number of votes. Petition only for unaffiliated or non-recognized parties in general elections only. Primary election held for governor, state senate and state house. State convention held to nominate candidates for lieutenant governor, secretary of state and attorney general. Candidates for minor parties or independent candidates are by petition. They must have the signatures of 2,000 people who will be eligible to vote in the next general election. Independent candidates are nominated by petition for the general election. Minor parties nominated by petition or by party. Independent candidates are nominated by petition for the general election. Statewide candidates petition to go to convention and are nominated in a primary election. District and legislative candidate petition for primary ballot access. Primary election/petition. New parties by convention. Convention/primary election. Political parties hold state conventions for the purpose of endorsing candidates. Endorsed candidates are automatically placed on the primary election ballot, but other candidates may also petition their name on the ballot. Primary election, convention and petition. Primary election, and nomination papers for minor political parties and political bodies. Primary election for Republicans and Democrats; party conventions held for five minor parties. Candidates can have name on ballot via petition. See footnotes at end of table. 354 The Book of the States 2005

10 METHODS OF NOMINATING CANDIDATES FOR STATE OFFICES Continued State or other jurisdiction South Dakota... Tennessee... Texas... Utah... Vermont... Virginia... Washington... West Virginia... Wisconsin... Wyoming... Dist. of Columbia... American Samoa... U.S. Virgin Islands... Method(s) of nominating candidates Any candidate who receives a plurality of the primary vote becomes the nominee; however, if no individual receives at least 35 percent of the vote for the candidacy for the offices of governor, U.S. senator, or U.S. congressman, a runoff election is held two weeks later. Lt. governor, attorney general, secretary of state, auditor, treasurer, school and public lands commissioner, and public utilities commissioner are nominated by party convention. Primary election/petition. Primary election/convention. Minor parties without ballot access nominate candidates for the general election after qualifying for ballot access by petition. Convention, primary election and petition. Parties generally nominate their candidates in a convention. If one candidate does not get a certain percentage of delegate votes, the top two candidates go to a primary. Candidates not affiliated with a party can gain ballot access by petition. Major parties that fail to nominate by primary election and minor parties can nominate by filing of a statement to nomination by the state party committee. Independents can be nominated by petition. Primary election; minor parties hold convention for nomination and qualify at primary election. Primary election for major parties. Convention is held for official parties that received less than 10 percent of the last gubernatorial vote total. Minor parties and independent candidates nominated by petition. Primary election/petition. Independent and minor party candidates file by nominating petition. Individual files petition for candidacy with the chief election officer. Petition must be signed by statutorily-mandated number of qualified voters. Sources: The Council of State Governments survey of state election administration offices, October 2004 and state election websites, January Note: The nominating methods described here are for state offices; procedures may vary for local candidates. Also, independent candidates may have to petition for nomination... The Council of State Governments 355

11 Table 6.4 ELECTION DATES FOR NATIONAL, STATE AND LOCAL ELECTIONS (Formulas and dates of state elections) National (a) State (b) Local State or other jurisdiction Primary Runoff General Primary Runoff General Primary Runoff General Alabama... June, 1st T... Nov., June, 1st T June, Last T Nat. V V V June 3, 2008 Nov. 4, 2008 June 6, 2006 June 27, 2006 Nov. 7, 2006 Alaska... Aug., 4th T... Nov., Nat.... Nat V Aug. 26, 2008 Nov. 4, 2008 Aug. 22, 2006 Nov. 7, 2006 Arizona... Feb., 4th T... Nov., 8th T Prior... Nat. Mar., 2nd T May 3rd T 8 T prior to Nat. or Nat. Feb. 26, 2008 Nov. 4, 2008 Sept. 19, 2008 Nov. 7, 2006 Arkansas... 3 wks. Prior to Runoff June, 2nd T Nov., Nat. Nat. Nat. Nat. Nat. Nat. May 20, 2008 June 10, 2008 Nov. 4, 2008 May 16, 2006 June 6, 2006 Nov. 7, 2006 California... (l)... Nov., Mar.... Nat Nat. June. 3, 2008 Nov. 4, 2008 Mar. 7, 2008 Nov. 7, 2006 Colorado... (l) (m)... Nov., Aug., 2nd T... Nat. V... V Date not set at press time. Nov. 4, 2008 Aug. 8, 2006 Nov. 7, 2006 Connecticut... Aug. 2nd T... Nov., Aug. 2nd T... Nat. 56th day preceding elect.... Nat. or May, 1st M (c) Mar. 4, 2008 Nov. 4, 2008 Aug.2006 Nov. 7, 2006 Delaware... (l)... Nov., Sept., 1st S... Nat (d) Feb Nov. 4, 2008 After 1st M Sept. 6, 2008 Nov. 4, 2008 Florida... Mar., 2nd T... Nov., 9th T Prior... Nat. State... Nat. Mar. 14, 2008 Nov. 4, 2008 Sept. 5, 2006 Nov. 7, 2006 Georgia... July, 3rd T 21 days AP Nov., Nat. Nat. Nat. Nat. Nat. Nat. July 15, 2008 Aug. 5, 2008 Nov. 4, 2008 July 19, 2006 Aug. 8, 2006 Nov. 7, 2006 Hawaii... (l) (m)... Nov., Sept., 2nd Last S... Nat. State... Nat. Date not set at press time. Nov. 4, 2008 Sept. 23, 2006 Nov. 7, 2006 Idaho... May, 4th T... Nov., Nat.... Nat. Nat.... Nat. May 27, 2008 Nov. 4, 2008 May 23, 2006 Nov. 7, 2006 Illinois... Mar., 3rd T... Nov., Nat.... Nat Mar. 18, 2008 Nov. 4, 2008 March 14, 2006 Nov. 7, 2006 Indiana... May,... Nov., Nat.... Nat. Nat.... Nat. May 6, 2008 Nov. 4, 2008 May 2, 2006 Nov. 4, 2008 Iowa... (k)... Nov., June,... Nat. State... Nat. Date not set at press time. Nov. 4, 2008 June 6, 2006 Nov. 7, 2006 Kansas... (l) (m)... Nov., Aug. 1st T (d)... Nat. (d) 5 wks. Prior... April 1st T Date not set at press time. Nov. 4, 2008 Aug. 1, 2006 Nov. 7, 2006 Kentucky... May, 1st T after 4th M... Nov., Nat. 35 days after P Nat. Nat.... Nat. May 28, 2008 Nov. 4, 2008 May 15, 2008 June 19, 2008 Nov. 6, 2007 Louisiana (f)... (l)... Nov., (l) (p) (l) (p) (p) V... V Mar. 9, 2008 Nov. 4, 2008 Oct. 20, 2007 Date not set at press time. Nov. 17, 2007 See footnotes at end of table. 356 The Book of the States 2005

12 ELECTION DATES FOR NATIONAL, STATE AND LOCAL ELECTIONS CONTINUED National (a) State (b) Local State or other jurisdiction Primary Runoff General Primary Runoff General Primary Runoff General Maine... (l) (m)... Nov., June, 2nd T... Nat V Date not set at press time. Nov. 4, 2008 June 13, 2006 Nov. 7, 2006 Maryland... Mar., 1st T... Nov., Nat.... Nat. Nat.... Nat. Mar. 4, 2008 Nov. 4, 2008 Mar. 7, 2006 Nov. 7, 2006 Massachusetts... (l)... Nov., 7th T Prior... Nat. V... V Date not set at press time. Nov. 4, 2008 Sept. 19, 2006 Nov. 7, 2006 Michigan... Feb., 4th T... Nov., Aug.,...Nat. V... V Feb. 26, 2008 Nov. 4, 2008 Aug. 8, 2008 Nov. 7, 2006 Minnesota... (l) (m)... Nov., Sept., 1st T... Nat. State (d)... Nat. (d) Date not set at press time. Nov. 4, 2008 after 2nd M Sept. 12, 2006 Nov. 7, 2006 Mississippi... June, 1st T (g) Nov., Aug., (e) 3rd T AP Nat. (d) May, 1st T (d) 2nd T AP June, (d) June 3, 2008 Nov. 4, 2008 Aug. 8, 2006 Aug. 29, 2006 Nov. 7, 2006 Missouri... Feb.,... Nov., Aug.,... Nat. State... Nat. Feb. 5, 2008 Nov. 4, 2008 Aug. 5, 2008 Nov. 4, 2008 Montana... June,... Nov., Nat.... Nat. Nat.... Nat. June 3, 2008 Nov. 4, 2008 June 3, 2008 Nov. 4, 2008 Nebraska... May, 1st T After 2nd M... Nov., Nat.... Nat. Nat.... Nat. May 13, 2008 Nov. 4, 2008 May 9, 2006 Nov. 7, 2006 Nevada... Sept., 1st T... Nov., Nat.... Nat. Nat.... Nat. Sept. 2, 2008 Nov. 4, 2008 Sept. 5, 2006 Nov. 7, 2006 New Hampshire... Sept., 2nd T... Nov., Nat.... Nat. V... V Sept. 9, 2008 Nov. 4, 2008 Sept. 12, 2006 Nov. 7, 2006 New Jersey... June,... Nov., June,... Nat. June,... Nat. June 3, 2008 Nov. 4, 2008 June 7, 2005 Nov. 8, 2005 New Mexico... June, 1st T... Nov., Nat.... Nat. Nat.... Nat. June 3, 2008 Nov. 4, 2008 June 6, 2006 Nov. 7, 2006 New York... Mar., 1st T... Nov., Sept.,... Nat. State Sept., 2 wks Nat. Mar. 4, 2008 Nov. 4, 2008 Sept. 5, 2006 Nov. 7, 2006 AP (d) North Carolina... May, 4 wks. AP Nov., Nat. 4 wks. AP Nat. Nat. Nat. Nat. May 6, 2008 June 3, 2008 Nov. 4, 2008 May 6, 2008 June 3, 2008 Nov. 4, 2008 North Dakota... (n)... Nov., June, 2nd T... Nat June, 2nd T (e) Date not set at press time. Nov. 4, 2008 June 10, 2008 Nov. 4, 2008 Ohio... Mar.,... Nov., Nat.... Nat. Nat. (d)... Nat. (d) Mar. 4, 2008 Nov. 4, 2008 Mar. 7, 2006 Nov. 7, 2006 Oklahoma... July, last T (h)... Nov., Nat. Aug., 4th T Nat. Nat. Nat. Nat. Nov. 4, 2008 July 25, 2006 Aug. 22, 2006 Nov. 7, 2006 See footnotes at end of table. The Council of State Governments 357

13 ELECTION DATES FOR NATIONAL, STATE AND LOCAL ELECTIONS CONTINUED National (a) State (b) Local State or other jurisdiction Primary Runoff General Primary Runoff General Primary Runoff General Oregon... May, 3rd T... Nov., Nat.... Nat. Nat.... Nat. May 20, 2008 Nov. 4, 2008 May 8, 2006 Nov. 7, 2006 Pennsylvania... April, 4th T... Nov., Nat.... Nat. Nat.... Nat. Apr. 22, 2008 Nov. 4, 2008 Apr. 25, 2006 Nov. 7, 2006 Rhode Island... (l)... Nov., Sept., 2nd T... Nat. State... Nat. Date not set at press time. Nov. 4, 2008 after 1st M Sept. 12, 2006 Nov. 7, 2006 South Carolina... (l) Nov., June, 2nd T 2nd T AP Nat. State (d) State Nat. (d) June 1, 2008 Nov. 4, 2008 June 13, 2006 June 27, 2006 Nov. 7, 2006 South Dakota... June, 1st T 2nd T AP Nov., Nat. Nat. Nat. State... Nat. June 3, 2008 June 17, 2008 Nov. 4, 2008 June 6, 2006 June 13, 2006 Nov. 7, 2006 Tennessee... Feb., 2nd T... Nov., Aug., 1st T... Nat. Feb., 2nd T... Aug 1st T Feb. 12, 2008 Nov. 4, 2008 Aug. 3, 2006 Nov. 7, 2006 May, 1st T Texas... Mar., 2nd T Apr., 2nd T Nov., Nat. Nat. Nat. Nat. Nat. Nat. Mar. 11, 2008 Apr. 8, 2008 Nov. 4, 2008 Mar. 7, 2006 Apr. 11, 2006 Nov. 7, 2006 Utah... (l) (m)... Nov., June, 4th T... Nat. State... Nat. Nov. 4, 2008 June 24, 2008 Nov. 4, 2008 Vermont (i)... (l)... Nov., Sept., 2nd T... Nat March, 1st T Date not set at press time. Nov. 4, 2008 Sept. 12, 2006 Nov. 7, 2006 Virginia... (l)... Nov., June, 2nd T... Nat. State or Feb., last T... Nat. or May, 1st T Date not set at press time. Nov. 4, 2008 June 14, 2005 Nov. 8, 2005 Washington... (l) (m)... Nov., Sept., 3rd T (o)... Nat. State... Nat. Nov. 4, 2008 Sept. 16, 2008 Nov. 4, 2008 West Virginia... May, 2nd T... Nov., Nat.... Nat. Nat.... Nat. May 13, 2008 Nov. 4, 2008 May 13, 2008 Nov. 4, 2008 Wisconsin... Sept., 2nd T... Nov., Nat.... Nat. Nat.... Nat. Sept. 9, 2008 Nov. 4, 2008 Sept. 12, 2006 Nov. 7, 2006 Wyoming... (l) (m)... Nov., Aug., 1st T... Nat. State... Nat. Nov. 4, 2008 after 3rd M Aug. 22, 2006 Nov. 7, 2006 Dist. of Columbia... (l)... Nov., Sept, 1st T after 2nd M... Nov., Date not set at press time. Nov. 4, 2008 American Samoa... (j) 14 days after gen. Nov., (j) 14 days after gen. Nov., (j)... (o) Nov. 21, 2008 Nov. 4, 2008 Nov. 18, 2008 Nov. 4, 2008 U.S. Virgin Islands Sept., 2nd S 14 day AP Nov., 1st T Sept., 2nd S 14 days AP Nov., 1st T Sept. 13, 2008 Sept. 27, 2008 Nov. 4, 2008 See footnotes at end of table. 358 The Book of the States 2005

14 ELECTION DATES FOR NATIONAL, STATE AND LOCAL ELECTIONS Continued Sources: The Council of State Governments survey of state election offices, October 2004 and state web sites, February Note: This table describes the basic formulas for determining when national, state and local elections will be held. For specific information on a particular state, the reader is advised to contact the specific state election administration office. All dates provided are based on the state election formula. Key: First Tuesday after first Monday.... No provision. M Monday. T Tuesday. TH Thursday. S Saturday. Nat. Same date as national elections. State Same date as state elections. Prior Prior to general election. AP After primary. V Varies. (a) National refers to presidential elections. (b) State refers to election in which a state executive official or U.S. senator is to be elected. See Table 6.2, State Officials to be Elected. (c) Unless that date conflicts with Passover, then 1st Tuesday following last day of Passover. (d) In Delaware, elections are determined by city charter. In Iowa, partisan election only. In Kansas, state and county elections. In Minnesota, county elections only. In Mississippi, state and county elections are held together; municipal elections are held in separate years. In Montana, municipalities only. In New York, runoff in New York City only. In Ohio, municipalities and towns in odd years and counties in even years. In South Carolina, school boards vary. (e) Cities only. (f) Louisiana has an open primary which requires all candidates, regardless of party affiliation, to appear on a single ballot. If a candidate receives over 50 percent of the vote in the primary, that candidate is elected to the office. If no candidate receives a majority vote, then a single election is held between the two candidates receiving the most votes. For national elections, the first vote is held on the first Saturday in October of even-numbered years with the general election held on the first Tuesday after the first Monday in November. For state elections, the election is held on the second to last Saturday in October with the runoff being held on the fourth Saturday after first election. Local elections vary depending on the location and the year. (g) Except in presidential election year when congressional races correspond to Super Tuesday. (h) The primary election is held on the 4th Tuesday in August in each even-numbered year, including presidential election years. The presidential preferential primary is held on the 1st Tuesday in February during presidential election years. (i) In Vermont, if there is a tie in a primary or general election (and a recount does not resolve the tie) the appropriate superior could order a recessed election, among the tied candidates only, within three weeks of the recount. In state primary runoffs, the runoff election must be proclaimed within seven days after primary; after proclamation, election is held days later. Local elections are held by annual town meetings which may vary depending on town charter. (j) American Samoa does not conduct primary elections (In addition, elections are conducted for territory-wide offices. There are no local elections). (k) Eight days before any other nomination process. (l) Formula not available at press time. (m) State did not hold a presidential primary in (n) On one designated day, following presidential nominating contests in the states of Iowa and New Hampshire and prior to the first Wednesday in March in every presidential election year, every political party entitled to a separate column may conduct a presidential preference caucus. Before August 15 of the odd-numbered year immediately preceding the presidential election year, the secretary of state shall designate the day after consulting with and taking recommendations from the two political parties casting the greatest vote for president of the United States at the most recent general elections when the office of president appeared on the ballot. (o) Must be held on the third Tuesday of the preceding September or on the seventh Tuesday immediately preceding such general election, whichever occurs first. (p) In Louisiana, a Congressional primary election is not held. The Council of State Governments 359

15 Table 6.5 POLLING HOURS: GENERAL ELECTIONS State or other jurisdiction Polls open Polls close Notes on hours (a) Alabama... No later than 8 a.m. Between 6 and 8 p.m. Alaska... 7 a.m. 8 p.m. Arizona... 6 a.m. 7 p.m. Arkansas... 7:30 a.m. 7:30 p.m. California... 7 a.m. 8 p.m. Colorado... 7 a.m. 7 p.m. Connecticut... 6 a.m. 8 p.m. Delaware... 7 a.m. 8 p.m. Florida... 7 a.m. 7 p.m. Georgia... 7 a.m. 7 p.m. Hawaii... 7 a.m. 6 p.m. Idaho... 8 a.m. 8 p.m. Clerks have the option of opening polls at 7 a.m. Idaho is in two time zones MST and PST. Illinois... 6 a.m. 7 p.m. Indiana... 6 a.m. 6 p.m. Iowa... 7 a.m. 9 p.m. Kansas... 7 a.m. 7 p.m. Counties may choose to open polls as early as 6 a.m. and close as late as 8 p.m. Kentucky... 6 a.m. 6 p.m. Louisiana... 6 a.m. 8 p.m. Maine... Between 6 and 10 a.m. 8 p.m. Applicable opening time depends on variables related to the size of the precinct. Maryland... 7 a.m. 8 p.m. Massachusetts... No later than 7 a.m. 8 p.m. Michigan... 7 a.m. 8 p.m. Minnesota... 7 a.m. 8 p.m. Towns outside of the twin cities metro area with less than 500 inhabitants may have a later time for the polls to open as long as it is not later than 10 a.m. Mississippi... 7 a.m. 7 p.m. Missouri... 6 a.m. 7 p.m. Montana... 7 a.m. 8 p.m. Polling places with fewer than 200 electors may open at noon. Nebraska... 7 a.m MST/8 a.m. CST 7 p.m. MST/8 p.m. CST Nevada... 7 a.m. 7 p.m. New Hampshire... No later than 11 a.m. No earlier than 7 p.m. Polling hours vary from town to town. The hours of 11 a.m. to 7 p.m. are by statute. New Jersey... 6 a.m. 8 p.m. New Mexico... 7 a.m. 7 p.m. New York... 6 a.m. 9 p.m. North Carolina... 6:30 a.m. 7:30 p.m. North Dakota... Between 7 and 9 a.m. Between 7 and 9 p.m. Counties must have polls open by 9 a.m., but can choose to open as early as 7 a.m. Polls must remain open until 7 p.m., but can be open as late as 9 p.m. The majority of polls in the state are open from 8 a.m. to 7 p.m. in their respective time zones (CST and MST). Ohio... 6:30 a.m. 7:30 p.m. Oklahoma... 7 a.m. 7 p.m. Oregon... 7 a.m. 8 p.m. Pennsylvania... 7 a.m. 8 p.m. Rhode Island... 7 a.m. 9 p.m. South Carolina... 7 a.m. 7 p.m. South Dakota... 7 a.m. 7 p.m. Tennessee... 8 a.m. 7 p.m. CST/ Poll hours are set by each county election commission. Polling 8 p.m. EST places shall be open a minimum of 10 hours but no more than 13 hours. All polling locations in the eastern time zone shall close at 8 p.m. and those in the central time zone shall close at 7 p.m. Texas... 7 a.m. 7 p.m. Utah... 7 a.m. 8 p.m. Vermont... Between 5 and 10 a.m. 7 p.m. The opening time for polls is set to by local boards of civil authority. Virginia... 6 a.m. 7 p.m. Washington... 7 a.m. 8 p.m. West Virginia... 6:30 a.m. 7:30 p.m. Wisconsin... 7 a.m. 8 p.m. Polls in fourth class cities, villages and towns open at 9 a.m.; extendable by the governing body to no earlier than 7 a.m. Wyoming... 7 a.m. 7 p.m. Dist. of Columbia... 7 a.m. 8 p.m. Guam... 8 a.m. 8 p.m. U.S. Virgin Islands... 7 a.m. 7 p.m. Sources: The Council of State Governments survey, October 2003 and state election Web sites, January Note: Hours for primary, municipal and special elections may differ from 360 The Book of the States 2005 those noted. (a) In all states, voters standing in line when the polls close are allowed to vote; however, provisions for handling those voters vary across jurisdictions.