I. TURNING OUT TO VOTE Although most presidents have won a majority of the votes cast in the election, no modern president has been elected by more than 38 percent of the total voting age population. In the 2008 general election, 55 percent of the voting age population cast ballots. In congressional elections in years when a president is not elected, the turnout rates are significantly lower. Turnout rates are even lower still for most local elections. A. The Effect of Low Voter Turnout Some observers believe that low turnout represents a threat to our representative democratic government. Others believe that nonvoting means satisfaction with the status quo. 1. Is Voter Turnout Declining? The voting age population (VAP) is not the same as the population that is eligible to vote. The VAP includes noncitizens and ineligible ex felons and does not include overseas citizens (who can vote absentee). Correcting for eligibility, the turnout in 2004 was actually 58.8 percent. 2. Factors Influencing Who Votes. The decision to vote appears to be influenced by the following factors: B. Why People Do Not Vote Age. Individuals who are older are more likely to vote. The youngest voters have the lowest turnout rate. Educational attainment. Individuals who have more formal schooling are more likely to vote. Minority status. Despite a decreasing gap, African Americans are still less likely to vote than whites. Turnout for Hispanics and Asian Americans is low because many are not yet citizens or due to language barriers. Turnout among African Americans and Latinos increased in 2008. Income level. Individuals who have higher incomes are more likely to vote. Two party competition. States that have two strong parties, as opposed to one strong and one weak party, tend to have higher voter participation. There are several explanations why people do not vote. These include uninformative media coverage and negative campaigning as well as the rational ignorance effect. 1. Uninformative Media Coverage and Negative Campaigning. This theory says that voters are not given the kind of information that would provide
an incentive for them to vote, and many are turned off by the negativism of campaigns. 2. The Rational Ignorance Effect. The Rational Ignorance Effect theory purports that many individuals rationally calculate that their vote will not change the outcome and that the effort to seek information to cast an informed vote is not worthwhile. Why does anyone show up to vote then? One explanation is that most citizens receive personal satisfaction from the act of voting; it makes them feel that they are good citizens and doing something patriotic. 3. Plans for Improved Voter Turnout. Voter turnout remains relatively low despite ideas (implemented or suggested) to improve it through mail in voting, Internet voting, and registering voters applying for driver s licenses. More reliance on absentee ballots has led to some states to move to unrestricted absentee voting with positive results. Several states have adopted early voting that allows voters to cast their ballots anytime up to three weeks before Election Day. Another idea is to declare Election Day a national holiday. II. LEGAL RESTRICTIONS ON VOTING A. Historical Restrictions The Constitution provides for the states to determine who should vote. 1. Property Requirements. By the 1850s individuals who did not own land were allowed to participate in most states. 2. Further Extensions of the Franchise. In 1870 African Americans were granted the right to vote, though obstacles to their participation remained until the Voting Rights Act of 1965. By 1920 women were granted suffrage. The last major extension of suffrage occurred in 1971 when 18 to 20 year olds were allowed to vote. 3. Is the Franchise Still Too Restrictive? The principal argument is over exfelons who have served their sentences but are barred from voting, often for life. Most other democracies do not impose this rule and not all U.S. states have it. This restriction alters the shape of the electorate because exfelons are often members of a minority group, poor, or both. B. Current Eligibility and Registration Requirements In order to participate in the electoral process in most states an individual must complete a registration process. Although this process varies from state to state, it is considered important to prevent voter fraud. Some have argued that the registration process is too complicated and, therefore, reduces the number of people who vote. In 1995, Congress passed a bill that allows individuals to complete the registration process when they apply for a driver s license,
assuming they are at least 18 years of age. It is now considerably easier for citizens to register. C. Extension of the Voting Rights Act The Voting Rights Act of 1965 was enacted to ensure that African Americans had equal access to the polls. The act was extended in 2006 for 25 more years. Amendments and clarifications included requiring federal approval of any new voting procedures in certain jurisdictions with a history of discrimination, voting assistance for those with limited English proficiency, and authorization to appoint federal election observers when there is evidence of attempts to intimidate minority voters. III. HOW ARE ELECTIONS CONDUCTED? The United States uses the Australian ballot a secret ballot that is prepared, distributed, and counted by government officials at public expense. Before the Australian ballot became standard in 1888, many states used the alternatives of oral voting and differently colored ballots prepared by the parties. A. Office Block and Party Column Ballots Two types of Australian ballots are used in the United States in general elections. The first, called an office block, or Massachusetts ballot groups all the candidates for a particular office under the title of that office. Parties dislike this ballot because it places more emphasis on the office than on the party and discourages straight ticket voting. The second, called a party column, or Indiana ballot arranges all of a party s candidates in one column under the party s label. Most states use this type of ballot, and the two major parties favor this form because it encourages straight ticket voting. B. Voting by Mail Only recently have several states offered mail ballots to all of their voters, which is believed to make voting easier for citizens. Results from Oregon suggest it may increase turnout as well as save taxpayer money. Although many states now offer voting by mail, Oregon is the only state to have abandoned precinct polling places completely. C. Vote Fraud Vote fraud is something regularly suspected but seldom proved. Some researchers claim that the potential for vote fraud is high in many states, particularly through the use of phony voter registrations and absentee ballots. 1. The Danger of Fraud. States often have registration laws that are meant to encourage easy registration and voting. Such laws can be taken advantage of by those who seek to vote more than once, in particular, through absentee ballots.
2. Mistakes by Voting Officials. Mistakes by election officials can lead to some voter disenfranchisement, particularly among minority and poor voters. As a result of the confusion generated by the 2000 elections, many states are trying to improve their voting procedures. Some claim that certain reforms, such as requiring voters to show a voter registration card or photo identification, may prevent fraud but may also deter first time voters, new citizens, and people with less educational background. D. The Importance of the Voting Machine Until 2000, states and counties moved from hand counted paper ballots to mechanical or electronic voting machines as they could afford to or in response to local election difficulties. The 2000 presidential election spurred a national debate on the mechanics of how people actually cast their ballots. Ballot problems in Florida, in particular, resulted in a seriously flawed election process that produced tremendous voter cynicism. In 2002, Congress passed the Help America Vote Act (HAVA), which established a commission to, among other things, set standards for voting machines. Officials are concerned that relying solely on digital recordings and transmissions of vote counts may subject the vote to hacking and fraud. To date, no system has been devised that is totally immune to some sort of fraud. IV. THE ELECTORAL COLLEGE A. The Choice of Electors The Electoral College is set forth in the Constitution (Article II, Section 1; Amendment XII; and Amendment XXIII). Each state chooses electors equal in number to the number of representatives and senators the state has at the time of the election. The District of Columbia also chooses three electors. Currently there are a total of 538 electors. For a candidate to be elected president, he or she must win a minimum of 270 electoral votes. B. The Electors Commitment In each state the political party selects a number of people to serve as potential electors under the party label. When voters go to the polls to cast a ballot for the presidential candidate, they are actually voting for a slate of electors pledged to support the presidential candidate of the party. In all but two states, there is the winner take all system; i.e., if a candidate receives a plurality of the votes cast, he or she wins all of the electoral votes from the state. This is the unit rule. C. Criticism of the Electoral College As a result of the unit rule, presidential candidates often ignore states where the result is not in doubt. In the wake of the 2000 elections, there have been numerous arguments against the Electoral College. Opponents suggest that the current system is unfair to candidates who win the popular vote and their
supporters, that it causes campaigning to be concentrated in large, competitive states, and that it favors the smaller states. Regardless of these arguments, it is likely to remain as the method for the election of the president. To modify or eliminate the Electoral College, an amendment to the Constitution would have to be proposed and ratified, which is unlikely given small state opposition, in particular. Another reform option, the National Popular Vote movement (NPV), creates a compact between states that require electoral votes from NPV states to be cast for the candidate who wins the national popular vote, regardless of the vote in that particular state. So far only two states have approved this law, but several more are considering it.