|
Who’s minding the polling place?
ACLU monitors elections to remove barriers to voter participation
Since the 2000 presidential election debacle, which in Ohio led to
the lawsuit Stewart v. Blackwell, the ACLU routinely ramps up
its elections monitoring activities before, during and after every
election in Ohio.
Using phone banks, online reporting forms, and polling place observers,
and collaborating with other community organizations, we gather reports
from voters across the state and compile the information we receive to
detect patterns that may indicate barriers to citizens’ efforts to vote,
or other systematic violations of voters’ rights.
Despite ice storms and flooding, the March 4, 2008 presidential primary
election boasted a record turnout of voters. But voter reports from
across Ohio revealed some troubling concerns.
Privacy and the secrecy of vote
Many voters in counties that used paper ballots complained about lack of
privacy, especially in Cuyahoga County where voters were using paper
ballots for the first time. Citizens complained that their ballots were
visible during all steps of the process, and that poll workers looked
over completed ballots for problems before placing them in the ballot
box.
Ohio law guarantees voters a secret ballot and privacy in which to vote.
This problem is easily solved by providing secrecy sleeves for paper
ballots.
Running out of ballots
Individuals and the media reported numerous incidents of polling
locations running out of paper ballots. The three counties that had the
most serious ballot shortages were Clermont, Cuyahoga, and Sandusky.
We heard conflicting reports as to the occurrences and severity of
ballot shortages around the state. The Secretary of State asserted that
many polling locations ran low on ballots but never completely
ran out. However, the ACLU of Ohio received reports that far more
precincts ran out of ballots than was acknowledged by the
Secretary of State or the Boards of Elections. Making matters worse,
elections workers were unable to restock polling locations with new
ballots in a timely fashion due to the statewide ice storm. In Cuyahoga
County, had the Board of Elections not switched election systems, this
would not have been a problem.
Misunderstanding of how a primary works
Many of the complaints received indicated great confusion among voters
and poll workers alike about how a primary election works.
Many voters reported concerns about declaring a party. Declaration of
party, in writing or aloud, is part of Ohio’s primary election. In some
precincts, poll workers expressed confusion regarding which ballot to
give voters when they declared a party. The choices were not uniform
throughout the state. For example, some registered Independent voters
were given issue-only ballots, while others could pick any party without
consequence. Compounding this problem was “crossover voting,” or
switching parties at the precinct.
Some voters found that the poll workers were not respectful when they
asked for a “crossover” ballot. A poll worker can challenge any voter
who requests a ballot different from their registered party, but they
cannot deny the request to “crossover vote” if the voter signs a
declaration, or affidavit, explaining their intent. Switching parties
for a primary election is legal with this affidavit.
In this past election, there was no consistency with the enforcement of
the affidavit requirement. Only some precincts had preprinted form
letters. Likewise, only some poll workers required using the form to
change parties. This requirement was confusing for both poll workers and
voters.
Continuing systemic problems
Every Ohio election in recent history has suffered from systemic
problems relating to poor communication between the Secretary of State,
the Boards of Elections and the voting public.
The ACLU of Ohio has pointed out many of these continuing problems
before, through testimony before the legislature and Boards of
Elections, community discussions, Election Day reports, and letters to
the Secretary of State and county elections board members. Yet they
remain unsolved.
- Ohio’s voter ID requirement is vague. It lacks any consistent or
uniform enforcement, and is not understood by poll workers or
voters.
- Absentee ballots requested by voters never arrive or are sent to
the wrong address.
- Provisional ballots are confusing to both poll workers and
voters. There is little understanding of when they are needed and
how they are used.
- There is a lack of understanding about in-person absentee
voting. Prior to Election Day, voters can vote in-person absentee at
their Board of Elections. On Election Day, any ballots cast at the
Board of Elections will be considered provisional, and are counted
only if they are found to be valid.
- Disabled voters often encounter facilities which are not ADA
accessible.
- Poll workers are poorly trained.
In tracking Election Day problems, the ACLU seeks to attain a high
percentage of voter turnout and to empower more people to exercise their
right to vote. The ACLU of Ohio urges the Boards of Elections to adopt
cohesive policies and enforcement mechanisms that will encourage — not
deter — citizen participation in our democracy.
|
news center
volunteer