Is election reform brewing in the Buckeye State? In an
extensive and well-argued editorial the Columbus Dispatch made the case for the
integration of key state government databases into a statewide electronic voter
registration system under the control of the secretary of state�s office, as
proposed in pending legislation.
Ohio�s voter registration databases are in disarray. In the
2008 presidential election, many voters found their right to vote challenged in
Ohio because of discrepancies in state and federal databases. For example,
under Social Security I am listed as Robert John Fitrakis, but on my driver�s
license it�s Robert J. Fitrakis. On the voting rolls I�m Robert Fitrakis. If
the states would integrate their databases and establish a single form for
voter registration, bizarre challenges over middle initials and names may
become a thing of the past.
But privately controlled non-transparent electronic voter
registration systems pose a great threat to democracy. Each county keeps its
own records; a few have told the Free Press they don�t know how to use the
secretary of state�s data system. Many counties have outsourced their voting
rolls to private vendors using secret proprietary software -- the same vendors
who also own electronic voting machines suspected of manipulating election
results.
Ohio purged more than 1,250,000 voters between the 2004-2008
elections. Many of these voters lost their ability to vote because of
electronic poll books using proprietary software and hardware provided or
controlled by private companies with questionable loyalties. Ohio Secretary of
State Jennifer Brunner�s Everest study of voting machine security indicated
that while the hardware and software connected with electronic voting is
vulnerable to hacking, there is virtually no security in place to protect the
electronic poll books that contain the registration lists.
In 2004, nearly 10,000 Cleveland area voters learned this
the hard way when a Diebold electronic poll book had a supposed �glitch� and
purged them from the rolls just prior to Election Day, preventing them from
voting.
The Dispatch�s logic on several vital points is impressive,
although certain safeguards against any centralized database manipulation must
be in place. The specter of former Ohio Secretary of State J. Kenneth Blackwell
still haunts Ohio elections.
It is worthwhile to take the Dispatch editorial point by
point. The capital city�s daily monopoly begins with an obvious criticism:
�Ohio�s county boards of elections spend more time and money shuffling paper
around in an outmoded voter registration system than on anything else.� Citing
the example of Maricopa County in Arizona, they note that online registration
costs are 3 cents per registrant, compared with 82 cents for those registering
on paper. The cost saving comes from pushing a button at the Bureau of Motor
Vehicles and sending the exact same data to the secretary of state�s office and
the county boards of elections versus filling a registration form out on paper,
mailing it to both of those entities and having it keyed in.
A key point not mentioned by the Dispatch in this process is
that every eligible citizen that registers to vote should be given a copy of
that registration by the BMV or, say, the Ohio Dept. of Job and Family
Services, which can be used as proof of registration if there�s any dispute
when casting a vote.
Paper trails and receipts are a necessity in guaranteeing
voting rights. Systems must be in place to assure that central database
activity initiated by the secretary of state must be transparent to the public,
and should never be controlled or manipulated by private companies using
proprietary software.
The Dispatch editorial was driven by an issue near and dear
to the Free Press editorial staff -- the unacceptable high numbers of Ohioans
who were forced to cast provisional ballots in the last two presidential
elections. These back-of-the-bus Jim Crow ballots, as the Free Press has
documented repeatedly, are primarily cast by minorities and the inner-city
poor.
As the Free Press reported following the 2004 election, �An
earlier analysis in the Free Press of the 155,428 unofficial provisional
ballots recorded at the secretary of state�s website found that a clear
majority, 85,096, came from the 15 counties Kerry won.�
Free
Press article
Election Summt
article
2008 Election
Report
What the Dispatch editorial fails to note is that a shocking
10 percent of all Ohio voters on Election Day 2008 were forced to vote
provisionally. Provisional voters reached record numbers in 2008 with Ohio
reporting 193,000 provisionals cast on Election Day. Election observers noted
up to 20 percent provisional ballots cast in some inner city precincts. Free
Press research documented that in comparable battleground states like Missouri
and Virginia, very few voters were forced to vote provisional ballots -- only
.02 percent (7,000 voters) and 01 percent (4,500 voters) respectively. Ohio�s
numbers are so staggeringly high in contrast, they should be challenged under
the U.S. Constitution�s equal protection clause.
The Dispatch comes down firmly on the side of Ohio public
agencies asking Ohioans if they want to register to vote or update their voter
registration data. �Democratic Secretary of State Jennifer Brunner; Franklin
County�s Republican deputy elections director Matt Damschroder, and the Brennan
Center for Justice in New York all agree that any Ohio election-reform law
should require workers at BMV and Job and Family Services offices to ask
clients whether they want to register to vote or have their registration
updated . . . ,� the Dispatch wrote.
But why stop there? Every public college and university in
the state should be required to do the same thing. Last time I checked all the
public higher education institutions had computer systems capable of
transmitting data. Better yet, all of the public high schools in Ohio should be
required by law to ask their students if they want to register to vote on their
18th birthday and transmit that data to the secretary of state�s office as well
as their local board of elections.
Ideally, the solution should be for the state of Ohio, and
all states for that matter, to assert an affirmative duty to register all
citizens automatically to vote when they are 18 years old. The right to vote
should never be taken away from a citizen because a private company controls
the poll books or because a partisan political party challenges someone�s
identity based on minor discrepancies in a public database.
Bob
Fitrakis was an election protection attorney and attended the 2008 Ohio
Election Summit. He is the author of �As Goes Ohio� and other election books
available at freepress.org,
where this article originally appeared.