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General News    H3'ed 11/7/11

15,000 Voters Left Off 2008 Voter List In Shelby Co. Tennessee

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BUT CAN'T THEY JUST VOTE PROVISIONAL?

Saying "they can always vote provisional" is like saying "false arrest is okay because you can always prove you are innocent." The right to vote with a provisional ballot does not substitute for getting all valid voters onto the rolls in time; being left off the voter list puts voters on unequal footing, and when these omissions disproportionately affect specific voting groups, you can end up with unfair elections.

SOLUTIONS:

1. SUBMIT VOTER REGISTRATION FORMS WITHIN 48 HOURS

Regardless of what the law says, ethics and duty to the voter say voter forms should be submitted to the elections office within 48 hours.

We hear heartfelt stories of people just trying to do good works, like the teacher in Florida who failed to abide by Florida's law requiring 48-hour submission of voter registration forms. The 48-hour submission law provides important protections for voting rights, though the fines in states with these laws are a little over the top. States requiring 48-hour submission definitely need one more thing: They need to print the 48-hour submission requirement on the voter form itself.

Even if your state does not require 48-hour submission, real advocates for voting rights will push hard towards education and quality control to get those forms in immediately. Voters depend on timely submission of these forms for their right to vote.

THINK OF IT LIKE TIMELY DEPOSIT OF CHECKS

If your employer gives you a stack of checks to take to the bank, you shouldn't drive around with them in the back seat of your car for two weeks. You have a fiduciary duty to promptly deposit the checks, before they can get lost, torn, fly out the window on a windy day, or fall on the floor to get hidden under the seat.

Voter registration groups have a fiduciary-type duty to the voter, who rightfully believes that he is registered to vote after filling out his voter registration card and giving it to a supposedly responsible person. Let's not fight for the right to be slipshod with someone else's voting rights. Instead. I am hoping that all groups involved in voter registration will see the need to protect their voter's rights with prompt, responsible, 48-hour submission of new registrations.

2. MAKE IT A FIRING OFFENSE TO FAIL TO DISCLOSE IMPORTANT PROBLEMS

States like Tennessee oversee their elections administrators with an election commission. This is a good quality control measure (but doesn't replace public oversight). Active election commissions like that in Shelby County function like a board of directors, with election employees answerable to the commission.

Too many times, we see election officials fail to disclose known problems likely to adversely affect voters. The late data entry for 15,199 voters in Shelby County should have been disclosed to the commission and to the public.

Most states don't have active bipartisan election commissions. The public has to rely solely on a couple of administrators to tell the full truth about what's going on, and fearing for their jobs, they often choose to cover up rather than disclose. In such cases, citizen groups need to be especially assertive and obtain accounting for essential functions.

3. ADD A FIELD TO VOTER DATABASES, AND PROVIDE DATABASES UPON REQUEST

I am not a fan of adding more reports to already busy election administration tasks. One way to improve quality control would be to require a daily statistical report on voter registration status. But that's a lot of extra paperwork for everyone. Instead, a streamlined method would be to add "date received" and "date entered" fields to the voter registration database.

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Bev Harris is executive director of Black Box Voting, Inc. an advocacy group committed to restoring citizen oversight to elections.
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