AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
August 2001
RESOLVED, that the American Bar Association adopts the Election Administration Guidelines, dated August 2001, and recommends that all election officials ensure the integrity of the election process through the adoption, use, and enforcement of these Guidelines.
FURTHER RESOLVED, that the American Bar Association urges that federal, state, local and territorial governments engage in the study of election administration, in order to improve and modernize voting procedures and the administration of elections, and that such study be appropriately funded.
ELECTION ADMINISTRATION GUIDELINES AND COMMENTARY
August 2001
1.0 Voter Education, Rights and Responsibilities
1.1 Voter Rights and Responsibilities
1.2 Voter Education Programs
1.3 Provision of Sample Ballots and Voting Instructions
2.0 Voter Registration
2.1 Lists
2.2 Registration Procedure
2.3 Voter Verification
2.4 Notice of Suspension
2.5 Reinstatement
2.6 Cancellation
2.7 Prior Registration
3.0 Absentee Voting
3.1 Absentee Voting Procedures
3.2 Counting Absentee Ballots
4.0 Alternative Voting Methods
5.0 Election Day
5.1 Election Day Officials
5.2 Training
5.3 Compensation
5.4 Poll Watchers
5.5 Observation by Poll Watchers
5.6 Provisional Ballot
5.7 Challenged Ballot
5.8 Voting Assistance
5.9 Polling Hours
6.0 Voter Verification
7.0 Ballots
7.1 Ballot Design
7.2 Ballot Machinery
7.3 Pre-Vote Checking
7.4 Observers
7.5 Ballot Collection and Count
7.6 Computerized Vote Counting
7.7 Ballot Audit
7.8 Physical Security of Ballots and Voting Equipment
7.9 Availability of Election Day Remedies
8.0 Recounts
8.1 Availability of Recounts
8.2 Methods of Recounts
9.0 Challenges
10.0 Election Administration
11.0 Penalties and Notices
12.0 Bar Associations
13.0 Definitions
13.1 Ballot
13.2 Challenge
13.3 Challenged Ballot
13.4 Election Authority
13.5 Election Day Official
13.6 Election Official
13.7 Jurisdiction
13.8 Poll Watcher
13.9 Provisional Ballot
13.10 Recount
1.0 Voter Education, Rights and Responsibilities
1.1 Voter Rights and Responsibilities
State and local election authorities and civic and political organizations should ensure that voters are informed of their rights and responsibilities in participating in the electoral process through dissemination of information prior to election day and at polling places on election day.
At a minimum, voters should be informed that they have the following rights and responsibilities.
a. The Right to:
1. Inspect a sample ballot
2. Ask a poll worker for demonstration or further instruction of the voting mechanism
3. Receive voting assistance at the polls
4. Ask, if your state permits, to cast a provisional ballot if your registration is challenged
5. Request a replacement ballot if you make a mistake or if your ballot is damaged
6. Vote if you are in line by the time the polls close
7. Vote for the candidate or issue of your choice on the ballotb. The Responsibility to:1. Know your local voter registration requirements and register to vote
2. Notify the registrar of any change of address or circumstance that might affect your registration status
3. Know the rules and options for absentee ballots and early voting
4. Know the hours and location of your polling place
5. Know if any identification is required and bring it to the polls
6. Ask for help if you need it
7. Vote
Voter education programs should be created to teach all citizens that voting is a responsibility as well as a right of citizenship. State and local election officials, working with schools, civic and political organizations, should have primary responsibility for creating and implementing these programs. Such programs should include instruction on voter registration, maintenance of registration, operation of the particular voting mechanism in that locality, and information on when and where to vote, including the options of early and absentee voting.
1.3 Provision of Sample Ballots and Voting Instructions
a. In each jurisdiction the local election authority should send a sample ballot and voting instructions to each registered voter within a reasonable period of time before the election.
b. Sample ballots and voting instructions should be made available at places easily accessible to the general public. Copies should also be made available to civic organizations for dissemination.
c. Sample ballots and voting instructions should be visibly posted at each polling place.
2.0 Voter Registration
2.1 Lists
State and local election authorities should maintain a current and accurate roll of registered voters, including a centralized list maintained by the state government and readily accessible to all election officials at each polling place. States should authorize and encourage the use of modern technologies for this purpose. The public should have broad access to voter registration lists, with appropriate limitations for privacy and security concerns.
2.2 Registration Procedure
a. Voter registration applications should require the signature of the applicant. Alternative methods of verification should be used with respect to those unable to sign their name.
b. Each election authority should take the following steps to encourage and increase voter registration: improve and simplify state and local voter registration procedures; support voter registration by mail; authorize and support voter registration efforts by civic and political organizations, including allowing such organizations to distribute and return to election officials voter registration applications and materials; provide for same-day voter registration or in as near a proximity as practical to an election day; explore new technology; extend the hours and time frame for voter registration; provide additional registration facilities at locations that are easily accessible and open during convenient times to the public; and increase voter registration through state and local agencies that have direct contact with the public.
2.3 Voter Verification
Current and correct registration lists of eligible voters should be maintained by the election authority through periodic and on-going voter verification programs.
a. Upon receipt of a registration, the election authority should mail to the voter a non-forwardable, return postage guaranteed mail notice verifying that the registration has been filed and requesting the voter to correct any errors.
b. Election officials should issue registration cards to each registered voter. The card should advise the voter that registration is complete and provide the name and location of the polling place and contact information for the local election authority. Voters should not be required to present their voter registration card at the polling place as a prerequisite to voting but the card may be used by the voter as an acceptable means of identification at the polls, if necessary.
c. A voter whose mail from the election authority is returned as undeliverable as addressed should have his or her registration suspended only if the voter has not voted or appeared to vote in an election for the last two general elections for Federal office, that occur after the returned notice.
d. A minimum on-going verification program should seek to identify unqualified voters from: death lists; transfer of address records at the post office; reports of building demolitions; residential public utility user changes; and, any other official source that reliably identifies a registered voter who is no longer residing at the address from which registered.
e. Whenever an election authority receives reliable information that a voter has moved or died, a non-forwardable return postage guaranteed mail verification notice should be sent to the voter at the address at which he is registered and if returned undeliverable as addressed, the registration should be suspended.
2.4 Notice of Suspension
If a voter's registration is suspended, a notice, with forwarding instructions to the post office, should be sent to the address of registration. The notice should advise the voter of the suspension, state the reason for the suspension, and list the steps the voter can take to remedy that suspension. A postage prepaid postcard pre-addressed to the election authority should be included with the notice. It may be used by the voter to reinstate the registration at the same address if an error was made or to request a transfer of address if the voter has moved to a new address within the jurisdiction. A voter who has not moved may appear at the office of the election jurisdiction to have the registration reinstated or may return the postcard and the registration will be reinstated; if the voter has moved to a location outside the election jurisdiction, the voter should register in the new jurisdiction.
2.5 Reinstatement
A voter who has not been reinstated under Section 2.4 and who has not moved to a new address should be given an opportunity to be reinstated at the polling place on election day by attesting, in writing, that the voter does reside and has resided since the day of registration at the address of registration or currently resides at another address within the same voting jurisdiction.
2.6 Cancellation
A voter's suspended registration should be maintained for two years from the date of suspension. If the voter is not reinstated during that period, then the registration should be cancelled.
2.7 Prior Registration
Applications for voter registration should request the last address at which the voter was registered. Upon recording the new registration the election authority should cancel the prior registration if within the same jurisdiction. If outside the jurisdiction, the election authority should notify the prior jurisdiction that the voter has registered as a voter in the new jurisdiction so the prior registration may be cancelled. States should work cooperatively to achieve this goal.
3.0 Absentee Voting
3.1 Absentee Voting Procedures
a. Absentee voting procedures and instruction materials should be as simple as possible for those authorized to vote absentee. Absentee ballots should be distributed early enough to accommodate the deadline for return of the ballot.
b. Each election authority should authorize and support requests for an absentee ballot or early voting application by civic and political organizations, including allowing such organizations to distribute and return the applications to election officials.
c. Signature comparisons between the registration application, ballot requests and returned ballot should be required by the election authority. The approving clerk should indicate that the signature has been checked.
d. Lists of absentee ballots issued by the election authority should be available to the public prior to the elections and to the precinct officials by election day. A voter who has requested an absentee ballot may vote in person on election day, through a provisional ballot instead, if the voter subscribes in writing that that person did not return an absentee ballot to the election jurisdiction.
e. The return envelope should indicate whether the voter had assistance and, if so, the assisting party should be required to certify in writing that no coercion or influence was involved and that the ballot was cast secretly.f. As a standard practice, election authorities should require that absentee ballots be received by the close of polling hours in order to be counted.
Poll watchers should be permitted to observe the counting of absentee ballots and be empowered to challenge individual absentee ballots. Challenged ballots should remain segregated until the validity of the challenge is determined.
4.0 Alternative Voting Methods
As innovations in voting and emerging technology create opportunities for improved voter participation and voting systems, election officials should periodically review and upgrade voting procedures and equipment as necessary.
5.0 Election Day
5.1 Election Day Officials
a. Election day officials should be representative of diverse political parties. The official responsible for appointing election day personnel should solicit recommendations of civic and political organizations for the appointment of election day officials.
b. Election day officials should conduct themselves impartially in the execution of their election responsibilities.
5.2 Training
All states should provide election day officials with formal training. Provisions also should be made to provide formal training for poll watchers as well.
5.3 Compensation
Election day officials should be adequately compensated. Extra compensation should be provided for the time actually spent in training.
5.4 Poll Watchers
Qualified political parties and candidates should be authorized to designate poll watchers at each polling place and central counting station. The numbers of poll watchers at each location should be limited to avoid undue crowding. Parties or candidates designating poll watchers should certify in writing that each designee has been instructed as to the responsibilities of the position. Poll watchers should not be limited to those who reside in the precinct or election jurisdiction.
5.5 Observation by Poll Watchers
Poll watchers should be permitted to observe all official acts and records used at the polling places, to challenge unqualified voters, and to challenge improper voting practices. Poll watchers should present all objections and challenges directly to the election day officials, and should not confront or harass voters. Methods should be developed to minimize the disruption and delay of challenge procedures. Election day officials should keep a record of all challenges by poll watchers, including the names of the challenging poll watchers. States and the federal government should ensure that voters are not challenged in contravention of the Civil Rights Act and Voting Rights Act.
5.6 Provisional Ballot
In situations where voter registration is in dispute, a voter has applied for an absentee ballot and then seeks to vote at the polling place, or a voter has been denied the opportunity to vote by an election official on the grounds of any other ineligibility, the voter should be allowed to vote with a provisional ballot. The provisional ballots should be segregated and secured until a determination of validity is made. Where mechanical or electronic voting machines are used, an alternative method for segregating the provisional ballots should be established. Election officials should provide assurance that eligibility issues will be dealt with promptly and that voters will be notified of the disposition of the ballot in question.
5.7 Challenged Ballot
Challenged ballots should be counted and segregated and marked as such for purposes of appeal. Where mechanical or electronic voting machines are used, an alternative method for segregating the challenged ballots should be established. Election officials should provide assurance that eligibility issues will be dealt with promptly and that voters will be notified of the disposition of the ballot in question.
5.8 Voting Assistance
a. Any voter who requires assistance to vote for reason of disability or due to an inability to read or write should be given assistance by a person of the voter's choice.
b. All voting places should be accessible. Any disabled or elderly voter assigned to an inaccessible polling place, should, upon advance notice by the voter, be assigned to an accessible polling place or provided alternative means of casting a ballot.
c. Voting materials should be provided, by States or political subdivisions, in the language of the applicable minority language groups residing in voting precincts where a substantial share of the voting age population speak languages other than English.
Jurisdictions should ensure that:
a. Polling hours are sufficiently extensive to allow all registered voters an opportunity to vote at a time convenient to their work schedules.
b. Adequate polling equipment, locations, and personnel are provided in order to ensure that all registered voters are able to go through the voting process with minimal delay.
c. Registered voters who are in line by the time the polls close are allowed to vote.
6.0 Voter Verification
States should take necessary steps to ensure that the voter is the person registered to vote.
a. In jurisdictions where a signature is required voters unable to sign because of disability or illiteracy should be verified by other reliable means, such as a registered voter in the same precinct signing a verification on the individual's behalf or by producing acceptable identification of the voter.
b. In jurisdictions where some sort of voter identification is required, states should require the presentation of only one piece of identification. A variety of forms of identification should be accepted in order to meet this requirement. In the event that the voter is unable to produce a piece of identification, then the voter should be allowed to sign an affidavit of identity.
7.0 Ballots
7.1 Ballot Design
a. Simplicity of Ballot
Ballots should be designed to be as simple and clear as possible in order to avoid voter confusion. Ballot designs that have been shown to have a high error rate should be eliminated.b. Uniform Ballot Design
Jurisdictions should strive to present a uniform ballot design to the electorate. For each voting mechanism used the ballot design for that mechanism should be the same throughout the jurisdiction.c. Testing and Publication of Ballots
The ballots should be tested for usability by the appropriate election authority and made available for public inspection prior to approval of the ballots.d. Approval of Ballots
The ballot designs should be approved by the state election officer.e. Translation Issues
In jurisdictions where a significant percentage of the voting population is non-English speaking, translated ballots and assistance should be provided, as necessary, during the voting process.
7.2 Ballot Machinery
States should strive to provide a single voting mechanism throughout the state.
a. Voting machinery should identify an invalid vote or a non-vote prior to the voter's final submission of the ballot. If the voting system is technologically unable to do that, the system should have a ballot design that allows the voter to see the actual votes cast.
b. Election officials should eliminate voting mechanisms that have been shown to have a high error rate (e.g., undervote, overvote).
c. States and the federal government should provide appropriate funding to upgrade voting machinery and personnel to assist voters in understanding such machinery.
d. Voting machinery should be appropriately maintained and tested for accuracy prior to an election.
e. States should be encouraged to adopt and apply appropriate voluntary minimum standards for voting machinery and software.
7.3 Pre-Vote Checking
a. Precinct election day officials should certify that ballot receptacles are empty prior to voting.
b. Precinct election day officials should certify that all mechanical and electronic vote counters are set at "0" prior to voting.
c. All vote counting equipment should be certified as to its accuracy in counting and reporting votes cast for all offices, candidates and issues.
7.4 Observers
a. Observers should be allowed to observe all official tests and certifications.
b. Poll watchers should be permitted to observe ballot counts and canvass of vote at the polling place or central counting location.
c. The vote count should be publicly posted at the place of counting for at least 24 hours after the count is completed. A permanent record must be maintained
7.5 Ballot Collection and Count
a. Paper ballots should be placed in the ballot box in the presence of the election day official.
b. The number of voters applying for ballots and the number of ballots cast should be recorded before counting the votes.
7.6 Computerized Vote Counting
a. Blank ballots and test decks should be available to qualified observers who should be allowed to run accuracy tests. Verification of the computer accuracy of vote counting should be allowed before and after the official count.
b. Where contract programmers are employed, they should be required to certify under oath to the accuracy of the program they have written or are operating. The election authority should certify the accuracy of any vote counting program both before and after the election.
c. Where a computer counting error is discovered, a complete report should be given to the public, political parties and candidates.
d. A random sample manual recount of the computer count should be a part of the canvass of votes cast.
7.7 Ballot Audit
A system of ballot audit for each polling place should be established. The audit should account for all ballots or punch cards issued, the number of spoiled ballots, the number of ballots counted, and the number of ballots returned unused. Entries should be recorded in the poll book to account for spoiled ballots or voting machine failures. All voted ballots, unused ballots, spoiled ballots and poll books should be returned to the election authority under seal with a copy of the results for canvass.
7.8 Physical Security of Ballots and Voting Equipment
Election officials should ensure ballot security. In particular, voting equipment, ballots, and other election materials should be kept secured during the counting process and until the time for contesting the election has passed.
7.9 Availability of Election Day Remedies
Courts of competent jurisdiction and review should sit on election day to handle expedited actions relating to election day activities.
8.0 Recounts
8.1 Availability of Recounts
a. States should establish a threshold for a mandatory recount based on statistically sound data that would likely affect the outcome of the election. States should permit a defeated candidate to request that a recount be suspended.
b. Candidates not meeting the threshold for a mandatory recount should be allowed to request a recount within a certain period of time after election results are announced. Such candidates should bear the cost of funding the recount, unless the result is changed.
c. State statutes should make clear the circumstances under which candidates may request a recount and, at a minimum, should explain the timing, form of filing, venue and procedural steps required for the request and recount.
8.2 Methods of Recounts
a. States should permit sufficient time to complete the recount. In setting the time frame, consideration should be given to the total number of votes to be counted, the method in which the votes were cast, and the manner in which the recount will be conducted.
b. States should establish uniform recount standards for each separate voting technology.
c. States should mandate that, generally, recounts should be performed for the entire jurisdiction affected by the race. If a recount is ordered as a remedy to an election challenge, then only those jurisdictions named in the order must participate in the recount.
d. States should permit each candidate affected by the recount to have observers present throughout the entire process.
e. States should specify the circumstances that would warrant a manual recount.
9.0 Challenges
State statutes should make clear under what circumstances candidates may challenge an election result. At a minimum, the language should contain reference to the timing, form of filing, venue, procedural steps, and available remedies.
10.0 Election Administration
a. Members of canvassing commissions should be prohibited from being active in partisan political activity in any particular election in which they may be called upon to exercise their duties as a member of such an entity.
b. Any officials supervising or certifying elections, recounts or challenges should not be involved in any particular election in which they may be called upon to exercise their duties.
11.0 Penalties and Notices
a. Appropriate sanctions should be established and enforced for violations of voter registration, balloting, and election procedures.
b. Election officials should post notice of the penalties for violation of election laws and procedures at all polling places. Such notice should be placed on all voter registration forms, applications for ballot, and absentee ballots and envelopes. The notices should be coordinated for uniformity within the state.
c. All election officials, deputies, employees (including contract employees) should be advised as to the penalties that exist for violating election rules, laws and procedures and should subscribe in writing under oath to perform their duties.
12.0 Bar Associations
a. Bar Associations should assign qualified attorneys on a voluntary basis to assist in development of local programs to ensure the integrity of the electoral process.
b. Bar Associations should encourage attorneys to serve as election day officials.
13.0 Definitions
13.1 Ballot
A presentation by paper or other method (e.g., touch screen) that lists the candidates or issues to be voted on in an election.
13.2 Challenge
A motion made in dispute of the certified election results on the basis of alleged irregularities during the voting process.
13.3 Challenged Ballot
A voted ballot which is questioned by a poll watcher on the basis of an improper voting practice on the part of the voter.
13.4 Election Authority
A clerk or a Board of Elections appointed and charged with the duty of conducting elections.
13.5 Election Day Official
A person appointed by election officials and assigned election day duties.
13.6 Election Official
A person assigned any official duty or function in the electoral process.
13.7 Jurisdiction
A political boundary of precincts which encompasses the entire scope of an election (e.g., the entire state for an election for the U.S. Senate, the district for an election for the U.S. House of Representatives).
13.8 Poll Watcher
An observer of all official actions and records at the polling place and challenger of unqualified voters and improper voting practices at the polling place.
13.9 Provisional Ballot
A voted ballot that is kept segregated and sealed and not counted until a voter's qualifications to vote have been determined. If the voter is determined qualified, the ballot is unsealed and counted on Canvas day.
13.10 Recount
A process to verify the vote count in an election. A recount is ordered prior to the certification of election results.
Commentary to Election Administration Guidelines
Commentary - 1.0 Voter Education
It is every citizen's civic responsibility and right to vote for the candidate or issue of their choice. State and local election officials have an obligation to make sure that all voters are informed of their rights and responsibilities as voters. Voter education should encompass all aspects of the voting process, including voter registration; all methods available for voting; time, location and deadlines for registration and voting; and a basic understanding of the rights and responsibilities associated with voting.
The provision of voter education need not be limited to election officials. Schools, civic and political organizations should also be involved the process. Voter education drives could be held in conjunction with voter registration and get out the vote drives. Additionally, a voter's rights and responsibilities card could be distributed during the registration process, at get out the vote drives and polling places. Although specific rights and responsibilities may vary slightly by jurisdiction, the American Bar Association believes that, a minimum, voters should be informed of the basic rights and responsibilities outlined in Section 1.1 of these Guidelines.
Commentary - 2.0 Voter Registration
Available modern technologies permit rapid addition, deletion, or cancellation of names from voter registration lists. Copies of the registration lists should be available to the public at reasonable or no cost, depending on the format of the list. The cost, if any, should be sufficient to cover reproduction and should not be used to discourage availability. Certainly the Internet age allows for many cost-efficient methods that can be used to make such lists available to the public. These methods must be balanced, however, against legitimate privacy and security concerns of registered voters and must be limited to non-commercial usage.
As more steps are being taken to increase voter registration, there must be an increasing responsibility of local election officials to verify the identification of people registering to vote. Verification of the legitimacy of the registrant is necessary to protect the integrity of the election system. There are numerous suggested methods of verifying registration including requiring the applicant to sign at registration. Difficulties in verification procedures arise partly because of mail registration, the desire to maintain the privacy of the individual seeking registration and costs. Additional problems occur when voters, either because of social circumstance, illiteracy or disability, do not possess a photo identification or are unable to sign and whose registration must be authenticated by others. In such instances, alternative verification procedures should be devised. States should not create an overly onerous verification process. States may prefer one form of identification over another, but should be understanding of circumstances which may not allow a particular voter to conform with the preferred method. For instance, if a state requires a photo identification and a voter does not possess one, there should be an opportunity to produce two forms of non-photo identification, if those are not available, then a voter should have an opportunity to sign a document attesting to his or her identity. There is a legitimate interest in verifying the identification of voters, but the process should not be one of repeated verification, which could be interpreted as a form of intimidation or harassment.
Election authorities should actively seek access to all public records such as death certificates, driver's license information, and postal data to validate the registration rolls. They should also consider the use of new technologies to ensure the integrity of the registration lists. If there is a discrepancy with an individual's registration, election officials should flag and investigate the registration and require supplemental evidence of residence from that individual. If an election authority contracts with an outside vendor to verify the eligibility of registered voters, standards and safeguards must be adopted to ensure the reliability of such information.
These guidelines do not take the position that registration should be a required procedure. It is recognized that some jurisdictions have not found a need for registration or may adopt an enrollment system in the future.
Commentary - 3.0 Absentee Voting
Absentee voting is an important method of assuring that registered voters, who are unable to go to the polls on election day, are able to exercise their right to vote. This process must be secure and as uncomplicated as possible. States and localities must ensure that applications for absentee voting and ballots are distributed as early as possible, so as not to unduly burden the right of those entitled to vote in that manner.
The nature of absentee voting requires a stringent standard of ballot integrity. Under no circumstances should a third party handle a ballot. Third parties, such as political or civic organizations, may be involved in the absentee voting process to the extent that they facilitate requests for ballots. Localities upon receipt of the absentee application must mail the ballot directly to the registered voter and the completed ballots must be returned by the registered voter.
There must also be consideration given to military and overseas voters whose return of the ballot may be complicated by circumstances beyond their control, such as reliance on foreign mail service. Methods that might be considered to expedite the return of ballots include, but are not limited to, internet voting and a reduction in the time of transmittal of ballots back to the locality administering the election. Specifically, the Department of Defense should examine ways to facilitate the prompt return of ballots cast by service members.
Commentary - 4.0 Alternative Voting Methods
Alternative voting methods which serve to increase citizen access and participation should be supported provided that issues of technology and funding can be adequately addressed. Authorities should also take care to assure that voting procedures and systems are reliable and do not increase opportunities for voter fraud. We recognize that efforts are already being undertaken in this area, such as early voting, mail voting, telephone voting, and Internet voting and would encourage further study and testing of these and other such innovations.
Commentary - 5.0 Election Day
Election day encompasses the merging of different individuals and machines with often differing roles. Voters, election officials and election observers each play a different role in the election although they all share the same goal: ensuring and participating in an election that allows each registered voter to vote in an environment that is secure and free from intimidation and harassment.
The processes involved with election day should be a seamless as possible. Training should be provided to election day officials and poll watchers in order to facilitate their understanding of their appropriate role and duties at the polling place. States and localities must provide adequate polling hours, equipment and personnel as a necessary component of any election. Specifically, jurisdictions, with a history of excessive delay in the voting process, should provide additional equipment and personnel in order to better facilitate the process.
Another important aspect of an election is the security of the ballots being cast. Poll watchers are tasked with the important role of challenging unqualified voter and improper voting practices. This role is an integral part of ensuring the integrity of the polling place, but most importantly these duties must carried out in a manner that is consistent with the Voting Rights Act and the Civil Rights Act. In no instance should selective challenges and minority voter intimidation be allowed to occur.
Commentary - 6.0 Voter Verification
To prevent multiple voting and voting by those not qualified to do so, methods should be devised to verify that the person voting is the same person registered. One method is to obtain the voter's signature at the voting place. Other methods must also be developed so that the right of the disabled and the illiterate to vote will not be abridged. Election officials should develop procedures to minimize disruption at the polls created by verification and challenge procedures and to reduce the delay, intimidation and adverse impact such procedures may have on others waiting to vote. The maintenance of a centralized list of registered voters within a state that is broadly accessible by the public would improve the process. For example, voters would know if they were properly registered prior to appearing at the polling place and if a voter appears at the improper polling place the voter could be directed to the proper polling location. (See 2.1 of the Guidelines)
Some states have begun to provide a voter registration card, which should be able to be used as a method of voter verification, although a voter should not be required to present the card in order to vote. Other methods of verifying the identity of the voter at the polls may be considered as well. (See 2.3 of the Guidelines and Paragraph 2, of Commentary - 2.0 Voter Registration)
Commentary - 7.0 Ballots
Like election day, there are many components that make up the ballot that will be cast, such as the actual design of the ballot, individual ballot machinery, and the counting of the ballots. The successful integration of these components should result in a polling place where a voter casts a ballot with certainty as to the candidates or issues for which the voter intended to vote.
One important method of minimizing voter confusion is the development of uniform voting mechanisms, both ballots and machinery, within a jurisdiction. Standards should be developed to provide a sense of uniformity, and thus less confusion, within the voting system. The Federal Election Commission and various other entities have developed and continue to update voting system standards that should be adopted by the states. At a minimum, an adequate number or poll workers must be available to provide assistance regarding voting machinery. States and localities must provide adequate funding to improve voting machinery and personnel at the polls. Certainly there must be careful consideration of potential confusion on the part of the voter with respect to designing the ballot. For instance, punchcards should be generally discouraged and ballots should be designed to ensure that all candidates running for the same office are included on the same page. States should also consider adopting a single voting mechanism in order to avoid confusion. The selection of voting mechanism should be made with an eye toward changes and improvements in technology.
Voter education is another key element to a successful ballot. Voters must receive assistance in operating voting machinery if necessary and voters must also be informed that they are not required to vote for all issues or all candidates on the ballots.
In situations that require a judicial review on election day, the reviewing body must be adequately prepared to deal with such matters.
Commentary - 8.0 Recounts
Recounts are ordered prior to the certification of election results. The "trigger" that determines the threshold for establishing a mandatory recount should be based on whether or not a recount would likely affect the outcome of the election. Examples of situations which could trigger a recount include, but are not limited to an election where more than ten percent (10%) of the vote was not counted, different results are found during the auditing process, or the difference between the votes cast for each candidate is one half (1/2) of one percentage point or less than the total number of votes cast. A recount of the entire jurisdiction should not be required if the candidate requesting the recount or on whose behalf a recount agrees to limit the recount to selected precincts.
Commentary - 9.0 Challenges
Challenges are made post-election. A challenge is made to the certified election results on the basis of alleged irregularities during the voting process. States and localities must establish clear and uniform standards within the jurisdiction regarding challenges.
Commentary - 10.0 Election Administration
In order to protect the integrity of the electoral process, there must be no appearance of bias on the part of those involved in the administration of elections. Any election official who will be involved in an election dispute or recount must avoid any apparent conflict of interest.
State wide standards should be established that clearly delineate the forms of partisan activity, if any, in which election administration officials may participate. If an official is unsure of whether or not a particular activity is permitted under the standards of the state, that official should consult the appropriate governing body.
Commentary - 11.0 Penalties and Notices
The vigorous enforcement of election laws is necessary to ensure the efficacy of any voting system. Prosecution, even in isolated cases, is necessary to create an environment in which norms of election conduct are established and to guarantee civil liberties.
Commentary - 12.0 Bar Associations
The American Bar Association has long been on record in urging all lawyers to register and vote and that all lawyers should encourage and assist employees in their offices and firms to participate in the electoral process by registering and voting in federal, state, local, and territorial elections. These Guidelines seek to take that commitment a step further and encourages state, local and territorial bar associations to assist in the development of programs that will ensure the integrity of the electoral process. Lawyers understand the need for due process and equal protection as a part of the electoral process and thus are well suited to serve as election day officials.
