Bush should push election reforms
New federal standards are needed to protect the integrity of the American voting system

BY SPENCER OVERTON
Spencer Overton, a law professor at George Washington University, is author of the forthcoming book "The Ghost of Jim Crow: The Unfinished Struggle for Voting Rights in America."

November 8, 2004   Opinion in Newsday

The lesson of the 2004 election is that we still haven't fixed our democracy.

While our post-election limbo lasted less than a day because Ohio's vote tallies were "beyond the margin of litigation," we should not fool ourselves. We need federal standards that protect the right to vote in order to avoid three critical problems that plagued Election Day 2004.

First, we still lack uniformity and consistency. While federal law gives all Americans the right to cast a provisional ballot, such a vote cast in the wrong precinct will be counted in about half of the states but not the others. Within a single state like Ohio, nebulous standards allow partisan election boards in one county to reject a provisional ballot that could be counted in another county.

Former criminal offenders who have served their time can vote in Colorado and Minnesota, but not in Florida and Virginia. Even after our experience in 2000 with hanging chads, about 32 million voters still live in counties that use outdated punch- card machines. In short, your right to vote and the ability to have it counted continue to depend on where you live.

Second, the discretion afforded local politicians allows them to manipulate registration requirements, ballot-counting procedures, and other laws to benefit themselves and their parties. As evidenced by Republican congressional gains in Texas, both parties gerrymander electoral districts to either advance their party's power or create "safe" districts for incumbents. Rather than promoting uniform enforcement, "poll monitor" laws in Michigan and other states allowed Republicans to target heavily Democratic African-American precincts to challenge voter qualifications. Even when officials act in good faith, their decisions have less credibility because of the suspicion of partisanship.

Third, many states and localities provide inadequate staffing, training and other resources for elections. Some voters in Florida did not receive their absentee ballots on time, and the day before the election Milwaukee officials announced they had not entered 15,000 to 20,000 new registrations into voter databases. In violation of federal law, some Pennsylvania and Maryland poll workers denied voters the right to cast a provisional ballot. Voters in Florida and Ohio waited more than four hours to vote in lines that snaked into parking lots and around buildings. The watchdog group Common Cause received almost 200,000 calls from frustrated voters across the nation reporting these hurdles and others.

We should take these issues seriously. Voting is the primary tool citizens use to check politicians. Dismissive attitudes about these lingering problems only fuel resentment in our already polarized nation. Further, shortcomings at home undermine our credibility to promote democracy in Afghanistan, Iraq and elsewhere.

In fulfilling his post-election promise to heal partisan divisions, President George W. Bush should take three steps toward securing the rights of voters:

Fix the Help America Vote Act: We need to adopt inclusive, uniform standards for election administration, including but not limited to the counting of provisional ballots. Congress should also allocate the almost $4 billion that the law provides for better election machines and other reforms. Anti-fraud provisions should be narrowly tailored so they don't discourage or prevent legitimate voters from casting a ballot.

Renew the Voting Rights Act: In 2007, critical provisions of the Voting Rights Act expire that allow federal observers to monitor elections, require bilingual election materials and reduce the ability of incumbent politicians to erect barriers to voter participation. While the law can be improved to make it more effective, politicians' covert attempts to win by manipulating election rules will only grow worse if we allow these critical provisions to expire.

Create redistricting commissions: Many western democracies have nonpartisan election administration. As long as we remain committed to electoral districts, we should establish redistricting commissions to draw competitive districts that give voters a real choice. Commissions should be either nonpartisan or structured to check partisan interests, and should ensure districts don't dilute minority voting strength. If politicians hesitate to act, voters should use state ballot initiatives to create commissions themselves.

Our country demands professionalism and consistency in fighting terrorism and in pursuit of other national priorities, and democracy deserves no less.

Granted, Democrats who believe voting barriers disproportionately burden voters of color and facilitate Republican victories may be skeptical about positive change in the next four years. But President Bush - who is known for taking bold steps - should surprise his critics by pushing for inclusive reforms that secure the rights of all voters.