Omar Bennett
The United States Constitution guarantees the right of citizens to have their votes properly counted and tabulated. However, the country has faced criticism for failing to enforce basic and necessary election protections, such as those employed by other developed nations. While the US Constitution does not explicitly mention paper ballots, some states use them as a voting method, alongside electronic devices. Paper ballots are considered more reliable than electronic voting, which has been marred by software errors, hardware defects, and security concerns.
| Characteristics | Values |
|---|---|
| Paper ballots mentioned in the US Constitution | No explicit mention found |
| Voting methods in the US | Vary from state to state, including electronic devices and paper ballots |
| Electoral College | A "deliberative" intermediate institution used to choose the president |
| Secret ballots | Required by law, with provisions for challenged ballots and mail-in voting |
| Voter-verifiable paper records | Recommended by the White House to prevent fraud or mistakes |
| Ballot marking devices (BMDs) | Used by all voters in some locations, provide a human-readable paper ballot |
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What You'll Learn
Paper ballots vs electronic voting
Paper ballots are not explicitly mentioned in the US Constitution. However, the Constitution does outline the importance of free, fair, and honest elections, emphasising the need for accurate vote counting and tabulation to determine the rightful winner.
The debate surrounding paper ballots versus electronic voting centres on several key considerations. Firstly, paper ballots offer a tangible, verifiable record of votes, which can be manually recounted if needed. This feature enhances transparency and public trust in the election process, as demonstrated in countries like Germany and Canada, which mandate the use of paper ballots counted in public by local officials. This approach significantly reduces disputes and ensures election integrity.
On the other hand, electronic voting systems, such as Direct Recording Electronic (DRE) machines, have been increasingly adopted since the 1970s. These systems offer convenience and efficiency, allowing voters to make selections via touch screens, dials, or buttons, with votes stored electronically. However, a significant drawback is the vulnerability to fraud, hacking, and cyber-attacks. The use of wireless communication, mobile connections, and the internet to transmit vote totals creates pathways for potential tampering by cybercriminals.
Proponents of electronic voting argue that certain systems, like Ballot-marking Devices (BMDs), provide a human-readable paper ballot, ensuring a verifiable record of votes. Additionally, electronic systems can improve accessibility for voters with disabilities. Nevertheless, critics emphasise the importance of a voter-verifiable paper trail to prevent fraud or mistakes, as mandated by the Election Assistance Commission. This dual approach combines the benefits of electronic voting with the security and auditability of paper ballots.
In conclusion, while electronic voting systems offer convenience and accessibility, concerns about cyber-attacks and the potential for fraud have led to a renewed emphasis on paper ballots. Paper ballots provide a tangible, verifiable record of votes, enhancing transparency and public trust. As a result, many jurisdictions are now adopting a hybrid approach, utilising electronic systems that produce a paper record, to ensure secure and accurate elections.
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The role of the Election Assistance Commission
The Election Assistance Commission (EAC) is an independent agency of the United States government. It was created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet HAVA requirements, such as adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment.
The EAC is also responsible for creating and maintaining the Voluntary Voting System Guidelines, which are a set of specifications and requirements against which voting systems can be tested and certified. The EAC operates a testing and certification program that tests and certifies election hardware and software. A list of certified voting systems/equipment that have been accredited by the EAC is made publicly available. The EAC also assists states and local jurisdictions in post-certification activities, including systems verification.
The Commission further develops and maintains a national mail voter registration form, as required by the National Voter Registration Act of 1993 (NVRA). It reports to Congress every two years on the effect of the NVRA and publishes the Election Administration and Voting Survey, a biennial study examining how states administer federal elections.
The EAC also plays a role in promoting election integrity. For instance, it was ordered to initiate appropriate action to amend the Voluntary Voting System Guidelines 2.0 and issue other appropriate guidance establishing standards for voting systems to protect election integrity. The amended guidelines and other guidance stated that voting systems should not use a ballot in which a vote is contained within a barcode or quick-response code in the vote-counting process, except to accommodate individuals with disabilities. They also provided that voting systems should produce a voter-verifiable paper record to prevent fraud or mistake.
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The US Constitution and the Electoral College
The US Constitution does not specify the use of paper ballots. However, it does outline the process of electing the President, which involves the Electoral College.
The Electoral College is a process established by the Founding Fathers in the US Constitution. It is a method of electing the President that serves as a compromise between a vote in Congress and a popular vote of qualified citizens. The College consists of 538 electors, with each state having the same number of electors as it does Members in its Congressional delegation. This includes one for each Member in the House of Representatives plus two Senators. The District of Columbia is treated like a state for this purpose and is allocated 3 electors.
The process of the Electoral College involves the selection of electors, who then meet and vote for the President and Vice President. The electors are chosen by the voters in each state, and they generally belong to the political party of the candidate running for President in that state. The electors then meet in their respective states to cast their ballots, and their votes are counted by Congress. A majority of 270 electoral votes are required to elect the President.
The Electoral College system has been a source of recurring political controversy and has undergone significant constitutional, legislative, and political changes over time. One criticism of the system is that it does not accurately represent the popular vote, as the winner-take-all method used by most states can result in the candidate with the most popular votes nationwide losing the election. Additionally, the original two-vote feature of the Electoral College, where electors cast ballots for two candidates with the second-place finisher becoming vice-president, led to a political crisis in 1800 when Thomas Jefferson and his running mate, Aaron Burr, tied.
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The secret ballot
The US Constitution does not explicitly mention paper ballots. However, the right of American citizens to have their votes properly counted and tabulated is a fundamental aspect of maintaining the constitutional Republic. Federal law establishes uniform election procedures, including the requirement that state governments safeguard elections in compliance with laws protecting voting rights and preventing fraud, discrimination, and other forms of malfeasance.
> the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice [...] cast in such a manner that the person expressing such choice cannot be identified with the choice expressed.
Secrecy can be ensured through the use of voting machines or, in the case of paper ballots, by providing voting booths, partitions, or other physical arrangements that allow voters privacy when marking their ballots. The ballot must not contain any markings that could identify the voter upon examination. Mail-in ballots pose particular challenges to maintaining secrecy, and special measures must be taken to protect voter privacy.
In addition to secrecy, the integrity of paper ballots is crucial. Hand-marked paper ballots provide a clear record of voter intent, but they are not without issues. For instance, the use of correction fluid and tape can lead to changes being made to ballots after voting has taken place. Scanners used to count ballots may also introduce errors, as seen in the 2016 Maryland election, where a comparison of two scanning systems revealed several discrepancies, including the system's failure to detect certain marks and the misinterpretation of paper folds as written votes.
To address these concerns, some states have implemented Ballot-marking Devices (BMDs), which present an electronic ballot to voters, allowing them to make their selections electronically and producing a human-readable paper ballot. While BMDs were initially used primarily to accommodate voters with disabilities, they are now used by all voters in certain locations.
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Paper ballots and voter fraud
While paper ballots are not explicitly mentioned in the US Constitution, the Constitution does empower State governments to safeguard American elections in compliance with Federal laws that protect Americans' voting rights and guard against dilution by illegal voting, discrimination, fraud, and other forms of malfeasance and error.
The US Constitution does not outline a specific voting method, but the use of paper ballots is a topic of discussion when it comes to election integrity and voter fraud. Paper ballots are one of the voting methods used in the United States, with others including electronic devices such as ballot-marking devices and systems (BMDs) and direct-recording electronic (DRE) systems. BMDs present a ballot electronically and produce a human-readable paper ballot, while DRE systems use computers to record votes directly into the computer's memory.
The argument for paper ballots is strengthened by the fact that countries like Germany and Canada, which require the use of paper ballots counted in public by local officials, have fewer disputes compared to the varied voting methods in the United States. Paper ballots are also seen as a way to prevent fraud or mistakes, as they provide a voter-verifiable paper record, allowing voters to check their votes. This is particularly important in maintaining accurate voter registration lists and protecting voters from having their ballots voided or diluted by fraudulent votes.
However, the use of paper ballots is not without its challenges. There have been concerns about the security of paper ballots, as evidenced by the discovery of a criminal algorithm in the Wisconsin Election Commission's (WEC) voter registration database, which indicated unauthorized access and manipulation of voter files. This incident highlights the need for secure voter registration databases and the investigation of potential election fraud.
In conclusion, while paper ballots are not specifically mentioned in the US Constitution, the Constitution emphasizes the importance of fair and honest elections, and paper ballots are seen by some as a way to reduce fraud and disputes, providing a verifiable record of votes cast. However, the security of paper ballots and voter registration databases remains a critical area of focus to ensure the integrity of elections.
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Frequently asked questions
No, the US Constitution does not mention paper ballots. However, it does outline the importance of free, fair, and honest elections, and the need to protect American citizens' voting rights.
Paper ballots are physical documents that voters mark with their choices. They are designed to be filled out in private, with provisions such as voting booths or partitions to ensure secrecy.
Yes, paper ballots are one of the methods used for voting in the United States. The types of voting equipment vary from state to state, with some using electronic devices and others using paper ballots. Paper ballots can be scanned and counted either at the polling place or a central location.
