Is Virginia Prepared for Election Day '08?

More than a quarter-million new voters may mean long lines in Virginia, especially for localities that continue to use touchscreen voting machines.

The State Board of Elections released figures that show an increase of over 30% in the number of registered voters statewide, a figure that is certain to grow before the registration period ends on October 6. Many localities are still scrambling to line up a sufficient number of election officers to handle an election-day turnout that could reach record levels.

Getting voters checked in can be the biggest bottleneck at precincts without enough election officers. The procedure takes time and requires care, so the only way to make it go faster is to split the pollbook into two or more sections by alphabet. Each additional section, however, requires two additional officers.

Once voters are checked in, they may still face lines to cast their ballots, particularly if their locality uses only touchscreen machines. If some of these machines malfunction (as often happens), the back-up plan becomes a critical factor.

A law passed in 2007 prohibits localities from purchasing new direct record electronic voting machines, known as DREs. The law is intended to begin a transition to paper ballots read by optical scanning machines, in those jurisdictions that were not already using them. Paper ballots provide a voter-verifiable paper trail and can be used for audits and election recounts.

Several large jurisdictions in the state that had been using DREs, including the counties of Fairfax and Arlington and the City of Charlottesville, recently purchased optical scanning machines to use this year. Although voters will be using the devices for the first time, the process is simple enough that voters are not expected to require more time to cast ballots than in previous years. Moreover, paper ballots allow many more voters to vote at the same time, rather than having to wait in line to use a DRE. Each precinct will continue to have at least one DRE, however, to serve voters with disabilities.

The paper ballots require the voter to fill in a "bubble" next to the name of the selected candidate for each race. The voter then feeds the paper into the scanning machine, which records the vote. The paper ballot is retained in case a recount is required. Should an optical scanning machine fail at any time, voters have the option of putting their paper ballots into a lock box for election officials to scan later, or voting on the DRE.

Unfortunately not all localities have made the change to paper. Prince William County, for example, declined to purchase optical scanning machines, and intends to use only the DREs it already had in inventory. The county’s growing population would have made this a risky choice even in the absence of this year’s record number of new registrations. Under the best of circumstances, voters there are very likely to see long lines regardless of the number of election officials. Should any of the DREs fail, the county’s back-up plans will determine whether the result is merely a long and difficult day, or a complete fiasco.

The Virginia election code permits localities to use paper ballots in the event of machine failures. Unfortunately it does not specify how many official paper ballots a precinct must have on hand, and the procedure to authorize and make copies if the precinct runs out is cumbersome and could further delay voting. The State Board of Elections (SBE) has so far declined to issue guidance specifying how many official paper ballots should be at each precinct.

Given the seriousness of the situation, it would be wise for the SBE to issue such guidance, and to specify a minimum number of paper ballots equal to 25 percent of the registered voters in each precinct. Printing costs are minimal compared to the possible risk of disenfranchising a significant number of voters.

Moreover, the SBE should clarify under what conditions the paper ballots may be used. The statute requires that a machine be inoperable and no replacement available, but it does not require that all such machines be inoperable. Unfortunately, recent guidance from the board muddies the water on this issue. But since the code requires one machine per 750 registered voters, the better reading is that when a machine failure causes the ratio to fall below that number, voting equipment should be considered "unavailable", and official paper ballots must be provided.

Certainly, jurisdictions that continue to use DREs exclusively and that are already close to the legal limit should plan to have plenty of official paper ballots on hand. Better yet, they would do well to acquire optical scan machines for their most populous precincts, freeing up DREs to supplement the numbers at other locations. And all jurisdictions should streamline the process for making copies of the official paper ballots by delegating this authority to the secretary of their local board, as the SBE suggests.

For voters in any jurisdiction, but especially in those that continue to use DREs, the best way to avoid lines is to cast an absentee ballot if at all possible. Not all voters qualify, however. Virginia law requires voters to attest to one of a list of acceptable excuses in order to vote absentee. The House of Delegates has repeatedly declined to pass legislation, backed by voter-rights groups including New Era and the League of Women Voters, waiving the excuse requirement for those voters who show up in person to cast an absentee ballot before Election Day.

Nonetheless, a number of registrars are interpreting excuse requirements more liberally this year, in a way that will benefit commuters and the elderly in particular. Fairfax County, for example, is expressly encouraging people who work in Maryland or the District to vote absentee because they will be “absent from the county on business.” In addition, the county’s definition of “disabled” now appears to extend to the elderly and anyone who has difficulty walking, or even standing in line.

If enough voters take advantage of the absentee voting provisions, those who must vote on Election Day will have an easier time of it. They can further improve their chances of speeding the process for themselves and others by voting in the afternoon, rather than during busy morning hours, and by familiarizing themselves ahead of time with the races and questions on the ballot and the operation of the voting equipment.

For more information, contact Ivy Main, Policy Director of New Era for Virginia, at ivy.main@neweraforva.org or 703.448.7618.