{"title":"Review of The Politics of Voter Suppression","authors":"RushMark","doi":"10.1089/ELJ.2015.0297","DOIUrl":"https://doi.org/10.1089/ELJ.2015.0297","url":null,"abstract":"","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2015.0297","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60997246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In the rational choice calculus of voting, p represents the probability that an individual vote will have an instrumental effect on the outcome of an election. The well-known paradox of turnout arises from the fact that a single vote has virtually no chance of being pivotal in any large election, even when the race is extremely close. This article criticizes the conventional interpretation of p, suggesting an arguably more plausible and normatively superior alternative to pivotal voting theory. The theory of efficacious set causation, based on the work of Richard Tuck, provides an instrumentally rational justification for individuals to participate in large elections, thus resolving the long-standing paradox of turnout. The article analyzes Tuck's theory and elaborates upon it, offering a formal model of how this novel interpretation of p could be calculated in actual elections. Highlighting how institutions of election law and administration reflect basic conceptions of democratic theory, the ar...
{"title":"Reinterpreting p: A New Theory of How Individual Votes Contribute to Electoral Outcomes","authors":"S. PoupkoEliezer","doi":"10.1089/elj.2014.0263","DOIUrl":"https://doi.org/10.1089/elj.2014.0263","url":null,"abstract":"Abstract In the rational choice calculus of voting, p represents the probability that an individual vote will have an instrumental effect on the outcome of an election. The well-known paradox of turnout arises from the fact that a single vote has virtually no chance of being pivotal in any large election, even when the race is extremely close. This article criticizes the conventional interpretation of p, suggesting an arguably more plausible and normatively superior alternative to pivotal voting theory. The theory of efficacious set causation, based on the work of Richard Tuck, provides an instrumentally rational justification for individuals to participate in large elections, thus resolving the long-standing paradox of turnout. The article analyzes Tuck's theory and elaborates upon it, offering a formal model of how this novel interpretation of p could be calculated in actual elections. Highlighting how institutions of election law and administration reflect basic conceptions of democratic theory, the ar...","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/elj.2014.0263","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60996499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article offers a philosophical justification for the criminalization of voting as another person (impersonation or, in English law, personation) in public elections by arguing that it involves wrongdoing in the form of anti-democratic behavior and that the failure to criminalize it will harm the public good of electoral integrity. With regard to harm, the article argues that the failure to criminalize impersonation will eventually result in widespread impersonation, such widespread impersonation undermining electoral integrity, itself instrumental to a number of public goods reflecting the democratic character of any given polity. Finally, the article completes the case for criminalization by arguing that, in any given jurisdiction, it may be neither effective nor desirable for the entire burden of preventing impersonation to fall onto the civil law, with the result that the criminalization of impersonation can serve a useful complementary role to the civil law in maintaining electoral integ...
{"title":"In Defense of Democracy: The Criminalization of Impersonation","authors":"SlaterJames, Wattbob","doi":"10.1089/ELJ.2015.0307","DOIUrl":"https://doi.org/10.1089/ELJ.2015.0307","url":null,"abstract":"Abstract This article offers a philosophical justification for the criminalization of voting as another person (impersonation or, in English law, personation) in public elections by arguing that it involves wrongdoing in the form of anti-democratic behavior and that the failure to criminalize it will harm the public good of electoral integrity. With regard to harm, the article argues that the failure to criminalize impersonation will eventually result in widespread impersonation, such widespread impersonation undermining electoral integrity, itself instrumental to a number of public goods reflecting the democratic character of any given polity. Finally, the article completes the case for criminalization by arguing that, in any given jurisdiction, it may be neither effective nor desirable for the entire burden of preventing impersonation to fall onto the civil law, with the result that the criminalization of impersonation can serve a useful complementary role to the civil law in maintaining electoral integ...","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2015.0307","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60997461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Research on absentee and early voting laws has led many scholars to conclude that these convenience voting methods do little to boost turnout. But most of this work has evaluated these methods well after their implementation and without consideration for how information campaigns about them might alter voter behavior. Voter mobilization research shows that impersonal communications produce little-to-no effect on turnout. But we know much less about how mobilization might influence changes in the method of voting. Using a field experiment during the 2010 midterm primary and general elections in Maryland, we demonstrate that e-mail messages with concise subject lines that appeal to relevant reference groups combined with an easy-to-use electronic absentee ballot delivery system, increase the likelihood that overseas voters will use a new technology when they participate in elections. Our findings have scholarly and practical implications for election reform, campaign communications, and voter mobil...
{"title":"The Impact of E-mail on the Use of New Convenience Voting Methods and Turnout by Overseas Voters: A Field Experiment to Address Their Challenges with New Technology","authors":"HanmerMichael, S. HerrnsonPaul, SmithClaire","doi":"10.1089/ELJ.2014.0266","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0266","url":null,"abstract":"Abstract Research on absentee and early voting laws has led many scholars to conclude that these convenience voting methods do little to boost turnout. But most of this work has evaluated these methods well after their implementation and without consideration for how information campaigns about them might alter voter behavior. Voter mobilization research shows that impersonal communications produce little-to-no effect on turnout. But we know much less about how mobilization might influence changes in the method of voting. Using a field experiment during the 2010 midterm primary and general elections in Maryland, we demonstrate that e-mail messages with concise subject lines that appeal to relevant reference groups combined with an easy-to-use electronic absentee ballot delivery system, increase the likelihood that overseas voters will use a new technology when they participate in elections. Our findings have scholarly and practical implications for election reform, campaign communications, and voter mobil...","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0266","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60996221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In both 2008 and 2012, about one-third of U.S. voters cast their ballots before Election Day. Reformers have argued that early voting lowers participation costs and should therefore increase turnout. Recent research, however, has reported that no positive relationship exists. The literature widely omits consideration of important differences in early voting implementation within states. I break from past research and measure early voting availability at the county level, where it often varies considerably. I rely on Election Assistance Commission data on the number of early voting sites available in 2008 and 2012. Specifically, I measure the effect of a county's early voting site density on turnout. My model controls for other known participation predictors, including lagged turnout, demographics, political variables, and voter identification requirements. Ultimately, I find that early voting site density has a significant and positive effect on voter turnout.
{"title":"Early Voting: Do More Sites Lead to Higher Turnout?","authors":"B. FullmerElliott","doi":"10.1089/ELJ.2014.0259","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0259","url":null,"abstract":"Abstract In both 2008 and 2012, about one-third of U.S. voters cast their ballots before Election Day. Reformers have argued that early voting lowers participation costs and should therefore increase turnout. Recent research, however, has reported that no positive relationship exists. The literature widely omits consideration of important differences in early voting implementation within states. I break from past research and measure early voting availability at the county level, where it often varies considerably. I rely on Election Assistance Commission data on the number of early voting sites available in 2008 and 2012. Specifically, I measure the effect of a county's early voting site density on turnout. My model controls for other known participation predictors, including lagged turnout, demographics, political variables, and voter identification requirements. Ultimately, I find that early voting site density has a significant and positive effect on voter turnout.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0259","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60996001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Following the outbreak of severe violence over the 2007 vote results, the success of Kenya's democratic transition was riding on the quality of the March 2013 general election. The 2007–2008 violence prompted wide-ranging reform of the political system, electoral institutions in particular. This article examines the quality of the election, relying on a new methodology—the Election Administration System Index (EASI). Utilizing an expert-based survey, EASI allows a quantitative evaluation of the Kenya vote and broadly serves to advance a process of measuring election administration for comparative study. This examination finds that election administration was weakest in the preparatory period leading up to Election Day, generally fair during the vote, and then problematic afterwards with respect to vote tallying.
{"title":"Measuring the Quality of Kenya's March 2013 Election","authors":"Gary A. Bland","doi":"10.1089/ELJ.2014.0248","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0248","url":null,"abstract":"Abstract Following the outbreak of severe violence over the 2007 vote results, the success of Kenya's democratic transition was riding on the quality of the March 2013 general election. The 2007–2008 violence prompted wide-ranging reform of the political system, electoral institutions in particular. This article examines the quality of the election, relying on a new methodology—the Election Administration System Index (EASI). Utilizing an expert-based survey, EASI allows a quantitative evaluation of the Kenya vote and broadly serves to advance a process of measuring election administration for comparative study. This examination finds that election administration was weakest in the preparatory period leading up to Election Day, generally fair during the vote, and then problematic afterwards with respect to vote tallying.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0248","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60995888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
BoudreauCheryl, S. ElmendorfChristopher, A. MacKenzieScott
Abstract Many legal scholars and political practitioners advocate using election law to increase voters' access to political information, either by providing such information directly on ballots or in ballot pamphlets. To date, however, little empirical evidence exists to guide policymakers and judges charged with weighing the benefits of such legal interventions against any costs they might impose. We address this gap by conducting survey experiments to examine three types of political information that legal interventions can make available or withhold: political party endorsements, endorsements from prominent public officials, and a nonpartisan voter guide describing candidates' policy positions. Our results provide evidence that such legal interventions can yield tangible benefits—namely, helping voters choose candidates whose policy views are similar to their own.
{"title":"Informing Electorates via Election Law: An Experimental Study of Partisan Endorsements and Nonpartisan Voter Guides in Local Elections","authors":"BoudreauCheryl, S. ElmendorfChristopher, A. MacKenzieScott","doi":"10.1089/ELJ.2013.0238","DOIUrl":"https://doi.org/10.1089/ELJ.2013.0238","url":null,"abstract":"Abstract Many legal scholars and political practitioners advocate using election law to increase voters' access to political information, either by providing such information directly on ballots or in ballot pamphlets. To date, however, little empirical evidence exists to guide policymakers and judges charged with weighing the benefits of such legal interventions against any costs they might impose. We address this gap by conducting survey experiments to examine three types of political information that legal interventions can make available or withhold: political party endorsements, endorsements from prominent public officials, and a nonpartisan voter guide describing candidates' policy positions. Our results provide evidence that such legal interventions can yield tangible benefits—namely, helping voters choose candidates whose policy views are similar to their own.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2013.0238","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60995231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The wide variation in state election laws poses serious obstacles to voting for overseas and military citizens. While issues with delivering an unmarked ballot remain, the principal problem is how best to return a marked ballot from overseas and military voters to local election officials in sufficient time to be counted. The Presidential Commission on Election Administration recommended that states distribute ballots and registration materials to overseas citizens and military personnel via specially designed and easily navigated websites. Despite the lack of guaranteed electronic security, the peculiar needs of citizens living overseas and military personnel raises the prospect of using the Internet for communication and document delivery.
{"title":"Voting by Overseas Citizens and Military Personnel","authors":"S. InbodyDonald","doi":"10.1089/ELJ.2014.0272","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0272","url":null,"abstract":"Abstract The wide variation in state election laws poses serious obstacles to voting for overseas and military citizens. While issues with delivering an unmarked ballot remain, the principal problem is how best to return a marked ballot from overseas and military voters to local election officials in sufficient time to be counted. The Presidential Commission on Election Administration recommended that states distribute ballots and registration materials to overseas citizens and military personnel via specially designed and easily navigated websites. Despite the lack of guaranteed electronic security, the peculiar needs of citizens living overseas and military personnel raises the prospect of using the Internet for communication and document delivery.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0272","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60996830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Citizens with disabilities are less likely to vote than their non-disabled peers, and are more likely to experience difficulties when they do vote. This article reviews the evidence on voter turnout and voting difficulties among people with disabilities, finding that nearly one-third of voters with disabilities who voted in a polling place in 2012 experienced difficulties in doing so. We summarize best practices for removing voting obstacles, including measures to increase polling place accessibility, train election officials in disability issues, educate people with disabilities about the voting process, and increase the availability of no-excuse mail ballots. Given the size and expected growth of the disability population, such measures are needed to make the voting process more fully accessible and ensure that all American citizens can exercise the right to vote.
{"title":"Accessible Democracy: Reducing Voting Obstacles for People with Disabilities","authors":"Lisa A. Schur, Meera Adya, Mason Ameri","doi":"10.1089/ELJ.2014.0269","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0269","url":null,"abstract":"Abstract Citizens with disabilities are less likely to vote than their non-disabled peers, and are more likely to experience difficulties when they do vote. This article reviews the evidence on voter turnout and voting difficulties among people with disabilities, finding that nearly one-third of voters with disabilities who voted in a polling place in 2012 experienced difficulties in doing so. We summarize best practices for removing voting obstacles, including measures to increase polling place accessibility, train election officials in disability issues, educate people with disabilities about the voting process, and increase the availability of no-excuse mail ballots. Given the size and expected growth of the disability population, such measures are needed to make the voting process more fully accessible and ensure that all American citizens can exercise the right to vote.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0269","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60996260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Successful election administration depends on an army of poll workers who are responsible for front line interaction with voters at the polling place. Despite their important role in elections, we know surprisingly little about how recruitment and training of poll workers translates into performance. We review research on poll workers and present descriptive information about poll worker characteristics, recruitment, training, and evaluation. We suggest that widespread concern about the quantity of poll workers has distracted from examining the quality of poll workers. More systematic evaluation is necessary to understand how various inputs affect poll worker performance.
{"title":"The Quantities and Qualities of Poll Workers","authors":"C. BurdenBarry, MilyoJeffrey","doi":"10.1089/ELJ.2014.0277","DOIUrl":"https://doi.org/10.1089/ELJ.2014.0277","url":null,"abstract":"Abstract Successful election administration depends on an army of poll workers who are responsible for front line interaction with voters at the polling place. Despite their important role in elections, we know surprisingly little about how recruitment and training of poll workers translates into performance. We review research on poll workers and present descriptive information about poll worker characteristics, recruitment, training, and evaluation. We suggest that widespread concern about the quantity of poll workers has distracted from examining the quality of poll workers. More systematic evaluation is necessary to understand how various inputs affect poll worker performance.","PeriodicalId":45644,"journal":{"name":"Election Law Journal","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2015-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1089/ELJ.2014.0277","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60997014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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