America Observed

Why foreign election observers would rate the United States near the bottom

by Robert A. Pastor

The American Prospect magazine, January 2005

Few noticed, but in the year 2000, Mexico and the United States traded places. After nearly 4 two centuries of election fraud, Mexico's presidential election was praised universally by its political parties and international observers as free, fair, and professional. Four months later, after two centuries as a model democracy, the U.S. election was panned as an embarrassing fiasco, reeking with pregnant chads, purged registration lists, butterfly ballots, and a Supreme Court that preempted a recount.

Ashamed, the U.S. Congress in 2002 passed the Help America Vote Act (HAVA), our first federal legislation on election administration. But two years later, on November 2, more than 200,000 voters from all 50 states phoned the advocacy organization Common Cause with a plethora of complaints. The 2004 election was not as close as 2000, but it was no better and, in some ways, worse. This was partly because the only two elements of HAVA implemented for 2004 were provisional ballots and ID requirements, and both created more problems than they solved. HAVA focused more on eliminating punch-card machines than on the central cause of the electoral problem, dysfunctional decentralization. Instead of a single election for president, 13,000 counties and municipalities conduct elections with different ballots, standards, and machines. This accounts for most of the problems.

On the eve of November's election, only one-third of the electorate, according to a New York Times poll, said that they had a lot of confidence that their votes would be counted properly, and 29 percent said they were very or somewhat concerned that they would encounter problems at the polls. This explains why 13 members of Congress asked the United Nations to send election observers. The deep suspicion that each party's operatives had of the other's motives reminded me of Nicaragua's polarized election in 1990, and of other poor nations holding their first free elections.

RANKING AMERICA'S ELECTIONS

The pro-democracy group Freedom House counts 117 electoral democracies in the world as of 2004. Many are new and fragile. The U.S. government has poured more money into helping other countries become democracies than it has into its own election system. At least we've gotten our money's worth. By and large, elections are conducted better abroad than at home. Several teams of international observers-including one that I led-watched this U.S. election. Here is a summary of how the United States did in 10 different categories, and what we should do to raise our ranking.

1. Who's in Charge? Stalin is reported to have said that the secret to a successful election is not the voter but the vote counter. There are three models for administering elections. Canada, Spain, Afghanistan, and most emerging democracies have nonpartisan national election commissions. A second model is to have the political parties "share" responsibility. We use that model to supervise campaign finance (the Federal Election Commission), but that tends to lead either to stalemates or to collusions against the public's interest. The third, most primitive model is when the incumbent government puts itself in charge. Only 18 percent of the democracies do it this way, including the United States, which usually grants responsibility to a highly partisan secretary of state, like Katherine Harris (formerly) in Florida or Kenneth Blackwell in Ohio.

2. Registration and Identification of Voters. The United States registers about 55 percent .of its eligible voters, as compared with more than 95 percent in Canada and Mexico. To ensure the accuracy of its list, Mexico conducted 36 audits between 1994 and 2000. In contrast, the United States has thousands of separate lists, many of which are wildly inaccurate. Provisional ballots were needed only because the lists are so bad. Under HAVA, all states by 2006 must create computer-based, interactive statewide lists-a major step forward that will work only if everyone agrees not to move out of state. That is why most democracies, including most of Europe, have nationwide lists and ask voters to identify themselves. Oddly, few U.S. states require proof of citizenship-which is, after all, what the election is supposed to be about. If ID cards threaten democracy, why does almost every democracy except us require them, and why are their elections conducted better than ours?

3. Poll Workers and Sites. Dedicated people work at our polling stations often for 14 hours on election day. Polling sites are always overcrowded at the start of the day. McDonald's hires more workers for its lunchtime shifts, but a similar idea has not yet occurred to our election officials. Poll workers are exhausted by the time they begin the delicate task of counting the votes and making sure the total corresponds to the number who signed in, and, as a result, there are discrepancies. When I asked about the qualifications for selecting a poll worker, one county official told me, "We'll take anyone with a pulse." Mexico views the job as a civic responsibility like jury duty, and citizens are chosen randomly and trained. This encourages all citizens to learn and participate in the process.

4. Voting Technologies. Like any computers, electronic machines break down, and they lose votes. Canada does not have this problem because it uses paper ballots, still the most reliable technology. Brazil's electronic system has many safeguards and has gained the trust of its voters. If we use electronic machines, they need paper-verifiable ballots.

5. Uniform Standards for Ballots, Voting, Disputes. The Supreme Court called for equal protection of voters' rights, but to achieve this, standards need to be uniform. In America, each jurisdiction does it differently. Most countries don't have this problem because they have a single election commission and law to decide the validity of ballots.

6. Uncompetitive Districts. In 2004, only three incumbent members of Congress-outside of House Majority Leader Tom DeLay's gerrymandered state of Texas-were defeated. Even the Communist Party of China has difficulty winning as many elections. This is because state legislatures, using advanced computer technologies, can now draw district boundaries in a way that virtually guarantees safe seats. Canada has a nonpartisan system for drawing districts. This still favors incumbents, as 83 percent won in 2004, but that compares with 99 percent in the United States. Proportional representation systems are even more competitive.

7. Campaign Finance and Access to the Media. The United States spent little to conduct elections last November, but almost $4 billion to promote and defeat candidates. More than $1.6 billion was spent on Wars in 2004. The Institute for Democracy and Electoral Assistance in Stockholm reported that 63 percent of democracies provided free access to the media, thus eliminating one of the major reasons for raising money. Most limit campaign contributions, as the United States does, but one-fourth also limit campaign expenditures, which the Supreme Court feared would undermine our democracy. In fact, the opposite is closer to the truth: Political equality requires building barriers between money and the ballot box.

8. Civic Education. During the 1990s, the federal government spent $232 million on civic education abroad and none at home. As a result, 97 percent of South Africans said they had been affected by voter education. Only 6 percent of Americans, according to a Gallup Poll in 2000, knew the name of the speaker of the House, while 66 percent could identify the host of Who Wants to Be a Millionaire? Almost every country in the world does a better job educating citizens on how to vote.

9. The Franchise. The Electoral College was a progressive innovation in the 18th century; today, it's mainly dictatorships like communist China that use an indirect system to choose their highest leader.

10. International Observers. We demand that all new democracies grant unhindered access to polling sites for international observers, but only one of our 50 states (Missouri) does that. The Organization for Security and Cooperation in Europe, a 55-state organization of which the United States is a member, was invited by Secretary of State Cohn Powell to observe the U.S. elections, yet its representatives were permitted to visit only a few "designated sites." Any developing country that restricted observers to a few Potemkin polling sites as the United States did would be roundly condemned by the State Department and the world.

On all ten dimensions of election administration, the United States scores near the bottom of electoral democracies. There are three reasons for this. First, we have been sloppy and have not insisted that our voting machines be as free from error as our washing machines. We lack a simple procedure most democracies have: a log book at each precinct to register every problem encountered during the day and to allow observers to witness and verify complaints.

Second, we lack uniform standards, and that is because we have devolved authority to the lowest, poorest level of government. It's time for states to retrieve their authority from the counties, and it's time for Congress to insist on national standards.

Third, we have stopped asking what we can learn from our democratic friends, and we have not accepted the rules we impose on others. This has communicated arrogance abroad and left our institutions weak.

The results can be seen most clearly in our bizarre approach to Iraq's election. Washington, you may recall, tried to export the Iowa-caucus model though it violates the first principle of free elections, a secret ballot. An Iraqi ayatollah rejected that and also insisted on the importance of direct elections (meaning no Electoral College). Should we be surprised that the Iraqi Election Commission chose to visit Mexico instead of the United States to learn how to conduct elections?

Robert Pastor is director of the Center for Democracy and Election Management and a professor at American University. At the Carter Center from 1986-2000, he organized election-observation missions to about 30 countries, including the United States.

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