Elections Reform Task Force

The States Tackle Election Reform

Database of election bills | NCSL's Elections page

The troubled 2000 Florida elections shone a light on an elections system that in many states was outdated and under-funded, and as a result, election reform was a major focus in many states in 2001 and 2002. Many states seized the opportunity and made major improvements to their election systems and procedures. Voters around the country reaped the rewards of their election administrators' and legislatures' careful attention and hard work in the 2002 election. With Congress's passage of the "Help America Vote Act" in late 2002, it is certain that states will continue to refine the election procedures.

Here's a snapshot of what states have accomplished over the last two years:

	2001 Bills	2002 Bills	TOTAL
Introduced	2,088	1,555	3,643
Passed into Law	321	171	492
Still pending*	0	205*	205*

* Final bill status is not available for New York.

Highlights
Voting is now simpler and more accurate in many states, thanks to new equipment for casting and counting votes. And better voter education programs will ensure that voters understand where, when and how to register and vote. Recount procedures have been cleaned up, as have voter registration systems and absentee voting procedures. Election officials, including poll workers, will be better trained and better paid. All in all, the management of elections has changed dramatically since November 2000. For a detailed listing of states with new laws in the following areas, see the table on page three.

Voting Systems
At least 15 states will buy new voting equipment before the 2002 or 2004 general elections. Combined, the 15 have so far appropriated more than $236 million dollars for the purchase of new optical scan and touch screen voting systems. Some of these states, such as Rhode Island, are counting on receiving federal funds in order to purchase new equipment. Rhode Island's law will be automatically repealed in 2004 if federal funds are not received. Seven other states passed new requirements for voting system standards and testing, and six banned the much-maligned punch card machines.

Accessibility for Disabled and Elderly Voters
Sixteen states passed laws addressing polling place accessibility, mandating that new voting systems be accessible and provide a way for visually impaired voters to cast a secret vote, or otherwise making the voting process more accessible to elderly and disabled voters.

Poll Workers
Finding enough people to staff poll sites and providing adequate poll worker training with limited county and local resources has long been a problem for election administrators. In the past two years, 25 states have passed new laws mandating training for poll workers. They've also made other changes that make the job more attractive, which in turn makes recruitment easier, such as increasing poll worker salaries, removing partisanship requirements, allowing high school students to work the polls, and allowing two poll workers to split the sometimes 16-hour work day.

Voter Intent
At least 14 states have tightened their procedures for counting votes. This includes specifying how to count ballots with the infamous hanging, dimpled or pregnant chad, and how to interpret stray marks on the ballot. This is widely regarded as one of the most important areas for improvement in the administration of elections. Many experts believe that a state that lacks clear and uniform guidelines for counting votes risks running afoul of the Equal Protection clause of the U.S. Constitution. Going into the 2000 elections, just over half the states had laws or rules specifying these procedures.

Recounts
At least sixteen states have cleaned up recount procedures, defining deadlines, specifying duties of counting boards, and creating a threshold for an automatic recount in the case of a very close race.

Voter Registration
States continue to struggle with the difficulties of keeping voter registration rolls accurate and up-to-date under the restrictions imposed by the 1993 National Voter Registration Act. However, some are exploring innovative ways of keeping track of voters. Seventeen states have enacted new laws improving communication between registrars of voters and coroners, corrections departments, and motor vehicle offices. Many experts believe that the only effective way to keep voter registration rolls accurate and current is through the use of a statewide, computerized database. Prior to the November 2000 elections, only 10 states had a unified database shared by state and local governments. Another 27 had less accessible versions of a statewide database. Just 10 had no database at all. That number will decrease to six soon, as new databases come online in Indiana, Mississippi, Oregon and Pennsylvania. And the number of states with a unified database available to state and local officials will increase to 16 as Florida, Illinois, Maryland, Rhode Island, South Dakota and Washington make major improvements to existing systems. Nebraska will study the costs and issues associated with implementing a statewide database over the 2002 interim.

Provisional Ballots
What happens when someone shows up at the polls but isn't on the voter registration rolls? In November 2000, many states already had a procedure for issuing a provisional ballot and later verifying the voter's eligibility. Over the past two years, another 11 states have created a new procedure for provisional ballots, or improved an existing procedure. Michigan also passed a bill allowing for provisional voting, but voters rejected that bill in a popular referendum in November 2002, and it will not take effect.

Absentee Voting Procedures
A whopping 33 states have cleaned up their absentee voting procedures since November 2000. Four states removed required excuses for absentee voting and opened it up for any and all voters who want to vote absentee. Others made it easier for elderly and disabled voters to qualify for permanent absentee voter status, and still others clarified deadlines and procedures. Fourteen states made it easier for overseas citizens and military personnel to cast their votes via mail.

Voter Education
Traditionally a duty and expense shouldered by counties and localities, voter education has gotten some state support over the last year and a half. The basics of voter education include providing information on when, where and how to register and vote, and expanded voter education programs may include information about candidates and issues on the ballot. Twenty states have passed legislation on the issue since November 2000, including new laws that mandate the publication of basic when-where-how information, and also the production and mailing of sample ballots and voter information pamphlets.

Florida
Florida seized the national spotlight again in May 2001, but this time the reason for the attention was a resounding election success story instead of November 2000's election controversy. The legislature passed, and Governor Bush signed, a sweeping election reform bill that addresses everything from voting machines and ballot design to voter education and poll worker recruitment and training. To read a detailed summary of the Florida election reform bill, see www.ncsl.org/programs/legismgt/elect/taskfc/flbill.htm.

Task Forces and Study Commissions
Given the complexity and high cost of many proposed election reforms, many states have taken a pragmatic first step in deciding to study the issue in-depth before taking issue. No fewer than 13 national task forces, including NCSL's, have made recommendations on election reform. In addition to the 15 states where legislatures formed a task force or special committee, at least 26 states had a secretary of state's task force that made a report and recommendations during the last two years. Many of the legislative task forces and committees are still working.

Issue	States that enacted new laws in 2001 and 2002
New Voting Equipment	Arizona, California, Florida, Georgia, Idaho, Indiana, Kentucky, Maryland, Michigan, Minnesota, Missouri, Rhode Island, South Dakota, Utah, West Virginia
Voting Equipment Standards & Procedures	Georgia, Idaho, New Mexico, Pennsylvania, Texas, Utah, Vermont
Ban on Punch Cards	Florida, Indiana, Iowa, North Carolina, Texas, Wisconsin
Registration - New or improved centralized voter database	Colorado, Florida, Indiana, Kansas, Mississippi, Oregon, Pennsylvania, Rhode Island, South Dakota, Washington
Registration - Improved list maintenance and purging procedures	Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Virginia, Washington
Voter Intent	Arkansas*, California, Florida, Mississippi, Missouri*, Nevada, North Carolina, Ohio, Pennsylvania, South Dakota, Tennessee, Virginia, Washington*, Wyoming
Recount Procedures	Arkansas, California, Colorado, Florida, Iowa, Kansas, Nevada, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming
Absentee Voting Procedures	Alaska, Arkansas, California, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia
Provisional Ballots	Colorado, Florida, Indiana, Maryland, Missouri, Nebraska, Utah, Vermont, Virginia, Wyoming

Issue	States that enacted new laws in 2001 and 2002
Poll Workers - Increased pay, training, and/or recruitment	Alabama, Arkansas, Colorado, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, West Virginia, Wisconsin
Polling Place and Voting Machine Accessibility for Elderly/Disabled Voters	Alaska, Arizona, California, Georgia, Indiana, Kentucky, Missouri, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Utah, Virginia, West Virginia
Improved Voter Education	Arizona, Arkansas, California, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Maine, Minnesota, Missouri, Montana, Nevada, New Jersey, North Carolina, North Dakota, Oregon, South Dakota, Texas
Legislative Task Forces/Study Commissions/Interim Committees on Election Reform	Arkansas, Florida, Georgia, Hawaii, Kentucky, Maryland, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Virginia

* Administrative Rule

Contact Tim Storey or Jennie Bowser at mailto:elections-info@ncsl.org?subject=[elections]. (303) 364-7700

Featured Links

• Meetings 
• Task Force Members
• Database - Election Reform Legislation
• State Election Law Data
• Links
• Federal Election Reform Proposals
• NCSL Official Policy on Elelction Reform
• Redistricting and Elections Committee

News

Add more links here

• Florida Legislature Passes Major Election Reform
• Voting in America - Final Report 
• Ford/Carter Report on Election Reform
• Caltech/MIT Issues Voting Project Report, 7/01
• U.S. Cmsn on Civil Rights  Issues Report, June 2001