Geo-Enabled Elections
Geography matters: If first responders can’t find a house, a life may be lost. Hence, Next Generation 911 (aka NextGen 911), a system that includes “geo-coding” addresses so there’s no doubt where, exactly, 384 Elm St. is. It’s a precise dot defined by a set of coordinates.
Geography matters for voting, as well. Districts are defined by lines on a map, and voters are assigned to school districts, congressional districts and legislative districts based on where their residence sits. The most common practice for assigning voters to districts relies on street addresses. However, 12% or more of voters are assigned to the wrong precincts, says Kim Brace of Election Data Services. That’s because an address is just an approximation of a geographic area, and such things as cul-de-sacs and meandering streams make lists of addresses imprecise.
So, how do we ensure that each voter votes on the right contests, based on where they live? By geo-coding residences, the same fix that NexGen 911 uses. States adopting NextGen 911 for safety reasons may find that this is a rare public policy opportunity to kill two birds with one stone. Note, though, that first responders need to know where the driveway is, whereas election officials need to know where the rooftop is.
Being assigned to the wrong precinct doesn’t necessarily mean that 1 in 8 voters gets the wrong ballot. But sometimes they do, and sometimes there are electoral consequences. Here are three examples:
- In 2017, a Virginia state legislative race was declared a tie, and the winner’s name was picked out of a bowl. The race was particularly important because it affected the balance of power in the Virginia House of Delegates. Had the Democrat in the race won, the House would have been split 50/50 between Democrats and Republicans. But the winner of the lottery was a Republican, and thus Republicans narrowly held onto power in the House of Delegates. A later analysis of the race showed that election officials erred by placing more than two dozen voters in the wrong legislative district—enough to sway the very close race.
- In 2010, Representative Craig Frank (R-Utah) was reelected to the state House, a post he had held since 2003, only to find out that he didn’t actually live in the district he was elected to represent. Frank had relocated to a new home in 2009, which he believed to be in the same district based on the state maps he consulted. But there was a discrepancy between the state and county maps that had occurred after the 2000 redistricting process, and, according to the county lines, he no longer lived in the same district. He had to vacate the seat when the discrepancy was found.
- In 2019, a Greenville, N.C., city council candidate John Landrine learned at the polling booth that he did not live in the district he was running to represent. This summer, Landrine had successfully filed to run in Greenville’s District 2, but an audit conducted by the Pitt County Board of Elections after the filing period found that he actually lived in District 1. The even side of Landrine’s street resides in District 1, the odd in District 2, but this street had been coded incorrectly for 20 years. The board has passed a motion to prevent future audits between candidate filing and an election, though Landrine’s candidacy has been declared invalid.
That’s not all. “The state voter registration database has two-thirds of the adult population, so this is your citizen management system,” says Richard Leadbeater of Esri. “This is the start of everything.” The errors, he says, are usually manual: It’s hard to input data accurately. And it’s not possible to do quality control if there is no Geographic Information Systems (GIS) system to compare the data to. So, “just the update and correctness of the voter registration files is a huge benefit” of moving to GIS-based elections, says Leadbeater. That means using GIS technology in local election offices.
Now is a particularly good time to make the shift, with redistricting to start in 2021. States are almost uniformly using GIS for redistricting this decade, but they aren’t necessarily sharing their new districts through GIS—largely because state and local election officials may not have the capacity to receive it that way.
Either way, boundary management, from drawing congressional and legislative districts down to “precincting,” is geographically driven. (Yes, that’s a verb for election officials, used to describe redefining precincts as population shifts and boundaries for districts are redrawn.)
In the 1980s and prior, precincting was done by hanging a county map on a wall and drawing lines. When new voters came in, their address was ballparked on the map, and that’s how they were assigned to vote. Then came computers and spreadsheets, and the action moved off the wall and into “street files” that might show “200–350 Elm St., even numbers” in one precinct, and “201–351 Elm St., odd numbers” in another.
Why does it matter? Accuracy in elections—getting the right ballot to the right voter—is a good enough reason. “These days, if someone gets the wrong ballot, they’re likely to think the election has been hacked,” said Meagan Wolfe, Wisconsin’s state election director, at the August Elections GeoSummit. Fewer oopses improve voter confidence.
Is your state using “street files” that are stored locally? You may need to ask your local election official, and the answer is probably yes—if so, your state is among the majority. A shift is underway as one state after another starts to move from street files to geocoding.
Utah is one of the leaders of the pack. The use of GIS in other parts of the state government was growing in the lead up to the 2010 census, and the Lieutenant Governor’s Office (the state-level office in charge of elections in Utah) saw the potential of GIS to help with the decennial redistricting process.
The Lieutenant Governor’s Office assembled a team of professionals from various branches of government (something now identified as a best practice) to integrate GIS features into the elections process. Utah worked with counties to create and confirm maps and integrate them into the statewide voter registration database in time for the 2012 elections. The data has gotten more and more accurate as time has gone on, and the state hasn’t had problems with wrong addresses or inaccurate precinct information in recent years (more on Utah’s story here).
Washington is also leading the way with GIS. The state went live with VoteWA this year, a replacement for its street files and much more. The secretary of state’s office helped the smaller counties get up to speed with the bigger ones by going to visit every county. Because it is a statewide project, when new district lines are drawn with redistricting, it will be immediately clear what districts every voter is in. No need for a manual process at the county level.
In North Carolina, the move to GIS started eight years ago. Many county boards of elections audited their voter files, which were based on street files, by comparing them to new e911 records, which were based on geocoding. The result: Lots of errors were found and lots of cleanup has been done.
Other states are in the process of changing to “geo-enabled elections,” a phrase based on a newish nationwide effort to bring GIS to the election world. According to Jared Dearing, the executive director of Kentucky’s State Board of Elections, “maps are the backbone of democracy,” and Kentucky is part of the project.
Election officials, not legislators, will do the work to move elections to a GIS-based system. And yet, legislators set policy and provide guidance. So what, exactly, can lawmakers do? The Canvass asked participants at the Elections GeoSummit this question. Here are answers from election administrators:
- A state could require GIS for all local maps submitted to the state. For example, Virginia recently enacted S 1018/H 2760, which requires the use of GIS to create maps for redistricting or making any changes to local election districts or precincts. The caveat from the administrators: Please don’t pass any unfunded mandates and note that state-level officials may have to help localities make the transition, as was the case in Washington.
- While the state’s chief election official may be able to write policies requiring local jurisdictions to report “voting units” (such as political subdivisions and precinct boundaries) to a state GIS office, the legislature can require data sharing. In 2017, Oregon created a state geographic information council and a geographic information officer responsible for all geographic information and geospatial framework data, including for elections.
- Consider asking for current precinct data a couple of times a year. The voter registration system, the county GIS system and the legislature need to work on it together. In Arkansas, the county clerk is required to submit written, printed and digital copies of the map and boundaries to the secretary of state and Arkansas Geographic Information Systems Office within 30 days of any changes (A.C.A. § 7-5-101).
- Find out if your legislature is the official keeper of district maps. In Kentucky, the Legislative Research Council by law holds all the state’s local district maps.
- Connect your NextGen911 experts, who are more likely to have funding for geocoding, with your election officials. Good things may come from collaboration.
- Investigate your state’s GIS capabilities. In Wisconsin, the Legislative Technology Services Bureau has an amazing array of offerings for legislators and beyond. Most state GIS offices can be found through the National States Geographic Information Council.
- Once you have partners in the executive branch willing to collaborate on developing or sharing geocoding, the state may need to provide funding for the technology and development of the project. Note that counties are often the weak link in any new tech-based project and may be struggling with old computers and little internet capacity.
- Check your statutes. Are there prohibitions on sharing information between state agencies, such as emergency offices and election offices, that might stand in the way?
- Think about timing. Right now, with so much emphasis rightly placed on election security, it may be hard to ask state election officials to take on more. “It’s great if our elections are secure, but if the right person doesn’t get the right ballot? That’s a problem,” says Wayne Bena, Nebraska’s state election director.
- Perhaps most important of all: Think about timing again. With redistricting around the corner, and an emphasis on GIS in the states for that purpose, working out the data handshake between redistricters and election officials could make re-precincting before the 2022 election a breeze. More importantly, it could mean far fewer oopses.
From the Chair
Representative Kevin Bratcher (KY-R) represents Kentucky’s 29th House District, which is situated in northern Kentucky and covers parts of his hometown of Louisville. Bratcher has held this office since 1997.
How did you get selected to chair the Elections, Constitutional Amendments & Intergovernmental Affairs Committee for Kentucky’s House?
I had spent 12 years on the committee in the minority. In 2016, Republicans took the House for the first time in 100 years. I became the whip for two years, but I stepped down voluntarily and was chosen to chair this committee because I had been on it for quite a while.
Has anything been surprising to you since becoming chair?
Being a chairman is a lot more involved; there’s more responsibility and more hours. I really enjoy it. I actually like being a chair more than being in leadership because in leadership you have to say “no” a lot. As a committee chair, you get to work with the members more.
How does working in a legislature dominated by one party alter how the committee functions?
There are more partisan issues in other committees, but as for elections, it’s really not that partisan. As the chair, I deal with a lot of the same issues as when I was a minority member of the committee.
We also work with the state Board of Elections, which includes the secretary of state as a non-voting member. It was a bipartisan decision to include the SOS on the board, but that comes with its challenges.
What values do you hold as you think about election policy issues?
I just want elections to be fair and nonpartisan. There are a lot of movements across America right now, and people are upset. People are very vigorous about their politics these days. I’ve been doing this 24 years, and I’ve never seen it so contentious. The sacredness of the vote has never been more important. That is my guiding feature: to be completely fair and honest in elections.
What are the major election administration priorities for you and Kentucky?
We’re trying to find out what role the master voter file will play in Kentucky. The file needs to be accessible by the general public, but we have had some issues with it being abused. We also need to make sure that the role of the state Board of Elections and its resources are being used properly.
What other major election issues does your state face?
E-poll books and technology. The use of electronic poll books is mandated by the state Board of Elections, but that’s something we will need to get into the statutes, too.
We also have some districts that do not have a paper trail for every vote cast. Due to HAVA requirements, some districts use electronic, push-button machines, and the fact that they don’t leave a paper trail is upsetting to many people in Kentucky. We’re looking to pass a binding resolution that would require any new elections machines to have a tangible, touchable paper ballot trail. When you see how much hacking is of concern, it’s good to have a situation where real people can count each ballot. Having a computer program be your security is not good in my book.
Is there any new discussion of absentee or mail voting?
There is, and there is strong resistance to it. While there are movements to get early voting, there is no consensus to change the way Kentucky votes at this time. We do have early voting mechanisms for people who are out of town on election day.
What are you most proud of in Kentucky?
Horses and bourbon and Louisville sluggers!
As for elections, Kentucky is one of the first states to post presidential election results on election night. We get our elections cleared early; by 9 p.m. everyone knows where Kentucky stands. There’s a lot of debate on this, but if you take the average Kentuckian who does their due diligence by voting, I think they like the 6 a.m. to 6 p.m. voting day. People are proud to have the first votes in the presidential election.
Worth Noting
Nov. 5 is Election Day! (Nov. 16 for Louisiana)
Louisiana, Mississippi, New Jersey and Virginia have regularly scheduled elections for legislative and statewide offices this year, which will fill 538 of the nation’s 7,383 legislative seats and determine the partisan makeup of their legislatures for the next two years. Governors are also on the ballot in Kentucky, Louisiana and Mississippi, and voters in several states—Colorado, Kansas, Maine, New Jersey, Pennsylvania, Texas and Washington—will have the chance to weigh in on ballot measures with topics ranging from taxes and redistricting to what to do when a county service dog retires.
New at NCSL: Risk-Limiting Audits
Risk-limiting audits (RLAs), a type of postelection audit, are growing in popularity among election officials and legislators as an efficient way to ensure the accuracy of election results.
Campaign Finance News
The Canvass doesn’t usually address campaign finance, but since Amanda (Mandy) Zoch has joined the team, we’ve been taking a peek at that topic. Here are three recent blogs: States and the Prohibition of Foreign Contributions, Defining ‘Personal Use’ in Campaign Finance Laws and Child Care and the Future of Campaign Funds.
Pennsylvania Approves New Election Law
Governor Tom Wolf signed a new election bill which will allow registered voters to vote by mail and will allow people to register to vote up to 15 days before an election and to submit mail-in or absentee ballots up until 8 p.m. on Election Day. The bill also eliminates the use of straight party voting. These changes will go into effect for the state's April primary.
Pleasant Grove, Ala., to Use Cumulative Voting
A 2018 voting rights lawsuit brought by the Alabama NAACP and two Pleasant Grove, Ala., residents against the city of Pleasant Grove reached a settlement that will change the city’s election methods from at-large voting to cumulative voting. The cumulative voting method allows each voter to cast up to five votes in city council elections, and the voter can choose to cast those votes for five different candidates, divide them among several candidates, or cast all five for just one candidate. Cumulative voting has been used to address claims of vote dilution, and the settlement agreement also requires the city to develop a voter education program to ensure that residents understand the new process. Pleasant Grove will use cumulative voting for the first time in its August 2020 city council election; at-large voting will still be used in the mayoral election.
Voter Turnout Slips, Advance Voting Surges in Canada
Approximately 66% of eligible voters turned out for Canada’s federal election on Oct. 21. That number is down from 68.3% in 2015. Advance turnout, however, increased by 29%, which experts attribute to longer hours at polling stations and more than 1,000 new polling locations.
EAC Initiates Search for New Executive Director
The EAC recently announced its search for a new executive director, as well as a new general counsel. In September, the commissioners of the Election Assistance Commission declined to reappoint Executive Director Brian Newby and General Counsel Cliff Tatum through a split 2-2 vote (reappointment requires a majority vote). Mona Harrington, the commission’s chief information and security officer, will serve as the acting executive director.
Maryland Will Have Student-Designed ‘I Voted’ Sticker in 2020
The Maryland State Board of Elections and the Fine Arts Office of the Maryland State Department of Education have created an “I Voted” sticker design competition for pre-K to 12th grade public school students. The winning design—which must incorporate the state of Maryland, voting or elections as a theme—will be available at polling locations across the state during 2020 elections. Think your local “I Voted” sticker is pretty great? Consider submitting it the EAC’s Clearie Awards in the “Most Original and Creative ‘I Voted’ Sticker” category.
Monthly Dose of Cybersecurity
Minnesota—Minnesota Secretary of State Steve Simon is taking steps to formalize a collaboration with the state’s new National Guard Cyber Protection Team to help prevent attacks on election infrastructure and prepare for online disinformation campaigns. Minnesota is one of four Army National Guard states with a fully staffed cyber protection team.
Washington, D.C.—The House Homeland Security Committee recently advanced a bill that would expand the government’s Continuous Diagnostics and Mitigation (CDM) program, which provides government agencies with a cyber toolkit. The new bipartisan legislation would make those resources permanent and allow state and local governments to freely access tools. The bill now heads to the House floor for a vote; the Senate introduced a similar bill, though it remains in committee.
California—Cybersecurity is notoriously tricky to visualize. In an effort to help people understand that cybersecurity is more than men in hoodies hunched over keyboards, the Hewlett Foundation devised a competition for new illustrations and stock art depicting a variety of cybersecurity issues, such as phishing, encryption and surveillance. View the work of the winners and other finalists in the Finalist Catalog.
Facebook—Mark Zuckerberg announced a new election security initiative called “Facebook Protect,” which will include updating Facebook’s policy on inauthentic behavior and protecting elected officials, candidates and staff from hacking and other suspicious activity. Google and Microsoft offer similar protections for campaigns. Although Facebook will continue to publish political ads, it will now start to ban ads that discourage people from voting.
Ask NCSL
Do any states have readability requirements for the language on their ballots?
“Readability” is the quality of being easily read and understood, and “readability scores” are used to measure this quality.
Only one state, Alaska, stipulates a specific readability score for its ballot language: “The policy of the state is to prepare a ballot proposition that is clear, concise, and easily readable… The policy of the state is to prepare a ballot proposition that is scored at approximately 60” (Alaska Stat. § 15.80.005(a)). Thirteen other states also require clarity, though in less measurable ways. For example, Maine requires “clear, concise and direct” language (21-A M.R.S. § 906), and ballots in Tennessee must use “words with common everyday meanings” (Tenn. Code Ann. § 2-5-208). Some states, such as California and Mississippi, limit the length of the ballot title or summary; since length is one of the factors used to determine readability, these statutes may also contribute to ballot language that is easier for the average voter to comprehend.
From the NCSL Elections Team
The Elections and Redistricting team has grown by two as we welcome new policy specialist and former William & Mary Law intern Ben Williams, and policy specialist and Mellon/ACLS Public Fellow Amanda (Mandy) Zoch.
We’re gearing up for our 2019 Capitol Forum, Dec. 10-12, in sunny Phoenix, with sessions on cybersecurity, geo-enabled elections, primaries, the Electoral College, the census, redistricting, campaign finance law, digital ads and more. Want to join us?
Wendy Underhill and Mandy Zoch