2006 OPINION-EDITORIAL

September 22, 2006

Rejection of primary votes reveals hidden cost of mail ballots

By Jonathan Bechtle

A random audit by county election officials has revealed that up to 15 percent of partisan votes in the September 19 primary may be rejected due to voter error. Secretary of State Sam Reed called this result “totally unacceptable,” and he’s right. In the year 2006, in the United States of America, a 15 percent error rate is unthinkable. Election officials are focused on quick fixes that may reduce this percentage, but shouldn’t miss a major underlying cause of the chaos, namely their rush to a vote-by-mail system.

State law requires voters to indicate party preference on their ballot, or their partisan votes won’t count. The problem seems to be centralized in counties that use a “consolidated” ballot, with both party sections and the non-partisan candidates on one ballot. The Secretary of State’s audit revealed a rejection rate of 5 to 15 percent in the following counties: Clallam, Chelan, Snohomish, King, Pierce, Kitsap, Klickitat, Clark, and Yakima. The highest error rate was in Snohomish County, where over 11,500 partisan votes (15 percent) have already been rejected.

It’s not a coincidence that Snohomish County just happens to be the largest county to recently switch to vote-by-mail. The primary ballot problems are merely a symptom of the hidden costs of vote-by-mail.

In a polling place a voter can ask questions, obtain a replacement ballot if they make a mistake, and get last-minute instructions to help them navigate any confusing ballot issues. Poll voting is tailor-made to deal with complications like a confusing primary ballot. At home, a voter is much more likely to just wing it. For example, voters in Mason County have reported voting for candidates in one party, then using a write-in to vote for a candidate from the other party. In that case the write-in vote won’t count, but the ballot instructions did not specifically address that question. If using polling places, a county can even make fail-safes. King County set up its electronic voting machines so that a voter must select a party before choosing candidates.

Secretary Reed and county auditors will likely ramp up voter education to reduce further confusion, but at what cost? To educate at-home voters on how to fill out a ballot the state must buy media time and send costly mailings. Educating poll voters is a matter of training poll workers and putting signs in the polling place. Election officials sold county governments on vote-by-mail because it was cheaper. Did they factor in the increased cost of voter education?

Secretary Reed has said that he will ask the legislature to remove the party designation requirement. But the legislature must also immediately implement improvements to mail ballot accuracy and security. Vote-by-mail counties should review their decision to nix polling places, and consider restoring some of them. The primary ballot errors are not the first problem to result from forcing all voters to use an insecure, inaccurate election system, and they won’t be the last.

King and Pierce County should also take warning from Snohomish County’s error rate. The size of the county compounds the hidden costs associated with vote-by-mail, and neither King nor Pierce should switch to vote-by-mail until the accuracy and security of the system can be guaranteed.

Jonathan Bechtle is legal counsel for the Evergreen Freedom Foundation. Previously he served as Director of EFF’s Citizenship and Governance Center. He also represents EFF on the board of the Washington Coalition for Open Government. Prior to joining EFF he was the senior legal assistant for a non-profit legal advocacy firm in the Washington, D.C. area, and has worked as an aide to state senators in Georgia and Indiana, and as a medical analyst for the Indiana Attorney General. Jonathan earned a juris doctorate from Oak Brook College of Law in Fresno, California, and is a member of the California and Washington Bars.

+ Send EFF your comments

  Send this Article to a Friend