July, 31 2012, 03:44pm EDT
Study: Design Flaws Contribute to Hundreds of Thousands of Lost Votes in Recent Elections
Report Details Major Ballot Design Problems, Proposes Non-Partisan Solutions
WASHINGTON
Design defects in ballots, voter instructions, and voting machines contributed to the loss of several hundred thousand votes in the most recent national elections, a new Brennan Center for Justice study found.
In addition, the report notes that in the 2008 and 2010 general elections combined, as many as 400,000 people had their absentee or provisional ballot rejected because they made technical mistakes completing forms or preparing and returning the envelope. Poor design increases the risk of lost or misrecorded votes among all voters, but the risk is even greater for particular groups, including low-income voters, and the elderly.
The comprehensive study outlines simple measures election officials can take before November to cure design defects and ensure every voter can cast a ballot that counts. View a slideshow of design flaws and solutions in recent national elections.
"In the age of smartphones and tablets, many have realized the importance of good design and usability, but American elections are still marred by major design problems," said Lawrence Norden, deputy director of the Center's Democracy Program and co-author of Better Design, Better Elections. "The rise of absentee and provisional voting since 2000 has made ballot design in our elections even more important. If a voter takes the responsibility to vote, election officials must do everything in their power to make sure that vote counts."
The Brennan Center's report details four design and usability problems in 2008 and 2010. Here are a few select examples:
Problem 1: Ballot Layouts that Invite Overvotes or Undervotes
- In East St. Louis, IL in 2008, the ballot design led 1 in 10 voters to skip the U.S. Senate contest by mistake because of an inadequate header identifying the race. More than twice as many votes were lost in East St. Louis than the rest of the state. The Brennan Center's revised ballot (page 17) could have saved many hundred votes.
Problem 2: Poor Voter Instructions
- In the governor's contest in Ohio in 2010, several counties reported unusually high numbers of voters selecting more than one candidate. The culprit appears to be the instructions, which state "select the set of joint candidates of your choice." In Cuyahoga County alone, more than 2,000 voters did not have their vote for governor counted because they selected more than one gubernatorial candidate. The Brennan Center's suggestion for revising the instruction appears on page 25.
Problem 3: Unclear Voting Machine Messages
- Tens of thousands of votes were not counted in 13 Florida counties in 2008 and in New York State in 2010 because of ineffective overvote warnings. If a voter selected too many candidates in a race, a confusing error message appeared. If the voter pressed the green "Accept" button, marked with a check, the ballot would be cast with the overvote, and the vote would be lost. The Brennan Center's suggested fixes appear on pages 27 and 28.
Problem 4: Difficult Absentee and Provisional Ballot Envelopes
- In Minnesota in 2008, nearly 4,000 absentee ballots were not counted because the envelope was not signed. Recognizing the problem, the Minnesota Secretary of State's office worked with design, usability, and plain language experts in 2009 and 2011 to improve the ballot envelope. The changes made to the envelope can be found on pages 31 and 33.
"The design flaws that this report documents are not difficult or unknown problems," said Whitney Quesenbery, co-author of the report and a user experience researcher. "I hope that this stark evidence of lost votes inspires every election official to follow good design principles, and test their work to be sure that voters understand how to fill out forms and mark their ballots so their votes will be counted."
As election officials finalize ballots and other election forms in the next several weeks, the Brennan Center's report recommends several simple measures that can be taken to ensure votes are counted accurately. Election officials should:
- Review data on lost votes to determine what problems they may encounter in November.
- Create a checklist of design best practices to make ballots and other election materials better organized and easily comprehensible.
- Conduct usability testing to uncover potential problems that may arise.
- Make voters aware of potential problems if those issues cannot be addressed before the election.
The Center's study provides four case studies that demonstrate the powerful impact usability testing, voter education, and other corrective action before an election can have in reducing voter error in elections (beginning on page 36).
For all the latest voting rights news, view the Brennan Center's Election 2012 page.
To set up an interview, please contact Erik Opsal at erik.opsal@nyu.edu or 646-292-8356.
The Brennan Center for Justice is a nonpartisan law and policy institute. We strive to uphold the values of democracy. We stand for equal justice and the rule of law. We work to craft and advance reforms that will make American democracy work, for all.
(646) 292-8310LATEST NEWS
Watchdogs' Database Details Right-Wing Efforts to Sway US Supreme Court
"Supreme corruption demands supreme transparency," said one campaigner behind the new effort.
Apr 18, 2024
A trio of progressive watchdog groups on Thursday unveiled a new database detailing the "troubling connections" between the U.S. Supreme Court's right-wing justices, the conservative organizations that have intervened in cases before the court, and the wealthy donors funding them.
Take Back the Court, Revolving Door Project, and True North Research published the database at SupremeTransparency.org, which "shines a spotlight on the complex web connecting justices to powerbrokers and the organizations that those powerbrokers fund, lead, and are otherwise linked to."
The watchdogs found that nearly 1 in 7 amicus briefs filed during the 2023-24 Supreme Court term were lodged by at least one powerbroker-affiliated organization. This affects 32 different cases before the court.
"The current U.S. Supreme Court has gone rogue."
For example, in Moore v. United States—in which the Supreme Court could preemptively ban or limit wealth taxes—half of all amicus briefs were filed by groups affiliated with right-wing powerbrokers.
In Loper Bright Enterprises v. Raimondo, groups funded by billionaire industrialist Charles Koch want to scupper the Chevron deference, a 40-year precedent under which judges defer to the legal interpretations of federal agencies if Congress has not passed any laws on an issue. Powerbroker-affiliated organizations have filed more than one-third of the amicus briefs seeking to overturn the Chevron doctrine.
"Far too often people with insidiously close ties to justices like Clarence Thomas and Samuel Alito, such as Harlan Crow and Paul Singer, signal their interest in the outcome of cases by funding, leading, or influencing organizations that file amicus briefs," Revolving Door Project executive director Jeff Hauser said in a statement.
"There is just as much of a conflict of interest when a justice hears a case involving a benefactor as a named party and one in which the person who illicitly enabled their luxurious lifestyle is 'merely' similarly situated to one of the parties," Hauser added.
According to SupremeTransparency.org:
The current U.S. Supreme Court has gone rogue. The right-wing justices that make up the court's supermajority frequently toy with precedent and the rule of law to issue opinions that not only defy the will of a majority of Americans, but also rewrite constitutional principles, overturn widely respected legal precedents, and gut longstanding rules that protect the public interest.
In just the 2021 and 2022 Supreme Court terms alone, the court overturned Roe v. Wadeafter 49 years; gutted both the decades-old Clean Air Act and Clean Water Act; overturned a 100+ year old gun safety law; eroded the National Labor Relations Act (adopted as part of New Deal reforms to protect workers); broke with their own procedures regarding standing to sue in order to block student debt relief; and reversed decades of precedent to end the decadeslong practice of race-conscious college admissions policies that promoted diversity and redressed discrimination. But this radically reactionary court and its radically reactionary justices aren't acting alone.
"Supreme corruption demands supreme transparency," said Take Back the Court president Sarah Lipton-Lubet. "It's no secret that the many of the rich benefactors cozying up to the conservative justices are the same people who fund right-wing organizations with business before the court."
"But too often, stories about the Supreme Court don't connect these dots—and as a result, they leave us with an incomplete picture," she continued. "The truth is right-wing powerbrokers are seemingly paying to play; they're funding groups that are weighing in on court cases even as they buy access to the justices who will rule on those cases."
"It's just one of the ways our Supreme Court is deeply, fundamentally broken," Lipton-Lubet added. "And it's a reminder of how urgent and necessary it is that we reform this corrupt court."
Last year, the Supreme Court adopted a Code of Conduct that contained few new rules, no enforcement mechanism, and was widely panned as a toothless public relations stunt. Bolder proposals for reforming the high court include term limits and increasing the number of justices.
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"This clearly shows that protecting our climate is much cheaper than not doing so, and that is without even considering noneconomic impacts such as loss of life or biodiversity," a new study's lead author said.
Apr 18, 2024
The climate crisis will shrink the average global income 19% in the next 26 years compared to what it would have been without global heating caused primarily by the burning of fossil fuels, a study published in Nature Wednesday has found.
The researchers, from the Potsdam Institute for Climate Impact Research (PIK), said that economic shrinkage was largely locked in by mid-century by existing climate change, but that actions taken to reduce emissions now could determine whether income losses hold steady at around 20% or triple through the second half of the century.
"These near-term damages are a result of our past emissions," study lead author and PIK scientist Leonie Wenz said in a statement. "We will need more adaptation efforts if we want to avoid at least some of them. And we have to cut down our emissions drastically and immediately—if not, economic losses will become even bigger in the second half of the century, amounting to up to 60% on global average by 2100."
"I am used to my work not having a nice societal outcome, but I was surprised by how big the damages were."
Put in dollar terms, the climate crisis will take a yearly $38 trillion chunk out of the global economy in damages by 2050, the study authors found.
"That seems like… a lot," writer and climate advocate Bill McKibben wrote in response to the findings. "The entire world economy at the moment is about $100 trillion a year; the federal budget is about $6 trillion a year."
This means that the costs of inaction have already exceeded the costs of limiting global heating to 2°C by six times, the study authors said. However, limiting warming to 2°C can still significantly reduce economic losses through 2100.
"This clearly shows that protecting our climate is much cheaper than not doing so, and that is without even considering noneconomic impacts such as loss of life or biodiversity," Wenz said.
The damages predicted by the study were more than twice those of similar analyses because the researchers looked beyond national temperature data to also incorporate the impacts of extreme weather and rainfall on more than 1,600 subnational regions over a 40-year period, The Guardian explained.
"Strong income reductions are projected for the majority of regions, including North America and Europe, with South Asia and Africa being most strongly affected," PIK scientist and first author Maximilian Kotz said in a statement. "These are caused by the impact of climate change on various aspects that are relevant for economic growth such as agricultural yields, labor productivity, or infrastructure."
However, Wenz told the paper that the paper's projected reduction was likely a "lower bound" because the study still doesn't include climate impacts such as heatwaves, tropical storms, sea-level rise, and harms to human health.
Unlike previous studies, the research predicted economic losses for most wealthier countries in the Global North, with the U.S. and German economies shrinking by 11% by mid-century, France's by 13%, and the U.K.'s by 7%. However, the countries set to suffer the most are countries closer to the equator that have lower incomes already and have historically done much less to contribute to the climate crisis. Iraq, for example, could see incomes drop by 30%, Botswana 25%, and Brazil 21%.
"Our study highlights the considerable inequity of climate impacts: We find damages almost everywhere, but countries in the tropics will suffer the most because they are already warmer," study co-author Anders Levermann, who leads Research Department Complexity Science at PIK, said in a statement. "Further temperature increases will therefore be most harmful there. The countries least responsible for climate change, are predicted to suffer income loss that is 60% greater than the higher-income countries and 40% greater than higher-emission countries. They are also the ones with the least resources to adapt to its impacts."
Wenz told The Guardian that the results were "devastating."
"I am used to my work not having a nice societal outcome, but I was surprised by how big the damages were. The inequality dimension was really shocking," Wenz said.
Levermann said the paper presented society with a clear choice:
It is on us to decide: Structural change towards a renewable energy system is needed for our security and will save us money. Staying on the path we are currently on, will lead to catastrophic consequences. The temperature of the planet can only be stabilized if we stop burning oil, gas, and coal.
McKibben, meanwhile, argued that the findings should persuade major companies to embrace climate action for self-interested reasons. He noted that most corporate emissions come from how company money is invested by banks, particularly in the continued exploitation of fossil fuel resources.
"If Amazon and Apple and Microsoft wanted to avoid a world where, by century's end, people had 60% less money to spend on buying whatever phones and software and weird junk (doubtless weirder by then) they plan on selling, then they should be putting pressure on their banks to stop making the problem worse. They should also be unleashing their lobbying teams to demand climate action from Congress," McKibben wrote.
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The Congressional Progressive Caucus says its legislative blueprint for 2025 and beyond aims to "deliver equality, justice, and economic security for working people."
Apr 18, 2024
The Congressional Progressive Caucus on Thursday published a "comprehensive domestic policy legislative agenda" for U.S. President Joe Biden's possible second White House term that seeks to "deliver equality, justice, and economic security for working people."
The CPC's Progressive Proposition Agenda is a seven-point plan aimed at lowering the cost of living, boosting wages and worker power, advancing justice, combating climate change and protecting the environment, strengthening democracy, breaking the corporate stranglehold on the economy, and bolstering public education.
"Progressives are proud to have been part of the most significant Democratic legislative accomplishments of this century. We have made real progress for everyday Americans—but there's much more work to be done," Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said in a statement.
"That's why the Progressive Caucus has identified these popular, populist, and possible solutions," she added. "Democrats in Congress can meet the urgent needs people are facing; rewrite the rules to ensure majorities of this country are no longer barred from the American promise of equality, justice, and economic opportunity; and motivate people with a vision of progressive governance under Democratic majorities in the House and Senate and a Democratic White House."
Progressive lawmakers have already introduced bills for many items on the agenda, including a Green New Deal for Public Schools, expanding the Supreme Court, comprehensive voting rights protection, and legalizing marijuana.
Critics noted the conspicuous absence of Medicare for All—once a top progressive agenda item—and foreign policy issues including ending Israel's genocide, apartheid, occupation, settler colonization, and ethnic cleansing in Palestine.
Jayapal toldNBC News that the CPC is focusing its blueprint exclusively on domestic goals—especially ones it feels can be achieved.
"The way we came to this agenda is to say that we were going to put into this agenda things that were populist and possible... and affected a huge number of people," she said. "We haven't taken a position on particularly Israel and Gaza in the progressive caucus, and so that's not on here."
The CPC agenda is backed by a wide range of labor, climate, environmental, civil rights, consumer, faith-based, and other organizations.
"The Congressional Progressive Caucus is leading the way for Congress to address the major issues affecting working families, from reducing healthcare and housing costs to strengthening workers' rights to join unions, earn living wages and benefits, and have safe workplaces," Service Employees International Union president Mary Kay Henry said in a statement.
"SEIU is proud to partner with the CPC to move these priorities forward and build a more equitable economy in which corporations are held accountable for their actions," she added.
Mary Small, chief strategy officer at Indivisible, said: "House progressives were the engine at the heart of our legislative accomplishments in 2021 and 2022. They've continued that momentum to be true governing partners to the Biden administration as those laws and programs are implemented."
"That's why Indivisible is so supportive of the CPC's Proposition Agenda, a bold vision for progressive governance in 2025 and beyond. From reproductive rights to saving our democracy to economic security for all, the CPC is driving forward exactly the sort of legislative goals we want to see in our next governing moment."
That moment is far from guaranteed, with not only the White House hanging in the balance as Biden will all but certainly face former Republican President Donald Trump in November's election but also the Senate Democratic Caucus clinging to a single-seat advantage over the GOP. Republicans currently hold the House of Representatives by a five-seat margin.
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