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ACKNOWLEDGEMENTS
The Voter System Scorecard is based on data from the Brennan Center for Justice at New York University School of Law, Demos, Education Commission of the States, FairVote, Long Distance Voter, National Conference of State Legislatures, and U.S. Department of Defense. The policies and metrics evaluated herein were further informed by research and analysis conducted by CIRCLE, Fair Elections Legal Network, Overseas Vote Foundation, and The Pew Center on the States. We are particularly grateful to Steven Carb and Tova Wang at Demos, Doug Chapin at the The Pew Center on the States, Megan Donovan at the Fair Elections Legal Network, Jonah Goldman and Deb Greenspan at the Glover Park Group, Eric Marshall at the Lawyers Committee for Civil Rights Under Law, and Wendy Weiser at the Brennan Center for Justice for providing thoughtful feedback and suggestions. The final product is better because of them. Additional research and analysis was conducted by Rock the Vote staff and interns. All errors rest solely with Rock the Vote.
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TABLE OF CONTENTS
SCORECARD KEY....................................................................................
Automatic Registration ............................................................................................ Permanent and Portable Registration..................................................................... Same Day Registration............................................................................................. Online Voter Registration ......................................................................................... Restrictions on Third-Party Registration Drives........................................................ 2 3 3 4 5 6 7
8 Convenience Voting................................................................................................. 8 Voter Identification Requirements ........................................................................... 9 Residency Requirements.......................................................................................... 10 Absentee Voting....................................................................................................... 11 Military and Overseas Voting .................................................................................. 12
PREPARING YOUNG VOTERS ...................................................... 13 KEY FINDINGS............................................................................................ 15 VOTING SYSTEM SCORECARD ..................................................16 ENDNOTES ..................................................................................................... 17
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SCORECARD KEY
Voter Registration
Automatic registration Permanent and portable registration Same Day Registration Online voter registration Third-Party Registration Drives REGISTRATION SUBTOTAL
Best Score
3 1 3 3 1 11
Casting a Ballot
Convenience voting Voter ID Residency requirements Absentee laws Military and overseas voters VOTING SUBTOTAL
Best Score
2 2 1 1 1 7
Best Score
2 1 3
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VOTER REGISTRATION
Highest Possible Score: 11
Voter registration remains the single greatest barrier to participation for young people. More than one-third of the hundreds of thousands of problems reported during the historic 2008 election were related to voter registration.3 In California and New York, voter registration issues were about 50 percent of all reported problems. Younger voters acutely feel the issues surrounding voter registration because first-time registrants encounter an unfamiliar, antiquated system and then are forced to interact with this process more often due to their frequent moves.
Delaware, North Carolina, District of Columbia and Washington scored highest in the voter registration category. Their scores reflect the fact that they offer voter-friendly policies such as Same Day Registration (District of Columbia, North Carolina), online registration (Delaware, Washington), and automatic registration at the DMV and other state agencies (Delaware).
For most Americans, voter registration is still a paper-based process that requires voters to obtain a form either from an election official or a third-party registration group or by downloading and printing an electronic version and then return that form by mail or by hand with the correct information and a wet ink signature. Election officials then must decipher and process their entries, and information must be transferred into voter databases without error. North Dakota is currently the only state that does not require voter registration. Young Americans are frustrated with a voter registration system that is inefficient, inconvenient and wasteful. Here are five ways states can improve and modernize the voter registration system so that it works for all Americans.
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at the grocery store when paying with a credit card. A few states also are soon adding other public service agencies to their automatic registration processes. Shifting the burden of registration from voters to the government will simplify the process for everyone, help eliminate the last-minute deluge of registration applications that cause countless administration problems, and reduce the need for third-party registration.
Scoring: 1 point: partially or fully automated at motor vehicle agencies 2 points: fully automated at motor vehicle and other state service agencies 3 points: automatic registration upon voters becoming eligible Source notes: Scores are derived from research conducted by the Brennan Center for Justice at New York University School of Law (Brennan Center) and available at http://www.brennancenter. org/content/pages/vrm_automatic.
Imagine only registering to vote once in your life. When registered voters move, permanent and portable registration would allow people to vote at their new address either automatically or when they show up at the polls. This can be achieved through automatically updating the address of currently registered voters when they fill out a change of address form with the U.S. Postal Service, for example, or enabling voters who have moved within a state to correct their address at the polls.
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Several states, including Colorado and Minnesota, have mechanisms that allow voters to make corrections to their registration information at the polls or update registration records when a voter fills out a change of address form with the U.S. Postal Service. Others, like North Carolina and Wisconsin, make voter registration permanent and portable through Same Day Registration (described below). Scoring: 1 point: automatic address updates or providing voters the ability to update their registration at the polls Source notes: Scores are derived from research conducted by the Brennan Center and available at http://www.brennancenter.org/content/pages/vrm_permanence.
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Same Day Registration (SDR) laws avoid the problems associated with registration deadlines. SDR provides the opportunity to register and cast a ballot during an early voting period or on Election Day itself (also known as Election Day Registration). States with SDR have the highest voter turnout rates in the country. In fact, they historically have turnout that is 10 to 12 percentage points higher than those without it. North Carolina, which implemented its system in 2007, saw 250,000 voters use SDR in 2008 and increased its turnout rank from 42nd in the nation in 2004 to 15th in 2008. Recently, legislation was introduced in the North Carolina Senate to eliminate the practice. Scoring: 3 points: SDR for all elections Source notes: Scores are derived from research conducted by Demos and available at http://demos.org/publication.cfm?currentpublicationID=AE8AB63E-3FF4-6C825DC59D5071F89C52.
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Online voter registration also saves money. For example, the Pew Center on the States found that during the 2008 election Oregon spent more than $8.8 million, a cost of $4.11 per active voter or $7.67 per voter registration transaction.13 Oregons Secretary of State recently reported that after implementing its online voter registration system a year ago about 87,000 citizens had used the system to register or update their addresses at a cost of less than $1 per transaction.14 According to the Brennan Center for Justice, paperless registration reduces election costs significantly. Maricopa County, Arizona saved more than $450,000 in 2008. Delaware saved more than $200,000 in 2009. And Washington, where 23 percent of new registrants now use its online system, saved $126,000 in 2008 in the Secretary of States office alone.15 Scoring: 3 points: online voter registration system Source notes: Scoring is based on independent research conducted by Rock the Vote, the Pew Center on the States, and data and analysis from Demos available at http://demos.org/ publication.cfm?currentpublicationID=1B5F8891-3FF4-6C82-55DB6E71177424EE.
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CASTING A BALLOT
Highest Possible Score: 7
Once registered, young voters face a number of barriers when trying to cast their ballots. This can result from unnecessary and unreasonable voter identification laws, byzantine absentee voting procedures and residency requirements that put their voting eligibility into question. Moreover, members of the military and their families, as well as other U.S. citizens serving and living abroad, face high hurdles, potential confusion caused by frequent moves and inhospitable environments, and tight timelines during the voting process. Unfortunately, the barriers are being made worse during current legislative sessions in a number of states. Over 30 states have sought to enact highly restrictive photo ID laws, which often place unnecessary burdens on certain classes of voters, including younger voters and students. Politicians have also sought to impose unconstitutional residency requirements, limit early voting, and eliminate Same Day Registration. The Speaker of the House in New Hampshire recently said young people in his state are foolish and they just vote their feelings. Another New Hampshire lawmaker made the case that students should not be allowed to vote where they go to school unless their parents had established residency in that town prior to the student attending college because young people possess a dearth of experience and a plethora of the easy self-confidence that only ignorance and inexperience can produce.17 In Montana, when arguing against a vote-by-mail bill, state Representative Ken Petersen claimed students are not very motivated and [s]ometimes when you are in school, your brain doesnt work real well.18 Below, we have identified policies that can encourage or thwart participation at the polls.
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especially those who are away from their home precincts, working hourly wage jobs, or have trouble getting to the polls on Election Day states are finding ways to increase participation. For these purposes, convenience voting does not include absentee voting by mail, which is covered below. And while some states refer to early voting at a polling place or county office as in-person, no-excuse absentee voting, we consider this early voting, not absentee voting. Further, the form of vote-by-mail contemplated here is a full system of vote-by-mail, like in Oregon and Washington. Scoring: 2 points: allowing in-person voting prior to Election Day or vote-by-mail Source notes: Scores are derived from research conducted by Long Distance Voter regarding the availability of early voting during the 2010 elections and available at http://www. longdistancevoter.org/early_voting_rules. Additional research was conducted by Rock the Vote.
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identification to sign an affidavit attesting to their identity. Twelve states allow voters to present a wide range of documents to prove their identity and current address, such as utility bills, voter registration cards, student IDs, paychecks, tax bills, car registrations, and other government documents. Florida, for example, requires a photo ID, but it doesnt have to be government-issued, which means a buyers club card, student ID, or neighborhood association ID would be fine. The remaining 10 states allow a voter who doesnt have the required ID to sign an affidavit or statement, under the penalty of perjury, that they are who they say they are. These states receive one out of the two possible points. Several states are on the verge of imposing more restrictive photo identification requirements. Scoring: Zero points: most restrictive range of photo ID 1 point: broader range of acceptable forms of identification or photo ID requirement with ability for voter to sign an affidavit if not in possession of photo ID 2 points: identity must be verified, but no formal documentation required Source notes: Scoring is derived from data made available by the National Conference on State Legislatures and available at http://www.ncsl.org/default.aspx?tabid=16602. Additional research and analysis was conducted by Rock the Vote.
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Scoring: Zero points: restrictive residency laws that make it difficult for students without intent to remain in-state after school to establish residency 0.5 points: no explicit legal protections for students who want to register and vote where they go to school, but provides ability for students to establish residency 1 point: explicit legal protections for students who want to register and vote where they go to school Source notes: Scores are derived from research and analysis conducted by the Brennan Center and available at http://www.brennancenter.org/studentvoting.
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Three states scored perfect in the preparation category for offering pre-registration to 16- or 17-year olds and teaching and testing civics in high schools:
The following metrics assess how well state policies prepare young people to become voters in the areas of civics education and allowing those who are under the age of 18 to pre-register to vote.
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Scoring: 2 points: teaching civics and evaluating student performance Source notes: Scoring is derived from research conducted by the Education Commission of the States and available at http://www.ecs.org/clearinghouse/CitEd/3-Assessment.pdf. Additional research was conducted by Rock the Vote.
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KEY FINDINGS
The average national overall score is only 41% (8.6 out of 21 possible points) with Washington ranking highest at 68% and South Carolina and Virginia at the bottom with 18%. Only 15 states scored above 50%.
* North Dakota does not have voter registration. Applying only the non-voter registration metrics including all of the voting metrics and the civics score the state receives 60% of the possible points (5.4 out of 9). If North Dakota is given all 11 points available for voter registration and 1 point for pre-registration, its total score would be 17.4 out of 21 or 83%, the highest in the country.
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Scor e
ID R equi rem ents Con veni ence Voti ng Resi denc y Re quir eme nts Abs ente e Vo ting Ove rsea s an d Mi litar y Vo ting
Scor e
AL S COR E ** % SC ORE
100%
25% 26% 47% 33% 56% 43% 20% 57% 66% 35% 39% 31% 47% 33% 37% 66% 57% 37% 54% 57% 56% 28% 31% 47% 35% 26% 61% 42% 50% 41% 32% 40% 36% 61% N/A 43% 23% 61% 30% 30% 18% 49% 23% 36% 45% 36% 18% 68% 43% 53% 51%
Auto mat ic
Vote r
High
3
0 0 1 1 1 0 0 2 1 1 1 0 0 0 0 0 1 1 0 0 0 0 1 0 0 0 0 0 0 0 1 0 0 1 0 0 0 1 1 1 1 0 1 0 0 0 1 0 0 0
1
0 0 0 0 0 1 0 1 1 0 0 0 1 0 0 1 0 0 0 1 1 0 0 1 0 0 1 0 0 1 0 0 0 1 1 0 1 0 0 0 1 0 0 0 0 0 1 0 1 1
3
0 0 3 0 0 3 0 3 0 0 0 0 0 0 3 0 3 0 3 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 3 0 0 0 0 0 0 3 0 0 3 0 0 0
3
0 0 0 0 0 0 0 0 3 0 0 0 3 0 0 3 0 0 0 3 0 0 0 3 0 0 3 0 0 3 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3
1
1 1 1 1 1 0 1 0 1 0 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1 0 1 0 1 1 1 1 1 1 1 1 1 1 0 1 1 1 1 1 1 0
11
1 1 5 2 2 4 1 6 6 1 2 1 5 0 4 5 5 2 4 5 2 1 2 5 1 1 5 0 4 4 2 0 1 6 N/A 2 1 5 2 2 2 3 1 1 4 1 1 6 1 5 4
2
1 1 1 1 2 1 1 1 2 1 0 1 1 2 0 2 0 1 1 2 2 2 1 2 2 1 1 2 2 2 2 2 2 2 1 1 0 2 2 2 0 1 1 0 1 2 1 2 2 0 2
2
0 2 2 2 2 2 0 0 2 2 2 2 2 2 2 2 2 0 2 2 2 0 0 0 0 0 2 2 2 0 0 2 0 2 2 2 2 2 0 0 0 2 2 2 2 2 0 2 2 2 2
1
0.5 0.5 0.5 0.5 1 0.5 0.5 0.5 1 0.5 0.5 0 0 1 0.5 1 1 1 1 1 1 1 1 1 1 0.5 1 1 0.5 1 1 0.5 1 0.5 0.5 0.5 0.5 1 1 0.5 0.5 1 0 1 0.5 1 0.5 0.5 0.5 1 1
1
0.5 0.5 0.5 0.5 1 1 1 0.5 1 1 1 1 1 1 0.5 1 1 1 1 1 1 1 0 1 0.5 0.5 1 1 1 1 1 1 1 0.5 1 1 0.5 1 0.5 0.5 0.5 0.5 0 1 1 1 0.5 1 1 0.5 1
1
0.3 0.5 0.9 0.9 0.8 0.6 0.7 1.0 0.8 0.8 0.7 0.6 0.8 0.9 0.8 0.9 0.9 0.7 0.4 1.0 0.8 0.8 0.6 0.8 0.9 0.5 0.9 0.9 0.9 0.7 0.7 0.9 0.6 0.8 0.9 0.6 0.8 0.8 0.8 0.3 0.8 0.8 0.8 0.5 1.0 0.6 0.8 0.7 0.6 0.6 0.8
7
2.3 4.5 4.9 4.9 6.8 5.1 3.2 3.0 6.8 5.3 4.2 4.6 4.8 6.9 3.8 6.9 4.9 3.7 5.4 7.0 6.8 4.8 2.6 4.8 4.4 2.5 5.9 6.9 6.4 4.7 4.7 6.4 4.6 5.8 5.4 5.1 3.8 6.8 4.3 3.3 1.8 5.3 3.8 4.5 5.5 6.6 2.8 6.2 6.1 4.1 6.8
2
2 0 0 0 2 0 0 2 1 0 2 0 0 0 0 2 2 2 2 0 2 0 2 0 2 2 2 2 0 0 0 2 2 0 0 2 0 0 0 0 0 2 0 2 0 0 0 2 2 2 0
Pre-
1
0 0 0 0 1 0 0 1 0 1 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0
3 2
0
21
5.3 5.5 9.9 6.9 11.8 9.1 4.2 12.0 13.8 7.3 8.2 6.6 9.8 6.9 7.8 13.9 11.9 7.7 11.4 12.0 11.8 5.8 6.6 9.8 7.4 5.5 12.9 8.9 10.4 8.7 6.7 8.4 7.6 12.8 N/A 9.1 4.8 12.8 6.3 6.3 3.8 10.3 4.8 7.5 9.5 7.6 3.8 14.2 9.1 11.1 10.8
0
0
3
0
0
3
1
1
2
1
0
0
0
2
2
2
2
0
3
0
2
0
2
2
2
2
0
0
0
2
2
1
N/A
2
0
1
0
1
0
2
0
2
0
0
0
2
2
2
45 T-43 17 T-35 T-10 T-21 48 T-7 3 34 27 T-38 T-18 T-35 28 2 9 29 12 T-7 T-10 42 T-38 T-18 33 T-43 4 24 15 25 37 26 T-30 T-5 * T-21 T-46 T-5 T-40 T-40 T-49 16 T-46 32 20 T-30 T-49 1 T-21 13 14
*North Dakota does not have voter registration. Applying only the non-voter registration metrics such as all of the voting metrics and the civics score the state receives 60% of the possible points (5.4 out of 9). If North Dakota is given 11 points available for voter registration and 1 point for pre-registration, its total score would be 17.4 out of 21 or 83%, the highest in the country. **As of May 31, 2011.24
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ENDNOTES
1 In 2010, there were approximately 4.6 million 17-year-olds, according to U.S. Census Bureau data, analyzed by CIRCLE and available at http://www.civicyouth.org/the-new-group-of-potential-youthvoters/. Divided by 365 days, it is estimated that more than 12,500 will turn 18 every day in 2011. 2 U.S. Census Bureau, Voting and Registration in the Election of November 2008 (May 2010). Available at www.census.gov/prod/2010pubs/p20-562.pdf. 3 The Lawyers Committee for Civil Rights Under the Law, Election Protection 2008: Helping Voters Today, Modernizing the System for Tomorrow (May 10, 2009). Available at http://www.866ourvote. org/tools/documents/files/0077.pdf. See also U.S. Census Bureau, Voting and Registration in the Election of November 2008 (May 2010). (Among 18- to 29-year-olds who did not register to vote, 21 percent said it was because they did not meet the registration deadline in their state and an additional 6 percent said they did not know how or where to register.) 4 U.S. Census Bureau, Current Population Survey, 2008 Annual Social and Economic Supplement (accessed May 2011). Available at http://www.census.gov/population/www/socdemo/migrate.html. 5 See ibid. Tables available at http://www.census.gov/hhes/migration/data/cps/cps2010.html. 6 U.S. Census Bureau, Voting and Registration in the Election of November 2008 (May 2010). Available at www.census.gov/prod/2010pubs/p20-562.pdf. 7 CIRCLE, Fact Sheet: Voter Registration Among Young People in 2008 (November 2010). Available at http://www.civicyouth.org/wp-content/uploads/2010/11/FS_10_Registration.pdf. 8 E.g., Michael McDonald, 2008 Current Population Survey Voting and Registration Supplement (May 2010). Available at http://elections.gmu.edu/CPS_2008.html. 9 Steven Carb and Regina M. Eaton, Voters Win with Same Day Registration (Demos, February 3, 2010). Available at http://www.demos.org/publication.cfm?currentpublicationID=AE8AB63E-3FF4-6C825DC59D5071F89C52. 10 North Carolina Civic Health Index (National Conference on Citizenship, 2010). Available at http:// www.ncoc.net/ncchi2010. 11 Pew Internet and American Life Project, Generations 2010 (Pew Research Center, December 2010). Available at http://pewinternet.org/Reports/2010/Generations-2010.aspx. 12 Matt Barreto, Bonnie Glaser and Karin MacDonald, Online Voter Registration (OLVR) Systems in Arizona and Washington: Evaluating Public Usage, Public Confidence and Implementation Processes (Pew Center on the States, April 1, 2010). Available at www.pewcenteronthestates.org/uploadedFiles/ wwwpewcenteronthestatesorg/Initiatives/MVW/online_voter_reg.pdf?n=2908.
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13 The Pew Center on the States, The Real Cost of Voter Registration (revised March 2010). Available at: http://www.pewcenteronthestates.org/report_detail.aspx?id=56478. 14 Kristian Foden-Vencil, Online Voter Registration Celebrates First Anniversary (Oregon Public Broadcasting, February 28, 2011). Available at http://news.opb.org/article/69165-online-voterregistration-celebrates-first-anniversary/. 15 Christopher Ponoroff and Wendy Weiser (editor), Voter Registration in a Digital Age (Brennan Center for Justice, July 13, 2010). Available at http://www.brennancenter.org/content/resource/voter_ registration_in_a_digital_age/. 16 42 U.S.C. 1973gg-4(b). 17 See, e.g., Peter Wallsten, In states, parties clash over voting laws that would affect college students, others (Washington Post, March 8, 2011). Available at http://www.washingtonpost.com/ wp-dyn/content/article/2011/03/06/AR2011030602662.html. 18 Jayme Fraser, Uneducated and unmotivated: Legislators attack integrity of student voters (Montana Kamin, February 1, 2011). Available at http://www.montanakaimin.com/news/uneducatedand-unmotivated-legislators-attack-integrity-of-student-voters-1.1951622. 19 Symm v. U.S., 439 U.S. 1105 (1979). 20 Information for the Upcoming Senate Rules and Adminstration Committee Hearing on the Uniformed and Overseas Absentee Voting Act (Congressional Research Service, May 11, 2009). 21 Moving Forward: 2010 OVF Post Election UOCAVA Survey Report and Analysis (Overseas Vote Foundation, February 2011). Available at: https://www.overseasvotefoundation.org/files/OVF_2010_ Post_Election_Survey_Report.pdf. 22 Civics 2010 National Assessment of Education Progress at Grades 4, 8, and 12 (National Center for Education Statistics, May 2011). Available at http://nationsreportcard.gov/civics_2010/. 23 See Michael McDonald, Voter Preregistration Programs (2009). Available at http://elections.gmu. edu/Preregistration_Report.pdf. 24 States will continue to enact laws that affect the overall scores, but changes that occurred after May 31, 2011 are not reflected here. Additionally, a brief note about what the 2011 version of the scorecard does not evaluate: state compliance with the National Voter Registration Act; college and university compliance with Higher Education Act requirements; access for people with disabilities; non-English language access; counting of provisional ballots; equipment and technology used to cast and count ballots; and usability of official state elections websites and whether they provide useful information about voter registration, absentee voting, or candidate and polling place information, for example. While some of these metrics potentially can have an impact on access to the political process, we were unable to include them in this years survey and scorecard. We will examine these for possible inclusion in future scorecards.
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