Category Archives: 2016 Election

Felony Disenfranchisement

I frequently am asked by students, colleagues, and the media, about how many people in the U.S. cannot participate in elections because of felony disenfranchisement laws. Given the patchwork quilt of felony disenfranchisement laws across the states, and a lack of readily available data, it’s often hard to estimate what the rate of felony disenfranchisement might be.

The Sentencing Project has released a report that provides information and data about felony disenfranchisement and the 2016 federal elections in the U.S. Here are their key findings, quoted from their report:

“Our key findings include the following:

– As of 2016, an estimated 6.1 million people are disenfranchised due to a felony conviction, a figure that has escalated dramatically in recent decades as the population under criminal justice supervision has increased. There were an estimated 1.17 million people disenfranchised in 1976, 3.34 million in 1996, and 5.85 million in 2010.

– Approximately 2.5 percent of the total U.S. voting age population – 1 of every 40 adults – is disenfranchised due to a current or previous felony conviction.

– Individuals who have completed their sentences in the twelve states that disenfranchise people post-sentence make up over 50 percent of the entire disenfranchised population, totaling almost 3.1 million people.

– Rates of disenfranchisement vary dramatically by state due to broad variations in voting prohibitions. In six states – Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia – more than 7 percent of the adult population is disenfranchised.

– The state of Florida alone accounts for more than a quarter (27 percent) of the disenfranchised population nationally, and its nearly 1.5 million individuals disenfranchised post-sentence account for nearly half (48 percent) of the national total.

– One in 13 African Americans of voting age is disenfranchised, a rate more than four times greater than that of non-African Americans. Over 7.4 percent of the adult African American population is disenfranchised compared to 1.8 percent of the non-African American population.

– African American disenfranchisement rates also vary significantly by state. In four states – Florida (21 percent), Kentucky (26 percent), Tennessee (21 percent), and Virginia (22 percent) – more than one in five African Americans is disenfranchised.”

This looks like a useful resource for those interested in understanding the possible electoral implications of felony disenfranchisement laws across the U.S.

Media exit polls, election analytics, and conspiracy theories

The integrity of elections is a primary concern in a democratic society. One of the most important developments in the study of elections in recent decades has been the rapid development of tools and methods for evaluation of elections, most specifically, what many call “election forensics.” I and a number of my colleagues have written extensively on election evaluation and forensics; I refer interested readers to the book that Lonna Atkeson, Thad Hall, and I wrote, Evaluating Elections, and to the book that I edited with Thad and Susan Hyde, Election Fraud.

One question that continues to arise concerns whether observed differences between election results and media exit polls is evidence of electoral manipulation or election fraud. These questions have been raised in a number of recent U.S. presidential elections, and have come up again in the recent presidential primary elections in the U.S. In a recent piece in the New York Times, Nate Cohn wrote about these claims, and why we should be cautious in the use of media exit polls to detect election fraud. Each of the points that Cohn makes is valid and important, so this is an article worth reading closely.

I’d add to Cohn’s arguments, and note that while media exit polls have clear weaknesses as the sole forensic tool for determining the integrity of an election, we have a wide variety of other tools and methods to use in situations where there are questions raised about an election.
As Lonna, Thad and I wrote in Evaluating Elections, a good post-election study of an election’s integrity should involve a variety of data sources and multiple methods: including surveys and polls, post-election audits, and forensic analysis of disaggregated election returns. Each analytic approach has it’s strengths and weaknesses (media exit polls included), so by approaching the study of election integrity using as many data sources and different methods as we can, we can best locate where we might want to launch further investigation of potential problems in an election.

I have no doubt that we will hear more about the use of exit polls to evaluate the integrity of the presidential election this fall. Keep in mind Cohn’s cautionary points about using exit polls for this purpose, and also keep in mind that there are many other ways to evaluate the integrity of an election that have been tested and used in past elections. Media exit polls aren’t a great forensic tool, as Cohn argues: the types of exit polls that the news media uses to make inferences about voting behavior are not designed to detect election fraud or manipulation. Rather, those interested in a detailed examination of an election’s integrity should instead use the full array of analytic forensic tools that have been developed and tested in the research literature.

Here we go again? Ballot design and the June California primary

Political observers will remember the 2003 California gubernatorial recall election, where 135 candidates ran in the election to replace Governor Davis. Rod Kiewiet and I wrote about how this complex election produced difficult decision problems for voters, and in a different paper (with Goodrich, Kiewiet, Hall and Sled) I also wrote about how the complexity of the recall election posed administrative problems for election officials.

The upcoming June primary in California is shaping up as one where again we have a complicated race, though this time it is for the U.S. Senate. In the primary for the U.S. Senate there are 34 candidates competing to win the primary, and to move on to the general election in November. There have been a few preliminary reports in the media about how the crowded ballot might be problematic for voters when they try to find their candidates in the primary election.

So I took a look at the sample Democratic ballot for Los Angeles County, which is reproduced below. The first page is designed to tell voters that the ballot for the U.S. Senate will have two pages, and it reproduces each page.

sample-ballot_Page_1

The next two pages show what the ballot will look like in L.A. County; in this example, there are 19 candidates listed on the first page, and 15 candidates listed on the second page. The way this ballot is laid out, voters would need to look for their candidate on the first page, and then if they don’t find their candidate listed there, flip to the second page to find their preferred candidate.

sample-ballot_Page_2

sample-ballot_Page_3

This is just an example from L.A. County, which uses a unique voting system (“InkaVote”). While the sample ballot provides ample warnings to voters to only vote for one candidate, and to check both pages for their candidate of choice, there’s a good chance that we’ll see voters make mistakes. In particular, we may see a increased risk of overvotes for the U.S. Senate race, as some voters may not understand that they are only supposed to vote for one candidate (or not see the warnings) and instead may believe they are supposed to make a mark for a candidate on each page. We may also see voters get confused and just skip this race, which might result in an increased rate of undervoting in this election.

As other counties are using different ballot designs and layouts for this race, this is just an example of what might happen in L.A. County. Given the complexity of this ballot and election, there’s a good chance that we might see increased rates of both undervoting and overvoting across the state this June, though the exact causes for that will depend on the specifics of ballot design and layout in each county.

Whether these designs and layouts lead to systematic voter errors of the sort seen in 2000 is not clear at this point, as I’ve not had a chance yet to look at sample ballots from many of the larger counties in the state. However, we do know from research published about the infamous “butterfly ballot” used in Palm Beach County in the 2000 presidential election, even a relatively small number of voter mistakes can be influential in a close election (see the paper by Wand et al. on the butterfly ballot). If the U.S. Senate primary is close in June, we could see some scrutiny of ballot design and layout, and whether problems with design and layout may have led to voter error.

Making sure that California election officials are ready for the upcoming primary

California’s statewide primary is approaching rapidly, and it sounds as if voter interest in the primary is building. This could be an important test of the state’s top-two primary system, and it might the first time that we see strong voter turnout under the top-two. Clearly election officials throughout the state need to be prepared — there might be a lot of last-minute new registrants, a lot of ballots cast by mail, and perhaps many new voters showing up on election day. The LA Times editorialized about this exactly concern, “How do we prevent the California primary from becoming another Arizona?”.