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Election policy disputes in the 2016 elections
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Election policy dictates the conditions under which American citizens vote, encompassing issues such as voter registration, early voting, absentee voting, and voter ID requirements. In addition, election policy determines how candidates get their names on election ballots and how electoral districts are drawn.
This page summarizes some of the key election policy issues debated in 2016, as well as the stances of political parties and presidential candidates on these issues. In addition, this page identifies relevant state and local ballot measures that appeared on voters' ballots in 2016. Click on the tabs below to learn more.
Major issues
Voter identification laws
- See also: Voter identification laws by state
As of November 2016, 31 states enforced voter identification requirements. A total of 16 states required voters to present photo identification, while 15 accepted other forms of identification. In some states, a voter who was unable to present valid identification might have been permitted to vote without casting a provisional ballot (known as a non-strict requirement). In eight of the 16 states that required a photo ID, the requirement was non-strict. In 12 of the 15 states that required non-photo identification, the requirement was non-strict. In the remaining states, voters without valid forms of identification were required to cast provisional ballots (known as a strict requirement). Valid forms of identification differed by state. Commonly accepted forms of ID included driver's licenses, state-issued identification cards, and military identification cards.[1][2]
Early voting
- See also: Early voting
Early voting allows citizens to cast ballots in person at a polling place before an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that do not permit no-excuse early voting may still allow some citizens to vote early, provided they can demonstrate valid reasons for doing so. This practice is known as in-person absentee voting.
No-excuse absentee voting
- See also: Absentee voting
An absentee ballot is a printed ballot that a voter completes and submits without visiting a polling place. In some states, a voter must be able to prove that he or she is unable to vote on Election Day in order to vote absentee; valid reasons for being unable to vote on Election Day include illness, disability, work obligations, and more. In other states, any voter may cast an absentee ballot. This latter process is known as no-excuse absentee voting. As of November 2016, no-excuse absentee voting was available in 27 states and the District of Columbia.[3]
Online voter registration
- See also: Online voter registration
Watch Ballotpedia's webinar on election policy conflicts in the 2016 election
Traditionally, paper-based systems have been used by states to register voters. Under these systems, a prospective voter completes a paper form and submits it to election officials. Officials then review the registration and, if appropriate, approve it, adding the voter's name to the state's voter registration rolls. With an online registration system, "the voter fills out a form via an internet site, and that paperless form is submitted electronically to election officials."[4]
As of November 2016, 30 states, including Washington, D.C., had implemented online voter registration systems. Another three states had passed legislation or adopted regulations authorizing online voter registration; systems in these states had not yet become active as of November 2016. The remaining states did not permit online voter registration.[4]
Same-day voter registration
- See also: Same-day voter registration
Throughout the United States, citizens must register in order to be eligible to vote. Generally, voters are required to register or update their registrations several days or weeks in advance of an election. Some states, however, permit same-day registration, which allows voters to register and vote on the same day. Same-day registration is sometimes referred to as Election Day registration.[5]
Redistricting
- See also: Redistricting
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. All United States representatives and state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity. [6]
Redistricting is a contested issue, due to gerrymandering, the practice of drawing district lines to favor one political party, individual, or constituency over another. Two areas of contention include the following:
- Competitiveness: Political parties or incumbents sometimes draw district lines for their benefit at the expense of proportionality and fair representation.[7]
- Race and ethnicity: District lines sometimes minimize the influence of minority voters by disproportionately consolidating them within single districts or splitting them across several districts. These practices are examples of "packing" and "cracking," respectively.[7][8][9][10]
In most states, the legislatures are primarily responsible for redistricting. While the redistricting cycle immediately prior to the 2016 election concluded in 2012, maps in several states, including North Carolina and Virginia, were the subject of ongoing litigation and debate at the time.
Voting Rights Act
- See also: Voting Rights Act
The Voting Rights Act of 1965 is a federal law that prohibits racial discrimination in voting, according to legal scholars. The act was passed in 1965 with the intent of enforcing the Fifteenth Amendment of the United States Constitution. The act contains provisions that prohibit state and local governments from passing voting laws that result in discrimination against a racial group. Practices prohibited under the Voting Rights Act include literacy tests and other devices that have historically been used to disenfranchise racial minorities.[11][12]
In addition to the general provisions that apply nationally, the act also contains special provisions, such as Section 5, that apply only to specific jurisdictions. Section 5 prohibits certain districts from implementing any change in voting law without prior approval from the United States Attorney General of the U.S. District Court for the District of Columbia. Shelby County v. Holder, a 2013 United States Supreme Court case, struck down the coverage formula used to determine which jurisdictions were subject to Section 5 as unconstitutional. As such, Section 5 is currently unenforceable.[11][13]
Section 2 of the Voting Rights Act of 1965 mandates that electoral district lines cannot be drawn in such a manner as to "improperly dilute minorities' voting power."[14]
States and other political subdivisions may create majority-minority districts in order to comply with Section 2 of the Voting Rights Act. A majority-minority district is a district in which minority groups comprise a majority of the district's total population.[8][9][10]
Federal campaign finance laws
Federal campaign finance laws regulate the use of money in federal elections. According to the Congressional Research Service, current federal campaign finance laws regulate the sources, recipients, amounts, and frequency of contributions to political campaigns, as well as the purposes for which donated money may be used. Federal campaign finance laws also emphasize regular disclosure by candidates through required reports.
The first federal campaign finance law was enacted in 1907. In the years following the enactment of that law, campaign finance has continued to be a source of contention in American politics. The Federal Election Campaign Act of 1971, the Bipartisan Campaign Reform Act of 2002, and a series of federal court cases, including Buckley v. Valeo and Citizens United v. Federal Election Commission, together form the foundation of federal campaign finance law.
Federal campaign finance laws apply only to candidates and groups participating in federal elections (i.e., congressional and presidential elections). States enact and enforce their own campaign finance laws for state and local elections. To learn more about state campaign finance laws, see this article.
Policy analysis
Voter identification
In 1950, South Carolina became the first state to require voters to present identification at the polls. Although a handful of states followed suit over the course of the next several decades, ID requirements were not the norm as of 2000. By 2010, a majority of states either required or requested some form of identification from voters at the polls. The graphic below depicts the expansion of voter identification laws from 2000 to 2016.[15]
This expansion of voter identification requirements correlates with an increased number of Republican state government trifectas. A trifecta occurs when one political party controls a state's governorship, senate, and house. The graphic below depicts state government trifectas from 2000 to 2016.
Between 2010 and 2016, the number of Republican trifectas nearly tripled, increasing from eight to 23. During that same period, the number of states either requiring or requesting that voters present photo identification at the polls nearly doubled, increasing from eight to 17. The number of states that did not require voters to present any form of identification at the polls decreased substantially (24 states in 2010 to 17 states in 2016).
National races
Summary
2016 Democratic Party Platform
The following are excerpts from the 2016 Democratic Party Platform:[16]
| “ | We believe that we must protect Americans’ right to vote, while stopping corporations’ outsized influence in elections. We must rectify the Supreme Court decision gutting the Voting Rights Act, which is a profound injustice. We will stop efforts by Republican governors and legislatures to disenfranchise people of color, low-income people, and young people, and prevent these voters from exercising their right to vote through onerous restrictions. We will ensure that election officials comply with voting protections, including provisions mandating bilingual materials and voter assistance.[17] | ” |
| —2016 Democratic Party Platform | ||
| “ | Democrats believe we must fight to preserve the essence of the longest standing democracy in the world: a government that represents the American people, not just a handful of powerful and wealthy special interests. We will fight for real campaign finance reform now. Big money is drowning out the voices of everyday Americans, and we must have the necessary tools to fight back and safeguard our electoral and political integrity.[17] | ” |
| —2016 Democratic Party Platform | ||
2016 Republican Party Platform
The following are excerpts from the 2016 Republican Party Platform:[18]
| “ | We are concerned ... that some voting procedures may be open to abuse. For this reason, we support legislation to require proof of citizenship when registering to vote and secure photo ID when voting. We strongly oppose litigation against states exercising their sovereign authority to enact such laws. In addition, to guarantee that everyone’s vote is counted, we urge that electronic voting systems have a voter-verified paper audit trail.[17] | ” |
| —2016 Republican Party Platform | ||
| “ | The rights of citizenship do not stop at the ballot box. Freedom of speech includes the right to devote resources to whatever cause or candidate one supports. We oppose any restrictions or conditions that would discourage citizens from participating in the public square or limit their ability to promote their ideas, such as requiring private organizations to publicly disclose their donors to the government. Limits on political speech serve only to protect the powerful and insulate incumbent officeholders.[17] | ” |
| —2016 Republican Party Platform | ||
Presidential candidates
Hillary Clinton
- In an op-ed published on CNN.com on January 21, 2016, Hillary Clinton said that she would restore and expand the Voting Rights Act. “All Americans should be automatically registered to vote on their 18th birthdays, unless they opt out. Every state should have at least 20 days of early in-person voting. And no one should ever have to wait more than 30 minutes to cast a ballot,” she wrote.[19]
- In 2015, Clinton released her plan for campaign finance reform, which included "a push for legislation that would require greater public disclosure of political spending, establish a matching system for congressional and presidential candidates, and support a Securities and Exchange Commission rule requiring publicly traded companies to disclose political spending to shareholders." Clinton said that she opposed Citizens United v. Federal Election Commission, in which the United States Supreme Court struck down corporate spending limits in elections. Clinton's campaign website said she would "appoint Supreme Court justices who value the right to vote over the right of billionaires to buy elections" and "push for a constitutional amendment to overturn Citizens United in order to restore the role of everyday voters in elections."[20][21]
Donald Trump
- Donald Trump criticized campaign finance laws. During the first Republican presidential debate on August 6, 2015, Trump said, "I will tell you that our system is broken. I gave to many people. Before this, before two months ago, I was a businessman. I gave to everybody. When they call, I give. And you know what? When I need something from them, two years later, three years later, I call them. They are there for me. And that's a broken system."[22]
- Trump called political action committees and super PACs horrible. Although federal law prohibits candidates from coordinating with super PACs, Trump argued that this prohibition was ineffective. "First of all, everyone's dealing with their PAC. You know, it's supposed to be like this secret thing. They're all dealing with it," said Trump.[23]
Gary Johnson
- Johnson opposed contribution limits. He also said that disclosure was not necessary. In a 2001 interview with Playboy, Johnson said, "The problem isn't large contributions. The problem is that we don't know who contributed. If you limit contributions from an individual to, say, $1000, then I think just the opposite occurs. Then you have politicians beholden to way too many people."[24]
- In 2012, Johnson issued a press statement about voter ID laws. "While ballot integrity is clearly important, I am concerned that the growing trend among states to require photo ID's for voting poses a risk of broad vote suppression, particularly among the elderly and minorities, that outweighs the questionable benefits," Johnson said.[25]
Jill Stein
- Jill Stein supported the following electoral reforms: abolition of the electoral college, implementation of instant runoff voting and proportional representation, public campaign financing, and same-day voter registration.[26]
- Stein disagreed with the decision of the United States Supreme Court in Citizens United v. Federal Election Commission. Stein said, "We now have influence-peddling on steroids with Citizens United and the super PACs. And Obama raising $1 billion for his campaign alone. We have a political system which is completely disconnected with the public, and connected instead with those with deep pockets who can find these campaigns with such extreme amounts."[26]
Ballot measures
Election and campaign policy ballot measures
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Ballotpedia tracked the following election and campaign policy ballot measures in 2016.
Certified election policy ballot measures
- Maine Question 5, Ranked-Choice Voting Initiative (2016)Template:Yesbox.defaultTemplate:Nobox.default
- South Dakota Amendment V, Top-Two Primary Amendment (2016)
A "yes" vote was a vote in favor of establishing nonpartisan elections. A "no" vote was a vote against establishing nonpartisan elections.
Proposed election policy ballot measures
The following election and campaign policy ballot measures did not make the ballot in 2016:
- Vermont Plurality Vote for Governor Amendment (2016)
- New Mexico Dates for School Elections Amendment (2016)
- New Mexico Registration for Qualified Electors Amendment (2016)
- New Mexico School Elections Amendment (2016)
- Massachusetts "Corporations Are Not People" Initiative (2016)
- Missouri State Legislature Campaign Contribution Limits Amendment (2016)
- Missouri Legislative Limitations Initiative (2016)
- Missouri Felon Voter Amendment (2016)
- Missouri Legislature Age Eligibility Amendment (2016)
- Missouri Public Campaign Finance Initiative (2016)
- Missouri Voter Identification Amendment (2016)
- Missouri House of Representatives Reduction Amendment (2016)
- Missouri State and Local Campaign Contribution Amendment (2016)
- Missouri Electing House Members Initiative (2016)
- Arkansas Voter Identification Amendment (2016)
- Arkansas Single Candidate Elections Amendment (2016)
- Arkansas Election of Judicial Officials Amendment (2016)
- Nevada Voter Identification Initiative (2016)
- Washington Petitioning Industry Accountability Initiative (2016)
- Arkansas Wet-Dry Election Act (2016)
- Arkansas Campaign Finance Act (2016)
- Arkansas Campaign Finance Disclosure Initiative (2016)
- Kentucky Dates of Executive Elections Amendment (2016)
- Hawaii "Money is not Free Speech" Amendment (2016)
- North Dakota Fiscal Impact Initiatives on General Election Ballot Amendment (2016)
- California Non-Partisan Ballots Initiative (2016)
- Colorado Automatic Voter Registration Initiative (2016)
- California Federal Campaign Advertisements Certification Initiative (2016)
- California Nonpartisan Ballots Initiative (2016)
- California Online Voting System Initiative (2016)
- Oregon Voter Privacy Initiative (2016)
See also
- United States Congress elections, 2016
- State executive official elections, 2016
- State legislative elections, 2016
Footnotes
- ↑ National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," January 4, 2016
- ↑ The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
- ↑ National Conference of State Legislatures, "Absentee and Early Voting," October 21, 2014
- ↑ 4.0 4.1 National Conference of State Legislatures, "Online Voter Registration," September 22, 2015
- ↑ Pew Center on the States, "Inaccurate, Costly, and Inefficient: Evidence That America's Voter Registration System Needs an Upgrade," February 2012
- ↑ All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
- ↑ 7.0 7.1 All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ 8.0 8.1 Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ 9.0 9.1 The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ 10.0 10.1 Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 11.0 11.1 OurDocuments.gov, "Transcript of Voting Rights Act (1965)," accessed July 21, 2015
- ↑ History.com, "Voting Rights Act," accessed July 21, 2015
- ↑ SupremeCourt.gov, "Shelby County Alabama v. Holder, Attorney General, et al.," accessed July 21, 2015
- ↑ Yale Law School, The Avalon Project, "Voting Rights Act of 1965; August 6, 1965," accessed April 6, 2015
- ↑ National Conference of State Legislatures, "Voter ID History," January 4, 2016
- ↑ Democratic Platform Committee, "2016 Democratic Party Platform," July 21, 2016
- ↑ 17.0 17.1 17.2 17.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Republican National Convention, "Republican Platform 2016," accessed August 5, 2016
- ↑ CNN Politics, "Hillary Clinton: The cure for Citizens United is more democracy," January 21, 2016
- ↑ Hillary for America, "Campaign finance reform," accessed February 18, 2016
- ↑ The New York Times, "Hillary Clinton Announces Campaign Finance Overhaul Plan," September 8, 2015
- ↑ The Huffington Post, "Donald Trump and Campaign Finance Reform," August 31, 2015
- ↑ The Hill, "Trump open to campaign finance reform," January 17, 2016
- ↑ On The Issues, "Gary Johnson on Government Reform," accessed June 21, 2016
- ↑ ProCon.org, "Should voters be required to show photo identification in order to vote?" accessed June 21, 2016
- ↑ 26.0 26.1 OnTheIssues, "Jill Stein on Government Reform," accessed June 21, 2016
