Early Voting

Not so long ago, Americans assembled on one designated day — Election Day — to choose our national leaders.

For those unable to cast votes on Election Day, early voting and absentee ballots are available options. In-person early voting has the advantage of the individual citizen at a polling place after check-in by election officials.

Today, however, early voting periods have been stretched to absurd lengths, with some states beginning their voting for the November election more than a month or more in advance. There is no empirical evidence that early voting increases turnout, but it does have serious downsides, including:

    • Producing less-informed voters. After casting an early ballot, a voter checks out of the national debate regardless of what happens. They won’t care about the televised debates, won’t consider options, and won’t fully participate in the political process. Many voters have occasionally complained to election officials and representatives of a desire to recast their vote because they have changed their mind. In most, if not all states, this is impossible to do with early voting.
    • Increasing election administration and campaign costs. Elections that drag on for weeks require the logistical costs of administering an election, including more poll workers and salaries associated with the voting process.
    • Facilitating double voting and vote fraud. Counties that utilize early voting need to have the necessary technology to ensure simultaneous verification and record of vote history. Early voting allows voters to vote anywhere in the county, not simply in their precinct. The jurisdictions must have the necessary voting equipment, statewide registration system, and electronic poll book system to prevent individuals from voting more than once in the state or county during the early voting period. It is also more difficult for political parties to secure sufficient poll watchers to monitor polling places for an extended early voting period.

ACRU Commentary

News

ACRU Wins Consent Decree in Third Mississippi County to Clean Up Voter Rolls

ALEXANDRIA, VA (Nov. 30, 2015) - The (ACRU) has settled its federal lawsuit against the Clarke County, Mississippi Election Commission, marking the third time a Mississippi county has agreed by consent decree to clean up its voter rolls. In July, ACRU, represented by the Public Interest Legal Foundation (PILF), sued the county because it has more voters on the rolls than living citizens. The lawsuit, filed by PILF and Mississippi attorney Henry Ross, alleged a violation of Section 8 of the National Voter Registration Act (NVRA), which requires maintenance of accurate voter rolls. In 2013, the ACRU secured Section 8 agreements with Walthall and Jefferson Davis counties, and two weeks ago, on Nov. 12, sued a fourth Mississippi county, Noxubee, over its corrupted voter rolls. The agreement between the parties was approved by the U.S. District Court for the Southern District of Mississippi, Hattiesburg Division, on Nov. 25. The agreement requires the Commission to begin identifying and removing voters who are no longer eligible to vote in Clarke County as early as April 2016. The ACRU originally notified the Commission by letter in June 2014 that its voter rolls were potentially in violation of federal election law. According to U.S. Census data and other public records, Clarke County, Mississippi had 12,646 registered voters, despite having a voting-age population of only 12,549. The Commission never responded to the notice letter. The agreement also requires the Commission to periodically notify the ACRU in writing about the Commission's efforts to clean up its voter rolls. "Corrupted voter rolls have been a problem in Clarke County for years," said ACRU Policy Board member J. Christian Adams, who is president and general counsel of the Public Interest Legal Foundation. "This settlement is a positive step towards a cure and should give Mississippians confidence that their legitimate votes will not be cancelled out by an ineligible voter." The Obama Justice Department has shut down enforcement of Section 8 of the NVRA and thus allowed voters rolls around the nation to remain corrupted and filled with ineligible registrations. The ACRU is the only private party under NVRA to successfully sue to clean up county voter rolls.

ACRU v. Clarke County, Miss — Consent Decree

ALEXANDRIA, VA (Nov. 30, 2015) - The (ACRU) has settled a federal lawsuit against the Clarke County, Mississippi Election Commission, marking the third time a Mississippi county has agreed by consent decree to clean up [...]

ACLU Moves to Strike Down Kansas Citizenship Voting Rule

The American Civil Liberties Union and Secretary of State Kris Kobach jockeyed for legal advantage Friday in a court case challenging Kobach's implementation of the state's voter proof-of-citizenship law. Representing Kansas voters who can cast ballots in federal races, but not state and local elections, the ACLU filed a motion for summary judgment that would strike down Kobach's two-tier voting system without a trial. Nearly simultaneously, Kobach filed a motion that would allow him to immediately appeal a judge's ruling that he overstepped his authority by dividing voters into two voting camps, those who registered using a state form and those who registered using a federal form. The case is important because it could let people work around a state law - authored by Kobach - that requires prospective registrants to show documents proving their citizenship before they are granted voting privileges. The proof-of-citizenship requirement is separate from the requirement that voters have to show photo ID when they cast a ballot. While a driver's license is sufficient for Election Day voter ID, the state's voter-registration form requires a higher level of documentation. That can usually be met only with a birth certificate, passport, or special papers issued to foreign-born and tribal citizens. The federal registration form accepts a sworn statement from the voter, signed under penalty of perjury, as proof of citizenship. At Kobach's direction, only voters who can document proof of citizenship are allowed to vote in all federal, state and local elections. Voters who register with the federal form without providing their citizenship papers are only allowed to vote in federal races for president and members of Congress.

Fix Sought for Texas Voter ID Law Before Fall Elections

AUSTIN -- The Obama administration and several civil rights groups are urging a federal appeals court to fast-track the process of temporarily fixing Texas' voter ID law in time for the Nov. 3 elections. In court filings Thursday, the Justice Department and civil rights groups asked the 5th U.S. Circuit Court of Appeals to allow a lower court to immediately start working on an interim remedy to the law passed in 2011 by the state's Republican-led Legislature. A three-judge panel at the 5th Circuit ruled in part earlier this month that Texas' strict voter ID measure violates Section 2 of the Voting Rights Act. The 5th Circuit bounced a portion of the case back to a federal court in Corpus Christi and instructed it to correct the law ahead of the upcoming elections while the rest of the case works through the courts. The 5th Circuit noted the lower court should craft a remedy that would "avoid election eve uncertainties and emergencies." However, the 5th Circuit is set to retain jurisdiction of the case until Sept. 28. The Justice Department and the civil rights groups argue that timeline might not allow for an interim solution to be put in place across the state for early voting, which starts Oct. 19. They've asked the 5th Circuit to allow the federal court in Corpus Christi to come up with a fix earlier.

Clinton Calls for Sweeping Expansion of Voting Registration

HOUSTON -- Hillary Rodham Clinton on Thursday called for sweeping changes in national voter-access laws aimed at making it easier for young people and minorities to take part in elections, putting her on a collision course with Republicans who say such measures are a political ploy that would lead to widespread abuses. In a speech at a historically black college here, Clinton called for federal legislation that would automatically register Americans to vote at age 18 and would mandate at least 20 days of early voting ahead of election days in all states. Making her most fiercely partisan political speech since her first, failed run for president in 2008, Clinton attacked Republicans for what she characterized as a calculated attempt to turn back the clock on voting rights -- and called out several potential 2016 opponents by name for backing voter restrictions as governors.

Rasmussen Poll: Nearly 8 in 10 Back Voter ID

Despite Democratic charges that conservative states and politicians are engaging in discrimination by demanding that voters show identification, more than three-quarters of likely voters believe photo ID laws are needed. A new Rasmussen Reports poll out Wednesday found support for photo ID laws at 76 percent, nearly exactly the 78 percent support registered in 2006 when the latest movement to scrap the laws kicked off. President Obama and several top Democrats have accused Republicans of attempting to keep minorities from the polls with the photo requirement, but even their own party faithful don't agree. Rasmussen found that 58 percent of Democrats believe a photo ID must be shown before voting. Ninety-two percent of Republicans and 78 percent of voters not affiliated with either major party support photo ID rules.