Reframing the Election Fraud Debate

Public trust in our elections is eroding. While the general public still seems to accept election results, there is an undercurrent of bitterness that has grown tremendously over the last few years. There is a rapidly expanding body of literature on the Internet about the "stolen election of 2004," and several books on election fraud have recently been written. More are in the works.

Theories of widespread election fraud are highly debatable, to say the least. Some people enjoy that debate. I do not. It encourages a sense of hopelessness and consumes energy that could instead be focused on long-term changes that could give us elections we can trust.

The election fraud debate frames the problem incorrectly. The question should not be whether there is widespread election fraud. It should be: "Why should we trust the results of elections?" It's not good enough that election results be accurate. We have to know they are accurate -- and we don't.

In a word, elections must be transparent. People must be able to assure themselves that the results are accurate through direct observation during the election and examination of evidence afterwards.

U.S. elections are far from transparent. Instead, winning candidates and election officials alike tend to put all their efforts into suppressing recounts. That attitude has led to increasing bitterness with each national election, at least since Florida 2000.

But we can conclusively win a debate about election transparency. And while making elections more transparent will be difficult, it is more feasible than solving many of our other national problems. All that is required for success is a long-term strategy and a commitment from many citizens at the grassroots level, since politicians and election officials are not going to solve the problems on their own.

Here are some initial thoughts on how we can do it. I propose a four part solution: We need to ensure that voting technology is transparent; election procedures need to be rethought to emphasize openness, security and checks and balances; election laws need to be revised to support these points and to make it easy for candidates to get reliable, manual recounts; finally, citizens need to participate in witnessing elections and making sure they are conducted properly.

Questions about voting technology have been in the spotlight in the last few years. The first concerns were about accuracy, inspired by the problems with punch cards in the 2000 election. The supposed solution to that problem lead to plans for the widespread adoption of paperless electronic voting. But paperless e-voting is totally opaque -- no one can observe the handling of the (electronic) ballots. The hardware and software of modern computer systems are designed and built by thousands of specialists: Decades have passed since a single person could comprehend an entire computer system. As a result, there is no way to ensure that such voting systems are accurate or honest.

Right now, the only feasible solution to the insecurity of electronic voting is a universal requirement for voter-verified paper records of all ballots (VVPR). We also need to pass laws that enable candidates to obtain manual recounts easily and inexpensively. There is now a national movement to make sure this technology is used, and it's winning, slowly but surely. Since the 2004 election, state after state has passed laws requirement VVPRs, and others have required VVPRs by administrative decree. In most states, this is the result of grassroots activism by citizens groups with support from national groups. A recent example of an outstanding success is New Mexico's law requiring paper ballots, marked by the voters, which was signed March 2.

There remains much to do on the technology front, including converting hard-core e-voting states like Texas, Florida, and Georgia to VVPR (or, better, adopting a nationwide law, such as the one proposed by Rep. Rush Holt in the House or the one proposed by Sen. John Ensign). Also, the system for certifying voting technology at the state and national level is completely broken. But these problems can be solved with time and dedicated activism.