| United States: Integrity Scorecard Report > Sub-Category: Election Integrity | ||
| Indicators | Score | |
| 17 | In law, is there an election monitoring agency or set of election monitoring agencies/entities? | 100 |
| 18 | Is the election monitoring agency effective? | 55 |
| 19 | Are elections systems transparent and effective? | 92 |
Indicator and sub-Indicator Details
| 17 | In law, is there an election monitoring agency or set of election monitoring agencies/entities? | |||||||
| 17: In law, is there an election monitoring agency or set of election monitoring agencies/entities? | ||||||||
|
||||||||
|
Comments: References: While the Federal Electoral Commission enforces campaign finance rules for federal offices, administration and monitoring of all elections takes place at the state level, typically under the office of the state secretaries of state. A new agency, the U.S. Election Assistance Commission (EAC) was established by the Help America Vote Act of 2002 (HAVA) as a national clearinghouse and resource for information and review of procedures with respect to the administration of Federal elections. Currently, the EAC lacks any enforcement powers, although its budget has increased over time. [ LINK ]
Peer Review Comments: It's Federal Election Commission.
|
||||||||
| 18 | Is the election monitoring agency effective? | |||||||
| 18a: In law, the agency or set of agencies/entities is protected from political interference. | ||||||||
|
||||||||
|
Comments: References: The vast majority of secretaries of state are elected positions, making them highly political. [ LINK ] As the Oregon's largest newspaper editorializes, "in Oregon and 36 other states, the secretary of state is both player and umpire, running elections and running campaigns at the same time. The Oregonian, February 18, 2006. This arrangement raised little controversy until recently, when the presidential election results in Florida (2000) and in Ohio (2004) became extremely controversial, in part because in each case the overseeing secretaries of state also helped direct President Bush's election campaign in those states. For an example of lingering animosity and suspicion, see: Robert F. Kennedy, Jr., "Was the 2004 Election Stolen?" Rolling Stone, June 1, 2006. The political importance of the position has made it increasingly coveted by party leaders. See: Jill Lawrence, "Top vote counter becomes prize job," USA Today, August 17, 2006.
Peer Review Comments: I am not sure whether the Federal Election Commission should be mentioned here, although, with the discusson over the appointment of Hans A. von Spakovsky as a commissioner, inclusion of the FEC would not change my view that the answer to this question is "no."
|
||||||||
| 18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency. | ||||||||
|
||||||||
|
Comments: References: A review of secretaries of state biographies reveals many in the position lack professional election experience prior to assuming the post, beyond being elected to office. See: National Association of Secretaries of State, [ LINK ] At the national level, Federal Election Commission appointees are typically loyal partisans. For example, President Bush's most recent appointee, Hans von Spakovsky, was a former Republican Party chairman in Georgia. "Democrats Criticize Bush's FEC Nominee," Associated Press, June 13, 2007. "He failed to understand his role was not to be a representative of the Republican Party," said Joseph Rich, a former voting section chief who worked under von Spakovsky, who was then counsel to the assistant attorney general for civil rights. "Hearing on FEC Pick Could Add Fuel to Debate Over Justice Dept." Washington Post, June 8, 2007.
Peer Review Comments: Unfortunately, "to the victor, go the spoils."
|
||||||||
| 18c: In practice, the agency or set of agencies/entities has a professional, full-time staff. | ||||||||
|
||||||||
|
Comments: References: Nearly all offices of secretary of state have professional, full-time staff, with the number ranging from 7 in Wisconsin to 443 in California. [ LINK ]
Peer Review Comments: The Federal Election Commission had a full-time staff of 391 as of July 14, 2004. See: [ LINK ]
Peer Review Comments: Maybe describe the Federal Election Commission structure.
|
||||||||
| 18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle. | ||||||||
|
||||||||
|
Comments: References: The vast majority of secretaries of state file election reports. [ LINK ]
Peer Review Comments: The Federal Election Commission also issues periodic reports. See: [ LINK ]
Peer Review Comments: Media also reports, using exit polls.
|
||||||||
| 18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders. | ||||||||
|
||||||||
|
Comments: References: Non-financial complaints regarding federal election irregularities (as well as all state and local election issues) are overseen by secretaries of state or similar agencies. The Help America Vote Act of 2002 revised state-based administrative complaint procedures to remedy grievances (Sec. 402). However, election fraud continues to be a major concern: See, for example, Wall Street Journal columnist John Fund's Stealing Elections: How Voter Fraud Threatens Our Democracy, Encounter Books, 2004.
Peer Review Comments: The Federal Election Commission also regularly imposes fines on campaigns for violating campaign financing laws.
|
||||||||
| 19 | Are elections systems transparent and effective? | |||||||
| 19a: In practice, there is a clear and transparent system of voter registration. | ||||||||
|
||||||||
|
Comments: References: The registration process works effectively for the vast majority of voters, but concerns remain about barriers that affect traditionally disenfranchised voters. See: "Federal Office to Probe Vote Procedures," Boston Globe, November 24, 2004. Numerous NGOs focus solely on improving voting conditions. See, for example, the Center for Voting and Democracy, Project Vote Smart, and the American Civil Liberties Union.
|
||||||||
| 19b: In law, election results can be contested through the judicial system. | ||||||||
|
||||||||
|
Comments: References: State voting laws allow for challenging elections or reporting election fraud. Information on Florida, for example, can be found at: [ LINK ]
Peer Review Comments: A brief sentence about 2000 elections and the role of the state and federal judiciaries may be necessary. Bush v. Gore.
|
||||||||
| 19c: In practice, election results can be effectively appealed through the judicial system. | ||||||||
|
||||||||
|
Comments: References: Voting issues can be appealed through the judicial process in a timely manner, although the political affiliations of some judicial positions taints the process in some cases. See, for example, Bush v. Gore, the Supreme Court decision that effectively decided the 2000 presidential election. Congressional Research Service, "Election Reform: Overview and Issues," March 2004, [ LINK ]
|
||||||||
| 19d: In practice, the military and security forces remain neutral during elections. | ||||||||
|
||||||||
|
Comments: References: In both law and practice, the military are prohibited with interfering with the elections process, and polling places are unguarded. "Political Activities by Members of the Armed Forces on Active Duty," Department of Defense Directive, August 2, 2004.
Peer Review Comments: Can you cite the law?
|
||||||||
| 19e: In law, domestic and international election observers are allowed to monitor elections. | ||||||||
|
||||||||
|
Comments: References: There are no laws prohibiting election monitors, although their presence is rare. There are exceptions when stakes are particular high, or when problems have occurred in the past, such as in Ohio in 2004. "Voters Find Long Lines and Short Tempers, but Little Chaos at Polls," New York Times, November 3, 2004.
Peer Review Comments: Note that the Organization for Security and Cooperation in Europe is now observing US elections, but only in a limited fashion.
|
||||||||
| 19f: In practice, election observers are able to effectively monitor elections. | ||||||||
|
||||||||
|
Comments: References: The 2004 presidential election marked the first time that international elections monitors oversaw a U.S. election. "Cold War Relic To Dispatch Observers For American Presidential Election," New York Sun, October 28, 2004.
Peer Review Comments: See Organization for Security and Cooperation in Europe Election Report.
|
||||||||



