Perspective: Another year of vote-counting anxiety?

Before the 2000 presidential election, practically nobody would have predicted that in a country of tens of millions of voters, a major election could turn on just a few hundred votes.

Thus, ahead of election day that year, any potential for inaccuracies or irregularities in vote counting did not loom large as a real issue.

Of course, as we now know, every singe vote in that election truly mattered. Who can forget the hanging and dimpled chads, the uncertainty for weeks as to who won the election, and the multiple lawsuits all the way up to the U.S. Supreme Court? And quite ironically, the very U.S. Supreme Court that had supported states rights took away the Florida Supreme Court results in favor of Al Gore and effectively resolved the election in favor of George W. Bush, even though history tells us that Gore nationally received over 500,000 votes more than did Bush.

The number of counties using hand-counted paper ballots this November will be only about half as many as in 2000.

Had vote counting been more accurate, perhaps Gore would have been elected president. Obviously, this has major implications. For example, if Gore had been president, would the United States have attacked Iraq? Would our troops still be in Iraq? The list goes on and on of presidential moves made by Bush that could have been decided differently by Gore.

So what is being done to ensure that this year's vote counting is more accurate and effective? A recent study by Election Data Services concludes that at least 69.5 million registered voters will cast optical scan ballots in elections this coming fall, while at least 66.6 million voters will use electronic equipment. Voting equipment procurements are under way in jurisdictions with about 22.5 million voters that are still reporting the use of punch cards and lever machines.

The study shows that more than a third of counties have changed voting equipment since the days of Bush vs. Gore in 2000. Indeed, at least 1,395 counties will have changed or are planning to change voting equipment by the time of the November 2006 general elections.

As a result, almost 82 million registered voters will have seen voting systems changes over the past six years. The number of counties using hand-counted paper ballots this November will be only about half as many as in 2000.

What the Election Data Services study tells us is that the methods for vote counting are changing significantly. Does this mean that problems with vote counting are solved? Of course not. As most of us know from daily experience, the various forms of electronic technology are reliable--or unreliable--to varying degrees.

Let's just hope that early problems that emerge with new voting technology are dealt with swiftly and uniformly to ensure that truly elected officials take public office.

Biography
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual-property disputes. To receive his weekly columns, send an e-mail to [e-mail] with "Subscribe" in the subject line. This column is prepared and published for informational purposes only, and it should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

More Perspectives

You just had to do it didn't you....

"And quite ironically, the very U.S. Supreme Court that had supported states rights took away the Florida Supreme Court results in favor of Al Gore and effectively resolved the election in favor of George W. Bush, even though history tells us that Gore nationally received over 500,000 votes more than did Bush."

You couldn't just confine your story to talking about the steps being taken to improve and deploy voting technology. You had to take a barely veiled shot at the President and the Supremes.

Well...I consider that to be an invitation thank you very much.

<Stepping up on soap box>

And lest you mistake a left or right polical bias from me, basically, I couldn't care less which one of these two twits were elected. I also can't be blamed for the mess Bush created or Gore would have created because I didn't vote for either one of them.

Comparing "Democrats" and "Republicans" is like saying a zebra has black and white stripes or white and black stripes. Democrats and Repulicans wear the same stripes. The activities and agendas are the same on both sides of the aisle. They just have differing proficiencies and deficiencies. For instance, Democrats tend to get caught with their pants around their ankles. Republicans on the other hand, tend to get caught with their hands in the cash drawer.

What I get tired of hearing or reading about is this "popular vote" mentality. What is really annoying though is when it dribbles out of the mouth, pen or keyboard of a lawyer(or at least someone who the credits tend to indicate, works in the legal profession). Are you a member of the Bar? Didn't you have to take an oath to uphold the letter of the law?

At the risk of over simplifying, isn't the foundation of laws in the United States based in the constitution which dictates that the President is elected by an electoral college and NOT by popular vote? Isn't there a built in mechanism to change the constitution if you can get enough members of congress and the states to play together nicely? If you don't like the laws, what have you done to change them?

In a way, I'm glad that the President is not elected by popular vote. Even when a candidate wins by a "land slide", it is a plurality at best.

What was the turn out for the last two Presidential elections? 100-125 million? The last census indicated that there was about 300 million people in the US.

Lets for the sake of subjective jollies throw around 75 million voters in the uninformed bucket. That leaves about 20-25 million informed voters(and that's probably being very optimistic).

That leaves another 80 million people who either can't vote because of age, stripped of their rights(felons) or people who just aren't citizens.

And then there is the last category. The 100 million people that are so fed up with the politcal shenanigans and government in general that they just don't bother showing up at the polls anymore.

The vast majority of registered voters are too ignorant or even just plain stupid to vote rationally any way. The American voter can be summed up as a vast herd of individuals grazing on 30 second sound bites, too afraid of "throwing away their vote" or "voting for the losing candidate" or some other ill conceived rationale.

In the end, they get the mediocre government that they truely deserve.

Blah...blah blah..blah blah.... This could go on all night.

<stepping down from soap box>

I just needed to vent. I feel better now. :-)

You just had to do it didn't you....

"And quite ironically, the very U.S. Supreme Court that had supported states rights took away the Florida Supreme Court results in favor of Al Gore and effectively resolved the election in favor of George W. Bush, even though history tells us that Gore nationally received over 500,000 votes more than did Bush."

You couldn't just confine your story to talking about the steps being taken to improve and deploy voting technology. You had to take a barely veiled shot at the President and the Supremes.

Well...I consider that to be an invitation thank you very much.

<Stepping up on soap box>

And lest you mistake a left or right polical bias from me, basically, I couldn't care less which one of these two twits were elected. I also can't be blamed for the mess Bush created or Gore would have created because I didn't vote for either one of them.

Comparing "Democrats" and "Republicans" is like saying a zebra has black and white stripes or white and black stripes. Democrats and Repulicans wear the same stripes. The activities and agendas are the same on both sides of the aisle. They just have differing proficiencies and deficiencies. For instance, Democrats tend to get caught with their pants around their ankles. Republicans on the other hand, tend to get caught with their hands in the cash drawer.

What I get tired of hearing or reading about is this "popular vote" mentality. What is really annoying though is when it dribbles out of the mouth, pen or keyboard of a lawyer(or at least someone who the credits tend to indicate, works in the legal profession). Are you a member of the Bar? Didn't you have to take an oath to uphold the letter of the law?

At the risk of over simplifying, isn't the foundation of laws in the United States based in the constitution which dictates that the President is elected by an electoral college and NOT by popular vote? Isn't there a built in mechanism to change the constitution if you can get enough members of congress and the states to play together nicely? If you don't like the laws, what have you done to change them?

In a way, I'm glad that the President is not elected by popular vote. Even when a candidate wins by a "land slide", it is a plurality at best.

What was the turn out for the last two Presidential elections? 100-125 million? The last census indicated that there was about 300 million people in the US.

Lets for the sake of subjective jollies throw around 75 million voters in the uninformed bucket. That leaves about 20-25 million informed voters(and that's probably being very optimistic).

That leaves another 80 million people who either can't vote because of age, stripped of their rights(felons) or people who just aren't citizens.

And then there is the last category. The 100 million people that are so fed up with the politcal shenanigans and government in general that they just don't bother showing up at the polls anymore.

The vast majority of registered voters are too ignorant or even just plain stupid to vote rationally any way. The American voter can be summed up as a vast herd of individuals grazing on 30 second sound bites, too afraid of "throwing away their vote" or "voting for the losing candidate" or some other ill conceived rationale.

In the end, they get the mediocre government that they truely deserve.

Blah...blah blah..blah blah.... This could go on all night.

<stepping down from soap box>

I just needed to vent. I feel better now. :-)