How bad could it get? America’s ugly election



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The Economist - UK 2020-09-05

More, not merrier

In principle, an election is a fairly simple

thing. Identify the people entitled to vote;

provide them with the means to vote; accu-

rately count their votes; after that, just

abide by the results in the way the constitu-

tion requires. 

As far as the first step goes, America’s

constitution says that only citizens can

vote, and that those over the age of 18 can-

not be barred from doing so on the basis of

their race or their sex. The Voting Rights Act

of 1965 took aim at the legal requirements,

such as literacy tests and poll taxes, by

which Democrats in southern states had

contrived to maintain race-based disen-

franchisement. Those changes saw conser-

vative whites in the south switch their alle-

giance from Democratic to Republican.

In the decades since, conservative

whites have become increasingly central to

Republican fortunes and an increasingly

smaller share of the American electorate.

The party has thus developed an interest in

limiting electoral participation, rather

than increasing it. As Mr Trump put it earli-

er this year, discussing a proposal greatly to

expand postal ballots, “They had things,

levels of voting that if you’d ever agreed to

it, you’d never have a Republican elected in

this country again.” 

Erecting barriers to voting has grown

easier to do since the Supreme Court in 2013

struck down a provision of the Voting

Rights Act that required jurisdictions with

a history of racial discrimination to “pre-

clear” any electoral changes with the Jus-

tice Department. In 2016 a federal court

struck down a voter-

id

law in North Caroli-



na because it “target[ed] African-Ameri-

cans with almost surgical precision”. The

fact that courts have ruled in this way is

heartening; the fact that they have to is not. 

America’s electorate is becoming ever

more diverse regardless. This year non-

whites comprise one-third of eligible vot-

ers, an all-time high, with Hispanics out-

numbering African-Americans for the first

time. The electorate is also younger than in

recent times—another factor that favours

Democrats. Most analysts predict a high

turnout in November. As much as 70% of

the 240m-strong electorate is expected to

vote, compared with 60% in the 2016 elec-

tion and 50% in the 2018 midterms.

They will not all find it easy. The Leader-

ship Conference on Civil and Human

Rights, an umbrella group, has found that

nearly 1,700 polling places were closed be-

tween 2012 and 2018 in states formerly cov-

ered by the pre-clearance rule. The largest

numbers have been in Texas, Arizona and

Georgia—three battleground states this

year. Many of the closures are in areas

where the population is disproportion-

ately black or Hispanic. 

Polling-place closures can be expected

to lead to queues elsewhere, and queues are

already a problem. The Bipartisan Policy

Centre, a think-tank, found that in 2016

over 560,000 voters failed to cast a ballot

because of polling-place management pro-

blems, including queues. Predictably, a

study of the 2018 midterms from the Bren-

nan Centre for Justice, another think-tank,

found that black and Latino voters were

markedly more likely than white voters to

find themselves waiting more than 30 min-

utes to vote. Such delays can be expected to

discourage voting at the best of times.

And this is not the best of times. Co-

vid-19 makes standing in a long November

queue particularly unappealing. It may

also make the queues, and the time taken

to vote, longer. The epidemic meant that

Wisconsin had trouble recruiting enough

poll workers for its primary election in

April; as a result, the state’s biggest city,

Milwaukee, had just five polling places,

down from 180 in 2016. There has been

more time for planning since then, which

will doubtless improve things, but America

remains grievously short of poll workers.

With local governments already cash-

strapped, private enterprise has begun to

step in: the National Basketball Associa-

tion, for instance, says it will convert many

of its arenas into polling places. 

Coronaviruses are not the only invisible

threat such places need to take account of.

Computer viruses, ransomware and other

hacks and attacks are also a worry. The Sen-

ate Intelligence Committee, which is

chaired by a Republican, Marco Rubio, con-

cluded in 2019 that Russian hackers probed

all 50 states’ electoral systems in 2016,

looking for vulnerabilities. Congress’s abil-

ity to look into what is happening this time,

though, may be circumscribed. John Rat-

cliffe, a three-term congressman with no

previous intelligence experience who was

recently installed as the administration’s

Director of National Intelligence, has

stopped providing personal briefings to

the Democratic-led House Intelligence

Committee. He argues that written brief-

ings will somehow reduce the chance of

leaks; they will also eliminate committee

members’ opportunity to question him.

According to Mr Rubio, Mr Ratcliffe will

continue in-person briefings for the Senate

committee.

At the state level, according to Marian

Schneider, president of Verified Voting, a

non-partisan group focused on election

technology, “There have been significant

improvements” since 2016. Many states

have got rid of voting machines that do not

produce paper trails for validation, thus in-

viting fraud. But Ms Schneider sees much

more to be done: “America has woefully

underfunded election infrastructure for-

ever.” And new support does not always get

to where it can do the most good. Accord-

ing to Mac Warner, who as secretary of state

is West Virginia’s chief election official,

“The most vulnerable piece is the county.

They may not have [an] information offi-

cer, and even if they knew the problem,

they might not have the money to fix it.”


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