RIGHT TO VOTE BY BALLOT -- There are many ways to vote, of course. You can have a show of hands or call for an assembly to shout yea or nay. You can even draw straws. In democratic elections we prefer ballots. They are discrete and unique to each voter. They allow for the possibility of secret voting. Until recently they were also made of paper, not electrons. The decision to redefine "ballot" to include patterns of electrons stored on memory cards was never publicly debated. As with all voting processes in this country, we never got to vote on whether we wanted this change. In the 26 states that guarantee voting by ballot there is no constitutional language defining what is a ballot, so electronic voting cannot be easily challenged on constitutional grounds.
RIGHT TO SECRET VOTING - The secrecy of our vote is among our most cherished rights, except it isn't a constitutional right for 146 million American's. Secret voting prevents voter intimidation. It assures us that how we vote can not be used against us later on. Only 21 states guarantee secrecy in voting. Several other states guarantee the right to vote in private, but that's not quite the same thing, is it?
RIGHT TO PUBLIC VOTE COUNTING -- Josef Stalin is credited with saying, "The people who cast the votes decide nothing. The people who count the votes decide everything." This speaks volumes for why all vote counting should be conducted in public view. This is especially true when ballots are cast in secret on electronic storage devices. Ballot boxes were once transported in chain of custody fashion by representatives from each party. Now electronic vote totals are stored in storage devices collected by private couriers or sent directly over the internet, often to third party companies before being tabulated. In many locations the public is bared from observing how the votes are being counted. It is shocking that only three states constitutionally protect the right of the public to observe the vote counting process.
FREQUENCY OF ELECTIONS -- It is one thing to guarantee that elections will be held and another to assure they are regularly scheduled. Ask anyone from a parliamentary democracy about this and they can tell you how the timing of elections can be manipulated to benefit incumbents. This isn't usually a problem here, but we should still have clear guidance on when elections will be held. Fifteen states have clear constitutional language on this subject.
PRIVILEGE FROM ARREST AND EXCEPTIONS -- Imagine heading out to vote knowing you have outstanding parking tickets. You show up to vote and notice a police presence out front. Maybe they even appear to be talking to some voters. Do you try to walk past them to vote or do you turn around and play it safe?
This is the predicament that the "privilege from arrest" is designed to resolve. No one should see a police presence at polling sites. It can feel intimidating, especially for minorities who may not share a high level of trust in law enforcement. Just 21 states guarantee that you can't be arrested for minor offenses when you come out to vote. A third of our citizens are covered by this protection.
RIGHT TO ACCESSIBLE POLLING PLACES - "polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote," says the New Hampshire State Constitution. You might think the "Americans with Disabilities Act" covers this right, but voting doesn't always take place in buildings covered by the act. More broadly speaking, a guaranteed access to polling places also means adequate numbers of voting machines and voting locations that people can get to easily. This has been a particular problem in many "battle ground states" like
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