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Journalism of Courage
Over the last two decades, the United States has gradually moved back from electronic voting machines to paper ballots. This election, 95% registered voters live in jurisdictions where paper ballots, handmarked or otherwise, will be used to cast the majority of voters.
Here’s how America casts — and counts — its votes.
The mandate of the US Federal Election Commission is to enforce and administer federal campaign finance laws. It does not extend to actually conducting the election, like the Election Commission of India.
This is because the US has a highly decentralised election system. While the US Constitution does set some parameters for elections to federal offices, most aspects are regulated by state laws. All elections — federal, state, and local — are administered by individual states, and many aspects are further delegated to county or local jurisdictions.
This means there is no one standard for how voters in the US cast their votes, and how these votes are counted.
November 5 is Election Day, but early voting is ongoing in several states. Unlike in India, voters in the US may vote on ballot papers or electronic systems depending on where they reside. Three primary voting mechanisms are used.
BMDs were developed following the passage of the Help America Vote Act (HAVA) of 2002, which required all polling places to provide a means for voters with disabilities to vote privately and independently. Thus, BMDs contain a number of accessibility features such as a Braille keypad, headphones with audio assist, and rocker paddles.
In 2024, Louisiana is the only state in which 100% of voters will be voting using DREs (without VVPATs). Nevada is the other state which will see widespread use of DREs — 95.4% registered voters will have access to only DREs, but with VVPATs.
Until 2000, all jurisdictions in the US used paper ballots. But an extremely tight contest in Florida — in which Republican George W Bush eventually edged out Democrat Al Gore by 537 votes after an agonising recount — pushed the button on voting reform.
This was because the “butterfly ballot” used in Palm Beach county had been misaligned, leading to many voters accidentally casting their vote for the wrong candidate. After the recount was completed and Bush Jr won Florida — and the election — The Palm Beach Post concluded that it was ballot design that ultimately cost Gore the presidency.
HAVA led to an upgrade in voting equipment with an aim to eventually move entirely to electronic voting. By the 2006 midterm elections, 41.9% of jurisdictions in the US offered only DRE systems, and they were an available option in more than 60% of jurisdictions.
However, concerns around hacking and foreign interference ensured DREs were never able to gain the trust of the public. The adoption of DREs started to decline from the 2008 election onward. Allegations of Russian interference in the 2016 election, and the election of Donald Trump further drove many Americans away from DREs.
Both handmarked paper ballots and ballots filled using BMDs are counted using optical scanners, and then tabulated by computers to expedite the counting process. Given the far more rigorous standard for ballot production now than in 2000, this process largely goes on without hitches.
However, after counting and tabulation is complete, states have varying periods of time to self-audit the results — which can be done manually or with machine assistance. Most states have a provision for a recount — which can be ordered depending on the margin of victory.
Ultimately, election officials must issue so-called Certificates of Ascertainment showing the official, final vote tally by a specific date. This year, the deadline is December 11 — more than a month after Election Day.
