Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Ensuring election integrity should not come at the cost of compromising voter access

Opinion

Woman voting in Austin, Texas

Measures that increase burdens on voters should be deemed politically unacceptable unless they are absolutely essential writer Garber and Davis-Roberts.

Sergio Flores/AFP via Getty Images
Garber is an international elections expert and a member of the Carter Center's U.S. election expert team. Davis-Roberts is an associate director in the center's Democracy Program.

Proposed election law changes in Texas, Michigan, Wisconsin and elsewhere have again brought to the forefront debates about how best to balance election integrity and voter access. While governments are obliged to guarantee both, the current trend limiting access signals that state legislatures are prioritizing the former at the expense of the latter.

The current round of restrictive legislation has been fueled by unsubstantiated claims of massive election fraud in the 2020 election. However, the laws now being debated in state capitals around the country reflect a mindset that has been promoted by conservative advocacy groups for decades. The Heritage Foundation has been at the forefront of this effort, and its February 2021 report provided the intellectual ballast for the current efforts to restrict voter access.

The report contends that "errors and omissions by election officials and careless, shoddy election practices and procedures" have caused problems for voters and that reform is necessary "to ensure voters will have faith in our elections."

In reality, a closer look at the Heritage Foundation's database indicates that illegal voting of the kind the proposed and enacted bills purport to prevent is actually a rare occurrence in the United States, where state election officials have multiple safeguards to protect against wholesale fraud. Moreover, the states have effective measures in place to catch and punish election fraud and other offenses, as demonstrated by the few cases emerging from the 2020 election cycle and by the aggressive response of prosecuting officials.

While many of the general principles presented in the Heritage Foundation report are unobjectionable on their face, its proposed legislative solutions are likely to discourage many eligible voters from participating in the next round of elections.

Seemingly neutral policies — setting voter registration deadlines well in advance of Election Day, limiting absentee voting to individuals with a prescribed excuse, limiting the number of days for early in-person voting, and limiting the number and prescribing the placement of drop boxes for mail voting—will inevitably decrease voter turnout without substantially reducing opportunities to commit voter fraud.

In the post-Reconstruction era, for example, black voters were stricken from the registration rolls by all sorts of legal and political stratagems. Undoubtedly, advocates in the 19th century presented the legislative underpinnings of their disenfranchisement efforts as the application of neutral principles, as the Heritage Foundation does today.

Election reform legislation should be based on well-established international election standards. As elaborated in a just-published report by The Carter Center, these standards, first and foremost, establish the fundamental right of all eligible citizens to participate in the selection of their representatives. A corollary to this right is the obligation of states to take proactive measures to ensure the full and effective enjoyment of the right to vote by making the casting of a ballot as simple as possible. Thus, for example, all states must provide access to voting for individuals with reduced mobility or other disabilities.

International standards also recognize that states have the obligation to ensure that the integrity of the process is not compromised by fraud or by malfeasance and that committing fraud is both difficult and easily detectable. The relevant question is whether proposed legislative measures represent the least restrictive approach possible to secure the integrity of elections. Measures that increase burdens on voters, reduce voter access, or curtail practices that citizens have relied upon for voting in previous elections should be deemed both politically unacceptable and violative of democratic norms, unless they are absolutely essential.

Voter confidence in many states has been undermined by widespread unsubstantiated claims of fraud and irregularities. In this context, the most important step to increase voter confidence is for all candidates to abide by and publicly defend transparent election results and judicial decisions on election challenges. Candidates should be encouraged to sign onto codes of conduct explicitly including this commitment.

The proposed restrictive election legislation in Texas, Georgia and elsewhere will undoubtedly be challenged in courts across the country. The outcome of these cases is not guaranteed. In the months preceding the next round of elections, voting rights groups must prepare a massive voter education campaign to ensure that all eligible voters understand the changes that have been made and how to comply with whatever new requirements are in place in their respective jurisdictions.

The future of American democracy is at stake.


Read More

Family at dinner table
A family eating chicken nuggets and watermelon at a table in a home
Photo by Tyson on Unsplash

Skepticism Isn't Cynicism. The Diet Wars Show the Difference.

This year, Americans got two opposite sets of instructions for the same dinner plate. Many of us responded the way we now respond to almost everything: we picked a team.

In January, the Department of Health and Human Services released new federal dietary guidelines built around red meat and full-fat dairy. Less than three months later, the American Heart Association issued guidance pointing close to the opposite way: build meals around plants and plant protein, choose unsaturated fats over saturated ones, and cut back on red meat and full-fat dairy.

Keep ReadingShow less
People voting

Election Day in America

Getty Images

The Future of Our Democracy Is Being Built Close to Home. Will America Pay Attention?

Today, voters in Lexington, Kentucky will decide whether ordinary residents should have a permanent role in reviewing the rules of their local government. If approved, an assembly made up of residents selected by lottery would review the city charter at least every eight years, giving everyday people a recurring opportunity to examine how Lexington is governed.

It's a significant proposal, and one that could put our Kentucky city at the forefront of democracy reform in the United States.

Keep ReadingShow less
I Voted stickers and American flag
person holding white and red box

Too Tired to Vote? The Hidden Question Hanging Over the 2026 Midterms

The 2026 midterm elections are finally here, and campaigns are still consumed with a familiar question: Who will voters support? While this may seem obvious, another question may matter just as much: Will they vote at all?

Americans are hardly indifferent about the economy. A July Pew Research Center survey found that economic issues were, by a wide margin, what registered voters most wanted congressional candidates to discuss. Twenty-nine percent spontaneously identified an economic issue, with affordability and the cost of living leading the list.

Keep ReadingShow less