The 2020 US presidential election: nine lessons

As reported in the latest issue of Monitor, the US presidential election raised even more constitutional issues and questions about the US system of elections than many anticipated. Colin Provost and Nadia Hilliard of the UCL Centre for US Politics discuss how the election was administered, and the roles of the judiciary, Electoral College and social media in the process.

The US presidential election of 2020 has been perceived by many observers as one of the most important elections in American history. A highly polarised electorate turned out in record numbers in the middle of a pandemic and for the first time, the incumbent president refused to concede after a clear result, while pushing a steady, yet unsubstantiated series of claims about voter fraud and voting irregularities. Given the highly unusual set of circumstances surrounding this election, it is worth considering how well US institutions performed with respect to the conduct of a free and fair election, and what lessons should be learned for future electoral cycles.

1. States can run elections smoothly.

Although federal laws that are harmonised across the states might seem to make more sense for national elections, the US Constitution allows each state to set its own election laws, as long as they are in compliance with the 1965 Voting Rights Act and other relevant, federal legislation. Keeping that in mind, it is important not to understate the fact that, on average, the states performed well in terms of administration of this election. Despite the pandemic, millions of people were able to vote and perhaps more importantly, a large subset of those people were able to vote by mail, so that they would not have to put their health in jeopardy by waiting in long – and often cramped – queues. Ultimately, those votes were all counted, even if a victor could not be declared until 7 November —five days after election day.

2. US electoral institutions are resilient.

The institutions of election administration proved to be resilient in the face of baseless allegations of voter fraud and voting irregularities: those allegations were many, and continue to be made. In a normal election year, post-election lawsuits are practically non-existent, but in 2020, the Trump campaign filed dozens of lawsuits across several states, nearly all of which have been found to be lacking in merit, while tweeting inaccurate information about the election and its results. Georgia senators David Perdue and Kelly Loeffler suggested that Georgia Secretary of State Brad Raffensberger – the state official in charge of overseeing elections and certifying the results – should resign after not finding evidence of electoral fraud in that state. Additionally, President Trump invited the leadership of the Michigan legislature to the White House, apparently with the goal of getting them to nominate different electors to the Electoral College that formally votes in the new president than those selected by the Michigan Democratic Party. The only legal basis for this occurring is if one believed that Joe Biden did not clearly or lawfully win the state, even though his margin of victory was in excess of 150,000 votes. Finally, a large number of Trump allies in Congress, the media and elsewhere supported these actions, implicitly or explicitly. Despite all these challenges, the votes were counted and certified by all 50 states and the District of Columbia.

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Elections and COVID-19: how can next May’s polls go ahead safely and democratically during a pandemic?

Elections set to take place across the UK in May 2020 were postponed for 12 months due to COVID-19. Election administrators and policymakers now have less than eight months to prepare for the possibility of holding polls during a pandemic. Sarah Birch, co-author of a recent British Academy briefing on holding safe and democratic elections during COVID-19, discusses the key obstacles to a successful poll and offers some recommendations for making sure the May elections are fair and safe.

An election requires the largest peace-time mobilisation that any state has to undertake. Even at the best of times, this is a major administrative feat. Conducting an election during a pandemic is far more daunting still, as electoral authorities have to consider the health of voters, polling and counting staff and campaign organisers, together with the health of democracy. 

If an election is to serve democratic aims, it is hugely important that it is both fair and seen to be fair. Those running elections while COVID-19 remains a problem must clearly safeguard the process in terms of the health of those involved; they will also need to ensure popular confidence in procedures that will in some ways be different from what voters are used to. 

Any change to normal practices is bound to attract attention, and potentially suspicion. The recent British Academy report, How to hold elections safely and democratically during the COVID-19 pandemic’, indicates that there are several things that electoral authorities can do to make sure that COVID-specific measures work.

If the pandemic has not been vanquished by May 2021, these suggestions may be of use to elected representatives and administrators in Scotland, Wales, London and local authorities across England, all of whom will be making arrangements for polling. These recommendations are also relevant to countries around the world that are preparing elections over the coming months.

Firstly, it makes sense for electoral authorities to use strategies that are part of their existing toolkits, rather than trying out completely new ideas (such as internet voting) that cannot be tested properly in the time available. The UK has extensive experience of postal voting, so this is a tool that can be relied on and potentially promoted for wider use. 

It will not make sense to implement other changes to the electoral system at this point, such as the proposed introduction of ID at UK polling stations. Pandemic-related measures will be challenging enough to develop, introduce and communicate, without the government also trying to roll out a whole new way of voting.

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How to rig an election

nic.cheeseman.oxfamOCkVQdGe_400x400 (1)As elections become more prevalent as the stated method of choosing who governs, is the world actually becoming less democratic? In their new book, How to Rig an ElectionNic Cheeseman and Brian Klaas argue that the increase in voting has not led to a corresponding rise in the embracing of democratic norms, with voter intimidation, strategic misinformation, and ballot-rigging common in many countries that describe themselves as democratic.

The greatest political paradox of our time is this: there are more elections than ever before, but the world is becoming less democratic.

Nowadays, elections are held almost everywhere. The vast majority of governments at least go through the motions of election campaigns, and are rhetorically committed to allowing citizens to cast ballots to choose the leaders who will govern them. However, in many places, that choice is little more than an illusion: the contest is rigged from the start.

In our new book, How to Rig an Election, we argue that elections have been co-opted by regimes across the globe to tighten their grip on power. Previously, it was assumed that a deluge of elections would lead to a flood of incumbents losing power. Instead, a small proportion of incumbents are losing office, and in some places, like sub-Saharan Africa, we actually find little difference in incumbent turnover rates since the ‘Third Wave of Democracy’ swept across the continent in the late 1980s. Some single-party dictatorships are actually less stable than ‘counterfeit democracies’ that are authoritarian but hold ostensibly multi-party elections. In other words, if you want to stay in power, rigging elections is preferable to not holding them at all. Continue reading

Voter ID at British polling stations: learning the right lessons from Northern Ireland

7sdwzdrq.1368719121Asking voters to produce a form of identification before voting will be piloted in five English council areas this May. The move represents part of the government’s response to a series of recent recommendations for measures to safeguard the electoral process from fraud. While the pilots will provide important opportunities for policy-learning, Stuart Wilks-Heeg argues that much can already be gleaned from the experience of Northern Ireland, where voter ID requirements were first introduced in 1985.

On 3 May 2018, voters at polling stations in five English council districts (Bromley, Gosport, Slough, Watford, and Woking) will be asked for proof of identity. These voter ID pilots are central to the current UK government’s commitment to follow through on recommendations made in electoral fraud reviews carried out by both the UK Electoral Commission and by Eric Pickles in his role as Anti-Corruption Champion.

A solution in search of a problem?

Official concern about the security of the ballot has been driven by a small number of high-profile cases of fraud, most recently in Tower Hamlets in 2014. There is no evidence of widespread voter impersonation at polling stations. In fact, cases of ‘personation’, as the offence is termed in UK electoral law, are exceptionally rare. A total of 146 allegations of personation at polling stations were reported to UK police forces from 2010–16, a period that included two general elections and the EU referendum, each of which saw some 30 million votes cast. All but a handful of these 146 allegations resulted in no further action, generally because there was no evidence that an offence had been committed. Over the same time period, only seven people were convicted as a result of investigations of personation at polling stations, five of whom were involved in a single case in Derby.

Given such evidence, academics have expressed concern that voter ID is a solution in search of a problem. Some opposition politicians and political campaigners have gone further, seeing it as a consciously partisan measure. Critics argue that lower-income voters are less likely to have valid ID and will be turned away from polling stations in large numbers, or simply deterred from going to vote at all. In this view, the real purpose of voter ID at polling stations is not to restore public confidence in the electoral process, but to emulate the ‘voter suppression’ methods long practised by Republican states against likely Democrat supporters in the USA. Continue reading