How Florida Fixed Its Vote-Counting Problem After the 2000 Election

“Though it took a crisis to get the ball rolling, at least the Florida state government didn’t take long to respond to the chaos of the 2000 election.

Just five months later, at the urging of Jeb Bush, the state Legislature enacted a sweeping overhaul of Florida’s election rules. The Election Reform Act of 2001 banned the use of punch-card voting machines and required the secretary of state (rather than county-level elections officials) to have the final say over which kinds of voting machines could be used in the future. The law also clarified Florida’s rules for automatic recounts and set more stringent time frames for the certification of vote counts—a move intended to prevent the seemingly interminable recounts in 2000. It also created new statewide rules for issuing provisional ballots and how those would be counted, with an eye toward ensuring as many Floridians as possible could vote.”

“The Election Reform Act was far from perfect, though. One major problem that emerged in later years had to do with the computerized touch-screen voting systems that largely replaced the punch-card ballots. Because they did not provide voters with a printed-out receipt of their choices, those voting machines came under intense criticism for not leaving a trustworthy paper trail, which is necessary in the event of a hack or glitch.

Faced with that problem, Florida lawmakers adapted again. In 2007, an update to the 2001 law required that all electronic voting machines also provide a paper trail so voters can trust their choices were accurately recorded and to help with recounts.”

“There are good reasons that many voters prefer not to vote until Election Day. It means getting as much information as possible before making your choice. It means a late-breaking scandal is less likely to leave you wishing you could reverse your vote. But many Americans will have good reasons to prefer early voting. From the perspective of a state government trying to run an efficient and effective election, more votes being cast early means more time to do the counting.

Equally important, it means more time to be sure every vote is being counted accurately.

“Florida is famous among election nerds for having the fastest reporting of vote totals in the country, with near-instant results on election night,” says Andy Craig, the director of election policy at the Rainey Center, a centrist think tank. In a report he authored earlier this year, Craig calls Florida’s vote-processing procedures “the gold standard” for other states to follow.

Per state law, counties can begin processing mailed-in ballots up to 25 days before Election Day. That includes just about everything except the actual counting: checking that signatures are valid and that the votes have been legally submitted. Counting those ballots officially begins 15 days before Election Day and must be completed by the time the polls close.”

“The process buys valuable time to get things right.”

“”If every state had Florida’s model,” Craig explains, “the 2020 election would have been called much sooner rather than dragging on for several days like it did.””

“states like Pennsylvania and Arizona invited criticism and groundless allegations of impropriety solely because they took days or weeks to finalize their tabulation. That was not an accident. In Pennsylvania, for example, local election officials are prohibited from even beginning to process mailed-in ballots until after the polls close on Election Day—in other words, 25 days after Florida begins handling mailed-in ballots.

In that environment, there is no way for a close race to be resolved in a timely manner. Worse, it limits the ability to “cure” ballots that are improperly submitted, cutting some voters out of the process entirely.”

“That election highlights why Florida’s experience with mail-in ballots and other forms of early voting is an interesting case study. After all, Florida has become a more reliably Republican state even asit has seen a dramatic increase in the number of ballots cast by mail. It’s not hard to come up with theories as to why this might be. Most notably, elderly voters, legions of whom reside in Florida, are among the biggest beneficiaries of voting systems that don’t require in-person attendance at polling places. They, of course, skew conservative. (It’s worth noting that Trump voted by mail in Florida in 2020.)

It wasn’t until 2020—and probably due to Trump’s extensive preelection effort to undermine the validity of mail-in voting—that more Democrats than Republicans voted by mail in a Florida election. The same thing happened again in 2022, and DeSantis responded by trying to limit mail-in voting in the future by limiting the number of available ballot drop boxes, among other measures.

Running efficient, accurate elections should not be a partisan issue. It would be a shame to see Florida backtrack on two decades of sensible bipartisan reforms simply because some conservative voters and one former president got grouchy about mail-in voting.”

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