Introduction
Elections are a defining feature of democratic government, but all too frequently, we take the actual mechanics of the election for granted. We speak at length of such issues as who is allowed to vote, how campaigns are conducted, and how they are financed, but prior to the events in Florida last November, most people's understanding of the actual voting process was something like the following: "You go to the polls, cast your vote, and then they count it and they announce the winner."
Here, my focus is on how you cast your vote, who they are who count it, how they go about counting it, and how the winner is determined. I will begin by discussing this in a historical context, and then I will discuss the regulatory environment that controls this process, I will give examples of significant shortcomings in this regulation, and finally, I will discuss changes that might be made.
Some of the material here duplicates material that I presented in testimony before the United States Civil Rights Commission hearings in Tallahassee last January 11, but here, my focus will be on the relationship between the problems we have with today's voting machines and the current system of Federal and state standards that govern the use of these machines.
A Very Brief History of Voting Machines
Paper Ballots
When most people speak of voting on paper ballots, they imagine that they are speaking of an ancient technology, and in a sense, this is true. Hand written paper ballots were first used in Rome in 139 BCE, and their first use in America was in 1629, to select a pastor for the Salem church. These early paper ballots offered only modest voter privacy and they were fairly easy targets for various forms of election fraud.
The modern system of election using paper ballots was first used in 1858 in Australia. The great Australian innovation was to print standardized ballots at government expense, distribute