The Big Problem With Early Voting

This article was published in the February 13, 2008, edition of The New York Observer.

Hillary Clinton.
Hai Knafo
Hillary Clinton.

Imagine that you’ve somehow found yourself on trial, mistakenly accused of some criminal act that you would never even think about committing. A guilty verdict will destroy your good name and send you away to a very bad place.

When the trial opens, the eager prosecutor lays out the case, an avalanche of seemingly damning—but, in actuality, entirely circumstantial—evidence. You stew at the defense table, aching for a chance to respond.

But before your moment arrives, the 12 jurors decide they’ve heard enough. With the trial still ongoing, they each cast early “guilty” verdicts. When you finally take the stand and prove—like a scene out of Matlock—that you’ve been wrongly accused, the jurors are all far away from the courtroom, back at their jobs or maybe just lounging around at home. You lose.

Welcome to the maddening world of early voting, a well-intentioned concept that has exploded in popularity while fundamentally undermining the fairness of elections. Its impact has never been more dramatic, and its consequences more far-reaching, than in this year’s Democratic presidential race.

It started in New Hampshire, where Hillary Clinton abruptly ended her post-Iowa free­fall with a stunning two-point win over Barack Obama, a verdict that was—in part—a testament to the former first lady’s steely nerve and pluck.

But it was also a powerful illustration of the impact of early voting. As Nick Clemons, Mrs. Clinton’s chief organizer in the state, later explained, a key element of the Clinton New Hampshire strategy involved pushing likely Clinton voters to cast absentee ballots a month before the primary—“to get their votes,” as Mr. Clemons put it, “before Iowa even happened.”

In effect, the campaign ended before Christmas for some New Hampshire voters, while the rest cast their ballots only after watching each candidate handle the stresses and challenges of the chaotic five-day sprint between Iowa and New Hampshire.

Maybe this made no difference at all—perhaps the early Clinton voters were so committed that nothing would have changed their minds. Or maybe it cost Mr. Obama, whose message gained newfound credibility with his victory in Iowa. You could even argue that it hurt Mrs. Clinton—that the early voters for other candidates might have been so moved by her performance in the final days of the New Hampshire campaign that they would have shifted their allegiance to her.

The point is that early voting meant that two different electorates made up their minds after watching two very different campaigns. This is a violation of the democratic spirit, which demands that all voters have access to the same basic information before rendering their judgments.

And New Hampshire is hardly the only—or the worst—problem.

In California, the crown jewel of the Clinton campaign’s Super Tuesday successes, polls showed Mr. Obama erasing what had been a stubborn yearlong gap in the final days of the campaign. Exit polls—which, admittedly, have not been too reliable of late—actually put him five points ahead on primary day.

But Mrs. Clinton won in a rout, by nearly 400,000 votes. Why? It probably had something to do with the two million early votes—half of all ballots cast statewide—some nearly a month before the actual primary. Those early votes were cast when Mrs. Clinton was still sitting on the lopsided lead in the state—one she’d held from the very beginning of the campaign.

Only when the primary approached did California’s poll numbers begin to fluctuate, indicating that voters were becoming more engaged and less responsive to mere name recognition. But it was too late: Mrs. Clinton had already won the race with early votes.

The same thing happened in Florida, where Mrs. Clinton scored a commanding 17-point victory over Mr. Obama, something she and her campaign haven’t stopped trumpeting. That result comes with numerous asterisks—Florida’s “outlaw” primary meant that Mr. Obama never campaigned or spent money in the state—but chief among them is the discrepancy between early votes and primary day results. One-quarter of Florida’s ballots were cast in advance of the primary, overwhelmingly for Mrs. Clinton, while exit polls showed a tight Clinton-Obama race on primary day.

Similar patterns have played out in Tennessee, New Jersey and Arizona, where late Obama charges were—at least in part—turned back by early voting. And who knows? Maybe Mrs. Clinton herself was a victim of early ballots in Illinois and Utah, Obama states that also allow rampant early voting.

Increasing voter participation is a worthy aim, and there are some common-sense steps—like holding elections on Saturdays and expanding the number of polling stations—that ought to be considered.

But it surely isn’t a healthy thing for an election to be decided weeks before the campaign is over.

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Comments
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renatam (not verified) says:

Read today's WSJ about the Clinton's Terror PARDONS re FALN when Hillary was on her so-called "listening tours" of NYS, while still First Lady. It is the No. 1 Commentary emailed this morning.

Gaylord Assblaster (not verified) says:

What an awful article. So you're telling me it's better to wait in line for who knows how long, not knowing whether the voting machines are going to work, not knowing if you're going to be late for work, or miss the cutoff time in the evening, just so you can vote on the day of the election with all the other poor saps?? The fact is if it took you more than five minutes to decide if you are going to vote for Hillbilly or Mr. Emptysuit, than you've got deeper problems. (Those problems expand exponentially if it takes you as long to chose during the general election between the Dem and the Republican.) You can't tell me that some tidbit of information would show up from the time you filled out your absentee ballot to election day that would make you want to change your vote. Christ.
Absentee voting is the way to go, especially in the general election. How many articles were posted on this site about the dismal state of polling places around NYC? Just wait until November if you want to see real cock-ups! Suckers.

maxy samy (not verified) says:

The eyes of this country are upon you !!! Please vote with careful consideration.

When you vote, don’t believe the Clinton campaign when it asserts that Barack Obama is not qualified to lead this country. Obama’s great background exceeds Hillary’s qualifications. Here are a few highlights from Barack Obama’s resume…

He graduated in the top 1% of his class at Harvard Law School with a major in Constitutional Law, and was elected President of the Harvard Law Review - a great honor.

Hillary graduated in the middle of her class and flunked her law exam TWICE (this is true, check it out !!)

Obama could have gotten a high paying prestigious job, but opted to work as a community organizer in the poor sections of Chicago helping blacks, hispanics and others to gain a political voice and get ahead.

Obama then worked for years as a Civil Rights lawyer representing a wide range of clients.

He also worked as a Professor of Constitutional Law at the University of Chicago.

For her ENTIRE CAREER in Arkansas, Hillary worked as a CORPORATE LAWYER representing large companies in lawsuits against them.

Hillary then became First Lady when Bill won the election, and for 8 years the one “real” project she headed was Health Care Reform, in which she failed miserably.

Barack Obama served as State Senator of Illinois for 8 years, and he has been U.S. Senator for ther last 3 years. He has a total of 11 years in ELECTED PUBLIC OFFICE.

Hillary has a total of 6 years in ELECTED PUBLIC OFFICE.

You be the judge. Who’s background is more relevant ??

Dan (not verified) says:

I agree - early voting is a curious thing at the very least. It dilutes the essense of "Election Day". I am a Republican, and especially in this campaign, I needed every last minute to make up my mind before choosing a candidate. But even if my mind was firmly made up well ahead of time, I'd think it's best to wait in case something unforeseen occurs (candidate drops out, commits a fatal gaffe, whatever). I would also think that it opens up the possibility of fraud by having polls open on more than one day.

Anonymous (not verified) says:

This article was a less than serious discussion about an otherwise serious topic. It seems the author implies that any vote that is not cast on a day exactly contemporaneous with the election day calendar lacks validity since "different electorates" are voting. What silliness.

There are all sorts of different electorates out there viewing campaigns through many different prisms. Time is only one element in a campaign. Some voters are sorted out by age, by history, by education, by experience, by geography, by gender or ethnic background. It is impossible to "level the playing field" for all these diverse electorates. The author might prefer the bad old days when campaigns can manufacture "a late hit" or an "October surprise" that is designed to influence voters at the last minute and leave no time for rebuttal. If anything, early voting introduces a degree of stability in the judgment of the electorate and still promotes a reasonably contemporaneous expression of the public will. That expression over a small amount of time--a few weeks--can smooth out the distortions of media frenzies in favor of one candidate or another whom the media decrees has momentum or is the preferred flavor of the month.

The author's example about jury members leaving the court before the case has been presented is a poor analogy and not valid for the electoral time line. A juror must hear the entire case in chief of both the prosecution and the defense before being given instructions by the judge prior to collective deliberations and voting. There is no requirement that jurors sit forever to listen to the same two arguments over and over again once they have heard the basic facts presented.

Anonymous (not verified) says:

Republican presidential candidate Mike Huckabee has a good line for everything, and he captured this week why Mrs. Clinton's claim to have superior command of policy misses the point. Said the Arkansas quipster: "The American people are not looking for someone who can fix a carburetor. They're looking for someone who can drive the car."

roc152 (not verified) says:

Better to vote early than not vote.

Anonymous (not verified) says:

you are crazy first she has been in the senate 8 years and she did many things for this country. you say he has been a senator 3 years and her 6 you bettercheck out your numbers 2000 she was elected he yas elected in 2004.

Onusomos (not verified) says:

Dear Anonymous:

Barack Obama was an Illinois elected official for EIGHT YEARS. He has been in the US Senate for almost FOUR. Hillary has been a US Senator for almost EIGHT YEARS. Now, Barack understands how things political work at local level for the constituents. As a US Senator he has learned that projects that benefit those constituents are lumped into "Pork Barrel" or earmarks. If you are the constituents of Arizona and your representative has done nothing to improve your state, what the heck has he been doing all of these years?

Joe_Mile (not verified) says:

I agree with you. Some people can't keep facts straight. They turn facts into lies and lies into facts. 1 term = 6 years, and 3 years for the same amount has Mr. Obama. Except Obama spend most of his time as Senate campaign for President which is his plan all along.

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