Questionable Voting Technology Raises Equal Protection Concerns
Washington, DC - The U.S. Commission on Civil Rights today expressed dismay over the continued use of questionable voting technology that could result in widespread voter disenfranchisement in California and elsewhere.
"Because our jurisdiction covers the issue of voting for all Americans, the Commission is always concerned when there is a possibility that voters may be denied the right to vote," stated Commission Chairperson Mary Frances Berry. "Given our nation's history, we are especially concerned when the voters at risk are from historically disenfranchised communities. Voting is a fundamental right that must be protected for everyone," she added.
Six counties in California utilize outdated punch-card voting systems of the same type that sparked the "hanging chads" litigation in Florida during the 2000 presidential election. Nearly half of registered voters in California reside in these six counties. A lawsuit filed with the 9th Circuit Court of Appeals representing voters of color in California maintains that punch-card voting systems have an error rate more than twice that of newer voting technologies.
The Commission conducted an exhaustive investigation in Florida following the 2000 election. Findings indicate that voters of color, elderly voters and voters with limited English proficiency were more likely to have their ballots rejected. Older voters were particularly at risk for disenfranchisement because precincts with large concentrations of older voters had substantially larger numbers of "dimpled" ballots.
At the conclusion of its investigation, the Commission urged Florida to replace its outdated punch-card system with newer technology to ensure that all votes can be counted in future elections.
Whatever the outcome of the litigation in California and whatever new technology is eventually determined more effective, "the Commission implores all states to do everything within their power to ensure that all voters have a chance to be heard, regardless of race, national origin, age or disability," Berry said.
09/22/03