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State of Elections

A student-run blog from the Election Law Society

Bringing Elections Online in West Virginia

November 2, 2012

By Ian Mahoney

Every  election has its challenges and West Virginia has seen its fair share as of late. In addition to the factors one would expect to impede an election (such as geography, complicated rules, and confused voters), the state is reeling from the recent conviction and sentencing of three Lincoln County officials for election fraud. The issues of voter fraud and election integrity have received national attention this election season, which has led some states to raise the standards that voters must meet in order to cast their ballot. As tensions mount over keeping elections honest, it is difficult to imagine a state moving in the opposite direction and opening up their election process. Yet even in the face of clear violations of the law, West Virginia has still found ways to improve their election operations by relying on technology for transparency and efficiency.

The task of administering an election comes down to the difficult balance between meeting the demands of both voters and the law. These two interests are not necessarily competing, but it can be hard for officials to fulfill their legal obligations and still have the resources to properly inform and serve voters. Technological advancements may make both tasks easier. On this premise, West Virginia’s secretary of state’s office has embraced incorporating technological tools to help them both meet the letter of the law and reach the citizenry.

Statutory requirements are often treated with the most reverence, and typically have the most rigid policies attached to them. But that does not mean that it is impossible to streamline those tasks and bring them online. A recent example is West Virginia’s online “provisional ballot app,” introduced in May. Jake Glance, spokesperson for the secretary of state’s office, explains that the new app helps the state comply with the Help America Vote Act. According to the law, there must be a way for voters to check on the status of their provisional ballot. In this circumstance a website is the ideal method of compliance. Provisional ballots are cast in substantial numbers—the Pew Center on the States notes that voters cast more than 2 million nationwide in 2008—but not everyone that uses a provisional ballot will want to follow up on their vote’s status. Moving to an online system means that the service will be there for those who desire it without draining state resources.

Online communication also provides for the opportunity to go beyond what is required by law. Any way that officials can open up the process of government or assist voters in successfully casting their ballots leads to a more efficient and effective voting process. Some of this work can be done internally. Since October 2011 West Virginia’s secretary of state’s office has circulated a weekly newsletter to inform election officials of important news and deadlines. Directing this newsletter specifically to election officials represents an effort to encourage discussion and distribute critical information and is likely to have a large payoff when critical decisions need to be made.

Externally the secretary of state’s office is streamlining the way it coordinates with voters. Some of these techniques (such as Facebook and Twitter) are obvious, almost standard, nowadays. But the state has also expanded its services online in ways that help foster the ability to vote. West Virginia was one of fifteen states named an “All Star State” by the Military Voter Project. They earned the distinction for their encouragement of the right of servicemen and women that are overseas or are otherwise unable to make it their polling place to have their ballot sent to them electronically. The voter can then print out the ballot, fill it out, and send it back, cutting down the overall transaction time of absentee voting for servicemen and women.

Officials in West Virginia have dealt with egregious violations of election laws in the last year but have still found ways to markedly improve how they prepare for and operate elections. Election officials around the country are embracing new technologies to varying degrees. The example of West Virginia’s experience demonstrates how beneficial these tools can be for both election staff and voters.  Deploying tech tactics has become increasingly easier in the past two decades, These small improvements are poised to make a positive impact on Election Day.