The people who set voting rules, who design ballots and who supervise elections live in
the literate world. Not so for all voters -- a lesson that
became brutally clear during Florida's presidential election fiasco.
The ability to read has not been a requirement to vote in more
than 25 years. But with 24 million functionally illiterate adult Americans, the ability to
understand a ballot has become its own literacy test.
"The Supreme Court says there can't be a literacy test to
vote. But if you put the bar high enough, it's a literacy test in a new form," said
literacy expert Timothy Shanahan.
By creating ballots that were confusing even to educated people,
Florida election officials jeopardized the ability to vote for thousands of people who
lack an education, who have reading disabilities or who were born before standardized
testing made fill-in-the-bubble a familiar part of growing up.
In its examination of invalid ballots in 15 Florida counties, a
team of reporters from the Sun-Sentinel, the Orlando Sentinel and the Chicago Tribune
found thousands of ballots on which people negated their own votes by improperly filling
in the bubbles, voting for too many candidates and failing to follow instructions. In some
cases ballots were left blank.
Pam Karlan, a professor of law at Stanford University, said ever
since Congress banned literacy voting tests in 1975, a growing number of people have
assumed illiteracy no longer is a barrier at the polls.
But as Florida's election showed, the problem remains. It's not a
problem of race, she said, but one of education.
"Voting is one place where it's difficult to get by without
reading," said Karlan, who studies voting rights issues and recently wrote a book,
When Elections Go Bad. "Literacy is a big barrier to political participation."
Trouble in Gadsden
A prime example is Gadsden County, Florida's only predominantly
black county. Gadsden had the highest percentage of discarded presidential ballots of
Florida's 67 counties.
And St. John Precinct had the largest percentage of invalid votes
in the county. The precinct, nestled beside the Georgia state line, is anchored by St.
John Elementary School, where 89 percent of the students are black, 10 percent are
Hispanic and 1 percent are white -- children of farm laborers who work the tomato fields.
This is a poor county and its schools reflect that. All but one of
16 Gadsden's public schools received a D on a statewide report card from the Department of
Education. The best school in the county got a C.
Half of Gadsden's adult black population didn't graduate from high
school.
Almost a fourth of St. John Precinct's presidential ballots were
tossed out because voters didn't follow directions. They either voted for more than one
candidate or didn't fill in the ballot's optical-scan bubbles properly.
Vivian Kelly, an 81-year-old retired schoolteacher and Democratic
activist, doesn't think that voters intentionally ignored the directions and negated their
own votes.
In many cases, she contends, they couldn't read them.
"We had a lot of people register at the last minute this
summer, but some of them just didn't know how to vote," said Kelly. "There are
little things that you have to tell people who don't read well."
White voters in Florida also had problems understanding the
ballot.
In Lake County's Precinct 65, which is 99 percent white, 123
voters filled out their ballots incorrectly. In Levy County's Precinct 1, which is 89
percent white, 47 presidential ballots were rejected because of voter error.
The problem is that ballots in Gadsden and 13 other counties
examined by the newspapers are unnecessarily complex and confusing -- even to educated
voters.
"Some of the things here are not just problems that would
throw someone with literacy problems," said Shanahan, director of the Center for
Literacy at the University of Illinois in Chicago. "I could imagine a good reader
would find this confusing."
Poor design
The ballot stumbling blocks range from poor design to arcane and
ambiguous language. Some examples:
A voter is instructed to ask for a new ballot if "you spoil
your ballot." A "spoiled ballot" is elections-speak for a ballot on which a
voter has made a mistake. Literacy experts suggest just saying, "If you make a
mistake, ask for another ballot."
"Vote for ONE Group" could be interpreted as
instructions to vote for a group of candidates instead of one pair of presidential and
vice presidential candidates. The Florida supervisors of elections, meeting in Kissimmee
last week, proposed to change the wording to "Vote for One."
A space at the bottom of the presidential ballot allows for
"write-in candidates." But that can be misinterpreted as an instruction to write
in the name of a candidate you already voted for. In fact, 962 voters in 15 Florida
counties did just that -- invalidating their ballots by voting for the candidate and then
writing in his name in the space provided below.
Placement of the ballot bubble between the names of presidential
and vice presidential candidates is confusing. In November, many voters drew their own
bubbles by the names of the presidential candidates -- mirroring how the bubbles were
aligned next to candidates for U.S. Senate, Congress and other races. Other states placed
the bubble next to the name of the presidential candidate.
State-mandated wording at the top of the presidential ballot that
"a vote for the candidates will actually be a vote for their electors" is an
Election Day civics lesson that likely confuses voters. Other states have ballots that
simply state, "vote for president and vice president."
Splitting the presidential candidates into two columns -- without
any explanation that the list of candidates continued in a second column -- was sure to
confuse voters. In fact, 4,268 voters in 14 counties with split-column ballots voted for
only Gore or Bush in the first column but then nullified that vote by picking another
presidential candidate in the second column.
Both Republicans and Democrats succeeded in increasing voter
registration and voter turnout for the 2000 presidential election. But if the voters
recruited by registration drives can't read or understand the ballot, those efforts are
futile.
"In this rush to register voters, the issue of how to vote
was overlooked," said Tom Sanson, former chairman of the Republican Party in Jackson
County. "If we do a better job with voter education, then I think we will have less
mistakes."
In Gadsden County, Vivian Kelly has vowed to take up the crusade
herself. After concentrating on registering voters since the 1960s, Kelly now plans a
voter education drive to teach people how to properly cast their ballots.
"There are a lot of people who go to the polls and just don't
understand," Kelly said.
"I'm going to go precinct by precinct and let them know that
there is help available to people if they need it."