The United States Of America

The Constitution And Democracy

Voting Machine
Voting Machine, The intricate mechanism which casts and counts the votes of millions of citizens in the United States today is in marked contrast to the simple devices which served as the first voting machines. Near the close of the 19th century machines which combined voting and counting were used. The first official use of voting machines in the United States occurred in Lockport, N.Y., in 1892. Four years later they were employed on a large scale in Rochester, N.Y., and within a short time came into wide use throughout the state. The movement for the use of the voting machine, especially in states with numerous presidential electors, has paralleled that for the adoption of the presidential short Ballot (the form which omits the names of the electors, showing only names of candidates for president and vice president).

The voting machine, a mechanical Australian ballot, grew out of the need to correct the abuses which developed with the paper ballot (in spite of its uniform and official character and of its being marked in secrecy at the official polling place), and the need to provide a prompt and accurate count. Its use eliminates, as much as possible, fraud, error, and carelessness on the part of both the voter and the Election officials, and, at the same time, greatly facilitates the totaling of election results.

Operation
The counters of the machine must be inspected and set at 000 before the polls open; then the machine adds the votes as they are cast. When the last voter opens the curtain to leave the machine, the total votes for each candidate and for each proposition appear on the counters. The election judge or the inspector locks the machine against further voting and opens the counting compartment in the presence of all persons who are lawfully in the polling place. A certificate of the number of votes cast for each candidate and for each proposition on the machine and on the "irregular ballots" (those cast on paper for persons whose names do not appear on the ballot label of the machine) is then made and signed as required by law for election returns. When the canvass is completed the machine must remain locked for a stated period, usually 30 days. If a recanvass is demanded, the court may order the machines to be opened and examined--a procedure more accurate and less expensive than a recount of paper ballots.

Economy
The voting machine also cuts down election costs. Precincts may be consolidated since the voter can cast his vote in a shorter time on the machine than on a paper ballot. This reduction in the number of precincts cuts cost of personnel, supplies, and rent. Since the machine is equipped with a curtain which conceals the voter the expense of constructing booths is eliminated. There is a saving in printing costs since the ballot label fits into the frame of the machine. Some paper ballots must still be printed for educational purposes and for absent voters. Although there are admitted economies in the use of the voting machine over the paper ballot, there are expenses in connection with the machine in addition to the initial cost: storage, insurance, upkeep, replacement, and the education of election officials and voters.

Constitutionality
The constitutionality of voting machine legislation was challenged in many of the states. Some adopted elastic constitutional provisions delegating power to the legislature to prescribe the method of voting provided that secrecy be preserved (for example, Arizona constitution, 1912, Art. 8, sect. 1). The Supreme Courts of several states invalidated the first voting machine laws on the ground of unconstitutionality. In Kentucky (Jefferson Co. ex rel. Grauman v. Jefferson Co. Fiscal Court, 273 Ky. 674 [1938]) the state Supreme Court ruled: "Unquestionably the framers of the Constitution meant that a paper ballot with the names of the candidates upon it should be furnished." On the other hand the Supreme Courts of certain other states interpreted more liberally--for example in Iowa (U.S. Standard Voting Machine Co. v. Hobson, 109 N.W. 458 [1900]) the court said: "Voting by means of a voting machine is voting by ballot. The constitutional provision that elections shall be by ballot was intended to require and protect the secrecy of the ballot, with the general purpose of guarding against intimidation, securing freedom in the exercise of the elective franchise and reducing to a minimum the incentive to bribery."

Requirements for Use
The states that have adopted voting machine laws have prohibited the approval by commissioners of any machine which does not meet certain requirements. The machine must allow each elector to vote in secrecy either a straight party ticket (when the law so provides) or a split ticket; prevent any elector voting for more candidates for a given office than he is entitled to; enable each elector to vote by irregular ballot for a person whose name does not appear on the machine; be of such character that each elector may readily and intelligently vote for all candidates of his choice; allow a voter to change his choice before he completes his vote; and possess one or more locks which would forestall any fraudulent manipulation. In polling places using the machines, provision is made for the voter whose right to vote is challenged--by supplying him an official paper ballot or an absent voting ballot marked "Challenged Ballot" on the back, or by allowing him to vote on the keyboard of the machine or in the space provided for voting an "irregular ballot" and marking "challenged" beside his name on the poll list.

Much of the early dissatisfaction with the machines was caused by lack of understanding on the part of officials and voters. Now all states using machines provide training for election officials. in Florida no one may serve as a member of any board of election where machines are used without being certified by the custodian of machines as qualified to perform the duties in connection with the machine. Sample or specimen ballot labels on a reduced scale are distributed for educational purposes before the election and are on display at the polling places. Some states (New York, for example) place a machine on public exhibition in charge of a competent instructor at least three days before an election. Many states require that a miniature functioning model be in the polling place for the voter to operate before going in to cast his vote.

Machines are manufactured today to meet the requirements of the party-column ballot and of the office-group ballot, with or without facilities for voting a straight ticket. A machine can be found to meet the needs of any election district for the primary as well as for the general election. The largest machines will record the votes of nine parties of 70 candidates each and provide space for 35 questions.

Spencer D. Albright 
Professor of History and Political Science, University of Richmond