Judge Restores 18 Names to West Virginia Ballot

This week on Viewpoint, a federal judge has ensured that 18 third-party candidates’ names will appear before voters on November’s general election ballot. Over the course of a week, those names were included, eliminated and then restored to the ballots because of two consecutive court rulings. 

Chris Christie, the Fraternal Order of Police, and Kid Rock have thrown their weight behind Donald Trump in the 2016 presidential race. The Obamas, the AFL-CIO, and Meryl Streep, they’re going with Hillary.

But as a voter, does who these politicians, unions, or celebrities say they’re backing matter when you head to the polls?

We turn to two members of the academic world for the answer– David Jackson, a political science professor at Bowling Green State University in Ohio and Sean Kelly, a political science professor at California State University Channel Islands. 

W.Va. Ups Efforts to Increase Voter Registration

The Secretary of State’s Office is encouraging West Virginians of all ages to register to vote or update their current voter registration during National Voter Registration Month. 

September is National Voter Registration month. Last year, West Virginia launched its online voter registration system during September, and since then, 45,000 people have used the site, 20,000 of whom signed up to vote for the first time.

This month, the West Virginia Secretary of State’s Office is celebrating legislation passed during the 2016 legislative session making West Virginia the third state to implement an automatic voter registration system. Voters are automatically enrolled through the Division of Motor Vehicles with the option to opt out instead of opt in, like a majority of states.

At a press conference at the Capitol Thursday, Harrison County Clerk Susan Thomas said registering is only the first step.

“We can register all the people we want, but if they don’t go out and vote, our roles are inflated, but don’t get me wrong, registration is very important too.”

The deadline to register to vote in November’s general election is October 18. Early voting begins October 26.

West Virginia Schools Recognized for Voter Registration

Eleven West Virginia high schools have been recognized for student voter registration.

Secretary of State Natalie E. Tennant’s office announced the Jennings Randolph Award to the schools for the 2015-2016 academic year. The award recognizes 100 percent registration of voting-eligible students.

Tennant’s office says four schools received the award for the 2014-2015 year.

The schools recognized are Buffalo, Fairmont East, Independence, Man, Mount View, Philip Barbour, Ravenswood, River View, Sherman, St. Joseph Central Catholic and Wyoming East. At the 11 schools, 1,188 students were registered. Statewide, the group Inspire West Virginia registered 2,200 during the school year.

A news release from Tennant’s office says Inspire West Virginia student leaders collaborate with peers to lead nonpartisan voter registration projects at their high schools.

W.Va. Voting Booths: No Cameras Allowed. Or Are They?

West Virginia’s Secretary of State has made it very clear, West Virginia voters cannot take photos while in the voting booth. In fact, Secretary Natalie Tennant says you can’t take your phone into the voting booth at all. But some people don’t think state code is clear on the matter. 

A Questionable Ballot

David Delk of Ohio County voted early this year. He says he noticed something off about the ballot.

“When I got to the nonpartisan board of education ballot,” Delk recalled, “just the fact that five candidates were on one page and another candidate was on the second page, and there were no clear instructions on how to get to the second page – it just struck me as fundamentally unfair.”

So Delk did what comes naturally to many of us: “I took my phone out, and took a picture of that section of the ballot,” Delk said. Then he posted the picture on social media.

The Letter of the Law

Secretary of State’s Office says he wasn’t the only one documenting the voting experience. The office received  several other reports of photos taken inside ballot booths – photos which then appeared on social media. These reports prompted the office to issue a statement saying it’s illegal to photograph any part of the voting process, that no electronic devices or cellphones are allowed in the voting booth, and that poll workers have been instructed to tell people not to have devices out while voting.

“As code stands right now, it clearly and plainly says you cannot use an electronic device to record any of the proceedings,” said Secretary of State Natalie Tennant.

Delk, who also happens to be an attorney, maintains that the language does not really prohibit photographs or cell phones which brings the legislative intent into question.

“The language of the statute is important, every word is there for a reason,” said Delk. “And when they say you can’t take pictures that record the voting process, then there is a subcategory of pictures that you can take.”

§3-4A-23:Persons prohibited about voting booths; penalties:

Excepting election officials acting under authority of sections nineteen, twenty and twenty-two of this article in the conduct of the election, and qualified persons assisting voters pursuant to section twenty-two of this article, no person other than the voter may be in, about or within five feet of the voting booth during the time the voter is voting at any election. While the voter is voting, no person may communicate with the voter in any manner and the voter may not communicate with any other person or persons. No person may enter a voting booth with any recording or electronic device in order to record or interfere with the voting process. Any conduct or action of an election official about or around the voting booth while the voter is in the process of voting, except as expressly provided in this article, is a violation of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than twelve months, or both fined and confined.

 

A Modern Problem

This question of photos in the ballot booth isn’t a totally new problem, though it is new to this era of communication, texting, and selfies. New Hampshire tried to ban taking selfies with completed ballots a few years ago. A federal court overturned the state’s ban, ruling that the images are a constitutionally protected form of speech. Like officials in New Hampshire, Secretary Tennant cites concerns about potential vote-buying and voter intimidation.

“We have to look beyond just the moment of taking the picture and look at any unintended consequences,” Tennant said.

Delk says documenting problems as well as referring to notes and last-minute research on candidates are all reasons people shouldn’t be stripped of cell phones. And what if posting a selfie on social media reminds or even inspires another West Virginian to hit the polls in a state with record low voter turnouts? Tennant said: Take the picture right outside instead, or risk a $1000 fine and possible jail time.

After discussions with the West Virginia Secretary of State’s office, Delk removed his photo and replaced it with a drawing. Since then measures have been taken to correct the Ohio County ballot. And Secretary Tennant says while she’s willing to discuss changes lawmakers may want to make to state code,  at this point her interpretation of the law is that recording devices are not allowed in the voting booths.

Tennant: Selfies Not OK in Voting Booth

If you want to share your voting experience on social media, you’ll have to find some way other than taking a photo in the voting booth. West Virginia Secretary of State Natalie E. Tennant says it’s forbidden.

Tennant said in a news release Friday that it’s illegal to photograph any part of the voting process, and no electronic devices or cellphones are allowed in the voting booth.

She says signs are posted in every West Virginia precinct, and poll workers have been instructed to tell people not to have devices out while voting.

The early voting period began last Wednesday. Voters may cast their ballots during regular business hours and next Saturday at their county courthouse, courthouse annex or community voting location designated by the county.

Are There Issues With W.Va.'s Online Voter Registration?

Online voter registration – on the surface it may seem like a no-brainer idea to increase the number of voters in the state. But one county isn’t satisfied with the program.

In September of last year the Secretary of State’s office started offering the option of registering to vote online. Citizens can visit the Secretary of State’s website to register and often can visit their local county clerk’s site to also find the link. The option is seen as offering convenience, with the expectation of increasing the number of registered voters.  But Cabell County Clerk Karen Cole said the information being provided to the clerk isn’t satisfactory. 

“The issue that we have is that when we receive the information over the Secretary of State’s Online Voter registration program is that it doesn’t provide us with all the information that the law requires that we have to have in order to register a voter,” Cole said.

  The online registration program is setup to mirror that of the paper voter registration card that’s been previously used throughout the state. It asks questions like name, location, age and citizenship. Registrants must provide their driver’s license number and the last four digits of their social security number.  The computer program will pull the registrant’s signature from what’s on file with the West Virginia Division of Motor Vehicles.

But the system could be breached, according to Cole. She’s afraid that anyone who has access to another person’s license number and social could then fraudulently change another person’s registration information, like political party or voting location. 

“I don’t want to open the registration process in Cabell County to possible fraud, my job is to protect the county voter’s information and their records,” Cole said. “I’m terrified that at some point that we’re going to get an application from someone to change records and if we process it a voter’s record could be changed.”

"It doesn't provide us with all the information that the law requires." — Karen Cole, Cabell County Clerk

  So when Cole receives an online voter registration, she sends a self-addressed envelope back to the person wishing to register. The letter tells the citizen that Cole is not receiving enough information to properly register the person and needs them to fill out the accompanying voter registration card that’s long been used for registering to vote. 

A quick poll of various other counties shows that counties like Wood County and Monongalia County do process the online voter registration requests, while Kanawha processes applications of those making a move within the county or changing other information, but not residents that have just located to the area.  Those residents will have to request paper registration. West Virginia Secretary of State Natalie Tennant said the measures are in place to prevent fraud from occurring. She points out you first have to know the way the name is printed on the driver’s license, as well as the driver’s license number and the last four digits of the person’s social security number. 

“Then the questions that are asked you answer and agree being subject to perjury if you sign that and know it’s false or not and the it’s sent to the county clerk’s office that then processes it and then sends back that voter registration card back to the address that was used,” Tennant said. “So the person who’s name is on there is the one receiving it, so that person is going to know.”

Tennant said the law was passed in 2013 that allows for an Online Voter Registration Program. She said 

"They can fill out a paper form, but they shouldn't be forced to have to fill it out when there is a process they chose to use available." — Secretary of State Natalie Tennant

  they took their time to unveil the program, considering possible issues that may arise.   

Cole said the Cabell County Attorney told her if she had reservations about accepting then she shouldn’t.  Cole says to date she has received around two-hundred online voter registrations, for which she has sent a letter and voter registration card back to each participant. She said the public is only seeing the positive side of an online program. 

“You don’t have to go to the county clerk’s office anymore and you can sit in your pajamas at home drinking coffee and register to vote, that is a nice perspective, but they don’t know the laws and the information the clerks are getting and I think they would be a little bit upset that we’re expected to process these without having the legal information that is required in the code,” Cole said.

Tennant says if counties are still having issues they need to let her know directly.

She said the online registration program was developed to make it easier on both the county clerks and those looking to register. 

“That was one of the points here, the time it’s going to save county clerk’s and the money that it’s going to save the state and the great thing is to, if a citizen doesn’t want to use online voter registration they don’t have to, they can fill out the paper form, but they shouldn’t be forced to have to fill it out when there is a process they chose to use available,” Tennant said.

West Virginia’s Primary Election is May 10th. The deadline to register to vote in the Primary Election is April 19th

Exit mobile version