Chapter 7
Chapter 7
FIGURE 7.1 In 2019, Andy Beshear was narrowly elected governor of Kentucky after serving as attorney general in
the state. After winning reelection by a wider margin in 2023, he and Lieutenant Governor Jacqueline Coleman
remain Kentucky's only Democratic statewide elected officials, and the state has consistently voted Republican in
subsequent Presidential and Congressional elections. (credit: modification of "Press Conference with Senator Mitch
McConnell and Gov. Andy Beshear" by SPC Georgia Napier/DVIDS, Public Domain)
CHAPTER OUTLINE
7.1 Voter Registration
7.2 Voter Turnout
7.3 Elections
7.4 Campaigns and Voting
7.5 Direct Democracy
INTRODUCTION Lawyer Andy Beshear became the attorney general of Kentucky in 2016 after defeating the
incumbent by fewer than 2,000 votes. A Democrat in a Republican-dominated state, he engaged in widely
publicized lawsuits against the governor, Matt Bevin. Beshear challenged the governor on issues related to
overstepping gubernatorial authority, such as restructuring teacher pensions, replacing university boards, and
similar actions, without the involvement of the state legislature. While he was only successful in some cases,
Beshear elevated his reputation and gained support against Bevin, whom polls indicated was the least popular
governor in the nation. Beshear also filed landmark lawsuits against pharmaceutical companies for their roles
in the Kentucky's (and the nation's) opioid crisis; several of those companies settled the suits for massive
226 7 • Voting and Elections
sums.
Beshear ran against Bevin in the 2019 election. While he had gained popularity and recognition, winning an
election in a Republican state was a challenge. Beshear navigated sensitive issues such as gun rights and
abortion by taking positions that appealed to Democrats in Kentucky's urban areas and were generally were
acceptable to moderate Republicans. For example, he indicated he would not pursue an assualt weapons ban.
Beshear defeated Bevin in what was the closest governor's race in Kentucky history. In 2023, he ran for and
won reelection by a wider margin: approximately 5 percent.1
Before most voters are allowed to cast a ballot, they must register to vote in their state. This process may be as
simple as checking a box on a driver’s license application or as difficult as filling out a long form with
complicated questions. Registration allows governments to determine which citizens are allowed to vote and,
in some cases, from which list of candidates they may select a party nominee. Ironically, while government
wants to increase voter turnout, the registration process may prevent various groups of citizens and non-
citizens from participating in the electoral process.
The varied registration and voting laws across the United States have long caused controversy. In the
aftermath of the Civil War, southern states enacted literacy tests, grandfather clauses, and other requirements
intended to disenfranchise Black voters in Alabama, Georgia, and Mississippi. Literacy tests were long and
detailed exams on local and national politics, history, and more. They were often administered arbitrarily with
more African Americans required to take them than White people.2 Poll taxes required voters to pay a fee to
vote. Grandfather clauses exempted individuals from taking literacy tests or paying poll taxes if they or their
fathers or grandfathers had been permitted to vote prior to a certain point in time. While the Supreme Court
determined that grandfather clauses were unconstitutional in 1915, states continued to use poll taxes and
literacy tests to deter potential voters from registering.3 States also ignored instances of violence and
intimidation against African Americans wanting to register or vote.4
The ratification of the Twenty-Fourth Amendment in 1964 ended poll taxes, but the passage of the Voting
Rights Act (VRA) in 1965 had a more profound effect (Figure 7.2). The act protected the rights of minority
voters by prohibiting state laws that denied voting rights based on race. The VRA gave the attorney general of
the United States authority to order federal examiners to areas with a history of discrimination. These
examiners had the power to oversee and monitor voter registration and elections. States found to violate
provisions of the VRA were required to get any changes in their election laws approved by the U.S. attorney
general or by going through the court system. However, in Shelby County v. Holder (2013), the Supreme Court,
in a 5–4 decision, threw out the standards and process of the VRA, effectively gutting the landmark
legislation.5 This decision effectively pushed decision-making and discretion for election policy in VRA states
to the state and local level. Several such states subsequently made changes to their voter ID laws and North
Carolina changed its plans for how many polling places were available in certain areas. This is the legal avenue
though which legislators in scores of U.S. states in 2021 have introduced legislation to make voter registration
requirements more stringent and to limit options in terms of voting methods. The extent to which such
changes will violate equal protection is unknown in advance, but such changes often do not have a neutral
effect.
FIGURE 7.2 The Voting Rights Act (a) was signed into law by President Lyndon B. Johnson (b, left) on August 6,
1965, in the presence of major figures of the civil rights movement, including Rosa Parks and Martin Luther King Jr.
(b, center).
The effects of the VRA were visible almost immediately. In Mississippi, only 6.7 percent of Black people were
registered to vote in 1965; however, by the fall of 1967, nearly 60 percent were registered. Alabama
experienced similar effects, with African American registration increasing from 19.3 percent to 51.6 percent.
Voter turnout across these two states similarly increased. Mississippi went from 33.9 percent turnout to 53.2
percent, while Alabama increased from 35.9 percent to 52.7 percent between the 1964 and 1968 presidential
elections.6
Following the implementation of the VRA, many states have sought other methods of increasing voter
registration. Several states make registering to vote relatively easy for citizens who have government
documentation. Oregon has few requirements for registering and registers many of its voters automatically.
North Dakota has no registration at all. In 2002, Arizona was the first state to offer online voter registration,
which allowed citizens with a driver’s license to register to vote without any paper application or signature. The
system matches the information on the application to information stored at the Department of Motor Vehicles,
to ensure each citizen is registering to vote in the right precinct. Citizens without a driver’s license still need to
file a paper application. More than eighteen states have moved to online registration or passed laws to begin
doing so. The National Conference of State Legislatures estimates, however, that adopting an online voter
registration system can initially cost a state between $250,000 and $750,000.7
Other states have decided against online registration due to concerns about voter fraud and security.
Legislators also argue that online registration makes it difficult to ensure that only citizens are registering and
that they are registering in the correct precincts. As technology continues to update other areas of state
recordkeeping, online registration may become easier and safer. In some areas, citizens have pressured the
states and pushed the process along. A bill to move registration online in Florida stalled for over a year in the
legislature, based on security concerns. With strong citizen support, however, it was passed and signed in
2015, despite the governor’s lingering concerns. In other states, such as Texas, both the government and
citizens are concerned about identity fraud, so traditional paper registration is still preferred.
In all states except North Dakota, a citizen wishing to vote must complete an application. Whether the form is
online or on paper, the prospective voters will list their name, residency address, and in many cases party
identification (with Independent as an option) and affirm that they are competent to vote. States may also have
a residency requirement, which establishes how long a citizen must live in a state before becoming eligible to
register: it is often thirty days. Beyond these requirements, there may be an oath administered or more
questions asked, such as felony convictions. If the application is completely online and the citizen has
government documents (e.g., driver’s license or state identification card), the system will compare the
application to other state records and accept an online signature or affidavit if everything matches up
correctly. Citizens who do not have these state documents are often required to complete paper applications.
States without online registration often allow a citizen to fill out an application on a website, but the citizen will
receive a paper copy in the mail to sign and mail back to the state.
Another aspect of registering to vote is the timeline. States may require registration to take place as much as
thirty days before voting, or they may allow same-day registration. Maine first implemented same-day
registration in 1973. Fourteen states and the District of Columbia now allow voters to register the day of the
election if they have proof of residency, such as a driver’s license or utility bill. Many of the more populous
states (e.g., Michigan and Texas), require registration forms to be mailed thirty days before an election. Moving
means citizens must re-register or update addresses (Figure 7.3). College students, for example, may have to
re-register or update addresses each year as they move. States that use same-day registration had a 4 percent
higher voter turnout in the 2012 presidential election than states that did not.9 Yet another consideration is
how far in advance of an election one must apply to change one’s political party affiliation. In states with closed
primaries, it is important for voters to be allowed to register into whichever party they prefer. This issue came
up during the 2016 presidential primaries in New York, where there is a lengthy timeline for changing your
party affiliation.
FIGURE 7.3 Moving requires a voter to re-register or update their address in the system. Depending on the state,
this notification can sometimes be completed through the Department of Motor Vehicles, as in California. Many
states now have online forms.
Some attempts have been made to streamline voter registration. The National Voter Registration Act (1993),
often referred to as Motor Voter, was enacted to expedite the registration process and make it as simple as
possible for voters. The act required states to allow citizens to register to vote when they sign up for driver’s
licenses and Social Security benefits. On each government form, the citizen need only mark an additional box
to also register to vote. Unfortunately, while increasing registrations by 7 percent between 1992 and 2012,
Motor Voter did not dramatically increase voter turnout.10 In fact, for two years following the passage of the
act, voter turnout decreased slightly.11 It appears that the main users of the expedited system were those
already intending to vote. One study, however, found that preregistration may have a different effect on youth
than on the overall voter pool; in Florida, it increased turnout of young voters by 13 percent.12
In 2015, Oregon made news when it took the concept of Motor Voter further. When citizens turn eighteen, the
state now automatically registers most of them using driver’s license and state identification information.
When a citizen moves, the voter rolls are updated when the license is updated. While this policy has been
controversial, with some arguing that private information may become public or that Oregon is moving toward
mandatory voting, automatic registration is consistent with the state’s efforts to increase registration and
turnout.13
Oregon’s example offers a possible solution to a recurring problem for states—maintaining accurate voter
registration rolls. During the 2000 election, in which George W. Bush won Florida’s electoral votes by a slim
majority, attention turned to the state’s election procedures and voter registration rolls. Journalists found that
many states, including Florida, had large numbers of phantom voters on their rolls, voters had moved or died
but remained on the states’ voter registration rolls.14 The Help America Vote Act of 2002 (HAVA) was passed in
order to reform voting across the states and reduce these problems. As part of the Act, states were required to
update voting equipment, make voting more accessible to people with disabilities, and maintain computerized
voter rolls that could be updated regularly.15
Over a decade later, there has been some progress. In Louisiana, voters are placed on ineligible lists if a voting
registrar is notified that they have moved or become ineligible to vote. If the voter remains on this list for two
general elections, that registration is cancelled. In Oklahoma, the registrar receives a list of deceased residents
from the Department of Health.16 Twenty-nine states now participate in the Interstate Voter Registration
Crosscheck Program, which allows states to check for duplicate registrations.17 At the same time, Florida’s use
of the federal Systematic Alien Verification for Entitlements (SAVE) database has proven to be controversial,
because county elections supervisors are allowed to remove voters deemed ineligible to vote.18
LINK TO LEARNING
The National Association of Secretaries of State maintains a website ([Link] that
directs users to their state’s information regarding voter registration, identification policies, and polling
locations.
Beyond those jailed, some citizens have additional expectations placed on them when they register to vote.
Wisconsin requires that voters “not wager on an election,” and Vermont citizens must recite the “Voter’s Oath”
before they register, swearing to cast votes with a conscience and “without fear or favor of any person.”22
230 7 • Voting and Elections
GET CONNECTED!
Where to Register?
Across the United States, over twenty million college and university students begin classes each fall, many away
from home. The simple act of moving away to college presents a voter registration problem. Elections are local. Each
citizen lives in a district with state legislators, city council or other local elected representatives, a U.S. House of
Representatives member, and more. State and national laws require voters to reside in their districts, but students
are an unusual case. They often hold temporary residency while at school and return home for the summer.
Therefore, they have to decide whether to register to vote near campus or vote back in their home district. What are
the pros and cons of each option?
Maintaining voter registration back home is legal in most states, assuming a student holds only temporary residency
at school. This may be the best plan, because students are likely more familiar with local politicians and issues. But
it requires the student to either go home to vote or apply for an absentee ballot. With classes, clubs, work, and
more, it may be difficult to remember this task. One study found that students living more than two hours from
home were less likely to vote than students living within thirty minutes of campus, which is not surprising.23
Registering to vote near campus makes it easier to vote, but it requires an extra step that students may forget
(Figure 7.4). And in many states, registration to vote in a November election takes place in October, just when
students are acclimating to the semester. They must also become familiar with local candidates and issues, which
takes time and effort they may not have. But they will not have to travel to vote, and their vote is more likely to affect
their college and local town.
FIGURE 7.4 On National Voter Registration Day in 2012, Roshaunda McLean (a, left), campus director of the
Associated Students of the University of Missouri, and David Vaughn (a, right), a Missouri Student Association
senator, register voters on campus. Cassie Dorman (b, left) and Samantha Peterson (b, right), both eighteen years
old, were just two of the University of Missouri students registering to vote for the first time. (credit a, b: modification
of work by “KOMUnews”/Flickr)
Have you registered to vote in your college area, or will you vote back home? What factors influenced your decision
about where to vote?
Campaign managers worry about who will show up at the polls on Election Day. Will more Republicans come?
More Democrats? Will a surge in younger voters occur this year, or will an older population cast ballots? We can
actually predict with strong accuracy who is likely to vote each year, based on identified influence factors such
as age, education, and income. Campaigns will often target each group of voters in different ways, spending
precious campaign dollars on the groups already most likely to show up at the polls rather than trying to
persuade citizens who are highly unlikely to vote.
COUNTING VOTERS
Low voter turnout has long caused the media and others to express concern and frustration. A healthy
democratic society is expected to be filled with citizens who vote regularly and participate in the electoral
process. People like Stacey Abrams, who founded Fair Fight Action in 2018, and organizations such as the
League of Women Voters and Project Vote Smart (Figure 7.5) work hard to increase voter turnout in all age
groups across the United States. But just how low is voter turnout? The answer depends on who is calculating it
and how. There are several methods, each of which highlights a different problem with the electoral system in
the United States.
FIGURE 7.5 Stacey Abrams, shown here campaigning in Georgia in 2018, became involved in voter turnout efforts
after losing her closely contested gubernatorial election (a). Women represent The League of Women Voters of
California at a Sacramento convention in 2017 (b). Congresswoman Joyce Beatty (center), who represents Ohio's
3rd Congressional District in the U.S. House of Representatives, attends a voter registration drive in September
2020 (c). (credit a: modification of "Stacey Abrams Campaigning in 2018" by The Circus/Wikimedia Commons, CC
BY; credit b: modification of "The League of Women Voters of California" by League of Women Voters/Flickr, CC BY;
credit c: modification of "Joyce Beatty at Voter Registration Drive in Ohio" by Office off Joyce Beatty/Wikimedia
Commons, Public Domain)
LINK TO LEARNING
Interested in mobilizing voters? Explore Rock the Vote ([Link] and The Voter
Participation Center ([Link] for more information.
Calculating voter turnout begins by counting how many ballots were cast in a particular election. These votes
must be cast on time, either by mail or in person. The next step is to count how many people could have voted
in the same election. This is the number that causes different people to calculate different turnout rates. The
complete population of the country includes all people, regardless of age, nationality, ability, health, or
freedom. We can count subsections of this population to calculate voter turnout. For instance, the next largest
population in the country is the voting-age population (VAP), which consists of persons who are eighteen and
older. Some of these persons may not be eligible to vote in their state, but they are included because they are of
age to do so.24
An even smaller group is the voting-eligible population (VEP), citizens eighteen and older who, whether they
have registered or not, are eligible to vote because they are citizens, and not imprisoned. If a state has more
stringent requirements, such as not having a felony conviction, citizens counted in the VEP must meet those
criteria as well. States also have different guidelines or requirements for people with intellectual disabilities,
mental illness, and other criteria, which can be used to temporarily or permanently bar people from voting.
232 7 • Voting and Elections
(The practices have frequently been used in a discriminatory way.) As a result, this population is much harder
to measure, but statisticians who use the VEP will generally take the VAP and subtract the state’s prison
population and any other known group that cannot vote. This results in a number that is somewhat theoretical;
however, in a way, it is more accurate when determining voter turnout.25
The last and smallest population is registered voters, who, as the name implies, are citizens currently
registered to vote. Now we can appreciate how reports of voter turnout can vary. As Figure 7.6 shows, 83
percent of registered voters voted in the 2024 presidential election, which represents 46 percent of the total
U.S. population. While 46 percent is indeed low and might cause alarm, some people included in it are under
eighteen, not citizens, or unable to vote due to competency or prison status. The next number shows that just
over 59 percent of the voting-age population voted, and 64 percent of the voting-eligible population. The
highest turnout ratio is calculated using the smallest population: 84 percent of registered voters voted. Those
who argue that a healthy democracy needs high voter turnout will look at the voting-age population or voting-
eligible population as proof that the United States has a problem. Those who believe only informed and active
citizens should vote point to the registered voter turnout numbers instead. However, looking at only one
number can be deceiving. For example, if one compares the percentage of registered voters who voted in 2024
(84 percent) versus 2020 (77 percent), it would seem as if voter turnout had increased significantly; however, if
one looks at the percentage of the voting-eligible population who voted in these same years (64 percent in
2024 versus 67 percent in 2020), one can see that is not the case. In fact, the number of votes cast in the 2024
election decreased by over 3.4 million votes. So, while a larger percentage of registered voters voted in 2024
versus 2020, the pool of registered voters was much smaller as was the total number of people who voted.26
FIGURE 7.6 There are many ways to measure voter turnout depending on whether we calculate it using the total
population, the voting-age population (VAP), the voting-eligible population (VEP), or the total number of registered
voters.
Some campaigns and civic groups target members of the voting-eligible population who are not registered,
especially in states that are highly contested during a particular election. The Association of Community
Organizations for Reform Now (ACORN), which is now defunct, was both lauded and criticized for its efforts to
get voters in low socio-economic areas registered during the 2008 election.27 Similarly, interest groups in Los
Angeles were criticized for registering homeless citizens as a part of an effort to gather signatures to place
propositions on the ballot.28 These potential voters may not think they can vote, but they might be persuaded
to register and then vote if the process is simplified or the information they receive encourages them to do so.
Campaigns also target different age groups with different intensity, because age is a relatively consistent factor
in predicting voting behavior. Those between eighteen and twenty-five are least likely to vote, while those sixty-
five to seventy-four are most likely. One reason for lower voter turnout among younger citizens may be that
they move frequently.29 Another reason may be circular: Youth are less active in government and politics,
leading the parties to neglect them. When people are neglected, they are in turn less likely to become engaged
in government.30 They may also be unaware of what a government provides. Younger people are often still in
college, perhaps working part-time and earning low wages. They are unlikely to be receiving government
benefits beyond Pell Grants or government-subsidized tuition and loans. They are also unlikely to be paying
taxes at a high rate. Government is a distant concept rather than a daily concern, which may drive down
turnout.
In 2016, for example, the Census Bureau reported that only 51 percent of eligible voters between the ages of
eighteen and twenty-four registered and 39 percent voted, while 75 percent of sixty-five to seventy-four-year-
olds registered and 68 percent voted.31 Once a person has retired, reliance on the government will grow if they
draw income from Social Security, receive health care from Medicare, and enjoy benefits such as
transportation and social services from state and local governments (Figure 7.7).
FIGURE 7.7 On January 7, 2008, John McCain campaigned in New Hampshire among voters holding AARP signs (a).
AARP, formerly the American Association of Retired Persons, is one of the most influential interest groups because
senior citizens are known to vote at nearly double the rate of young people (b), thanks in part to their increased
reliance on government programs as they age. (credit a: modification of "John McCain" by Ryan Glenn/Flickr, CC BY)
Due to consistently low turnout among the young, several organizations have made special efforts to
demonstrate to younger citizens that voting is an important activity. Rock the Vote began in 1990, with the goal
of bringing music, art, and pop culture together to encourage the youth to participate in government. The
organization hosts rallies, festivals, and concerts that also register voters and promote voter awareness,
bringing celebrities and musicians to set examples of civic involvement. Rock the Vote also maintains a
website that helps young adults find out how to register in their state. In 2018, former first lady Michelle
Obama founded the organization "When We All Vote" to encourage voter registration and participation in the
2020 electoral process. Joining Obama as co-chairs on her "voting squad" were Tom Hanks, Rita Wilson,
Selena Gomez, Faith Hill, Lin-Manuel Miranda, and Chris Paul. These efforts may indeed have helped increase
turnout, as 2020 brought record levels of participation, despite the challenges of the COVID-19 pandemic.
(Figure 7.8).32
234 7 • Voting and Elections
FIGURE 7.8 Voting rates by age groups have tended downward since 1964, with the exception of those 65 and over,
who now lead in terms of turnout. Source: U.S. Census Bureau, Current Population Survey, Select Years
MILESTONE
Making a Difference
In 2008, for the first time since 1972, a presidential candidate intrigued America’s youth and persuaded them to
flock to the polls in record numbers. Barack Obama not only spoke to young people’s concerns but his campaign
also connected with them via technology, wielding texts and tweets to bring together a new generation of voters
(Figure 7.9).
FIGURE 7.9 On November 5, 2008, union members get ready to hit the streets in Milwaukee, Wisconsin, to “get
out the vote” (GOTV) for Barack Obama (a). On August 23, 2008, the Obama campaign texted supporters directly
in order to announce that he had selected then- Senator Joe Biden (D-DE) as his running mate (b). (credit a:
modification of work by Casie Yoder; credit b: modification of work by “brownpau”/Flickr)
The high level of interest Obama inspired among college-aged voters was a milestone in modern politics. Since
the 1971 passage of the Twenty-Sixth Amendment, which lowered the voting age from 21 to 18, voter turnout in
the under-25 range has been low. While opposition to the Vietnam War and the military draft sent 50.9 percent
of 21- to 24-year-old voters to the polls in 1964, after 1972, turnout in that same age group dropped to below 40
percent as youth became disenchanted with politics. In 2008, however, it briefly increased to 45 percent from
only 32 percent in 2000. Yet, despite high interest in Obama’s candidacy in 2008, younger voters were less
enchanted in 2012—only 38 percent showed up to vote that year.33
What qualities should a presidential or congressional candidate show in order to get college students excited and
voting? Why?
Citizens’ socioeconomic status—the combination of education, income, and social status—may also predict
whether they will vote. Among those who have completed college, the 2020 voter turnout rate jumps to 80
percent of eligible voters, compared to about 60 percent for those without a college degree.34 This is due in
part to the powerful effect of education, one of the strongest predictors of voting turnout. Income also has a
strong effect on the likelihood of voting. Citizens earning $150.000 a year or more are very likely to vote and
over 80 percent of them do, while only 55 percent of those who earn $25,000 a year vote.35 Once high income
and college education are combined, the resulting high socioeconomic status strongly predicts the likelihood
that a citizen will vote.
Race is also a factor. White people turn out to vote in the highest numbers, with 71 percent of non-Hispanic
White citizens voting in 2020. In comparison, 63 percent of African Americans, 59 percent of Asian Americans,
and 54 percent of Hispanic citizens voted in 2020. Voting turnout can increase or decrease based upon the
political culture of a state, however. Hispanics, for example, often vote in higher numbers in states where there
has historically been higher Hispanic involvement and representation, such as New Mexico, where 59 percent
of Hispanic voters turned out in 2020.36 In 2016, while Donald Trump rode a wave of discontent among White
voters to the presidency, the fact that Hillary Clinton nearly beat him may have had as much to do with the
record turnout of Latinos in response to numerous remarks on immigration that Trump made throughout his
campaign. Latinos made up 13 percent of the electorate in 2020, up from nearly 12 percent in 2016, and 10
percent in 2012.37
While less of a factor today, gender has historically been a factor in voter turnout. After 1920, when the
Nineteenth Amendment gave women the right to vote, women began slowly turning out to vote, and now they
do so in high numbers. Today, more women vote than men. In 2016, a record 73.7 million women (63.3
percent) reporting voting, as compared to 63.8 million men (59.3 percent).38 While women do not vote
exclusively for one political party, 41 percent are likely to identify as Democrats and only 25 percent are likely
to identify as Republicans.39 The margin that Hillary Clinton won was more narrow in Florida than many
presumed it would be and may have helped Donald Trump win that state. Even after allegations of sexual
assault and revelations of several instances of sexism by Mr. Trump, Clinton only won 54 percent of the
women’s vote in Florida. In contrast, rural voters voted overwhelmingly for Trump, at much higher rates than
they had for Mitt Romney in 2012.
LINK TO LEARNING
Check out this website ([Link] to find out who is voting and who isn’t.
One prominent reason for low national voter turnout is that participation is not mandated. Some countries,
such as Belgium and Turkey, have compulsory voting laws, which require citizens to vote in elections or pay a
fine. This helps the two countries attain VAP turnouts of 87 percent and 86 percent, respectively, compared to
the U.S. turnout of 54 percent. Sweden and Germany automatically register their voters, and 83 percent and 66
percent vote, respectively. Chile’s decision to move from compulsory voting to voluntary voting caused a drop
in participation from 87 percent to 46 percent.41
236 7 • Voting and Elections
LINK TO LEARNING
Do you wonder what voter turnout looks like in other developed countries? Visit the Pew Research Center
report on international voting turnout ([Link] to find out.
Low turnout also occurs when some citizens are not allowed to vote. One method of limiting voter access is the
requirement to show identification at polling places. Supporters of strict voter ID requirements argue that
these restrictions are required to prevent fraud, such as casting multiple votes, and to maintain the integrity of
election results. Opponents, however, claim there is little evidence that such fraud is taking place. Research
into the effect of voter ID laws on voter turnout is equally split. Some studies have concluded that strict voter ID
laws reduce turnout, especially among minority voters.42 Other studies have determined that such laws have
little to no effect on turnout.43
In 2005, the Indiana legislature passed the first strict photo identification law. Voters must provide photo
identification that shows their names match the voter registration records, clearly displays an expiration date,
is current or has expired only since the last general election, and was issued by the state of Indiana or the U.S.
government. Student identification cards that meet the standards and are from an Indiana state school are
allowed.44 Indiana’s law allows voters without an acceptable identification to obtain a free state identification
card.45 The state also extended service hours for state offices that issue identification in the days leading up to
elections.46
The photo identification law was quickly contested. The American Civil Liberties Union and other groups
argued that it placed an unfair burden on people who were poor, older, or had limited finances, while the state
argued that it would prevent fraud. In Crawford v. Marion County Election Board (2008), the Supreme Court
decided that Indiana’s voter identification requirement was constitutional, although the decision left open the
possibility that another case might meet the burden of proof required to overturn the law.47
In 2011, Texas passed a strict photo identification law for voters, allowing concealed-handgun permits as
identification but not student identification. The Texas law was blocked by the Obama administration before it
could be implemented, because Texas was on the Voting Rights Act’s preclearance list. Other states, such as
Alabama, Alaska, Arizona, Georgia, and Virginia similarly had laws and districting changes blocked.48 As a
result, Shelby County, Alabama, and several other states sued the U.S. attorney general, arguing the Voting
Rights Act’s preclearance list was unconstitutional and that the formula that determined whether states had
violated the VRA was outdated. In Shelby County v. Holder (2013), the Supreme Court agreed. In a 5–4
decision, the justices in the majority said the formula for placing states on the VRA preclearance list was
outdated and reached into the states’ authority to oversee elections.49 States and counties on the preclearance
list were released, and Congress was told to design new guidelines for placing states on the list.
Following the Shelby decision, Texas implemented its photo identification law, leading plaintiffs to bring cases
against the state, charging that the law disproportionally affects minority voters.50 Alabama, Georgia, and
Virginia similarly implemented their photo identification laws, joining Kansas, South Carolina, Tennessee, and
Wisconsin. Some of these states offer low-cost or free identification for the purposes of voting or will offer help
with the completion of registration applications, but citizens must provide birth certificates or other forms of
identification, which can be difficult and/or costly to obtain.
Opponents of photo identification laws argue that these restrictions are unfair because they have an unusually
strong effect on some demographics. One study, done by Reuters, found that requiring a photo ID would
disproportionally prevent citizens aged 18–24, Hispanics, and those without a college education from voting.
These groups are unlikely to have the right paperwork or identification, unlike citizens who have graduated
from college. The same study found that 4 percent of households with yearly incomes under $25,000 said they
did not have an ID that would be considered valid for voting.51 For this reason, some assert that such changes
tend to favor Republicans over Democrats. In the 2018 elections, there were controversial results and
allegations of voter suppression in Florida, Georgia, and North Carolina, three jurisdictions where elections
were very close.52 Additional allegations of voter suppression emerged in 2020 in many states, including
Georgia and Texas. In some places in Georgia, voters had to wait for ten hours to cast their votes.53 In Texas,
many drive-by voting stations employed during the primary election to assist with voting during COVID-19
were eliminated for the general election.54 In many states in 2021, policies were considered to further
constrict voting, including Georgia's new law.
Another reason for not voting is that polling places may be open only on Election Day. This makes it difficult for
voters juggling school, work, and child care during polling hours (Figure 7.10). Many states have tried to
address this problem with early voting, which opens polling places as much as two weeks early. Texas opened
polling places on weekdays and weekends in 1988 and initially saw an increase in voting in gubernatorial and
presidential elections, although the impact tapered off over time.55 Other states with early voting, however,
showed a decline in turnout, possibly because there is less social pressure to vote when voting is spread over
several days.56 Early voting was used in a widespread manner across forty-four states in 2020, totaling over
100 million votes cast in this manner.57
FIGURE 7.10 On February 5, 2008, dubbed “Super Duper Tuesday” by the press, twenty-four states held caucuses
or primary elections—the largest simultaneous number of state presidential primary elections in U.S. history. As a
result, over half the Democratic delegates were allocated unusually early in the election season. This polling station,
on the Stanford University campus in Palo Alto, California, had long lines, commonly seen only on Election Day, and
nearly ran out of Democratic ballots. (credit: Josh Thompson)
In a similar effort, Colorado, Hawaii, Oregon, Utah, and Washington have moved to mail-in voting systems.58
These states have seen a rise in turnout, with Colorado’s numbers increasing from 1.8 million votes in the
2010 congressional elections to 2.6 million votes in the 2018 congressional elections.59 , 60 One argument
against early and mail-only voting is that those who vote early cannot change their minds during the final days
of the campaign, such as in response to an “October surprise,” a highly negative story about a candidate that
leaks right before Election Day in November. (For example, a week before the 2000 election, a Dallas Morning
News journalist reported that George W. Bush had lied about whether he had been arrested for driving under
the influence.61) In 2016, two such stories, one for each nominee, broke just prior to Election Day. First, the
Billy Bush Access Hollywood tape showed a braggadocian Donald Trump detailing his ability to do what he
pleases with women, including grabbing at their genitals. This tape led some Republican officeholders, such as
Senator Jeff Flake (R-AZ), to disavow Trump. However, perhaps eclipsing this episode was the release by
former FBI director James Comey of a letter to Congress re-opening the Hillary Clinton email investigation a
mere eleven days prior to the election. It is impossible to know the exact dynamics of how someone decides to
vote, but one theory is that women jumped from Trump after the Access Hollywood tape emerged, only to go
238 7 • Voting and Elections
back to supporting him when the FBI seemed to reopen its investigation. Moreover, we later learned of
significant Russian meddling in the 2016 election. Robert S. Mueller III, a well-respected former FBI director
for presidents from both parties, was appointed as the independent special investigator to delve into matters
related to the 2016 election and potential interaction between Russian actors and American election
processes.62 That investigation led to a host of Trump campaign and Trump administration officials facing
indictments and convictions, including his former campaign manager Paul Manafort, personal attorney
Michael Cohen, and long-time confidant Roger Stone. To date, the former president has not faced charges.63
The 2020 elections, which saw record turnout despite the COVID-19 pandemic, were declared by election
experts to be the safest and most carefully monitored elections in American history.64
Apathy may also play a role. Some people avoid voting because their vote is unlikely to make a difference or the
election is not competitive. If one party has a clear majority in a state or district, for instance, members of the
minority party may see no reason to vote. Democrats in Utah and Republicans in California are so
outnumbered that they are unlikely to affect the outcome of an election, and they may opt to stay home.
Because the presidential candidate with the highest number of popular votes receives all of Utah’s and
California’s electoral votes, there is little incentive for some citizens to vote: they will never change the
outcome of the state-level election. These citizens, as well as those who vote for third parties like the Green
Party or the Libertarian Party, are sometimes referred to as the chronic minority. While third-party
candidates sometimes win local or state office or even dramatize an issue for national discussion, such as
when Ross Perot discussed the national debt during his campaign as an independent presidential candidate in
1992, they never win national elections.
Finally, some voters may view non-voting as a means of social protest or may see volunteering as a better way
to spend their time. Younger voters are more likely to volunteer their time rather than vote, believing that
serving others is more important than voting.65 Possibly related to this choice is voter fatigue. In many states,
due to our federal structure with elections at many levels of government, voters may vote many times per year
on ballots filled with candidates and issues to research. The less time there is between elections, the lower the
turnout.66
7.3 Elections
LEARNING OBJECTIVES
Elections offer American voters the opportunity to participate in their government with little investment of
time or personal effort. Yet voters should make decisions carefully. The electoral system allows them the
chance to pick party nominees as well as office-holders, although not every citizen will participate in every
step. The presidential election is often criticized as a choice between two evils, yet citizens can play a
prominent part in every stage of the race and influence who the final candidates actually are.
DECIDING TO RUN
Running for office can be as easy as collecting one hundred signatures on a city election form or paying a
registration fee of several thousand dollars to run for governor of a state. However, a potential candidate still
needs to meet state-specific requirements covering length of residency, voting status, and age. Potential
candidates must also consider competitors, family obligations, and the likelihood of drawing financial backing.
His or her spouse, children, work history, health, financial history, and business dealings also become part of
the media’s focus, along with many other personal details about the past. Candidates for office are slightly
more diverse than the representatives serving in legislative and executive bodies, but the realities of elections
drive many eligible and desirable candidates away from running.67
Despite these problems, most elections will have at least one candidate per party on the ballot. In states or
districts where one party holds a supermajority, such as Oklahoma, candidates from the other party may be
discouraged from running because they don’t think they have a chance to win.68 Candidates are likely to be
moving up from prior elected office or are professionals, like lawyers, who can take time away from work to
campaign and serve in office.69
When candidates run for office, they are most likely to choose local or state office first. For women, studies
have shown that family obligations rather than desire or ambition account for this choice. Further, women are
more likely than men to wait until their children are older before entering politics, and women say that they
struggle to balance campaigning and their workload with parenthood.70 Because higher office is often attained
only after service in lower office, there are repercussions to women waiting so long. If they do decide to run for
the U.S. House of Representatives or Senate, they are often older, and fewer in number, than their male
colleagues (Figure 7.11). In 2015, only 24.4 percent of state legislators and 20 percent of U.S. Congress
members were women.71 However, in the 2018 midterm elections, a record number of women and younger
members were elected to national office. Today, while still lagging men's representation, women make up
almost 27 percent of the 117th Congress, and 31 percent of state legislative seats are held by women.72
FIGURE 7.11 Those who seek elected office do not generally reflect the demographics of the general public: They
are often disproportionately White men who are more educated than the overall U.S. population.
Another factor for potential candidates is whether the seat they are considering is competitive or open. A
competitive seat describes a race where a challenger runs against the incumbent—the current office holder.
An open seat is one whose incumbent is not running for reelection. Incumbents who run for reelection are
very likely to win for a number of reasons, which are discussed later in this chapter. In fact, in the U.S.
Congress, 95 percent of representatives and 82 percent of senators were reelected in 2014.73 But when an
incumbent retires, the seat is open and more candidates will run for that seat.
Many potential candidates will also decline to run if their opponent has a lot of money in a campaign war
chest. War chests are campaign accounts registered with the Federal Election Commission, and candidates are
allowed to keep earlier donations if they intend to run for office again. Incumbents and candidates trying to
move from one office to another very often have money in their war chests. Those with early money are hard to
beat because they have an easier time showing they are a viable candidate (one likely to win). They can woo
potential donors, which brings in more donations and strengthens the campaign. A challenger who does not
have money, name recognition, or another way to appear viable will have fewer campaign donations and will
be less competitive against the incumbent.
campaigns. Congressional candidates raised $10.3 billion.74 The amount raised by political action
committees (PACs), which are organizations created to raise and spend money to influence politics and
contribute to candidates’ campaigns, was approximately $2.7 billion.75 How does the government monitor the
vast amounts of money that are now a part of the election process?
The history of campaign finance monitoring has its roots in a federal law written in 1867, which prohibited
government employees from asking Naval Yard employees for donations.76 In 1896, the Republican Party
spent about $16 million overall, which includes William McKinley’s $6–7 million campaign expenses.77 This
raised enough eyebrows that several key politicians, including Theodore Roosevelt, took note. After becoming
president in 1901, Roosevelt pushed Congress to look for political corruption and influence in government and
elections.78 Shortly after, the Tillman Act (1907) was passed by Congress, which prohibited corporations from
contributing money to candidates running in federal elections. Other congressional acts followed, limiting how
much money individuals could contribute to candidates, how candidates could spend contributions, and what
information would be disclosed to the public.79
While these laws intended to create transparency in campaign funding, government did not have the power to
stop the high levels of money entering elections, and little was done to enforce the laws. In 1971, Congress
again tried to fix the situation by passing the Federal Election Campaign Act (FECA), which outlined how
candidates would report all contributions and expenditures related to their campaigns. The FECA also created
rules governing the way organizations and companies could contribute to federal campaigns, which allowed
for the creation of political action committees.80 Finally, a 1974 amendment to the act created the Federal
Election Commission (FEC), which operates independently of government and enforces the elections laws.
While some portions of the FECA were ruled unconstitutional by the courts in Buckley v. Valeo (1976), such as
limits on personal spending on campaigns by candidates not using federal money, the FEC began enforcing
campaign finance laws in 1976. 81 Even with the new laws and the FEC, money continued to flow into elections.
By using loopholes in the laws, political parties and political action committees donated large sums of money
to candidates, and new reforms were soon needed. Senators John McCain (R-AZ) and Russ Feingold (former D-
WI) cosponsored the Bipartisan Campaign Reform Act of 2002 (BCRA), also referred to as the McCain–Feingold
Act. McCain–Feingold restricts the amount of money given to political parties, which had become a way for
companies and PACs to exert influence. It placed limits on total contributions to political parties, prohibited
coordination between candidates and PAC campaigns, and required candidates to include personal
endorsements on their political ads. It also limited advertisements run by unions and corporations thirty days
before a primary election and sixty days before a general election.82
Soon after the passage of the McCain–Feingold Act, the FEC’s enforcement of the law spurred court cases
challenging it. The first, McConnell v. Federal Election Commission (2003), resulted in the Supreme Court’s
upholding the act’s restrictions on how candidates and parties could spend campaign contributions. But later
court challenges led to the removal of limits on personal spending and ended the ban on ads run by interest
groups in the days leading up to an election.83 In 2010, the Supreme Court’s ruling on Citizens United v.
Federal Election Commission led to the removal of spending limits on corporations. Justices in the majority
argued that the BCRA violated a corporation’s free speech rights.84
The court ruling also allowed corporations to place unlimited money into super PACs, or Independent
Expenditure-Only Committees. These organizations cannot contribute directly to a candidate, nor can they
strategize with a candidate’s campaign. They can, however, raise and spend as much money as they please to
support or attack a candidate, including running advertisements and hosting events.85 In 2020, the Senate
Leadership Fund, a conservative super PAC, spent $293.7 million supporting conservative candidates while
the Senate Majority PAC spent $230.4 million supporting liberal candidates. The total expenditure by super
PACs alone was $2.13 billion in the 2020 election.86 In 2012, the super PAC “Restore Our Future” raised $153
million and spent $142 million supporting conservative candidates, including Mitt Romney. “Priorities USA
Action” raised $79 million and spent $65 million supporting liberal candidates, including Barack Obama. The
total expenditure by super PACs alone was $609 million in the 2012 election and $345 million in the 2014
congressional elections.87
Several limits on campaign contributions have been upheld by the courts and remain in place. Individuals
may contribute up to $3,300 per candidate per election. This means a teacher living in Nebraska may
contribute $3,300 to a candidate for their campaign to become to the Democratic presidential nominee, and if
that candidate becomes the nominee, the teacher may contribute another $3,300 to their general election
campaign. Individuals may also give $5,000 to political action committees and $41,300 to a national party
committee. PACs that contribute to more than one candidate are permitted to contribute $5,000 per candidate
per election, and up to $15,000 to a national party. PACs created to give money to only one candidate are
limited to only $3,300 per candidate, however (Figure 7.12).88 The amounts are adjusted every two years,
based on inflation. These limits are intended to create a more equal playing field for the candidates, so that
candidates must raise their campaign funds from a broad pool of contributors.
FIGURE 7.12 The Federal Election Commission has strict federal election guidelines on who can contribute, to
whom, and how much. Source: "Contribution Limits for 2023-24," Federal Election Commission.
NOMINATION STAGE
Although the Constitution explains how candidates for national office are elected, it is silent on how those
candidates are nominated. Political parties have taken on the role of promoting nominees for offices, such as
the presidency and seats in the Senate and the House of Representatives. Because there are no national
242 7 • Voting and Elections
guidelines, there is much variation in the nomination process. States pass election laws and regulations,
choose the selection method for party nominees, and schedule the election, but the process also greatly
depends on the candidates and the political parties.
States, through their legislatures, often influence the nomination method by paying for an election to help
parties identify the nominee the voters prefer. Many states fund elections because they can hold several
nomination races at once. In 2020, many voters had to choose a presidential nominee, U.S. Senate nominee,
House of Representatives nominee, and state-level legislature nominee for their parties.
The most common method of picking a party nominee for state, local, and presidential contests is the primary.
Party members use a ballot to indicate which candidate they desire for the party nominee. Despite the ease of
voting using a ballot, primary elections have a number of rules and variations that can still cause confusion
for citizens. In a closed primary, only members of the political party selecting nominees may vote. A
registered Green Party member, for example, is not allowed to vote in the Republican or Democratic primary.
Parties prefer this method, because it ensures the nominee is picked by voters who legitimately support the
party. An open primary allows all voters to vote. In this system, a Green Party member is allowed to pick either
a Democratic or Republican ballot when voting.
For state-level office nominations, or the nomination of a U.S. Senator or House member, some states use the
top-two primary method. A top-two primary, sometimes called a jungle primary, pits all candidates against
each other, regardless of party affiliation. The two candidates with the most votes become the final candidates
for the general election. Thus, two candidates from the same party could run against each other in the general
election. In one California congressional district, for example, four Democrats and two Republicans all ran
against one another in the June 2012 primary. The two Republicans received the most votes, so they ran
against one another in the general election in November.89 In 2016, thirty-four candidates filed to run to
replace Senator Barbara Boxer (D-CA). In the end, two Democratic women of color emerged to compete head-
to-head in the general election. California attorney general Kamala Harris eventually won the seat on Election
Day, helping to quadruple the number of women of color in the U.S. Senate overnight. She subsequently ran for
vice president in 2020 on the Democratic ticket and now serves in that capacity. More often than not, however,
the top-two system is used in state-level elections for non-partisan elections, in which none of the candidates
are allowed to declare a political party.
In general, parties do not like nominating methods that allow non-party members to participate in the
selection of party nominees. In 2000, the Supreme Court heard a case brought by the California Democratic
Party, the California Republican Party, and the California Libertarian Party.90 The parties argued that they had
a right to determine who associated with the party and who participated in choosing the party nominee. The
Supreme Court agreed, limiting the states’ choices for nomination methods to closed and open primaries.
Despite the common use of the primary system, at least six states (Alaska, Colorado, Hawaii, Idaho, Iowa, and
Nevada) regularly use caucuses for presidential, state, and local-level nominations. A caucus is a meeting of
party members in which nominees are selected informally. Caucuses are less expensive than primaries
because they rely on voting methods such as dropping marbles in a jar, placing names in a hat, standing under
a sign bearing the candidate’s name, or taking a voice vote. Volunteers record the votes and no poll workers
need to be trained or compensated. The party members at the caucus also help select delegates, who
represent their choice at the party’s state- or national-level nominating convention.
The Iowa Democratic Caucus is well-known for its spirited nature. The party’s voters are asked to align
themselves into preference groups, which often means standing in a room or part of a room that has been
designated for the candidate of choice. The voters then get to argue and discuss the candidates, sometimes in a
very animated and forceful manner. After a set time, party members are allowed to realign before the final
count is taken. The caucus leader then determines how many members support each candidate, which
determines how many delegates each candidate will receive.
The caucus has its proponents and opponents. Many argue that it is more interesting than the primary and
brings out more sophisticated voters, who then benefit from the chance to debate the strengths and
weaknesses of the candidates. The caucus system is also more transparent than ballots. The local party
members get to see the election outcome and pick the delegates who will represent them at the national
convention. There is less of a possibility for deception or dishonesty. Opponents point out that caucuses take
two to three hours and are intimidating to less experienced voters. These factors, they argue, lead to lower
voter turnout. And they have a point—voter turnout for a caucus is generally 20 percent lower than for a
primary.91
Regardless of which nominating system the states and parties choose, states must also determine which day
they wish to hold their nomination. When the nominations are for state-level office, such as governor, the state
legislatures receive little to no input from the national political parties. In presidential election years, however,
the national political parties pressure most states to hold their primaries or caucuses in March or later. Only
Iowa, New Hampshire, and South Carolina are given express permission by the national parties to hold
presidential primaries or caucuses in January or February (Figure 7.13). Both political parties protect the
three states’ status as the first states to host caucuses and primaries, due to tradition and the relative ease of
campaigning in these smaller states.
FIGURE 7.13 Presidential candidates often spend a significant amount of time campaigning in states with early
caucuses or primaries. In September 2015, Senator Bernie Sanders (a), a candidate for the Democratic nomination,
speaks at the Amherst Democrats BBQ in Amherst, New Hampshire. In July 2015, John Ellis “Jeb” Bush (b), former
Republican governor of Florida, greets the public at the Fourth of July parade in Merrimack, New Hampshire. (credit
a, b: modification of work by Marc Nozell)
Other states, especially large states like California, Florida, Michigan, and Wisconsin, often are frustrated that
they must wait to hold their presidential primary elections later in the season. Their frustration is reasonable:
candidates who do poorly in the first few primaries often drop out entirely, leaving fewer candidates to run in
caucuses and primaries held in February and later. In 2008, California, New York, and several other states
disregarded the national party’s guidelines and scheduled their primaries the first week of February. In
response, Florida and Michigan moved their primaries to January and many other states moved forward to
March. This was not the first time states participated in frontloading and scheduled the majority of the
primaries and caucuses at the beginning of the primary season. It was, however, one of the worst occurrences.
States have been frontloading since the 1976 presidential election, with the problem becoming more severe in
the 1992 election and later.92
Political parties allot delegates to their national nominating conventions based on the number of registered
party voters in each state. California, the state with the most Democrats, sent 494 delegates to the 2020
Democratic National Convention, while Wyoming, with far fewer Democrats, sent only 14 delegates.93 When
the national political parties want to prevent states from frontloading, or doing anything else they deem
detrimental, they can change the state’s delegate count, which in essence increases or reduces the state’s say
in who becomes the presidential nominee. In 1996, the Republicans offered bonus delegates to states that held
their primaries and caucuses later in the nominating season.94 In 2008, the national parties ruled that only
Iowa, South Carolina, and New Hampshire could hold primaries or caucuses in January. Both parties also
244 7 • Voting and Elections
reduced the number of delegates from Michigan and Florida as punishment for those states’ holding early
primaries.95 Despite these efforts, candidates in 2008 had a very difficult time campaigning during the tight
window caused by frontloading.
One of the criticisms of the modern nominating system is that parties today have less influence over who
becomes their nominee. In the era of party “bosses,” candidates who hoped to run for president needed the
blessing and support of party leadership and a strong connection with the party’s values. Now, anyone can run
for a party’s nomination. The candidates with enough money to campaign the longest, gaining media
attention, momentum, and voter support are more likely to become the nominee than candidates without
these attributes, regardless of what the party leadership wants.
This new reality has dramatically increased the number of politically inexperienced candidates running for
national office. In 2012, for example, eleven candidates ran multistate campaigns for the Republican
nomination. Dozens more had their names on one or two state ballots. With a long list of challengers,
candidates must find more ways to stand out, leading them to espouse extreme positions or display high levels
of charisma. Add to this that primary and caucus voters are often more extreme in their political beliefs, and it
is easy to see why fewer moderates become party nominees. The 2016 primary campaign by President Donald
Trump shows that grabbing the media’s attention with fiery partisan rhetoric can get a campaign started
strong. This does not guarantee a candidate will make it through the primaries, however. In 2020, the most
moderate of the front-runners (Joe Biden) won the Democratic nomination.
LINK TO LEARNING
Take a look at Campaigns & Elections ([Link] to see what hopeful candidates
are reading.
CONVENTION SEASON
Once it is clear who the parties’ nominees will be, presidential and gubernatorial campaigns enter a quiet
period. Candidates run fewer ads and concentrate on raising funds for the fall. This is a crucial time because
lack of money can harm their chances. The media spends much of the summer keeping track of the
fundraising totals while the political parties plan their conventions. State parties host state-level conventions
during gubernatorial elections, while national parties host national conventions during presidential election
years.
Party conventions are typically held between June and September, with state-level conventions earlier in the
summer and national conventions later. Conventions normally last four to five days, with days devoted to
platform discussion and planning and nights reserved for speeches (Figure 7.14). Local media covers the
speeches given at state-level conventions, showing speeches given by the party nominees for governor and
lieutenant governor, and perhaps important guests or the state’s U.S. senators. The national media covers the
Democratic and Republican conventions during presidential election years, mainly showing the speeches.
Some cable networks broadcast delegate voting and voting on party platforms. Members of the candidate’s
family and important party members generally speak during the first few days of a national convention, with
the vice presidential nominee speaking on the next-to-last night and the presidential candidate on the final
night. The two chosen candidates then hit the campaign trail for the general election. The party with the
incumbent president holds the later convention, so in 2016, the Democrats held their convention after the
Republicans. In 2020, with the COVID-19 pandemic raging, both major parties modified their conventions to
involve fewer people. The Republicans had some in-person gatherings, but mostly met virtually, while the
Democrats were almost entirely virtual.96
FIGURE 7.14 Reince Priebus, chairman of the Republican National Committee, opens the Republican National
Convention in Tampa, Florida, on August 28, 2012 (a). Pageantry and symbolism, such as the flag motifs and
political buttons shown on this Wisconsin attendee’s hat (b), reign supreme during national conventions. (credit a, b:
modification of work by Mallory Benedict/PBS NewsHour)
There are rarely surprises at the modern convention. Thanks to party rules, the nominee for each party is
generally already clear. In 2008, John McCain had locked up the Republican nomination in March by having
enough delegates, while in 2012, President Obama was an unchallenged incumbent and hence people knew he
would be the nominee. In 2016, both apparent nominees (Democrat Hillary Clinton and Republican Donald
Trump) faced primary opponents who stayed in the race even when the nominations were effectively sewn
up—Democrat Bernie Sanders and Republican Ted Cruz—though no “convention surprise” took place. The
naming of the vice president is generally not a surprise either. Even if a presidential nominee tries to keep it a
secret, the news often leaks out before the party convention or official announcement. In 2004, the media
announced John Edwards was John Kerry’s running mate. The Kerry campaign had not made a formal
announcement, but an amateur photographer had taken a picture of Edwards’ name being added to the
candidate’s plane and posted it to an aviation message board. In 2020, strong rumors circulated about Senator
Kamala Harris (D-CA) being tapped for the ticket, with confirmation of that choice coming days later.97
Despite the lack of surprises, there are several reasons to host traditional conventions. First, the parties
require that the delegates officially cast their ballots. Delegates from each state come to the national party
convention to publicly state who their state’s voters selected as the nominee.
Second, delegates will bring state-level concerns and issues to the national convention for discussion, while
local-level delegates bring concerns and issues to state-level conventions. This list of issues that concern local
party members, like limiting abortions in a state or removing restrictions on gun ownership, are called planks,
and they will be discussed and voted upon by the delegates and party leadership at the convention. Just as
wood planks make a platform, issues important to the party and party delegates make up the party platform.
The parties take the cohesive list of issues and concerns and frame the election around the platform.
Candidates will try to keep to the platform when campaigning, and outside groups that support them, such as
super PACs, may also try to keep to these issues.
Third, conventions are covered by most news networks and cable programs. This helps the party nominee get
positive attention while surrounded by loyal delegates, family members, friends, and colleagues. For
presidential candidates, this positivity often leads to a bump in popularity, so the candidate gets a small
increase in favorability. If a candidate does not get the bump, however, the campaign manager has to evaluate
whether the candidate is connecting well with the voters or is out of step with the party faithful. In 2004, John
Kerry spent the Democratic convention talking about getting U.S. troops out of the war in Iraq and increasing
spending at home. Yet after his patriotic and positive convention, Gallup recorded no convention bump and
the voters did not appear more likely to vote for him.
simpler than primaries and conventions, because there are only two major party candidates and a few minor
party candidates. About 50 percent of voters will make their decisions based on party membership, so the
candidates will focus on winning over independent voters and visiting states where the election is close.98 In
2016, both candidates sensed shifts in the electorate that led them to visit states that were not recently
battleground states. Clinton visited Republican stronghold Arizona as Latino voter interest surged. Defying
conventional campaign movements, Trump spent many hours over the last days of the campaign in the
Democratic Rust Belt states, namely Michigan and Wisconsin. President Trump ended up winning both states
and industrial Pennsylvania by narrow margins, allowing him to achieve a comfortable majority in the
Electoral College. In 2020, during the COVID-19 pandemic, the two major-party nominees adopted very
different approaches. In seeking re-election, President Trump eschewed CDC recommendations for social
distancing and held large in-person rallies, while Joe Biden made fewer public appearances, which were
largely carried to audiences virtually.99
Debates are an important element of the general election season, allowing voters to see candidates answer
questions on policy and prior decisions. While most voters think only of presidential debates, the general
election season sees many debates. In a number of states, candidates for governor are expected to participate
in televised debates, as are candidates running for the U.S. Senate. Debates not only give voters a chance to
hear answers, but also to see how candidates hold up under stress. Because television and the Internet make it
possible to stream footage to a wide audience, modern campaign managers understand the importance of a
debate (Figure 7.15).
FIGURE 7.15 Sailors on the USS McCampbell, based out of Yokosuka, Japan, watch the first presidential debate
between President Barack Obama and former Massachusetts governor Mitt Romney on October 4, 2012.
In 1960, the first televised presidential debate showed that answering questions well is not the only way to
impress voters. Senator John F. Kennedy, the Democratic nominee, and Vice President Richard Nixon, the
Republican nominee, prepared in slightly different ways for their first of four debates. Although both studied
answers to possible questions, Kennedy also worked on the delivery of his answers, including accent, tone,
facial displays, and body movements, as well as overall appearance. Nixon, however, was ill in the days before
the debate and appeared sweaty and gaunt. He also chose not to wear makeup, a decision that left his pale,
unshaven face vulnerable.100 Interestingly, while people who watched the debate thought Kennedy won, those
listening on radio saw the debate as more of a draw.
INSIDER PERSPECTIVE
In one of his columns for CNN, Begala recommends that candidates relax and have a little fun. Debates are
relatively easy, he says, more like a scripted program than an interview that puts candidates on the spot. They
can memorize answers and deliver them convincingly, making sure they hit their mark. Second, a candidate
needs a clear message explaining why the voters should pick them. Is the candidate a needed change? Or the
only experienced candidate? If the candidate’s debate answers reinforce this message, the voters will remember.
Third, candidates should be humorous, witty, and comfortable with their knowledge. Trying to be too formal or
cramming information at the last minute will cause the candidate to be awkward or get overwhelmed. Finally, a
candidate is always on camera. Making faces, sighing at an opponent, or simply making a mistake gives the
media something to discuss and can cause a loss. In essence, Begala argues that if candidates wish to do well,
preparation and confidence are key factors.101
Is Begala’s advice good? Why or why not? What positives or negatives would make a candidate’s debate
performance stand out for you as a voter?
While debates are not just about a candidate’s looks, most debate rules contain language that prevents
candidates from artificially enhancing their physical qualities. For example, prior rules have prohibited shoes
that increase a candidate’s height, banned prosthetic devices that change a candidate’s physical appearance,
and limited camera angles to prevent unflattering side and back shots. Candidates and their campaign
managers are aware that visuals matter.
Debates are generally over by the end of October, just in time for Election Day. Beginning with the election of
1792, presidential elections were to be held in the thirty-four days prior to the “first Wednesday in
December.”102 In 1845, Congress passed legislation that moved the presidential Election Day to the first
Tuesday after the first Monday in November, and in 1872, elections for the House of Representatives were also
moved to that same Tuesday.103 The United States was then an agricultural country, and because a number of
states restricted voting to property-owning males over twenty-one, farmers made up nearly 74 percent of
voters.104 The tradition of Election Day to fall in November allowed time for the lucrative fall harvest to be
brought in and the farming season to end. And, while not all members of government were of the same
religion, many wanted to ensure that voters were not kept from the polls by a weekend religious observance.
Finally, business and mercantile concerns often closed their books on the first of the month. Rather than let
accounting get in the way of voting, the bill’s language forces Election Day to fall between the second and eighth
of the month.
The number of Electoral College votes granted to each state equals the total number of representatives and
senators that state has in the U.S. Congress or, in the case of Washington, DC, as many electors as it would have
if it were a state. The number of representatives may fluctuate based on state population, which is determined
every ten years by the U.S. Census, mandated by Article I, Section 2, of the Constitution. However, since the
Permanent Apportionment Act of 1929, the total number of representatives in Congress has been fixed at 435.
Accordingly, for the 2024 presidential election, there will be a total of 538 electors in the Electoral College, and
a majority of 270 electoral votes is required to win the presidency.
248 7 • Voting and Elections
Once the electoral votes have been read by the president of the Senate (i.e., the vice president of the United
States) during a special joint session of Congress in January, the presidential candidate who received the
majority of electoral votes is officially named president. Should a tie occur, the sitting House of Representatives
elects the president, with each state receiving one vote. While this rarely occurs, both the 1800 and the 1824
elections were decided by the House of Representatives. As election night 2016 played out after the polls
closed, one such scenario was in play for a tie. However, the states that Hillary Clinton needed to make that tie
were lost narrowly to Trump. Had the tie occurred, the Republican House would have likely selected Trump as
president anyway. As Election Day 2020 neared, the context favored Biden, yet it was still possible that Trump
might narrowly win key battleground states and find a way to win the Electoral College. This did not occur, as
Biden won the popular vote and the Electoral College decisively. Still, based on the erroneous assumption that
the election had been stolen, thousands of Trump supporters stormed the U.S. Capitol building to prevent the
House and Senate from completing a final tabulation of Biden's victory. While many of the "Stop The Steal"
protesters remained outside the building and undertook no violent actions, some organized groups donned
paramilitary gear, including helmets and combat vests; individuals were filmed breaking open windows to
gain entry. The attempt did not succeed, however, and the votes were finalized in the early overnight hours of
January 7th with Vice President Mike Pence presiding.
As political parties became stronger and the Progressive Era’s influence shaped politics from the 1890s to the
1920s, states began to allow state parties rather than legislators to nominate a slate of electors. Electors cannot
be elected officials nor can they work for the federal government. Since the Republican and Democratic parties
choose faithful party members who have worked hard for their candidates, the modern system decreases the
chance they will vote differently from the state’s voters.
There is no guarantee of this, however. Occasionally there are examples of faithless electors. In 2000, the
majority of the District of Columbia’s voters cast ballots for Al Gore, and all three electoral votes should have
been cast for him. Yet one of the electors cast a blank ballot, denying Gore a precious electoral vote, reportedly
to contest the unequal representation of the District in the Electoral College. In 2004, one of the Minnesota
electors voted for John Edwards, the vice presidential nominee, to be president (Figure 7.16) and misspelled
the candidate’s last name in the process. Some believe this was a result of confusion rather than a political
statement. In the 2016 election, after a campaign to encourage faithless electors in the wake of what some
viewed as controversial results, there were seven faithless electors: four in the state of Washington, two in
Texas, and one in Hawaii. The electors’ names and votes are publicly available on the electoral certificates,
which are scanned and documented by the National Archives and easily available for viewing online.
FIGURE 7.16 In 2004, Minnesota had an error or faithless voter when one elector cast a vote for John Edwards for
president (a). On July 8, 2004, presidential candidate John Kerry and his running mate John Edwards arrive for a
campaign rally in Fort Lauderdale, Florida (b). (credit b: modification of work by Richard Block)
In forty-eight states and the District of Columbia, the candidate who wins the most votes in November receives
all the state’s electoral votes, and only the electors from that party will vote. This is often called the winner-
take-all system. In two states, Nebraska and Maine, the electoral votes are divided. The candidate who wins
the state gets two electoral votes, but the winner of each congressional district also receives an electoral vote.
In 2008, for example, Republican John McCain won two congressional districts and the majority of the voters
across the state of Nebraska, earning him four electoral votes from Nebraska. Obama won in one congressional
district and earned one electoral vote from Nebraska.105 In 2020, Republican Donald Trump won one
congressional district in Maine, and therefore one electoral vote, even though Joe Biden won the state overall,
receiving a total of three electoral votes from Maine. This Electoral College voting method is referred to as the
district system.
MIDTERM ELECTIONS
Presidential elections garner the most attention from the media and political elites. Yet they are not the only
important elections. The even-numbered years between presidential years, like 2014 and 2018, are reserved
for congressional elections—sometimes referred to as midterm elections because they are in the middle of the
president’s term. Midterm elections are held because all members of the House of Representatives and one-
third of the senators come up for reelection every two years.
During a presidential election year, members of Congress often experience the coattail effect, which gives
members of a popular presidential candidate’s party an increase in popularity and raises their odds of
retaining office. During a midterm election year, however, the president’s party often is blamed for the
president’s actions or inaction. Representatives and senators from the sitting president’s party are more likely
to lose their seats during a midterm election year. Many recent congressional realignments, in which the
House or Senate changed from Democratic to Republican control, occurred because of this reverse-coattail
effect during midterm elections. The most recent example is the 2018 election, in which control of the House
returned to the Democratic Party after eight years of Republican control.
Campaign managers know that to win an election, they must do two things: reach voters with their candidate’s
information and get voters to show up at the polls. To accomplish these goals, candidates and their campaigns
will often try to target those most likely to vote. Unfortunately, these voters change from election to election
and sometimes from year to year. Primary and caucus voters are different from voters who vote only during
presidential general elections. Some years see an increase in younger voters turning out to vote. Elections are
unpredictable, and campaigns must adapt to be effective.
FUNDRAISING
Even with a carefully planned and orchestrated presidential run, early fundraising is vital for candidates.
Money helps them win, and the ability to raise money identifies those who are viable. In fact, the more money a
candidate raises, the more they will continue to raise. EMILY’s List, a political action group, was founded on
this principle; its name is an acronym for “Early Money Is Like Yeast” (it makes the dough rise). This group
helps progressive women candidates gain early campaign contributions, which in turn helps them get further
donations (Figure 7.17).
250 7 • Voting and Elections
FIGURE 7.17 EMILY’s List candidates include members of Congress, such as Tammy Duckworth (D-IL) (a), and
governors, such as Maggie Hassan (b) of New Hampshire, who both ran for U.S. Senate, and won, in 2016. (credit b:
modification of work by Roger H. Goun)
Early in the 2016 election season, several Republican candidates had fundraised well ahead of their
opponents. Jeb Bush, and Ted Cruz were the top fundraisers by July 2015, with Cruz reporting $14 million and
Bush with $11 million in contributions. In comparison, Bobby Jindal and George Pataki (who both dropped out
relatively early) each reported less than $1 million in contributions during the same period. Bush later
reported over $100 million in contributions, while the other Republican candidates continued to report lower
contributions. Media stories about Bush’s fundraising discussed his powerful financial networking, while
coverage of the other candidates focused on their lack of money. Donald Trump, the eventual Republican
nominee and president, showed a comparatively low fundraising amount in the primary phase as he enjoyed
much free press coverage because of his notoriety. He also flirted with the idea of being an entirely self-funded
candidate.
The Democratic field in 2020 was crowded, before winnowing down to a handful of contenders early in March,
when most dropped out, leaving only Senator Bernie Sanders and former Vice President Joseph Biden. Those
who dropped out were former New York City mayor Michael Bloomberg, Pete Buttigieg, former
congresswoman Tulsi Gabbard, Senator Amy Klobuchar, and Senator Elizabeth Warren. The March cash-on-
hand amounts of these candidates were respectively $11,179,565; $6,011,814; $640,210; $2,281,636; and
$4,534,180. Sanders later dropped out of the race on April 8 with $16,176,082 left in his campaign coffers,
leaving Biden to sail to the nomination.106
First, name recognition is extremely important. Voters are unlikely to cast a vote for an unknown. Some
candidates, like Hillary Clinton and Jeb Bush in 2016 or Joe Biden and Bernie Sanders in 2020, have held or
are related to someone who held national office, but most candidates will be governors, senators, or local
politicians who are less well-known nationally. Barack Obama was a junior senator from Illinois and Bill
Clinton was a governor from Arkansas prior to running for president. Voters across the country had little
information about them, and both candidates needed media time to become known. While well-known
candidates have longer records that can be attacked by the opposition, they also have an easier time raising
campaign funds because their odds of winning are better. Newer candidates face the challenge of proving
themselves during the short primary season and are more likely to lose. In 2016, both eventual party
nominees had massive name recognition. Hillary Clinton enjoyed notoriety from having been First Lady, a U.S.
senator from New York, and secretary of state. Donald Trump had name recognition from being an iconic real
estate tycoon with Trump buildings all over the world plus a reality TV star via shows like The Apprentice. In
2020, Democratic nominee Joe Biden had name recognition for having served in the U.S. Senate for many
years and for serving two terms as vice president to President Barack Obama.
Second, visibility is crucial when a candidate is one in a long parade of faces. Given that voters will want to find
quick, useful information about each, candidates will try to get the media’s attention and pick up momentum.
Media attention is especially important for newer candidates. Most voters assume a candidate’s website and
other campaign material will be skewed, showing only the most positive information. The media, on the other
hand, are generally considered more reliable and unbiased than a candidate’s campaign materials, so voters
turn to news networks and journalists to pick up information about the candidates’ histories and issue
positions. Candidates are aware of voters’ preference for quick information and news and try to get interviews
or news coverage for themselves. Candidates also benefit from news coverage that is longer and cheaper than
campaign ads.
For all these reasons, campaign ads in primary elections rarely mention political parties and instead focus on
issue positions or name recognition. Many of the best primary ads help the voters identify issue positions they
have in common with the candidate. In 2008, for example, Hillary Clinton ran a holiday ad in which she was
seen wrapping presents. Each present had a card with an issue position listed, such as “bring back the troops”
or “universal pre-kindergarten.” In a similar, more humorous vein, Mike Huckabee gained name recognition
and issue placement with his 2008 primary ad. The “HuckChuck” spot had Chuck Norris repeat Huckabee’s
name several times while listing the candidate’s issue positions. Norris’s line, “Mike Huckabee wants to put the
IRS out of business,” was one of many statements that repeatedly used Huckabee’s name, increasing voters’
recognition of it. While neither of these candidates won the nomination, the ads were viewed by millions and
were successful as primary ads.
By the general election, each party has only one candidate, and campaign ads must accomplish a different goal
with different voters. Because most party-affiliated voters will cast a ballot for their party’s candidate, the
campaigns must try to reach the independent and undecided, as well as try to convince their party members
to get out and vote. Some ads will focus on issue and policy positions, comparing the two main party
candidates. Other ads will remind party loyalists why it is important to vote. President Lyndon B. Johnson used
the infamous “Daisy Girl” ad, which cut from a little girl counting daisy petals to an atomic bomb being
dropped, to explain why voters needed to turn out and vote for him. If the voters stayed home, Johnson
implied, his opponent, Republican Barry Goldwater, might start an atomic war. The ad aired once as a paid ad
on NBC before it was pulled, but the footage appeared on other news stations as newscasters discussed the
controversy over it.107 More recently, in the 2020 campaign, Joe Biden used the "What Happens Now" ad to
extol Biden's background in managing crises in contrast to President Trump's mismanagement of the
COVID-19 pandemic.108
Part of the reason Johnson’s campaign ad worked is that more voters turn out for a general election than for
other elections. These additional voters are often less ideological and more independent, making them harder
to target but possible to win over. They are also less likely to complete a lot of research on the candidates, so
campaigns often try to create emotion-based negative ads. While negative ads may decrease voter turnout by
making voters more cynical about politics and the election, voters watch and remember them.109
Another source of negative ads is from groups outside the campaigns. Sometimes, shadow campaigns, run by
252 7 • Voting and Elections
political action committees and other organizations without the coordination or guidance of candidates, also
use negative ads to reach voters. Even before the Citizens United decision allowed corporations and interest
groups to run ads supporting candidates, shadow campaigns existed. In 2004, the Swift Boat Veterans for
Truth organization ran ads attacking John Kerry’s military service record, and MoveOn attacked George W.
Bush’s decision to commit to the wars in Afghanistan and Iraq. In 2020, super PACs poured more than $2.3
billion into supporting candidates.110
LINK TO LEARNING
Want to know how much money federal candidates and PACs are raising? Visit the Campaign Finance
Disclosure Portal at the Federal Election Commission ([Link] website.
General campaigns also try to get voters to the polls in closely contested states. In 2004, realizing that it would
be difficult to convince Ohio Democrats to vote Republican, George W. Bush’s campaign focused on getting the
state’s Republican voters to the polls. The volunteers walked through precincts and knocked on Republican
doors to raise interest in Bush and the election. Volunteers also called Republican and former Republican
households to remind them when and where to vote.111 The strategy worked, and it reminded future
campaigns that an organized effort to get out the vote is still a viable way to win an election.
TECHNOLOGY
Campaigns have always been expensive. Also, they have sometimes been negative and nasty. The 1828 “Coffin
Handbill” that John Quincy Adams ran, for instance, listed the names and circumstances of the executions his
opponent Andrew Jackson had ordered (Figure 7.18). This was in addition to gossip and verbal attacks against
Jackson’s wife, who had accidentally committed bigamy when she married him without a proper divorce.
Campaigns and candidates have not become more amicable in the years since then.
FIGURE 7.18 The infamous “Coffin Handbill” used by John Quincy Adams against Andrew Jackson in the 1828
presidential election.
Once television became a fixture in homes, campaign advertising moved to the airwaves. Television allowed
candidates to connect with the voters through video, allowing them to appeal directly to and connect
emotionally with voters. While Adlai Stevenson and Dwight D. Eisenhower were the first to use television in
their 1952 and 1956 campaigns, the ads were more like jingles with images. Stevenson’s “Let’s Not Forget the
Farmer” ad had a catchy tune, but its animated images were not serious and contributed little to the message.
The “Eisenhower Answers America” spots allowed Eisenhower to answer policy questions, but his answers
were glib rather than helpful.
John Kennedy’s campaign was the first to use images to show voters that the candidate was the choice for
everyone. His ad, “Kennedy,” combined the jingle “Kennedy for me” and photographs of a diverse population
dealing with life in the United States.
LINK TO LEARNING
The Museum of the Moving Image ([Link] has collected presidential campaign
ads from 1952 through today, including the “Kennedy for Me” spot mentioned above. Take a look and see how
candidates have created ads to get the voters’ attention and votes over time.
Over time, however, ads became more negative and manipulative. In reaction, the Bipartisan Campaign
Reform Act of 2002, or McCain–Feingold, included a requirement that candidates stand by their ad and include
a recorded statement within the ad stating that they approved the message. Although ads, especially those run
by super PACs, continue to be negative, candidates can no longer dodge responsibility for them.
Candidates are also frequently using interviews on late night television to get messages out. Soft news, or
infotainment, is a new type of news that combines entertainment and information. Shows like The Daily Show
and Last Week Tonight make the news humorous or satirical while helping viewers become more educated
about the events around the nation and the world.112 In 2008, Huckabee, Obama, and McCain visited popular
programs like The Daily Show, The Colbert Report, and Late Night with Conan O’Brien to target informed
voters in the under-45 age bracket. The candidates were able to show their funny sides and appear like average
Americans, while talking a bit about their policy preferences. By fall of 2015, The Late Show with Stephen
Colbert had already interviewed most of the potential presidential candidates, including Hillary Clinton,
Bernie Sanders, Jeb Bush, Ted Cruz, and Donald Trump.
The Internet has given candidates a new platform and a new way to target voters. In the 2000 election,
campaigns moved online and created websites to distribute information. They also began using search engine
results to target voters with ads. In 2004, Democratic candidate Howard Dean used the Internet to reach out to
potential donors. Rather than host expensive dinners to raise funds, his campaign posted footage on his
website of the candidate eating a turkey sandwich. The gimmick brought over $200,000 in campaign
donations and reiterated Dean’s commitment to be a down-to-earth candidate.
Candidates also use social media, such as Facebook, Twitter, and YouTube, to interact with supporters and get
the attention of younger voters. While internet websites continue to proliferate in political campaigns, the
advent of social media has taken the influence of internet information and communications to a new level.
Candidates use social media, such as Facebook, Twitter, and YouTube, to interact with supporters and get the
attention of young voters. More importantly, social media has become an incredibly important avenue through
which citizens talk to each other about politics, sharing positions, memes and jabs to their chosen networks of
contacts and friends. The possibility of misinformation and bias in that setting led Facebook and Twitter to
begin to monitor for untruths, in some cases deleting the social media accounts of violators, including
President Trump. However, those platforms eventually reduced such monitoring and restriction.
One popular shortcut is simply to vote using party affiliation. Many political scientists consider party-line
254 7 • Voting and Elections
voting to be rational behavior because citizens register for parties based upon either position preference or
socialization. Similarly, candidates align with parties based upon their issue positions. A Democrat who votes
for a Democrat is very likely selecting the candidate closest to the voter's personal ideology. While party
identification is a voting cue, it also makes for a logical decision.
Citizens also use party identification to make decisions via straight-ticket voting—choosing every Republican
or Democratic Party member on the ballot. In some states, such as Texas or Michigan, selecting one box at the
top of the ballot gives a single party all the votes on the ballot (Figure 7.19). Straight-ticket voting does cause
problems in states that include non-partisan positions on the ballot. In Michigan, for example, the top of the
ballot (presidential, gubernatorial, senatorial and representative seats) will be partisan, and a straight-ticket
vote will give a vote to all the candidates in the selected party. But the middle or bottom of the ballot includes
seats for local offices or judicial seats, which are non-partisan. These offices would receive no vote, because the
straight-ticket votes go only to partisan seats. In 2010, actors from the former political drama The West Wing
came together to create an advertisement for Mary McCormack’s sister Bridget, who was running for a non-
partisan seat on the Michigan Supreme Court. The ad reminded straight-ticket voters to cast a ballot for the
court seats as well; otherwise, they would miss an important election. McCormack won the seat.
FIGURE 7.19 Voters in Michigan can use straight-ticket voting. To fill out their ballot, they select one box at the top
to give a single party all the votes on the ballot.
Straight-ticket voting does have the advantage of reducing ballot fatigue. Ballot fatigue occurs when someone
votes only for the top or important ballot positions, such as president or governor, and stops voting rather than
continue to the bottom of a long ballot. In 2012, for example, 70 percent of registered voters in Colorado cast a
ballot for the presidential seat, yet only 54 percent voted yes or no on retaining Nathan B. Coats for the state
supreme court.113
Voters make decisions based upon candidates’ physical characteristics, such as attractiveness or facial
features.114 They may also vote based on gender or race, because they assume the elected official will make
policy decisions based on a demographic shared with the voters. Candidates are very aware of voters’ focus on
these non-political traits. In 2008, a sizable portion of the electorate wanted to vote for either Hillary Clinton or
Barack Obama because they offered new demographics—either the first woman or the first Black president.
Demographics hurt John McCain that year, because many people believed that at 71 he was too old to be
president.115 Hillary Clinton faced this situation again in 2016 as she became the first woman nominee from a
major party. In essence, attractiveness can make a candidate appear more competent, which in turn can help
him or her ultimately win.116 The 2020 election had a bit of everything. While the two major party nominees
were older White men, as was the last-standing Democrat other than Biden, Bernie Sanders, (older even than
McCain was in 2008), there were many diverse candidates of different ages who ran for the Democratic
nomination. Three women, all U.S. senators, ran serious and competitive campaigns: Elizabeth Warren, Amy
Klobuchar, and Kamala Harris (who was tapped for vice president). Representative Tulsi Gabbard (D-HI) ran as
well. In terms of race and ethnicity, Harris is of Black and South Asian descent, Senator Cory Booker is Black,
former HUD Secretary Julián Castro is Latino, and Tulsi Gabbard and entrepreneur Andrew Yang are of Asian-
Aside from party identification and demographics, voters will also look at issues or the economy when making
a decision. For some single-issue voters, a candidate’s stance on abortion rights will be a major factor, while
other voters may look at the candidates’ beliefs on the Second Amendment and gun control. Single-issue
voting may not require much more effort by the voter than simply using party identification; however, many
voters are likely to seek out a candidate’s position on a multitude of issues before making a decision. They will
use the information they find in several ways.
Retrospective voting occurs when the voter looks at the candidate’s past actions and the past economic climate
and makes a decision only using these factors. This behavior may occur during economic downturns or after
political scandals, when voters hold politicians accountable and do not wish to give the representative a second
chance. Pocketbook voting occurs when voters look at their personal finances and circumstances to decide
how to vote. Someone having a harder time finding employment or seeing investments suffer during a
particular candidate or party’s control of government will vote for a different candidate or party than the
incumbent. Prospective voting occurs when the voter applies information about a candidate’s past behavior to
decide how the candidate will act in the future. For example, will the candidate’s voting record or actions help
the economy and better prepare the candidate to be president during an economic downturn? The challenge of
this voting method is that the voters must use a lot of information, which might be conflicting or unrelated, to
make an educated guess about how the candidate will perform in the future. Voters do appear to rely on
prospective and retrospective voting more often than on pocketbook voting.
In some cases, a voter may cast a ballot strategically. In these cases, a person may vote for a second- or third-
choice candidate, either because the preferred candidate cannot win or in the hope of preventing another
candidate from winning. This type of voting is likely to happen when there are multiple candidates for one
position or multiple parties running for one seat.117 In Florida and Oregon, for example, Green Party voters
(who tend to be liberal) may choose to vote for a Democrat if the Democrat might otherwise lose to a
Republican. Similarly, in Georgia, while a Libertarian may be the preferred candidate, the voter would rather
have the Republican candidate win over the Democrat and will vote accordingly.118
One other way voters make decisions is through incumbency. In essence, this is retrospective voting, but it
requires little of the voter. In congressional and local elections, incumbents win reelection up to 90 percent of
the time, a result called the incumbency advantage. What contributes to this advantage and often persuades
competent challengers not to run? First, incumbents have name recognition and voting records. The media is
more likely to interview them because they have advertised their name over several elections and have voted
on legislation affecting the state or district. Incumbents also have won election before, which increases the
odds that political action committees and interest groups will give them money; most interest groups will not
give money to a candidate destined to lose.
Incumbents also have franking privileges, which allows them a limited amount of free mail to communicate
with the voters in their district. While these mailings may not be sent in the days leading up to an
election—sixty days for a senator and ninety days for a House member—congressional representatives are able
to build a free relationship with voters through them.119 Moreover, incumbents have existing campaign
organizations, while challengers must build new organizations from the ground up. Lastly, incumbents have
more money in their war chests than most challengers.
Another incumbent advantage is gerrymandering, the drawing of district lines to guarantee a desired electoral
outcome. Every ten years, following the U.S. Census, the number of House of Representatives members allotted
to each state is determined based on a state’s population. If a state gains or loses seats in the House, the state
must redraw districts to ensure each district has an equal number of citizens. States may also choose to
redraw these districts at other times and for other reasons.120 If the district is drawn to ensure that it includes
a majority of Democratic or Republican Party members within its boundaries, for instance, then candidates
from those parties will have an advantage.
256 7 • Voting and Elections
Gerrymandering helps local legislative candidates and members of the House of Representatives, who win
reelection over 90 percent of the time. Senators and presidents do not benefit from gerrymandering because
they are not running in a district. Presidents and senators win states, so they benefit only from war chests and
name recognition. This is one reason why senators running in 2020, for example, won reelection only 84
percent of the time, while the U.S. House rate was 95 percent.121
LINK TO LEARNING
Since 1960, the American National Election Studies ([Link] has been asking a
random sample of voters a battery of questions about how they voted. The data are available at the Inter-
university Consortium for Political and Social Research at the University of Michigan.
The majority of elections in the United States are held to facilitate indirect democracy. Elections allow the
people to pick representatives to serve in government and make decisions on the citizens’ behalf.
Representatives pass laws, implement taxes, and carry out decisions. Although direct democracy had been
used in some of the colonies, the framers of the Constitution granted voters no legislative or executive powers,
because they feared the masses would make poor decisions and be susceptible to whims. During the
Progressive Era, however, governments began granting citizens more direct political power. States that formed
and joined the United States after the Civil War often assigned their citizens some methods of directly
implementing laws or removing corrupt politicians. Citizens now use these powers at the ballot to change laws
and direct public policy in their states.
Direct democracy takes many forms. It may occur locally or statewide. Local direct democracy allows citizens
to propose and pass laws that affect local towns or counties. Towns in Massachusetts, for example, may choose
to use town meetings, which is a meeting comprised of the town’s eligible voters, to make decisions on budgets,
salaries, and local laws.122
LINK TO LEARNING
To learn more about what type of direct democracy is practiced in your state, visit the University of Southern
California’s Initiative & Referendum Institute ([Link] This site also allows you to
look up initiatives and measures that have appeared on state ballots.
Statewide direct democracy allows citizens to propose and pass laws that affect state constitutions, state
budgets, and more. Most states in the western half of the country allow citizens all forms of direct democracy,
while most states on the eastern and southern regions allow few or none of these forms (Figure 7.20). States
that joined the United States after the Civil War are more likely to have direct democracy, possibly due to the
influence of Progressives during the late 1800s and early 1900s. Progressives believed citizens should be more
active in government and democracy, a hallmark of direct democracy.
FIGURE 7.20 This map shows which states allow citizens to place laws and amendments on the ballot for voter
approval or repeal.
There are three forms of direct democracy used in the United States. A referendum asks citizens to confirm or
repeal a decision made by the government. A legislative referendum occurs when a legislature passes a law or
a series of constitutional amendments and presents them to the voters to ratify with a yes or no vote. A judicial
appointment to a state supreme court may require voters to confirm whether the judge should remain on the
bench. Popular referendums occur when citizens petition to place a referendum on a ballot to repeal
legislation enacted by their state government. This form of direct democracy gives citizens a limited amount of
power, but it does not allow them to overhaul policy or circumvent the government.
The most common form of direct democracy is the initiative, or proposition. An initiative is normally a law or
constitutional amendment proposed and passed by the citizens of a state. Initiatives completely bypass the
legislatures and governor, but they are subject to review by the state courts if they are not consistent with the
state or national constitution. The process to pass an initiative is not easy and varies from state to state. Most
states require that a petitioner or the organizers supporting an initiative file paperwork with the state and
include the proposed text of the initiative. This allows the state or local office to determine whether the
measure is legal, as well as estimate the cost of implementing it. This approval may come at the beginning of
the process or after organizers have collected signatures. The initiative may be reviewed by the state attorney
general, as in Oregon’s procedures, or by another state official or office. In Utah, the lieutenant governor
reviews measures to ensure they are constitutional.
Next, organizers gather registered voters’ signatures on a petition. The number of signatures required is often
a percentage of the number of votes from a past election. In California, for example, the required numbers are
5 percent (law) and 8 percent (amendment) of the votes in the last gubernatorial election. This means through
2022, it will take 623,212 signatures to place a law on the ballot and 997,139 to place a constitutional
amendment on the ballot.123
258 7 • Voting and Elections
Once the petition has enough signatures from registered voters, it is approved by a state agency or the
secretary of state for placement on the ballot. Signatures are verified by the state or a county elections office to
ensure the signatures are valid. If the petition is approved, the initiative is then placed on the next ballot, and
the organization campaigns to voters.
While the process is relatively clear, each step can take a lot of time and effort. First, most states place a time
limit on the signature collection period. Organizations may have only 150 days to collect signatures, as in
California, or as long as two years, as in Arizona. For larger states, the time limit may pose a dilemma if the
organization is trying to collect more than 500,000 signatures from registered voters. Second, the state may
limit who may circulate the petition and collect signatures. Some states, like Colorado, restrict what a signature
collector may earn, while Oregon bans payments to signature-collecting groups. And the minimum number of
signatures required affects the number of ballot measures. California had twelve ballot measures on the 2020
general election ballot, because the state requires fewer signatures to get a constitutional amendment or
initiative on the ballot than in a state like Oklahoma, where the number of required signatures is higher. In
Oklahoma, the required numbers are almost double those of California—8 percent (law) and 15 percent
(amendment) of the votes in the last gubernatorial election. California voters may also have an equally high
number of local ballot initiatives. For example, a San Francisco voter in the 2016 election had a total of forty-
two ballot measures to consider, seventeen at the state level and twenty-five at the city and county level.
Another consideration is that, as we’ve seen, voters in primaries are more ideological and more likely to
research the issues. Measures that are complex or require a lot of research, such as a lend-lease bond or
changes in the state’s eminent-domain language, may do better on a primary ballot. Measures that deal with
social policy, such as laws preventing animal cruelty, may do better on a general election ballot, when more of
the general population comes out to vote. Proponents for the amendments or laws will take this into
consideration as they plan.
Finally, the recall is one of the more unusual forms of direct democracy; it allows voters to decide whether to
remove a government official from office. All states have ways to remove officials, but removal by voters is less
common. The recall of California Governor Gray Davis in 2003 and his replacement by Arnold Schwarzenegger
is perhaps one of the more famous such recalls. The 2012 attempt by voters in Wisconsin to recall Governor
Scott Walker shows how contentious and expensive a recall can be. Walker spent over $60 million in the
election to retain his seat.124
Consider recent laws and decisions about marijuana. California was the first state to allow the use of medical
marijuana, after the passage of Proposition 215 in 1996. Just a few years later, however, in Gonzales v. Raich
(2005), the Supreme Court ruled that the U.S. government had the authority to criminalize the use of marijuana.
In 2009, Attorney General Eric Holder said the federal government would not seek to prosecute patients using
marijuana medically, citing limited resources and other priorities. Perhaps emboldened by the national
government’s stance, Colorado voters approved recreational marijuana use in 2012. Since then, other states
have followed. Forty-two states and the District of Columbia now have laws in place that legalize the use of
marijuana to varying degrees. In a number of these cases, the decision was made by voters through initiatives
and direct democracy (Figure 7.21).
FIGURE 7.21 Caption: In 2014, Florida voters considered a proposed amendment to the Florida constitution that
would allow doctors to recommend the use of marijuana for patient use. The ballot initiative received 58 percent
of the vote, just short of the 60 percent required to pass in Florida.
So where is the problem? First, while citizens of these states believe smoking or consuming marijuana should be
legal, the U.S. government does not. The Controlled Substances Act (CSA), passed by Congress in 1970, declares
marijuana a dangerous drug and makes its sale a prosecutable act. And despite Holder’s statement, a 2013
memo by James Cole, the deputy attorney general, reminded states that marijuana use is still illegal.125 But the
federal government cannot enforce the CSA on its own; it relies on the states’ help. And while Congress has
decided not to prosecute patients using marijuana for medical reasons, it has not waived the Justice
Department’s right to prosecute recreational use.126
Direct democracy has placed the states and its citizens in an interesting position. States have a legal obligation to
enforce state laws and the state constitution, yet they also must follow the laws of the United States. Citizens
who use marijuana legally in their state are not using it legally in their country. This leads many to question
whether direct democracy gives citizens too much power.
Is it a good idea to give citizens the power to pass laws? Or should this power be subjected to checks and
balances, as legislative bills are? Why or why not?
Direct democracy has drawbacks, however. One is that it requires more of voters. Instead of voting based on
party, the voter is expected to read and become informed to make smart decisions. Initiatives can
fundamentally change a constitution or raise taxes. Recalls remove politicians from office. These are not small
decisions. Most citizens, however, do not have the time to perform a lot of research before voting. Given the
high number of measures on some ballots, this may explain why many citizens simply skip ballot measures
they do not understand. Direct democracy ballot items regularly earn fewer votes than the choice of a governor
260 7 • Voting and Elections
or president.
When citizens rely on television ads, initiative titles, or advice from others in determining how to vote, they can
become confused and make the wrong decisions. In 2008, Californians voted on Proposition 8, titled
“Eliminates Rights of Same-Sex Couples to Marry.” A yes vote meant a voter wanted to define marriage as only
between a woman and man. Even though the information was clear and the law was one of the shortest in
memory, many voters were confused. Some thought of the amendment as the same-sex marriage amendment.
In short, some people voted for the initiative because they thought they were voting for same-sex marriage.
Others voted against it because they were against same-sex marriage.127
Direct democracy also opens the door to special interests funding personal projects. Any group can create an
organization to spearhead an initiative or referendum. And because the cost of collecting signatures can be
high in many states, signature collection may be backed by interest groups or wealthy individuals wishing to
use the initiative to pass pet projects. The 2003 recall of California governor Gray Davis faced difficulties
during the signature collection phase, but $2 million in donations by Representative Darrell Issa (R-CA) helped
the organization attain nearly one million signatures.128 Many commentators argued that this example
showed direct democracy is not always a process by the people, but rather a process used by the wealthy and
business.