The U.S. is the only democracy in the world to select most senior election officials through partisan elections, a system that inevitably creates strong allegiances between officials and political parties they must oversee. Secretaries of state, county clerks, and other election officials have generally risen above the partisan affiliations attached to their names to oversee elections fairly and impartially, voluntarily adhering to norms of ethical behavior. But norms are not laws. Less ethical newcomers to the field are winning election posts and effectively promising voters to help their side win. This new reality, coupled with diminishing trust in elections by some voters, points to the need for reforms that enshrine the standards of professionalism and impartiality we all expect in the heart of our democracy. ERN has led the development of ethics legislation and fresh models for broadly representative election leadership, drawn from worldwide best practices, in this new era of American elections.
ERN has designed a new, broadly representative state election board that will have authority over ballot initiatives, set election policy in line with state law, certify results, and nominate a nonpartisan professional chief election official.
Voters pay more attention to election administration today that perhaps ever before. Recusal options should be available for election officials, and decisions about recusal – even when those decisions are not to recuse – should be made public in advance of the election.
Few states have laws and guidelines for such an apparent conflict of interest. ERN's new report provides a framework for decision-making and legislation.
In 33 states, the chief election official position is held by the secretary of state (or other state officer) who is elected in partisan elections and takes office with allegiance to a political party. No other democracy in the world selects its most senior election officials this way.
An example of a possible bill to secure trusted and impartial elections by providing for oversight by an independent state board of elections and election administration by a nonpartisan professional.
As election administration comes under increasing scrutiny from both sides of the political spectrum, an increasing number of researchers, scholars, lawyers, organizations, writers, and editorial boards have come out in favor of the concept of "impartial election administration."
Senior election officials often have to balance political party affiliations on one hand and impartial administration on the other. Our nation’s election officials deserve a better system that makes their neutrality and professionalism clear to all sides.
Did the majority of voters reject democracy this election? Election Reformers Network offers evidence in the 2024 election results, mostly overlooked to date, that shows a pattern of cross-partisan voting to protect or expand some important democratic rights at the state level. While narrow in scope, this analysis counters the most pessimistic assessment that the American majority does not care about, or is not willing to stand up for, democracy.
This collection of model legislation offers a starting point for state lawmakers and advocates interested in drafting reforms to strengthen elections and democratic institutions. Models feature ethics legislation, qualification thresholds for senior election officials, and a task force study bill.
Though implications for the abortion ballot initiative in November have dominated news coverage of August’s Issue 1, the leadership failure atop the state’s election system should not be ignored. Ohio elections need neutral referees just as much as sports do.
States have many different models for running elections. This short guide (with map) breaks down where elections are run by an individual (such as a Secretary of State), a board or commission, or a combination of the two.
As a result of the decentralized nature of elections in the United States, election administration structures vary greatly state-by-state. In ten states the state-level leadership is the responsibility of an election board or commission. These types of boards, if structured correctly, can reduce concerns about partisanship in election certification processes.
“A politicized, partisan secretary of state can completely distort public understanding of a ballot question through their control of the summary language,” says ERN Executive Director Kevin Johnson.
Voters need to know that the election system protects them from rogue behavior. Even modest changes in law and practice could go a long way.
This model bill provides a template for states to create a task force to research and make recommendations regarding expanded capacity, professional independence in election administration, and dispute resolution.