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10 choke points for Election Day

What could go wrong? E-voting glitches, legal challenges and more

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Voters line up beside empty voting booths inside Houston's Acres Homes Multi-Service Center to cast their votes on Oct. 20, the first day of Texas' early-voting period. Due to a glitch in the electronic voting system, voters waited in long lines to be checked in manually. Many voters left the polling place due to the problem.
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By Alan Boyle
Science editor
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updated 10:32 a.m. ET Oct. 31, 2008

Alan Boyle
Science editor

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In the year 2000, we suffered through Florida's hanging chads and lingering lawsuits. In 2004, we agonized over the long lines at polling places, plus Ohio's provisional ballots. On Election Day this year, what problems will emerge as the choke points for the voting process?

The bad news is that glitches have been popping up for weeks, during an early-voting period that has almost overwhelmed some election officials. The good news? Election officials have now had weeks to see exactly what kinds of problems are popping up, and to take care of them before the big day on Tuesday.

"If there are problems on Election Day, it will be because of something unexpected, not because of a lack of preparation," said Doug Chapin, director of Electionline.org at the Pew Center on the States.

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One problem that's totally expected will be long lines at polling places. "We knew that by midsummer," said Douglas Jones, a computer science professor at the University of Iowa who serves as a researcher and consultant on voting technologies.

Voter registration levels have risen to what appear to be historic proportions. If it weren't for the expanded use of early voting and vote-by-mail schemes, polling places might well have experienced the logistical meltdown that some observers feared.

"Things would be insurmountable if we didn't have this outlet," said Rick Hasen, an election-law expert at Loyola Law School in Los Angeles.

That's not to say that the election process will be trouble-free: But after two hard-fought presidential elections and an extended buildup to this one, the experts and the lawyers, the politicians and the voters have a better idea what kinds of trouble they'll be up against.

Here are 10 potential choke points to watch for on Election Day, in roughly chronological order:

1. Funny business
During the countdown to Election Day, the GOP has been complaining about illegitimate voters, following up on presidential candidate John McCain's warning that "one of the greatest frauds in voter history" was about to be perpetrated. The Democrats, meanwhile, complain about voter suppression: For example, Democratic presidential candidate Barack Obama's campaign officials in Nevada have said Obama supporters were being told falsely that they could vote by phone.

Lawyers from both sides will be maneuvering to capture the spotlight during Election Day, but Chapin doesn't think concerted efforts at fraud or suppression will get very far. "My sense is that a lot of this is just background noise to a lot of people," he said.

2. Registration mismatches
The Help America Vote Act of 2002, or HAVA, required states to draw up voter registration databases that can be matched against ID cards. Some states are more persnickety than others about a "no match, no vote" policy. You should make sure that you're registered at the right address, and that you're heading for the right polling place. ("Can I Vote?" and GoVote are good places to start.)

You might be able to "cure" registration problems in advance of Election Day. Bring the proper ID for your jurisdiction (registration card, drivers license, even a utility bill or bank statement with your name and address on it). That's particularly important if you're a first-time voter, someone who has moved recently or a student voting at a college outside your hometown.

3. Provisional ballots
If you run into an ID issue or some other snag at the polling place, you may be asked to fill out a provisional ballot — which will be set aside in a separate pile to be counted after the election. Or not. The chances of your vote being included can vary dramatically from state to state. During the primary season, Ohio rejected 20 percent of the provisional ballots cast, while Illinois rejected a whopping 70.8 percent.

Bob Brandon, president and co-founder of the Fair Elections Legal Network, suggested that you try to resolve the problems that put you in the provisional pool before filling out the form. If you feel the need for outside help, you can check with voting assistance groups such as Election Protection or the League of Women Voters. But if all else fails, a provisional ballot is better than no ballot at all.

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4. Unfamiliar voting systems
After the punch-card ballot debacle of 2000, election officials rushed to upgrade their voting machines, spending the $3.9 billion set aside by HAVA. Some jurisdictions switched over to electronic voting machines, only to switch once more to optical-scan machines due to concerns about glitches and lost votes.

Each switch forced polling-place workers to learn a new system, Jones noted. "Each time you do that, you're starting over again, and you get embarrassed again," he said. "My advice to election officials is, 'Don't panic — instead, study the system you have.'"


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