Reexamining Election Reform
As just about everyone recognizes, election reform is far from complete. It is instead an ongoing process that will continue at least through 2008. There's a clear need for further inquiry and research on what more needs to be done to improve the manner in which our election are conducted.

Toward that end, two groups have been created to look into the present state of election administration and to develop recommendations for further reform. The first is a working group assembled by The Century Foundation, announced here. The second is a blue ribbon commission formed by the Center for Democracy and Election Management at American University, announced here. (Disclosure: I'm a member of The Century Foundation task force and am an academic advisor to the commission organized by A.U.)

The two groups will serve complementary purposes. The Century Foundation's working group will be focusing on making recommendations to the states, particularly on how they can better implement the mandates of HAVA. In doing so, the group aims to propose improvements that will serve HAVA's twin goals of enhancing access and integrity -- or in the words of Rep. Steny Hoyer, one of the law's two principal co-sponsors, making it "easier to vote" but "harder to cheat." Not an easy task, of course, since these two imperatives frequently seem to conflict. The working group plans to complete a report by the late spring or early summer.

The A.U. commission will be jointly chaired by former President Jimmy Carter and former Secretary of State James Baker. This commission will focus on improvements at the federal level. Four years ago, former President Carter co-chaired a commission with former President Gerald Ford, which made recommendations that led to the enactment of HAVA. It will hold two hearings, one at A.U. on April 18 and the other at the Baker Institute in Houston in June, with the goal of releasing a report by September, when Congress returns from its recess.

Both of these groups are engaged in important work. I've previously stated my view that the most important work in the next four years will likely take place at the state level. Thus, making recommendations to the states on how they can better administer elections is critical. I suspect that Congress will be reluctant to revisit HAVA until all of its key provisions go into effect in 2006. Nevertheless, it makes sense to think about improvements that can be made at the federal level now. Even if the changes suggested by the Carter-Baker commission aren't immediately enacted, they will likely help frame the discourse -- and continue what has been a lively and constructive debate over election administration -- in years to come. - posted by Dan Tokaji @ 10:22 PM