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Disenfranchised Voters

Disenfranchised voters are individuals who are entitled to vote, want to vote, or attempt to vote, but who are deprived from either voting or having their votes counted. The most dramatic undercount in the Florida election was the uncast ballots of countless eligible voters who were wrongfully turned away from the polls. Statistical data, reinforced by credible anecdotal evidence, point to the widespread denial of voting rights. It is impossible to determine the extent of the disenfranchisement or to provide an adequate remedy to the persons whose voices were silenced by injustice, ineptitude, and inefficiency. However, careful analysis and some reasonable projections illustrate what happened in Florida.

The disenfranchisement of Florida’s voters fell most harshly on the shoulders of black voters. The magnitude of the impact can be seen from any of several perspectives:

• Statewide, based upon county-level statistical estimates, black voters were nearly 10 times more likely than nonblack voters to have their ballots rejected.
  
  
• Estimates indicate that approximately 14.4 percent of Florida’s black voters cast ballots that were rejected. This compares with approximately 1.6 percent of nonblack Florida voters who did not have their presidential votes counted.
  
  
• Statistical analysis shows that the disparity in ballot spoilage rates—i.e., ballots cast but not counted—between black and nonblack voters is not the result of education or literacy differences. This conclusion is supported by Governor Jeb Bush’s Select Task Force on Election Procedures, Standards and Technology, which found that error rates stemming from uneducated, uninformed, or disinterested voters account for less than 1 percent of the problems.
  
  
• Approximately 11 percent of Florida voters were African American; however, African Americans cast about 54 percent of the 180,000 spoiled ballots in Florida during the November 2000 election based on estimates derived from county-level data. These statewide estimates were corroborated by the results in several counties based on actual precinct data.
  

Poor counties, particularly those with large minority populations, were more likely to possess voting systems with higher spoilage rates than the more affluent counties with significant white populations. There is a high correlation between counties and precincts with a high percentage of African American voters and the percentage of spoiled ballots. For example:

• Nine of the 10 counties with the highest percentage of African American voters had spoilage rates above the Florida average.
  
  
• Of the 10 counties with the highest percentage of white voters, only two counties had spoilage rates above the state average.
  
  
• Gadsden County, with the highest rate of spoiled ballots, also had the highest percentage of African American voters.
  
  
• Where precinct data were available, the data show that 83 of the 100 precincts with the highest numbers of spoiled ballots are black-majority precincts.
  

The magnitude of the disenfranchisement, including the disparity between black and nonblack voters, is supported by the testimony of witnesses at the Commission’s hearings. These witnesses include local election officials, poll workers, ordinary voters, and activists. Among the sworn testimony:

• One potential voter waited hours at the polls because of a registration mix-up as poll workers attempted to call the office of the supervisor of elections. The call never got through and the individual was not allowed to vote. A former poll worker herself, she testified that she never saw anything like it during her 18 years as a poll worker.
  
  
• A poll worker in Miami-Dade County with 15 years of experience testified, “By far this was the worst election I have ever experienced. After that election, I decided I didn’t want to work as a clerk anymore.”
  
  
• A poll worker in Palm Beach County testified that she had to use her personal cell phone to attempt to contact the election supervisor’s office. Despite trying all day, she only got through two or three times over the course of 12 hours.
  
  
• A Broward County poll worker testified that in past elections it took about 10 minutes to get through to the elections supervisor. During the course of the November 2000 election, she turned away approximately 40–50 potential voters because she could not access the supervisor of elections.
  
  
• A Boynton Beach poll worker explained how his precinct workers turned away about 30–50 potential voters because they could not get through to the supervisor of elections. He was successful only once during an eight-hour period.
  
  
• Other persons testified about waiting in long lines only to be ultimately denied their right to vote.
  

http://www.usccr.gov/pubs/vote2000/report/exesum.htm