Voter Consent Ballot Options Recommended by Voters for None of the Above
The three models below are recommended by Voters For None Of The Above for implementing binding and non-binding Voter Consent NOTA ballot options. If you are considering drafting a NOTA law, we urge you to consider using these methods, and we also recommend you refer to the Massachusetts NOTA legislation. However, many Voter Consent Ballot Options are possible and Voters for None of the Above supports a broad range of efforts to enact Voter Consent laws whether they conform to our recommendations or not.
Binding NOTA:
A binding Voter Consent Ballot Option, based on Massachusetts legislation, allows voters to reject all candidates for an office and call for a new election, with new candidates, to fill the office. Sample ballot:
(Competitive Race) ~or~ (Noncompetitive Race)[ ] Candidate A [ ] Candidate A [ ] Candidate B [ ] None of the Above; For a New Election [ ] None of the Above; For a New ElectionResults in the following Voter Consent Ballot Options:
Voter Option 1: Vote for a candidate.
Voter Option 2: Vote for the line "None of the Above; For a New Election", indicating the voter selects none of the above candidates and is calling for a by-election with new candidates to fill the office. If "None of the Above; For a New Election" receives more votes than any candidate, then no one is elected to that office and a follow-up by-election with new candidates must be held to fill the office.
Comment: A binding NOTA empowers voters to withhold their consent to an election to office so that even candidates running unopposed must obtain voter consent to be elected. Because a binding NOTA can result in the calling of by-elections with new candidates to fill an office, it is far more complex than an non-binding NOTA, involving greater cost and delays in the filling of an office. However, those costs and delays occur only if voters vote to hold a new election, and are likely to be less than the costs of electing unacceptable candidates to office. In addition, we expect political parties to improve the quality of their candidates in response to having a binding NOTA on the ballot without any cost to the voters. In the Massachusetts Model, the by-election occurs not less than 60 days and not more than 80 days after the prior election. See: Reasons Voter Consent Laws are a Good Idea
Binding NOTA and Abstention:
A binding Voter Consent Ballot Option, used in Beloit College's student congress elections, allows voters to vote for a candidate, or to abstain, or to reject all candidates for an office and call a new election, with new candidates, to fill the office. Sample ballot:
(Competitive Race) ~or~ (Noncompetitive Race)[ ] Candidate A [ ] Candidate A [ ] Candidate B [ ] No Preference (Abstention) [ ] No Preference (Abstention) [ ] None of the Above (New Election) [ ] None of the Above (New Election)Results in the following Voter Consent Ballot Options:
Voter Option 1: Vote for a candidate.
Voter Option 2: Vote for the line "No Preference (Abstention)", indicating the voter is not voting for any candidate. This option eliminates a so called "undervote," where the total number of votes cast is less than the number of voters, which can raise questions about the vote count and be an occasion for mischief.
Voter Option 3: Vote for the line "None of the Above (New Election)", indicating the voter selects none of the above candidates and is calling for a by-election with new candidates to fill the office. If "None of the Above; For a New Election" receives more votes than any candidate, then no one is elected to that office and a follow-up by-election with new candidates must be held to fill the office.
Comment: By having both "No Preference (Abstention)" and "None of the Above (New Election)," the Beloit College Model gives voters a more complete range of voter consent options. The "No Preference (Abstention)" allows the voter to record abstaining from voting for a particular office, thereby reducing the so-called undervotes that occur when voters do not vote for any candidate. A binding "None of the Above (New Election)" empowers voters to withhold their consent to an election to office by calling for a new election with new candidates. We believe the overall effect of the Beloit College Model would be to reduce both the potential number of NOTA by-elections compared to Massachusetts Model as well as further reduce so-called undervotes. Voters for None of the Above is considering changing the Voter Consent bill it will be submitting this spring to the Beloit College Model, because it would likely reduce of both undervotes and NOTA by-elections. Voters for None of the Above believes the most important contribution Voter Consent laws make is the deterrent effect of being able to withhold consent, and the fewer by-elections needed to accomplish that the better. Let us know what you think.
Non-binding NOTA:
The following Voter Consent Ballot Option is known as the "Washington Model" after legislation originally submitted there and is a non-binding NOTA. Sample ballot:
(Competitive Race) ~or~ (Noncompetitive Race)[ ] Candidate A [ ] Candidate A [ ] Candidate B [ ] Prefer None of the Above [ ] Prefer None of the AboveResults in the following Voter Consent Ballot Options:
Voter Option 1: Vote for a candidate only.Voter Option 2: Vote for a candidate or not, and also vote for the line "Prefer None Of The Above", indicating the voter is not satisfied with the choice of candidates. No matter how many votes are cast for "Prefer None of the Above", the candidate with the most votes is elected.
Comment: While a non-binding NOTA does not allow voters to withhold their consent to an election to office and to call for a new election to fill the office, it does allow the voters to withhold a political mandate from the winning candidate, depending on the size of NOTA vote count. A non-binding NOTA is less complex and less costly than a binding NOTA.
Not Recommended by Voters for None of the Above
Non-binding NOTA:
The following Voter Consent Ballot Option is known as the "Nevada Model" after legislation originally enacted there in 1976 and is a non-binding NOTA. Sample ballot:
[ ] Candidate A [ ] Candidate B [ ] None of these candidatesResults in the following Voter Consent Ballot Options:
Voter Option 1: Vote for a candidate only.Voter Option 2: Instead of voting of a candidate, vote for "None of these candidates," indicating the voter is not satisfied with the choice of candidates. No matter how many votes are cast for "None of these candidates," the candidate with the most votes is elected.
Comment: Nevada enacted America's first Voter Consent Law in 1976, an important first step in enacting Voter Consent laws, and it remains in effect today. We do not recommend this form of non-binding NOTA because a voter must give up a binding vote for a candidate in order to cast a non-binding NOTA vote and it is limited to state-wide offices. We do not believe this gives voters equitable alternatives, except for voters who would otherwise not vote for a candidate or who would cast a protest vote for a candidate with whom they do not agree.
Two Party System's "Must Hire" Ballot:
A ballot system used in all 50 states, allows voters to vote for a candidate to fill the office. Sample ballot:
(Competitive Race) ~or~ Noncompetitive, One Choice Race)[ ] Candidate A [ ] Candidate A [ ] Candidate BResults in the following Voter Consent Ballot Options:
Voter Option 1: Vote for a candidate.
Comment: The two party system's "must hire" ballot does not allow the voter to withhold consent. Elections almost always with one or two major party candidates only, because these parties have jointly passed state ballot access laws making automatic to get on the ballot if you are a "Republicat" and extremely difficult otherwise. Competitive elections focus on discrediting the other candidate, rather than candidates speaking for their own qualifications and record. Campaigns conducted by advertising, whose expense requires large contributions from interests later served by the winner. Elections with one candidate and no write-in really should not be called elections, and need not be held, because they are appointment by a major party.
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