11/19/06

One option for reducing undervotes: None Of The Above

ENGLEWOOD -- As recounts proceed in the wake of a bitter Congressional seat race between Democrat Christine Jennings and Republican Vern Buchanan, County Commissioner Paul Mercier has suggested an option: None Of The Above.

Mercier, who also serves as a member of the county canvassing board, explained how this idea might help resolve the issue.

"If None Of The Above wins, we should throw out the candidates and start over again," he said.

This idea may not be so far fetched as it seems. In fact, there is an organization dedicated to giving voters an opportunity to voice their dissatisfaction. It is called Voters for None of the Above and was founded in Massachusetts in 1996.

William H. White, 62, is Director of NOTA. He explained its philosophy.

"The idea is incredibly simple," White said. "We believe that all legitimate consent requires the ability to withhold consent."

Voters can withhold their consent when voting on questions by voting no, he added, but are unable to withhold that consent when voting for candidates. By adding a NOTA option to the ballot, voters could keep either candidate from winning an election.

Currently, only Nevada has a NOTA option on its ballots for statewide offices, although it is a non-binding one.

"It's non-binding in that if the NOTA vote would win, the candidate with the most votes would still be elected," White said. In essence, the voter is giving up the right to vote, "but his or her dissatisfaction is noted," he added.

The advantage to Nevada's system is that it reduces undervotes, which have been the bane of the Jennings/Buchanan race.

"Let's face it. Undervotes are a fertile ground for mischief," White said. "If someone leaves a ballot blank, there's always an opportunity to 'amend' it later," he added.

"If you had a binding NOTA on the ballot, that would mean instead of voting for a candidate, a voter is saying they don't want any of those candidates," White said. "If NOTA gets more votes than any of the candidates, then no one is elected and a new election is called, with different candidates."

According to White, many candidates feel their job is to make the other candidate appear worse, so they focus on attacking their opponent rather than explaining why they should be elected. Knowing they must face NOTA as well as an opponent would reduce the incentives for negative campaigning and so-called, "lesser evil" candidates. Buying "access" to candidates or determining election outcomes with contributions would therefore become far less certain enterprises.

Even candidates running unopposed could lose, if a binding NOTA received more votes, he added.

Passing legislation to enact binding NOTA will be an uphill climb. It must be embraced by the very politicians who could lose an election because of it.

"The only way we're going to get voter consent laws passed will be by initiative petition," White said.

But that will take time, perhaps years. Until voter consent laws are passed and enacted, White recommended that voters write "None Of The Above" or "NOTA" in the write-in area of their ballots to voice their dissatisfaction.

"xVoter consent laws will not solve all the problems with democratically governing ourselves," he added. "But NOTA based voter consent laws are a common sense, much needed improvement, returning some power to the people, from whom our constitution draws its legitimacy. They will also take some power from political parties and corporations, whom our constitution never mentions."

For more information about NOTA, visit their web site: www.NOTA.org.

You can e-mail Steven J. Smith at ssmith@sun-herald.com.com. and corporations, whom our constitution never mentions."

For more information about NOTA, visit their web site: www.NOTA.org.

You can e-mail Steven J. Smith at ssmith@sun-herald.com.

By STEVEN J. SMITH

Staff Writer