Election administration is the process of preparing for and then implementing an election. Every state has one. It manages the logistics of elections. The elementary problems include challenges in election administration like long lines at polling places, ensuring equitable access to voting, designing ballots so voters can understand them, making sure voters are registered, counting votes, and correcting vote counting errors.
Political parties, institutions, candidates, supporters, influencers, and others approve, disapprove, support, fight, and belabor the process to tilt results one way or the other. Election administration in the United States is decentralized, with thousands of jurisdictions having primary responsibility for administering their own elections.
Election administrations, officers, staff, and poll workers are “followed” in the press. The administrations have their own press and internet presence. It’s called the National Association of Election Officials.[1]
The Journal of Election Administration Research & Practice is a biannual e-journal developed in partnership between the National Association of Election Officials (also known as The Election Center) and the Auburn University Election Administration Initiative. It is designed to address the concerns of the practice, policy, research, vendor, and advocacy communities involved in the administration of elections in the US and abroad. This is a peer-reviewed praxis journal that provides greater breadth and depth to questions about the administration of the election, offering a format and content that is accessible to practitioners, as well as content that informs better policy and research.
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. It drafts, discusses, revises, and publishes Restatements of the Law, Model Codes, and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.[2]
The ALI issued a press release on January 29, 2024, announcing the completion of a new report dealing with the ethics of elections. It is sui generis. No other group, state, political party, candidate, voter, or casual observer has ever tried to match ethics with elections. The abstract says: “Even if the times were not so challenging, it would be appropriate to encourage those who conduct elections to consider the principles that undergird their work, inform the public of those principles, and hold each other accountable to them.”[3]
The final report includes seven core principles for adoption by the profession:
- Adhere to the law. Election officials have a duty to administer the law as written and interpreted by the relevant authorities.
- Protect and defend the integrity of the election process. Election officials have a duty to safeguard against unfounded attacks on the integrity of the election process.
- Promote transparency in the conduct of elections. Election officials have a duty to make election administration transparent to the public.
- Treat all participants in the election process impartially. Election officials have an obligation to treat all participants in the electoral process impartially, including voters, candidates, citizens, and political committees.
- Demonstrate personal integrity. Election officials have a duty to conduct themselves honestly and forthrightly in all interactions with superiors, peers, candidates, campaign officials, and the general public.
- Practice the highest level of ethics and stewardship. Election officials have a duty to expend public funds carefully and foster respect among employees and volunteers.
- Advance professional excellence. Election officials have a duty to stay informed about election laws and new developments in election management.
The Report is a forty-nine-page document chock full of good ideas, ethical imperatives, hopes, good ideas, and a secular prayer identified as the Executive Summary. “While ethical principles should guide the passage of state election law, their content should not be legislatively mandated. Enforcement of ethical principles is a serious matter, and organizations adopting such principles should carefully consider enforcement actions, ranging from informal correction to expulsion, always keeping due process rights in mind.”
Two years ago, on June 15, 2022, a similar but different entity released a “guide” for election officials. It insisted that election workers follow the law and remain free from malice or political bias.[4] They do not mention ethics, but the guide appears well-intentioned:
“In the current socio-political climate, election officials face a growing reality that anyone with access to election infrastructure (ballots, equipment, buildings, people, etc.) can intentionally or unintentionally cause harm. These insider threats could include elected officials, election staff and seasonal workers, governing board members, other county or state officials, observers, members of the public, and even law enforcement members. Most of these official participants take an oath to defend the constitution of their state and the Constitution of the United States.”[5]
Electionsgroup.com explains the difference between the oath of office and standards of conduct. Oaths are promises to uphold the requirements and obligations of officeholders. While that is hopeful, it is an ethical imperative.
The Brennan Center for Justice urges lawyers, lawmakers, and the government to act ethically in administering elections.
Although election officials have successfully managed recent election cycles amidst significant challenges, they have faced a relentless onslaught of attacks fueled by false perceptions about their work. As part of a multifaceted response to these attacks, election officials should elevate the ethical principles that guide their work to safeguard democracy. This can be achieved through the adoption of an expanded code of ethics that seeks to foster professional identity, express shared values, and promote accountability. A profession’s code of ethics establishes a foundation for expected behavior, enabling officials to navigate complex challenges while aligning with their values. Equally important, a code of ethics communicates shared values to the public, enhancing credibility and facilitating explanation of difficult decisions. For this effort to have success, election officials themselves must drive the effort, with the Election Center playing a pivotal role in leading and supporting this vital work.[6]
Ballotpedia published statements by both 2024 presidential candidates. Kamala Harris said her key issues are reducing child poverty, supporting labor unions, affordable healthcare, and paid family leave. She also supports the Freedom to Vote John R. Lewis Act, red flag laws, universal background checks, and an assault weapons ban. Perhaps most importantly, she said, “When Congress passes a law to restore reproductive freedoms, as president of the United States, I will sign it into law.”[7]
Donald Trump said his key issues are respect for the United States. “No nation will question our power. No enemy will doubt our might. Our borders will be totally secure. Our economy will soar. We will return law and order to our streets, patriotism to our schools, and importantly, we will restore peace, stability, and harmony all throughout the world.”[8]
Ethics are the moral principles that govern a person’s behavior or the conduct of an activity. Both morality and ethics loosely concern distinguishing the difference between “good and bad” or “right and wrong.” Many people think of morality as something that’s personal and normative, whereas ethics is the standards of “good and bad.”
No one ever accused Donald Trump of being a moral man. Everyone thinks of Kamala Harris as an ethical woman. They have little in common but for the fact both are on this year’s ballot for president of the United States.
Few voters will base their voting selections on either ethics or morality. That’s understandable because morality and ethics are standards for life, not elected office. They have to do with distinguishing the difference between “good and bad” or “right and wrong.”
“Many people think of morality as something that’s personal and normative. Your local community may think adultery is immoral, and you personally may agree with that. However, the distinction can be useful if your local community has no strong feelings about adultery, but you consider adultery immoral on a personal level. By these definitions of the terms, your morality would contradict the ethics of your community.”[9]
Ethics and morality have little to do with elections or voters. “A record-high 50% of Americans rate the overall state of moral values in the U.S. as “poor,” and another 37% say it is “only fair.” Just 1% think the state of moral values is “excellent” and 12% “good.”[10]
One way to think about ethics and morality in the U.S. is to define it in political terms. The findings above are from Gallup’s June 15, 2022, statistical findings in their May 2022 Values and Beliefs poll.
“They are generally in line with perceptions since 2017 except for a slight improvement in views in 2020 when Donald Trump was running for reelection. On average since 2002, 43% of U.S. adults have rated moral values in the U.S. as poor, 38% as fair, and 18% as excellent or good. Republicans’ increasingly negative assessment of the state of moral values is largely responsible for its record-high overall poor rating. At 72%, Republicans’ poor rating of moral values is at its highest point since the inception of the trend and up sharply since Trump left office. At the same time, 36% of Democrats say the state of moral values is poor, while a 48% plurality rate it as only fair and 15% as excellent or good. Independents’ view of the current state of moral values is relatively stable and closer to Democrats’ than Republicans’ rating, with 44% saying it is poor, 40% only fair and 16% excellent or good.”[11]
I’ll end this blog with the suggestion that all voters should “go figure.” That idiom is perfect for today’s political climate. It’s surprising and hard to understand. Go figure, then go vote.
[1] https://www.electioncenter.org/journal-of-election-administration-research-and-practice.php
[2] https://www.ali.org/about-ali/
[3] https://www.ali.org/news/articles/bipartisan-working-group-issues-ethical-standards-election-administration/
[4] https://electionsgroup.com/resource/standards-of-conduct-for-election-workers/
[5] https://electionsgroup.com/resource/standards-of-conduct-for-election-workers/
[6] https://www.brennancenter.org/our-work/research-reports/how-renewed-code-ethics-can-strengthen-election-administration-profession
[7] https://ballotpedia.org/Kamala_Harris_presidential_campaign,_2024
[8] https://ballotpedia.org/Donald_Trump_presidential_campaign,_2024
[9] https://www.britannica.com/story/whats-the-difference-between-morality-and-ethics#:~:text=Both%20morality%20and%20ethics%20loosely,certain%20community%20or%20social%20setting.
[10] https://news.gallup.com/poll/393659/record-high-americans-rate-moral-values-poor.aspx
[11] https://news.gallup.com/poll/393659/record-high-americans-rate-moral-values-poor.aspx
I am an author and a part-time lawyer with a focus on ethics and professional discipline. I teach creative writing and ethics to law students at Arizona State University. Read my bio.
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