AP (“Florida has nearly all ballots counted on Election Day, while California can take weeks. This is why.“):
In the 2020 presidential election, Florida reported the results within a few hours of poll close of more than 99% of ballots cast.
In California, almost one-third of ballots were uncounted after election night. The state was making almost daily updates to its count through Dec. 3, a full month after Election Day.
This wasn’t unusual or unexpected.
California, the nation’s most populous state, is consistently among the slowest to report all its election results. Florida, the third-most populous state, is generally among the first to finish.
The Constitution sets out broad principles for electing a national government and leaves the details to the states. The choices made by state lawmakers and election officials as they sort out those details affect everything from how voters cast a ballot, how quickly the tabulation and release of results takes place, how elections are kept secure and how officials maintain voters’ confidence in the process.
The gap between when California and Florida are able to finalize their count is the natural result of election officials in the two states choosing to emphasize different concerns and set different priorities.
Lawmakers in California designed their elections to improve accessibility and increase turnout. Whether it’s automatically receiving a ballot at home, having up until Election Day to turn it in or having several days to address any problems that may arise with their ballot, Californians have a lot of time and opportunity to vote. It comes at the expense of knowing the final vote counts soon after polls close.
“Our priority is trying to maximize participation of actively registered voters,” said Democratic Assemblymember Marc Berman, who authored the 2021 bill that permanently switched the state to all-mail elections. “What that means is things are a little slower. But in a society that wants immediate gratification, I think our democracy is worth taking a little time to get it right and to create a system where everyone can participate.”
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Florida’s election system is geared toward quick and efficient tabulation. Coming out of its disastrous 2000 presidential election, when the U.S. Supreme Court settled a recount dispute and George W. Bush was declared the winner in the state over Al Gore, the state moved to standardize its election systems and clean up its canvass, or the process of confirming votes cast and counted.
Republican Rep. Bill Posey, who as state senator was the sponsor of the Florida Election Reform Act of 2001, said the two goals of the law — to count all legal votes and to ensure voters are confident their votes are counted — were accomplished by mandating optical ballot scanners in every precinct. That “most significant” change means no more “hanging chads” in Florida. The scanners read and aggregate results from paper ballots, immediately spitting back any that contain mistakes.
Florida’s deadlines are set to avoid having ballots arrive any later than when officials press “go” on the tabulator machines. The state has a receipt deadline for its absentee ballots, which means ballots that do not arrive by 7 p.m. local time on Election Day are not counted, regardless of when they were mailed.
Michael T. Morley, a professor of election law at Florida State University College of Law, pointed out that Florida election officials may begin processing ballots, but not actually count them, before polls close. That helps speed up the process, especially compared with states that don’t allow officials to process mail ballots before Election Day.
Given that President is a national-level office, it seems only reasonable that there should be uniform rules for voting and counting. And, given efforts in recent years to discredit the legitimacy of our elections, there’s good reason to emphasize fast, accurate counting.
While I continue to have some misgivings about the fact that Election Day has become Election Month in parts of the country, the general trend toward inclusivity is a good one. But it’s perfectly reasonable to have a deadline that allows counting of ballots on Election Night. Florida’s mechanism that allows validation of ballots as they come in, therefore, strikes me as one that should be copied.
The different rules are compounded by the fact that, for a variety of reasons, Republican-leaning precincts tend to be counted before Democratic-leaning ones. This leads to the so-called Red Mirage, which makes it perfectly understandable for those rooting for a Republican win to feel like something amiss is happening when Democrats inevitably close the gap and win close contests.
