By

Brian Montopoli /

CBS News/ September 27, 2012, 6:00 AM

Should partisans be in charge of our elections?

Former Florida Secretary of State and U.S. Rep. Katherine Harris (R-FL) (L) announces that she will not be running for the U.S. Senate, with Florida State Representative Nancy Detert looking on January 16, 2004 in Sarasota, Florida.

Former Florida Secretary of State and U.S. Rep. Katherine Harris (R-FL) (L) announces that she will not be running for the U.S. Senate, with Florida State Representative Nancy Detert looking on January 16, 2004 in Sarasota, Florida. / Getty Images

(CBS News) Imagine that the umpire in a baseball game was affiliated with one of the teams on the field. Would you trust him to call the game fairly?

You most likely would not. Yet when it comes to elections, Americans trust officials from the two political parties to oversee the process in a fair way.

There are 36 states in which elections are overseen by an elected, partisan secretary of state or lieutenant governor, according to the National Association of Secretaries of State. In another three states - Florida, Pennsylvania and Texas - partisan secretaries of state appointed by the governor oversee elections.

These officials vow to carry out their duties in an impartial manner. The Constitution of the National Association of Secretaries of State says that members commit to "practicing fair and unbiased election administration that recognizes each eligible citizen's right to cast his or her vote, and for that vote to be counted with the highest regard to constitutional foundations."

But there have been numerous decisions that have prompted critics to call that promise into question. The most famous comes from Florida, where, in the year 2000, Secretary of State Katherine Harris halted recounts and certified George W. Bush the winner of the state's decisive electoral votes. This year, in Florida, Colorado and other states, efforts by Republican secretaries of state to purge non-citizens from voter rolls have left critics alleging voter suppression.

Ohio, another battleground state, has seen more than its fair share of this sort of controversy. In 2004, Democrats successfully sued Ohio Secretary of State Ken Blackwell, a Republican, for a provisional ballot policy they said was designed to suppress the Democratic vote. Blackwell was succeeded by Democrat Jennifer Brunner, who was also widely seen as having tried to tilt the playing field in her party's favor. In August, the Obama administration successfully sued Brunner's successor, Jon Husted, for giving military voters (who tend to vote Republican) extra time to vote but denying that opportunity to civilian voters.

Many partisan secretaries of state have aspirations to continue rising through their party ranks. They thus have a particular incentive to make decisions that help that party achieve its goals.

"It's an inherent conflict of interest because you've got an umpire who's a betting stake in the game," said Ohio State University law professor Daniel Tokaji, an expert in election law.


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© 2012 CBS Interactive Inc. All Rights Reserved.
33 Comments Add a Comment
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audemus says:
Harris should still be busting rocks in the hot sun....
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erasmus111 says:
"These officials vow to carry out their duties in an impartial manner."


America has a problem. America is CORRUPT. America has only two parties, and there is so much HATRED for each other, you can't possibly trust anyone to do the right thing.

I suggest bringing in people from outside the country to oversee things. I'm available. : )

You should NOT be using voting machines. Paper ballots only. And when those ballots are transported, there should be a cop escorting the person/persons handling them. There should be a camera on at all times. Even during the counting process. They should be counted three times. Once by a Democrat, once by a Republican and once by a so called partisan.

Sheesh, when you have parties changing the rules about who can vote and where they can vote, at election time, you've got problems. No one can be trusted.
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chevyhotrod says:
Should partisans be in charge of our elections?

How about this headline CBS:

Should partisans be in charge of the Free Press?
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matt6052 says:
Sometimes the most fair depiction is partisanship.

Who's to say that an election board of six district court judges is not conflicted in ways other than partisan affiliation?

For example, all six judges are state bar association members. What happens when the radical reformer of the legal profession ends up in an election recount?

At least with partisan affiliation, the public becomes sensitized to the conflicted potential of all our politics.

Harris actually received a bit of a bad deal. The position is a down-ballot, low controversy job and is not designed to become the spotlight of focus in a recount that determines the outcome of a presidential election. Her only responsible course was to adopt every interpretation that supported the election outcome of the political party to which she was affiliated, and let the candidates, courts, and others act in accordance with their own interests.

She is sort of an early prototype for Palinizing conservative females by liberals.
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waygone replies:
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Rubbish.
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obabyo says:
No. But they are people so I don't see how we can avoid it. The most important thing about election officials should be to see that all people who are eligible to vote are registered to vote and that all votes cast are counted and reported accurately.
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qyeteye says:
National elections = national standards
Period.
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sjc_1 replies:
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agreed
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rightofwrong says:
Good luck finding an honest person that has no political opinion. This discussion is moot.
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hypnotoad72 replies:
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More to the point - a person who is mature enough not to let personal opinion take over evidence presented. Such a person would also have to research evidence and other factors to ensure nothing is being manipulated.
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matt6052 says:
Sometimes the most fair depiction is partisanship.

Who's to say that an election board of six judges is not conflicted in ways other than partisan affiliation?

For example, all six judges are state bar association members. What happens when the radical reformer of the legal profession ends up in an election recount?

Without partisan affiliation, the public becomes desensitized to the conflicted potential of all our politics.

Harris actually received a bit of a bad deal. The position is a down-ballot, low controversy job and is not designed to become the spotlight of focus in a recount that determines the outcome of a presidential election. Her only responsible course was to adopt every interpretation that supported the election outcome of the political party to which she was affiliated, and let the candidates, courts, and others act in accordance with their own interests.

Who on the other side was willing to accept any of her decisions as non-partisan while the outcome was still against them?
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waygone replies:
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Why stop the recount? I don't care how long it takes. They should give us all week to be able to vote, not just one day. And count all the votes.
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Rafterman11 says:
The GOP is dangerous and pathetic.

The Democrats are dangerous and unAmerican.
------------------by Mortarman_1SG29 September 27, 2012 9:08 AM EDT


Why are they un-American?
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Rafterman11 replies:
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No, Mortar, your warped sense of the Constitution is something that both Dems and Repubs can agree on.

But even if so, that's pretty funny that to you, Repubs aren't un-American because they pretend to follow the Constitution.
hypnotoad72 replies:
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Both sides have individuals who are dangerous, un-American, etc.

Both sides also have individuals who are decent, American, etc.
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sjc_1 says:
We need independent groups running elections in ALL states. We need consistent rules enforced in ALL states when it comes to President, Senators and Representatives. The WHOLE country is affected by the decision those people make, SO it makes sense to have consistent rules enforced in ALL states....NOW!
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hypnotoad72 replies:
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AND no fettering from outside lobbying sources. Period.

All election money should come from a self-contained pool of tax money. No "contributions" from external sources allowed. To do that turns us from a republic or democracy into a plutocracy, oligarchy, corporatist, or other anti-American state.
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