Op-ed column: A real choice

By David Schlosser, candidate for U.S. Congress

Week of 21st June 2006

 

In ninety percent or more of America's legislative races, voters have no
real choices.  When they established our representative democracy, America's
founders never envisioned this virtually complete absence of political
competition.  Voters respond by staying away from polling places in droves
on Election Day, asking the logical question: "If I can do nothing to
influence the outcome of this election, why bother to vote?"

 

One very simple reform can answer that question.  Adding the option of "none
of the above" (NOTA) would immediately restore the ability of voters to
influence an election by withholding their consent to be governed by
candidates they do not trust to represent them.  Since our political system
emerges from the idea that our representatives govern with the consent of
the governed, NOTA would give real meaning to elections which mandate that
voters must do nothing in order to express their displeasure with their
choices - or, more to the point, their lack of choices.  Ralph Nader
described the tragic outcome of this bizarre situation: "You stay home in
order to protest and when you stay home you do not count nor can you send a
message that has any effect nor can you set in motion any changes."

 

Although supporters can detail a variety of different methods for making
NOTA work, the basic implementation is simple.  Voters would have the option
of choosing a candidate for a particular office or choosing "none of the
above."  If NOTA receives the most votes for an office, election officials
would hold special elections until a new candidate earns the consent of the
governed, or that office would remain unfilled and unfunded until voters
choose a candidate in the next regular election.  Typically, candidates
defeated by NOTA cannot run in those subsequent special elections, but can
stand for office in the next regular election.

 

John Murray of the Washington State Campaign for Democracy believes that
NOTA "provides a way to tally an explicit protest vote. It gives citizens a
veto and a real choice. They no longer are stuck having to select the lesser
of two evils. They do not have to pick from a slate of the unworthy, the
unknown, and the unopposed. They can veto all the candidates presented to
them and demand a new election with better candidates."

 

The mere concept of permitting citizens to exercise that kind of influence
over their rulers terrifies the incumbent politicians from both major
parties.  In states as diverse as Arizona, Colorado, Michigan, Ohio,
Pennsylvania, and Wyoming, supporters who managed to get NOTA introduced as
legislation have suffered defeat at the hands of Republicans and Democrats
who prefer gerrymandered and race-based districts that effectively guarantee
reelection.  Only in Nevada do voters have an opportunity to express their
true preferences, yet - because the NOTA option in Nevada is non-binding and
applies only to statewide races - they do not have an actual choice.

 

While the United States has never tried a binding NOTA option, except in
some states' judicial retention elections, parliamentary governments around
the world are subject to a rough equivalent in their votes of no confidence.
The Soviet Union and Eastern European states used NOTA to help defeat
traditionally unopposed communist candidates.  Boris Yeltsin declared that
the Soviet version of NOTA "helped convince the people they had real power
even in a rigged election and played a role in building true democracy."

 

Interestingly, the only people who seem to really dislike the concept are
the politicians who would be subject to its ability to remove them from
office.  Among liberal and progressive leaders, The Nation magazine, the
Boston Globe and Nader endorse NOTA.  Conservative and libertarian
supporters include The Wall Street Journal and the Manchester Union-Leader.


 

Elections officials across the country are desperate to bring voters
represented by that spectrum of opinion to voting places on Election Day.
Despite advance voting, extended voting, permanent absentee voting, mail
balloting, laws to encourage accountability in campaigns, laws to discourage
negative campaigns, and laws to publicly fund elections, voter turnout
continues its steady decline.  But, as the great sage Yogi Berra once
remarked, "if people don't want to come to the ballpark, how are you gonna
stop them?"  Voters are not too busy or uninterested to vote.  They prefer
none of the above, but have no mechanism other than abandoning their civic
obligations to vote in order to withhold their consent.

 

Allowing voters to choose "none of the above," rather than forcing them not
to vote, would give politicians a powerful incentive to actually run for
office, rather than using attack ads and smear campaigns to convince
citizens not to vote for their opponents.  This would improve the quality of
debate in elections from city council to president, giving voters the option
to make better choices - even in races where candidates are running without
opposition.  When NOTA earns a substantial percentage of the vote without
forcing another election, it would signal a weak incumbent who would have to
improve his or her performance and who would likely face a strong opponent
in future elections.  NOTA should make elections more meaningful to
Americans, since they would not have to vote for a presumed losing
candidate, with whom they really do not agree, just to register their
protest or withhold their consent.  And, special interests that now spread
their largesse across all candidates to guarantee post-election access could
no longer expect that their money went to a winner, which would make the
wisdom of lavishly financing incumbents a more uncertain scheme.

 

The failure to include NOTA requires silence from those who do not consent
to representation by the candidates on their ballot - something never
imagined by our country's founders, who made the right of free speech number
one on their Bill of Rights.  Ultimately, NOTA returns the power in the
electoral process to voters, where it belongs.

 



[Non-text portions of this message have been removed]



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