Re: Ballot Design Hogwash

Subject: Re: Ballot Design Hogwash
From: Dan Emory <danemory -at- primenet -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Fri, 10 Nov 2000 11:54:57 -0800

A

Granted that everything you say is true, how does any of it affect
the design issue? State law and the limits of the tabulating
equipment are constraints, but constraints are no reason for poor
design. Nor does the universality of a design affect its quality. As
for the lack of complaints beforehand, I think that many people on
this list can testify that a usability study in which informants
have no guidelines is unlikely to produce any answers, let alone any
useful answers.
===========================================
But you ignore the bureaucratic mind set that prevails in government
agencies, particularly when it comes to extremely sensitive things
like elections. Bureaucracies are assailed on all sides when they
do something new or novel. The safe thing to do is always to
bet on what is tried and true, and has legal precedent on its side.

No doubt a more user-friendly design would be possible, but it
would be different from what has passed legal scrutiny in the past.
I have no doubt whatsoever that a better ballot design would have
generated many complaints by voters because it was "different"
from what they're used to, and good ol' Jesse and his minions
would be down there demonstrating about that, and demanding
a re-vote. It's a no-win proposition.

Bureaucracy functions fairly well when it is dealing with
procedures that are being applied every day over a long period,
and improvements are made in tiny increments that do not
rock the boat.

But a major one-day activity that occurs only
once every 2 years such as an election is not bureaucracy's forte,
which explains the inevitable foul-ups that happen every election day
all over this country. Each time there is a change in the election
process resulting from new procedures or new methods of
vote tabulation, there is almost certain to be a foul-up.

It's not surprising, therefore, that state and county governments
are reluctant to change anything about the election process
unless it is absolutely needed, and is safe from legal challenge.

The butterfly ballot designed in Palm Beach is a perfect example
of that. It had been used before in many places in Florida and
elsewhere. The particular ballot design used in Palm Beach this
year was approved by the Florida Election Commission as being
conformant with state law. And, as I mentioned in my previous
posting on this subject, there were zero complaints about it
when it was submitted for scrutiny by the public and representatives
of the candidates. I doubt seriously whether a novel (and perhaps
better) design would have been approved by the election commission,
simply because its novelty would invite legal challenges.
====================
| Nullius in Verba |
====================
Dan Emory, Dan Emory & Associates
FrameMaker/FrameMaker+SGML Document Design & Database Publishing
Voice/Fax: 949-722-8971 E-Mail: danemory -at- primenet -dot- com
10044 Adams Ave. #208, Huntington Beach, CA 92646
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