There is great concern expressed by some about the integrity of our elections. They propose solutions that would make voting more difficult and would disenfranchise many voters who cannot find or afford to purchase the documents needed to comply.
I want to set out five (5) perspectives on voting in Kentucky, based on personal experience, that persuade me that our election system is safe and secure.
First, as a voter. I have been voting regularly since the late 1960’s. I have gone through the process each time of asserting and documenting my identity. I have voted on machines and on paper. I have never observed a problem with another voter being challenged inappropriately or not being allowed to vote.
Second, as a candidate. I have had my name on the ballot eight times in my life. It is a significant thing to do, a huge personal investment to make. Candidates monitor elections closely.
Third, as a party leader. I served as Chair of the Kenton County Democratic Party for eight years. Party leaders have great responsibility for their candidates receiving fairness in the electoral process. They monitor elections closely.
Fourth, as a poll worker. I have worked polls – those long 14-hour days – for many years. I have not only observed the process of voters qualifying themselves as legitimate voters – I have personally qualified thousands of voters over the years. I know the process. It assures safety and reliability in voting.
Fifth, as a member of the state Board of Elections. I was appointed to the Board last year by Gov. Andy Beshear. We manage elections in Kentucky, to assure that they are safe and reliable. We work with county clerks throughout the state to assure that outcome.
I want to address the current initiative of the Trump Administration’s Department of Justice (DOJ) to collect voters’ personal information across the country. It is widely believed that its purpose is to prune voters who look suspicious to it.
This development must be viewed in the context of the Constitution, which states very clearly that elections are in the province of the states. The federal government has no constitutional role in the electoral process.
DOJ is legally entitled to receive the same data that anyone is entitled to receive – name, address, age, party registration, and voting history.
Unfortunately, DOJ is also demanding social security numbers and drivers license numbers. This is citizens’ personal data. We are not authorized to release it to anybody. And DOJ is not entitled to receive it.
But that has not stopped it from trying – aggressively. It has sued 29 states and the District of Columbia to get this data, which the states have refused to provide.
Kentucky is one of those states. We were sued in federal court last week – we board members were sued personally – for not providing this data. We all agreed that DOJ is not entitled to this data.
I should mention here that the Board has eight members, appointed by the Governor – 4 Democrats and 4 Republicans. The Board is chaired by the Secretary of State, himself an elected Republican.
The nation’s experience following the 2020 election is illuminating. Over 60 court cases were filed in federal and state courts challenging the election results. Almost all were dismissed, by judges appointed by both Democrats and Republicans, for failure to state a claim, for lack of evidence, or lack of standing. No court found sufficient evidence to support fraud in the election.
And notwithstanding all of the above, we must remember that one group of Americans was not satisfied by these legal approaches, and attacked the capitol on January 6, to try to stop the normal course of presidential succession. Fortunately, our system prevailed.
I have perhaps an unusual set of perspectives on our electoral system. But having them, I am convinced that our elections are safe, secure, and fair. I have won and lost elections myself. I have supported winners and losers. And I have observed the process closely over time . All of those experiences support my conviction.
We are not in need of the radical proposals being offered by some, that would make voting more difficult and would disenfranchise many.
We should instead focus our efforts on increasing the numbers of voters.
Col Owens lives in Fort Mitchell. He is a retired legal aid attorney and law professor, author of Bending the Arc Toward Justice, longtime Democratic Party activist, and member of the Boards of Directors of Gateway Community and Technical College and the Kentucky Board of Elections. He is an occasional columnist for the NKyTribune.