The US Electoral Process And The Electoral System, A Lesson For Nigeria Electoral Body

By Micheal Ibukun Odejayi,Esq.

Introduction

The United State Electoral System is one of the best in the world as it reflects the desire of the people in electing their representatives. The wishes of the people often manifest when the system is standard, with the exploitation and exposition of true democracy in practice. Historically, Americans have been innovators in the design of electoral systems and they have series of electoral methods and several vote counting methods. It should be noted that each States has the powers to control the affairs of their elections; however, they are guided by existing law.

Using the United States Presidential election as a case study, the road to being elected President of the United States begins by meeting eligibility requirements of citizenship, age, and residency, but a serious run for president usually begins years in advance of the campaign. Presidential candidates must obtain party support and often have gained experience and visibility by holding previous office at the state level. They must raise money for increasingly expensive campaigns and must plan their theme, hire staff, and organize support in key states. They must win primary elections and gain delegates to their national party convention. Finally, they must win the general election campaign, presently held every four years on the first Tuesday after the first Monday of November, and they must also win the majority of votes in the Electoral College. At noon on January 20 of the following year, the winner is sworn in as President of the United States[1].

Qualifications for Voting[2]

States require voters to be U.S. citizens. Traditionally voters also had to be at least 21 years old. This was based on an old Anglo-Saxon law that considered people adult at 21. The 26th Amendment to the Constitution, ratified (approved) by the states in 1971, officially lowered the voting age to 18 for all elections, state and federal. States also require various periods of residency before voting is permitted.

Until the 1960’s, some states required citizens to prove that they could read and write before voting. If an examiner decided a citizen could not read well enough, that citizen was denied the right to vote. In southern states, examiners used these literacy tests unfairly to deny most black people the right to vote. In 1965, Congress passed the Voting Rights Act, which suspended the use of most literacy tests, and several years later the tests were banned permanently.

Registering the Voters[3]

According to the 26th Amendment to the U.S. Constitution, any U.S. citizen age 18 or older may vote. (The only major exceptions are convicted criminals and the mentally incompetent.) But before a citizen can vote, he or she must register, or sign up, with the proper authorities (except in North Dakota). In many states registration takes place through the mail, usually on forms available from the local registrar of voters. In some other states, the person wishing to register must locate the proper public official and appear in person at the proper government office.

Registration laws vary from state to state. Typically the registration closing date, or deadline, is several weeks before an election day. In some states, citizens can register on the day of the election. If a citizen fails to register prior to the closing date, he or she will not be allowed to vote. Some states may require re-registration if a citizen fails to vote in every election, misses or certain number of elections, or changes address.

Electoral College

The Electoral College seems to be a method magical to a lay man, as the highest States won by the candidates does not determine the winner of a presidential election in the United States, but the winner is determined by the Electoral College.

The Electoral College was established as a compromise between election by direct popular vote and election by Congressional vote.[4]

In nearly every state, the candidate who gets the most votes wins the electoral votes for that state, and gets the number of voters in the Electoral College. The Electoral College, not the national popular vote that determines who wins the presidency.[5]

Hours of voting/counting

In the United States Electoral System, hours of voting are uniform and applied by each States, having the autonomy to conduct their presidential elections. It should be noted that we have the early voting and the introduction of mail voting.

The time period for early voting varies from state to state. The date on which early voting begins may be as early as 45 days before the election, or as late as the Friday before the election. The average starting time for early voting is 22 days before the election. Early voting typically ends just a few days before Election Day. Early voting periods range in length from four days to 45 days; the average length is 19 days. Of the states that allow early in-person voting, 24 and the District of Columbia allow some weekend early voting.[6]

Absentee and Mail Voting Policies of 2020

The United States of America introduced a new voting method due to the corona virus pandemic. Absentee Voting: In two-thirds of the states, any qualified voter may vote absentee without offering an excuse, and in one-third of the states, an excuse is required. Some states offer a permanent absentee ballot list: once a voter asks to be added to the list, s/he will automatically receive an absentee ballot for all future elections.

All-Mail Voting: In a handful of states, a ballot is automatically mailed to every eligible voter (no request or application is necessary). Polling places may also be available for voters who would like to vote in-person. Other states may permit the all-mail option for specific types of elections.

As for early in-person voting, it is available in four-fifths of the states. In these states, any qualified voter may cast a ballot in person during a designated period prior to Election Day.  Please see our page on State Laws Governing Early Voting.[7]

Possible Reforms to Nigerian Electoral System

Duration of voting

Critically by the provision of Section 47[8], this provided that “voting in any particular election under this Act shall take place on the date and time appointed by the commission throughout the Federation.” This implies that the hours of voting will be determined by the commission, which has the implication that some citizenry can be disenfranchised through the limited time provided by the commission.

Our electoral structure without any doubt is faulty and urgent attention must be done as to hours of elections with reference to the Presidential and Governorship election respectively. The commission should not determine the hours; rather it should be constitutionally constituted in order to have the backing and the wishes of the people to elect their right candidate.

In the 2019 presidential election in Nigeria, the Commission recorded about 84 Million registered voters.[9] However, due to the bureaucracy processes in the electoral system, such as; the use of card readers, accredited time, setting of the polling units, collection of relief materials, presence of security personal, amongst others, with all of these circumstances affects the duration for voting. Therefore, we have about twenty-eight million six hundred fourteen thousand one hundred ninety who were able to cast their votes.[10]

Using the United States of America electoral system, the voting period for president is two weeks, while the counting periods is two weeks as well, by implication, the voters are to exercise their franchise within the weeks provided, this automatically create the abeyance of franchise for the electorates without streaming their votes due to short hours of voting.

The Use of Electronic voting and early voting

The INEC[11] Boss, Prof. Yakubu explained the need for electronic voting. Professor Yakubu during the session said he is in support of diaspora voting and called on the National Assembly to amend the Electoral Act to accommodate Diaspora and early voting.[12]

This a good move by the Independent National Electoral Commission, however, the National Assembly should facilitate the urgency of passing these cogent factors to law, in order to improve our electoral system.

Conclusion

The Nigerian Electoral System from the inception of the Independent National Electoral Commission in 1999 can be said to have performed under fair level. The private bodies such as the media, human rights organizations, among others should cooperate with the electoral body. Importantly, the upper and the lower chambers are enjoined to work with various pressure groups in passing laws that will enhance the sustainability and the practices of democracy through a standard electoral system.

The uses of card readers, accredited exercises, among others are deadly to the duration of voting. The practicability of these exercises within fews hours without any doubt automatically disfranchises the citizenry from exercising their rights to votes. Hence, the need for the National Assembly to amend the Constitution is very urgent, on the duration or hours of voting, this should not be determined by the Commission, but ought to be properly constituted.

Hence, the presidential election should be extended and not to be done within 24 hours, in order for large participation of the electorates to elect their desired and preferred candidates.

[1] https://fl-pda.org/independent/courses/elementary/socialScience/section3/3e.htm. Accessed9th November,2020.

[2] https://www.scholastic.com/teachers/articles/teaching-content/electoral-process-united-states/. Accessed9th November,2020.

[3] ibid

[4] https://fl-pda.org/independent/courses/elementary/socialScience/section3/3e.htm. Accessed 9th November,2020

[5] Nytimes.com. Accessed 9^th November, 2020.

[6] https://www.ncsl.org/research/elections-and-campaigns/early-voting-in-state-elections.aspx. Accessed 10th  November, 2020.

[7] https://www.ncsl.org/research/elections-and-campaigns/absentee-and-early-voting.aspx. Accessed 10^th November, 2020.

[8] Electoral Act, 2010 (as amended 2015).

[9] https://www.pulse.ng/news/politics/2019-general-elections-nigeria-has-84-million-registered-voters-inec/xkpxsge. Accessed 10th November, 2020.

[10] https://en.wikipedia.org/wiki/2019_Nigerian_general_election. Accessed 10th November, 2020.

[11] Independent National Electoral Commission

[12] https://www.channelstv.com/2020/11/04/electronic-voting-may-be-introduced-for-anambra-election-next-year-says-inec-chairman/. Accessed 10th November, 2020.