LOCAL OFFICIALS HAVE long been able to manipulate election
results by deciding precisely when to hold referendums. But as the
state Supreme Court noted recently, manipulating who votes isn't the
only mischief officials engage in; they sometimes use the powers of
their offices to try to slant how their chosen voters vote.
In the case at hand, the high court struck down a half-percent
sales tax that was supposed to fund a local bus system because of
the way the question was worded and the way explanations were handed
out.
In a unanimous opinion, the high court said Charleston County
violated state law by putting a question on the ballot that was
clearly biased toward the answer officials were seeking. This wasn't
a close call: The question had a special heading, "Traffic
Congestion relief, safe roads and clean water for Charleston." A
three-paragraph description of how the county would use the $1.3
billion the tax would collect over 25 years was followed by these
instructions: "All qualified electors desiring to vote in favor of
the traffic congestion relief, safe roads, and clean water sales tax
for the stated purposes shall vote 'YES.' All qualified electors
opposed to the traffic congestion relief, safe roads, and clean
water sales tax for the stated purposes shall vote 'NO.'‘"
Most politicians would be embarrassed to admit even to putting
such slanted wording on a public opinion poll and trying to claim
that the results bore any relationship to the public's actual
opinion on the topic.
We would hope that most elected officials wouldn't even consider
putting such language on a ballot. But this wasn't something that
slipped by: The county election commission had tried to convince the
county council to switch to neutral wording; the council initially
agreed, then changed its mind.
The lesson here is straightforward, even if seeing that it is
followed may not be: Officials must take care to keep their opinions
to themselves when they write the words that go on the ballot.
A related issue involving explanations of ballot questions is
more easily addressed.
State law requires a special state commission to write
easy-to-understand explanations of proposals to amend the state
constitution, and allows election officials to make those available
to voters waiting in line. That can help speed up the process.
But while state law allows plain-English explanations of local
referendums to be printed on the ballot, it doesn't allow those
explanations to be passed out in the polling place. Some local
governments do it anyway, although apparently they don't always
stick to the same explanations as they use on the ballots.
Critics contended that Charleston County officials used even more
biased language for these legally suspect off-ballot explanations
than for the one on the ballot itself. The high court didn't rule on
that issue, having already thrown out the results on other grounds.
But it noted that providing any type of explanation in the polling
place -- and particularly biased explanations -- probably violated
the law, and it suggested the Legislature consider establishing some
guidelines.
That's good advice, which the Legislature would do well to
follow. We can't imagine why the off-ballot explanations should be
any different from those printed on the ballots, but we can clearly
see the need for making them available to voters while they're
waiting in line. It's a simple question of efficiency. And it
wouldn't hurt if a law allowing that also served to remind local
officials, yet again, that they mustn't toy around with the ballot
in order to manipulate the election results.