The looming election crisis

The constitutional process for electing leaders in the United States may be taking a turn for the worse. The same may hold true for democracy on local and state levels, which has generally been a gentlemanly exercise in which losers concede defeat and pledge support, in spite of the irregularities that nearly always pop up.

If that spirit of respect for the process disappears, the world will have lost something precious. The United States must remain as a world leader in orderly and fair elections.

Election Day still is two weeks away, and already legal battles have begun. In Florida, seven lawsuits already are in the works. One suit in Ohio, involving what to do with provisional ballots that are cast in the wrong precincts, may be headed to the U.S. Supreme Court. Meanwhile, a new controversy has arisen concerning groups that are canvassing the country to register new voters. One, an Arizona-based company, has been accused of tossing away the registrations of people who signed up as Democrats in Nevada and Oregon. Allegedly, only the Republican registrations were turned in, and many people who think they are registered will show up on Nov. 2 and find themselves not listed on the rolls.

Another registration drive has been accused of registering underage teens and people with fictitious addresses, all in an effort to get more votes for Democrats.

The 2000 election set the standard for how litigation can overrun a constitutional election system. But early indications are that Americans haven't seen anything yet. Nov 2 may only be the beginning of the real 2004 election season.

Perhaps this is a natural consequence of having an evenly divided nation. That division extends well beyond the race for president. Take state legislatures, for example. In 21 of them, Republicans control both houses. Democrats control both in 17 states, but the houses are divided in 11. Only Nebraska, with only one nonpartisan legislative body, is above the fray. According to the National Conference of State Legislatures, a swing in only 60 state legislative seats nationwide (out of 7,382) could give Democrats back a majority of state houses.

The nation has been closely divided before, of course. In the late 19th century, the president was elected on two different occasions despite having lost the popular vote. But when it happened in 2000 the lawyers took over.

Perhaps we are a more litigious nation today than we were then, and this is merely another manifestation of that. The Constitution was carefully crafted to handle close presidential elections while protecting the rights of minority interests. But one cringes at the thought of what might happen if that constitutional process was taken to its limits — if no candidate received an Electoral College majority and the decision was sent to the House of Representatives. Lawsuits would erupt in every battleground state.

The free world still looks to the United States as the standard for freedom. But without a measure of civility and respect for the process, that reputation may suffer irreparably.