By Laura Fitzpatrick
It's a quadrennial issue. Every presidential election finds college
students wading through a swamp of murky laws and logistical hurdles to
get into the polling booths. But this year, amid record interest — and
primary turnout — among college students, experts say many campus
precincts are sorely unprepared to meet student demand. And laws passed
after the 2004 election, ostensibly to clamp down on voter fraud, could
cause a slew of new problems that disproportionately hit student
voters. Which means the question in 2008 isn't will the young voters
deliver. "It's can the young voters deliver?," says Matthew Segal, executive director of the Student Association for Voter Empowerment.
The most glaring problems come from lack of preparation. Segal
fears not much has changed since, as a freshman at Kenyon College in
closely contested Ohio in 2004, he manned the 10-hour polling lines on
campus, dispensing water, pizza and umbrellas to the stalwarts who
stuck around in the rain to cast their votes. To him, the inadequate
planning was obvious: registration had surged since 2000, he notes, but
the campus precinct had been allocated no additional voting machines.
That left two machines for 1,300 voters. "The media angle was, aren't
these young kids heroic to have stood in line all day," he says.
"Rather than, there's something inherently wrong in the first place."
Kenyon has now upped its number of voting machines to 10, but other
precincts admit they're still basing their Election Day plans on where
the voting rolls stood in August, long before student voter drives even
started, let alone achieved record successes. To accommodate the
swollen voting rolls, many understaffed offices will have to hire temps
or new employees who are less familiar with standard procedures and may
be more prone to making mistakes.
Because local officials have wide latitude in interpreting election
laws that vary from state to state, misunderstandings — or
misinformation — could have a greater impact this year, given the
anticipated bulge in student turnout. Most of the trouble comes from
nailing down where college students should be counted as residents if
they go to school in one state but go home to another on holidays. The
Supreme Court's position is clear: a 1979 ruling found that all
students have the right to vote where they attend college. But local
officials often make students travel a rocky road. In recent months,
registrars in counties including Montgomery, Va. (home to Virginia
Tech), Greenville, S.C. (Furman University) and most recently El Paso,
Colo. (Colorado College), issued warnings that were off-putting if not
outright alarming: students who register in their college town could be
ineligible to be claimed as dependents on their parents' tax returns
and might be in danger of losing tuition scholarships. The problem,
according to youth voter advocates and the IRS, is that these dire
warnings are incorrect. After widespread outrage, the registrars backed
off. But experts worry that the resulting confusion could sour
first-timers on voting altogether. "It's creating somewhat of a
chilling effect," says Steve Fenberg, executive director of the youth
civic action group New Era Colorado.
Legal misunderstandings are one thing, but some registrars seem to
make political decisions about whether students get to vote locally. In
Virginia, for example, where the law stipulates that voters must
establish "domicile" in their precincts to register but never defines
that term, youth voter advocates say it's no accident that registrars'
rulings are often strictest in small towns where students could
potentially swing a local election. In 2004, after a voter drive
registered 2,000 William and Mary students in Williamsburg — home to
fewer than 12,000 residents — the local registrar announced that
students no longer had domicile and could not vote there. "If you're a
homeless person, you're allowed to write down the landmarks that you
live around," says Zach Pilchen, President of College Democrats at
William and Mary, pointing to a space on Virginia's form reserved for
that purpose. "But you can't register from a dormitory." Win Sowder,
who took over as Williamsburg's registrar in 2007, says her office no
longer asks about domicile or restricts student voting.
Ironically, since the last election several states that have passed
laws intended to restore public confidence in the election process
could end up excluding a lot of first-time student voters. Last May,
for example, during Indiana's Democratic primary, Melanie Meentz, now
19, arrived as a freshman at the polling place at St. Mary's College
with what seemed like documents aplenty: her approved voter
registration card for St. Joseph county, where St. Mary's is located,
along with her school photo ID, social security card and driver's
license from Illinois, where she grew up. But under a 2005 Indiana law
— upheld this April in a Supreme Court decision that has rankled voter
advocates more than anything else since Bush v. Gore — she was refused
a ballot because she did not have an in-state ID. And without so much
as an explanation of her options, such as a provisional or absentee
ballot, poll workers sent her home. "That would have been the first
time that I would have voted," says Meentz. "I'm still upset about it."
Strict ID laws passed since 2004 — including one that prompted the
U.S. Student Association and the ACLU to sue top officials in Michigan
on Sept. 18, one the Department of Justice has challenged in Georgia,
and similar statutes in Arizona and Florida — fall harder on students
than on most voters because so many study out of state. A Rock the Vote
poll in February found that 19% of people aged 18-30 don't have a
government ID that reflects their current address. And while some
states such as Ohio will accept alternative ID in the form of a utility
bill, producing one is a tall order for students, who tend to live in
dorms, paying for utilities that get folded into board fees. The
president of Oberlin has issued utility bills for $0 to every student
to allow them to fulfill local residency requirements, and he is urging
other schools to do the same. But elsewhere, many students are stuck.
Youth advocates say they will focus on putting out fires until
after Election Day. Once the hyper-partisanship has ebbed, they will
start a more aggressive push — kicked off by a hearing in front of the
House Administration committee on Sept. 25 — for their long-term
legislative goals, which include facilitating student voter
registrations both on Election Day and far in advance of it through
high school civics classes, as well as more consistent guidelines to
help registrars do their jobs and ensure that students get to vote.
Says Sujatha Jahagirdar, program director of the Student Public
Interest Research Group's New Voters Project, "It's a civil rights
issue."
For now, some young voters are left feeling that in the election
meant to be their civic coming-out party, whether or not they can make
themselves heard is out of their control. Pilchen recalls watching
Defense Secretary Robert Gates give a speech at William and Mary in
2007, when students were still licking their wounds from the domicile
controversy. "He was expressing outrage about the fact that so many
young people don't vote," Pilchen recalls. "Students were trying to
vote forever, and they were just being blocked at every turn."