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Election Day Voter
Registration in
New Mexico                           Executive Summary
                                        We have analyzed the likely impact on voter turnout should New
                                     Mexico adopt Same Day Registration (SDR). 1 Under the system
                                     proposed in New Mexico, eligible voters who miss the current
                                     28-day deadline for registering by mail may be able to register to
                                     vote during the state’s early voting period.2 The availability of Same
                                     Day Registration procedures should give voters who have not previ-
                                     ously registered the opportunity to vote. Consistent with existing
                                     research on the impact of SDR in the other states that use this
                                     process, we find that SDR would likely lead to substantial increases
                                     in voter turnout. We offer the following voter turnout estimates for
                                     New Mexico under SDR:3

                                          » Overall turnout could go up by 4.4 percent.
                                          » Turnout among those aged 18 to 25 could
                                            increase by 8.0 percent.
                                          » Turnout for those who have moved in the last
                                            six months could increase by 6.5 percent.

                                     Introduction
                                        The purpose of voter registration in the United States is to make
                                     sure that only eligible citizens vote. Voter registration also provides
                                     election officials with convenient lists they can use to notify voters
                                     about upcoming elections, as well as other information about elec-
                                     tions and voting. Lastly, when individuals enter a polling place, a
                                     voter registration list gives poll workers the information they need


Dēmos
                                     to authenticate voters before they cast ballots.

                                        At the same time, the process of voter registration imposes costs
A Network for Ideas & Action         on voters --- such as forcing voters to register well in advance of an
                                     election, which might involve a complicated process of determining
R. Michael Alvarez,
                                     where and how to register --- and these costs have been shown in
California Institute of Technology
                                     various studies to serve as barriers to many potential voters. In
Jonathan Nagler,                     New Mexico, eligible citizens who wish to register by mail must do
New York University                  so at least 28 days before the election. For some eligible citizens,
                                     especially those who have recently moved, requiring registration
                                     before Election Day might make it very difficult for them to cast

                           Demos Briefing Paper | Winter 2010
a ballot. Given that non-registered but otherwise eligible citizens are not on the lists that election officials or other
political groups use to mobilize voters, some non-registered eligible citizens may not be aware of an upcoming elec-
tion or about how and when they can register to vote.

   In the last few decades, the costs associated with voter registration have been the focus of significant federal
legislation. In 1993, the National Voter Registration Act (NVRA) required states to provide voter registration forms
in places where residents register their motor vehicles, and in other state agencies like public assistance offices.
Finally, NVRA required that states allow for mail-in voter registration. More recently, in 2002, the Help America
Vote Act (HAVA) attempted to significantly improve voter registration practices across the nation by requiring
states to develop computerized, statewide voter registries, and also requiring all states to adopt provisional voting.

   Currently, there are six states that have substantial experience allowing eligible citizens to register to vote on
Election Day: Idaho, Maine, Minnesota, New Hampshire, Wisconsin, and Wyoming.5 Three other states have more
recently adopted SDR or similar procedures - Iowa, Montana and North Carolina. The six states with substantial
experience with SDR have shown that it is an effective way to increase voter participation without complicating
election administration or leading to increased voter fraud. Research regarding the experiences of these six states
with SDR has shown that:

     » Voter participation is somewhere between 3 and 6 percentage points higher than were
       SDR not used in those states;
     » Citizens who have recently moved or are younger find it easier to register and vote;
     » Election administration, when SDR is thoughtfully implemented, can be improved and
       SDR does not undermine the Election Day experience of poll workers or voters;
     » And, there is no evidence that the prospects for election fraud are increased.6
   Thus, based on the previous experience of these states, previous research that we have conducted, academic
research on voter participation and Same Day Registration, and new research we present below, we believe that New
Mexico will have a positive experience with Same Day Registration, provided that it is appropriately implemented.
We estimate that turnout in the state could increase—possibly by 4.4 percent - - resulting in more than 61,000 new
voters in future presidential elections. Having more voters on the rolls, and allowing previously-registered voters to
use SDR to update their addresses will improve election administration and give election officials throughout the
state better information when they want to contact voters about upcoming elections and provide them with related
information. Finally, increasing voter participation should lead to a stronger democracy and a strengthened civic
culture in New Mexico.

   The analysis in this report and its voter turnout projections are based on the assumption that New Mexico would
implement SDR as it traditionally has been used, allowing eligible individuals to register and vote on Election Day.
Same-Day Registration systems that allow eligible individuals to register and vote only during the early voting
period, the method of Same Day Registration that we understand is now under consideration in New Mexico, is a
different process. It has primarily been used in one state, North Carolina, in just two election cycles (local elections
in 2007 and in the 2008 general election). Given this very limited experience, we cannot produce a similar analysis
of the likely impact of a North Carolina-style system of SDR on voter registration or turnout in New Mexico at this
time. That said, SDR during an extended early voting period is very similar to traditional Same-Day Registration.
We think the likely impact of the New Mexico SDR proposal on voter turnout should be similar to the likely impact
of SDR if it was also available on Election Day.

SDR, Registration and Turnout


                                                           2
Determining a voter’s eligibility before allowing them to cast a vote has a long history in the United States.
Studies of early American political history have shown that eligibility was determined by party observers at the
polling places, who could challenge a voter’s ability to participate in an election.7 Pre-election voter registration
practices began early in American history, but became widespread in the decades after the Civil War.8 IIn some
states voter registration requirements were part of an array of measures, including poll taxes and literacy tests,
that were used to disenfranchise segments of the potential electorate, including immigrants, the poor, and minori-
ties. Early registration practices were often quite restrictive themselves, for example, requiring annual or periodic,
in-person registration at a county office during weekday business hours.9

   Liberalization of voter registration laws began with the civil rights movement, culminating in the passage of the Voting
Rights Act (VRA) in 1965. The VRA eliminated many of the systematic barriers that made registration and voting diffi-
cult for poor and minority voters, and empowered the federal government to oversee the elimination of voting restric-
tions. Many states substantially reformed their registration and voting procedures after passage of the VRA.

   But even with these reforms in some states, many other states continued to use restrictive registration prac-
tices after the passage of the VRA. In particular, in many places, local election officials had substantial discretion
regarding the implementation of registration and voting procedures, and a patchwork quilt of registration practices
existed in many states and across the nation. Additionally, research by scholars showed that many voting and regis-
tration practices, particularly the practice of requiring registration well in advance of Election Day, substantially
reduced voter turnout.10 This led to the enactment of the National Voter Registration Act in 1993 (NVRA), which
sought to simplify the registration process and to improve the integrity of voter registries. Key to the NVRA was
an expansion of avenues by which a citizen could register to vote, including registration by mail, in Department
of Motor Vehicles offices, and in other state public assistance offices. NVRA also provided for new rules regarding
procedures for how voters could be removed from registration rolls.

   More recently, problems in the 2000 presidential election led to additional federal efforts to reform the voter
registration process. In 2002 the Help America Vote Act (HAVA) was passed, and HAVA included provisions
requiring that states centralize their voter registries, and that those voter registries be a “centralized, interactive
computerized statewide voter registration list defined, maintained, and administered at the State level” (HAVA
303(a)(1)(B)). HAVA also required that states implement “fail-safe”, or provisional voting procedures, if they did
not already have them, so that otherwise eligible citizens could cast a ballot rather than be disenfranchised due to
an error in a voter registry.

   The six, longstanding Same Day Registration states (Idaho, Maine, Minnesota, New Hampshire, Wisconsin and
Wyoming) have generally had higher rates of voter turnout than states that do not have SDR. In the 2004 presiden-
tial election, those six SDR states also had demonstrably higher levels of voter turnout. According to the official
voting statistics reported by secretaries of state and the U.S. Census Bureau estimates of state population, Same Day
Registration states had a voter turnout rate of 70.3 percent in 2004 while non-SDR states had a turnout rate of only
54.7 percent.11

   In the 2008 presidential election, the number of states using SDR or similar procedures swelled to nine. Analysis
of voter participation data collected and distributed by the United States Election Project has shown that participa-
tion in the nine SDR states in the 2008 presidential election averaged 69%, relative to an average of 62% participa-
tion in the non-SDR states.12

   Were New Mexico to implement the proposed Same Day Registration plan well, and the state experienced the
typical increase in voter turnout that other states have seen after implementation of SDR, voter participation could
increase substantially. Furthermore, voter participation might increase noticeably among sectors of the population



                                                             3
that typically vote at lower rates, such as newly relocated eligible citizens or young voters. Previous research has
shown that SDR often helps these voters. The next section of this report returns to this issue, and provides precise
estimates of SDR’s potential impact on registration and turnout in New Mexico.

EDR in New Mexico
   In the 2008 presidential election, New Mexico ranked 37th in terms of voter-eligible participation.13 To estimate
the potential impact of SDR, we turn to data from the U.S. Census Bureau’s Current Population Survey (CPS) for the
presidential elections of 1996, 2000, 2004, and 2008 and use a methodology similar to one that we have employed in
past research on voter turnout, discussed in the Technical Appendix below.14 In summary, we estimate a statistical
model predicting whether individual respondents in the 1996, 2000, 2004, and 2008 CPS report being registered
and whether they voted. In this estimation, we control for many factors, including the voter registration process
in the state. We control for the respondents’ age and level of education, whether or not respondents have moved
recently, their ethnic background, and whether or not they are a native-born citizen or have been recently natural-
ized. We then use these estimates to simulate what turnout would have been in New Mexico if New Mexico had
used Same Day Registration in these four elections, and we compute the number of additional voters New Mexico
would have had in the 2008 election with Same Day Registration.15

  Estimates of SDR’s potential effect on voter turnout in the presidential elections in New Mexico are provided in
Table 1.16 The analysis presented here predicts a 4.4 percent increase in voter turnout in future presidential elections
were New Mexico to adopt SDR.

  Our analysis suggests other substantial increases in voter turnout for those who might be most affected by SDR:

     » Turnout among those aged 18 to 25 could increase by 8.0 percent under SDR.
     » Turnout for those who have moved in the last six months could increase by 6.5 percent
       under SDR.
     » Over 36,000 additional low-income voters would go to the polls, compared to an addi-
       tional 24,000 voters in higher income ranges.17
     » Over 46,000 additional citizens who do not have college degrees would vote compared to
       almost 15,000 new voters with college degrees.
   Thus, those eligible citizens who are most typically affected by Same Day Registration in other states would also
be strongly affected in New Mexico.

Conclusion
   Over the last 35 years, one of the more consistent conclusions in the study of turnout has been that making the
registration and voting process easier will increase turnout among eligible voters.18 Our analysis of the impact of
SDR in New Mexico is merely another piece of evidence supporting this claim. By comparing voter turnout in states
with SDR and states without SDR, we have estimated the impact SDR would have in New Mexico. Adoption of
SDR could raise turnout by 4.4 percent according to our estimates; it could raise turnout substantially more among
groups such as young voters and voters who have moved in the period preceding the election.

   The trend in the United States has been to ease the barrier that registration places on voting by moving the dead-
line closer to Election Day. Moving towards Same Day Registration would ease that barrier for thousands of citizens
in New Mexico, and bring more participants into the democratic process.




                                                               4
Technical Appendix
   To estimate the impact of SDR in New Mexico we analyzed individual survey data collected by the Census
Bureau. Each month the Census Bureau surveys approximately 50,000 households in the Current Population
Survey. In even numbered years the November survey includes a battery of questions asking respondents whether
or not they were registered to vote, how they registered, and if they voted. The CPS is considered to be the “gold
standard” of datasets for analyzing individual-level factors affecting turnout, and turnout across states. The Census
Bureau has a higher response rate than any other survey and the sample size is large enough to draw statisti-
cally valid samples within a state. Whereas the typical media poll might have 1,500 respondents nationwide, the
November 2008 CPS included 859 respondents from New Mexico. And to increase our statistical power even more,
we pooled the CPS from the presidential elections of 1996, 2000, 2004, and 2008, giving us over 4400 respondents
from New Mexico, and over 278,000 respondents in total.

   Our model incorporates factors that have been shown in extensive research on voter turnout to be correlated
with an individual’s decision on whether or not to vote. We utilize categorical variables to indicate whether or not
the person is in one of six age groups: 18 to 25, 26 to 35, 36 to 45, 46 to 60, 61 to 75, or 76 to 84. We utilize categor-
ical variables for education placing the respondent as having less than a high school degree, a high school degree,
some college education, or a BA or beyond. For annual family income, we include brackets of less than $20,000,
between $20,000 and $40,000, between $40,000 and $60,000, and above $60,000. The respondent’s ethnicity is
measured as white non-Hispanic, black, Latino, or other. We also included variables indicating whether or not the
respondent was a naturalized citizen, and if so, whether they had come to the United States within 10 years of the
election or within 16 years of the election. We also included a variable for whether the respondent lives in an urban
or rural area. And we include a variable for whether or not the respondent moved in the six months prior to the
election.

   We include variables at the state level for the number of days before the election that registration closes and for
the presence of a competitive election. We include three categorical variables indicating the presence (or absence)
respectively of: a senate, gubernatorial, or presidential race within the state that was decided by a margin of 5
percent or less.

   To be able to determine the impact of SDR on particular groups of the population, and because we expect that
SDR will have larger effects on those who have the most difficulty meeting the burden of pre-election registration,
we include interaction terms between the availability of SDR, and the respondent’s age, education and income, as
well as whether or not the respondent had moved previously and whether the respondent was a native born citizen
or a naturalized citizen (and if so, whether recently immigrated or not).

   Given these specifications, we estimated the model on all respondents in the CPS for the presidential election
years of 1996, 2000, 2004, and 2008. And since we were estimating the model on multiple elections, to allow for
differences in turnout across the elections, we included year-dummy variables. Estimating the model gave us esti-
mates of the model parameters. We then compute the predicted probability of each respondent in our sample in
New Mexico voting under that current legal conditions—that is the state’s requirement that voters register well
before Election Day. We also compute the probability of each respondent in the sample in New Mexico voting
under the counterfactual condition that New Mexico had Same Day Registration available. By aggregating those
predicted probabilities over different sub-groups of interest, we are able to estimate the impact of SDR on any sub-
group within the population, or we can estimate the impact of SDR on all voting age persons in New Mexico.




                                                            5
Table 1: Simulated 2004 Turnout Increases in New Mexico under SDR
                                                                                Estimated Percentage Point                   Estimated Additional
                                                                                    Increase with SDR                           Votes with SDR
 Entire State                                                                              4.4                                      61,190
 Persons who have moved in the last 6 months                                               6.5                                      10,262
 Persons Age 18-25                                                                         8.0                                      15,477
 Persons Age 26-35                                                                         5.7                                      14,816
 Persons Age 36-45                                                                         4.0                                      11,967
 Persons Age 46-60                                                                         3.4                                      11,823
 Persons Age 61-75                                                                         2.3                                       5,138
 Persons Age 76-84                                                                         2.8                                       1,840
 Latinos                                                                                   4.6                                      23,049
 Whites (Non-Hispanic)                                                                     4.2                                      30,324

 Naturalized Citizens                                                                              3.9                              1,711

 Lower Income ($0-$20,000 household income)                                                        4.2                             17,018
 Middle Income ($20,000 - $40,000)                                                                 4.6                             19,930
 Upper Income ($40,000 - $60,000)                                                                  4.3                             10,567
 Top Income ($60,000 and above)                                                                    4.4                             13,676
 Rural                                                                                             4.2                             25,062
 Urban                                                                                             4.5                             36,137
 Persons with grade school education                                                               3.3                              7,489
 Persons who are high school graduates                                                             4.3                             19,066
 Persons with some college                                                                         4.8                             19,830
 College graduates                                                                                 4.7                             14,798

Source: Computed by authors, based on analysis of the Current Population Survey, U.S. Bureau of the Census, various years.




                                                                                 6
Endnotes
1. This report is similar to an analysis we produced for Demos on the impact of Election Day Registration (EDR) in Iowa, and borrows liberally
   from that report in the general discussion of the impact of voter registration laws. See R. Michael Alvarez & Jonathan Nagler, Election Day Voter
   Registration in Iowa, Demos: A Network for Ideas and Action, 2007, http://www.demos.org/pubs/updatedIOWA.pdf.

2. Current information on the process of voter registration in New Mexico can be found at http://New Mexico-elections.org/elections1/registertovote.
   html.

3. A ‘5 percent increase’ refers to an increase of 5 percentage points, or 5 percent of voting age population, not 5 percent of those already voting.
   Thus, an increase from 50 percent turnout to 55 percent turnout is referred to as a 5 percent increase.

4. How voter registration imposes costs on potential voters was originally researched by Raymond E. Wolfinger and Steven J. Rosenstone, Who
   Votes?, New Haven: Yale University Press, 1980.

5. North Dakota does not currently require voter registration. Iowa and Montana recently adopted Election Day Registration. North Carolina now
   permits individuals to register and vote at its in-person absentee voting sites, open from the end of the regular voter registration period to three
   days before Election Day.

6. See, for example, R. Michael Alvarez and Stephen Ansolabehere, “California Votes: The Promise of Election Day Registration”, Demos: A
   Network for Ideas and Action, 2002; R. Michael Alvarez, Jonathan Nagler and Catherine Wilson, “Making Voting Easier: Election Day
   Registration in New York”, Demos: A Network for Ideas and Action, 2004; M.J. Fenster, “The Impact of Allowing Day of Registration Voting
   on Turnout in U.S. Elections from 1960 to 1992,” American Politics Quarterly 22(1) (1994): 74-87; B. Highton, “Easy Registration and Voter
   Turnout,” The Journal of Politics 59 (2); Lorraine C. Minnite, An Analysis of Voter Fraud in The United States, Demos: A Network for Ideas
   and Action, 2004, http://www.demos.org/pubs/Analysis.pdf; Demos: A Network for Ideas and Action, Election Day Registration: A Ground
   Level View (2007), http://www.demos.org/pubs/EDR%20Clerks.pdf. (1997), 565-575; S. Knack, “Election-Day Registration: The Second Wave,”
   American Politics Quarterly 29(1) (2001), 65-78.

7. Richard Franklin Bensel, The American Ballot Box in the Mid-Nineteenth Century, New York, Cambridge University Press, 2004, pages 22-30, 90.

8. Alexander Keyssar, The Right to Vote: The Contested History of Democracy in the United States New York: Basic Books, 2001.

9. J. Morgan Kousser, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910, New Haven:
   Yale University Press, 1980.

10. Wolfinger and Rosenstone (1980).

11. Turnout figures are taken from the U.S. Census Bureau, 2007 Statistical Abstract of the United States, Table 408, available at http://www.census.
    gov/prod/2006pubs/07statab/election.pdf. These data are in turn based on reports of secretaries of states on votes cast for president and on
    Census Bureau estimates of state voting age population.

12. The data are from http://elections.gmu.edu/voter_turnout.htm; the calculations of average turnout in each set of states (excluding North Dakota)
    comes from Stuart Comstock-Gay, Steven Carbo, and Regina Eaton, “Voters Win With Election Day Registration;: Election Day Registration
    States Outpaced Others in Turnout by 7%” (http://www.demos.org/pubs/voterswin_09.pdf).

13. Data from http://elections.gmu.edu/voter_turnout.htm. All states were ranked by voting-eligible participation, computed as number of votes
    cast for president divided by number of citizens eligible to vote.

14. The analysis here differs from past reports we have done on the effects of same day registration in that here we utilize data from the four most
    recent presidential elections – 1996 thru 2008 – rather than data only from the most recent presidential election.

15. The reported registration and turnout rates in the CPS data differ from those found in the EAC’s Election Day Survey. The CPS data are based on
    surveys of households, and thus are affected by both sampling error and response error.

16. The authors provide estimates of the potential effect on voter registration of New Mexico’s move to SDR in the 2004 election in Table 2, using the
    same methodology as discussed in the text and in our technical appendix.

17. Here we define low income as respondents earning less than $40,000 per year, and high income as those earning $40,000 or above.

18. R.E. Wolfinger and S. J. Rosenstone, Who Votes? (New Haven: Yale University Press, 1980); J.E. Leighley and J. Nagler, “Individual and Systemic
    Influences on Turnout: Who Votes? 1984,” Journal of Politics, 54 (1992): 718–740




                                                                             7
Authors
Jonathan Nagler                                            R. Michael Alvarez
Professor, Department of Politics                          Professor of Political Science
New York University                                        Caltech/MIT Voting Technology Project
New York, NY 10012                                         California Institute of Technology
jonathan.nagler@nyu.edu                                    Pasadena, CA 91125
Tel: 212 992 9676                                          rma@hss.caltech.edu
                                                           Tel: 626-395-4089


Jonathan Nagler is Professor of Politics at New York       R. Michael Alvarez is currently a Professor of Political
University. Professor Nagler received his BA in            Science at the California Institute of Technology
Government from Harvard University in 1982, and            and a Senior Fellow at the USC Annenberg Center
his Ph.D. from the California Institute of Technology      for Communications. Alvarez is Co-Director of the
in 1989. He has been a visiting associate professor at     Caltech/MIT Voting Technology Project, which since
Caltech and Harvard, and has taught at the Summer          2000 has studied election administration and voting
Program, European Consortium for Political Research,       technologies in the U.S. and abroad, and which has
Essex University, England, and the Summer Program,         worked to translate those research studies into policy-
Inter-university Consortium for Political and Social       making efforts at all levels of government.
Research, University of Michigan, as well as the ESRC
Oxford Spring School in Quantitative Methods for
Social Research. Professor Nagler’s research focuses on
voting and elections.



About Dēmos
   Dēmos: A Network for Ideas & Action is a non-partisan public policy research and advocacy organization
committed to building an America that achieves its highest democratic ideals. We believe this requires a democ-
racy that is robust and inclusive, with high levels of electoral participation and civic engagement; an economy
where prosperity and opportunity are broadly shared and disparity is reduced; and a strong and effective public
sector with the capacity to plan for the future and provide for the common good. Founded in 2000, Dēmos’ work
combines research with advocacy—melding the commitment to ideas of a think tank with the organizing strategies
of an advocacy group. As with all Dēmos publications, the views expressed in this briefing paper do not necessarily
reflect the views of the Dēmos Board of Trustees.

                           Media inquiries: Timothy Rusch, Communications Director
                                      trusch@demos.org | (212) 389-1407

                                    220 Fifth Avenue, 5th fl., New York, NY 10001
                                         T. (212) 633.1405 F. (212) 633.2015
                                          info@demos.org | www.demos.org

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Election Day Voter Registration in New Mexico

  • 1. Election Day Voter Registration in New Mexico Executive Summary We have analyzed the likely impact on voter turnout should New Mexico adopt Same Day Registration (SDR). 1 Under the system proposed in New Mexico, eligible voters who miss the current 28-day deadline for registering by mail may be able to register to vote during the state’s early voting period.2 The availability of Same Day Registration procedures should give voters who have not previ- ously registered the opportunity to vote. Consistent with existing research on the impact of SDR in the other states that use this process, we find that SDR would likely lead to substantial increases in voter turnout. We offer the following voter turnout estimates for New Mexico under SDR:3 » Overall turnout could go up by 4.4 percent. » Turnout among those aged 18 to 25 could increase by 8.0 percent. » Turnout for those who have moved in the last six months could increase by 6.5 percent. Introduction The purpose of voter registration in the United States is to make sure that only eligible citizens vote. Voter registration also provides election officials with convenient lists they can use to notify voters about upcoming elections, as well as other information about elec- tions and voting. Lastly, when individuals enter a polling place, a voter registration list gives poll workers the information they need Dēmos to authenticate voters before they cast ballots. At the same time, the process of voter registration imposes costs A Network for Ideas & Action on voters --- such as forcing voters to register well in advance of an election, which might involve a complicated process of determining R. Michael Alvarez, where and how to register --- and these costs have been shown in California Institute of Technology various studies to serve as barriers to many potential voters. In Jonathan Nagler, New Mexico, eligible citizens who wish to register by mail must do New York University so at least 28 days before the election. For some eligible citizens, especially those who have recently moved, requiring registration before Election Day might make it very difficult for them to cast Demos Briefing Paper | Winter 2010
  • 2. a ballot. Given that non-registered but otherwise eligible citizens are not on the lists that election officials or other political groups use to mobilize voters, some non-registered eligible citizens may not be aware of an upcoming elec- tion or about how and when they can register to vote. In the last few decades, the costs associated with voter registration have been the focus of significant federal legislation. In 1993, the National Voter Registration Act (NVRA) required states to provide voter registration forms in places where residents register their motor vehicles, and in other state agencies like public assistance offices. Finally, NVRA required that states allow for mail-in voter registration. More recently, in 2002, the Help America Vote Act (HAVA) attempted to significantly improve voter registration practices across the nation by requiring states to develop computerized, statewide voter registries, and also requiring all states to adopt provisional voting. Currently, there are six states that have substantial experience allowing eligible citizens to register to vote on Election Day: Idaho, Maine, Minnesota, New Hampshire, Wisconsin, and Wyoming.5 Three other states have more recently adopted SDR or similar procedures - Iowa, Montana and North Carolina. The six states with substantial experience with SDR have shown that it is an effective way to increase voter participation without complicating election administration or leading to increased voter fraud. Research regarding the experiences of these six states with SDR has shown that: » Voter participation is somewhere between 3 and 6 percentage points higher than were SDR not used in those states; » Citizens who have recently moved or are younger find it easier to register and vote; » Election administration, when SDR is thoughtfully implemented, can be improved and SDR does not undermine the Election Day experience of poll workers or voters; » And, there is no evidence that the prospects for election fraud are increased.6 Thus, based on the previous experience of these states, previous research that we have conducted, academic research on voter participation and Same Day Registration, and new research we present below, we believe that New Mexico will have a positive experience with Same Day Registration, provided that it is appropriately implemented. We estimate that turnout in the state could increase—possibly by 4.4 percent - - resulting in more than 61,000 new voters in future presidential elections. Having more voters on the rolls, and allowing previously-registered voters to use SDR to update their addresses will improve election administration and give election officials throughout the state better information when they want to contact voters about upcoming elections and provide them with related information. Finally, increasing voter participation should lead to a stronger democracy and a strengthened civic culture in New Mexico. The analysis in this report and its voter turnout projections are based on the assumption that New Mexico would implement SDR as it traditionally has been used, allowing eligible individuals to register and vote on Election Day. Same-Day Registration systems that allow eligible individuals to register and vote only during the early voting period, the method of Same Day Registration that we understand is now under consideration in New Mexico, is a different process. It has primarily been used in one state, North Carolina, in just two election cycles (local elections in 2007 and in the 2008 general election). Given this very limited experience, we cannot produce a similar analysis of the likely impact of a North Carolina-style system of SDR on voter registration or turnout in New Mexico at this time. That said, SDR during an extended early voting period is very similar to traditional Same-Day Registration. We think the likely impact of the New Mexico SDR proposal on voter turnout should be similar to the likely impact of SDR if it was also available on Election Day. SDR, Registration and Turnout 2
  • 3. Determining a voter’s eligibility before allowing them to cast a vote has a long history in the United States. Studies of early American political history have shown that eligibility was determined by party observers at the polling places, who could challenge a voter’s ability to participate in an election.7 Pre-election voter registration practices began early in American history, but became widespread in the decades after the Civil War.8 IIn some states voter registration requirements were part of an array of measures, including poll taxes and literacy tests, that were used to disenfranchise segments of the potential electorate, including immigrants, the poor, and minori- ties. Early registration practices were often quite restrictive themselves, for example, requiring annual or periodic, in-person registration at a county office during weekday business hours.9 Liberalization of voter registration laws began with the civil rights movement, culminating in the passage of the Voting Rights Act (VRA) in 1965. The VRA eliminated many of the systematic barriers that made registration and voting diffi- cult for poor and minority voters, and empowered the federal government to oversee the elimination of voting restric- tions. Many states substantially reformed their registration and voting procedures after passage of the VRA. But even with these reforms in some states, many other states continued to use restrictive registration prac- tices after the passage of the VRA. In particular, in many places, local election officials had substantial discretion regarding the implementation of registration and voting procedures, and a patchwork quilt of registration practices existed in many states and across the nation. Additionally, research by scholars showed that many voting and regis- tration practices, particularly the practice of requiring registration well in advance of Election Day, substantially reduced voter turnout.10 This led to the enactment of the National Voter Registration Act in 1993 (NVRA), which sought to simplify the registration process and to improve the integrity of voter registries. Key to the NVRA was an expansion of avenues by which a citizen could register to vote, including registration by mail, in Department of Motor Vehicles offices, and in other state public assistance offices. NVRA also provided for new rules regarding procedures for how voters could be removed from registration rolls. More recently, problems in the 2000 presidential election led to additional federal efforts to reform the voter registration process. In 2002 the Help America Vote Act (HAVA) was passed, and HAVA included provisions requiring that states centralize their voter registries, and that those voter registries be a “centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level” (HAVA 303(a)(1)(B)). HAVA also required that states implement “fail-safe”, or provisional voting procedures, if they did not already have them, so that otherwise eligible citizens could cast a ballot rather than be disenfranchised due to an error in a voter registry. The six, longstanding Same Day Registration states (Idaho, Maine, Minnesota, New Hampshire, Wisconsin and Wyoming) have generally had higher rates of voter turnout than states that do not have SDR. In the 2004 presiden- tial election, those six SDR states also had demonstrably higher levels of voter turnout. According to the official voting statistics reported by secretaries of state and the U.S. Census Bureau estimates of state population, Same Day Registration states had a voter turnout rate of 70.3 percent in 2004 while non-SDR states had a turnout rate of only 54.7 percent.11 In the 2008 presidential election, the number of states using SDR or similar procedures swelled to nine. Analysis of voter participation data collected and distributed by the United States Election Project has shown that participa- tion in the nine SDR states in the 2008 presidential election averaged 69%, relative to an average of 62% participa- tion in the non-SDR states.12 Were New Mexico to implement the proposed Same Day Registration plan well, and the state experienced the typical increase in voter turnout that other states have seen after implementation of SDR, voter participation could increase substantially. Furthermore, voter participation might increase noticeably among sectors of the population 3
  • 4. that typically vote at lower rates, such as newly relocated eligible citizens or young voters. Previous research has shown that SDR often helps these voters. The next section of this report returns to this issue, and provides precise estimates of SDR’s potential impact on registration and turnout in New Mexico. EDR in New Mexico In the 2008 presidential election, New Mexico ranked 37th in terms of voter-eligible participation.13 To estimate the potential impact of SDR, we turn to data from the U.S. Census Bureau’s Current Population Survey (CPS) for the presidential elections of 1996, 2000, 2004, and 2008 and use a methodology similar to one that we have employed in past research on voter turnout, discussed in the Technical Appendix below.14 In summary, we estimate a statistical model predicting whether individual respondents in the 1996, 2000, 2004, and 2008 CPS report being registered and whether they voted. In this estimation, we control for many factors, including the voter registration process in the state. We control for the respondents’ age and level of education, whether or not respondents have moved recently, their ethnic background, and whether or not they are a native-born citizen or have been recently natural- ized. We then use these estimates to simulate what turnout would have been in New Mexico if New Mexico had used Same Day Registration in these four elections, and we compute the number of additional voters New Mexico would have had in the 2008 election with Same Day Registration.15 Estimates of SDR’s potential effect on voter turnout in the presidential elections in New Mexico are provided in Table 1.16 The analysis presented here predicts a 4.4 percent increase in voter turnout in future presidential elections were New Mexico to adopt SDR. Our analysis suggests other substantial increases in voter turnout for those who might be most affected by SDR: » Turnout among those aged 18 to 25 could increase by 8.0 percent under SDR. » Turnout for those who have moved in the last six months could increase by 6.5 percent under SDR. » Over 36,000 additional low-income voters would go to the polls, compared to an addi- tional 24,000 voters in higher income ranges.17 » Over 46,000 additional citizens who do not have college degrees would vote compared to almost 15,000 new voters with college degrees. Thus, those eligible citizens who are most typically affected by Same Day Registration in other states would also be strongly affected in New Mexico. Conclusion Over the last 35 years, one of the more consistent conclusions in the study of turnout has been that making the registration and voting process easier will increase turnout among eligible voters.18 Our analysis of the impact of SDR in New Mexico is merely another piece of evidence supporting this claim. By comparing voter turnout in states with SDR and states without SDR, we have estimated the impact SDR would have in New Mexico. Adoption of SDR could raise turnout by 4.4 percent according to our estimates; it could raise turnout substantially more among groups such as young voters and voters who have moved in the period preceding the election. The trend in the United States has been to ease the barrier that registration places on voting by moving the dead- line closer to Election Day. Moving towards Same Day Registration would ease that barrier for thousands of citizens in New Mexico, and bring more participants into the democratic process. 4
  • 5. Technical Appendix To estimate the impact of SDR in New Mexico we analyzed individual survey data collected by the Census Bureau. Each month the Census Bureau surveys approximately 50,000 households in the Current Population Survey. In even numbered years the November survey includes a battery of questions asking respondents whether or not they were registered to vote, how they registered, and if they voted. The CPS is considered to be the “gold standard” of datasets for analyzing individual-level factors affecting turnout, and turnout across states. The Census Bureau has a higher response rate than any other survey and the sample size is large enough to draw statisti- cally valid samples within a state. Whereas the typical media poll might have 1,500 respondents nationwide, the November 2008 CPS included 859 respondents from New Mexico. And to increase our statistical power even more, we pooled the CPS from the presidential elections of 1996, 2000, 2004, and 2008, giving us over 4400 respondents from New Mexico, and over 278,000 respondents in total. Our model incorporates factors that have been shown in extensive research on voter turnout to be correlated with an individual’s decision on whether or not to vote. We utilize categorical variables to indicate whether or not the person is in one of six age groups: 18 to 25, 26 to 35, 36 to 45, 46 to 60, 61 to 75, or 76 to 84. We utilize categor- ical variables for education placing the respondent as having less than a high school degree, a high school degree, some college education, or a BA or beyond. For annual family income, we include brackets of less than $20,000, between $20,000 and $40,000, between $40,000 and $60,000, and above $60,000. The respondent’s ethnicity is measured as white non-Hispanic, black, Latino, or other. We also included variables indicating whether or not the respondent was a naturalized citizen, and if so, whether they had come to the United States within 10 years of the election or within 16 years of the election. We also included a variable for whether the respondent lives in an urban or rural area. And we include a variable for whether or not the respondent moved in the six months prior to the election. We include variables at the state level for the number of days before the election that registration closes and for the presence of a competitive election. We include three categorical variables indicating the presence (or absence) respectively of: a senate, gubernatorial, or presidential race within the state that was decided by a margin of 5 percent or less. To be able to determine the impact of SDR on particular groups of the population, and because we expect that SDR will have larger effects on those who have the most difficulty meeting the burden of pre-election registration, we include interaction terms between the availability of SDR, and the respondent’s age, education and income, as well as whether or not the respondent had moved previously and whether the respondent was a native born citizen or a naturalized citizen (and if so, whether recently immigrated or not). Given these specifications, we estimated the model on all respondents in the CPS for the presidential election years of 1996, 2000, 2004, and 2008. And since we were estimating the model on multiple elections, to allow for differences in turnout across the elections, we included year-dummy variables. Estimating the model gave us esti- mates of the model parameters. We then compute the predicted probability of each respondent in our sample in New Mexico voting under that current legal conditions—that is the state’s requirement that voters register well before Election Day. We also compute the probability of each respondent in the sample in New Mexico voting under the counterfactual condition that New Mexico had Same Day Registration available. By aggregating those predicted probabilities over different sub-groups of interest, we are able to estimate the impact of SDR on any sub- group within the population, or we can estimate the impact of SDR on all voting age persons in New Mexico. 5
  • 6. Table 1: Simulated 2004 Turnout Increases in New Mexico under SDR Estimated Percentage Point Estimated Additional Increase with SDR Votes with SDR Entire State 4.4 61,190 Persons who have moved in the last 6 months 6.5 10,262 Persons Age 18-25 8.0 15,477 Persons Age 26-35 5.7 14,816 Persons Age 36-45 4.0 11,967 Persons Age 46-60 3.4 11,823 Persons Age 61-75 2.3 5,138 Persons Age 76-84 2.8 1,840 Latinos 4.6 23,049 Whites (Non-Hispanic) 4.2 30,324 Naturalized Citizens 3.9 1,711 Lower Income ($0-$20,000 household income) 4.2 17,018 Middle Income ($20,000 - $40,000) 4.6 19,930 Upper Income ($40,000 - $60,000) 4.3 10,567 Top Income ($60,000 and above) 4.4 13,676 Rural 4.2 25,062 Urban 4.5 36,137 Persons with grade school education 3.3 7,489 Persons who are high school graduates 4.3 19,066 Persons with some college 4.8 19,830 College graduates 4.7 14,798 Source: Computed by authors, based on analysis of the Current Population Survey, U.S. Bureau of the Census, various years. 6
  • 7. Endnotes 1. This report is similar to an analysis we produced for Demos on the impact of Election Day Registration (EDR) in Iowa, and borrows liberally from that report in the general discussion of the impact of voter registration laws. See R. Michael Alvarez & Jonathan Nagler, Election Day Voter Registration in Iowa, Demos: A Network for Ideas and Action, 2007, http://www.demos.org/pubs/updatedIOWA.pdf. 2. Current information on the process of voter registration in New Mexico can be found at http://New Mexico-elections.org/elections1/registertovote. html. 3. A ‘5 percent increase’ refers to an increase of 5 percentage points, or 5 percent of voting age population, not 5 percent of those already voting. Thus, an increase from 50 percent turnout to 55 percent turnout is referred to as a 5 percent increase. 4. How voter registration imposes costs on potential voters was originally researched by Raymond E. Wolfinger and Steven J. Rosenstone, Who Votes?, New Haven: Yale University Press, 1980. 5. North Dakota does not currently require voter registration. Iowa and Montana recently adopted Election Day Registration. North Carolina now permits individuals to register and vote at its in-person absentee voting sites, open from the end of the regular voter registration period to three days before Election Day. 6. See, for example, R. Michael Alvarez and Stephen Ansolabehere, “California Votes: The Promise of Election Day Registration”, Demos: A Network for Ideas and Action, 2002; R. Michael Alvarez, Jonathan Nagler and Catherine Wilson, “Making Voting Easier: Election Day Registration in New York”, Demos: A Network for Ideas and Action, 2004; M.J. Fenster, “The Impact of Allowing Day of Registration Voting on Turnout in U.S. Elections from 1960 to 1992,” American Politics Quarterly 22(1) (1994): 74-87; B. Highton, “Easy Registration and Voter Turnout,” The Journal of Politics 59 (2); Lorraine C. Minnite, An Analysis of Voter Fraud in The United States, Demos: A Network for Ideas and Action, 2004, http://www.demos.org/pubs/Analysis.pdf; Demos: A Network for Ideas and Action, Election Day Registration: A Ground Level View (2007), http://www.demos.org/pubs/EDR%20Clerks.pdf. (1997), 565-575; S. Knack, “Election-Day Registration: The Second Wave,” American Politics Quarterly 29(1) (2001), 65-78. 7. Richard Franklin Bensel, The American Ballot Box in the Mid-Nineteenth Century, New York, Cambridge University Press, 2004, pages 22-30, 90. 8. Alexander Keyssar, The Right to Vote: The Contested History of Democracy in the United States New York: Basic Books, 2001. 9. J. Morgan Kousser, The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910, New Haven: Yale University Press, 1980. 10. Wolfinger and Rosenstone (1980). 11. Turnout figures are taken from the U.S. Census Bureau, 2007 Statistical Abstract of the United States, Table 408, available at http://www.census. gov/prod/2006pubs/07statab/election.pdf. These data are in turn based on reports of secretaries of states on votes cast for president and on Census Bureau estimates of state voting age population. 12. The data are from http://elections.gmu.edu/voter_turnout.htm; the calculations of average turnout in each set of states (excluding North Dakota) comes from Stuart Comstock-Gay, Steven Carbo, and Regina Eaton, “Voters Win With Election Day Registration;: Election Day Registration States Outpaced Others in Turnout by 7%” (http://www.demos.org/pubs/voterswin_09.pdf). 13. Data from http://elections.gmu.edu/voter_turnout.htm. All states were ranked by voting-eligible participation, computed as number of votes cast for president divided by number of citizens eligible to vote. 14. The analysis here differs from past reports we have done on the effects of same day registration in that here we utilize data from the four most recent presidential elections – 1996 thru 2008 – rather than data only from the most recent presidential election. 15. The reported registration and turnout rates in the CPS data differ from those found in the EAC’s Election Day Survey. The CPS data are based on surveys of households, and thus are affected by both sampling error and response error. 16. The authors provide estimates of the potential effect on voter registration of New Mexico’s move to SDR in the 2004 election in Table 2, using the same methodology as discussed in the text and in our technical appendix. 17. Here we define low income as respondents earning less than $40,000 per year, and high income as those earning $40,000 or above. 18. R.E. Wolfinger and S. J. Rosenstone, Who Votes? (New Haven: Yale University Press, 1980); J.E. Leighley and J. Nagler, “Individual and Systemic Influences on Turnout: Who Votes? 1984,” Journal of Politics, 54 (1992): 718–740 7
  • 8. Authors Jonathan Nagler R. Michael Alvarez Professor, Department of Politics Professor of Political Science New York University Caltech/MIT Voting Technology Project New York, NY 10012 California Institute of Technology jonathan.nagler@nyu.edu Pasadena, CA 91125 Tel: 212 992 9676 rma@hss.caltech.edu Tel: 626-395-4089 Jonathan Nagler is Professor of Politics at New York R. Michael Alvarez is currently a Professor of Political University. Professor Nagler received his BA in Science at the California Institute of Technology Government from Harvard University in 1982, and and a Senior Fellow at the USC Annenberg Center his Ph.D. from the California Institute of Technology for Communications. Alvarez is Co-Director of the in 1989. He has been a visiting associate professor at Caltech/MIT Voting Technology Project, which since Caltech and Harvard, and has taught at the Summer 2000 has studied election administration and voting Program, European Consortium for Political Research, technologies in the U.S. and abroad, and which has Essex University, England, and the Summer Program, worked to translate those research studies into policy- Inter-university Consortium for Political and Social making efforts at all levels of government. Research, University of Michigan, as well as the ESRC Oxford Spring School in Quantitative Methods for Social Research. Professor Nagler’s research focuses on voting and elections. About Dēmos Dēmos: A Network for Ideas & Action is a non-partisan public policy research and advocacy organization committed to building an America that achieves its highest democratic ideals. We believe this requires a democ- racy that is robust and inclusive, with high levels of electoral participation and civic engagement; an economy where prosperity and opportunity are broadly shared and disparity is reduced; and a strong and effective public sector with the capacity to plan for the future and provide for the common good. Founded in 2000, Dēmos’ work combines research with advocacy—melding the commitment to ideas of a think tank with the organizing strategies of an advocacy group. As with all Dēmos publications, the views expressed in this briefing paper do not necessarily reflect the views of the Dēmos Board of Trustees. Media inquiries: Timothy Rusch, Communications Director trusch@demos.org | (212) 389-1407 220 Fifth Avenue, 5th fl., New York, NY 10001 T. (212) 633.1405 F. (212) 633.2015 info@demos.org | www.demos.org