Renowned playwright Tom Stoppard famously wrote, “It’s not the voting that’s democracy; it’s the counting.” His point is both pithy and insightful — without fair and accurate counting of votes, we can’t be sure every voter’s voice is heard. Transparency and election integrity is key to a truly democratic system. One need only ask “voters” in Venezuela’s recent sham of an election to know how true this is. The peaceful transfer of power, as we were sadly reminded on January 6th, requires trust in our voting systems.

To be clear, I share Virginia Attorney General Jason Miyares’ view that “Joe Biden won the 2020 presidential election, and there was no widespread voter fraud in Virginia or elsewhere in the country.” This fact, however, does not mean that we do not need to be ever vigilant in protecting our electoral systems going forward. This is why the Attorney General created an Election Integrity Unit despite his firm belief in the accuracy of our past elections.   

To be clear, I share Virginia Attorney General Jason Miyares’ view that “Joe Biden won the 2020 presidential election, and there was no widespread voter fraud in Virginia or elsewhere in the country.” This fact, however, does not mean that we do not need to be ever vigilant in protecting our electoral systems going forward. This is why the Attorney General created an Election Integrity Unit despite his firm belief in the accuracy of our past elections.   

Today’s electoral challenges are greater than ever. High voter participation, remote ballot boxes, mail in ballots, extended voting calendars, ballot harvesting, and massive undocumented immigration all make fraud or cheating easier. Couple this with the divisive and exaggerated rhetoric from both parties that their opponents are an “existential threat” or a “danger to democracy” and you have an electoral environment ripe for a win-at-all-cost mentality, including fraud.

This is why Governor Youngkin’s Executive Order 35 issued yesterday on comprehensive election security is so important. EO 35 requires strong ballot security, counting machine controls and testing, and up to date voter list maintenance. The core of EO 35 enshrines much of what the Youngkin Administration has put into place over the last two years:

·    100% paper ballots which provide a physical record of the voter’s intent;

·    Use of paper ballot counting machines, not voting machines;

·    Strict chain of custody for ballots with daily reconciliation during early voting;

·    Application required to receive a mail ballot – no mass mailing of ballots;

·    Counting machines tested prior to every election;

·    Counting machines not connected to the internet;

·    Drop boxes under 24/7 monitoring;

·    All persons registering to vote must provide their full 9-digit SSN, one of only 3 states in the nation to do so;

·    Daily updates of voter lists;

·    Removal of deceased voters, ineligible persons, individuals who cannot verify they are citizens, and individuals that have been identified as non-citizens from other DMV data.

The Executive order then requires referrals for illegal registrations and requires the Department of Elections to certify that the above election security measures were in place during the election.

Much of this seems common sense as we balance increasing ballot access (especially post COVID) with maintaining election security. Monitor ballot boxes, limit the mass distribution and harvesting of ballots, ensure accurate voter rolls by keeping them up to date, rely on paper ballots and ban any internet connection to vote counting machines.  

Of course, no system is failure proof. List maintenance alone adds complexity and can lead to errors — errors which some may blame on fraud. One need only reflect on the removal of eligible Virginia voters last October based on a mistake in voter data in the ELECT system having to do with how Virginia handles the restored voting rights of ex-felons.  

If we don’t want computers running our elections, then we must depend on people. At every step, election security requires people who will place the integrity of the process over their own desired political outcomes. It requires checks and balances over those officials provided by election monitors from both parties who oversee the entire vote counting process. As President Reagan would say, “trust but verify.” This is why the most important “election security” measure, one not listed in EO 35 but touted frequently by Governor Youngkin, is to sign up as election officers.  

When one participates in the process, witnessing the seriousness with which other election officers take this unique responsibility, seeing firsthand the checks and balances in place, and feeling the honor of being a trusted part of the process — faith in our elections grows. For the one-third of voters who believe our elections are not secure, sign up and see it up close.

Executive Order 35 builds on Virginia’s long history of free and fair elections and ensures election officials have the tools they need to keep our elections secure. 

Derrick Max is the President and CEO of the Thomas Jefferson Institute for Public Policy. He can be reached at DMax@thomasjeffersoninst.org.