HONOLULU — Many voters in Maui, like Joshua Kamalo, recognized that the upcoming November election encompassed more than just the presidential race; it also highlighted a critical contest for a local governing board. Kamalo took the initiative to cast his vote well in advance, submitting his ballot two weeks prior to Election Day. However, he soon received a troubling letter from the county stating that his signature on the return envelope could not be verified, casting doubt on the validity of his vote.
Kamalo wasn’t alone in facing this situation. Two of his colleagues from the biodiesel company he works at experienced the same issue, as did his daughter. The county’s explanation was consistent: their signatures did not align with the official records on file. “I don’t know how they fix that, but I don’t think it’s right,” commented Kamalo, the truck driver who navigated heavy traffic and limited parking to affirm the authenticity of his signature in person.
He noted that if the race for the South Maui council seat hadn’t been so competitive, he might not have bothered to address the issue. The co-founder of his employer, Pacific Biodiesel, was a candidate in that close contest and ended up losing.
This incident is part of a larger issue affecting voters as mail-in voting continues to gain traction across the United States. With more states adopting measures to distribute ballots by mail to all registered voters, the process of matching signatures on returned envelopes to official records can be labor-intensive. This can lead to significant numbers of ballots being rejected due to mismatched signatures. If a voter fails to correct the discrepancy in a timely manner, their vote will not be counted.
A noted expert on elections, Larry Norden from the Brennan Center for Justice, pointed out that while there has been a notable shift toward mail voting, the consequences of this change may not be clear to many voters. He stressed the necessity for states and localities to implement effective measures to ensure that eligible mail ballot voters are not unjustly disenfranchised.
The surge in mail-in voting began in earnest during the 2020 election, as a response to the COVID-19 pandemic. Presently, eight jurisdictions, including the District of Columbia, practice universal mail voting, delivering ballots automatically to all active registered voters unless they choose to opt out.
Additionally, over 30 states have made it mandatory for election officials to inform voters when there are issues with their mail ballots, allowing them a chance to rectify the situation. However, some voters have expressed frustration with the limited time frame available for such corrections.
In Nevada, a crucial swing state, mail ballots are sent to all registered voters, with around 9,000 ballots being rejected in the past November election mainly due to signature discrepancies. Although this did not alter the outcome of the presidential election, which Trump won by a margin of 46,000 votes, it raised concerns regarding close down-ballot races, notably in Clark County, where some critical positions were won by mere hundreds of votes, including a remarkably narrow victory in the North Las Vegas City Council race, decided by just nine votes.
Sondra Cosgrove, a history professor and executive director of Vote Nevada, remarked on the ongoing signature verification challenges since the implementation of universal mail balloting during the pandemic, emphasizing that the situation seems to be deteriorating. She referred to the rising issue as a crisis that urgently needs resolution.
The implications of signature verification on tightly contested elections have spurred voting rights advocates in Nevada to demand a thorough review of the verification protocols. Christian Solomon, state director of the youth-led civic engagement organization Rise Nevada, called for more accessible voting methods that ensure ballots are counted promptly, especially in close races where the outcome could hinge on just a handful of votes.
In a step towards addressing these problems, Nevada voters passed a constitutional amendment by a significant majority in November, which will require voters to present an ID when voting. This ID, alongside a signature, will be necessary for those voting by mail, though the amendment will need voter approval again in two years to take effect.
Dave Gibbs, the president of Repair the Vote PAC, which advocated for the amendment, expressed that the initiative was inspired by a similar law enacted in Georgia. This law eliminated the signature verification process in favor of requiring voters to include their driver’s license or state ID number when returning mail-in ballots. Most voting in Georgia is conducted early and in-person.
Critics argue that such ID requirements may impose undue burdens on voters in states like Hawaii, where mail-in voting comprises the majority of election participation.
Additionally, the numerous rejected ballots in Maui have led to a lawsuit contesting the results of the local county council election, in which the winning margin was just 97 votes. The lawsuit claims that hundreds of ballots were dismissed wrongly based on alleged signature mismatches. Attorney Lance Collins, representing the challengers, asserts that declarations from six voters indicated their signatures were improperly identified as deficient.
Collins emphasized that under state administrative rules, a returned ballot should be presumed valid and counted unless there is clear evidence to suggest otherwise. He further noted that Maui’s rejection rate is considerably higher than the national average.
However, Maui County’s attorneys contended that their signature verification practices were compliant with legal standards. Ultimately, on December 24, the state Supreme Court unanimously upheld that the election procedures were proper and affirmed the election of Tom Cook as the winner. The court noted that voters received adequate notice and opportunity to resolve any deficiencies related to their ballot signatures.
Despite the court’s ruling, numerous residents in Maui have recounted similar encounters regarding signature discrepancies. Grace Min, a resident not involved in the lawsuit, also received a notification about her ballot signature not matching. “It’s quite strange that my ballot signature would not have matched my signature,” she expressed.
Min had kept a close eye on the contentious county council race and was eager for her vote to count. After confirming her identity through an affidavit, she still questioned the fairness of the verification process and the short timeline provided for rectifying any issues. “I suspect there may have been others who didn’t manage to fix their signatures,” Min remarked, “and that seems unjust.”
