Into the Final Stretch: The Secretary of State’s Failure to Educate the California Public on How the Recall Works

One of the arguments of the Secretary of State in opposing the delay of the recall in the ACLU punch card suit (disclosure: I filed a brief supporting the ACLU in this case) was that the state would undertake a significant education effort about how to cast a valid vote using punch card ballots.
As a Los Angeles resident, I have not seen any evidence of this effort so far. But there is an even greater failure of the Secretary of State: failure to adequately educate the public on how the recall actually works. Consider this evidence from this San Jose Mercury News poll:

    Despite the intense media coverage of the recall, there is still significant confusion about the ballot, with 11 percent of voters saying they did not know they could vote against the recall and still cast a ballot for a replacement candidate.

I have been speaking to a lot of groups and individuals about the recall in the last few months, and my anecdotal experience matches this poll–in fact, I think the figure of those confused about at least one central aspect of the recall process is likely higher. As late as yesterday, I had a conversation with someone with a graduate degree who had been following the recall fairly closely but who did not understand the two-part nature of the ballot and how the parts are related.
Given that many people do not read the printed ballot pamphlet, the state should have spend money getting the message out in other ways, including television, so that voters know what to expect on Tuesday.

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