Recently we discussed the distinction between integrity and confidence. From Aspen we have a discussion of the value of anonymous ballots and the meaning of the secret ballot. What voting free from coercion requires is the secret casting of ballots and the ongoing safeguarding of those ballots along with the anonymity of the voter associated with each ballot <read>
Before 1947, Colorado ballots were marked with unique numbers and were not anonymous. Voters might mark their ballots in secrecy, but their votes were traceable through deliberate numbering. A 1947 constitutional amendment outlawed any marks on ballots that make them traceable. This revolutionary change facilitated effective privacy of Coloradans’ voting process and is the foundation of our civil right to expect our votes to remain secret. This voting method — sometimes referred to as the “secret ballot” — ironically does not allow for secrets on ballots.
However, opponents of election transparency talk endlessly about “secret ballots.” Hate to tell you, there’s no such thing. “Secret ballots” have no place, indeed no meaning, in our election law. Voters are entitled to privacy while voting and a system designed to prevent tracing a ballot to a voter. These safeguards ensure NO ONE learns how anyone else voted. They ensure what everyone wants: Nobody knows how I voted.
We agree with the writers. When lawmakers use the word secret ballot we believe the actual intent is that the identity of the voter should always remain secret, which is equivalent to anonymous ballot, not that ballots remain secret. In fact, in order to perform publicly observable audits, recounts, racanvasses, or to make ballots public requires that they not be secret. In fact, if non-transparent audits, recounts, or recanvasses or any official review of ballots is allowed then ballots would not be secret – they would be available for officials to inspect but kept from the voters.
In the Connecticut Constitution we have, in Article 6 Section 5:
The right of secret voting shall be preserved.
Obviously consistent with anonymous ballots, rather than preserving ballots in secret.
Update: 04/17/2012: On to the Colorado Supreme Court <read>













