March 9, 1971

A. Ludlow Kramer, Washington's Secretary of State, gave a careful estimate of all the expenses that dual-age voting would entail and concluded that it would cost the State $4 . 25,000, a “suffocating expense," especially when his State is "desperately struggling to avoid bankruptcy."

Several other jurisdictions have made estimates in the $50,000 range. And many election officials were unable to make precise calculations at this time but described the added expenses as "subtantlal" and "considerable."

D. Determining what constitutes a Federal election

In addition to the costs and confusion which may result from dual-age voting, there is another set of difficulties--legal in nature, hitherto unexplored, and very complexwhich could bring chaos and confusion to the political party structures of almost every State, and thoroughly disrupt the process by which we select our President.

By its terms, the Voting Rights Act of 1970 extends the right to "vote in any state or political subdivision in any primary or any election." It clearly was the intent of Congress to let young voters take part in all elections--not just the final determination. The right to vote in the final election is of little value to those who are excluded from the preliminary selection process. As the Supreme Court has said in many cases, party primaries are "an integral part" of the "election process that determines who shall rule and govern." Terry v. Adams, 345 U.S. 461 (1953). See also Smith v. Allwright, 321 U.S. 649 (1944); United States v. Classic, 313 U.S. 299 ( (1941).

However, as a result of the decision in Oregon v. Mitchell these younger voters are now limited to participating in Federal elections, and just what constitutes a Federal election remains unclear. In many States the selection of nominees for Federal offices is performed by elected delegates who are also chosen to perform State election tasks as well. In the bulk of the States, the State party-including the city and county units of the party-plays a strong role in the choice of deleg a tes to the national convention. In Indiana, for Instance, there is a State primary at which voters of both parties choose delegates to State conventions. These state delegates, in turn, then elect the delegates to the national convention. While Indiana has a Presidential preference primary, it binds only on the first ballot, so that the State delegates may in fact select the Presidential nominee.

If the State convention were concerned solely with the selection of nominees for Federal office and delegates to the national convention-and hence ultimately with the choice of the party's nominee for Presidentthere would be little doubt that 18-year-olds should be allowed to vote in the State primary election. However, the delegates elected to the Indiana State party conventions do far more than select candidates for United States Senator and delegates to the national convention. They also choose the party's candidate for Governor and other State offices. The question will surely be raised whether 18-year-olds, who cannot vote for State officers, should be able to vote in this primary and select the delegates to the State convention.

In the absence of a drastic change in State party operating procedures, there are two alternatives. Those between 18 and 21 could well be allowed to participate in the selection of State delegates who wm choose both Federal and State nominees. This would preserve their right to affect the choice of national leaders at all stages in the selection, but would have the anomalous result of allowing younger voters to have a strong role in the nomination of State candidates, even though these same voters are precluded from voting for these candidates in the ensuing general election.

The other alternative would be to bar the younger voters from any role in these State primary elections. If this were done, granting the vote in Federal elections for the younger voters-many of whom have justifiable complaints about the artificial limits we have imposed on their abilities to participate in our electoral system-would be an ill.ogical and unjustifiable gesture. For many of the most important questions are resolved, and the framework for the whole election is set, by the choice of each party's nominee.

Passing an amendment to the Federal Constitution would end all these difficulties for every State. However, if-for want of a constitutional amendment-we must choose between these two, the first alternative is clearly preferable. It is time to open up our State party structures to concerned and able younger citizens, even if-for the time being -they are not allowed to vote in State elections. Furthermore, to bar these voters from participating in elections which so vitally affect the outcome of Federal elections might well be a violation of the Voting Rights Act. Some States, of course, do not have the same type of State-wide party primary to choose delegates to the State convention as Indiana, and therefore do not have precisely the same type of problems. But, using the Democratic Party as an example, only 13 States and the District of Columbia choose their delegates to the national party convention in a direct primary. In the other 37 States, the delegates are chosen by the State party. The procedures vary from State to State, but quite often delegates are chosen by party caucuses and conventions throughout the State. It is clear that 18-year-old voters prevented from participating in these party caucus elections will soon be in court challenging the legality of their exclusion from any State party elections which affectdirectly or indirectly-the choice of Federal officers. The time to prevent a serious disruption in the State legislatures, in party decision-making, and in the courts is now, and the only way to avoid that disruption is to lower the voting age in all the elections before confusion sets in.

THE POSSmiLITY OF PROMPT ACTION

A. By the States

In almost all the States, it would take a State constitutional amendment to lower the voting age. In a few States, including Indiana, Vermont, and Utah, there is some doubt about whether the State constitution prescribes the minimum voting age or merely mentions an age above which the State legislature may not restrict the right to vote. While there are pressures in each of these States in support of lowering the voting age by statute-rather than by constitutional amendment-in each of these States it is likely that any effort to avoid use of a State constitutional amendment would be challenged, and therefore delayed by a court test. As a result, the only sure way to lower the voting age in the States--in the absence of an amendment to the Federal Constitutionis to amend the State constitutions in each of the 47 States which now prescribe a voting age higher than 18.

Very few of these States consider it possible to complete action on a State constitutional amendment in time for the 1972 elections. Only eight States reported that it would be possible to lower their voting age by amending the State constitution before the 1972 elections without resorting to some extraordinary procedure such as a specially-called election. And of those eight States, only one, New York, already has completed legislative action on the proposed amendment and has a scheduled election for final voter ratification. Thus, of the 47 States with a voting age greater than 18 for State elections, change before the 1972 election appears impossible in 39 States in the absence of a Federal constitutional amendment. Some of those States must wait even longer: Delaware cannot act until 1973; Iowa cannot act until 1974; South Carolina cannot act before 1973; and Tennessee cannot act until 1977. B. Through a Federal constitutional amendment

There is a realistic possibility o! gaining passage and ratification of an amendment to the Federal Constitution which would lower the voting age to 18 before the 1972 election. At the present time, it appears that at least 35 State legislatures are required by law to meet in 1972. Another five legislatures can easily meet without the calling of a special session. In addition, there are likely to be a nUmber of special sessions in 1972. During 1968 and 1969, a total of 38 special sessions were held in 24 states; the reapportionment required by the 1970 census is likely to make 1971 and 1972 an even more active period for special sessions.

In the past, constitutional amendments have often been ratified in a year or less. The 12th Amendment was ratified in 8 months; the 23rd Amendment was ratified in 9 months; the 13th, 20th, and 21st Amendments were ratified in 10 months; the 11th and 17th were ratified in 11 months; the 15th was ratified in less than 12 months; and the 18th and 19th Amendments were ratified within 13 and 14 months respectively. The three amendments proposed in the 1960's­ the 23rd, 24th and 25th-were ratified in an average time of 15 months.

FIFTY-STATE SURVEY OF THE PROBLEMS OJ' DUAL-AGE VOTING METHOD OF CONDUCTING THE SURVEY

In conducti.ng the survey, some 80 newspapers from across the country were reviewed at the Library of Congress for reports and comments by State election officials and others at or shortly after the time of the Supreme Court's decision in Oregon v. Mitchell. The majority of information was gathered through written inquiry to the chief elections official in each of the 47 States which have not lowered the voting age to 18. Similar inquiry was made of some 35 additional elections officials from major cities and counties across the country. The full text of the initial inquiry follows:

"As Chairman of the Senate Subcommittee on Constitutional Amendments, I am requesting your cooperation in providing some information about the effects on your elections of the recent Supreme Court decision lowering the voting age to 18 in Federal elections only. Such information will be of immense use to us in deciding whether to push for quick enactment of a proposed amendment to the Federal Constitution, which would allow 18-year-old citizens to vote in all elections. Since time is of the essence in this matter, I would appreciate it if you could possibly send me your reply by February 1. The questions follow:

"1. What extra. expenses do you estimate will be brought about by the new dual-age voting procedure?

"2. What other possible problems do you envision as a result of the dual-age voting?

"3. Is the present voting age for State and local elections in your State set by State law or by your constitution?

"4. As a practical matter, what is the earliest date on which you could lower the voting age without a Federal Constitutional Amendment?

“Birch BAYH,

"U.S. Senator."

Various follow-up inquiries were conducted.

Detailed replies were received from election officials in each of the States. Further valuable assistance was provided by the Youth Franchise Coalition, Common Cause, and the Honorable A. Ludlow Kramer, Secretary of State o! Washington.

ALABAMA

Number of voters affected

Alabama currently has a voting population for State elections of over 2 million people. About 195,000 are now eligible to vote 1n Federal elections but will have to be regis· tered separately under the dual-age voting procedure.

Costs and problems of dual-age voting

According to the Secretary of State, "Nobody has been Willing to hazard a guess so far" as to the extent of the expenses that would be involved with such a dual-age voting procedure.

Lowering the voting age by State action

The Secretary of State has indicated that "remedial legislation Will be passed during this session" of the Alabama legiSlature. (Letters to Birch Bayh, January 14, 1971, and January 26, 1971.) Since the present voting age for State and local elections is set by the State constitution, it is unlikely, although not impossible, that the age can be changed by State action before the next Federal election.

Jim Ziegler, State Chairman of Southern University Student Governments, has announced that he has started a student campaign to build support for lowering the voting age in Alabama. (Alabama Journal, December 23, 1970.)

ALASKA

A State Constitutional amendment passed by the State legislature in 1969 and ratified at the general election in 1970 lowered the voting age from 19 to 18. As a result, Oregon v. Mitchell poses no problem for future elections in Alaska.

ARIZONA

Number of voters affected

Arizona currently has a voting age population for State elections of about 1 million. Between 90,000 and 100,000 additional citizens are currently eligible to vote only in Federal elections.

Costs and problems of dual-age voting

The Arizona House majority leader, Burton Barr (R., Phoenix) , commented on this situation: "To say that an 18 year old can vote for President but must be 21 to vote for Barr seems a little ridiculous on the face of it. It appears to me that the Supreme Court ruling means the State has to honestly get at the problem. A duplicate system of balloting is not practical." (The Arizona Republic, December 22, 1970.)

Arizona's Secretary of State, Wesley Bolin, has reported that "Extra expense will be involved in printing two ballots and two poll lists, as well as in securing addi tlonal voting machines." He also said that another "possible problem Will be the counting of the two ballots." (Letter to Birch Bayh, January 18, 1971) . While the Secretary of State was unable to make an exact cost estimate without more time for study, Paul Marston, the Maricopa County Recorder, has predicted a dual-ballot system might well entail the use of 400 extra voting machines at $150 each, an expense of $60,000 for Maricopa County alone.

Lowering the voting age by State action Arizona's voting age is established by the State Constitution. The legislature is in session this year. Several members of the State Senate have announced that they Will introduce legislation to start amending the State Constitution so as to extend the State franchise to all those 18 or older. (The Arizona Republic, December 22, 1970.) If the legislature passed such a proposed amendment, theoretically it would be possible to ratify the amendment in either a primary or special election. Thus, it could be possible to lower the voting age to 18 before November of 1972. (YFC; Bolin letter to Birch Bayh, January 18, 1971)

ARKANSAS

Number of voters affected

Arkansas now has a voting age population for State elections of over 1,200,000. More than 100,000 additional voters would be fully enfranchised if the State voting age were lowered to 18.

Costs and problems of dual-age voting

Thomas Glaze, the Chairman of the Election Laws Institute, has predicted that the Supreme Court's decision will force the use of "special ballots," but that the costs, which will have to be assumed by the counties, would be "negligible." (Arkansas Democrat, December 22, 1970.)

Lowering the voting age by State action

Kelly Bryant, the Arkansas Secretary of State, reports that in the current session of the Arkansas legislature a number of proposals relating to lowering the voting age are being considered. (Letter to Birch Bayh, February 4, 1971.) In the absence of a special election, a State constitutional amendment proposed by this session of the legislature could not be ratified before the 1972 Presidential elections.

CALIFORNIA

Number of voters affected

California's State election voting population is over 12,000,000. More than 1,000,000 potential voters are now allowed to register and vote in Federal but not in State or local elections as a result of the Supreme Court's recent action.

Cost and problems of dual-age voting

According to Assemblyman John Briggs, the California Secretary of State has determined that it would cost California "over $1.5 million" to implement dual-age voting. (Letter to Birch Bayh, Jan. 28, 1971.) James S. Allison, the registrar-recorder of the County of Los Angeles, reports that, while he does not know all the additional work that may be required, dual-age voting wm cost approximately "$400,000 to $500,000 additional." Allison also noted "two other" major problems. The first is having to maintain two complete registration systems, one including reference to the age of the registrant so that he can be transferred to the over-21 file on his birthday. The other involves further complications in the various different ballot styles that have to be prepared for each election. In the 1970 primary alone, the County of Los Angeles had 1,660 styles. More would be needed with dual-age voting. (Letter to Birch Bayh, Jan. 27, 1971.) According to Assemblyman Briggs, controlling the vote at the County level "would be a tremendous job-they would have to be able to identify the 18-year-olds, and there would be many legal problems involved." (Letter to Birch Bayh, Jan. 28, 1971.)

Lowering the voting age by State action

The problems involved With maintaining two independent sets of polling list have given new impetus to local efforts to lower the voting age. Several State Assemblymen have introduced legislation to lower the voting age. Governor Ronald Reagan, who previously opposed such a move, has now indicated his support as a result of the Court's decision. Briggs plans to support such a change as part of his campaign to change the law and make 18-year-olds into fullfledged adults in the eyes of the law. There is some talk of getting a special election on this issue next year, but there has been opposition from those who contend that a special election would cost about $4,000,000. Briggs still supports the idea of a special election because it would cost less than separate registration and voting facilities for the more than one million 18-to-20 year olds who now must be treated separately. (Los Angeles Times, Dec. 22, 1970.)

COLORADO

Numcer of voters affected

Colorado's current State voting population is about 1,200,000, and lowering the voting age to 18 would fully enfranchise an additional 10 percent of that number.

Costs and problems of dual-age voting

James L. Eitemiller, the Elections Officer of the Colorado Department of State, did not anticipate that the dual-age voting procedure would raise election costs "to any great extent." However, he did report that his office expected that there would be possible confusion from his bifurcated procedure. He reports:

"We envision at this time that the County Clerk, who is the elections officer in each county, will have to maintain a separate registration book in order to separate the 18- year-olds from the over-21-year-olds and, at this time, we anticipate that the 18-yearolds will vote by absentee ballot, or at the County Clerk's office, which is the same procedure we use when new residents vote for President.

"The reason for this is that at the Presidential election in 1972 the polling places would have two registration books--one for the 18-year-olds and one for the over-21- year-old groups. In order to avoid confusion, it might be necessary to have the 18-yearolds vote at the County Clerks' Office, or by absentee voters' ballot, inasmuch as they will not be allowed to vote for the State and local candidates." (Letter to Birch Bayh, January 12, 1971.)

Lowering the voting age by State action

In the 1970 general election, Colorado rejected a proposal to change the State's Constitution and allow 19-year-olds to vote. Elections officer Eitemiller informed us that it would be impossible, in the absence of a Federal constitutional amendment, to change the State voting age before the next set of Federal elections. (Letter to Birch Bayh, January 12, 1971.)

CONNECTICUT

Number of voters affected

Connecticut currently has a State voting population of over 1,900,000. Almost 150,000 voters are now permitted to vote in Federal elections but excluded from any participation in the State and local contests.

Costs and problems of dual-age voting

The Connecticut Secretary of State, Gloria Schaffer, has indicated considerable concern over the difficulties engendered by the Supreme Court's recent decision. Connecticut is faced with special difficulties because its vote is recorded entirely by voting machine. It does not use paper ballots. The Secretary of State's office is presently conducting detailed studies of the matter, but their preliminary studies suggest that "it is not feasible to permit voting by electors and '18 year old' Federal voters on the same voting machines." As a result, it will probably be necessary to provide separate voting machines for 18 year olds in each polling place. That plan would require the purchase of approximately 650 additional machines--none seem to be available for rental-at a cost of $1,900 per machine. Therefore, the initial cost of the dualage voting procedure in Connecticut, not coun t ing the continuing costs of keeping two separate sets of registration books, would be about $1,300,000. (Letter to Birch Bayh, January 13, 1971.)

Lowering the voting age by State action

In order to avoid the cost of purchasing so many additional machines, Secretary of State Schaffer has announced plans to ask the State legislature to pass a constitutional amendment in its present session. Such a proposal , which had been passed previously by the legislature, was defeated narrowly- 307,530 to 336,012-in the November, 1970, election. Because of the provisions of Article 12 of the Connecticut Constitution, ratification of such an amendment could not be effective until after the November 1972 elections. Secretary Schaffer has "heartily endorsed" the "immediate enactment of a proposed amendment to the Federal constitution March 9, 1971 allowing "18 year old" citizens to vote in all elections" and she believes "this to be the only truly feasible solution." (Letter to Birch Bayh, January 13, 1971; New Haven JournalCourier, January 21, 1971.)

DELAWARE

Number of votes affected

Delaware with a voting population of over 300,000, has almost 30,000 potential voters who are unable to vote in State and local elections but who must be registered for Federal elections.

Costs and problems, of dual-age voting

Burton D. Willis, the Delaware State Election Commissioner, submitted the following detailed memorandum as to the actions his state was planning to take to meet this problem, as well as the costs of administering the plans which he had formulated. He reported:

"1. There have been two theories advanced to implement the procedures for voting of 18 year olds:

"a. The procedure that has been advanced from this agency would create 18 year old voting districts throughout the State, consisting of one or more complete Representative Districts. I advocate five Primary Districts throughout the 27 Representative Districts within New Castle County, one Primary District for Kent County and one Primary District for Sussex County. Each of these two counties have six Representative Districts. By comparing the cost per polling place of the 1970 General Election, I anticipate that the Primary Districts w111 cost approximately $300.00 each or a total of $2,- 100.00 throughout the State.

"b. The other theory which has been advanced by some members of the Legislature would be to allow the 18 year old voters to cast their vote by a paper ballot in the Election District where they reside. This would create the problem of constructing and dismantling 368 voting booths throughout the State. I anticipate that it would be impossible to assemble and disassemble these booths for less than $25.00 each for a total of $9,200.00.

"Regardless of which way it is handled, I figure that it will create 1,200 additional man hours for our election administrative bodies. This equals the position of Clerk II at an annual salary of $4,740.00. Therefore, the anticipated cost to our State for Plan A would be $6,840.00-Plan B, $13,940.00.

"2. The problem that dual-age voting would cause will be sorting our files from 18 to 21 year old group on a monthly basis so the registered voter who has become 21 within that period could be processed to our master records. This expense is figured within the abo v e anticipated costs.

"3. The present voting age in our State is 21, set by Section 2, Article V of our State Constitution; however, there has been an amendment that passed the 125th General Assembly to lower the voting age to 19. We anticipate that the 126th General Assembly will pass the second leg of this amendment in the early part of its Session. Therefore it will only be the 18 to 19 year old age group who would be inconvenienced to either vote in the 18 year old district or by paper ballot." (Letter to Birch Bayh, January 12, 1971.)

Lower i ng the voting age by State action It would not be possible to lower the voting age to 18 in Delaware until 1973 at the earliest. While Delaware does not require ratification of proposed amendments to its State constitution by the electorate, it does require that all such amendments be passed by two successive legislatures. And the next-succeeding legislature does not meet until 1973. (Willis letter to Birch Bayh, January 12, 1971.)

CXVII--347-Part 5

CONGRESSIONAL RECORD-SENATE FLORIDA

Number of - voters affected

Florida presently has a state voting population of almost 4 million. It will now have to take steps to register separately over 320,000 18-to-20-year-olds.

Costs and problems of dual-age voting

The Director of the Division of Elections of the State of Florida , Dorothy W. Glisson, has predicted that there will not be a great deal of added expense involved with the separate registration of persons between the ages of 18 and 21. However, Mrs. Glisson did say that "in some areas where an additional ballot will be required because of already crowded ballots on machines," there will be additional costs involved with printing and the hiring of extra poll workers. She also predicted, "Additional expenses will also be incurred in setting up voting machines to accommodate this extra category of voters." (Letter to Birch Bayh, January 20, 1971.) Martin Braterman, the Dade County Supervisor of Elections, has said that it would cost about $400,000 to purchase sufficient additional voting machines to allow the 18- 21-year-olds to vote together with the rest of the voting population at all elections. He also predicted operating costs for the two primary and general elections of about $22,500. He said that, as a way to forestall extra expense and confusion at the polls, the legislature was likely to consider requiring voters eligible only for the Federal elections to deposit their paper ballots in the office of the Supervisor of Elections during the 30-day period preceding each general election. These ballots would then be counted together with absentee ballots. Florida has used this method before, and Mr. Braterman estimates that it would cost for Dade County approximately $16,500 in each election year. (Letter to Birch Bayh, January 18, 1971.)

The possibility of confusion as a result of the new complications in voting procedure was also mentioned. Mr. Braterman said that the "problems involved in setting up the voting machines . . should . be given serious consideration." Mrs. Glisson thought that the Supreme Court's decision would result in "more work for Florida's voting supervisors." (Miami Herald, December 22, 1970.)

Lowering the voting age by State action

As in most States, the voting age is set by the State constitution. A proposed amendment which would have lowered the voting age to 18 years in State elections was defeated on November 3, 1970. Mr. Braterman could not "venture a guess as to when this question may again be placed on the ballot for consideration of the electorate in the State of Florida." (Letter to Birch Bayh, January 18, 1971.)

GEORGIA

Georgia was the first state to extend its franchise to 18-year-olds. It did so in 1943.

HAWAII

Number of voters affected

Hawaii presently has approximately 425,- 000 citizens eligible to register for State elections. An additional 35,000 would be enfranchised as a result of lowering the voting age from the present 20 to 18.

Costs and problems of dual-age voting

Lt. Governor George R. Ariyoshi expects that the extra costs occasioned by the dualage voting will amount to about $63,000, broken down as follows: public relations $1,000; voter lists $12,000; ballots $8000; election workers $40,000; precinct supplies $2000. He expects difficulties in "administering the election itself-avoiding getting ballots mixed up in printing and delivering them to the precincts and in giving the right - 5499 ballots to each voter." (Letter to Birch Bayh, January 12, 1971)

Although it has not yet been definitely decided, Hawaii officials are now contemplating setting up separate voting units, with separate ballots, in each precinct for the younger voters. (Letter from Morris T. Takushl, Elections Administrator, January 25, 1971.)

Lowering the voting age by State action

Hawaii's 20 year old voting age is now set by the State constitution. A proposal to lower that age to 19 was defeated in the 1970 elections. No constitutional amendment "as a practical matter" could take effect until after the next Presidential election. (Letter to Birch Bayh, Jan. 12, 1971.)

IDAHO

Number of voters affected

Idaho presently has more than 400,000 voters qualified for the State elections. Nearly 45 , 000 others would be qualified 1! the voting age were lowered to 18.

Costs and problems of dual-age voting

R. L. Stephens, the Assistant Secretary of State , reports that "substantial extra expense will be involved" because of duplications in registration and voting procedures. (Letter to Birch Bayh , February 3, 1971.) Lowering the voting age by State action The voting age is set by the Idaho constitu t ion. Two-thirds vote of the legislature and ratification by the electorate is required in order to amend the constitution. According to Assistant Secretary Stephens the "earliest date that such an amendment could be considered" would be November of 1972. (Stephens letter to Birch Bayh, February 3, 1971.)

ILLINOIS

Number of voters affected

Illinois has more than 6 ~ million people eligible to vote in State elections. More than 500 , 000 others would become qualified if the voting age were lowered to 18.

Costs and problems of dual-age voting

John W. Lewis, the illinois Secretary of State reported that while it would be "impossible to determine actual expenses," he thought "there would be two sets of registration records, two sets of ballots," and "additional voting booths where electronic devices and voting machines are used." Therefore, he estimated a "40 to 50" increase in election costs. He thought that because duplicate records and separate files and voting lists would have to be kept for the 18-year-olds, the work of running an election "would be doubled and additional expenses would also be incurred." (Letter to Birch Bayh, January 15, 1971.)

For the city of Chicago alone, it has been estimated that the Supreme Court's decision will result in additional expenditures of between $150,000 and $200,000. According to Stanley T. Kusper, Jr., Commissioner of the Board of Election Commissioners of the City of Chicago, these additional costs, "will be necessitated by extraordinary procedures with regard to absentee voting, possible adaptations of our mechanical voting machines or the implementation of the use of separate paper ballots for those persons qualified to participate only in the federal aspects of the election, separate applications for ballot, possible separate ballot boxes, tally sheets and other materials, specially colored registration and identification cards, separate poll lists, etc." (Letter to Birch Bayh, January 14, 1971.) Chicago officials seemed dismayed by the prospect of implementing the decision. For example, Edward J. Barrett, the Cook County Clerk, called on the State legislature to pass a law to allow all 18-year-olds to vote even though such a proposal has been turned down in a recent general referendum election. (Chicago Sun Times, December 22, 1970.)

Sheila Wolfe and David Gilbert of the Illlnois Secretary of State's Office discussed the necessity almost to double the election facilities and mechanics-and hence the cost-­ as a result of the Court's decision. (Chicago Tribune, December 22, 1970.)

Lowering the voting age by State action

The new Illinois constitution sets a voting age of 21 years. Secretary LeWis felt that no constitutional amendment could likely be ratified in time for the 1972 general election. (Letter to Birch Bayh, January 15, 1971.)

INDIANA

Number of voters affected

Indiana has about 3 million people eligible to vote under present State law and would enfranchise an additional 250,000 1f the voting age were lowered to 18.

Costs and problems of dual-age voting

The law clerk to the Indiana State Election Board, 0. Wayne Davis, has estimated that dual-age voting will cost about $'170,000 for Indiana. He wrote:

"• • • every county in the State of Indiana must now maintain two separate registration files. In some cases this will necessitate additional employees and in all cases will increase the cost for supplies. A conservative estimate is that the increased cost in this area alone will exceed fifty thousand dollars. Second, every precinct in Indiana must prepare for the casting of paper ballots. Such preparations Will cost at least one hundred thousand dollars. Finally, there will be increased costs in the printing of separate ballots. Approximate cost , twenty thousand dollars." (Letter to Birch Bayh, January 27, 1971.)

Lowering the voting age by State action

The Indiana constitution, in Article Two, Section Two, grants to those 21 years and over the right to vote. It is not yet clear whether this provision would preclude the State legislature from lowering the age by statute. However, if a constitutional amendment is required, 1t could not be as a practical matter ratified before the general election of 1972. (Davis letter to Birch Bayh, January 27, 1971.)

IOWA

Number of voters affected

Iowa has about 1, 700,000 people eligible to vote; an additional 130,000 would be enfranchised under an 18-year-old vote proviSion. Costs and problems of dual-age voting

Based on a report from the Polk County Auditor's Office, the Secretary of the State of Iowa, the Honorable Melvin D. Synhorst, has estimated that the State-wide cost of implementing the dual-age voting in the next Federal election would be somewhere ne a r the "$125,000 to $150 , 000 mark." He added, "This figure could rise considerably higher" if additional voting machines had to be purchased. He thought that a "serious problem will be encountered in maintaining proper regis t r a tion records for t his new group of voters in those counties or cities where registration is required in iowa.” He said he could not estimate the cost factor for this separate registration system but that it would be "substantial." (Letter to Birch Bayh, January 19 ,1971.)

Lowering the voting age by State action

Because of the peculiarities of Iowa law, in the absence of an amendment to the Federal Constitution, it would be impossible to approve an amendment to the Iowa constitution before the November 5 , 1974 general election. Thus, the lowering of the voting age could not be effective before the 1976 regular general election. (Synhorst letter to Birch Bayh, January 19, 1971.)

KANSAS

Number of voters affected

Kansas has a voting population of about 1,400,000, and about a quarter of a. million new voters would be eligible to take part in State and local elections if the voting age were lowered to 18.

Costs and problems of dual-age voting

A member of the elections division of the Kansas Secretary of State's office, Lavina M. McDonald, said that separate registration records and lists are being maintained for those under the age of 21. She described the need "to set up a registration procedure to transfer the name of an elector from the list for only national elections to the regular registration file on his 21st birthday." She pointed out that separate ballots would have to be prepared and anticipated "some problems" in those areas which use voting machines. Mrs. Elwlll Shanahan, the Secretary of State, said, "As I see it now, we're going to have two separate ballots." (Topeka Daily Capital, December 22, 1970.) An Assistant Secretary of State, Jack Brier, said that the Supreme Court's decision "presents an immense number of problems for state and local officials." (Wichita Eagle, December 22, 1970.) Lowering the voting age by State action

The Kansas Constitution provides that a constitutional amendment can only be presented to the voters at a general election, and the next such election is in November of 1972. A State constitutional amendment which would change this requirement, is presently being tested in the courts. (McDonald Letter to Birch Bayh, January 18, 1971.) Therefore, it would seem that in the absence of an amendment to the Federal Constitution, Kansas is very likely to have to deal separately with voters under 21, at least in the 1972 e l ections.

KENTUCKY

Kentucky has allowed 18-year-olds to vote in State elections since 1955.

LOUISIANA

Number of voters affected

More than 200,000 additional Louisiana residents would be enfranchised if the voting age were lowered to 18.

Costs and problems of dual-age voting

Louisiana's Secretary of State, Wade 0. Martin, Jr . , said of the Supreme Court ' s decision: "It poses some difficult problems , " but he was sure that the problems could be worked out. Jack Gremillion , the State Attorney General, predicted that the ruling would cause "chaos and confusion" in the next general election. Secretary of State Martin concluded that he expected difficulty because, "The more complications you have, the more likely it is that the whole machinery of elections will break down." (New Orleans Times-Picayune, December 22, 1970.)

On February 3, 1971, Secretary Martin reported to Senator Allen Ellender his present conclus i ons about the feasibility of adapting the State's voting machines to the new requirements. He wrote:

“Specifically, my conclusion at the present time is that the voting machines, in which Louisiana has invested millions of dollars to secure what I consider the nation's best voting facilities with an absolute minimum of fraud, could be adjusted so as to accommodate the numerous "classes" of voters created by the so-called Voting Rights Act, but it would be-

"1. Most difficult and time consuming.

"2. Tremendously expensive both for parts and labor.

"8. Such multiple adjustments as “lockouts” a.nd _ exclusions, along with some of the unreasonable requirements that we have at least three kinds of absentee ballots for voting in combined state and federal elections, must inevitably increase the chance of error and open the door to possible fraud because of confusion and delays."

Mr. A. E. Papale, the Registrar of Voters for the Parish of New Orleans has estimated tha.t in the initial year of dual-age voting there will probably be about a 50% increase in annual registration costs, with about a 6% increase in succeeding years. Among the other possible problems he envisioned was "confusion in the public mind” because different voters would be eligible to vote for different combinations of candidates. (Letter to Birch Bayh, January 25, 1971.)

Lowering the voting age by State action

Secretary of State Martin said that "If any amendment to our State constitution is contemplated, it appears that the earliest date at which it could be submitted to the electorate would be the general election for state and local officers to be held February 1, 1971." (Letter to Birch Ba.yh, February 1, 1971.)

MAINE

Numbers of voters affected

Maine presently has a voting age of 20 as a result of ratification of a proposed constitutional amendment at the November 1970 elections. Close to 50,000 voters however, are still allowed to vote in Federal but not State contests.

Costs and problems of dual-age voting

Elden H. Shute, Jr., the Deputy Secretary of State, said of the decision, "This presents us With some real problems." (Portland Press Herald, > December 22, 1970.) According to Peter M. Damborg, the Deputy Secretary of State, it would cost approximately "$10,000" for the additional ballots, instructions to voters, etc. (Letter to Birch Bayh, January 19, 1971.)

Lowering the voting age by State action

The Maine Constitution presently sets the voting age and could not be altered before November 1971. (Damborg letter to Birch Bayh, January 19, 1971.) Several bills to · lower the voting age to 18 have been introduced in the State legislature this session. The Deputy Secretary of State has reported that he believes one of these bills is "certain to pass," and therefore he is urging the town clerks to "withhold setting up separate voting lists" pending the outcome of this legisla.tion and a referendum. A referendum would cost the State approximately $25,000. (Letter from Peter M. Damborg, Deputy Secretary, Maine Department of State.)

MARYLAND

Number of voters affected

Lowering the voting age to 18 would enfranchise more than 200,000 additional Maryland voters.

Costs and problems of dual-age voting

The Administrator of the State Administrative Board of Election Laws felt that as a direct result of the Supreme Court's decision, there would be an additional expense involved in "keeping a separate book or registry" and in "printing separate absentee ballots for those persons between the ages of 18 and 21 years." Further, since Maryland votes by machine, "additional mechanical adjustments must be made" in order to adapt the machines to the different types of electors. (Letter to Birch Bayh, January 22, 1971.)

Lowering the voting age by State action

The Maryland State constitution sets the voting age. Although legislation is already being processed which would amend the constitution, according tp Mr. Morris, "the earliest possible date it could be done would be November 7, 1972." Therefore, in the absence of a Federal constitutional amendment, Maryland would be forced to use dual-age voting in the next Presidential election.

MASSACHUSE'rl'S

Number of voters affected

Even though Massachusetts has recently lowered its voting age to 19, almost 100,000 voters are st111 precluded from taking part in State elections.

Costs and problems of dual-age voting

John F. X. Davoren, the Secretary of the Commonwealth of Massachusetts, reports that the new ballot for younger voters should not cost more than $40,000. Massachusetts has yet to decide whether to require the younger voters to vote by absentee ballot, or in some other special manner. Davoren expects that these administrative problems "will be resolved in plenty of time." (Letter to Birch Bayh, February 4, 1971.) Norman Gleason, the State Director of Elections, has said that the administrative problems at the State level will not be d11Hcult. (Boston Globe, December 22, 1970.)

Lower i ng the voting age by State action

The Massachusetts constitution requires a majority of the legislators elected, sitting in joint session, in two different legislatures to approve any proposed constitutional amendment, before it can be sent to the voters for ratification. An 18-year-old vote proposal was approved last year. If approved again, the question could be put on the 1972 ballot. (Boston Herald Traveler, December 22, 1970.) Therefore, as a practical matter it would be impossible to reduce the voting age in Massachusetts before 1973 without an amendment to the Federal Constitution. (Davoren letter to Birch Bayh, February 4, 1971.)

MICHIGAN

Number of voters affected

More than 400,000 additional voters would be eligible in Michigan State elections if the voting age were lowered to 18.

Costs and problems of dual-age voting

Richard H. Austin, the Michigan Secretary of State, reports that it was not possible to give an exact cost figure for the new voting procedures. He did say that since 85% of Michigan's voters use voting machines, the cities and townships would have to incur "large, significant" costs for the purchases of new machines unless the machines could be adapted easily. It might also be necessary to redivide the State into slightly different voting precincts because of the possible need for paper ballots.

Austin also said some questions will be raised about whether those who are registered to vote for Federal offices are to be considered "registered electors" for the purpose of signing petitions and the like. It is alSo unclear whether the 18-year-old vote decision applies to the election of delegates to party conventions. (Letter to Birch Bayh, January 29, 1971.)

Lowering the voting age by State action

Michigan's voting age for State and local elections is determined by the State constitution. If the legislature passed a proposed amendment in time, it would be possible to put this question to the people in November, 1971. (Austin letter to Birch Bayh, Jan. 29, 1971). Attempts to amend the State constitution will have to start anew because such a proposal was turned down in 1970 by the voters. (Detroit Free Press, Dec. 22, 1970.)

MINNESOTA

Number of voters affected

As a result of a referendum last fall, Minnesota has lowered the voting age to 19. However, more than 60,000 voters who are able to participate in Federal elections are still disenfranchised in State elections.

Costs and problems of dual-age voting

A memorandum prepared for the Secretary of State Indicated that additional expenses could be expected from the need to train election judges and county officials about the complicated new voting procedures. Confusion was also an issue. "Without a doubt the most serious problem will be confusion. With two ages and both state and federal residency requirements, Minnesota can have five classes of voters . . Election . judges are usually people who have nothing else to do on election day and are not apt to be the people who will most readily understand the new and complicated regulations which will result." The memorandum concluded that instructing everyone as to who may vote for what “will be a nightmare at best." (Letter from Secretary of State Arlen I. Erdahl to Birch Bayh, January 22, 1971.)

Lowering the voting age by State action

Secretary of State, Arlen Erdahl has indicated that the secrecy of a ballot might be compromised 1n sparsely settled areas as a result of the 18-year-old vote decision. (Minneapolis Tribune, January 21, 1971.)

Since constitutional amendments may not be adopted in special or primary elections, no change 1n the State voting age could be made, in the absence of a federal constitutional amendment, which could go into effect in time for the next scheduled elections. Secretary Erdahl indicated in a letter that 1971) he is presently trying to convince the State legislature to submit a constitutional amendment to lower the voting age to 18. However, he concluded, "Even better, in my opinion, would be an amendment to the Federal Con- . stitution permitting 18 year olds to vote in all elections . . ." (Letter to Birch Bayh, January 22, 1971.)

MISSISSIPPI

Number of voters affected.

More than 130,000 Mississippians could vote for the first time in State elections if the voting age were lowered to 18.

Costs and problems of dual-age voting

The Mississippi Secretary of State Heber Ladner predicted that the Supreme Court's ruling "will bring about quite a revision in election procedures-both in registration and casting of ballots." (The Clarion-Ledger, December 22, 1970) Mr. Ladner, however, thought that the extra expenses involved in the new procedures would be "negligible" and he did not envision "any tremendous problems.” . " (Letter to Birch Bayh, January 12, 1971.)

Lowering the voting age by State action

The voting age is set by Article 12 of the Mississippi Constitution. It appears that the Mississippi legislature w111 be faced with the issue of amending its constitution to lower the voting age in the coming year. Representative Dana Moore, who is chairman of the Registration and Elections Committee, talked of a "definite possibility” that such a b111 would clear his committee and be taken up on the House floor. But he was not sure what the outcome of a floor vote would be He predicted that a final vote would be "very close." (The Clarion-Ledger. December 22, 1970.)

MISSOURI

Number of voters affected,

Nearly a quarter of a million voters would be newly enfranchised in State elections as a result of the establishment of a Statewide 18-year-old vote.

Costs and problems of dual-age voting

James C. Kirkpatrick, the Missouri Secretary of State, reported that it would be "extremely difficult’ to project the total cost. But he did feel that the extra cost of special ballots and ballot boxes would be about $50 , - 000. He foresaw that additional election officials might be needed across the State. Local Governments would be beset with higher registration costs because of the need to maintain separate registration books for those under 21. In those a . areas where registration is not required, confusion would be likely on election day as it would be necessary to determine the age of each voter and give special treatment to those under 21. Furthermore, it would be necessary to be shifting existing registration records constantly, as younger voters turned 21. Kirk• patrick thought that it would be difficult to explain to these younger voters "why they are able to vote for President and Congressmen but not eligible to vote for State and local officialS." He concluded, "Probably most important of all-the confusion may well result in long lines at the polling places on election day. This could cause people . to decide against voting rather than be forced to stand in line for a long time-­ especially in bad weather." (Letter to Birch Bayh, January 13, 1971.)

The Director of Elections of the Board of Election Commissioners for the City of St. Louis, Harry F. Leitz, thought that the St. Louis voting machines probably could not be adjusted for dual-age voting. He predicted that merely providing separate, addi· tional registration binders for each precinct to help them in their record keeping would cost $3600. (Letter to Birch Bayh, January 18. Lowering the voting age by State action The voting age is set by the State constitution. If a proposed amendment were to pass the State legislature this year and be ratified by the voters at a specially called election, the change could be effective before 1972. (Kirkpatrick Letter, January 13, 1971.)

MONTANA

Number of voters affected.

During the 1970 election, the voters of Montana approved a constitutional amendment which lowered the voting age for State elections to 19. Over 10,000 additional voters would be enfranchised for State elections if the voting age were to be further lowered to Costs and problems of dual-age voting

Frank Murray, Montana Secretary of State. reported that costs, which he estimated to be about $5,500 statewide, would not be the greatest problem. He did think that the "lockout" mechanisms on the State's voting machines would probably be inadequate, and that paper ballots, resulting in slower counting, would have to be used. He also said that it would be "impossible to preserve the secrecy" of the ballot in small precincts. where there may be only one or two 18-yearold voters. (Letter to Birch Bayh, January 25, 1971.)

Lowering the voting age by State action

It would not be possible to amend the State constitution before the November 1972 Presidential election. (Murray Letter, January 25, 1971.)

NEBRASKA

Numbers of voters affected

Nebraska has approximately 870,000 residents of voting age for State elections under current law. An additional 50,000 would be able to vote 1n State elections if the voting age were lowered from the current 20 to 18. Costs and problems of dual-age voting

Allen J. Beermann, the Nebraska Secretary of State, predicted that his State would have to face about a SO percent increa s e (about $300,000) in election costs as a result of "dual sets of ballots, registration forms, poll books, and abstracts, and the printing and bookkeeping cost related to them." (Letters to Birch Bayh, January 15, and 26, 1971.) Beermann also thought that it would be necessary to devise methods " t o efficiently separate the younger voters and to include them upon their reaching the state's voting age, 20." Another problem might arise in computing "total votes cast", used in determining the number of signatures necessary under State law for certain petitions, since there would be a different number of total votes cast for President and Governor.

Walter H . Loescher, Clerk of Hall County, Nebraska, estimated that for his county alone the additional registrations files and poll books, together with the extra. cost of paper ballots would cost about $3,000. He also thought there would be "sizeable" costs involved in blocking out the voting machines to provide separate facilities for those ineligible to vote for State officers. Mr. Loescher concluded, "'If federal action is not forthcoming, we would be stuck in Nebraska. in conducting the 1972 Primary and General Elections with the new dual age voting procedure . "

Lowering the voting age by State action

A bill has been introduced by the Nebraska. Legislature to amend the State constitution by reducing the minimum voting age from 20 to 18. If passed, that bill would submit the issue to the electorate in 1972. (Lincoln Star, January 14, 1971) The Secretary of State predicted that it would be possible, in theory at least, to ratify a. State constitutional amendment in time for the 1972 election, but that it would require the calling of a. special election. And he said that because the cost of such a. special election would be "prohibitive," it appears "more practical" to talk in terms of waiting for 1972 for final ratification. (Letter to Birch Ba.yh, January 15, 1971.) Therefore, Nebraska. is another State which will most likely face the dual-age voting procedure in 1972 , in the absence of an amendment to the Federal Constitution.

NEVADA

Number of voters affected

More than 26,000 additional voters would be eligible to participate in State elections if Nevada. were to lower its voting age to 18.

Costs and problems of dual-age voting

The Research Director of Nevada's Legislative Council Buerau reported that the exact dollar cost could not be computed at this time because his office had not been able to contact the 17 different jurisdictions that conduct elections in Nevada. But he did feel that there would be difficulties because of the demonstrated inflexibility of the State's voting machines. It would be necessary to establish a. paper ballot system for those eligible to vote in only one part of the election. Use of the paper ballots "obviously" would require "additional printing and tabulation costs."

Lowering the voting age by State action

Under normal procedures an amendment to the Nevada constitution could not be ratified until the November 1972 elections. Thus, the change would not be in effect in time to deal with the next Presidential elections. Because of these possible difficulties there is reported to be "considerable legislative interest" in attempting to ratify such an amendment, if it should pass the State legislature, at a special election to coincide with the June 1971 city elections. (Letter from Arthur J. Palmer, Research Director, Nevada. Legislative Council Bureau, to Birch Ba.yh, January 15, 1971.)

NEW HAMPSHIRE

Number of voters affected

Over 36,000 extra. voters would be eligible to take part in State elections if New Hampshire's voting age were lowered to 18.

Cost and problems of dual-age voting

Robert L. Stark, New Hampshire's Secretary of State, predicted that the additional expense at the State level just for printing the short ballot, to be used by those eligible to vote for Federal offices only, would be about $4,000. Each of New Hampshire's 302 voting precincts maintain their own checklists, and they would be responsible for underwriting the extra. cost involved in maintaining separate checklists for those under 21. The greatest problem would be the difficulty in handling, at the November 1972 election, the regular ballot, a. constitutional amendment ballot, and two short form ballots (one for those eligible to vote only for the President because of short residence in the State, and one for those eligible to vote only in Federal elections because of age) .

Lowering the voting age by State action

According to Mr. Stark, New Hampshire's legislature has already approved a constitutional amendment to lower the voting age to 18, and that question will be put to the voters in the November 1972 election. Therefore, the first regular Federal election at which there would be no problem of dual-age voting would be 1974. (Letter to Birch Ba.yh, January 14,1971.)

NEW JERSEY

Number of voters affected

New Jersey is now making plans for registering over 300 , 000 citizens who are eligible to vote in Federal but not State elections. Costs and problems of dual-age voting