ABSTRACT:

Early experience with federal campaign finance reform suggests that the new law is fulfilling its primary objective of severing links between policymakers and large donors, and thus reducing the potential for corruption in the political process. Instead of languishing or seeking to circumvent the law, the national political parties have responded to the ban on soft money by increasing their hard money resources. While outside groups appear active, particularly on the Democratic side, their soft money financing should remain a small fraction of what candidates and parties will raise and spend in the 2004 Elections.

To read the full article, please visit The Forum's website

Early voting has started in earnest in many states, marking a dramatic change in how Americans vote and how campaigns are run. Preliminary indications are that more people will cast their ballot prior to Election Day than in any campaign in the nation’s history.

Already, well over ten million people have cast their ballot for this November’s much-anticipated presidential election. This statistic is from just a few states and localities where these early voting numbers are available. In Georgia, for instance, more people have already voted early than voted early in all of the last presidential election.

These early numbers are startling, far outpacing what would be expected at this stage in the election. In the past, early voting starts as a trickle, with the spigot opening as the traditional Election Day approaches. These numbers could portend a higher level of early voting, higher overall turnout, or – most likely – both.

The apparent increase witnessed so far is part of the upward trend in early voting that has swept the country over the past two decades. In 1992, about 7 percent of all voters voted early; by 2004 that number exceeded 20 percent. The increase arises among states that have enacted early voting policies permitting people to vote absentee for any reason, to automatically receive an absentee ballot by mail or to vote at special early voting polling place in a high-traffic location.

Those who vote early have changed over the past 20 years. People who vote by traditional absentee ballot tend to be younger, single and highly educated; essentially students, military and professionals traveling on business.

Today, many people tend to be early voters, though early voters are on average older. This age disparity is consistent with the type of person who is motivated to vote early: a strong partisan who is certain of their vote.

Early voters obviously do not show up to vote on Election Day, which causes problems for exit pollsters stationed outside polling places. In 2004, the media’s national exit poll organization conducted phone surveys of early voters to supplement their Election Day polling. These surveys found that in all states – except Iowa – the early electorate was more Republican than the election day electorate, which is an expected pattern steeped in campaign folklore that a Democrat will win if they evenly split the early vote.

The deviating case of Iowa makes sense. In 2004, the Iowa Democratic Party conducted an intense early vote drive, a move that may have cost John Kerry the state since their Election Day ground game suffered.

We are seeing indications that Barack Obama’s campaign is successfully turning out their supporters in Florida, Georgia and North Carolina, three states that provide demographic breakdowns of early voters. In Florida and North Carolina, registered Democrats outnumber Republicans by two to one among early voters. In Georgia and North Carolina, African-Americans are a much greater share of the early electorate than of the overall 2004 electorate. What makes these numbers all the more impressive is not just their disparity towards Democrats, but that we would normally anticipate Democrats to lag behind Republicans at this stage in the game. Do not expect the well-financed Obama campaign to skimp on their Election Day mobilization efforts, either.

It is too soon to tell definitively if these early vote numbers represent a coming flood of early voting and Election Day turnout or if these represent pent up demand by enthusiastic Democrats finally able to cast their ballot. But that this question can even be asked is not encouraging for John McCain.

For McCain to win, he needs to turn the election around – now. The presidency is starting to slip from his grasp. Pre-election polling currently indicates Obama will hold all the states won by Kerry in 2004, plus Iowa and New Mexico. Obama wins the Electoral College if he wins Colorado, a state that he has had a small consistent lead in the polls throughout the year. More than 60 percent of Coloradans will cast their ballot early.

If McCain can not change the campaign dynamic, it will soon be too late for him to shift enough votes into his column to win. He may be able to take one of the states currently favoring Obama, but that will be an increasingly difficult task as ballots pile up in high-early vote battleground states like Florida, Iowa, Nevada, New Mexico, North Carolina, Oregon and Washington.

It’s mid-October. Now is the time for an October surprise, before too many people can no longer be surprised.

View 2008 Early Voting Statistics »

Michael P. McDonald is an associate professor at George Mason University and a non-resident senior fellow at the Brookings Institution. He calculates national turnout rates for academics and the media and he is co-editor of The Marketplace of Democracy: Electoral Competition in American Politics.

With little time remaining until the midterm elections, campaigning is intensifying and the outcome for control of Congress remains uncertain. Voter enthusiasm and turnout will be big factors in the elections, where Republicans have demonstrated a leg up in the party’s primaries.

On October 20, Brookings expert Michael McDonald answered your questions about what the polls and early voting are telling us about the upcoming midterm elections, in a live web chat moderated by POLITICO Assistant Editor Seung Min Kim. McDonald, with Seth McKee, is author of "Revenge of the Moderates," in today's POLITICO.

The transcript of this chat follows:

12:30 Seung Min Kim: Good afternoon, everyone! We have just under two weeks until the Nov. 2 midterm elections, and the Brookings Institution's Michael McDonald is here to answer your questions. Thanks and welcome, Michael.

12:30 [Comment From Dale Dean (Arlington): ] I was wondering from the historical record how closely early results mirror the actual results. Are there systemic distortions in early voting that are the same over many elections or do they differ with each election?

12:30 Michael McDonald: Early voting does not necessarily correspond with Election Day voting. Several data sources suggest the following: Overall, prior to 2008, more Republicans tended to vote early. In 2008, it was Democrats who voted early. We have to see 2010 will be a continuation of 2008 or a reversion to previous elections.

12:30 Michael McDonald: Another important factor is the number of early votes. For high early voting states like Oregon and Washington, essentially ALL votes will be cast early. In other states that require an excuse to vote absentee, the early voting electorate will be much smaller, and have a partisan character more similar to pre-2008.

12:31 [Comment From Katy Steinmetz: ] Are black voters going to turn out for Obama like they did in 2008? Why or why not? How big of a difference do you think this will make?

12:31 Michael McDonald: Since we started surveying, pollsters have found that midterm electorates -- compared to presidential electorates -- tend to be older, wealthier, better educated, and composed of fewer minorities. Sometimes Democrats can overcome this hurdle, as they did in 2006, of course. It would be highly unusual for African-Americans to vote at the same rate as they did in 2008. In some key races, in states with large minority populations, lowered levels of minority voting could be a critical determinant to the outcome.

12:32 [Comment From tim: ] Do the polls accurately reflect the relative turnout of Democrats, GOP and Independents?

12:33 Michael McDonald: Pollsters try as best they can. They try to forecast who is likely to vote by various methods that are not consistent across polling firms. So, this is as much as art as a science. There are a number of factors that may further affect the partisan composition of polls, such as if people are interviewed by live interviewers or automatically or whether or not cell phones are interviewed.

12:34 [Comment From Katy Steinmetz: ] When Republican pundits like Karl Rove predict gains of 60 or so seats in the House, does that help or hurt them (in terms of making Republicans complacent and driving Democrats to the polls)?

12:36 Michael McDonald: One of the big questions in this election is the relative effects of enthusiasm versus voter mobilization. Republicans are hoping the enthusiasm gap will help them to victory, while Democrats are banking on their organization to GOTV. So far as I can tell, neither side has a distinct edge yet.

12:37 [Comment From Casey (DC): ] I have a question about the margin of error. Let's say candidate A has been consistently polling a point above candidate B, with a 3% margin of error. Is the fact that A has beaten B in all recent polls statistically significant, even with a margin of error? That is, wouldn't it be misleading to claim that A and B are tied (due to the margin of error) since A has been beating B consistently in the same poll, even by just a point? If they're truly tied, wouldn't we see A beating B half the time and B beating A the other half??

12:41 Michael McDonald: To quickly review, the MoE is determined by the number of respondents to a survey, and it does not linearly decline as the number of respondents increases [it declines by a factor of 1/sqrt(# of respondents)]. Suppose you have two polls with 1,000 persons each, then. You may treat them as two polls of 2,000. So, the MoE would decline, but it may not decline as much as you might think. Further, as I describe above, different pollsters use different techniques to create likely voter screens (and many other survey issues), so the polls themselves are not entirely comparable.

12:42 Michael McDonald: As a general rule, I like averaging polls and looking at trends among the same pollster. If all the polls are moving in the same direction, I tend to believe that a trend is real and not just statistical noise.

12:43 Michael McDonald: Finally (I know a long answer!): never trust a single poll. Unfortunately, the media tend to report their poll, or a surprising poll, and disregard others.

12:43 [Comment From Jazziette Devereaux (AZ): ] Do you think that early voting can prevent voters from learning facts about candidates that are presented in the feverish last two weeks of the election?

12:44 Michael McDonald: My favorite example is a John Edwards voter who was upset in 2008 that he had cast his vote before he dropped out of the race.

12:46 Michael McDonald: Early voting has certainly changed campaign dynamics. No longer can an opponent release the October surprise the last week. Their opponent gets a chance to respond. And it makes elections more expensive since campaigns need to be active throughout the entire election period. So, there are pluses and minuses.

12:46 [Comment From Mark, Greenbelt: ] Is it your feeling that early voting favors one party over another generally, or is it all case-by-case?

12:48 Michael McDonald: Prior to 2008, more Republicans voted early. In 2010, more Democrats voted early. So, far more Democrats are voting early in 2008, so it may be that 2008 was a watershed election for early voting. Still, in a state-by-state basis, Republicans tend to do better among early voters in states that require an excuse to vote an absentee ballot (early voting rates are much lower, too!).

12:48 [Comment From Rosemarie (NH): ] How do you think negative campaigning impacts turnout?

12:50 Michael McDonald: It used to be that people thought negative campaigning decreased turnout, but since then, numerous studies have shown it increases turnout. People are apt to be interested in slowing down and watching the accident on the side of the road. The media certainly enjoy covering the most negative campaigns, too.

12:50 [Comment From Malcolm, DC: ] Do you have any stats about early voting so far, and can you draw any conclusions?

12:50 Michael McDonald: They are here. So far, over 2 million people have already voted!

12:52 [Comment From Borys Ortega: ] How do you see the Obama support base (liberals, young people, etc) in terms of enthusiasm?

12:52 Seung Min Kim: And in addition to that, it seems like the White House and Democrats are doing a lot more outreach to young voters, with the MTV/BET town halls and the large rallies at universities. Do you think that will have any effect, considering young people have a low turnout rate for midterm elections?

12:53 Michael McDonald: Since we began surveying, polls consistently show that young people, minorities, the poor and uneducated tend to vote at lower rates -- perhaps the most ironic thing about this election is that the people most affected by the economic downturn are the least likely to vote.

12:55 Michael McDonald: The Democrats need to counter the Republican enthusiasm by expanding the electorate. Their strategy is to do voter mobilization targeted at the low propensity midterm voters, like the youth. We will again have to see how effective the Democrat's mobilization will be compared to the Republican's enthusiasm.

12:55 [Comment From Rosemarie (NH): ] Has there been any correlation between the level and campaign spending (especially on advertising) and the results?

12:57 Michael McDonald: A funny statistic is that the more an incumbent spends, the worse they do. This is because they are spending to counter a threat from a viable challenger. This is why this is one of the most difficult questions to answer -- surprisingly. We do not know the marginal effect of another dollar spent because the other campaign is also spending money.

12:57 [Comment From Sally: ] There was a flap this week about Univision airing ads that seek to depress Hispanic voter turnout. How common is that practice?

12:59 Michael McDonald: Voter suppression targeted at minorities has a long and ignoble history in American politics. Generally, I think everyone should vote since democracy works best when its citizens are engaged. This particular episode may ultimately backfire since it may rile up Nevada Latinos in a campaign that has had many racial overtones.

1:00 [Comment From Drew C.: ] What's your evaluation of early vote-by-mail, vs. in-person voting? Are both being done well?

1:00 Michael McDonald: In 2008, approximately 500,000 mail ballots were rejected. These were people who thought they voted by their vote did not count.

1:02 Michael McDonald: Why does this happen? People do not follow the procedures properly -- the return the ballot in the wrong envelope, they do not sign the envelope, etc. I do like California's method of allowing voters to drop their ballots off on election day at their polling places. This allows poll workers to check that the voter followed procedures.

1:03 Michael McDonald: An advantage of in-person early voting is that these problems do not occur, and their is a chance for a voter and election administrators to fix any problems, such as a first time voter forgetting to bring mandatory ID.

1:03 [Comment From Nick, DC: ] Along the lines of what Sally was asking about, we hear a lot about voter suppression, and we also hear a lot about alleged voter fraud. Are either of them really very common? And are voting machines more subject to tampering than the old paper ballots?

1:05 Michael McDonald: Vote fraud -- someone actually intentionally casting an illegal vote -- is extremely rare. When it happens, it tend to happen among mail ballots. Although there are potentially security flaws with electronic machines, there is little evidence of tampering (of course, that may be because there is no way to check!).

1:06 [Comment From Peter G.: ] If you could make one voting reform nationwide to make the system work better, what would it be?

1:08 Michael McDonald: Universal voter registration. There is plenty of evidence that our system of requiring voters to register themselves does not work well. Just about every other advanced democracy registers their own voters. In states with Election Day registration, turnout is much higher (5 to 7 percentage points). So, not only would we increase turnout, but we would get third party organizations like the now-defunct ACORN our of the business of registering voters.

1:09 [Comment From Ben Griffiths: ] You said incumbents fare worse when they spend more. is the same true of challengers? I'm thinking this year of Sharron Angle's $14 million in Nevada. Is it even possible to spend that much in the time left?

1:10 Michael McDonald: The spending in Nevada is tremendous. Despite that likely about half the voters will have already voted by Election Day -- Nevada is a high turnout state -- I think the campaigns will continue spending to the end since the election appears to be going down to the wire.

1:11 Michael McDonald: As for your first question, there is a point where a challenger spends enough money to become viable, which triggers a response in spending from an incumbent.

1:11 [Comment From Rosemarie (NH): ] Is overall turnout higher in states that allow early voting?

1:13 Michael McDonald: I testified to the U.S. Senate that I believe the answer is yes, though the turnout effects are a modest one to two points in presidential elections. There are studies that find big turnout increases in non-presidential elections. Indeed, the very first usage of all-mail ballot elections was in local jurisdictions that needed to meet threshold turnout rates to pass local bond measures.

1:13 [Comment From Nancy: ] Which party gets the early bragging rights?

1:14 Michael McDonald: So far, Democrats have jack rabbited out of the starting line in most states where we have a clue of which party's registrants are voting early. Nevada is an interesting departure, where Democrats have a lead, but it is not as great as 2008.

1:14 [Comment From Carson P.: ] One of your Brookings colleagues - Bill Galston - has proposed the idea of mandatory voting, like they do in Australia. Could that work here? Is it a good idea?

1:15 Michael McDonald: Good luck trying to convince Americans that they will be fined if they do not vote. I do not think this is practical for the U.S., though it obviously increases turnout.

1:15 [Comment From Don: ] What are the prospects for Lisa Murkowski come election day? Do you think she has a realistic shot at beating Joe Miler?

1:16 Michael McDonald: The polls are close. I think it is anyone's game in Alaska. In fact, I wrote an op-ed with my co-author Seth McKee, which was published at Politico today.

1:16 [Comment From Greg Dworkin: ] Thanks for all your hard work on this! How 'institutionalized' do you see the early vote by the parties? are they incorporating early voting as part of GOTV or are they behind in realizing so many people vote early these days?

1:19 Michael McDonald: As I document with another co-author -- Tom Schaller -- the Democrats created a strong early voting GOTV organization in 2008, and Republicans only belatedly tried to mobilize their voters to vote early. We will have to see how well Democrats will roll over this organization to 2010. Eventually, I believe the Republicans will have to build as strong as an organization. Early voting allows a party to mobilize over a longer period of time.

1:19 [Comment From Mary H. Hager, PhD: ] Please clarify polling methodology. Who is reached; who is not. The role of technology (email, telephonic, etc.) in defining the subpopulation for polling data.

1:20 Michael McDonald: That is quite a tall order for a chat :) We discuss many of these issues on Pollster -- which now has a home in the politics section of Huffington Post (I also blog at Pollster).

1:21 [Comment From Don (Ossning, NY): ] Does Christine O'Donnell have a chance in Delaware?

1:21 Michael McDonald: No.

1:21 [Comment From Geoffrey V.: ] Over the years, I've gotten the sense that campaigns are moving faster, that there are more undecided voters and that many voters don't make up their minds until the last minute. Is that supported by the data?

1:23 Michael McDonald: Well, given the tremendous increase of early voting from 20% in 2004 to 30% in 2008, it appears that many voters are making up their minds sooner, not later. Still, in a midterm election, the rule has generally been that people tend to hold their ballots longer because they do not have as much information about the candidates. It appears that this election may break that previous pattern.

1:23 [Comment From Joan: ] Do you think compromise will come back to Congress after the midterms?

1:24 Michael McDonald: No. Historically, we still have a ways to go before we reach the highest levels of polarization in our politics observed in the late 19th century.

1:24 [Comment From Al Amundson, ND: ] It seems sometimes that pollsters are "surprised" by wins. Polling is so scientific these days, and there's so much money behind it -- how often does a real surprise actually occur?

1:25 Michael McDonald: Surprises more often occur in primary elections, where the electorate is difficult to predict and information is fluid. I do not expect we will be greatly surprised by the 2010 election outcomes.

1:25 [Comment From Rosemarie (NH): ] Do you think that even with early voting, people just want to get it over with, go in to vote and make up their minds while they read the ballot?

1:27 Michael McDonald: Want the campaigns to stop bugging you? Vote early if you can. Election officials track who has a mail ballot in hand and who has voted, and they share this information with the campaigns.

1:27 [Comment From Bert C.: ] How is Sharron Angle still holding on in Nevada even after her numerous public gaffes?

1:27 Michael McDonald: The economic crisis has hit Nevada VERY hard (and I don't often write in caps!).

1:28 [Comment From Peggy: ] What role do you think the Tea Party will play in future elections? Is this a one-off movement or something more serious in American politics?

1:30 Michael McDonald: Shameless plug: see my Politico op-ed. A conservative/populist movement is nothing new to American politics. At least in the short run, I expect the tea party to continue to be influential, especially if Republicans take the House -- I do not expect they will take the Senate as of today. Victories will further embolden the activists.

1:31 Michael McDonald: Thanks to everyone for your questions. Sorry I could not answer them all!

1:31 Seung Min Kim: And that's it for today. Thanks for all the great questions as we count down the days until Election Day. And thanks to Michael for his insightful answers!

Event Information

Thousands of Americans are already casting their votes in the 2012 elections through a variety of vote-by-mail and in-person balloting that allows citizens to cast their votes well in advance of November 6. From military personnel posted overseas to absentee voters, these early voting opportunities give voters the opportunity to make their voices heard even when they can’t stand in line on Election Day. However, there are pitfalls in the process.

Expert Michael McDonald says that while a great deal of attention has been focused on voter fraud, the untold story is that during the last presidential election, some 400,000 absentee ballots were discarded as improperly submitted. How can early voters make sure their voices are heard? What effect will absentee and other early voting programs have in this election year? On September 26, McDonald took your questions and comments in a live web chat moderated by Vivyan Tran of POLITICO.

12:30 Vivyan Tran: Welcome everyone, let's get started.

12:30 Michael McDonald: Early voting was 30% of all votes cast in the 2008 election. My expectation is that 35% of all votes in 2012 will be cast prior to Election Day. In some states, the volume will be much higher. In the battleground state of CO, about 85% of the votes will be cast early; 70% in FL; and 45% in Ohio.

What does it all mean? Hopefully I will be able to answer that question in today's chat!

12:30 Comment from JMC: At what point do you think that the in person early voters become less partisan types eager to cast their vote and more "regular folks" who would be more swayed by debate performances, TV ads, and the like?

12:30 Comment from Jason: 400,000 absentee ballots were discarded in 2008? How?

12:30 Michael McDonald: Reasons why election officials reject mail ballots: unsigned, envelope not sealed, multiple ballots in one envelope, etc. 400K rejected in 2008 does not include the higher rate of spoiled ballots that typically occur with paper mail ballots compared to electronic recording devices used in polling places. Moral: make sure you follow closely the proper procedures to cast your mail ballot!

12:31 Michael McDonald: @JMC: If they are going to vote early, most people wait until the week prior to the election. Those voting now have already made up their minds. But, the polls indicate many people have already done so, so maybe we see more early voting in 2012 as a consequence.

12:31 Comment from User: It was my understanding that absentee ballots are never counted unless the race is incredibly close in a particular state? Is that true - or do the rules for that vary by state?

12:32 Michael McDonald: No, all early votes are counted. What may not be counted, depending on state law and if the election is close enough for them to matter, are provisional ballots.

12:33 Comment from Damion: The blurb here says 400,000 early votes were discarded. Shouldn't the board of elections be reprimanded for that? Who was at fault and what consequences were there?

12:33: Michael McDonald: No, these are ballots "discarded" because people did not follow proper procedures and they must be rejected by law.

12:33 Comment from Shirley: Can you Facebook your vote in?

12:34 Michael McDonald: No. However, election officials are transmitting ballots electronically to overseas citizens and military voters. Voters must print the ballot, fill it out, sign it, scan it, and return. There are ways for these voters to verify that their ballot was received.

12:35 Comment from Karen K: What kind of impact could these discards have on the 2012 election?

12:36 Michael McDonald: Difficult to say. More Republicans vote by mail (excluding all mail ballot states). But, we don't know much about those who fail to follow the procedures. They might be less educated or elderly, and thus might counter the overall trend we see in mail balloting. Who knows?

12:37 Comment from User: This is the first I've heard of so many early votes getting discarded. Is this an issue people are addressing in a serious way?

12:38 Michael McDonald: Unfortunately, we are too focused on issues like voter fraud, which are low occurrence events, when there are many more important ways in which votes are lost in the system. Hopefully we can get the message out so fewer people disenfranchise themselves.

12:39 Comment from Anonymous: What do we know so far about absentee votes for 2012? Can we tell who they're leaning toward in specific states and how?

12:40 Michael McDonald: It's a little early :) yet. One of the major changes from 2008 is that the overseas civilian ballots -- a population that leans D -- was sent ballots much earlier this year than in 2008. We'll get a much better sense of the state of play in the two weeks prior to the election.

12:41 Michael McDonald: That said, the number of absentee ballot requests is running about the same as in 2008, if not a little higher, suggesting that the early vote will indeed be higher than in 2008, and perhaps that overall turnout will be on par with 2008, too.

12:41 Comment from Leslie: So, how can I ensure my early ballot is counted? There are so many rules and regulations, I'm never sure I've brought/filled out the paperwork.

12:42 Michael McDonald: Many states and localities allow people to check on-line the status of their ballot. Do a search for your local election official's webpage to see if that is available to you.

12:42 Comment from Daryyl: Can you define provisional ballots then?

12:44 Michael McDonald: Provisional ballots are required under federal law to allow people to vote if there is a problem with their voter registration. Election officials work after the election to resolve the situation.

If you vote in-person early, then you can resolve provisional ballot situations much sooner, which is good.

12:45 Michael McDonald: Some states use provisional ballots for other purposes: e.g., for a person who does not have the required id or to manage a change in voter registration address. One of the untold stories of this cycle is that FL will manage change of reg. address through provisional ballots. OH does so, and 200K provisionals were cast in 2008. Expect 300K in FL, which may mean we will not know the outcome in FL until weeks after the election. Can you say 2000?

12:45 Comment from Mark, Greenbelt: Is early voting a new phenomenon, or is it increasing? It seems we should make it easier for people to vote when they can.

12:46 Michael McDonald: We are seeing more people vote early, particularly in states that offer the option. However, only MD changed its law from 2008 to allow in-person early voting. OH is sending absentee ballot requests to all registered voters, which is not a change in law, but a change in procedure that is expected to significantly increase early voting there.

12:47 Comment from Jennifer S. : Why do we vote on Tuesday? It seems inconvenient. Wouldn't more people vote if we did it on the weekend? Or over a period of days that offered both morning and evening hours?

12:48 Michael McDonald: We used to have early voting in the US! Back at the Founding, elections were held over several days to allow people living in remote areas to get to the courthouse (the polling place back in the day) to vote. In the mid-1840s, the federal gov't set the current single day for voting because -- what else? -- claims of vote fraud. That people could vote more than once.

12:49 Comment from Winston: What percentage of the U.S. population votes? And, if you could make one change that would increase voting in the U.S. what would be?

12:50 Michael McDonald: I also calculate turnout rates for the country for the media and academics. 62.2% of the eligible voters cast a ballot that counted in 2008. If I were to wave a magic wand, I would have election day registration. California just adopted it yesterday (but starting 2015). States with EDR have +5-7 percentage points of turnout.

12:50 Comment from Bernie S.: One of your colleagues at Brookings, Bill Galston, has suggested that we make voting mandatory, as they do in Australia. What do you think of that idea? Is it even possible here?

12:51 Michael McDonald: That will never happen in a county that values individual freedom so deeply as the US. Fun fact: a few years back, AZ voters rejected a ballot initiative to have voters entered into a lottery.

12:51 Comment from James: If early voting becomes more and more common, shouldn't candidates start campaigning earlier?

12:53 Michael McDonald: They do. In fact, you will see the presidential candidates visit battleground states that have in-person early voting at the start of the period. In 2008, you could see how early voting increased in places where Obama held rallies.

12:53 Comment from Devi P. : What are the factors that drive turnout? How do we get people to the polls? And what can you say about the "microtargeting" strategies the political parties are using to get their voters out?

12:54 Michael McDonald: One of the major ways in which elections have changed in the past decade is that campaigns now place more effort into voter contacts. Over 50% of people reported a contact in 2008. These contacts are known to increase turnout rates by upwards of 10 percentage points. Even contacts from Facebook friends seems to matter!

12:54 Comment from Wendy P, Ohio: What's your position on electronic voting? Can't every voting machine be hacked? Isn't plain old paper balloting more secure?

12:56 Michael McDonald: I went to Caltech, so I am sensitive to the potential for hacking. That said, I encourage experimentation so that we can build a better system. There are counties that do hold electronic elections!

12:56 Comment from Leslie: 400,000 seems like a lot - does this actually have impact on the electoral votes, and if so, should we be worried in this coming election that a lengthy recall may occur?

12:57 Michael McDonald: It could affect the outcome. So please spread the word through your networks. This is the #1 way in which votes are lost in the system!

12:57 Comment from JVotes: Perhaps we should microtarget with ballot issues. Many Americans seem disappointed with the two candidates we have to choose from.

12:58 Michael McDonald: Actually, ballot issues are known to increase turnout. But only a small amount in a presidential election, about 1 percentage point. People vote in the main show: the presidential election.

12:58 Michael McDonald: Interesting aside on that: early voting seems to have a small turnout effect in presidential election, but a larger effect in state and local elections.

12:58 Comment from Jaime Ravenet: Is there a reading of the new voter ID requirements (in at least the 9 most contested states) that does not constitute an "abridgment" of citizens' voting rights?

1:00 Michael McDonald: Perhaps under state constitutions. But the US Supreme Court has already ruled in favor of Indiana's id law. Still, that does not mean that lawyers will try to find some way under federal law to overturn them. TX was blocked because their law was determined to be discriminatory, per Sec. 5 of the Voting Rights Act.

1:00 Vivyan Tran: Thanks for the questions everyone, see you next week!

With just over six months to go until the Iowa caucuses, news organizations are already speculating about what the Bush or Clinton or Trump Sanders administrations might look like. Though it might seem premature, their impulse is the right one. After the winner of the 2016 presidential race is announced in November of that year, the new President-elect will have just under three months to build his or her new government. From choosing cabinet members and key White House staff to setting the policy agenda and dealing with unanticipated crises, the presidential transition process is a huge undertaking, and one that requires much more advance planning than it is usually given.

Acknowledging the short timetable that surrounds the presidential transition process, on July 31 the Senate passed the “Edward ‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015.” If passed by the House and signed into law, this bill would require the president to establish a “White House Transition Coordinating Council” six months prior to the presidential election. This council would work with transition representatives for both candidates to prepare for the challenges that will lie ahead.

Under the new bill, the President would also be tasked to create an “Agency Transition Director’s Council.” This council would ensure that federal agencies function effectively through the transition. Again, transition representatives for each candidate would work with a group of senior representatives from the agencies, planning leadership changes and identifying potential obstacles.

Additionally, agency directors would designate “acting officers” for all essential non-career positions. In the event that these positions become vacant during the transition, a career civil servant from the agency will take over as “acting officer” until a replacement is appointed.

The Bush to Obama transition was one of the smoothest in history, and this bill reflects the best practices learned from that experience. (Full disclosure: one of the co-authors of this blog, Eisen, was the deputy general counsel of the Obama transition.) The Bush administration was ready early to work with the transition teams for both major party candidates. It offered a model of organization and cooperation with both campaigns well before Election Day. Once the election was decided, that engagement intensified, with constant contact and seamless teamwork between President-elect and his team and President Bush and his. Indeed, even after Election Day, many Bush appointees were asked to and did stay on longer in order to give the administration more time to find suitable replacements (See, e.g. Burke, p.594).

The Obama administration will undoubtedly "pay it forward" and meet those same high standards in addressing the upcoming transition. Nevertheless, codifying recent best practices as law makes eminent sense now, while we are all paying attention to the upcoming election—and knowing a future administration may not be as cooperative unless required by law. Although Inauguration Day 2017 may seem far off, there is actually not a moment to spare for this important legislation to proceed.