Pelosi fires opening salvo in battle for digital democracy
Speaker Nanci Pelosi will allow the House of Representatives to vote remotely for the first time in the chamber’s 231 year history, providing a much-needed catalyst in the struggle for a digital democracy
I often wonder what great historical events felt like to those who lived them.
When Massachusetts militiamen and British regulars exchanged fire on Lexington Green in April 1775, did any of them realize the gravity of their actions? Would a newspaper reader in New York, Virginia, or London have immediately understood the consequences of such an escalation? Or, would they have just skimmed over the highlights and gone back to drinking tea?
It is easy to identify a critical moment in retrospect, when subsequent events unfurl until ultimately the world that arrives looks very different from its predecessor. Bunker Hill, the Battle of Saratoga, the winter at Valley Forge, and the victory at Yorktown all look like successors to Lexington Green with the benefit of hindsight. But for those who lived that moment, the idea of defeating the British Empire—a global Goliath with 2000 years of history—must have felt like a fool’s errand. Any casual observer would have guessed that Lexington was a local conflict, soon to fall silent under a whiff of musket smoke.
“By the rude bridge that arched the flood,
Their flag to April’s breeze unfurled,
Here once the embattled farmers stood,
And fired the shot heard round the world.”
To the average reader, last week’s news might have been smothered by coverage of the painful toll of COVID-19. But, for those of us hoping to revolutionize American democracy in profound ways, it boomed like a thunderclap: the U.S. House of Representatives will allow remote voting for the first time in history. Mind you, this is a Congress that continued to meet in person despite having to flee Washington in 1814 when the British burned the Capitol. Members have never been allowed to use proxy voting of any kind, even when under Confederate seige in 1861, bombed by German sympathizers in 1915, and a known target of the hijacked United Airlines flight 93 on September 11th. Congressmen have been expected to do their work in person; not by mail, not by telegraph or telephone, not through an intermediary, and certainly not via the internet.
Coronavirus has changed all that. Finally.
Detractors will surely argue that the essence of Congress is in the backslapping, arm twisting, and horse trading that goes into every piece of legislation. They’ll say that the spirit of debate and compromise is lost when our representatives are forced to meet over video conference. Given the unprecedented polarization and paralysis in Congress, the highly centralized power of the Speaker and key leaders, and the tremendous influence of dark money and special interests, most members have already been squeezed out of the sausage making process. If anything, this decision simply acknowledges those long developing trends.
Allowing Congress to vote remotely, whether through a proxy or via the internet, won’t fundamentally change the apparatus of the Legislative branch, but it will have a decisive effect on the discussion around digital voting. Congress will be forced to develop a secure, reliable voting mechanism that cannot be hacked or manipulated. Without this, they’ll be incapable of functioning as a law-making body, given that any disgruntled legislator could challenge the legitimacy of a vote that doesn’t go his way. As such, the steps that Congress will take in areas of authenticity and transparency will guide Boards of Elections in the several States who are already piloting mobile voting options.
How does this benefit the rest of us?
We need to recognize that our right to vote is already under significant threat by a combination of gerrymandering, voter suppression laws and, most recently, Trump’s attacks on absentee voting and the possible collapse of the US Postal Service. The scales were tipped against voter access before the Coronavirus outbreak, but now the situation has reached a crisis point. Given that the 2020 U.S. Census has already moved online, and now the U.S. Congress will follow suit, it only seems natural that the rest of us should have the same virtual access to the ballot box.
However, like our revolutionary forefathers, we face an uphill climb against significant odds. Digital democracy will be perceived as a radical departure that puts political parties, special interest groups, and other vested interests at risk. The blowback we’re seeing from Donald Trump on absentee ballots will be amplified with regard to online voting, both from those on the right who fear an expanded electorate, as well as those on the left who believe the Russians will rig the voting system to install a Manchurian candidate.
“Never let a serious crisis go to waste”
Battle Hymn of the Digital Republic
As we’ve discussed before, a well designed system is capable of defending against cyberattacks while delivering a reliable, transparent, and private voting mechanism. It should become as pervasive and mundane as ATM machines, a once revolutionary technology when unveiled in the 1970s, now quietly handling billions of sensitive financial transactions with nary a peep of opposition from security experts. However, the current options are not mature and scalable, and will need significant investment from States looking to make the transition.
Coronavirus has set the battlefield and Nancy Pelosi has fired the first shot, but this is a long war for digital democracy. Our Bunker Hill, Valley Forge, and Yorktown will be fought in the legislative chambers of Albany, Sacramento, and Richmond where the odds are great and the allies are few.
Once more unto the breach, dear friends.