Legal Definitions - swinging-door chad

A swinging-door chad refers to a small piece of paper on a punch-card ballot that has been partially detached by a voter's punch but remains connected to the ballot by one or more corners. Unlike a fully detached chad, which clearly indicates a vote, or an unpunched ballot, a swinging-door chad creates ambiguity about the voter's intent because it can pivot or "swing" without having been completely removed. This type of chad often requires human review to determine if a vote was intended, especially in close elections.

• Example 1: General Election Counting

  During a hotly contested mayoral election, a voter uses a punch-card machine to cast their ballot. They press down on the stylus for their chosen candidate, but due to a slight imperfection in the ballot card or a less-than-firm press, the small rectangular piece of paper representing their selection only detaches on three sides, remaining hinged on the fourth. When the ballot is later fed into the automated counting machine, this partially attached piece, a swinging-door chad, prevents the machine from registering a clear vote for that candidate, requiring manual inspection.

  This example illustrates a swinging-door chad because the voter's attempt to punch a hole resulted in a piece of paper that did not fully separate from the ballot. It's still connected, allowing it to "swing," which makes the vote ambiguous for automated counting and necessitates human interpretation.

• Example 2: Post-Election Recount

  Following a state legislative election decided by only a handful of votes, a recount is ordered. Election officials meticulously examine thousands of punch-card ballots by hand. They encounter numerous instances where a voter's intended punch resulted in a small piece of paper that is perforated on two sides but still firmly attached at the top and bottom, allowing it to flap slightly. These are identified as swinging-door chads, and the election board must establish clear guidelines for how to interpret them – whether to count them as a vote, a non-vote, or to consider other marks on the ballot to discern voter intent.

  Here, the swinging-door chads are critical during a recount because their incomplete detachment creates uncertainty. The officials must decide if the partial punch indicates a clear intent to vote, highlighting the ambiguity inherent in this type of chad and its potential impact on election results.

• Example 3: Voter Education Campaign

  A local election commission launches a public awareness campaign to educate voters on how to properly use punch-card voting machines to avoid common errors. One of their key messages advises voters to press the stylus firmly and ensure the small paper "chad" completely detaches from the ballot. They specifically warn against leaving a swinging-door chad, explaining that such an incomplete punch might not be counted by the machines and could lead to their vote being challenged or uncounted, thereby emphasizing the importance of a clean, complete punch.

  This example demonstrates the practical implication of a swinging-door chad. The election commission highlights it as a potential problem because its incomplete detachment can lead to a vote not being registered correctly, emphasizing the importance of a clean, complete punch for a vote to be counted.