Poll Workers, Election Administration, and the Problem of Implicit Bias

Racial bias in election administration-more specifically, in the interaction between poll workers and voters at a polling place on election day-may be implicit, or unconscious. Indeed, the operation of a polling place may present an optimal setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or not a prospective voter gets to cast a ballot, and they operate in an environment where they may have to make quick decisions, based on little information, with few concrete incentives for accuracy, and with little opportunity to learn from their errors. Even where the letter of the law does not explicitly allow for a poll worker to exercise discretion, there is a strong possibility that unconscious bias could play a role in poll worker decision-making. Whether a poll workers\u27 discretion is de jure or de facto, the result may be race-based discrimination between prospective voters. This Article addresses how unconscious bias may play a role in the interaction between poll workers and prospective voters and discusses some ways in which the potential for unconscious bias to operate in America\u27s polling places may be mitigated