Democracy in the Districts: The Case for an Independent US Electoral Commission

Catherine Maltman | United States Fellow

Image sourced from Elvert Barnes via Wikimedia Commons.

Democracy in the United States (US) is at a critical juncture. Across the country, citizens and academics are increasingly questioning its strength. There is both a need and an appetite to protect and uplift the legitimacy of democratic institutions. Not only is this necessary for fairness and accountability, but it is also about safeguarding the foundation of the US as “the experiment entrusted to the hands of the American people”. 

Unfortunately, one glaring issue is undermining this foundation: the manipulation of democracy at the ballot box. 

Whether it be partisan gerrymandering, inconsistent postal voting laws, targeted voter ID laws, varying voting forms, or discretionary counting mechanisms, the US electoral system leaves little to inspire confidence. If the US is to reclaim the Constitutional promise of representation “by the people”, it must start by reforming who and what defines the bounds of US elections by limiting partisan interference. To achieve this, the US should look to the proven model of its ally and democratic protégé: Australia’s independent electoral commission. 

Democratic Deficiencies 

In principle, and as affirmed by the US Government itself, democracy requires free and fair elections. However, manipulating electoral boundaries or voting laws places a caveat on every election; instead of voters having the power to elect representatives in the US, representatives have the power to select their constituents or how they can be heard. 

Voting laws and procedures are often used — deliberately or negligently — to suppress and disenfranchise eligible voters. This is evidenced through numerous documented instances of polling booth closures in minority and low-income communities, restrictive voter ID laws, and disputed voter roll purges. These issues are compounded by varying or non-existent early voting laws, differing voter registration laws, multiple voting methods, and disputed counting processes across different states and counties, creating a system that disenfranchises and restricts voters. 

Perhaps most troubling, the US approach to redistricting directly undermines its founding principle of government: ‘by the people, for the people’. State legislatures — institutions driven and controlled by partisanship — draw electoral boundaries for each district in their state, protecting incumbents and marginalising political opposition. Not only does this encourage less competitive seats and extreme partisanship, but it may also lessen incentives for representatives to be responsive and appeal to their broader electorates. At a time of increasing polarisation, gerrymandering presents a significant threat to American democracy and electoral tolerance.

The US system cannot be described as meeting the standards expected of a healthy democracy. Instead of ensuring equal and unconditional inclusion of US citizens, current mechanisms undermine public trust in the legitimacy and fairness of the electoral process by supporting partisan goals. Only through a system grounded in independence, transparency, and equality can the US restore a government that genuinely reflects the will of the people.

Lessons from the Australian Model

While the basic tenets of free and fair elections exist within the US system, it lacks safeguards to protect and elevate them. In the absence of a strong domestic safeguard, the US should look to the institutions of its democratic ally, Australia, for guidance.

The Australian Electoral Commission (AEC) is an independent non-partisan body that protects democratic elections both across Australia and abroad. Its criteria-driven and consistent processes, if adapted to the US, could help ensure elections are democratic, fair, equitable, and free from political interference. 

Although the AEC uses mechanisms similar to those in the US, the difference lies in how they are implemented. While US electoral institutions and decisions are influenced by partisan legislators and officials, Australian elections are driven by public consultation and independent commissioners. These measures remove political incentives and allow voters to shape political outcomes fairly.

Additionally, Australia’s voting system offers a consistent and equitable process from the casting to counting of votes: a uniform period of early and postal voting across the country, standardised voter ID and registration requirements, consistent ballot formats, and strong oversight and recounting mechanisms. This limits partisan influence and inconsistency across state jurisdictions, starkly contrasting the hallmarks of the US system. Such mechanisms not only limit electoral controversies and streamline administration but also foster public confidence by ensuring that all voters are subject to the same democratic rules and mechanisms. 

The Australian framework clearly shows that electoral equality and legitimacy depend on process, not partisan interests. By adopting an independent model similar to the AEC, the US can rebuild public confidence and reaffirm its commitment to democratic values. 

Confidence Through Reform

Establishing an independent electoral commission will challenge entrenched and systemic power structures and require an acknowledgement of current electoral shortcomings. These reforms would face strong resistance — from incumbent members of Congress viewing it as a threat to their jobs and districts, to state governments concerned about federal overreach, and political parties that depend on manipulating the system. However, such opposition only compounds the need for and value of genuine reform.

When seats can change party hands without a single person changing their vote, or when geography and circumstance — manipulated by partisan interests — determine one’s capacity or willingness to vote, confidence in public institutions erodes. Representative democracy was never meant to serve parties — it was built to serve principles. Reforming the US voting system and establishing an independent electoral commission would be a significant step toward demonstrating a willingness to put aside differences, restoring faith in electoral outcomes, and supporting truly free elections.

Catherine Maltman is the United States Fellow for Young Australians in International Affairs. She holds a Bachelor of Arts, a Master of International Relations, and a Master of International Law from the University of Western Australia. Passionate about U.S. politics and international affairs, Catherine is eager to contribute to discussions about the United States' evolving role on the global stage under the incoming administration, particularly its implications for security and trade.