How does HAVA need to be modified, in order to ensure fair elections?

[Wordie]

Here is just one section of HAVA (there are other sections regarding provisional ballots and voter registration, etc.). What do DUers think of the regulations? (Note this is from a summary of the HAVA regulations published here: http://www.sos.state.ia.us/elections/hava/NASS-Summary-Recommendations.html#3)

Also, the way HAVA works, as I understand it, is that these regulations form the framework upon which the states design their own election laws. That means the HAVA requirements have to be unambiguous, or we'll just wind up back where we started, with a patchwork of different, and sometimes contradictary, laws in each state, that don't necessarily give each citizen's vote equal weight. What do you think of these requirements?

TITLE III – FEDERAL REQUIREMENTS Top

1. Voting System Standards – Requirements - Section 301 referenced

* The voting system shall permit the voter to verify whom they voted for and make any changes to their vote – in a private and independent manner – before the ballot is cast and counted.

* If a voter overvotes, the system will notify them that they have overvoted, what happens to their vote if the overvote and provide the voter with an opportunity to correct or change ballot before cast and counted.

* A state or jurisdiction that uses paper ballots, punch cards, central count (including mail in ballots) may meet this requirement by establishing a voter education program specific to their voting system that tells the voter the effect of overvoting and tells the voter either how to correct the ballot, including how to get a replacement ballot.

* The voting system shall ensure that any notification required preserves the privacy of the voter and the secrecy of the ballot.

* The voting system shall produce a permanent paper record with a manual audit capacity. The system shall provide the voter with the opportunity to change the ballot before the permanent paper record is produced. This paper record must be available as the official record for a recount.

* The system must be accessible for the disabled in a manner that provides the same opportunity for access and participation as for other voters (including privacy and independence). This requirement can be met through the use of at least 1 DRE or other voting system equipped for individuals with disabilities at each polling place.) All equipment purchased with funds made available under the “requirements payment” purchased after January 1, 2007 must meet the standards for disability access.

* The system shall provide alternative language accessibility pursuant to sec. 203 of Voting Rights Act.

* The error rate for the voting equipment – attributable only to equipment error, not voters – must comply with the error rates established in the voluntary voting systems guidelines in effect at the FEC at date of enactment.

* The state must define uniform and non-discriminatory standards for what constitutes a vote for each category of voting equipment used in the state.

* All states and jurisdictions must meet these voting system standard requirements by January 1, 2006.

* To help states comply with legislation, the Election Assistance Commission will issue voluntary guidance consistent with the requirements of this section by January 1, 2004.

=====Potential Issues/Recommendations=====

* Given the uncertainty and timing of federal funding, may want to prioritize in the following manner
o Make sure your state meets all minimum federal requirements. This will require a thorough examination of existing state laws.
o Once money is available, do the most costly requirements or upgrades first. It could be difficult to secure authorized funding in later years.

* States cannot wait for Election Assistance Commission to issue voluntary guidance before submitting first state plan. Commission has until October 1, 2003 to publish voluntary guidance.

[Eric J in MN]

1. Three things

1) Require paper ballots and hand-count every vote.

2) Election Day Registration at the polls in all 50 states.

3) Let every citizen over 18 vote, regardless of a conviction.

[libertypirate]

2. One more thing....

serialize the ballots... Like money no duplicates...

The ballot itself must be signed by the individual who cast it.

And no secret votes... Secret votes can be cheated votes.

[Wordie]

4. I agree with 1 item and disagree (strongly) with the other two.

The idea of serializing the ballots may be a good one to prevent tampering, but the other two ideas, signing the ballots and making the ballots public are not good ideas, imho.

The whole idea about secret balloting is so that nobody can pressure another person into voting some way that the person may not want to vote, and also cannot buy votes. If the ballots were not secret, both those things, pressuring and buying votes would be easy. Why do you think otherwise?

[libertypirate]

5. I have always thought pressuring the vote was an excuse.

The less we celebrate our ability to vote the easier it is to fudge the results. For all this country tries to celebrate it's freedom and liberty; then it shrouds the number one piece of our democracy we wave as our band of freedom in total secrecy. All in the name of protecting the individuals right, but more or less that secret right stands between us and our freedom because in the end we really don't know what happened. All because we are protecting people from being manipulated, which might be the quoted reason but I don't think it's the real reason for being secret about our vote.

Hey just so you all know I don't care if someone knows who I voted for do you?

I know older folks like to keep it to themselves (patterned behavior more then anything) but I don't think anyone really cares more then they want the count to be right.

[Wordie]

6. There have in the past been some pretty nasty things: people buying votes

for instance. Those sorts of things are prevented by a private vote. I know there are lots of other examples, but I will have to wait until Demopedia is further along to be able to have them at my fingertips. I think we need to find a system that accompishes both objectives: privacy AND auditability. There is no reason to set up a false choice between the two.

[libertypirate]

8. privacy AND auditability.

I am not against privacy, but if the environment of an unlocked door encourages someone to steal I think it's more important that the door be kept locked.

Above privacy must come auditable elections, as long as we can tie the ballot back to the individual, without having to jump through hoops, I have no problem with a more "secret" vote.

That is why I think the serial numbers are important they can bridge the gap between secret and open elections.

BTW: How can a secret ballot be an open election?

[dewaldd]

10. the crooked election companies will just reprint the serial numbers

[Wordie]

3. Doesn't that one item in HAVA require a paper backup? Are you saying

you think that wouldn't be enough? (item 1)

(item 2)
Wouldn't that make for a lot of chaos? Or, maybe it would reduce it. The system as it stands obviously doesn't work very well. I haven't posted the Provisional Ballot section of the summary. I guess your item 2 would eliminate the need for provisionals.

(item 3)
I agree. The idea of serving time is that you pay for your crime. After that, the person should be able to vote, imho.

[Eric J in MN]

13. my response on the three points

item 1

While HAVA intended to require voter-verifiable paper ballots
(Congressman Robert Wexler who wrote that section says that was his intent) the Courts have permitted a bizzare interpretation in which a printout at the end of the day is sufficient.


item 2

In Minnesota, Maine, Wisconsin, New Hampshire, Wyoming, Idaho, and North Dakota, there is already Election Day voter registration.

I like the system in Minnesota in that respect.

item 3

I think people in prison should be able to vote. As long as they're citizens over the age of 18.

[BR_Parkway]

7. An established number of fully functioning machines per XXX number

of registered voters in each precinct. Even out the playing field, end the "new" poll tax.

[Wordie]

9. Excellent!!! That isn't in the HAVA requirements! And it should be!

That's an issue that apparently has been left up to the states, and we KNOW that doesn't work!

[dkofos]

11. Add early voting in all states

We have it in Texas and it is great.

[Wordie]

12. Good idea. It sure seems to me that there should be more standardization

across the states. And early voting is one thing that would be good throughout, I agree.

Even with HAVA, the states apparently do things very differently. I think it should be more of the same process in all states. But I guess that isn't in keeping with the constitutional issue of giving the power over the elections to the states.

[ClintCooper2003]

14. People need receipts they can take home with them. That's how!