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Our Issues – Help America Vote Act (HAVA)
In this section:
What is the Help America Vote Act (HAVA)? Justice Department agreement with California on required voter registration lists
CalVEC letter on emergency HAVA regulations, Dec. 2005
Introduction Remember "hanging chads" and the "butterfly ballot"? The 2000 presidential elections, sparked a national debate over the fragility of our electoral system. Much to most Americans' shock, our national elections are in fact a conglomeration of state and local standards for which voting machines are used, how to count ballots, how to maintain or purge voter lists, whether voters have a failsafe way to vote (provisional voting), and election administration generally. In the wake of public outcry and international scrutiny over the presidential elections of 2000, Congress passed landmark legislation to address the election problems highlighted by these elections in 2002. This legislation was called the "Help Americans Vote Act" (HAVA).
What is the Help America Vote Act? Link to Secretary of State HAVA background Almost 100 pages long, the Help Americans Vote Act is landmark legislation that was the product of much negotiation and compromise. You can view the full text of HAVA here. There are three main thrusts worth noting:
HAVA created a new federal governmental entity, called the Election Administration Commission. Click here and here. It also sets out a series of deadlines that all states that opt for federal HAVA funding must meet. 2006 marks several significant deadlines.
July 27, 2007: The University of California completed a two-month top to bottom review of voting systems of three major vendors in California. This included reviews of the software, firmware and hardware for voting machines using optical scan paper ballots as well as direct electronic recording with a voter verifiable paper audit trail (such as touch screens), precinct scanners, and the central count tabulating machines. Please click here for more information from the Secretary of State's office. Click here to read about it in the Los Angeles Times. Click here to read about the report in the San Diego Union Tribune. CalVEC members' response letters Protection & Advocacy, Inc.
While the first two open the possibility of improving voter participation, the ID requirements of newly registered voters has raised serious concerns about widespread disenfranchisement, particularly of new voting communities especially amongst Asian Pacific Americans (APAs) and Latinos. In 2000, Asian Pacific American Legal Center poll monitors reported discriminatory poll workers in Los Angeles County who were screening only APA voters for proof of citizenship and identification, a clearly illegal activity. Fears that voters, especially minorities and immigrants, could be subjected to widespread disenfranchisement in 2004 prompted organizations around California (including Asian Pacific American Legal Center, Asian Law Alliance, Asian Law Caucus, Chinese for Affirmative Action, Common Cause, League of Women Voters, NAACP-Legal Defense Fund, Mexican American Legal Defense and Education Fund, National Association of Latino Elected Officials, Western Center for Disability Rights, and others) to pull together to meet with California's Secretary of State. During that meeting, advocates laid out a number of concerns that needed to addressed in the new state plans:
In May of 2003, the Secretary of State held hearings around California to hear organizational and individual comments about HAVA-related policies. CalVEC's advocacy resulted in the creation of a diverse and representative Secretary of State Ad-hoc Task Force on the Help America Vote Act State Plan.
CalVEC recommendations to the Secretary of State, 2003 CalVEC presented policy papers in five main HAVA areas: 1) voter identification requirements The recommendations created the foundation for California's State Plan, ultimately submitted to the Elections Administration Commission and accepted. The following is a summary of these recommendations. I. VOTER ID REQUIREMENTS______________________________________ 1. Identify and Minimize Voters Subject to ID Requirements. The state should utilize all available options under HAVA to clearly identify and minimize the number of voters who are subject to the identification requirements. a. Apply the ID requirement only for voters who register by mail after January 1, 2003. The state should ensure that local jurisdictions only apply the requirement to voters who register by mail after January 1, 2003. In this connection, the state must develop some means to ensure that voters whose registration forms are hand-delivered by organizations who conduct voter registration drives are not subject to the requirement. The state should notify all voters who have successfully registered to vote. b. Comply with voter registration database by June 1, 2004. The state should make every effort to ensure its state registration list complies with HAVA requirements by January 1, 2004, because the verification that the state must do under HAVA will help maximize the number of voters covered by the "opt-out" verification process. The implementation of the statewide list which can be accessed by election officials throughout the state will also minimize the number of voters subject to the identification requirement because they are first-time voters in a particular jurisdiction. 2. Develop Guidelines for Pollworker Training. The state should develop guidelines for training poll-workers on the non-discriminatory enforcement of the identification requirement. This training should provide pollworkers with a clear understanding of precisely which voters are subject to the identification requirement, and the types of acceptable identification. The training must also emphasize that pollworkers should inform voters who do not have acceptable identification of their right to cast a provisional ballot. 3. Broaden the list of Acceptable forms of ID. The state's list of acceptable forms of identification that voters are required to produce should be as broad as HAVA's requirements allow. 4. Establish Systems to Report Discrimination. The state should set up a hotline where voters can report discrimination they may experience at the polls with regard to providing identification. II. PROVISIONAL VOTING RECOMMENDATIONS_____________________ 1. Allow voters to vote provisionally after signing an affidavit with the correct information, without having to provide any additional documentation; 2. Automatically notifiy provisional voters about whether their votes counted, and if not, why not; 3. Allow the information collected on the provisional ballot affidavit to be used as a registration form for future elections; 4. Allow ballots to be counted based only on a comparison of the signature on the voter registration form and the provisional ballot. 5. Ensure poll workers are properly trained and the public is educated about the new procedures. III. STATEWIDE VOTER DATABASE_________________________________ 1. Accept California ID cards for verification. The state should explore using registrants' California ID card number for registration verification purposes, and integrating data from the state's ID card database with the state's registration list. This is particularly important for voters with disabilities who may not have driver's licenses. 2. Set highest standards to safeguard against erroneous removal from registration list. The state must institute safeguards to ensure that eligible voters are not erroneously removed from the registration list. For example, the quality of data used to determine felony convictions, deaths and duplicates must be the highest possible, with checks to ensure that only accurate and reliable data are used. There must be a system to detect and correct data entry and other errors. Before a voter's name is removed, there must be a complete match with the record that indicates the voter is ineligible (using such information as the full name, date of birth, address, a unique identifier, and all other available information). 3. Send prompt notification for changes in voter status or failure in registration. The state must implement a system to promptly notify every new voter registrant whose application is received, verified and added to the voter rolls, as well as a system for prompt notification of any voter who it fails to register because of problems with the verification process. The state also must develop a system to notify any voter it intends to purge from the statewide list. The voter must have an opportunity to resolve the verification issue to ensure that he or she can vote in a timely manner. The state should ensure that local election officials are well-educated about voter removal procedures and requirements. 4. Ensure minority voters can request voting materials in their preferred language. If counties are covered by the language assistance provisions of Section 203 of the Voting Rights Act, their voter registration materials should include a box allowing language minority voters to indicate that they want to receive voting materials in their native language. 5. Computerize all data comprehensively and uniformly across the state. The state should ensure that counties enter all the information they collect from voters on the registration form into their database (such as place of birth). 6. Integrate all state databases. The state should also integrate the databases of other state systems, such as disability, public assistance, and other social service agencies, with the voter registration database. This will ensure that the voter registration list is routinely updated with change-of-address information. It will also enable the state to use those other databases for voter verification that will exempt first-time voters from HAVA's polling place identification requirements. 7. Marshall all resources necessary to meet January 1, 2004 deadline. The state should make every effort to meet the January 1, 2004 deadline for the implementation of the computerized registration list, in part to mitigate the impact of the first-time voter identification requirements of HAVA described in Section II. IV. NEW VOTING MACHINES______________________________________ 1. Convert to DRE Systems. DRE systems offer many advantages for voters, especially people with disabilities, linguistic minorities, and people of color. DRE systems are also better able to accommodate alternative voting methods such as Instant Runoff Voting. We therefore believe that DRE systems are preferable to paper-based systems, such as punch cards or optical scans. Accordingly, the State of California should take steps to promote conversion to DRE systems as expeditiously as practicable, and counties upgrading their voting technology should move to DRE systems. 2. Certify New DRE Systems. The State should act promptly to consider and act on the certification applications for new DRE systems that meet the requirements of state and federal law, to ensure the widest possible choice of systems to counties in the process of converting. 3. Consider Decertification of Other Systems. In the long term, the Secretary of State should consider decertifying systems other than DRE's. Such a decision, however, should not be made until at least the conclusion of the 2004 election cycle, through which the benefits of DRE systems may be more clearly established. 4. Educate Voters and Train Poll Workers. Those counties that are converting to DRE's or other new voting systems should undertake extensive voter education and poll worker training. 5. Do Not Require Contemporaneous Paper-Trail at This Time. The State of California should not at this time require that DRE systems have a contemporaneously generated paper trail. While such a paper trail may have some benefits in terms of security and confidence, it goes beyond the requirements of state and federal law. They may also result in mechanical problems, complicating the voting process and resulting in longer lines at the polls. Mandating a contemporaneously generated paper trail for all DRE's could deter counties from moving to this technology, and that they might instead choose optical scan systems which are less desirable. Link to Secretary of State website on touchscreen voting V. VOTER OUTREACH AND EDUCATION RECOMMENDATIONS____________ A. EDUCATE OUR COMMUNITIES 2. Display and distribute voting materials on Election Day: As required by HAVA, all polling places should have sample ballots displayed in English and minority languages. Polling places should also strictly comply with HAVA's requirements regarding the other information that must be displayed, including information on the date of the election and the hours of the polling place; instructions on how to vote, including how to cast a vote and a provisional ballot, and general information on voting rights, including instructions on how to contact the appropriate officials if these rights have been violated. Sample ballots should also be mailed to registered voters in a timely manner before Election Day. 3. Register new voters and provide extensive information on the importance of voting: The Secretary of State and County Registrars should be committed to registering new voters and encouraging voter participation. Registered voters should be notified that they have successfully registered. Voter registration and participation efforts should be multilingual and especially targeted towards disenfranchised communities. 4. Educate registered voters on voting method options: Provide education and outreach to voters on the various options they have for voting (e.g., early voting, voting by absentee ballot, Election Day voting and voting with a provisional ballot on Election Day). 5. Educate voters on new voting systems: For those counties that will be moving to new voting systems, considerable advance work must be done to educate voters. Such education should start well in advance of Election Day and, as demonstrated by the experience of jurisdictions that have already upgraded voting systems is essential to a successful transition. Voter education should include multilingual materials and presentations for those who are not proficient in English, and information for people with disabilities. 6. Educate new voters on ID requirements: In order to educate new voters on HAVA's ID requirements, provide them with advanced notice as to what forms of identification voters should bring to the polls. Outreach should be multilingual. Make mailed notices user friendly with easy to understand visual directions in addition to written explanations. Target both registered voters and newly eligible voters such as new citizens, young people in high school and on college campuses. 7. Educate ex-felons about voting rights: Notify ex-felons and citizens on probation and parole about their voting rights, and procedures by which these rights may be restored. 8. Develop partnerships with public interest organizations: The State should work with community based, campus based, and public interest organizations dedicated to voter outreach and education to disseminate voting rights information at a grassroots level prior to and on Election Day. 9. Coordinate community outreach events: Use strategic locations within targeted low-voter turnout precincts to educate low propensity and new voters how to use new HAVA voting equipment and the election services for elderly voters, minority language voters, and voters with special needs. 10. Set-up a state complaint procedure: Develop a complaint procedure for alleged violations of election laws including those on Election Day. Make sure the procedure is well publicized. Prepare and release to the public a report on the registered complaints and how they were handled. 11. Sufficiently staff election hotlines and provide timely responses: Telephone lines need to be staffed by people with appropriate language abilities and well staffed to lesson the wait time for assistance and responses. B. ADDRESS THE LANGUAGE BARRIERS 1. Provide appropriate assistance to language minority voters: For jurisdictions that are covered by Section 203 of the Voting Rights Act (VRA), voting sites should ensure that they have poll workers who are able to speak the languages required under the VRA and voting materials in those languages. Even if a jurisdiction is not covered by the VRA with respect to a particular language group, the jurisdiction should consider providing appropriate language assistance at any voting site that serves a sizeable number of minority language voters. 2. Conduct extensive community education and outreach: Given the major changes that will result from the implementation of HAVA and other election-related legislation, it is absolutely necessary that there be extensive education and outreach to language minority voters about these changes. The Secretary of State should help facilitate discussions between counties targeting different languages so better education and outreach can be provided. 3. Provide multilingual voting materials: Limited English proficiency or non-English speaking voters should have access to voting materials in their language. The State should publish and distribute voter education materials such as candidate and ballot measure descriptions in non-English languages. 4. Provide Election Day translation services: Limited English proficiency or non-English speaking voters should have access to poll registration and voting directions in their language. Recruit and train bilingual poll workers and develop relationships with grassroots organizations that are familiar with different minority language voters to assist in poll worker recruitment. 5. Provide "top of the ballot" translation: The Secretary of State should take the responsibility to provide top of the ballot translating. The Secretary of State should also assist counties in exploring options to share or "trade" translation services for candidates and measures on the ballot. C. OVERCOME DISABILITY ACCESS BARRIERS 2. Ensure system accessibility: Although we believe that all voting equipment should be fully accessible to people with disabilities, at the very least each polling place must have at least one accessible voting machine. These systems should allow individuals with disabilities to vote independently, to the extent possible, so that the secrecy of their ballots is protected. Disabled voters should be informed in advance of the availability of accessible voting system and educated on how it can be used.
See the Memorandum of Agreement WASHINGTON, D.C. - The Justice Department today announced an agreement with the State of California to ensure the state’s compliance with the voter registration list requirements of the Help America Vote Act of 2002 (HAVA). Under the agreement, the state will implement both a temporary plan and a long term permanent solution to meet its obligations under HAVA. “This agreement is a model for other states as they continue to develop and operate their own statewide voter registration lists,” said Bradley J. Schlozman, Acting Assistant Attorney General for the Civil Rights Division. “HAVA’s voter registration list requirements are among its most important, and we applaud the new leadership in the California Secretary of State’s office for working cooperatively with us to reach this positive and timely result.” HAVA requires reforms in elections for federal office, including a requirement that states set up and maintain a computerized statewide voter registration list containing the name and registration information of every legally-registered voter in the state. The law also requires that a unique identification number be assigned to each voter on the registration list. This statewide list must be the official list of all registered voters for federal elections and must be connected with other state agency databases to assist state and local election officials in keeping an accurate and up-to-date list. For most states, including California, the voter registration list requirement takes effect on January 1, 2006. The memorandum of agreement is a direct result of discussions between the Justice Department and California Secretary of State Bruce McPherson, the state’s new chief election official, who sought the Department’s assistance in reviewing California's revised plans for meeting HAVA’s requirements. A lack of adequate planning and action by the prior leadership of the Office of the Secretary had put the state in imminent danger of not having a HAVA-compliant statewide voter registration system in place by the January 1, 2006 deadline. This agreement calls for California to satisfy HAVA’s voter registration list requirement in two steps. The state will first implement a temporary solution by updating the state’s existing “CalVoter” registration system by January 1, 2006. Under the temporary plan:
To carry out the temporary plan, the state will adopt regulations effective January 1, 2006. The temporary plan will remain in effect until the state implements a permanent voter registration list solution, “VoteCal,” which is currently going through the state approval process. The agreement also gives the Justice Department access to state personnel and records to monitor the state’s compliance progress.
Elections Assistance Commission 2005 voting system guidelines
In December 2005, California adopted regulations in an emergency rulemaking process to implement the provisions of its agreement with the Justice Department on HAVA's statewide voter registration database requirement. Several CalVEC organizations submitted comments on these emergency regulations to the California Office of Administrative Law (OAL) and California Secretary of State. These comments are contained in a letter that these organizations submitted in December 2005. While the timing of the emergency rulemaking process did not allow the OAL and the Secretary of State to consider these comments, the organizations were informed that the comments would be considered during California's rulemaking process to develop permament regulations relating to HAVA's statewide database requirement. Letter with Recommendations on Voting Technology to Ensure Language Minority Voter Access |
copyright 2005
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