Voting Blogs: More than a decade after HAVA, it’s time to go shopping | electionlineWeekly

It’s been more than a decade since the implementation of the Help America Vote Act of 2002 (HAVA), which required states and counties to update their elections systems. The law, which was in response to the disastrous 2000 election in Florida, gave states until 2006 to comply with the voting system requirement. Although some weren’t happy about it and still remain opposed to the new DRE or optical-scan systems, all states were finally compliant by the 2010 mid-term elections. Now, with some of those post-HAVA voting systems starting to show their age, and other jurisdictions wishing to make the switch from DRE to optical-scan, counties and states are back in the market for new voting equipment.

Nebraska: Lawmakers begin debate on early voting measure | Journal Star

Nebraska lawmakers began debate Wednesday on a bill to reduce the number of days for in-person early voting in order to prevent situations like the one in which a blind Lincoln woman couldn’t cast an early ballot because the machine to help disabled voters was not ready. Late last year, a hearing officer, Lincoln attorney Robert Kinsey Jr., suggested reducing the period for in-person, early voting from 35 days to 25 days. Kinsey was appointed to oversee the case, which stemmed from a complaint filed by Nebraskans for Civic Reform on behalf of Fatos Floyd of Lincoln. Floyd, who is blind, called the Lincoln Election Commissioner’s Office on Oct. 3 — two days after in-person early voting began — to say she was bringing in a friend with visual impairment to vote on the county’s Automark terminal but was told the machine’s software wasn’t yet available. Neal Erickson, deputy secretary of state for elections, said earlier the main problem is that Nebraska law says ballots for early voting must be ready 35 days before the election. The law also says the ballots must be certified by the secretary of state 50 days before the election. In the 15 days between the two deadlines, election officials must finalize the ballot layouts, print the ballots and program Automark terminals.

Pennsylvania: Batteries for Lawrence County voting machines to cost $26K | Ellwood City Ledger

When Lawrence County purchased electronic voting machines more than five years ago, the batteries were included. But after several years of recharging and reusing those batteries, they are near the end of their useful life, which stands to take a bite out of the county Department of Voter Registration and Elections’ budget. In response to a request by Ed Allison, director of Voter Registration and elections, the commissioners designated approximately $26,000 from the county contingency fund to replace the batteries in more than 250 machines at a rate of nearly $100 apiece. The voting machine battery funding was the largest of Lawrence County’s first 2013 budget transfers.

National: Obama signs order creating election reform commission | Politico.com

President Obama signed an executive order Thursday creating the Presidential Commission on Election Administration, a panel tasked with formulating suggestions on how to cut down on long lines to vote and other problems that plagued voters in 2012. Obama announced plans to launch the effort — co-chaired by lawyers Bob Bauer and Ben Ginsberg who represented the Obama and Romney campaigns, respectively, during the 2012 election — during his State of the Union address. But the White House hadn’t offered details on how the commission would work until Thursday. The order directs the nine-member panel to produce a report for Obama within six months of its first public meeting that will “identify best practices and otherwise make recommendations to promote the efficient administration of elections in order to ensure that all eligible voters have the opportunity to cast their ballots without undue delay, and to improve the experience of voters facing other obstacles in casting their ballots, such as members of the military, overseas voters, voters with disabilities, and voters with limited English proficiency.”

South Carolina: Review: South Carolina voting machines not certified by federal EAC | MidlandsConnect.com

A review released by the South Carolina General Assembly Legislative Audit Council says voting machines used in South Carolina are not certified by a federal Election Assistance Commission (EAC). The 62-page report breaks down where the state stands with current voting machines, evaluates training requirements and looks at alternatives to the current voting machines. The review, which was requested by the former President Pro Tempore of the South Carolina Senate, Glenn McConnell, goes on to say the machines South Carolina uses are not certified by the EAC and do not produce paper audit trails. However, South Carolina’s requirements meet the minimum requirements in the Help America Vote Act. The EAC was established in 2002 after Congress passed the Help America Vote Act. According to the review, the EAC is without its four commissioners and has not revised the 2005 Voluntary Voting System Guidelines. The report also says an EAC official claims the lack of commissioners does not affect the testing and certification of voting systems except in accrediting new test laboratories or if a voting system manufactureer wants to appeal a decertification deicision.

Editorials: We’ve Known How to Fix Voting Since 1975—We Don’t Need Another Panel | J. Ray Kennedy/The Atlantic

Many Americans learned a valuable lesson in 2000: The technologies that emerged over the previous century for casting and counting votes are not always as reliable as they need to be, especially in close elections. Those tools — mechanical lever machines, punch cards, optical-mark readers and, most recently, touch-screen and push-button electronic units — emerged as urban populations grew and as pressure intensified for rapid tallying of results, largely from candidates and broadcasters. For years, they were widely accepted as accurate. But as early as 1975, Roy Saltman, an engineer at the National Bureau of Standards (now the National Institute of Standards and Technology), undertook a privately funded study of voting and vote-counting technology and recommended that punch-card systems be dropped as soon as possible due to problems like hanging chads. Alarm. Yawn. Hit the snooze button. A 1988 update had the same reaction. In 1990, after extensive public hearings, the Federal Election Commission’s Office of Election Administration issued voluntary guidelines regarding the testing and certification of voting and vote-counting technologies. America was beginning to wake up. Around the same time, the House Subcommittee on Elections of the Committee on Administration held hearings on emerging voting technologies. The report of those hearings was a cornucopia of information. Another sign of awakening. Yet in 1994, one of the first actions of the new Republican majority was to eliminate the Subcommittee on Elections. Big yawn. Hit the snooze button.

Missouri: St. Charles County Council approves new voting machines | STL Today

St. Charles County voters will cast ballots in new voting machines when they go to the polls in April 2014. The County Council voted 6-1 Monday night to spend $1 million for 130 optical scan and 130 disability-capable voting machines from Unisyn Voting Solutions Inc. County Elections Director Rich Chrismer said he expects the new machines to be delivered by June and that they should last eight to 10 years. “I’m happy for the voters because I didn’t trust the machines we had,” Chrismer said Wednesday. Chrismer has been trying to convince the council for the past year that the machines used during the last seven years are at the end of their life cycle and need to be replaced to avoid trouble at the polls. The council voted 4-1 in February 2012 to buy new machines for $1.2 million, but County Executive Steve Ehlmann vetoed that bill because only one bid had been received, and the council later withdrew the bill.

Iowa: Democrats question Secretary of State on election results, voter fraud | TheGazette

Secretary of State Matt Schultz weathered a storm of questions from Democratic legislators, but his answers did little to satisfy his critics. Schultz sought to convince the Administration and Regulation Appropriations Subcommittee Feb. 14 that his office has learned from an election night computer crash that delayed results, creating what one lawmaker called a “national embarrassment.” “We did run into a blip with election night reporting. That won’t happen again,” Schultz said. Not everyone shared his confidence. Sen. Jeff Danielson, D-Cedar Falls, questioned the technology fixes Schultz talked about as well as the first-term Republican’s ability to manage the office. “I left today with more questions than I got answers,” Danielson said.

Virginia: Panel votes to ease candidate rules, tighten voter IDs | HamptonRoads.com

A Senate subcommittee has blessed bills that would make it easier for presidential candidates to qualify for elections, but harder for some voters to cast ballots by eliminating some currently accepted forms of identification. Those measures, both sponsored by Republican Sen. Dick Black of Loudoun County, received favorable recommendations from a subset of the Committee on Privileges and Elections Wednesday morning. Black’s SB690 would cut in half the number of Virginia voter signatures that candidates must submit to qualify for primary or general election ballots – the current standard is 10,000 signatures, with 400 from each of Virginia’s 11 congressional districts. The proposal would reduce the threshold to 5,000 signatures, including 200 from each congressional district.

Ohio: Lawmakers are likely to change election laws, again | WKSU

The men and women who run Ohio elections wrapped up a three-day conference in Columbus last week, just in time for state lawmakers to return to the capital, where they’re likely to take up changes in Ohio election law. As statehouse correspondent Karen Kasler reports, county elections board members and workers have lots of ideas on how to make elections run smoother. Legislators have been changing election laws a lot over the last two years. So Republican Secretary of State Jon Husted opened the Ohio Association of Elections Officials conference with his list of what he wants lawmakers to take on now.

US Virgin Islands: Judge hears complaints against election | Virgin Islands Daily News

Uncertainty about the territory’s 2012 election will last right up until the territory’s first swearing-in ceremony on Monday. District Judge Raymond Finch on Friday listened to almost four hours of arguments and testimony via teleconference about whether he should grant the request of five unsuccessful 2012 candidates to throw out the territory’s certified election results and grant a new election on a single-page paper ballot. At the end of the hearing, Finch gave the plaintiffs until Sunday to respond to the government’s motion to dismiss their complaint in advance of his ruling, which he said he intends to issue prior to Monday’s scheduled swearing-in of Board of Education members.

US Virgin Islands: Judge will not stop swearing-in of V.I. officials | Virgin Islands Daily News

Chief District Judge Curtis Gomez has blocked an attempt by five Virgin Islands candidates to prevent the swearing-in of the territory’s newly elected officials. The candidates, who lost their races in the November General Election, are preparing to file a motion today to recuse Gomez from hearing the case. In an amended complaint filed Dec. 21, senatorial candidate Lawrence Olive, Senate At-large candidate Wilma Marsh-Monsanto, Delegate to Congress candidate Norma Pickard-Samuel and Board of Elections candidates Harriet Mercer and Diane Magras asked the court for a temporary restraining order to prevent the Jan. 14 swearing-in ceremony. Each party is acting “pro se” and representing himself or herself.

US Virgin Islands: 5 losing candidates ask judge to stop swearing-in | Virgin Islands Daily News

Five unsuccessful candidates from the 2012 election are asking a federal judge to halt the swearing-in of the territory’s newest elected officials, claiming irregularities in the election cycle prevented a fair vote. In an amended complaint filed Dec. 21, Senatorial candidate Lawrence Olive, Senate At-large candidate Wilma Marsh-Monsanto, Delegate to Congress candidate Norma Pickard-Samuel and Board of Elections candidates Harriet Mercer and Diane Magras are seeking a temporary restraining order to prevent the January swearing-in ceremony.

Nebraska: Early voting change would help blind voters | Omaha.com

Early in-person voting would have to start 10 days later in Nebraska to comply with a federal law that requires special machines to be available for blind voters. Secretary of State John Gale said Monday that he will seek a new law in the upcoming session of the Nebraska Legislature to cut early voting from 35 to 25 days. The change would not affect mail-in or absentee voting. Starting early in-person voting 10 days later would give officials more time to program AutoMark machines, which allow visually impaired voters to cast secret ballots without assistance.

Editorials: Why Voting Reform May Never Happen | The New Yorker

When President Obama claimed victory in last month’s election, he observed that many voters had waited on long lines to cast their ballots, adding, “By the way, we have to fix that.” That was a promise he won’t be able to keep. There’s no fix in the works—and there probably never will be. It was a pretty terrible election, as far as access to the polls goes. As usual, the worst situation was in Florida, where waits of four hours were common both in early voting and on Election Day. But, of course, 2012 wasn’t even the worst election in Florida in the last dozen years. Observers of American politics may recall certain difficulties with the 2000 race in the Sunshine State. But even that fiasco—which arguably (that is, probably, or rather definitely) changed the outcome in the state and nation—led to no significant reform. Because the problems in 2012 did not even arguably change the results, even in Florida, the urgency for reform is commensurably smaller.

US Virgin Islands: Federal audit of Elections System delayed by John Abramson’s absence | Virgin Islands Daily News

A federal audit of the V.I. Elections System scheduled to begin last week is being delayed because of the absence of V.I. Elections Supervisor John Abramson Jr. Curtis Crider, the inspector general for the U.S. Election Assistance Commission, said Thursday that two factors contributed to the delay. “One, we wanted to make sure it was after the election was over,” Crider said.

Voting Blogs: A Quick Look at the Two Congressional Election Bills | Election Academy

With Election Day almost three weeks behind us, Congress is preparing to return to Washington for a lame duck session which may or may not include consideration of two new election reform bills:

+ S. 3635, the “Fair,Accurate, Secure, and Timely Voting Act of 2012”, or FAST, sponsored by Democrats Chris Coons of Delaware and Mark Warner of Virginia; and

+ H.R. 6591, the “Streamlined and Improved Methods at Polling Locations and Early Voting
Act” or SIMPLE, introduced by Democrat George Miller of California and 74 co-sponsors.

There’s a lot to dig into in both of these bills, but a quick look reveals three very interesting issues.

New York: Lever voting machine sales draw a light turnout | Times Union

They are complex machines, controlled by rows of switches and reset by a giant lever that activates a series of dials, switches, counters and a little bill. For decades these iron behemoths put a mechanical imprimatur on the annual rite of democracy, locking in the selections of millions of New Yorkers, from FDR to Nelson Rockefeller. Now they’re worth less than $42. The 2002 Help America Vote Act led to the statewide replacement of the old lever voting machines in time for the 2010 elections with paper ballots logged by electronic scanners. Since then counties have been either warehousing or auctioning off the old machines, or wondering in general how they can rid of them. “They have very little value anymore,” Saratoga County Republican Elections Commissioner Roger Schiera said.

National: The election commission with no commissioners | Salon.com

Despite rampant concerns on both the right and left about the integrity of the election, we seem to have dodged a bullet on Nov. 7, at least on the presidential level. There were no serious problems reported — no hanging chads, endless recounts or credible evidence of widespread dirty tricks — and 97 percent of voters said they had no problems voting this year, aside from waiting in lines. It’s lucky that was the case, because the federal commission tasked with making elections function better has been stymied by partisan infighting that has left it with zero commissioners, with Republicans refusing to appoint new ones and blocking Democrats from doing the same.

National: Senator Urges Republicans to Fill Election Commission Vacancies | Roll Call

Sen. Barbara Boxer, D-Calif., today called on Republican leaders to recommend nominees for a federal election agency that sat without a single commissioner, executive director or general counsel as voters encountered long lines, machine malfunctions and other problems on Election Day.
Boxer urged Senate Minority Leader Mitch McConnell, R-Ky., and House Speaker John Boehner, R-Ohio, to take “immediate action” to fill the vacancies at the Election Assistance Commission by recommending names for the two open Republican commissioner positions after not doing so for nearly a year. “I believe the dysfunction we witnessed may have been reduced had this commission been fully staffed and operational,” Boxer wrote in a letter.

New Mexico: Charges dismissed against ex-secretary of state | SFGate

A judge has dismissed corruption charges against former New Mexico Secretary of State Rebecca Vigil-Giron after ruling that repeated delays violated her right to a speedy trial. Second Judicial District Judge Reed Sheppard ruled late Wednesday that Vigil-Giron did nothing to cause the delays other than file one motion asking the state attorney general’s office to be disqualified, the Albuquerque Journal reported. Vigil-Giron issued a statement saying she felt vindicated and plans a return to the public arena. She served two terms as secretary of state and left office in 2006.

National: Some Jurisdictions Switch to Lower-Tech Voting Systems After Experiencing Problems, See Value in Paper Trail | TheBlaze.com

In a digital age, you might be surprised to learn that many states once using electronic voting are actually switching back to paper — some after disastrous elections that resulted from the lack of a paper trail. Florida, New Mexico, Michigan and Washington state are a few that in recent years made the move to require use of paper ballots instead of electronic voting systems, according to Verified Voting President Pamela Smith. But they’re not shying away from technology altogether, these and some other states using paper ballots employ specialized scanners to count the ballots.

National: EAC: The Phantom Commission – Agency Formed to Restore Confidence in Elections Is in Disarray | Roll Call

A federal agency created to restore confidence in the election process in the wake of Bush v. Gore sits all but leaderless as the country approaches Election Day. As local election officials scramble to sort out last-minute issues — Palm Beach County, Fla., for example, recently hired dozens of workers to hand copy about 27,000 misprinted absentee ballots — the U.S. Election Assistance Commission operates, on its 10th anniversary, as a shell of what Congress designed it to be. Its four commissioner spots are vacant. The executive director resigned last year. Its general counsel left in May. It has lacked a quorum to conduct official business for almost two years. Congressional gamesmanship has hamstrung the commission by neither giving it necessary resources nor eliminating it outright. “It’s a national embarrassment that this agency, whose only mission is to provide information, doesn’t have a single commissioner,” said Rick Hasen, an election law expert at the University of California, Irvine.

National: How Close Are We to Internet Voting? | Mashable

You can do basically anything online. From booking a flight to securely transmitting medical records to your doctor, from buying groceries to managing your bank account, the web supports all sorts of complex transactions. But one common task has firmly resisted the lure of online convenience: voting. At least mostly. There is actually some online voting already happening in very limited ways. At least 32 states and the District of Columbia will allow military or overseas voters to return absentee ballots via email, fax or an Internet portal, in effect offering a form of remote electronic voting to some segment of the population. But for the majority of voters, a trip to a polling place will be necessary to cast a vote in this year’s election. Why is that? Surely, if engineers can figure out how to safeguard your medical records or transfer large sums of money over the Internet, beaming a vote from your living room should be a piece of cake. That’s a popular refrain among proponents of Internet voting systems, and on the surface, it makes sense. If security-obsessed industries like banking and medicine have embraced the Internet, why is voting still stuck in the relative dark ages? As with most things, the reality is a bit more complicated. According to VerifiedVoting.org, a non-profit organization dedicated to ensuring the “accuracy, integrity and verifiability” of elections in a digital age, all voting systems should have a few key components. First, there needs to be a fully auditable, preferably voter-verifiable paper trail that maintains the integrity of the secret ballot. Second, voting systems need to have in place strong mechanisms to prevent any undetected changes to votes. Third, systems should not be easily subject to wide-scale service disruptions. Indeed, the Help America Vote Act (HAVA), passed in 2002 as a response to the Florida recount debacle of 2000, requires some of these provisions under the law.

Voting Blogs: Elections officials aren’t the only ones prepping for Nov. 6 | electionlineWeekly

While the 2002 and 2004 elections were certainly watched following the issues in Florida in 2000 and the implementation of the Help America Vote Act of 2002 this year could prove to be under the microscope more than any in the past. Not only will all eyes being the administration of elections this year because of the multitude of new laws and regulations governing how voters cast their ballots, but also because anyone on social media becomes a de facto “reporter.” With a little more than a month to go till Election Day 2012, elections officials and campaigns are hard at working making sure everyone is properly registered and that those who want a ballot will get a ballot. But they aren’t alone. In newsrooms across the country editors and reporters are plotting their November 6 course of action as well. Even for those of us who cover elections 24/7/365 there is planning to be done.

Iowa: Secretary of State Schultz blasts audit request | KMA Radio

Iowa Secretary of State Matt Schultz, a Republican, says he is disappointed Democrat State Senator Tom Courtney has called for a federal and state audit of federal funds used to pay a state DCI agent to investigate possible voter fraud. In response to Courtney’s request, Schultz told Radio Iowa it boils down to one thing. “Political grandstanding by Senator Courtney. You know, here is a situation where we’re trying to do what is right. We’re trying to make sure that we have honest and fair elections,” according to Schultz. “And instead of trying to help us, Senator Courtney is trying to stop the investigations. What Senator Courtney should be doing is saying ‘I support he has the funding to ensure we have fair and honest elections, and I will do whatever I can to ensure we have honest and fair elections’, but that is not what the senator is saying.” Schultz says he is confident any audit of the use of the Help America Vote Act, or HAVA funds, will confirm he is right. “At this point I trust my election staff that’s made up of election law lawyers. And I can tell you, Senator Courtney only focused on one part of the law and did not bring the entire law into the case here. My staff tells me we have the ability to do it, and I am trusting my staff,” Schultz says. The DCI charged three people with voter fraud in Pottawattamie County in September based on information from the Secretary of State’s office. Schultz says he could use more help in finding voter fraud.

Iowa: Secretary of State Schultz criticized for use of federal funds in voter fraud probe | Des Moines Register

Secretary of State Matt Schultz and a key state lawmaker are at odds over the use of federal money to investigate alleged voter fraud in Iowa. Sen. Tom Courtney, D-Burlington, chairman of the Iowa Senate’s Government Oversight Committee, sent formal letters on the matter Tuesday to State Auditor David Vaudt and a federal inspector general for the U.S. Election Assistance Commission. Courtney asked the officials for audits of Schultz’s use of federal funds from the Help America Vote Act, or HAVA, to hire a state Division of Criminal Investigation agent to investigate alleged voter fraud. Courtney said the federal money is supposed to be used to help educate voters about procedures, voting rights and voting technology. Hiring a law enforcement officer isn’t an allowable expense, he said.

Pennsylvania: Does Judge Simpson’s Pennsylvania Injunction Inadertently Violate Federal Law? | Free and Equal PA

Does the injunction that Judge Simpson issued today inadvertently violate the first-time voter identification requirement in the Help America Vote Act of 2002 (“HAVA”)? HAVA, in Section 303(b), requires voters who register by mail and are voting for the first-time to present identification at the polls.  Pennsylvania implemented this requirement of HAVA in the law that preexisted the current Photo ID Law. … Because the new requirement in the Photo ID Law that everyone show photo ID at every election made the requirement that first-time voters show ID unnecessary, Act 18 amended this section to do away with the distinction between first-time voters and all other voters.  The Act also limited the acceptable forms of identification to photo ID.

National: The Abandonment of the Election Assistance Commission | Steny Hoyer/Huffington Post

While the embarrassing debacle of the 2000 election may seem like a distant memory to some, the unfortunate reality is an encore may be on our doorstep. The Election Assistance Commission was created by the bipartisan Help America Vote Act of 2002 in order to avoid a repeat of the disastrous 2000 election, inspired directly by the failure of effective election administration in Florida that year. The only federal agency whose primary mission is to assist states carry out their elections and provide assistance to local election officials, the EAC has succeeded in this capacity beyond even the most optimistic projections. But now, due either to intentional neglect or outright calls for the agency’s elimination, the EAC is currently without any commissioners or a permanent executive director. While the agency persists in carrying out its mission, its spirit is sorely bruised.

North Carolina: Wake County Reaches Maintenance Contract Agreement with ES&S | Raleigh Public Record

After months of negotiations, the Wake County Board of Elections has worked out a deal with its voting machine vendor that will save the county about $140,000 a year. A 2006 change in state law requires counties to maintain the hardware and software of their voting machines. Until July, the county had been using Help America Vote Act funds to pay for the upgrades and maintenance for its 248 voting machines. The county will now have to foot the bill. Earlier this year, ES&S, the county’s voting machine vendor proposed $193,000 per year for a three-year contract. Wake County Board of Elections Director Cherie Poucher also wanted to train two of the county’s own technicians to inspect, fix and maintain the machines, rather than having ES&S do it as it has since 2006. But certification would cost the county $30,000 per employee. The county was able to secure a shared maintenance agreement.