HAVA HAVA Help America Vote Act Help America Vote Act What Every - - PowerPoint PPT Presentation

hava hava
SMART_READER_LITE
LIVE PREVIEW

HAVA HAVA Help America Vote Act Help America Vote Act What Every - - PowerPoint PPT Presentation

HAVA HAVA Help America Vote Act Help America Vote Act What Every Voter Should Know Why Is HAVA Necessary? Between 4 million and 6 million votes in the 2000 election were lost due to problems with ballots, voting machines and registration


slide-1
SLIDE 1

HAVA HAVA

Help America Vote Act Help America Vote Act

What Every Voter Should Know

slide-2
SLIDE 2

Why Is HAVA Necessary?

  • Between 4 million and 6 million votes

in the 2000 election were lost due to problems with ballots, voting machines and registration

– (according to a new study by the Cal Tech-MIT Voting Technology Project)

  • A Congressional study has found

that the votes of poor people and members of minorities were more than three times as likely to go uncounted in the 2000 presidential election than the votes of more affluent people. (The New York Times, July 9, 2001. )

slide-3
SLIDE 3

Why HAVA IS Why HAVA IS Necessary Necessary

– The two districts with the highest rates of uncounted ballots, 7.9 percent, were in Chicago and Miami. Both are poor districts, and both used punch cards. – The Seventh District in western Alabama

  • where 31 percent of the people live in poverty and

68 percent are members of minorities,

  • the study found the lowest percentage of uncounted

ballots of the 40 districts surveyed, only 0.3 percent.

  • The Seventh District has modern voting technology.
slide-4
SLIDE 4

The Congressional Study Reveals Problems

– The study focused on 40 Congressional districts in 20 states. – It found that the type of voting equipment used was crucial.

  • Voters using punch-card machines were seven times as likely

to have their ballots discarded as those using machines that employ a special writing instrument and warn a voter if the ballot is about to be spoiled.

– Some analysts estimate that 1.9 percent or almost two million votes in the 2000 presidential race were not counted.

slide-5
SLIDE 5

What Is HAVA?

  • Perhaps the most important piece of

legislation affecting voting rights since the Voting Rights Act of 1965.

  • The Help America Vote Act was

signed into law by President George

  • W. Bush on October 29, 2002.
  • HAVA realigns authority and

responsibility for conducting elections to the state government instead of local government.

  • Additionally, some authority will also

shift to the federal level for enforcement of the new standards and procedures.

slide-6
SLIDE 6

Alabama’s Voting Machines

  • In Alabama, three types of machines are used.

– The most common are the electronic counting machines where ballots are hand marked and fed into the machine.

  • The vote totals for each machine are available on site, and

totals are taken to the courthouse, where they are added to results from other polling places.

– Seven counties have central counting systems where all the ballots are taken to the courthouse and then counted at that one location.

  • This system will be illegal under the new law, because there

is no way to provide a proper paper trail and no way to present the results at the polls where the voting is done and HAVA requires a paper count.

slide-7
SLIDE 7

Alabama’s Voting Machines

– Touch-screen machines are used in Mobile, Montgomery and Bullock counties.

  • Currently the touch-screen machines used do not

provide paper printouts. To be HAVA compliant they will need to do so.

slide-8
SLIDE 8

Alabama Compliance with HAVA

  • The Help America Vote Act contains federal mandates that are

phased in over a four year period. – All states including Alabama had a deadline of 2003 for the following:

  • Combine all local voter registration lists into a single state list made

available to local officials through an interactive computer network.

  • Require that voters who register by mail show identification before

voting in their next federal election.

  • Create a system of provisional voting where an individual’s eligibility

to vote must be verified before his or her ballot is counted.

  • Provide a single state office for military and overseas voters to

contact in order to get applications for voter registration or absentee voting; and

  • Offer voters greater information about the voting process and how to

file a complaint.

slide-9
SLIDE 9

Alabama Compliance Alabama Compliance with HAVA with HAVA

  • By the end of 2005, Alabama must:

– Replace mechanical lever voting machines in Bullock county; – Replace or modify voting machines in Mobile, Montgomery and DeKalb counties; – Replace centralized ballot counting systems in nine (9) counties; and – Place a modern computerized direct record voting machine in each precinct in the state capable of permitting persons with disabilities to vote without assistance – Place modern computerized direct record voting machines in each precinct which provides assistance for voting in an alternative language (e.g., Spanish). ( those counties whose voting age population exceeds 5% in that language group)

slide-10
SLIDE 10

HAVA Requirements: Deadline Jan. 1, 2006

  • Full implementation of HAVA is scheduled for 2006 and

the following requirements are to be in place for all voting systems: – In general, the voting system shall:

  • Permit the voter to view privately and independently

the votes he or she marked on the ballot before the ballot is counted;

  • Provide the voter the opportunity to privately and

independently change the ballot or correct any error before the ballot is counted. – This includes the opportunity to correct the error with a replacement ballot if the voter was

  • therwise unable to correct any error; and
slide-11
SLIDE 11

HAVA Requirements: Deadline Jan. 1, 2006

  • If the voter selects more than one candidate for

a single office:

– Let the voter know that more than one candidate was selected for a single office on the ballot; – Notify the voter before the ballot is counted of the effect of casting multiple votes for the office; and – Provide the voter with the opportunity to correct the ballot before it is counted. – The voting system shall ensure that any notification preserves the privacy of the voter and the confidentiality of the ballot.

slide-12
SLIDE 12

HAVA Requirements Deadline 2006

The voting system shall produce a record with an audit capacity for the system. –The record shall be a permanent paper record can be counted manually. –The paper record produced shall be available as an official record for any recount conducted with respect to any election in which the system is used.

slide-13
SLIDE 13

HAVA Requirements Deadline 2006

The voting system shall be accessible for individuals with disabilities, including accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation as

  • ther voters.
  • The scantron ballot also offers privacy to those

citizens who have difficulty reading but who are not visually impaired. The voting system shall provide alternative language accessibility if the county’s population of bilingual voters is 5% or greater.

slide-14
SLIDE 14

Meeting Language Requirements of HAVA

  • Alabama is presently exempt from the alternative

language requirements of the Voting Rights Act of 1965, but the Secretary of State anticipates achieving compliance with those requirements by January 1, 2006 anyway.

  • At present, 4 of Alabama’s 67 counties have populations
  • f Hispanic people which exceeds 5% of that county’s

voting age population. Full funding of HAVA is essential to Alabama’s ability to reach out to this growing sector of

  • ur population.
slide-15
SLIDE 15

Alabama’s Hispanic Population

Counties With Greater Than 5% Hispanic Populations Blount 5.3% DeKalb 5.6% Marshall 5.7% Franklin 7.4%

slide-16
SLIDE 16

HAVA Requirements

  • Each State shall adopt uniform and nondiscriminatory

standards that define what a vote is and what will be counted as a vote . – According to the Secretary of State’s office:

  • The optical scan (computer) voting system meets the general

requirements on privacy and independence. It also meets the audit capacity requirements.

  • Alabama plans to adopt a uniform style of voting by use of
  • ptical scan (computer) voting systems that are tabulated at

the each precinct.

  • The error rate of the voting system in counting ballots shall

comply with the error rate standards established under the voting systems standards issued by the Federal Election Commission.

slide-17
SLIDE 17

What Are Provisional Ballots?

  • If a voter arrives at the polls to vote, but his or her status as

a registered voter is in dispute, then the voter may vote using a special ballot called a provisional ballot.

  • A provisional ballot allows a citizen whose voting eligibility

is in question the opportunity to cast a vote.

  • HAVA requires a state to provide an individual the
  • pportunity to vote a provisional ballot

– If the individual believes that he is registered, but the person’s name does not appear on the list of qualified voters or; – When the individual arrives as the polls are closed and wishes to vote or; – When an election official asserts that the individual is not eligible to vote.

slide-18
SLIDE 18

Provisional Ballot Guidelines

  • The individual must indicate that he is a registered voter

in the precinct and eligible to vote in that election. The individual is then permitted to vote a provisional ballot.

  • The provisional ballot is not counted unless it is proven

that the individual is a registered voter and eligible to vote in that election.

  • Historically, Alabama has operated under a similar

system of “challenged ballots” wherein the vote is counted on election day but made identifiable so that the election count may be modified in an election contest.

slide-19
SLIDE 19

Provisional Ballots

  • Alabama legislation calls for a three day period after a

primary election and a seven day period in all other federal, state and county elections to verify provisional ballots.

  • It will be the role of the Board of Registrars in each

county to verify provisional ballots and to certify the verification of the provisional ballots to the Judge of Probate.

  • The Judge of Probate, the Sheriff and the Circuit Court

Clerk will have the responsibility of counting the provisional ballots and reporting those returns as though from an individual precinct within the county – similar to the manner in which absentee ballots are reported in Alabama.

slide-20
SLIDE 20

Voter Information At The Polls

  • HAVA requires that specific information be

posted at each polling place on election day.

– A sample version of the ballot that will be used for that election; – Information regarding the date of the election and the hours during which polling places will be open; – Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot; – Instructions for mail-in registrants and first-time voters; – General information on voting rights under applicable Federal and State laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and – General information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation.

slide-21
SLIDE 21

Computerized Voter Registration Lists

  • HAVA requires the state, to compile a single, official,

interactive and computerized statewide voter registration list. – This list is to be defined, maintained, and administered at the State level.

  • In Alabama, the Secretary of State’s office is in charge of

administration and maintenance of the voter list.

– It will contain the name and registration information of every legally registered voter in the State and will assign a unique identifier (pin number) to each legally registered voter in the State. – The computerized list shall serve as the official voter registration list for the conduct of all elections for Federal office in the State.

slide-22
SLIDE 22

Requirements for First-Time Voters

  • HAVA requires an individual who registers by mail

and who has never voted in the state before to provide specific identification before being permitted to vote.

– Possible identification includes a current and valid photo identification or a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter. – Alabama also recognizes the following exception that will provide official verification of identity:

  • If a driver’s license number or last four digits of a social

security number given by the applicant enables the registrars to verify the identity of the applicant via the computer link with the driver’s license database of the Alabama Department of Public Safety, the individual’s identity is established.

slide-23
SLIDE 23

Valid Forms of Voter Identification in Alabama

  • Medicare Care
  • EBT Card
  • Hunting License
  • U.S. Passport
  • Military I.D.
  • Birth Certificate
  • Naturalization Document
  • Adoption Record
  • Name Change Record
  • Other Government

Documents

  • Driver’s License
  • Employee Card
  • Student I.D.
  • Utility Bill
  • Bank Statement
  • Social Security Check
  • Veterans Check
  • Paycheck
  • Social Security Card
  • Medicaid Card
  • Fishing License
  • Gun Permit

Information provided by the Office of the Alabama Secretary of State

slide-24
SLIDE 24

What If the Registrars Cannot Identify the Voter?

  • If the registrars are unable to identify the voter,

they will note that the registered voter must provide identification at the next federal election.

  • If the individual has failed to provide the

required identification, the individual must vote

  • n a provisional ballot.
  • An absentee voter, subject to this requirement

may provide a copy of the identification as part

  • f the absentee voting process. Local election
  • fficials will track first-time voters and secure

the required identification.

slide-25
SLIDE 25

The Future of Voting Post-HAVA

  • The polling place is becoming much more

computerized and touch-screen computers being used in some locations. While touch-screen computers are more reliable than the older methods of voting, there are some areas of concern.

  • Voters should be aware of some of these

concerns as well as the advantages of computerized voting.

slide-26
SLIDE 26

What’s the Problem with Touch-Screen Voting?

  • What is the problem with electronic “touch

screen voting?”

– Some claim that electronic voting machines are subject to manipulation that will allow votes to be stolen, and that the only way to protect against this is to have a voter verified paper trail. – Several states that have implemented the use of touch-screen voting machines have had some problems, including California and Florida.

slide-27
SLIDE 27

Areas of Concern

  • The following areas have been identified as

possible areas of concern in the use of touch- screen voting machines:

– First, some say that a “Trojan Horse” computer chip

  • r special code could be installed in the voting

machine by the manufacturer or another “insider” that would cause votes to be incorrectly recorded. – Second, some suggest that the machine could be penetrated (“hacked”) or that the management security systems could be bypassed to allow an

  • utsider to manipulate the voting machine.

– Finally, some observers are concerned that linking voting machines electronically or using the Internet to transmit election results will allow results to be manipulated.

slide-28
SLIDE 28

DRE “Touch Screen” Voting

  • According to some sources as

researched by the League of Women Voters, there is no reason to believe that a well-run election system based

  • n direct recording electronic devices

will steal your vote.

  • In fact, modern voting systems like

these and precinct-count optical scan voting systems can be much better than the punch card voting machines and lever machines that they are replacing.

  • At the same time, the League of

Women voters believe it is important that election officials put management safeguards in place to ensure that all voting systems function properly.

Diebold AccuVote is

  • ne such device.
slide-29
SLIDE 29

The Advantages of a Direct Record Voting System

  • They can easily be adapted with earphones and other

devices so that persons with disabilities can cast ballots.

  • They are easily adapted for multiple languages.
  • They directly record votes so they provide accurate

counts, but there must be a paper record of all the votes cast on each voting system.

  • They provide for “second chance” voting in private, so

that a person who makes a mistake in voting can automatically be notified and make a correction to the ballot before it is cast.

slide-30
SLIDE 30

The Advantages of a Direct Record Voting System

  • In the case of an “over-vote,” where a person mistakenly

votes for more than one candidate for an office such a President, the machine can automatically prevent the error in the first place

  • Studies indicate a high degree of acceptance of these

machines by voters of all ages and ethnic and racial backgrounds, who have used them.

  • Direct Record Electronic devices also reduce many of

the operational problems in handling paper ballots that have sometimes led to election irregularities. (i.e. chads)

slide-31
SLIDE 31

Safeguards Against a Malfunctioning Direct Record Voting Machine

  • Voting machines are scrutinized by state
  • fficials and computer specialists before

a machine is certified for use in their states.

  • Voting machines are also tested to guard

against malfunctions, and management systems guard against error and ensure that unauthorized personnel do not have access to the machines.

slide-32
SLIDE 32

Testing the Direct Record Voting Machines

  • Testing and monitoring typically occurs many times in well-

run systems: – First, voting machines must meet nationally certified design standards in most states. – Second, the individual machines are tested when they are delivered by the manufacturer to election officials. – Third, the machines are tested just before Election Day. – Fourth, and especially important, the machines are monitored during Election Day. Finally, the machines are tested after Election Day. – Security measures prevent tampering after each stage

  • f the process. Each of these tests helps guard against

the use of a malfunctioning machine, and, taken together, suggests a high degree of reliability. – Of course, as with any system, if the safeguards are not followed, then problems can result.

slide-33
SLIDE 33

So Why the Controversy?

  • Concern about electronic voting machines taps into deep

reservoirs of distrust in the voting public:

– distrust of the election systems that were so flawed in 2000, – distrust of new technologies; and – basic distrust of the political system.

  • Many Americans became deeply concerned after the

2000 election revealed the problems that plague our election systems.

  • “Hanging chads” were just part of the problem as

Americans learned about such issues as voting machines that don’t work well, poor ballot design, and people being turned away from the polls because of poor administration

  • f voter rolls, including erroneous purging.
slide-34
SLIDE 34

So Why the Controversy?

  • In addition, many people are uncomfortable with or

distrustful of new technologies, even though we rely on such technologies to fly our airplanes and operate our banking systems so long as there are appropriate management systems to provide safeguards.

  • Computer specialists with limited experience with election

systems have focused narrowly on the machines themselves without taking into account the management systems and safeguards that can protect against tampering and without acknowledging the problems associated with other voting systems such as punch-card machines.

  • Most recently, states that have begun to use touch-

screen computers have experienced glitches that caused concern over their accuracy and dependability.

slide-35
SLIDE 35
  • For more information on Direct Record Electronic Voting

Systems and the current controversy see: http://www.lwv.org/join/elections/HAVA_QAonDRE.pdf http://www.lwv.org/join/elections/hava_dre_crs-report.pdf http://www.lwv.org/join/elections/hava_dre-vvpt.html http://www.lwv.org/join/elections/hava_eacletter_1203.htm l

For More Information

slide-36
SLIDE 36

Reference Sources

  • Final Draft of Alabama State Plan for Compliance of HAVA

Requirements, presented by Nancy Worley, Alabama Secretary of State, August 19, 2003. http://www.sos.state.al.us/downloads/election/hava/alabama- stateplan-final.pdf

  • Changes in voting laws are in place, by Tommy Stevenson,

Associate Editor, The Tuscaloosa News, December 07, 2003

  • Helping America Vote, League of Women Voters Publication

# 2061

  • Emerging Issues in Election Reform, Sponsored by the

McCormick Tribune Foundation and The League of Women Voters

  • Recommendations on Implementation of the “Help America

Vote Act.” Leadership Conference on Civil Rights, http://www.demos-usa.org/demos/hava/eightpagememo.pdf