HELP AMERICA VOTE ACT
Direct Recording Electronic (DRE) Voting Machines
DIRECT RECORDING ELECTRONIC (DRE) MACHINES SECURITY ISSUES
DRE VOTING MACHINES
HELP AMERICA VOTE ACT OF 2002
Help America Vote Act (HAVA) impacts every part of the voting process, from voting machines to provisional ballots, from voter registration to poll worker training.
To be eligible for the federal funds necessary to implement the law, states must meet new federal requirements, including statewide computerized voter lists, "second chance" voting, provisional ballots and disability access. They must design a plan, pass enabling legislation this year, and appropriate a small amount of state funds.
Although full implementation of all the features of HAVA will evolve over several years, many of the most important policy and financial decisions will be made in the next three years by state and local governments.
It is vitally important that state and local leagues play a role in shaping those decisions in the best interests of the citizens and their jurisdictions.
HAVA SUMMARY
HAVA, a major piece of legislation, authorizes funds to each state to improve the operation of elections, moves much of the responsibility for elections from the local level to the states and creates a new federal commission, the Election Assistance Commission (EAC). It also requires states to make many changes, but gives them much leeway in how they comply.
The actual legislation is lengthy and contains numerous provisions. Highlights are:
- Establishes, a federal commission, the Election Assistance Commission, which will develop voluntary guidelines for voting systems, administer federal election grants programs, test and certify voting systems, and study election issues.
- Authorizes grants to the states to implement the statewide voter list, provisional ballots, disability access, purchasing of new voting systems, training poll workers, and carrying out voter education.
- Authorizes grants to the states to buy-out punch-card and lever machines.
- Requires states to provide voters an opportunity to check for and correct ballot errors in a private and independent manner ("second chance voting").
- Requires states to have at least one voting machine per precinct that is accessible to the disabled.
- Requires states to provide provisional ballots to anyone who requests one.
- Requires states to maintain and implement an accurate computerized voter registration list that includes all eligible voters and guards against erroneous purges.
TITLE III - HAVA H.R. 3295
The meat of this new legislation is in its Title III: Uniform Non-Discriminatory Election Technology and Administration Requirements.
The following are excerpts from the 10/8/02 Summary of the Conference Report on HAVA 2002.
Subtitle A: Requirements
(Sec. 301) - Requires each voting system used in an election for Federal office, while maintaining voter privacy and ballot confidentiality, to:
- permit the voter to verify the votes selected by the voter on the ballot before the ballot is cast and counted;
- provide the voter with the opportunity to change the ballot or correct any error before the ballot is cast and counted; and
- if the voter selects votes for more than one candidate for a single office, notify the voter that more than one candidate for office has been selected and of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.
Creates an exception for a State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system to meet such requirement by establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office and providing the voter with instructions on how to correct the ballot before it is cast and counted. Requires the voting system to:
- produce a record with an audit capacity for such system;
- be accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation as for other voters;
- provide alternative language accessibility pursuant to the Voting Rights Act of 1965;
- comply with established error rate standards; and
- operate according to a uniform definition of what constitutes a vote.
(Sec. 302) Provides for provisional voting by individuals who declare that they are registered to vote in a Federal election in a jurisdiction but who are not on the official list of registered voters or are otherwise alleged to be ineligible. Requires that:
- such individuals be permitted to cast a provisional ballot;
- the ballot be promptly verified and counted if determined to be valid under State law; and
- the voter be able to ascertain whether the vote was counted, and, if the vote was not counted, why it was not counted.
Declares that States that do not require voter registration for Federal elections may meet these provisional voting requirements using voter registration procedures established under applicable State law.
Requires:
- a sample ballot and other voting information to be publicly posted at each polling place on the day of each election for Federal office; and
- that if polling hours are extended as a result of a court order any individual who votes during the extension will vote by provisional ballot and the ballot cast shall be held separate from other provisional ballots cast by those not affected by the order.
(Sec. 303) Requires each State without voter registration requirements for Federal elections to implement a single, uniform, official, centralized, interactive computerized statewide voter registration list that contains the name and registration information, including a unique identifier, of every legally registered voter in the State to serve as the official voter registration list for the conduct of all elections for Federal office in the State.
Requires the appropriate State or local election official to perform list maintenance with respect to the computerized list on a regular basis and to provide adequate technological security measures to prevent unauthorized access to the computerized list.
Requires the State election system to ensure that voter registration records in the State are accurate and are updated regularly. Prescribes minimum requirements for verification of voter registration information, including driver's license number or the last four digits of a Social Security number.
Requires voters who register by mail to present a current and valid photo identification when voting in person, or if voting by mail, to enclose a copy of such identification or of a current utility bill, bank statement, or government document showing name and address.
Requires that mail-in voter registration forms developed under the National Voter Registration Act of 1963 include questions requiring voters to verify that they are U.S. citizens and old enough to vote.
Requires States to notify voters who fail to complete the question on citizenship and provide them with an opportunity to complete the form before the next Federal election.
(Sec. 304) States that the requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a State from establishing stricter election technology and administration requirements so long as they are not inconsistent with requirements under this title or specified Federal law.
ADDITIONAL HAVA TITLES OF INTEREST
Title II: (Sec. 201) Establishes the Election Assistance Commission as an independent entity to serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of
Federal elections. Authorizes appropriations for FY 2003 through 2005.
(Sec. 211) Establishes the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors to review the voluntary voting system guidelines
developed under Part 3 of this title.
(Sec. 221) Establishes the Technical Guidelines Development Committee to assist the Executive Director of the Commission in the development of the voluntary voting system guidelines.
Title IV: Enforcement
(Sec. 401) Allows for civil action by the U.S. Attorney General against any State or jurisdiction to carry out the uniform and non-discriminatory election technology and administration requirements of Title III.
(Sec. 402) Requires:
- States receiving payment under this Act to
- establish and maintain State-based administrative complaint procedures with respect to violations of Title III; and
- States not receiving payment either to certify that they meet complaint-procedure requirements or to submit a plan to the Attorney General describing steps to be taken to meet Title III requirements. Provides that States without an approved plan shall be deemed to be out of compliance with the requirements.
Title V: Help America Vote College Program
(Sec. 501) Requires the Election Assistance Commission to develop a Help America Vote College Program to:
- encourage students enrolled at institutions of higher education to assist State and local governments in the administration of elections by serving as nonpartisan poll workers or assistants; and
- encourage State and local governments to use the services of the students participating in the Program. Authorizes appropriations.
Title VI: Help America Vote Foundation
Establishes the Help America Vote Foundation as a federally chartered, charitable, and nonprofit corporation to implement the above Help America Vote College Program.
Title VII: Voting Rights of Military Members and Overseas Citizens
Defines the requirement of the various military
departments in regard to responsibilities for handling absentee ballot voting with a goal of promoting participation of overseas military and their dependents.
Title IX: Miscellaneous Provisions
(Sec. 903) Amends the National Voter Registration Act of 1993 to make it explicit that State election officials have the ability to remove from the voter registration list the name of an individual who has not responded to a notice from the registrar of voters and who has not voted in two or more consecutive general elections for Federal office.
(Sec. 904) Requires the Attorney General to review existing criminal statutes and report to specified congressional committees on:
- whether additional statutory offenses are needed to secure the use of the Internet for election purposes; and
- whether existing penalties provide adequate punishment and deterrence with respect to such offenses.
(Sec. 905) Provides for other criminal penalties for conspiracy to deprive voters of a fair election and for false information in registering and voting.
SECURITY ISSUES CONCERNING DIRECT RECORDING ELECTRONIC (DRE) MACHINES
As a part of the implementation of HAVA various kinds of DRE voting equipment have been proposed.
The possibility of fraud resulting from the use of DRE voting machines has been a topic of discussion as part of the implementation of the new Help America Vote Act. In an effort to address the concerns that have arisen, the League has considered expert opinions from all sides of the debate.
First, it is important to consider the concerns in the full context of election reform efforts. The MIT/CalTech study following the 2000 election indicated that voter registration issues are the number one problem in election reform. Problems with voting systems (machines, such as punch card and lever systems) properly recording the voter's intent were a close second.
The League has focused its HAVA implementation work on achieving practical solutions to the most important problems: accurate and accessible registration lists, protections against erroneous purges, provisional balloting systems that protect the right of every eligible voter to cast a ballot and have it counted, machines that protect the right of people with disabilities to cast an independent and secret ballot, poll worker training that is adequate and uniform, and machines that assist individuals with limited English.
It has been suggested that DRE machines are inherently subject to fraud unless there is an individual paper record of each vote. This seems extreme. DREs are sophisticated machines and most DREs store information in multiple formats and in multiple places within its program. To tamper with a DRE, someone would need to know each and every format and storage capacity and be able to manipulate it undetected. Additionally, it must be remembered that DREs are not an election system unto themselves; they are simply an instrument within a complex election system. The key is to design an overall system that builds in multiple checks making it probable that the system will be tampered-proof.
In Summary
The LWVUS does support an individual audit capacity for the purposes of recounts and authentication of elections for all voting systems, including, but not limited to, DREs. The LWVUS does not believe that an individual paper confirmation for each ballot is required to achieve those goals. An individual paper confirmation for each ballot would undermine disability access requirements, raise costs, and slow down the purchase or lease of machines that might be needed to replace machines that don't work. Experts that the LWVUS consulted say that there are many safeguards other than an individual ballot paper confirmation that can protect the integrity of the ballot and other issues are far more important in safeguarding our election systems.
PRESENT OHIO STATUS
The Ohio Election Advisory Committee issued a Report Plan in June 2003. Citizen input was represented on the Committee by an Ohio Citizen Action appointee. The LWVO testified. The Plan must be reviewed by the federal Election Assistance Commission. Therefore, there is not a current bill pending in Ohio for implementation of HAVA. However, parts can be covered by administrative action. The Ohio Voter (Summer 03) describes Ohio's compliance with various sections of HAVA so far.
On August 15, 2003, Secretary of State Ken Blackwell announced that he would delay his final decision on Ohio equipment until all systems could be reviewed for security concerns by outside consulting firms.
FUNDING
The HAVA legislation is to be funded 95% by the federal funds, 5% by state. Ohio is scheduled to receive $150 million under the appropriation formulas in the law which are based on voting age population, number of qualifying precincts that need to replace punch cards or lever voting equipment. The Ohio legislature has appropriated its share.
The Hamilton County Board of Elections director believes the county should get $9 million under the formula. Additional money from the county General Fund may be required to purchase equipment beyond that addressed in the federal formula to avoid long voting delays at the precinct and to insure adequate staff, pollworker training and voter education.
IMPLEMENTATION STEPS REQUIRED
As of September 15, the following steps need to be taken to allow the implementation of HAVA in Ohio.
- The Federal Election Assistance Commission or another designated agency must review/approve Ohio's plan.
- The Ohio Secretary of State must announce the results of the security review of the systems.
- Hamilton County must choose a voting machine system from the Secretary of State's list and decide on a time schedule to begin its use - March 2004 Primary or November 2004
- Presidential Election or delay change-over until 2005 or 2006.
- Congress must release the money to the states. Ohio legislature must release money to the county. County budget must allow for necessary additional funds.
DIRECT RECORDING ELECTRONIC (DRE) VOTING MACHINES
Types of DREs being looked at locally.
The Hamilton County Board of Elections is preparing for a switch-over to DRE voting equipment as directed by the HAVA legislation. Four vendors, who are contending for state certification, made presentations to the Board in late July and early August. Some League members had the opportunity to try out the following machines.
iVotronic
(Electronic Systems and Software E.S. & S.)
Type: Touch screen activated by a poll worker with a programmed hand held pack.
Voting procedure: Voter touches box after candidate's name. No over-votes are possible because names disappear after proper number of choices are made. Retouch brings back all choices. A "Vote" light and button off-screen casts the final ballot.
Tabulation: Done by a master pack inserted in each unit at the end of day.
Absentee voting: The system can create a ballot on demand for absentee voting. Absentee voting is done on a pencil marked ballot and read by optical scan.
Other features: The screen section of unit can be lifted out and taken to the curbside. Unit weighs 14 lbs.
AccuVote-TS
(Diebold Elections Systems)
Type: Touch screen activated by a programmed card inserted by the voter. Card can be reprogrammed for reuse. Has an easy to read screen with 2 or 3 races per page.
Voting procedure: Touch choice, vote button on screen. Review screen shows under-voted races. No over-voting is possible because choices disappear after correct number has been selected. A misvote can be canceled by a retouch.
Absentee voting: A separate GEM unit can manufacture ballots on demand for absentee voting at the Board of Elections. Ballots are marked by pencil and read by a digital light scanning system.
Other features: Screen section can be lifted out of the booth for curbside or absentee voting at nursing homes. The system does not require controlled storage or battery recharging. The Diebold system was purchased and used in Georgia in Nov. 2002. It was also used in special elections in Norwood and St. Bernard in Feb. '03.
AVC Edge
(Sequoia Voting Systems - DeLaRue)
Type: Touch screen activated by a reusable card programmed to produce the correct ballot for the precinct.
Voting procedure: Voter touches name on ballot screen. It has a ballot review screen and a "vote" button to cast a completed ballot after voter review.
Tabulation: Votes are tabulated on a disk which can also print out paper results. Has cartridge, printer and paper tape inside machine.
Absentee voting: Paper ballots with optical scan tally.
Other features: The booth is on rollers so it can be taken curbside by 2 workers if necessary. Storage in five unit tack with units daisy-chained to require one electric outlet.
eSlate 3000
(Maximus/Hart Intercivic DFM Associates)
Type: Instead of a touch screen, it uses a rotary optical recorder, a dial, to select and light up a section of the screen to vote.
Voting procedure: A presiding judge at each polling place has a computer which prints out a random number for each voter on a slip of paper. The voter dials the number to get proper ballot screens and dials to light up his choice, presses "enter" button on unit to make choice.
Tabulation: Three copies of vote count from the machine.
Absentee voting: Offers ballot on demand feature for absentee voting at Board of Elections and digital imaging scanning, not optical scan.
Other features: Equipment does not require temperature controlled storage or battery recharging before elections. In use in Harrison County, Houston; used locally at the August 4, 2003 Special Election in Lockland.
All vendors offer various adaptations for handicapped voters, i.e. audible and Braille instructions, large print option, tilted screens. They offer extensive plans for poll workers, staff training and voter education.
Each vendor was questioned about capability to handle proportional voting; all had the necessary software under research.
SOURCES
"Advocates Guide to the Help America Vote Act of 2002." League of Women Voters: Where We Stand. 3/6/03 http://www.lwv.org/where/promoting/votingrights_hava_advocatesguide.htm
"Bill Summary as of 10/8/2002 H.R. 3295."
THOMAS - U.S Congress on the Internet
http://thomas.loc.gov/
"Direct Recording Electronic (DRE) Voting Machines and HAVA Implementation." League of Women Voters: Elections & Voting. http://www.lwv.org/join/elections/hava_dre.html
"HAVA Aims to Improve Election Laws, Voting Process." Ohio Voter Summer 2003: 1+.
"Ohio Election Advisory Committee" http://serform2.sos.state.oh.us/sos/hava/
"Recommendations on Implementation of the 'Help America Vote Act'." League of Women Voters: Where We Stand.
http://www.lwv.org/where/promoting/votingrights_hava_drevm.html
Senecal, Jeanette. "HAVA: Making it Easier to Vote." National Voter May/June 2003: 14.
Warren, Tracy. "Election Reform: What's Next?" National Voter Jan/Feb. 2003: 6+
http://www.lwvohio.org/action.htm
September 2003
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