In Focus This Week
After Federal Reform, Elections Substantially Changed; But Improved?
electionline.org report examines first five years of the Help America Vote Act
A new report from electionline.org finds that in the five years since President George W. Bush signed the Help America Vote Act (HAVA) into law, election administration in this country has undergone profound change but has not necessarily raised the confidence of the American public.
Enacted in 2002 to address the problems revealed by the disputed 2000 presidential vote, HAVA is Congress’ largest investment in election reform. The Act devoted $4 billion in federal funds to replace punch card voting machines, develop state voter registration databases and establish the U.S. Election Assistance Commission.
“HAVA undoubtedly brought the change to American elections that many sought after the 2000 election.” said Doug Chapin, director of Pew’s electionline.org. “But the public’s lingering concerns over electronic voting, partisan disputes over voter ID and other issues continue to plague America’s election system.”
Marking the legislation’s fifth anniversary, electionline.org, a project of The Pew Charitable Trusts’ Center on the States, reviews the successes and limitations of HAVA to date. Key findings include:
- More than $3 billion in federal funds – the largest federal investment in election administration ever made – has been distributed to states. However, the U.S. Election Assistance Commission, the agency responsible for distributing funds and offering guidance, got a late start on its work and has recently come under fire for its handling of research into voter identification rules and voting system testing. States and localities are also still waiting for the last $800 million of federal funds promised by HAVA.
- Enforcement of HAVA mandates, including the creation of statewide voter registration databases, accessible voting machines in each polling place, provisional voting and identification requirements for some first-time voters, has resulted in litigation. The U.S. Department of Justice has sued four states for HAVA non-compliance with the Act’s voting machine and database mandates – again with mixed success in forcing compliance.
- Efforts to pass more stringent voter identification rules in the states – perhaps the most contentious issue in election administration – were given a boost by HAVA’s inclusion of a narrow ID requirement for some first-time voters as the result of a compromise between Republican and Democratic lawmakers. Since HAVA’s passage, a dozen states have enacted ID rules more stringent than the federal requirement, doubling the number of states where voters must show ID.
- Photo-only ID rules have been enacted in Georgia and Indiana in recent years, prompting a closely-watched legal challenge that will be heard by the U.S. Supreme Court in January 2008.
- Doubts over voting machines have grown since 2000. While a federal buyout consigned most punch-card and lever voting systems to the scrap heap, the touch-screen electronic voting machines intended to replace them have faced a steady barrage of criticism from computer scientists, voter integrity groups and other organizations. After the implementation of thousands of paperless electronic machines across the country, a movement is afoot to return to paper. Many counties in Florida will unplug touch-screen machines for good in 2007 and use paper-based optical-scan systems in 2008 – with jurisdictions elsewhere considering whether to follow suit.
- Of those states that have opted to keep electronic voting, many have added printers allowing for voter-verified paper audit trails.
HAVA has also prompted ingenuity, for example:
- Facing requirements for accessible voting systems, polling places and staffing shortages, one Colorado county election official came up with the idea of election day vote centers, whereby any voter in the jurisdiction could go to any polling location – whether or not as close by as a neighborhood precinct – to cast a ballot. The idea has spread throughout Colorado and is now being tested in other states as well.
- The vote-by-mail system, an alternative to the polling place embraced by Oregon, has become increasingly popular in other Western states and localities.
- Georgia, Maryland, North Carolina and Colorado have implemented—with varying degrees of success—electronic poll books, which allow instant on-site access at polling places to statewide registration systems and program voter-specific ballot information.
Early voting in person at centralized polling places has increased since HAVA’s passage. In 2008, 35 states will allow all voters some option to cast ballots before Election Day. In fact, with the prevalence of early voting, voters in an estimated 12 states could cast ballots before voters in New Hampshire residents take part in the “first in the nation” primary in January.
“Five years after the enactment of the Help America Vote Act, we can say with certainty that HAVA had a profound impact on the American system of elections,” Chapin observed. “In 2008, we will find out if the system has been improved – or merely changed.”
Election Reform News This Week
- A state audit released this week finds that Wisconsin’s statewide voter registration database will not be properly functioning in time for the February primary and may not function properly by the November general election. According to the Milwaukee Journal-Sentinel, the audit said the biggest problem is that the voter registration system cannot access other state records that could catch voter fraud – including Department of Corrections records on felons, death certificates on file with the state Department of Health and Family Services, and Department of Transportation records on drivers. According to the audit the state Board of Elections is considering a lawsuit against Bermuda-based Accenture which was paid more than $22 million to create the system.
- Because of the prolong wrangling over the Michigan presidential primary, some county elections officials are concerned that Michigan troops stationed in Iraq, Afghanistan and other overseas bases may not receive their ballots in time to be counted as part of the January 15 primary. “It probably means that a lot of those (military) ballots won’t get back to us in time to count,” St. Clair Shores City Clerk Mary Kotowski told the Macomb Daily. “We will do everything we can … but it’s going to be a real tight fit.” E-mails and faxes could shorten the two-step process but Roger Cardamone, chief elections clerk for Macomb County, worries that some troops in combat situations in Iraq and Afghanistan may not have access to those technologies.
- Just as a team of nine investigators from the U.S. Government Accountability Office is prepared to begin testing electronic voting machines in Sarasota County, Fla., the losing candidate at the center of the voting machine controversy has withdrawn her lawsuit disputing the outcome of the November 2006 election. “By standing with the voters of District 13 to make sure their concerns were heard, we achieved the goal of having Sarasota County’s voting machines independently tested,” Jennings wrote in a statement released to the Bradenton Herald. “Because we accomplished this important step for reliable elections, there was no reason to continue litigation within the Florida courts.”
- Nelson County, N.D. is joining the ranks of localities considering moving local elections to an all vote-by-mail system. The county is holding two public meetings this week to inform the public and to take questions about the process. According to the Grand Forks Herald, if approved the county would still keep one central polling place, most likely the county auditor’s office.
Opinions This Week
National: Voting rights, Presidential primary, II, Weekend elections
California: Voting system, Los Angeles County
Florida: Palm Beach County, Voter turnout
Indiana: Vote centers
Massachusetts: Elections integrity
Michigan: Presidential primary, II
New Hampshire: Presidential primary
Ohio: 2004 election, Voter participation
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Job Postings This Week
All job listings must be received by 12 p.m. Eastern on Wednesday for publication in our Thursday newsletter. Job listings are free but may be edited for length. Whenever possible, include Internet information. Please email job postings to mmoretti@electionline.org
Project Manager — The Pew Center on the States. Project manager will assist in developing and executing strategic and operational plans for the Make Voting Work project. The project operates in a highly collaborative environment that emphasizes teamwork and values input from a variety of perspectives. The project manager will be expected to contribute at multiple levels, taking lead responsibility for the design and implementation of certain activities, assisting in the execution of other activities, and filling in on duties where needed. The ideal candidate will have an educational and employment background in public policy or a related field, deep knowledge of the election system, and work experience undertaking projects involving many partners, complex issues, extensive writing, and live presentations. The candidate preferably will have experience at the state or federal level with issue campaigns, communications strategies, and grassroots or grasstops organizing. Qualifications: At least eight years of experience in the public policy arena, with a working knowledge of election administration issues. Experience working with state and federal policymakers, election officials, researchers and other stakeholders is strongly preferred; Masters or other advanced degree in a relevant area or equivalent experience preferred; Demonstrated strong analytical skills applied to public policy issues, including an ability to synthesize and summarize large amounts of information and to focus quickly on the essence of an issue. Strong systems skills including Microsoft Office products; Experience convening groups of policymakers, researchers, other professionals, and constituencies, and supporting their efforts to move toward a desired outcome. Application: Melissa Rosen, Manager, Human Resources, The Pew Charitable Trusts, One Commerce Square, 2005 Market Street, Suite 1700, Philadelphia, PA 19103-7077 or e-mailed to: recruiter@pewtrusts.org. Web site: www.pewtrusts.org
Voting Rights & Civil Rights Coalition Coordinator — FairVote is one of the nation’s leading democracy organizations, with a particular focus on bold, change-oriented electoral reforms. With the 2008 presidential elections looming, FairVote is launching the Democracy SoS project to bring transparency and public awareness to the actions of Secretaries of State and other chief election officials in states and promote democracy coalitions to achieve fair elections. By surveying the opinions of sitting and prospective officials, as well as by researching their past actions, we hope to work with state and national reform organizations to ensure that voters are both protected on and before Election Day and are able to make well-informed decisions when given the opportunity to select their Secretary of State. Duties: Recruit and work with a broad array of local, state and national organizations to conduct research, media outreach, grassroots activity, and education on key voting/election issues impacted by Secretaries of State; coordinate development of research, survey, issue prioritization and voter guides in target states and offices; develop of educational materials, a project website, brochures, and other materials; serve as primary point of contact for project, including coordinating media inquiries. Qualifications: We seek an applicant eager to work in our organization, and, ideally, with the at least some of the following skills and experience: Well-organized and detail-oriented, able to work on tight timelines; experience in a nonprofit, political, or policy organization preferable; coalition-building and organizing experience; passion for electoral reform and civil rights; strong public speaking, research, and writing skills; ability to work well in a team environment, with a sense of humor. Salary: Salary commensurate with experience. Health, dental, and life insurance benefits provided in first year, with a retirement plan after one year. Application: Resume, cover letter and writing sample, including at least two references who can speak to your relevant skills. Please send materials to hr@fairvote.org Deadline: December 21st.