electionline Weekly

In Focus This Week Part II

EAC installs new officers, looks ahead
Voting system certification also discussed

By Kat Zambon
ElectionlineWeekly

The U.S. Election Assistance Commission (EAC) met this week to install Gineen Beach, former minority elections counsel on the Committee on House Administration, as chair and Gracia Hillman, commissioner since December 2003, as vice chair. Beech was sworn in by Rep. Vernon Ehlers, R-Mich., former House Administration committee ranking member.

After being sworn in, Beech thanked Ehlers for his support. “I will certainly miss not seeing you at the Committee on House Administration, especially when we have to go before the committee,” she said.

Economic concerns were on the minds of many and Beach said the state of the economy will make it challenging for the EAC to accomplish everything that they hope to do this year, but she encouraged the commissioners to consider cost-effective approaches such as utilizing working groups.

Tom Wilkey, EAC executive director said that they hope to have new voting systems approved within months, though “with the economy looking the way it is right now, it’s hard to predict” if counties will get new systems.  Brian Hancock, EAC testing and certification director said some counties are waiting for specific systems to receive EAC certification. 

Beach also said that voting system certification remains an EAC goal for 2009. MicroVote’s Election Management System has completed its initial step towards receiving an EAC certification, Hancock said. A December 31 letter from Hancock to Bernie Hirsch, MicroVote software development director, spelled out the documentation needed to complete the process.

“We’re very excited about the first voting system certified by EAC,” Hancock said. “EAC is working very hard to move products through the certification process.”

Rosemary Rodriguez, EAC commissioner and former chair said once a few systems are certified, she would like to meet with the manufacturers of the newly certified systems. “I want to know what it was like to go through our program,” she said.

Hancock also discussed the EAC’s January meeting in Miami, which had about 90 participants from 40 states, on the cost of testing and the united testing initiative, a pilot program to decrease the redundancy between state and federal voting system testing. Six states – California, Georgia, New York, North Carolina, Ohio and Pennsylvania – agreed to participate. EAC is in the process of posting all of the materials and transcripts from the meeting on their Web site.

The EAC’s next public meeting on their calendar is a standards board meeting in Orlando, Fla. February 26-27.

Election News This Week

•       Things got more interesting in Hillsborough County, Fla. this week when in a harsh, 28-page report, auditors said former Hillsborough Elections Supervisor Buddy Johnson broke state law by overspending his budget by nearly $1-million, mishandled grant money, and failed to provide adequate oversight of finances within his office. According to the St. Petersburg Times, the Ernst & Young audit shows Johnson overshot his general budget by $942,022. That’s on top of an unpaid $2.1-million bill to Premier Election Solutions for optical scan voting equipment — despite the fact that money for the equipment had already been appropriated by the county and state. Johnson’s successor, Phyllis Busansky, told the paper that she will seek another audit to unearth more details about the deficit. Also, she will ask Hillsborough County Commissioners today for $2-million to pay off Premier.

•   The second week of the Senate recount trial in Minnesota got underway this week and on Tuesday, a three-judge panel allowed Republican Norm Coleman to bring evidence to trial that as many as 4,800 absentee ballots were wrongly rejected and should now be counted. The decision expands the evidence that can be considered in the recount trial, giving Coleman the opportunity to put more ballots into play in his effort to erase a 225-vote lead for DFLer Al Franken. According to the Minneapolis Star Tribune, in the ruling, the judges said they will focus on rejected absentee ballots cast by voters who complied with the requirements of Minnesota election law or failed to comply because of mistakes by local elections officials. The panel of district judges also rejected Coleman’s bid to automatically count thousands of rejected absentee ballots without his needing to take his case to trial. In denying Coleman’s request to automatically count such ballots, the panel said, “There is insufficient evidence before the court at this stage.” The judges said the Coleman campaign “will have the opportunity to present competent evidence to the court and may introduce disputed rejected absentee ballots into evidence in their case.”

•   In personnel news this week, Missouri Secretary of State Robin Carnahan announced that she intends to run for the U.S. Senate in 2010. According to the Associated Press, Carnahan can run for the Senate without giving up her seat as secretary. Connecticut’s Susan Bysiewicz joins Georgia’s Karen Handel in attempting to make the leap from Secretary of State’s office to Governor’s office. Bysiewicz had considered running for governor in 2004, but held off the Middletown Press said, opting to run again for secretary of the state instead, with the intention of being around to assure a smooth transition to the new voting machines. Since that has been accomplished, Bysiewicz said she is ready to run for governor. And with about half of the votes counted, incumbent Sherrill Huff had a commanding lead in the first ever all vote-by-mail election to be King County, Wash.’s elections director. The top vote-getter in the unusual no-primary, winner-take-all election will serve through 2011. Subsequent four-year terms will be filled by the regular method of a primary followed by a general election.

•   According to the American Civil Liberties Union and the Native American Rights Fund the state of Alaska failed to provide enough translation help for Yup’ik speaking voters last year during three separate elections, violating a court order that it make significant improvements. The Anchorage Daily News reports that lawyers for Yup’ik speakers say the state had problems translating ballots into Yup’ik. For example, the state’s translation for the predator control initiative used the word “takukaq.” In one Yup’ik dialect, that means “brown bear” but in a coastal dialect, it means “seal,” the lawyers argued. “As a result, voters on the coast (a predominately Yup’ik-speaking area) read a ballot that indicated seals would be shot because they had been consuming too many moose calves and were depleting the population — a nonsensical prospect,” lawyers wrote in a motion filed in U.S. District Court last week. State election officials said they couldn’t respond to specific concerns because of the ongoing lawsuit. But generally, the state worked hard to improve the system fast, said Shelly Growden, the state elections systems manager. The state hired a full-time language coordinator who is fluent in Yup’ik, made an initial run at a Yup’ik glossary and recruited bilingual poll workers and translators and paid them to put out announcements in Yup’ik over VHF radio. “We don’t have our head in the sand. We want to make improvements,” Growden said.

Research & Report Summaries

electionline provides brief summaries of recent research and reports in the field of election administration. Please e-mail links to research to sgreene@pewtrusts.org.

Voter-ID Issues in Politics and Political Science – PS: Political Science and Politics, January 2009: The January 2009 issue of the American Political Science Association’s PS: Political Science and Politics includes a symposium on voter identification. Ten articles, including guest editor Richard Sobel’s introduction and overview, examine the impact of state voter identification laws and discuss potential areas of focus for future research.

• Voter-ID Issues in Politics and Political Science – Richard Sobel, Northwestern University
• What We Know about Voter-ID Laws, Registration, and Turnout – Marjorie Randon Hershey, Indiana University
• The Historical Context of Voter Photo-ID Laws – Chandler Davidson, Rice University
• Litigating the Indiana Photo-ID Law: Lessons in Judicial Dissonance and Abdication – William R. Groth, Fillenwarth, Dennerline, Groth & Towe, LLP
• Demands for Voter Identification Require a Constitutional Standard of Reasonable Suspicion of Illegal Activity – Robert Ellis Smith, Privacy Journal, Richard Sobel, Northwestern University
• Voter-ID Laws Discourage Participation, Particularly among Minorities, and Trigger a Constitutional Remedy in Lost Representation – Richard Sobel, Northwestern University, Robert Ellis Smith, Privacy Journal
• The Disproportionate Impact of Voter-ID Requirements on the Electorate—New Evidence from Indiana -Matt A. Barreto, University of Washington, Stephen A. Nuño, Northern Arizona University, Gabriel R. Sanchez, University of New Mexico
• Voter-Identification Requirements and the Learning Curve – Timothy Vercellotti, Western New England College, David Andersen, Rutgers University
• The Empirical Effects of Voter-ID Laws: Present or Absent? – Jason D. Mycoff, University of Delaware, Michael W. Wagner, University of Nebraska, David C. Wilson, University of Delaware
• Effects of Identification Requirements on Voting: Evidence from the Experiences of Voters on Election Day – Stephen Ansolabehere, Harvard University

Additionally, the journal has a symposium on Reforming the Presidential Nomination Process.

Voter Registration and Institutional Reform: Lessons from a Historic Election – Daniel P. Tokaji, The Ohio State University, Moritz College of Law, Harvard Law and Policy Review Online, Jan. 22, 2009: A decisive presidential election masked some serious challenges facing America’s election infrastructure, including problems with the voter registration process, according to Tokaji. A historical background on voter registration is provided, followed by an assessment of the debate over registration in 2008 which saw some advocates arguing for broader access while others focused on preventing ineligible people from casting ballots. Much of this debate centered on matching voter registration records against other state databases. A larger role for the federal government in voter registration reform is suggested, including a possible move to universal voter registration. For this to happen, Tokaji contends, institutional reform must take place and election reform arguments need to shift from the dichotomy of access versus integrity to addressing the decentralization of U.S. elections and partisanship in the administration of elections.

Machine Errors and Undervotes in Florida 2006 Revisited – Walter R. Mebane, Jr., University of Michigan, William & Mary Bill of Rights Journal, January 2009: In examining the large number of undervotes in the 2006 election for U.S. House district 13 in Sarasota County, Florida, Mebane focuses on the iVotronic touch-screen voting machines. Problems with Personalized Electronic Ballots, power failures and touch-screen calibration correlate with undervote rates (ballots with no vote for either candidate) in several Florida counties including Sarasota, leading him to conclude mechanical failure played a significant role in these rates. 

The Case of the Disappearing Votes: Lessons from the Jennings V. Buchanan Congressional Election Contest – Jessica Ring Amunson & Sam Hirsch, Jenner & Block LLP, William & Mary Bill of Rights Journal, December 2008: The authors, who represented candidate Christine Jennings (D) during litigation following the District 13 Congressional election in Florida in 2006, provide their perspective on the controversial race where there were approximately 18,000 undervotes. The election and the subsequent contests are described from a first-hand point of view followed by lessons learned and suggestions for reform, specifically concerning the conduct of election contests.

Fig Leaves and Tea Leaves in the Supreme Court’s Recent Election Law Decisions – Nathaniel Persily, Columbia Law School, February 2009, Supreme Court Review, forthcoming Persily examines the five election law cases the Supreme Court decided during the 2007-2008 term including those related to voter identification and the Voting Rights Act. He looks at how the Court moved toward consensus in these cases and what signals these decisions send about the future direction of the Court on such issues.

U.S. Election Assistance Commission Annual Report, Fiscal Year 2008 – Prepared by the Election Assistance Commission (EAC), January, 2009: As required annually, the EAC submitted its report to Congress describing its activities during the 2008 fiscal year. The report covers the commission’s efforts in a variety of areas including: 

•       Preparing for the 2008 election;
•       Improving internal operations;
•       A breakdown of how the commission spent the approximately $16.4 million it was appropriated for 2008;
•       A summary of votes taken by the commission;
•       An examination of how the commission kept stakeholders informed;
•       A summary of the management of HAVA funds, the language accessibility program, providing election management resources, advancing the voting system certification process, and its role as a national clearinghouse and conducting elections research; and
•       A look ahead to 2009.

Opinions This Week

National: Election reform

California: Election reform; Top-two primary

Florida: Hillsborough County

Iowa: Instant-runoff voting

Louisiana: Election calendar

Maryland: Voting system

Mississippi: Election reform, II; Voter ID, II

New Mexico: Election reform

Oklahoma: Election reform; Voter ID; Voting rules

Oregon: Vote-by-mail

Texas: Voter ID

Virginia: Voter registration

West Virginia: Voting system

**some sites require registration

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

Chief Financial Officer, U.S. Election Assistance Commission, Washington, D.C.— assists the Executive Director in overseeing critical management and core mission activities of the agency. As the chief financial advisor, the CFO provides financial management expertise to related strategic planning, business performance measures, accounting, contracting and budgeting functions. The incumbent ensures consistently excellent financial management practices, effective planning, budgetary and accounting policies and practices, and efficient delivery of financial reporting and other financial services functions. In this leadership role, the CFO must demonstrate an awareness of and sensitivity to the role of the Commission in most effectively conducting its mission. Qualifications: A Bachelor’s degree in finance, accounting or business administration, plus six (6) years experience in financial management including at least four (4) years at a management level in a government agency or private organization. An advanced degree in a related field can be substituted for up to two years of required experience. Documentation of education must be submitted with your application. Please submit a copy of your most recent performance evaluation with your application. You will need to successfully complete a background security investigation before you can be appointed into this position.  Salary: $120,830.00 – $143,500.00. Application: You must submit your application so that it will be received by the closing date of the announcement. Send Application Materials to: Resumes@eac.gov. Deadline: February 6. Visit the Web site for more information.

Director, Federal Voting Assistance Program, Arlington, Va. — responsible for overseeing the administration of the Uniformed and Overseas Citizens Absentee Voting Act (UOV AVA), and directs a broad national program involved in the voting rights of more than six million citizens.  The incumbent creates and establishes policies including legislation affecting the 55 states and territories and the more than 13,000 local election jurisdictions within the United States. Director engages actively with Governors, Secretaries of State, state legislatures and local governments; and prepares and presents testimony before Congressional Oversight Committees.  Incumbent develops policies and plans for, and analyzes and evaluates the Voting Assistance Programs of Executive Branch departments and agencies; and evaluates the performance of the DoD components in carrying out responsibilities assigned to them by DoD Directive 1000.4 and the DoD Voting Action Plan.  The Director is responsible for the creation, maintenance, and operation of a system for electronic transmission of absentee ballots and related election materials for use by voters and election officials; and ensures a comprehensive program of information, education and direct assistance to the myriad of intermingled local and state systems and the citizens covered by the Act.  The incumbent evaluates and analyzes state election laws to assess their degree of compliance and initiates court action through the Department of Justice to enforce compliance with the Act.  The Director is also responsible for the implementation and administration of the National Voter Registration Act of 1993, to ensure the Congressional intent and compliance with the specific provisions to enable all citizens to register at armed forces recruitment offices. Salary Range: $117,878 to 162,900.00. Deadline: February 13. Application: For more information about the position and how to apply click here.

Supervisory Grants Manager Specialist, U.S. Election Assistance Commission, Washington, D.C. — incumbent of the supervisory grants management specialist position serves as the Director of the Division of HAVA Payments and Grants and reports to the Chief Financial Officer. The Division is responsible for $3 billion in payments that were distributed to states in fiscal years 2004 and 2005 (which remain available until expended) and for additional payments to states as periodically authorized by Congress, including $115 million appropriated in fiscal year 2008. The purpose of the payments is to improve the administration of elections for Federal office. The Division is also responsible for small annual grants to educational institutions, other non-profits, and state agencies for training poll workers and for mock elections. Manages all aspects of the award, oversight, and closing of EAC Federal financial assistance and the supervision of Division staff. The incumbent provides expert advise and guidance related to Federal grants management, helps resolve complex issues related to the financial and administrative characteristics of grant programs and HAVA, and coordinates with other units of the EAC as applicable. Qualifications: A determination of your minimum qualifications will be based on the requirements listed below. You will be evaluated based upon the experience and/or education reflected in your resume. Please use clear and concise descriptions/examples when describing your experience. Applicants are advised that all information concerning qualifications is subject to investigation. False representation may be grounds for non-consideration, non-selection and/or appropriate disciplinary action. All candidates must have at least one year of specialized experience as a grants management specialist at a level equivalent to the next lower grade level in the Federal Service, where such experience equipped the candidate with the knowledge, skills and abilities needed to perform the duties of the supervisory grants management specialist position.  Salary: $86,927.00 – $133,543. Application: Applicants may submit all application materials to the following email address: Resumes@eac.gov. Deadline: February 6. Visit the Web site for more information.