Here is just one section of HAVA (there are other sections regarding provisional ballots and voter registration, etc.). What do DUers think of the regulations? (Note this is from a summary of the HAVA regulations published here:
http://www.sos.state.ia.us/elections/hava/NASS-Summary-Recommendations.html#3)
Also, the way HAVA works, as I understand it, is that these regulations form the framework upon which the states design their own election laws. That means the HAVA requirements have to be unambiguous, or we'll just wind up back where we started, with a patchwork of different, and sometimes contradictary, laws in each state, that don't necessarily give each citizen's vote equal weight. What do you think of these requirements?
TITLE III – FEDERAL REQUIREMENTS Top
1. Voting System Standards – Requirements - Section 301 referenced
* The voting system shall permit the voter to verify whom they voted for and make any changes to their vote – in a private and independent manner – before the ballot is cast and counted.
* If a voter overvotes, the system will notify them that they have overvoted, what happens to their vote if the overvote and provide the voter with an opportunity to correct or change ballot before cast and counted.
* A state or jurisdiction that uses paper ballots, punch cards, central count (including mail in ballots) may meet this requirement by establishing a voter education program specific to their voting system that tells the voter the effect of overvoting and tells the voter either how to correct the ballot, including how to get a replacement ballot.
* The voting system shall ensure that any notification required preserves the privacy of the voter and the secrecy of the ballot.
* The voting system shall produce a permanent paper record with a manual audit capacity. The system shall provide the voter with the opportunity to change the ballot before the permanent paper record is produced. This paper record must be available as the official record for a recount.
* The system must be accessible for the disabled in a manner that provides the same opportunity for access and participation as for other voters (including privacy and independence). This requirement can be met through the use of at least 1 DRE or other voting system equipped for individuals with disabilities at each polling place.) All equipment purchased with funds made available under the “requirements payment” purchased after January 1, 2007 must meet the standards for disability access.
* The system shall provide alternative language accessibility pursuant to sec. 203 of Voting Rights Act.
* The error rate for the voting equipment – attributable only to equipment error, not voters – must comply with the error rates established in the voluntary voting systems guidelines in effect at the FEC at date of enactment.
* The state must define uniform and non-discriminatory standards for what constitutes a vote for each category of voting equipment used in the state.
* All states and jurisdictions must meet these voting system standard requirements by January 1, 2006.
* To help states comply with legislation, the Election Assistance Commission will issue voluntary guidance consistent with the requirements of this section by January 1, 2004.
=====Potential Issues/Recommendations=====
* Given the uncertainty and timing of federal funding, may want to prioritize in the following manner
o Make sure your state meets all minimum federal requirements. This will require a thorough examination of existing state laws.
o Once money is available, do the most costly requirements or upgrades first. It could be difficult to secure authorized funding in later years.
* States cannot wait for Election Assistance Commission to issue voluntary guidance before submitting first state plan. Commission has until October 1, 2003 to publish voluntary guidance.