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Help America Vote Act Summary. Chet Culver Sandy Steinbach & Jolene Franken Iowa Secretary of State’s Office ISAC Annual Meeting – Nov. 20, 2002. Disclaimer. Historic piece of federal legislation; This is our best thinking and analysis to this point; Still have questions about some parts;

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Help America Vote ActSummary

Chet Culver

Sandy Steinbach & Jolene Franken

Iowa Secretary of State’s Office

ISAC Annual Meeting – Nov. 20, 2002


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Disclaimer

  • Historic piece of federal legislation;

  • This is our best thinking and analysis to this point;

  • Still have questions about some parts;

  • Wanted to take this opportunity to share as much information as possible, as soon as possible;


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Disclaimer continued

  • Packets provided. We’ll send additional information when available via email.

  • Need your input, advice & help as we work on Iowa legislative changes for this year.


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Overview of H.A.V.A.

9 Parts or Titles

  • Payments to Iowa to replace certain voting machines – Chet

  • Create Standards Board, Commission & Board of Advisors – Jolene

  • Uniform & nondiscriminatory election technology & administration requirements – Sandy


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H.A.V.A. Overview Continued

  • Enforcement – See Constitutional Project Summary

  • Help America Vote College Program – Chet

  • Help America Vote Foundation – Chet


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H.A.V.A. Overview continued

  • Voting Rights of Military Members and Overseas Citizens – Sandy

  • Transition Provisions Miscellaneous – See Constitutional Project Summary

  • Provisions – See Constitutional Project Summary


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Title IEarly Payments to States

  • $5 million minimum

  • Money to replace punch card and lever voting machines used in the 2000 General Election.

    • 131 Iowa Precincts / 7 counties

  • Must meet all current federal laws & equipment requirements of the legislation.


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Early Payments to States cont.

  • Must ensure ALL punch card and/or lever equipment will be replaced in time for the November 2004 Election.

  • Counties eligible for federal funding if changes made after November 2000.

  • Money to be used to improve election administration with voter education, training & improved accessibility.


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2003 Legislative Action Required

  • Iowa Legislature needs to set up an “Election Fund” to receive federal dollars before these changes can be implemented.

  • Without the fund NOTHING happens. No State money required for first $5m.

  • 5% state match required after first $5m


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Title II

Standards Board,

National Commission

and Board of Advisors


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Election Assistance Commission Standards Board

  • (EACSB)

  • Review voluntary voting system guidelines and the voluntary guidance procedures

  • 110 members – 1 state official / 1 local official*. Differing political parties by January 21, 2003.


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Title II - National Commission & Board of Advisors

  • Create National Commission

    • President will appoint with 4 full time members in 2003

  • National Election Assistance Board of Advisors

    • 37 member Board of Advisors to advise Election Assistance Committee


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Title II – Grants: Pilot Money & Commission Review

  • Authorized to award grants to carry out voter education activities, including:

    • simulated national elections and school forums,

    • speeches and debates by local candidates,

    • quiz team competitions


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Grants continued

  • New Technology & equipment pilot

  • 10 million authorized & available in 2003

  • Trial & report to Congress

  • Language & accessibility


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Title III

Uniform & Nondiscriminatory Election Technology & Administration Requirements


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6 Parts of Title III

  • Voting Information Requirements

  • New Voter Registration Application

  • Statewide Voter Registration List

  • Voter Registration by Mail

  • Provisional Voting Requirements

  • Voting System Standards


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Voting Information Requirements

  • Effective January 1, 2003

  • Election official responsible for posting voting information at each polling place;

  • In addition to Iowa’s requirements add:

    • Date and polling place hours of operation

    • ID instructions for mail-in registrants

    • Voting rights under federal & state laws


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New Voter Registration Applications

Are you a citizen of the United States of America?  Yes  No

Will you be 18 years of age on or before election day?  Yes  No

If you checked No in response to either of these questions, do not complete this form.

If you submit this form by mail and you are registering to vote for the first time in Iowa enclose a copy of one of the following documents that is current and shows your name and address:

A. Current or valid photo identification card

B. Current utility bill, bank statement, government check, paycheck or other government

document

You do not need to send any of the documents listed above if you include your driver license number or the last 4 digits of your social security number and this information can be verified.

Effective January 1, 2003


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Voter Registration

  • Effective January 1, 2003

  • Requires valid drivers license number or last four digits of Social Security number

  • If applicant has neither the state shall assign the applicant a number

  • Requirements apply to new registrants


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Computerized StatewideVoter Registration List

  • Effective January 1, 2004

  • An interactive computerized statewide voter registration list defined, maintained and administered at the state level.

  • Must be coordinated with other state agency databases.

  • Any election official may obtain immediate electronic access to the information contained in the computerized list.


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Voter Registration by Mail

  • Effective January 1, 2004

  • Registration form must include a valid drivers license number or last four digits of Social Security number;

  • OR have one of the following attached:

    • a copy of a current & valid photo ID

    • Copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter


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Voter Registration by Mail cont.

  • If the voter does not include any of the above:

    • If the voter votes in person the voter would need to show one of the above items;

    • If the voter votes by mail, the voter would need to submit a copy of the above items;

    • If the voter does not show or submit one of the above the ballot is treated as a provisional ballot after January 1, 2004.


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Provisional VotingRequirements

  • Effective January 1, 2004

  • Very similar to Iowa system;

  • Precinct officials must tell voters they have a right to cast a provisional ballot;

  • Voters must be told why ballot was rejected;


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Voting System Standards

  • Effective January 1, 2006;

  • Allow voter to verify who they voted for and make any changes to their vote before the ballot is cast and counted;

  • System to notify voter of overvote;


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Voting System Standards cont.

  • Ensure that any notification required preserves the privacy of the voter and the secrecy of the ballot;

  • Produce a permanent record with manual audit capacity;


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Voting System Standards cont.

  • Provide to persons with disabilities the same accessibility to voting as other voters;

  • Define uniform and non-discriminatory standards for what constitutes a vote.


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Title VCollege Poll Worker Plan

  • Encourages college students to serve as non-partisan poll workers unless Iowa law changes – only for non-partisan elections;

  • Encourages state & local governments to utilize the resource the students provide;

  • Develops materials, sponsors seminars and workshops, public service ads, provides grants;

  • Materials provided free of charge to colleges;


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Title VIHelp America Vote Foundation

  • Mobilizes secondary school students to participate as nonpartisan poll workers and assistants, to the extent permitted under state law


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Title VIIMilitary & Overseas Voting

  • Report the number of absentee ballots sent to uniform and overseas voters and the number of absentee ballots returned within 90 days of a federal election.

  • Military voters request for absentee ballots shall be used for two regularly scheduled general elections.


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Title VII continued

  • Cannot refuse to accept or process a valid voter registration application or absentee ballot request on the grounds that it arrived too early.

  • Must provide a reason why voter registration application or absent ballot application was rejected.


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2003 Action ASAP

  • Establish the State Election Fund

  • New Voter Registration Form (January 1, 2003)

  • Machinery replacement

  • State Plan submitted plans for implementation public comments

  • Centralized Computer Voter Registration System Development


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Other HAVA Issues to Consider

  • Definition of a vote

  • Recount provisions

  • Additional poll workers

    • Only D & R?

    • 16-17 year olds?

    • College students?

  • SEAT Legislation


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Additional S.O.S. 2003 Legislative Issues to Consider

  • Restore SOS Elections and Voter Registration Budget/Funding

  • Redistricting clean-up

  • Campaign Finance Reform

  • Consolidation of Elections to Save Money


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