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New from States -
Tennessee
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By Warren Stewart, Verified Voting Foundation
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May 18, 2008 |
Tennessee Voter Confidence Act Will Also Establish Random Post-Election Audits and Prohibit the Use of Wireless Devices in Voting Systems
On May 15, the Tennessee State Senate unanimously passed SB 1363 The Tennessee Voter Confidence Act, a sweeping reform of the state’s voting technology. Minor differences between the Senate bill and the House companion HB 1256, passed earlier in the week, are expected to be easily resolved and the bill sent to Gov. Phil Bredesen for his signature next week. The overwhelming support for the bill resulted from the steadfast efforts of state and national voting advocates and a report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) that recommended many of the measures in the legislation.
The bill would require that any voting system purchased and deployed in the state after January 1, 2009 use precinct-based optical scanners. The bill as amended in the Senate would use Federal funding provided to the state as a result of the Help America Vote Act (HAVA) to fund the replacement of currently deployed direct recording electronic (DRE) voting systems. The bill explicitly calls for counties to purchase ballot-marking devices to meet the Federal requirement to provide voters with disabilities a means of voting privately and independently.
In addition to moving the state toward voter marked paper ballot systems, the bill will also require each county election commission, for each election, to conduct mandatory hand count audits of at least 3% of the voter marked paper ballots of at least the top race in the federal, state, county, or municipal election, if on the ballot. This bill details the procedures for the audits, including the random selection of precincts, the timing of the audits, and the public announcement of the results of the audit, and provides for additional hand count audits when the results of the first audit show a variance of more than 1 percent between the hand count and the unofficial machine vote count to resolve any concerns and ensure the accuracy of the results. |
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New from States -
Missouri
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By Missourians for Fair Elections
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May 16, 2008 |
Constitutional Change to Restrict Voting Rights Faced Groundswell of Opposition from Across the State
In a victory for all voters, Missouri lawmakers ended this year’s legislative session without a final vote on legislation that could have prevented up to 240,000 Missourians from voting. The proposed change would have altered Missouri’s constitution, allowing for strict citizenship and government-issued photo ID requirements that would make Missouri one of the toughest states in the country for eligible, law-abiding citizens to register to vote or cast a ballot.
“I am relieved that I will be able to vote this fall,” said Lillie Lewis, a St. Louis city resident, “I’ve been voting in every election since I can remember, but if I needed my birth certificate, that would be the end of that. I hope this is the last we hear of this nonsense.” Lillie Lewis was born in Mississippi, but the state sent her a letter stating they have no record of her birth.
Birdell Owen, a Missouri resident who was displaced by hurricane Katrina, also voiced her relief. “I should be able to participate in my democracy,” she said, “even if Louisiana can’t get me a copy of my birth certificate. I’m glad Missouri politicians had the sense to protect my right to vote.” |
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New from National Issues -
Federal Election Commission (FEC)
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By Warren Stewart, Verified Voting Foundation
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May 16, 2008 |
Likely Confirmation of Caroline Hunter Wil Create Opening at Election Assistance Commission
Bowing to opposition from Senate Democrats and citing the strain on his family caused by the protracted controversy over his nomination, Hans von Spakovsky has withdrawn his name for consideration for a seat on the Federal Election Commission. Von Spakovsky has been a lightning rod for criticism since his recess appointment to the FEC in December, 2006, primarily for his actions while in the Department of Justice.
Majority Leader Harry Reid (D-NV) issued a statement calling Mr. Von Spakovsky’s withdrawal “a victory for our electoral process” and suggesting that the process of confirming a slate of nominees for the FEC would proceed quickly. The commission has lacked the quorum necessary for official action since the confirmation stalled over Mr. Spakovsky’s nomination last Fall.
A confirmation hearing was already scheduled by the Senate Rules and Admistrtion Committee for May 21 to consider a list of nominees that did not include Mr. Spakovsky and it is widely assumed that the process will move quickly with a full Senate vote perhaps even before Memorial Day. A spokesman for Senate Rules Chairwoman Dianne Feinstein told Bloomberg News "Mr. von Spakovsky's decision to withdraw will certainly help expedite
approval of the other commissioners".
Significantly the new slate of nominees includes Caroline Hunter, who joined the Election Assistance Commission last year and currently serves as vice chair. If she is confirmed as expected, it will leave an opening at the EAC heading into the November elections.
Download the resignation letter.
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New from States -
West Virginia
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By Sean Flaherty, Verified Voting Foundation
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May 12, 2008 |
West
Virginia law requires voter-verifiable paper records on all voting
systems, and a manual count of 5% of precincts is required as part of
the canvass under §3-4A-28(d) of the West Virginia Code. ES&S is the only vendor currently providing equipment in West Virginia.
- According to the Secretary of State's web page,
34 counties, with almost 59% of the state's registered voters, live in
counties in which the only voting system for polling-place voting is
the ES&S iVotronic DRE.
- In 15 counties, the
iVotronic is used for accessibility at the polls, but the primary
system is centrally counted optical scan ballots, with the M650
counting the paper ballots. About 21% of the voters live in these
counties.
- 2 counties use hand-counted paper ballots, with the iVotronic for accessibility.
- 4
counties use optical scan systems, with the AutoMARK ballot-marking
device used for accessibility. Only two of these counties, Putnam and
Kanawha Counties, possess precinct-count scanners. The largest of these
four, Kanawha County, is also the largest in the state, with over
130,000 voters. Kanawha uses the iVotronic for accessibility at the
polling place, but the AutoMARK for early voting.
In
all, it seems fair to estimate that the majority of votes cast in the
primary will be cast on the iVotronic. Mail-in absentee balloting
requires an excuse, so the vast majority of votes in the DRE counties
will, in fact, be cast on the iVotronic.
As we have noted in previous state snapshots, the paper trail for the iVotronic, known as the Real Time Audit Log (RTAL), has been the subject of some criticism for its design. Printer jams have also occurred with the RTAL, compromising about 9% of the machines in Guilford County, NC in the 2006 general election. The Ohio EVEREST review Academic Team report noted a risk that even voters careful to check the RTAL might not
notice if their vote was cancelled quickly after printing. Combined
with the severe security vulnerabilities of the machines, this is a
serious concern.
The West Virginia Secretary of State's office reports that as of April 25, West Virginia has 1,183,495 registered voters.
Each party's primary will be open to independents and to members of
that party. The Secretary of State reports that there are 665,234
registered Democrats, 347,760 Republicans, 156,199 voters registered
with no party, and the remainder scattered among small parties. The
in-person early voting period ran from April 23 - May 10. |
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New from States -
West Virginia
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By Facing South
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May 13, 2008 |
This article was posted at southernstudies.org.
The controversy that recently erupted in North Carolina over
confusing, misleading and at times illegal voter registration tactics
used by Women's Voices Women Vote has not discouraged the D.C.
nonprofit from continuing similar efforts in Appalachian states with
primaries this month.
Officials in West Virginia and Kentucky,
which hold primary elections today and May 20 respectively, tell Facing
South that the group is causing similar confusion among the prospective
voters it's contacted in those states -- many of whom are already
registered to vote.
As documented in our recent investigation into the group's activities in North Carolina, Women's Voices racked up official complaints from elections officials in Arizona and Colorado as long ago as November 2007. In February, the group was the target of a police investigation
in Virginia that resulted in Women's Voices promising to stop making
anonymous robo-calls. But two months after making that promise, the
group showed up in North Carolina and again made anonymous robo-calls in the week and a half before the primary, telling people they'd receive a voter registration packet in the mail.
The calls and mailers raised concerns
among North Carolina voting rights advocates because they gave
registered voters the impression that they were not properly
registered. In addition, the robo-calls were illegal under the state's
laws because they did not identify the group making them, leading North
Carolina Attorney General Roy Cooper to issue a cease-and-desist order. The N.C. NAACP filed a formal voter-suppression complaint
with Cooper and notified the U.S. Department of Justice, in part
because of the differences in the calls that went to black voters
(listen to the call here) vs. white voters (audio file here).
Now
Facing South has learned that Women's Voices Women Vote has gone on to
engage in some of the same problematic behaviors in West Virginia and
Kentucky.
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New from States -
Kentucky
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By Kentucky Secretary of State Trey Grayson
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May 12, 2008 |
Secretary of State Trey Grayson issued a warning to Kentucky citizens that his office has learned that a voting group has sent thousands of potentially confusing mailings to women across Kentucky asking them to register to vote. These mailings could cause confusion for Kentuckians because the deadline to register to vote in the upcoming May primary has already passed. According to the group, “Women’s Voices. Women Vote.” (WVWV), the voter registration mailings were part of a larger nationwide mailing. Grayson encouraged voters to still consider registering to vote so that they will be eligible for the fall general election, but wanted to make sure that citizens understood that any new registrants registering after the April 21st deadline will not be able to vote in the May primary.
“I appreciate Women’s Voices Women Vote letting us know about this possibly confusing situation for Kentucky voters,” stated Secretary Grayson. “It is important to stress that citizens can still register to vote for the November general election, but they will not be eligible to vote and in the upcoming primary.”
Page Gardner, President of WVWV, stated in her letter that:“…Kentucky residents will receive this mail after the deadline for registering to vote to participate in the upcoming primary election. Please be aware that the mailing is not intended to encourage registration specifically for the primary, but simply to encourage voter registration in general. The mailing clearly indicates that the deadline to register to vote by mail for a particular election in Kentucky is 29 days before the election … We hope that this unfortunate coincidence in timing does not lead to any confusion or aggravation for either your state’s voters or registrars.” Grayson had previously noted at a March press conference that many third-party registration groups are in Kentucky now and are trying to register voters. He stated that there have been some complaints to the State Board of Elections about some of these voter registration efforts. While most voter registration efforts are very helpful, they sometimes can confuse voters. |
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New from States -
North Carolina
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By North Carolina NAACP
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May 05, 2008 |
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Alerts U.S. Department of Justice of concerns
The North Carolina NAACP has filed a formal complaint of possible voter suppression against Women's Voices Women Vote, the D.C. nonprofit that as we revealed earlier this week was behind the deceptive and illegal
robo-calls made to state residents. The N.C. NAACP hand-delivered its
complaint today to state Attorney General Roy Cooper and State Board of
Elections Executive Director Gary Bartlett. It's also alerted the U.S.
Department of Justice that it's collecting more information from its
national network and is contemplating filing a formal complaint with
that agency.
N.C. NAACP President Rev. Dr. William J. Barber II announced the filing of the complaint at a press
conference held this afternoon outside the N.C. Department of Justice.
He was joined by his group's attorney, Al McSurely, and Bob Hall of Democracy North Carolina.
The state Attorney General's office is already investigating Women's
Voices, but the N.C. NAACP and Democracy North Carolina want to be
parties to that investigation.
"When you mess with the right to vote, you're messing with everything that is fundamental in our democracy," Barber said.
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New from National Issues -
Election Assistance Commission (EAC)
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By EAC Media Release
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May 09, 2008 |
The U.S. Election Assistance Commission (EAC) today announced that Alice P. Miller will join the EAC as its chief operating officer, effective June 2, 2008. Ms. Miller currently is in charge of elections
in the District of Columbia, where she serves its 340,000 active voters
and manages a $5.2 million budget.
"We are very pleased to have someone with Alice's unique experience,
both as a manager and an election official," said EAC Chair Rosemary
Rodriguez. "The EAC has a lot of work ahead, and I am confident that
she will help us make sure election officials have the tools they need
to conduct accessible, accurate and secure elections."
Ms. Miller will oversee the day-to-day operations at the EAC in six
program areas: Voting Systems Testing and Certification, HAVA Funding,
Election Administration Improvement Programs, Research, Administration
and Human Resources. Her leadership role will also figure centrally as
the agency focuses on developing and integrating policies and
procedures aimed at improving efficiency and transparency.
Ms. Miller is the executive director of the District of Columbia
Board of Elections and Ethics. During her 12 years in this role, she
has been responsible for overseeing and managing all aspects of
elections, from voter registration to ballot access for candidates and
measures. She also has directed the management of voter rolls and
supervised the recruitment, training and deployment of 2,500 poll
workers.
In addition to her duties as chief elections official for the
District of Columbia, Ms. Miller also served in 2003 as president of
the National Association of State Election Directors. She holds a juris
doctor degree from Northeastern University School of Law and a bachelor
of arts from Boston College. |
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New from States -
South Dakota
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By Rapid City Journal Staff
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May 08, 2008 |
This article appeared in the Rapid City Journal.
Secretary of State Chris Nelson is warning
South Dakotans that a Boston organization called the "Voter
Participation Project" is sending mailings into South Dakota, saying
residents -- under "state law" -- must re-register to vote. The mailing
lists the Secretary of State's address, adding the appearance of
credibility.
"The language in this mailing is not true," Nelson said. "This
organization is misleading our citizens into thinking they need to fill
out another voter registration form in order to vote."
Nelson said he has received a number of complaints about the
mailings and that some of the mailings have gone to deceased South
Dakotans. Others have targeted older citizens.
"My elderly mother received a mailing and was concerned that she needed to fill it out in order to vote," Nelson said.
He
noted that voters aren't required to re-register when they move, but he
does encourage the practice. Nelson said any voter wishing to view
their registration status should go to www.sdsos.gov and click on the
Voter Information Portal. The site shows where voters are registered,
where polling places are and offers a sample ballot for the primary
election. |
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New from National Issues -
Voting Rights
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By Steven Rosenfeld, AlterNet
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May 08, 2008 |
This article was posted at AlterNet and is reposted here with permission of the author.
The Department of Veterans Affairs has retreated on a recently
announced policy to allow voter registration drives at its facilities
where veterans' groups and others would assist wounded former soldiers
to participate in the 2008 presidential election.
"It is VHA (Veterans Health Administration) policy to assist patients
who seek to exercise their right to register and vote; however, due to
Hatch Act (Title 5 United States Code (U.S.C.) 7321-7326) requirements
and to avoid disruptions to facility operations, voter registration
drives are not permitted," the new policy directive by Michael J.
Kussman, Under Secretary for Health said.
The Hatch Act restricts political activities by federal employees.
The VA directive rolls back a new policy announced in late April where
the agency agreed, after mounting public and political pressure, to
assist wounded veterans with registering to vote and voting for federal
elections. While the VA still says it will help former soldiers on an
as-requested basis with registration and voting, curtailing voter
registration drives brought swift condemnation from Capitol Hill and
advocacy groups. |
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