Voting System Purchases and the Help America Vote Act: Verified Voting Foundation Commentary
by Pamela Smith, Nationwide Coordinator, and Robert Kibrick, Legislative Analyst, The Verified Voting Foundation
March 30th, 2006
Some California counties have interpreted the Help America Vote Act’s requirements to the effect that: as of January 1, 2007, every single piece of equipment to be purchased would have to be accessible. In some cases it has been interpreted that such a requirement would necessitate the exclusive use of direct recording electronic (DRE) voting machines, effectively precluding obtaining equipment for a paper optical scan ballot system or for a blended voting system (e.g. DREs for disabled and language accessibility, and paper optical scan ballots). In at least one case, this interpretation appears to set specific limitations on the type of voting system the county should obtain at this time as well as into the future. The Help America Vote Act (HAVA) has several pertinent sections which appear to refute that interpretation.
The Verified Voting Foundation’s research<1> indicates that prior to January 1, 2007, HAVA permits the acquisition of an ACCESSIBLE optical scan voting system (i.e., one that includes accessible ballot-marking devices for each polling place, or that includes accessible DREs for each polling place, as in a blended system) regardless of the source of funds used to acquire such a system—including HAVA Title II funds.
On or after January 1, 2007, HAVA continues to permit the acquisition and use of such ACCESSIBLE optical scan voting systems so long as HAVA Title II funds are used only for the purchase of the accessible components (i.e., accessible ballot marking devices or accessible DREs, as in a blended system) of such systems. Even after January 1, 2007, HAVA clearly continues to permit the acquisition and use of optical ballot scanners (which by themselves are not accessible), so long as HAVA Title II funds are not used for purchases of such scanners.<2>
Thus, after January 1, 2007, jurisdictions can continue to acquire and use optical ballot scanners using county or state funds (e.g., California Proposition 41 Voting Modernization Funds) or any non-Title II HAVA funds, and they can continue to buy and use accessible optical scan components (e.g., accessible ballot marking devices) regardless of the source of funds.
Whether or not HAVA permits the acquisition of a scanner, after January 1, 2007, with HAVA funds, when that scanner is to be used in conjunction with other elements of a fully accessible system, would have to be ascertained. HAVA does clearly permit the acquisition of accessible devices which stand alone in their accessibility, and that includes ballot-marking devices, not just DREs, as has been implied by some California county officials.
snip
http://www.verifiedvotingfoundation.org/article.php?id=6346
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(1000+ posts)
Send PM |
Profile |
Ignore
