Congressional WantsLegislation Likely in next few years

Current Ideas Circulating as Potentials

• federal voter registration and government responsibility for VR;

• federal requirement for Election Day Registration; • federal requirements on how to administer voter information

mismatches in VR; • uniform definition of how provisional ballots are to be

administered; • federal requirements on ballot design and layout; • federal requirements on post election audits; • potential legislation for restrictions on challenging eligibility of

voters; and • the continued push to eliminate or restrict use of DREs; • potential requirements to make absentee mail balloting to any

voter;

Current Ideas Circulating as Potentials

• All states to allow no excuse AB or Early Voting• Standards for purging voters• Prohibition of ID requirements• Restoration of Rights for Felons• Prohibition of Voter Caging (including any use of non-

forwardable or nonreturnable documents)• Shortening of waiting times for voters• Paper ballots at all polling locations• Poll Worker Training Programs• Creation of grants for election software• Equitable allocation of voter resources (equipment,

pollworkers, polling places, etc.)• Statewide Voter Database interoperability with other states

Federal Voter Registration

• The thought is that all voters should have the right to vote in Federal elections regardless of where they live – especially for President/VP and US Senate races. States are “denying” otherwise qualified citizens from participating

VR As Government Responsibility

• Those principally offering this want the Federal government to be responsible for this but many are willing to have states and locals take over the function

• This is one of those EOs should give consideration: • it eliminates most of the abuses of 3rd party

registrations; • allows full control by EOs; cannot eliminate totally

voter initiated – has to be way to all voters to initiate if government misses them.

VR As Government Responsibility

• Considerations:• Cost Factors – New Costs for government• According to recent research 95% of

voters have drivers license• 99% of voters have some form of official

government ID – which means it is likely they are in databases where elections can access the information for automatic registration efforts

VR As Government Responsibility

• If government does the function then registration lists can be determined in advance of elections

• If government does this, EDR may no longer be necessary or makes EDR easier for states employing it.

• If government does this, should reduce numbers of Provisional Ballots

Federal Requirement for EDR

• From an administrative standpoint is government VR preferable to EDR?

• Will positive ID be prohibited with EDR or a feature of EDR?

Federal Requirements for Voter Information Mismatches

• Aim is to forestall states establishing “absolute” matches;

• Also question SSA information as often inaccurate;

• Other issues

Uniform Handling of Provisional Ballots

• Intent is to eliminate states requiring voter to go back to correct polling place and count the ballot for all races if the voter is otherwise qualified

• Depending on whom is supporting the changes, make the assumption that the voter has correctly handled and that government made the mistake

• Other assumptions

Requirements on Ballot Layout & Design

• Brennan Center and others pushing the Design for Democracy findings about Ballot Design and Layout

• Clearly there are some good ideas in the EAC sponsored study that need to be learned and taught

• However, if followed absolutely, then ballots will be many pages – and that will bring both administrative and integrity questions (how to keep ballots together for recounts or audits)

Requirements on Post Election Audits

• Disagreement on whether this is necessary and useful

• Disagreement on whether an audit is preferable to an automatic recount

• Unclear what purpose this serves beyond that a percentage of advocates want it

Restrictions on Challenging Eligibility of Voters

• Age old argument between the 2 parties

• May become moot if Government takes over VR

• Aimed more at the Poll Watchers than at election administration but still may have some impact

Eliminate or Restrict use of DREs

• Continued push to paper• Requirements for DREs that paper

doesn’t meet either• Software and security requirements

Expansion of No Excuse AB

• Not referred to as Vote By Mail but as no excuse AB available to any voter

• Restrictions on states as to ID requirements

Early Voting for all States

• Force all states to employ forms of early voting

Standards for Purging Voters

• To assure voters are kept on the rolls and “not wrongfully removed”

Prohibition of ID Requirements

• Establish Federal standards to override states that have established ID requirements

• According to new research• 12% of voters in 23 “HAVA only” states

had to show Photo ID• 80% of voters in the 3 states requiring

Photo ID had to show Photo ID• Hispanics asked to show more ID than whites

or blacks in these states

Restoration of Rights for Felons

• The case is explained that this affects African Americans far more than any other segment of society.

• JEOLC has looked at the issue for more than 10 years – Principal reaction of EOs is if it becomes law, force courts to issue a certificate of restoration of rights so EOs know that rights are restored.

Prohibition of Voter Caging

• Aimed principally at the “other” party but also can affect how EOs use non-forwardable and non-returnable documents

Shortening of Waiting Times for Voters

• According to recent survey by MIT, Caltech and Utah, average wait time for voters (in survey of 12,000 voters nationwide), avg wait time was 13 minutes

• However, avg wait time reported by African Americans was 29 minutes; whites 12 minutes, Hispanics 13 minutes and Asians 9 minutes on ED

• We don’t know for certain what causes longer wait times for African Americans – resources or unusually high numbers voting in this election. We should know.

Paper Ballots At All Polling Places

• Some states are handling with Ballot on Demand systems (BOD)

• For some it is dual processing in the precincts – but DC does both and makes it work

Poll Worker Training Programs

• Personal: This is best left to local governments.

• Critics think that mandates and training can improve poll worker selection and performance.

• More narrowly, some think this can apply to Federal workers only.

Creation of Grants for Software

• The grants are aimed principally for academic and nonprofit institutions rather than for manufacturers

• There are some who want government to create software and then have it used universally

• Potential dangers: • eliminate voting systems companies• Becomes easier to manipulate software• Would tempt parties in power to stay in power

Equitable Allocation of Resources

• There are claims that African Americans receive fewer resources than other voters

• Academic research on the subject is muddled – some say yes, some say

no evidence that supports the allegation• We need to know as a profession if it is so –

If yes, then we need to fix it – voting has to be fair. If no, then we need to be able to show real information.

Statewide Voter DB Interoperability

• This is one of the most confusing issues:• Republican Right and Democratic Left fear

a national database and allege that it will be used for ill advised means

• Yet some of both parties want this to evolve

• EAC has a grant out to National Academy of Sciences on Statewide DBs, standards and performance and data sharing

Is There a Better Way?

• Bandaid approach to elections• What if we evolved elections into

something that works better as a designed process rather than locking pieces into law?

• What would it look like?• What could be agreed to?• Some ideas:

New Ideas

• Suppose government takes over VR (preferably at State and Local levels)?

• Suppose we built on Vote Center concept for much of America (may not work as well in less urban settings). Then PV not much of an issue.

• Suppose we eliminated Early Voting and AB and went to an election season of multiple days of voting – As we are now, EOs running 3 elections at once

• OR suppose we eliminated all polling sites and went to national Vote by Mail

• Connie Schmidt has agreed to head up a new Task Force on Future of the Elections Process and finding new ideas