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Electronic Voting: Electronic Voting: The 2004 Election and The 2004 Election and
BeyondBeyond
Flashback: Florida 2000Flashback: Florida 2000
22000044
Voting Technology: Voting Technology: 2000-20042000-2004
Key voting rights lawsPost-2000 litigationThe Help America Vote ActVoting technology in 2004
The Right The Right to Voteto Vote
1965
The Voting Rights ActThe Voting Rights Act
Forbids practices that “result in” denial of the vote on account of race. 42 USC 1973
Prohibits practices that abridge voting rights of language minorities. 42 USC 1973b
Disability AccessDisability Access
Key Concepts Under ADA– no discrimination or exclusion by public
entities
– readily accessible to extent feasible
Applicability to the voting processDoes the ADA require secret and
independent voting?
Key Voting Rights CasesKey Voting Rights Cases
Gray v. Sanders (1963)
“one person, one vote”Reynolds v. Sims (1964)
equal-sized districts requiredHarper v. Virginia (1966)
striking down poll tax
Bush v. GoreBush v. Gore
President George W. BushPresident George W. Bush
What’s the principle underlying What’s the principle underlying Bush v. GoreBush v. Gore??
“Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another”
Voting EquipmentVoting Equipment
The Help America Vote ActThe Help America Vote ActDoesn’t mandate the elimination of punch cards or
the implementation of electronic votingAuthorizes $325 million for “buyout” of punch
card and lever voting equipment, plus $3 billion in requirements payments
Requires a “permanent paper record” that can be used for manual audits, but not a “voter verified” paper record
At least one unit accessible to people with disabilities must be at each polling place by 2006
Ohio’s Voting SystemsOhio’s Voting Systems
70 2
10 6
Voting MethodVotomatic PunchDatavote PunchLeverPaperCentral ScanPrecinct ScanDREMixed
Voting Methods Used in 2000
VVoottiinngg EEqquuiippmmeenntt bbyy CCoouunnttyy 22000000
Type of Voting Equipment by County - 2000
Voting Equipment by County Voting Equipment by County 20042004
From From The The OnionOnion5/19/045/19/04
TheThePaperPaperTrailTrail
Voting Technology UsageVoting Technology Usage
Equipment 2000 2004
Punch card 34% 14%
Optical Scan 28% 35%
Lever 18% 14%
Electronic 11% 29%
Paper 1% 1%
Mixed 8% 7%
Precinct-Count Optical ScanPrecinct-Count Optical Scan
“Ballots which have been over voted, mistakenly marked or mutilated are automatically returned to the voter for review. The system automatically generates a tape printout explaining why the ballot was returned to the voter and what to do with the returned ballot”
Ohio H.B. 262Ohio H.B. 262Voter verified paper audit trail –
“a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout.”
Ohio R.C. 3506.01
Ohio H.B. 262Ohio H.B. 262
Not a receipt “It shall not provide to a voter any
type of receipt or voter confirmation that the voter legally may retain after leaving the polling place.”
Ohio R.C. 3506.01
For More Information:For More Information:
moritzlaw.osu.edu/electionlaw
equalvote.blogspot.com
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