BBV: Heads Up Wash State- NO on Substitute HB 2745 & Substitute SB 6420

[RedEagle]

In Washington State, you all heard that our Secretary of State decided to be for paper ballots, conspicuously just hours before Bev and Andy's press conference about felons in the voting industry.

Reed's sudden flip is a real, "Buyer be ware," red flag.

When the legislation came up, it had no audit provisions, except the very skimpy ones for recounts already in state law, and would not take effect (audits or voter verified paper ballots) until 2006.

Now supposedly we have a few so called "audit" provisions, still not to take effect until 2006. Here they are, read'em and weep:

House Bill, Substitute HB 2745: 4% of the DRE's (ONLY) in a county
Senate Bill, Substitute SB 6420: 1% of the DRE's (ONLY) in a county

Audits ONLY apply to poll-site or precinct-site based electronic voting systems in these bills, which means Reed is leaving the door wide open for Internet voting, which won't be either poll or precinct based.

If the audit provision doesn't say ALL VOTING SYSTEMS, you know the fix is in.

This, in a state that will largely use optical scan and minimal DRE's, just enough to satisfy HAVA.

This, in a state, where the largest county, King, is counted by optical scan and facing its own scandal about improper access to voting systems.

So, you see how rhetoric gets applied to law- and we get zilch.

If you are from Washington State, call your representatives and senators and tell them to vote NO on:

Substitute HB 2745 (It's in House Rules committee at the moment)
Substitute SB 6420 (It's in Senate Rules committee)

(The Senate Rules Committee was sent a second substitute that might work, but it cannot be amended IN ANY WAY. Be VERY CAREFUL and very specific when you talk about the bills. The FIRST Substitute bill in either house is a NO. I don't know if they will consider the second, probably not)

And, no, we don't have to pass legislation to get HAVA money. HAVA does NOT require that we get rid of the punch card machines. The whole state legislature should know that now. HAVA also does NOT mandate touch screens. Alternate voting systems that accomodate the disabled are perfectly fine. Punch cards can be used with voter education.

Punch cards may not be the best medium, but they can be used if properly set up and maintained- like, dumping the chads out. And if counties have the DataVote- they actually have a superior system to most DRE's that do not produce a voter-verified paper ballot.

Disabled access is usually an issue of the visually impaired. There is a low-tech "touch" solution called ballot templates, used in Europe, Canada and I think Rhode Island.

The point is, DRE's are not the only solution. They may be best, although very slow for blind voters, who have the bigger obstacle of just getting to the polls.

I encourage everyone to get versed in your state's election law. (Yeh, I know, ugh....)

If something needs changing, get it changed. Watch for upcoming voting legislation that is counter the interests of representative democracy.

Watch for legislative rhetoric, like the example I just gave.

Don't let state officials tell you we must follow like lemmings because HAVA dictates DRE's. It isn't true. Study Title III of HAVA:

http://fecweb1.fec.gov/hava/law_ext.txt



LET’S GET THE HELP AMERICA VOTE ACT RIGHT (HAVA)

It is not true that counties have to discard punch card voting machines. The election reform passed by Congress, the Help America Vote Act (HAVA) states:

“(B) A state or jurisdiction that uses a paper ballot voting system, a PUNCH CARD voting system, or a central count voting system, (including mail-in absentee ballots and mail-in ballots), MAY MEET THE REQUIREMENTS of subparagraph (A)(iii)by-
(i) establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and
(ii) providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if they voter was otherwise unable to change the ballot or correct any error).”


Federal law does not mandate a Touch Screen machine for people with disabilities:

“Accessibility for individuals with disabilities-
The Voting system shall-
Satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system OR OTHER VOTING SYSTEM equipped for individuals with disabilities at each polling place.”


Federal legislation requires HAVA implementation by the first federal election in 2006, which would be in November, not January 1, 2006:

“...will be replaced in time for the FIRST ELECTION FOR FEDERAL OFFICE held after January 1, 2006.”

While the clause above includes time frames about punch card and lever replacement, Title III of the HAVA Act specifically allows punch cards with an educational program.

http://fecweb1.fec.gov/hava/law_ext.txt

Deadline: Title I, sec. 102, (a)(3)(B)
Punchcards: Title III, sec. 301, (a)(1)(B)
Disabilities: Title III, sec. 301, (a)(3)(B)

[geniph]

1. Thank you for this information

I will definitely be contacting my representatives.

[Bonobo]

2. Kick!

[RedEagle]

3. So Washington gets a chance call on the bills

And so people know you CAN'T take officials at their word.

[RedEagle]

4. Only a couple days left for bills to get to the floor

Email now, then follow up with a call.

This legislation gives us nothing and leaves loopholes a mile wide.