Chapter IV

Election Reform: An Analysis of Proposals and the Commission’s Recommendations for Improving America’s Election System

Chapter IV

Conclusions and Recommendations

The Commission has spent the last nine months studying the problems that occurred in the 2000 election and the ensuing reform efforts. The recommendations that follow have been proposed or supported by the organizations discussed in the preceding section. The Commission believes that their prompt implementation will lay the foundation for a more just and efficient election process.

NATIONAL ELECTION STANDARDS

In order for the recommendations that follow to be carried out, stronger partnerships must exist between state and federal officials. The diverse manner in which state and local governments administer elections results in unclear delineation of authority and accountability when irregularities occur. Thus, federal officials, with input from states, must establish national standards. There are several schools of thought on the extent to which the federal government should be involved in regulating state election systems. One is that there should be federal mandates requiring specific systems and processes, another is that there should be federally established minimum standards, and the third is that any standards established should be strictly voluntary (an approach favored by states).

The Federal Election Commission (FEC) is the regulatory agency originally charged with enforcing the statute that governs the financing of federal elections. Its role has been expanded to include oversight of election administration. The FEC already has the authority to provide a national clearinghouse for the compilation of information and review of procedures with respect to the administration of federal elections. It also has already developed voluntary national standards for voting systems.[1]

Recommendation 1: Minimum, mandatory, and voluntary national standards must be set.

The Commission finds that some processes are either at a level of importance, or so subject to violation, that they require federal mandates. However, most provisions only require the establishment of minimum federal standards while allowing states latitude to develop and implement systems tailored to local needs. Thus, Congress should pass legislation authorizing the FEC to obtain input from states in the establishment of minimum national standards for (but not limited to): equipment, error rates, use of absentee ballots, sample ballots, list maintenance (minimum periods for list review and unacceptable error rates), identity verification, ballot counting and tabulation (including what constitutes a valid vote), recounting, voter education efforts, felon disenfranchisement, and responsibilities of states versus counties during an election. For example, counties should maintain responsibility for recruiting and training poll workers according to minimum standards established by the federal government.

Components so critical to the preservation of voting rights that they require mandatory standards include: use of provisional ballots, incorporation of ballot kick-back features in voting equipment, collection and reporting of statistics immediately following an election, provision of language assistance, and assurance of accessibility for both polling places and voting materials. It is worth noting that legislative standards already exist for language and physical accessibility, which must now be translated into state practices. Other election administration procedures not presented here, as well as implementation and tailoring of practices and materials to local voter needs, would be voluntary.

The Commission recognizes that reform must take place swiftly and therefore implores Congress to also set dates and milestones and allocate sufficient funding to the FEC for the development and delivery of national standards for election administration. Finally, federal regulations must specify which agencies have the authority to enforce compliance with each of the standards and set forth the administrative procedures and penalties for noncompliance.

FUNDING ELECTION REFORM

Sufficient resources are vital to the implementation of nationwide election reform. States, and in turn counties, are ill equipped to pay costs associated with the implementation of new election standards and systems. Several significant proposals before Congress call for the federal government to fund elections. Election reform funding proposals in Congress range from $500 million to $2.5 billion. Proposed bills address such issues as the purchase of new voting equipment, poll worker training, and voter education.[2]

In addition to the amount of funding, a further consideration is who will have the authority to direct how the money is spent once it has been allocated. Views center on what, if any, federal guidelines or mandates should be attached to funding and how the delineation of responsibilities between state and federal governments should be set up. One view holds that federal funds lead to federal mandates. The other perspective is that federal funds for election reform must not impose any requirements on states.

Recommendation 2: Sufficient funding must be provided for election reform.

The Commission urges Congress to pass election reform legislation that is sufficient to address the array of needs of the states. Without adequate funding, there is little hope that future elections will run without as much controversy and error as found in the 2000 election, or that the commitment to reform will be more than rhetoric. With the allocation of funds to public or private entities comes the responsibility of judicious spending. States must continue to control election administration, but as discussed in the preceding recommendation, the federal government should set mandatory minimum guidelines and standards to ensure that baseline requirements for voting are being met and that resources, particularly for voting equipment and registration technologies, are being maximized.

STATE ADMINISTRATION OF ELECTIONS

The problems cited since the 2000 election have evoked questions about election accountability. Reform must take into account who will be responsible for ensuring that the myriad problems that occurred are remedied, that the right to vote is protected for all individuals, and that voters are able to file complaints and obtain assistance. The responsibility for the administration of elections rests largely with the states, which have great discretion to establish election procedures and delegate responsibilities to local government entities. However, someone must be held accountable for ensuring that election procedures are implemented in a nondiscriminatory manner and in compliance with the Voting Rights Act.

The Commission’s review identified three structures or models of state election administration.[3] In two of the models, the secretary of state is the chief election official and as such has a significant role in elections. The models identified are the “Sole” model, in which the secretary of state is the chief election officer; the “Shared” model, in which the secretary shares authority or responsibilities with another state entity; and the “Uninvolved’ model, in which the secretary has no role in the election process. The degree of a chief election official’s involvement in the administration of the election process depends on state statutes and regulations. Following is a table showing the administration model employed by each state.

Models of State Election Administration by Authority of Chief Election Official

Secretary of state

Number of states

Model of election administration

Appointed

Elected

None

1. “Sole”: Secretary of state as chief election official is the only official responsible for election administration

OR, TX

AL, AZ, CA, CO, CT, FL, IA, ID, IN, KS, MA, ME, MO, MN, NM, NE, NH, NV, ND, OH, SD, TN, VT, WA, WV, WY

28

2. “Shared”: Secretary of state shares responsibility with other state and local offices

MD, NJ

AR, GA, LA, MI, MS, MT

8

3. “Uninvolved”: Secretary of state has no election duties; another state office houses the chief election official

DE, NY, OK, PA, VA

AK, HI, IL, KY, NC, RI, SC, UT, WI

DC

15

Number of states

9

41

1

51

Source: U.S. Commission on Civil Rights analysis using Federal Election Commission, “The Administrative Structure of State Election Offices,” <http://www.fec.gov/pages/tech3.htm>, and other documents.

Recommendation 3: One central high-ranking official must have sole responsibility and accountability for elections.

To ensure accountability, it is necessary to have one central, high-ranking state official responsible for overseeing the entire election process, and conforming to the national standards referenced earlier. The Commission, therefore, supports the model wherein a chief election official, not necessarily the secretary of state, has sole responsibility for the management of elections, as is currently the case with most states (28). States set up under this model should have a designated staff or office within that of the chief election official, which provides information, guidance, and training to local officials. That office would also manage all local election-related data such as registration files and election statistics. The chief election official should ultimately be accountable for any failures in the system. The goals of such an administrative structure are to ensure accountability, but also non-partisanship. Therefore, chief election officials in each state should be subject to the same ethical standards as the sitting judiciary in the state’s highest court. In addition, standards for the behavior of chief election officials could be established as a condition for receipt of federal grant monies.

ENFORCEMENT OF VOTING RIGHTS

The existing voting rights laws, including the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act of 1984, and the National Voter Registration Act of 1993, must be enforced judiciously and strictly. One critical element to voting rights enforcement is on-site monitoring of polling places to ensure that procedures are followed and that every eligible citizen is afforded the right to vote. The current system, whereby the Department of Justice is responsible for monitoring elections on a request basis or based on past violations, has proven inadequate.

Recommendation 4: Laws protecting voting rights must be strictly enforced.

Efforts to strengthen enforcement at the federal and state levels must be made. The right to vote must be given top priority by all election officials. Enforcement of voting rights legislation should become a cooperative effort between all levels of government, the nongovernment sector, and the public.

The federal government’s monitoring function before and on Election Day must be expanded. Specifically, the Justice Department should be allocated sufficient funds to initiate a proactive discrimination prevention program. The Justice Department should take steps to identify, before an election, jurisdictions where there are large increases in voter registration, particularly in minority communities, so that it can watch for potential problems and be better prepared to vindicate any voting rights violations that occur. In addition, Congress should provide funding sufficient to enable the Justice Department to (1) purchase appropriate technology and equipment to monitor registration and purge procedures; (2) provide attorneys who would assist voters during the election and thereafter with pursuing allegations of discrimination or irregularities and with activating the complaint/appeals process; and (3) assist local precincts with monitoring on short notice. The federal government should also establish standard operating procedures and requirements for monitors.

PROCESSING COMPLAINTS

For the election process to work there must be government accountability at the federal, state, and local levels for ensuring that the right to vote is not impeded. Election officials should enforce the laws that protect the right to vote by implementing appropriate election systems, as well as procedures for recourse when the system fails. However, neither state nor county entities appear to have procedures for internally monitoring and documenting voting irregularities or complaints. States do not consistently use internal reporting systems or complaints processing to monitor the quality of local elections. Even in states that provide avenues for filing complaints to a state elections office, the complaints are usually referred back to the county or local official, who may be responsible for the problem in the first place, for investigation.

While some voters who had complaints in the 2000 election did contact an elections office or official, many did not file complaints with a government entity. In many instances, complaints were filed through community advocacy organizations such as the Lawyers Committee for Civil Rights Under Law, the NAACP, and the ACLU. While these groups receive complaints and represent litigants, they have no federal or state enforcement role. Acceptance of a case usually depends on the issue, the number of complainants involved, the strength of the case, and the likelihood of success.

Recommendation 5: Procedures for processing complaints must be improved.

The Commission believes complaint filing and resolution should take place outside the authority of the chief election official’s office, or the offices of other state or local election officials, so individuals are not forced to file a grievance with the same entity that committed the alleged violation. Further, it is important that the complaint process not be driven from the local level, so that local election officials can be held accountable for their actions and the actions of their poll workers.

The Commission thus recommends that the U.S. attorney’s office in each state be designated as the entity responsible for complaint resolution. Procedures for responding to complaints must be clearly defined to include strategies for investigation, timelines, and guidelines for available remedies. U.S. attorneys should be statutorily required to investigate complaints within an appropriate timeframe and provide written justification to voters for the dismissal of a complaint. Simultaneously, oversight of state procedures to ensure voting fairness should rest with the Department of Justice’s Civil Rights Division. The division should perform random administrative audits of precincts’ voting procedures to ensure they are in compliance with federal legislation and provide legal consultation to U.S. attorneys as needed.

In addition, to facilitate the complaint process, the instructions for filing a grievance must be readily available and highly publicized. Brochures explaining voters’ rights and complaint forms should be made available at all polling sites and on the Internet, and a statewide toll-free complaint hotline should be established in each state. The complaint process itself should be simple enough so as not to discourage voters from utilizing this as an option.

TRACKING AND REPORTING ELECTION DATA

States do not have uniform standards to follow for collecting election data. Some states currently provide precinct information immediately after an election, such as analyses of ballots, how many were spoiled, what equipment was used, and how many poll workers were available to assist with problems. Other states compile such information months after an election, while still others do not compile it at all. Lack of information makes it hard for individuals to file a complaint, much less take legal action. This issue must be addressed in order for private rights of action to be maximized and voter rights protected, as well as to make states and precincts accountable for their election systems.

Recommendation 6: Election data must be uniformly tracked and reported.

The Commission believes that to facilitate both individual rights of action and federally initiated legal challenges, it is necessary that appropriate election data be collected uniformly across precincts in every state. To identify disparities in precinct election systems, states should collect data on such precinct characteristics as the equipment and types of ballots used; the availability of communications systems; number of poll workers; poll worker training programs; polling place hours; ballot availability in non-English languages and Braille; accessibility features used to assist voters with disabilities and non-English speakers; and criteria used for purging names from registration lists. These data should be made available for public use immediately following an election.

From an enforcement standpoint, it is also important that states be required to collect and report data on voter turnout and spoiled ballots (overvotes and undervotes) by county. This will enable both state and federal investigators to identify election irregularities. This is a long-term measure that would make precincts more accountable for ensuring that voting equipment is adequate, ballots are not confusing, and Election Day procedures are implemented appropriately.

As the officer responsible for election administration, the chief election official should be responsible for collecting election data, which should be readily available to constituents. Information about how to obtain data should be available on the Internet and in brochures available at polling places. Standards for the information to be collected should be established at the federal level, through the FEC, so that state-by-state comparisons and analyses can be performed. In addition, there should be a central repository established for all election data to facilitate the public’s ability to obtain information.

CHECKLIST OF ELECTION ACTIVITIES

State election officials are responsible for year-round activities targeted toward protecting voting rights, as well as ensuring that local officials have appropriate resources to conduct elections efficiently. Local election officials must ensure the smooth operation of voter registration and the polls so that voters, irrespective of race, national origin, ethnicity, gender, age, disability, or religion, have the opportunity to vote and have their vote counted.

Recommendation 7: Election checklists must be established.

Because of the many tasks required to ensure the smooth operation of elections, the Commission recommends that state election officials work with the federal government to develop minimum requirements for a standard checklist that would be tailored by states to accommodate local needs, for every function that should be completed before, during, and after an election. The list would include all tasks that must be performed by state and local election officials, including supervisors of elections and precinct workers. The list must also serve as an accountability tool, requiring specific designation of duties to individuals, and signatures that certify the accomplishment of each task.

A checklist would be useful because it would help ensure that long enough before an election, the necessary systems and procedures were in order. It would enable those responsible to identify problems in advance and correct them. Attaching timelines to actions would also ensure that appropriate steps are taken far enough in advance to correct problems. A checklist would also provide the opportunity for those responsible to verify to local, state, and federal officials, as well as the public, that they have prepared appropriately. A sample checklist for state election officials follows. Other similar lists would be developed for each person who has responsibility in the election process, from top-level election officials to poll workers. The following list is offered as a conceptual model for discussion and is not intended be an exhaustive list of the contents of a checklist.

Sample Checklist for State Election Officials

Verification of Task Completion

Tasks to be Completed

Completion Dates

Signature of Responsible Official (Upon Completion)

Planned

Actual

General Civil Rights Compliance

1.       Verify that state and local election procedures are in compliance with federal civil and voting rights laws, including Section 5 of the Voting Rights Act of 1965.

2.       Ensure that counties have adequate funding for

a.        required voting technology, including precinct computers to access voter registration lists and additional telephone lines for Election Day communication between the precinct and supervisors of elections;

b.       appropriate staffing for election precincts;

c.        additional staff and training required for departments of motor vehicles to provide the additional services mandated by the National Voter Registration Act;

d.       appropriate voter education on voting processes, including initiatives for first-time voters, and for special needs of residents in their respective counties, and for formats, such as public service announcements and advertisements, that are best designed to reach residents with limited English proficiency or other special needs;

e.        effective training for poll workers and other election workers and officials, including training on providing required assistance to individuals with special needs.

3.       Adopt appropriate administrative rules that provide clear guidance and oversight responsibilities for election officials at every level to ensure proper implementation of procedures that protect the voting rights of all citizens.

4.       Work to pass and implement any state laws, funding, and/or administrative rules needed to provide former felons restoration of their civil rights upon satisfaction of their sentences.

5.       Provide technical assistance to local election officials in developing estimates of expected election turnout by precinct.

6.       Establish and clearly publicize statewide complaint procedures.

Accessibility Issues

7.       Establish minimum standards for polling places to ensure that they are fully accessible for individuals with disabilities and that persons with special needs receive proper language assistance in exercising their right to vote.

8.       Study and collect information on the accessibility of polling places throughout the state.

9.       Develop legislation or promulgate administrative rules to require that supervisors of elections consult with people with disabilities, people with limited English proficiency, and their advocacy and affected community groups to ensure that ballots are readily understood by voters; that voting systems are accessible to them; and that poll workers provide adequate assistance.

Voter Registration and List Maintenance

10.    Establish a system for monitoring list maintenance activities to ensure that voter registration lists do not discriminate and are in compliance with the Voting Rights Act. In particular, examine for compliance the methods of and criteria for compiling the exclusion lists, matching algorithms for identifying duplicates, error rates for purge lists, the burden placed on the voter to void the purging of his or her name from these lists, and the method by which private entities are involved with list maintenance.

11.    Provide clear guidance on how supervisors of elections verify the accuracy of information used to purge a voter from the voting file. Require timely notification of persons whose names will be purged from the lists and provision for an appeal process.

12.    Mandate through legislation and/or the appropriate promulgation of administrative rules that the state’s department of motor vehicles forward completed voter registration applications to the supervisor of elections office of the new county of residence for the voter.

13.    Ensure that driver’s license examiners are trained to inform applicants that any change in their driver’s license files does not automatically update their voter registration information or that completion of registration applications does not guarantee the appearance of their names on the voter rolls in their county of residence.

Verification of Voter Registration on Election Day

14.    Establish a monitoring system to ensure that polling places have adequate technological support (i.e., sufficient telephone systems or computers) to communicate with election officials or to access data to resolve voter registration issues on Election Day; or work to establish procedures that minimize or eliminate the need to contact election supervisors to resolve voter registration issues on Election Day.

The Use of Affidavits and Provisional Ballots

15.    Promulgate appropriate administrative rules regarding the use of affidavits and provisional ballots when eligibility to vote is in question. The rules should provide voters access to provisional ballots in every polling place where the voter executes an appropriate affidavit attesting that he or she is legally entitled to vote on Election Day; and provide the voter an immediate right to appeal the discarding of a ballot prior to the canvassing of the election or counting of ballots.

16.    For votes cast by affidavit or provisional ballot, provide a method of distinguishing such ballots from other ballots; establish a mechanism for verification to capture and annul any fraudulent votes, as well as to notify the voter of the reason for the rejection of the ballot; and provide the voter with an immediate right to appeal the discarding of any ballot or the refusal of any opportunity to vote prior to the final canvassing of the election.

17.    Require each supervisor of elections to submit a report providing detailed information on specific steps that ensure that voters are given adequate notice about opportunities and requirements relating to voting by affidavit or provisional ballot. The report should also include information about the training of poll workers and other election officials to implement these provisions.

Voting Systems, Equipment, and Ballots

18.    Work to enact legislation requiring the use of voting technology that maximizes the chances that a voter will have his or her vote count.

19.    Institute an effective monitoring system to ensure uniform implementation of voting systems throughout the state. In particular, the system should ensure that uniformity exists with respect to uncounted or rejected votes throughout the state, for example through handling spoiled ballots appropriately, allowing for a precinct count, or providing an opportunity for the voter to correct his/her ballot.

20.    Ensure through legislation or administrative rulemaking that ballot designs are as uniform and simple as possible for all state residents, including individuals with disabilities and those with language assistance needs.

Training for Election Officials and Poll Workers

21.    Monitor technical assistance, education, and training to ensure that supervisors of elections, other election officials, and poll workers are receiving uniform interpretation of election laws.

22.    Provide technical assistance to supervisors of elections to promote uniformity in poll worker training materials and provide guidance on state voting regulations, as well as to provide funding for supplemental training.

23.    Establish certification requirements for poll workers to ensure that poll workers are recently instructed in the basics of election law and procedures and in protecting voters’ rights.

24.    Ensure that voter education and training for poll workers and other election workers and officials has information on all appropriate policies and procedures, including, but not limited to, general voting rights, a voter’s rights while at the polling place, how the voter should use the selected voting technology, and the proper procedures to resolve issues that arise at the polling place on Election Day.

PROVISIONAL BALLOTS

Despite improvements in voter registration management brought on with the National Voter Registration Act of 1993, there were still numerous complaints of erroneous registration lists, names falsely being purged, and delays in adding new names to the lists. In many states, voters are not provided the option to vote via provisional ballot until verification of their voting eligibility is proven, and in other states where this alternative exists, voters are unaware of this right. In fact, the National Voter Registration Act requires states to let voters cast a ballot if they have moved within a jurisdiction in which they were previously registered. However, at the time of the 2000 election, only 19 states used provisional ballots.

Recommendation 8: Provisional ballots must be provided to voters on Election Day.

The Commission has stressed the importance of the right to vote, and certainly that right should not be impeded by avoidable clerical or administrative errors, or confusion about complicated registration procedures. Therefore, the Commission recommends that every state be required to provide provisional ballots to all voters who wish to contest their absence from voter registration lists or who have recently moved to a new jurisdiction. In addition, provisional ballots should be available to voters at any polling place, irrespective of the precinct in which the voter resides. Ballots should be sent to the home jurisdiction for tallying. Verification of the eligibility of provisional ballot voters should be performed immediately after an election (within three days, for example) so that either the vote can be counted or the voter can be given the opportunity to appeal the decision not to count his or her ballot.

CERTIFICATION OF ELECTION RESULTS

The early release of election results, compounded by premature speculation by the media, resulted in confusion over the winner and dissuasion of voters who had not yet cast a ballot. Because of the closeness of the 2000 election, the effect was magnified. In addition, many questions arose about the certification of results and whether election officials were to cease counting and recounting ballots. While the media cannot be forced to withhold projections, election officials can be prohibited from making early declarations about an election’s outcome, and provisions can be put in place to ensure adequate time to resolve emerging issues that might affect election results.

Recommendation 9: A 21-day certification period must be established for election results.

Congress should establish a mandatory waiting period after elections before certification to include the counting of provisional, absentee, and overseas ballots and to allow for appropriate resolution of any voting discrepancies or disputes (such as those that surfaced with the butterfly ballot in the 2000 Florida election). The Commission recommends that states allow 21 days after an election to perform the necessary administrative and counting duties associated with elections, as well as any necessary recounts. This would also give individuals who have a complaint the opportunity to have some resolution and perhaps cast a post-election ballot, and would allow time for those who cast provisional votes to appeal a decision not to count that vote. State election officials should be prohibited from “calling” an election until such a time when all votes have been counted, discrepancies resolved, and voter complaints and appeals addressed. States should develop clear guidelines and/or modify existing regulations for the conduct of election certification, giving consideration to all possible scenarios.

DEADLINES FOR VOTER REGISTRATION

Under the National Voter Registration Act states may impose deadlines for registration and other requirements that can impede voting opportunities. The following table shows that about half the states and the District of Columbia require people to register to vote 29 to 31 days before an election. In 13 states citizens can register 16 to 28 days before an election. Six states permit registration as few as 10 to 15 days before an election. Only six states provide for voter registration at the polls on Election Day and are thereby exempt from the National Voter Registration Act. North Dakota is also exempt—it requires no voter registration.[4]

Deadlines for Voter Registration by State

Days before an election

Models of State Election Administration by Authority of Chief Election Official
	Secretary of state			Number of states
Model of election administration	Appointed	Elected	None
1. “Sole”: Secretary of state as chief election official is the only official responsible for election administration	OR, TX	AL, AZ, CA, CO, CT, FL, IA, ID, IN, KS, MA, ME, MO, MN, NM, NE, NH, NV, ND, OH, SD, TN, VT, WA, WV, WY		28

2. “Shared”: Secretary of state shares responsibility with other state and local offices	MD, NJ	AR, GA, LA, MI, MS, MT		8

3. “Uninvolved”: Secretary of state has no election duties; another state office houses the chief election official	DE, NY, OK, PA, VA	AK, HI, IL, KY, NC, RI, SC, UT, WI	DC	15

Number of states	9	41	1	51

Source: U.S. Commission on Civil Rights analysis using Federal Election Commission, “The Administrative Structure of State Election Offices,” <http://www.fec.gov/pages/tech3.htm>, and other documents.

Sample Checklist for State Election Officials
Verification of Task Completion Tasks to be Completed	Completion Dates		Signature of Responsible Official (Upon Completion)
	Planned	Actual	Signature of Responsible Official (Upon Completion)
*General Civil Rights Compliance*
1. Verify that state and local election procedures are in compliance with federal civil and voting rights laws, including Section 5 of the Voting Rights Act of 1965.
2. Ensure that counties have adequate funding for a. required voting technology, including precinct computers to access voter registration lists and additional telephone lines for Election Day communication between the precinct and supervisors of elections; b. appropriate staffing for election precincts; c. additional staff and training required for departments of motor vehicles to provide the additional services mandated by the National Voter Registration Act; d. appropriate voter education on voting processes, including initiatives for first-time voters, and for special needs of residents in their respective counties, and for formats, such as public service announcements and advertisements, that are best designed to reach residents with limited English proficiency or other special needs; e. effective training for poll workers and other election workers and officials, including training on providing required assistance to individuals with special needs.
3. Adopt appropriate administrative rules that provide clear guidance and oversight responsibilities for election officials at every level to ensure proper implementation of procedures that protect the voting rights of all citizens.
4. Work to pass and implement any state laws, funding, and/or administrative rules needed to provide former felons restoration of their civil rights upon satisfaction of their sentences.
5. Provide technical assistance to local election officials in developing estimates of expected election turnout by precinct.
6. Establish and clearly publicize statewide complaint procedures.
Accessibility Issues
7. Establish minimum standards for polling places to ensure that they are fully accessible for individuals with disabilities and that persons with special needs receive proper language assistance in exercising their right to vote.
8. Study and collect information on the accessibility of polling places throughout the state.
9. Develop legislation or promulgate administrative rules to require that supervisors of elections consult with people with disabilities, people with limited English proficiency, and their advocacy and affected community groups to ensure that ballots are readily understood by voters; that voting systems are accessible to them; and that poll workers provide adequate assistance.
Voter Registration and List Maintenance
10. Establish a system for monitoring list maintenance activities to ensure that voter registration lists do not discriminate and are in compliance with the Voting Rights Act. In particular, examine for compliance the methods of and criteria for compiling the exclusion lists, matching algorithms for identifying duplicates, error rates for purge lists, the burden placed on the voter to void the purging of his or her name from these lists, and the method by which private entities are involved with list maintenance.
11. Provide clear guidance on how supervisors of elections verify the accuracy of information used to purge a voter from the voting file. Require timely notification of persons whose names will be purged from the lists and provision for an appeal process.
12. Mandate through legislation and/or the appropriate promulgation of administrative rules that the state’s department of motor vehicles forward completed voter registration applications to the supervisor of elections office of the new county of residence for the voter.
13. Ensure that driver’s license examiners are trained to inform applicants that any change in their driver’s license files does not automatically update their voter registration information or that completion of registration applications does not guarantee the appearance of their names on the voter rolls in their county of residence.
Verification of Voter Registration on Election Day
14. Establish a monitoring system to ensure that polling places have adequate technological support (i.e., sufficient telephone systems or computers) to communicate with election officials or to access data to resolve voter registration issues on Election Day; or work to establish procedures that minimize or eliminate the need to contact election supervisors to resolve voter registration issues on Election Day.
The Use of Affidavits and Provisional Ballots
15. Promulgate appropriate administrative rules regarding the use of affidavits and provisional ballots when eligibility to vote is in question. The rules should provide voters access to provisional ballots in every polling place where the voter executes an appropriate affidavit attesting that he or she is legally entitled to vote on Election Day; and provide the voter an immediate right to appeal the discarding of a ballot prior to the canvassing of the election or counting of ballots.
16. For votes cast by affidavit or provisional ballot, provide a method of distinguishing such ballots from other ballots; establish a mechanism for verification to capture and annul any fraudulent votes, as well as to notify the voter of the reason for the rejection of the ballot; and provide the voter with an immediate right to appeal the discarding of any ballot or the refusal of any opportunity to vote prior to the final canvassing of the election.
17. Require each supervisor of elections to submit a report providing detailed information on specific steps that ensure that voters are given adequate notice about opportunities and requirements relating to voting by affidavit or provisional ballot. The report should also include information about the training of poll workers and other election officials to implement these provisions.
Voting Systems, Equipment, and Ballots
18. Work to enact legislation requiring the use of voting technology that maximizes the chances that a voter will have his or her vote count.
19. Institute an effective monitoring system to ensure uniform implementation of voting systems throughout the state. In particular, the system should ensure that uniformity exists with respect to uncounted or rejected votes throughout the state, for example through handling spoiled ballots appropriately, allowing for a precinct count, or providing an opportunity for the voter to correct his/her ballot.
20. Ensure through legislation or administrative rulemaking that ballot designs are as uniform and simple as possible for all state residents, including individuals with disabilities and those with language assistance needs.
Training for Election Officials and Poll Workers
21. Monitor technical assistance, education, and training to ensure that supervisors of elections, other election officials, and poll workers are receiving uniform interpretation of election laws.
22. Provide technical assistance to supervisors of elections to promote uniformity in poll worker training materials and provide guidance on state voting regulations, as well as to provide funding for supplemental training.
23. Establish certification requirements for poll workers to ensure that poll workers are recently instructed in the basics of election law and procedures and in protecting voters’ rights.
24. Ensure that voter education and training for poll workers and other election workers and officials has information on all appropriate policies and procedures, including, but not limited to, general voting rights, a voter’s rights while at the polling place, how the voter should use the selected voting technology, and the proper procedures to resolve issues that arise at the polling place on Election Day.