Re: Re: Emergency Measures To Protect The 2004 Vote Count (EM2004)

From: Joseph Lorenzo Hall <joehall_at_gmail_dot_com>
Date: Mon Sep 06 2004 - 18:15:06 CDT

On Mon, 6 Sep 2004 15:25:25 -0700, Ellen Theisen <ellent@olympus.net> wrote:
> I talked to a 30-year election judge in Austin just this morning. She has
> worked with hand-counts, punch cards, and now eSlate. She says the eSlates
> are by far the most complicated and unpleasant to use.

Not that this is germaine to the topic at hand, but the eSlates *are*
the most complicated of DREs out there (the newer Unilect Patriot not
withstanding)... all the problems reported in the press about them
center around their complexity.

> **On another note, this judge also said that in her training for this year,
> they told her she was NOT ALLOWED to point people to the right precinct if
> it was clear they were in the wrong one. Instead she is supposed to give
> them a provisional ballot, which won't be counted. She thought this might be
> in HAVA because they made it sound that way. I don't think that rule is in
> HAVA. Am I wrong?

This sounds like a confluence of local and fed. stuff... HAVA
certainly doesn't say anything like the above in Sec. 302 on
provisional voting:

[...]

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

(a) PROVISIONAL VOTING REQUIREMENTS.—If an individual
declares that such individual is a registered voter in the jurisdiction
in which the individual desires to vote and that the individual
is eligible to vote in an election for Federal office, but the name
of the individual does not appear on the official list of eligible
voters for the polling place or an election official asserts that the
individual is not eligible to vote, such individual shall be permitted
to cast a provisional ballot as follows:

(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.

(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is—

(A) a registered voter in the jurisdiction in which the
individual desires to vote; and

(B) eligible to vote in that election.

(3) An election official at the polling place shall transmit
the ballot cast by the individual or the voter information contained
in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election
official for prompt verification under paragraph (4).

(4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible under
State law to vote, the individual's provisional ballot shall be
counted as a vote in that election in accordance with State
law.

(5)(A) At the time that an individual casts a provisional
ballot, the appropriate State or local election official shall give
the individual written information that states that any individual
who casts a provisional ballot will be able to ascertain
under the system established under subparagraph (B) whether
the vote was counted, and, if the vote was not counted, the
reason that the vote was not counted.

(B) The appropriate State or local election official shall
establish a free access system (such as a toll-free telephone
number or an Internet website) that any individual who casts
a provisional ballot may access to discover whether the vote
of that individual was counted, and, if the vote was not counted,
the reason that the vote was not counted.

States described in section 4(b) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg–2(b)) may meet the requirements
of this subsection using voter registration procedures established
under applicable State law. The appropriate State or local official
shall establish and maintain reasonable procedures necessary to
protect the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free access
system established under paragraph (5)(B). Access to information
about an individual provisional ballot shall be restricted to the
individual who cast the ballot.

-- 
Joseph Lorenzo Hall
UC Berkeley, SIMS PhD Student
http://pobox.com/~joehall/
blog: http://pobox.com/~joehall/nqb2/
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Received on Thu Sep 30 23:17:03 2004

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