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May 09, 2008 Providing legal resources and election news to California election officials and the attorneys who represent them. |
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« January 2005 | Main | March 2005 » February 28, 2005 Clinton, Boxer Pushing e-voting Bill in SenateThis story discusses the bill to enact the Count Every Vote Act, the most recent federal effort to require a paper trail for touchscreen systems. Posted by Randy Riddle at 03:14 PM | Permalink. . . Keene Wants Voters to Show ID"Voters who go to the polls in Butte County are asked by an election worker for their name and address. After they sign their name, they're given a ballot. Assemblyman Rick Keene, R-Chico, wants to add a couple of steps to that process. He has proposed a state law that would require voters to show identification and proof of residency before they can vote." The story is here. Other bills to require ID at the polls are listed here. Posted by Randy Riddle at 08:45 AM | Permalink. . . Appeal in S.D. Mayor Re-election Case FiledThe story on the latest chapter in this dispute over how write-in votes should be counted can be found here. Posted by Randy Riddle at 08:37 AM | Permalink. . . February 25, 2005 AB 1096: Return of Absentee BallotElections Code section 3017 authorizes designated persons to return an absentee ballot for a voter only if the voter is ill or is suffering from a physical disablity. Assembly Member Umberg has introduced AB 1096, which authorizes designated persons to return an absentee ballot whenever the absent voter "is unable to return the ballot." Posted by Randy Riddle at 11:22 AM | Permalink. . . EAC Explores Use of Provisional Voting in 2004 ElectionFrom the EAC press release: "With a public hearing held this week in Columbus, Ohio, members of the U.S. Election Assistance Commission (EAC) began a process to develop guidance for states on provisional voting by September 2005." Posted by Randy Riddle at 09:24 AM | Permalink. . . February 24, 2005 Secretary of State's Ads Cleared by Federal CommissionThe story about the EAC decision on the New Mexico Secretary of State's Office's use of HAVA funds is here. Posted by Randy Riddle at 03:20 PM | Permalink. . . SB 1012: Voter Kiosks in Rural AreasSenator Florez has introduced SB 1012, which would require the Secretary of State to implement a pilot program to install voter kiosks in shopping malls in rural counties with the lowest voter turnout for a specified time period. The kiosks would serve as locations for voter registration and as polling places on election day. Posted by Randy Riddle at 11:15 AM | Permalink. . . February 23, 2005 Election Official: Provisional Ballot Counting Law Needs ClarifiedThis story reports on the EAC hearing conducted today at Ohio State University. From the story: "A state-issued directive that poll workers refuse provisional ballots for people who try to vote in a precinct where they don't live seemed to conflict with federal law, said Michael Vu, director of the Cuyahoga County elections board. Vu told the U.S. Election Assistance Commission that the apparent conflict led him to defy the state order and have poll workers give voters provisional ballots even if they couldn't prove their addresses. "Ohio's provisional balloting was not a model for the nation to follow," Vu said." Update: A related Los Angeles Times story can be found here. Posted by Randy Riddle at 04:43 PM | Permalink. . . February 22, 2005 Confidential Registration for Safety OfficersSenator Poochigian has introduced SB 506 to allow safety officers to register confidentially. Posted by Randy Riddle at 07:17 PM | Permalink. . . Bill Authorizing Instant Runoff VotingSenator Bowen has introduced SB 596 to authorize general law cities to use instant runoff voting, cumulative voting and choice voting to elect officers and fill vacancies. Posted by Randy Riddle at 09:30 AM | Permalink. . . News on More Proposed Changes to HAVADemocrats and Republicans are busy introducing bills to amend HAVA. A Washington Times story discussing some of these recent efforts can be found here. Posted by Randy Riddle at 06:33 AM | Permalink. . . February 21, 2005 San Leandro Eyes Instant Runoff VotingThe story is here. Posted by Randy Riddle at 08:17 PM | Permalink. . . Bill on Precinct SizeElections Code section 12223 provides that a precinct may not have more than 1,000 voters on the 88th day before an election. Senator Bowen has introduced SB 370, which provides that permanent absentee voters would not be counted in determining whether a precinct satisfies this requirement. Posted by Randy Riddle at 07:54 AM | Permalink. . . February 19, 2005 SB 226: State Bill to Require Voter IDSenator Cox has introduced SB 226, which requires a voter to present proof of his or her identity and residency to a member of the precinct board in order to receive a ballot. The bill specifies the types of identification documents that could be used. In addition, the bill authorizes the Secretary of State to designate other forms of acceptable identification. If a voter did not have proper identification or proof of residency, the voter would cast a provisional ballot. The bill does not specify the standards election officials would use to determine whether to count such provisional ballots. Update: Assembly Member Wyland has introduced AB 934. In addition to requiring ID at the time of voting, this bill would require individuals to provide proof of citizenship when they register to vote and require election officials to maintain the evidence submitted for a period of two years. It would also require persons who vote by absentee ballot to include evidence of their identification on the absentee ballot envelope. Second Update: Assembly Member Keene has introduced AB 1006, which is similar to Senator Cox's bill. Posted by Randy Riddle at 09:47 AM | Permalink. . . February 18, 2005 New FPPC CommissionerEugene Huguenin is the newest member of the Fair Political Practices Commission. The FPPC's press release about the appointment is here. Posted by Randy Riddle at 11:09 AM | Permalink. . . More News on Election Reform LegislationElectionline.org has this story on proposed legislation in a number of states to require a voter verified paper audit trail. And the LA Times has published this story about two of the many new bills introduced in Congress aimed at amending HAVA. Posted by Randy Riddle at 10:59 AM | Permalink. . . February 16, 2005 AB 432: Voting Rights of New CitizensUnder Elections Code section 3500, a California resident who becomes a United States citizen in the last 15 days before an election may register and vote at the county elections office at any time beginning on the 14th day before an election and ending on the 7th day prior to election day. AB 432, introduced by Assembly Member Oropeza, would allow a new citizen to register and vote at another location established by the county elections official, and it would extend the period to register and vote until 8 p.m. on Election Day. Posted by Randy Riddle at 12:13 PM | Permalink. . . Report on the 2004 ElectionElectionline.org has published a report on the 2004 election. It covers a number of issues, including electronic voting, provisional ballots and pollworkers. The report (in pdf format) is available here. Posted by Randy Riddle at 11:57 AM | Permalink. . . February 14, 2005 VSPP Meeting -- Grandfathered Voting SystemsThis is the Secretary of State staff report on "grandfathered" voting systems that will be discussed at the February 17 VSPP meeting. Posted by Randy Riddle at 08:34 AM | Permalink. . . Meeting the 2006 HAVA DeadlineThis story underscores the fact that meeting the 2006 deadline for HAVA compliance is a concern across the country. "Hampered by delays in federal guidance and local political complications, the officials acknowledge that the lag could lead to problems in next year's voting. They also fear being penalized for missing deadlines to revamp their voting systems under a 2002 law." The USA Today story is here. Posted by Randy Riddle at 06:36 AM | Permalink. . . February 12, 2005 Federal Voting Systems BillThis bill would impose certain requirements on voting systems vendors (similar to those imposed by California law), prohibit conflicts of interest by voting systems testing authorities, and require the posting of a notice advising voters of their right to file a complaint if they believe that a voting machine is not working properly. The text of H.R. 470 can be found here. Posted by Randy Riddle at 12:18 PM | Permalink. . . February 11, 2005 Bruce McPherson BioHere is a 2002 bio of Bruce McPherson who, subject to confirmation by the Legislature, is the next California Secretary of State. Here is a KCBS story on the appointment. Update: In 2000, Senator McPherson introduced SCA 13, to make the office of Secratary of State nonpartisan. Posted by Randy Riddle at 10:25 AM | Permalink. . . Concerns Over New Voter ID Requirements in ArizonaThe story about disputes over implementation of Proposition 200 for the March 2005 election is here. Posted by Randy Riddle at 07:02 AM | Permalink. . . February 10, 2005 EAC Hearing on Provisional BallotsOn February 23, the Election Assistance Commission will conduct a meeting at Ohio State University to "receive presentations on the following: Transition of the Voting System Certification Process to EAC and the Transition of The Lab Certification Process to NIST and EAC." Later in the day, the EAC will conduct a hearing to "identify the successes and problems involved with the use of provisional voting." The meeting agenda, and instructions for providing comments, can be found here. Posted by Randy Riddle at 11:28 AM | Permalink. . . VIVA HAVAUnited States Senator John Ensign (NV) has introduced a bill that would amend HAVA to require a voter-verified paper trail for touchscreen systems. The Senator's statement about his bill to enact the Voting Integrity and Verification Act (VIVA) is available here. I will post the text of the bill when it becomes available. Posted by Randy Riddle at 09:07 AM | Permalink. . . February 09, 2005 Judge stops Blackwell from enforcing deadline in countyThe latest chapter on the dispute between the Ohio Secretary of State and county election officials is here. Posted by Randy Riddle at 03:44 PM | Permalink. . . No-Shows Annoy Group Probing 2004 ElectionThe congressional committee conducting a hearing on the November 2004 election is expressing frustration with the failure of Ohio and Florida Secretaries of State to appear at the hearing. The story is here. Posted by Randy Riddle at 03:40 PM | Permalink. . . Attorney General Initiative Status WebsiteThe California Attorney General maintains a website that provides the text of every proposed statewide initiative measure that has been submitted to that office for a title and summary. In addition, you can subscribe to "InitiativeList" and receive an email notice of every new initiative that has been submitted, and the title and summary prepared by the office. Posted by Randy Riddle at 10:44 AM | Permalink. . . VSPP Agenda ChangeThe agenda for the February 17 meeting of the Voting Systems and Procedures Panel has been revised. The item regarding the Avante Optical Vote-Trakker has been removed at the vendor's request. The revised agenda can be found here. Posted by Randy Riddle at 08:49 AM | Permalink. . . Congressional Committee Examines 2004 Election ReformsThe AP story about the hearing is here. Posted by Randy Riddle at 08:42 AM | Permalink. . . County Changes Provisional Ballot ProceduresElection officials in King County, Washington have changed their provisional ballot procedures in response to problems experienced in the November 2004 election, when hundreds of provisional ballots were counted before determining that the voters were properly registered. The story can be found here. Posted by Randy Riddle at 06:38 AM | Permalink. . . February 08, 2005 Status of InitiativesYou can keep track of the 75 initiative measures that are being circulated or at the Attorney General's Office for title and summary at this Secretary of State site. Posted by Randy Riddle at 07:06 PM | Permalink. . . Next Voting Modernization Board MeetingThe next meeting of the Voting Modernization Board is scheduled for February 17 at 2:00 p.m. Items to be discussed include a possible change to the July 1, 2005 deadline for counties to submit their Project Documentation Plans, and adoption of a policy to request that Counties that have not begun modernization of their voting systems to submit detailed interim reports. The complete agenda for the meeting is here. The minutes of the January 21 VMB meeting are available here. In addition, the Board has issued a status report on Proposition 41 funding to counties, which can be found here. Posted by Randy Riddle at 04:55 PM | Permalink. . . Spitzer Seeks Immediate Fix To State’s Voting SystemThis article discusses a report issued by the Attorney General of New York about steps he believes the state needs to take to comply with HAVA and reform its election system. Posted by Randy Riddle at 06:57 AM | Permalink. . . February 07, 2005 Election Officials Work on Making ChangesThis AP story in the San Francisco Chronicle reports on the HAVA discussions at the National Association of Secretaries of State conference underway in Washington D.C. Posted by Randy Riddle at 01:41 PM | Permalink. . . AB 158: Shortening Voter Registration DeadlinesAssembly Member Bermudez has introducted AB 158, which would shorten a number of voter registration deadlines. For example, under existing law, the county elections officials must accept affidavits of registration at all times except during the 14 days immediately preceding any election. AB 158 would shorten this 14-day period to seven days. Similarly, under existing law, a registered California voter who moves within the county within 14 days before an election is entitled to vote in that election in the precinct from which the person moved. Assembly Member Bermudez's bill would change that period to 7 days. Posted by Randy Riddle at 08:50 AM | Permalink. . . Special Election May See Record Number of InitiativesAs the San Francisco Chronicle reports, if Governor Schwarzenegger calls a special statewide election for this fall, a record number of initiative measures may appear on the ballot. The story is here. Posted by Randy Riddle at 06:24 AM | Permalink. . . February 05, 2005 AB 187: Extending Deadline for Overseas Military BallotsAssembly Member Mountjoy has introduced a bill to extend the deadline for receipt of absentee ballots of active military personnel stationed overseas. Under AB 187, if the absentee ballot is postmarked or signed and dated by election day, the ballot must be counted if it is received no later than 10 days after the election. Posted by Randy Riddle at 02:57 PM | Permalink. . . Ohio Elections Officials Protest DeadlineLocal election officials in Ohio are objecting to the February 9 deadline set by Secretary of State Kenneth Blackwell for choosing new voting systems to comply with HAVA. The protest comes in light of Blackwell's January 12 order to counties to choose an approved optical scan system, or have Blackwell's office choose a system for them. The story can be found here (registration required). Posted by Randy Riddle at 02:32 PM | Permalink. . . February 04, 2005 AB 216: Requiring Posting of Notices for Changed Polling PlacesAssembly Member Oropeza has re-introduced a bill providing that if the polling place designated for a precinct has been relocated from the location that was during the preceding two consecutive statewide elections, the elections official must post a notice of the location of the new polling place in a format and manner deemed appropriate by the local elections official. AB 216 can be found here. Governor Schwarzenegger vetoed a bill in the last legislative session (AB 2748) to impose this requirement. His veto message is here. Posted by Randy Riddle at 10:32 AM | Permalink. . . Voting Systems NewsIn Ohio, Hart InterCivic has sued Secretary of State Kenneth Blackwell to challenge his January 12 decision to ban the use of DREs in favor of optical scan systems. Hart's lawsuit accuses Blackwell of changing the rules in the middle of the game. The Cleveland Plain Dealer's article on the lawsuit can be found here. In Washington, the Secretary of State has ordered an audit of all voting systems in the state to evaluate whether they are secure and using certified software. The Seattle Post Intelligencer's article on this issue can be found here. Posted by Randy Riddle at 08:08 AM | Permalink. . . February 02, 2005 SB 39: Permanent Absentee VotersElections Code section 3206 currently requires that a voter's name be removed from the permanent absentee voter list if the voter fails to cast a ballot in any statewide election. Senator Murray has introduced a bill that would amend section 3206 to provide that a voter's name would be removed from the list only if he or she failed to vote in two consecutive statewide elections. SB 39 can be found here. Posted by Randy Riddle at 05:57 PM | Permalink. . . February 01, 2005 City Lacks Standing to Challenge Ethics InitiativeThe California Court of Appeal in Los Angeles has ruled that a City of Santa Monica challenge to an initiative measure imposing strict new ethics requirements on city officials was not justiciable. The court concluded that Santa Monica lacked standing to challenge the measure, and that the challenge was not ripe for adjudication. In a City of Pasadena challenge to an analogous initiative measure, the court held that the trial court should have granted the defendants' motion to dismiss the challenge under California's SLAPP suit statute. The opinion in City of Santa Monica v. Stewart can be found here. Posted by Randy Riddle at 02:46 PM | Permalink. . . Senator McCarthy's Proposed Redistricting MeasureState Senator McCarthy has proposed a constitutional amendment to signficantly alter the redistricting process in California. Under the proposal, district lines would be set by a panel of three retired judges appointed by the Judicial Council. The proposal specifies a number of criteria that the panel would apply in determining district lines, including, to the extent possible, ensuring "a level of competitiveness that would result in a difference of no more than seven percentage points between the number of voters in each district who are registered with the two largest political parties in the State." The text of the proposed amendment, introduced on January 13, can be found here. Posted by Randy Riddle at 08:38 AM | Permalink. . . |
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