Hava: make it easier to vote.

Citizens of the United States watched in shock as the election of 2000 unfolded and revealed significant weaknesses in the U.S. election process. Deficiencies in balloting systems and questions of the integrity of the election results forced the public to wonder just how capable and democratic U.S. election processes are. Nearly two years later, deep concerns about the election processes pushed Congress to pass, with widespread bipartisan support, a sweeping election reform package known as the "Help America Vote Act of 2002" (HAVA).

For the first time, the federal government is a partner in election administration, not only setting specific requirements related to system standards, provisional balloting, voting equipment, disability access, statewide voter registration databases and voter identification, but also charged with providing states with funds necessary to implement the new requirements. Some HAVA requirements take effect as early as 2004, while others do not take effect until 2006, but all states have begun taking steps to comply with the new federal law.

For many states, the implementation of HAVA will require both administrative and legislative changes. Each state is required to establish a state planning committee that includes citizen representatives, including the disabled community.

As of April 2003, the League of Women Voters (LWV) is an official citizen representative on 33 state planning committees. These committees are charged with creating a state plan for HAVA implementation that is open to public comment and will be submitted to the federal government for approval. Some states (Maryland and Arizona) have already concluded this process, while others have yet to begin.

State legislatures are also working on the necessary legislation that will bring their states into compliance with the new law. Again, some states are further along in this process than others. In state legislatures across the country, two new problems keep confronting advocates: language that would establish more restrictive voter identification requirements than called for under HAVA, and a weak complaint procedure. While it is possible to have both of these without violating the letter of the law of HAVA, they do violate the spirit of HAVA: Make It Easier To Vote.

Each state must meet the same specific requirements, but the key details of HAVA implementation will be governed by state law. Because there is a degree of flexibility provided for implementation under HAVA, advocates are continually working to ensure not only that the new federal requirements are met but also that no potentially disenfranchising provisions are created in the process.

League members across the country, supported by national LWV experts, are diligently working to guarantee that the rights of voters are protected. The League's work at all levels of government is focused on making certain citizens' voices are heard: on the state planning commissions, in election reform coalitions, during legislative testimony and while lobbying on election reform bills introduced in state legislatures.

Advocates working on HAVA implementation should focus their efforts on the following recommended key points, developed by the League of Women Voters and other members of the Leadership Conference on Civil Rights:

1 Make the process as inclusive as possible.

* Request seats for advocates and citizens on the state planning committee, as required by law.

* Monitor the committee's progress and submit comments during the required 30-day public review period.

* Work with the legislature to ensure enactment of required reforms.

2 Reform the voting process at the polling place.

* Set up a statewide provisional ballot system by January 1, 2004, so that every eligible voter who goes to a polling place can cast a ballot.

* Provide for counting any provisional ballot cast for an office for which the voter is eligible to vote. (For example, count a vote for Congress if the voter lives in the district, even if a vote for local office is not counted because the voter is in the "wrong" precinct for the local office.)

* For voters whose provisional ballots are not counted, the provisional ballot should function as a voter registration form.

* Provide for "second chance" voting so that the voting system notifies the voter of a possible error, allows the voter to verify his or her vote, and provides an opportunity to correct any error (including issuance of a replacement ballot).

* Require a statewide training guide for election officials and poll workers to ensure uniform and nondiscriminatory treatment of voters throughout the state and in each polling place.

3 Develop a statewide, centralized, electronic list of all eligible voters.

* Create electronic links between the statewide voter list and databases maintained by the DMV, Medicaid offices, poverty agencies, and disability organizations.

* Use databases, such as the DMV, to supply missing information and correct any errors on voter registration applications.

* Make the entire statewide list available to all local election officials on election day, preferably through an on-line laptop computer at the polling place.

* Ensure uniform, statewide standards and practices for accepting, processing, and correcting voter registrations and notifying voters.

* Before purging registration lists, voters must be notified and provided opportunities to make corrections, just as under the National Voter Registration Act (NVRA).

4 Ensure that ID requirements fair and nondiscriminatory.

* Oppose efforts by state legislatures or election officials to distort the federal law by requiring all voters to show ID at the polls instead of just first-time voters who register by mail.

* When voters must show ID, acceptable ID should include student ID, EBT cards, Section 8 rent statements, Medicare/Medicaid cards and other similar documents.

* Notify voters in time for them to correct voter registration problems.

* Require a statewide training guide for election officials and poll workers to ensure uniform and nondiscriminatory treatment of voters in carrying out ID requirements.

* Set up a state complaint procedure for alleged violations of election laws, including those on election day.

5 Ensure accessible voting.

* Define and set deadlines for polling site and voting accessibility for people with disabilities.

* Provide at lease one voting machine per polling place for private and independent voting by persons with disabilities.

* Ensure that the state, counties and municipalities agree to a "maintenance of effort" in funding election administration.

* Carefully examine whether to buy new voting machines now. Other needs may be more pressing and costs and designs may improve.

6 Attract new voters and broaden participation.

* Offer voluntary permanent absentee ballots that are automatically sent to any voter who requests one, for any reason.

* Post a Voter's Bill of Rights at every polling place, mail it to voters, and publish it in local newspapers prior to an election.

* Enact election day registration (EDR) to increase turnout and reduce the need for provisional ballots.

* Educate citizens with felony convictions about their voting rights and procedures by which these rights may be restored.

ONLINE RESOURCES

* American Association of People with Disabilities: www.aapd.com

* Demos website for HAVA advocates: www.demos-usa.org/HAVA

* Leadership Conference on Civil Rights: www.civilrights.org

* League of Women Voters: www.twv.org

Jeanette Senecal is senior manager for Elections at LWVEF.