EAC - Voluntary Voting System Guidelines

Name : | Fernando Morales
Organization : | Fernando Morales
Post Date : | 9/27/2005
Section Comments
Section : | A1C
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Comment : | Precincts cannot comply with the HAVA’s Sec. 301(a)(3)(B) & (C) and 301 (d) mandatory use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place by 2006, because there is no such compliant voting equipment available. In order to remedy this non-compliance, the following paragraph should be added. Volume 1, Appendix C Best Practices for Election Officials; Pg 3; under Best Practices, a sixth point shall read (or something to that effect): “For the 2006 elections, 100% absentee-vote shall be implemented. Appropriate procedures are needed to allow absentee voting, in such a way that it precludes the voter’s attempt to disclose his/her vote. In addition, the procedure shall ensure that the voter’s privacy is not violated at a later stage, in particular when the ballot is received and processed by election officials.” Rationale: Since voter privacy is strongly supported by HAVA - Sections 221 (e)(2)(C) and 301 (a)(1) and since this privacy, in the voting context, shall include the distinct property of disabling the voter from disclosing his/her vote (VVSG; Vol. 1; Pg 2-42; lines 11-14), and my communication to the EAC on May, July and August 31st, 2005 clearly demonstrated how Personal Voting Codes (PVC) can prevent voters from revealing their true choices during or after elections. Therefore, it is no longer justifiable to restrict absentee voting. During the 2006 elections, the States will have the capability to comply with HAVA Sec. 301 by implementing 100% absentee voting, following Oregon’s example.