EAC - Voluntary Voting System Guidelines

Name : | Christopher J. Dodd
Organization : | U.S. Senate
Post Date : | 9/30/2005
Section Comments
Section : | 1.8
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Comment : | The Commission should consider whether the WSG effective date leaves adequate time for all 55 Federal jurisdictions to conform to the guidelines. A Presidential election may have numerous complications and the introduction of "higher" standards within a few months of January 2008 could further complicate and compromise the November 2008 general election. An appropriate balance should be struck between the WSG implementation date and Election Day, including allowances for early voting periods. The proposed effective date effectively leaves states with as few as two or more months to fully implement the WSG for a Presidential election that will receive nationwide and worldwide scrutiny. Moreover, while the Commission has appropriately noted that the VVSG effective date does not apply to the requirements of section 301(a) of the Help America Vote Act (HAVA), the varying effective dates may undermine the nationwide compliance and implementation of the voting systems standards for the upcoming 2006 Federal elections. Those requirements must be implemented by the States on or before January 1,2006 and no provision of the proposed VVSG can serve to delay those statutory effective dates, The Commission is charged, under section 312 and 312 of HAVA, with issuing voluntary guidance to assist States in meeting the requirements of section 301. The Commission appears to acknowledge this responsibility by noting in 1.8 that the EAC will issue guidance to interpret section 301 (a). It is unclear when such substantive guidance will be issued. Potentially, such guidance will add yet a third layer of effective dates to HAVA implementation. The Commission should revisit the issue of the 24-month delayed effective date in order to consider a realistic time fiame for ensuring that States and localities have clear guidance for the 2006 Federal elections and sufficient time to implement additional guidelines for the 2008 Presidential elections.