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Dated: September 11, 2008. the collection; (4) Description of the Relay Service (FIRS) at 1–800–877– Angela C. Arrington, need for, and proposed use of, the 8339. IC Clearance Official, Regulatory Information information; (5) Respondents and [FR Doc. E8–21610 Filed 9–17–08; 8:45 am] Management Services, Office of Management. frequency of collection; and (6) BILLING CODE 4000–01–P [FR Doc. E8–21609 Filed 9–17–08; 8:45 am] Reporting and/or Recordkeeping BILLING CODE 4000–01–P burden. OMB invites public comment. Dated: September 10, 2008. ELECTION ASSISTANCE COMMISSION Angela C. Arrington, DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information Publication of State Plan Pursuant to the Help America Vote Act Submission for OMB Review; Management Services, Office of Management. Comment Request Office of Special Education and AGENCY: U.S. Election Assistance Rehabilitative Services Commission (EAC). AGENCY: Department of Education. ACTION: Notice. SUMMARY: The IC Clearance Official, Type of Review: New. Regulatory Information Management Title: Annual Progress Report for the SUMMARY: Pursuant to sections Services, Office of Management invites Access to Telework Program under the 254(a)(11)(A) and 255(b) of the Help comments on the submission for OMB Rehabilitation Act of 1973, as Amended. America Vote Act (HAVA), Public Law review as required by the Paperwork Frequency: Annually. 107–252, the U.S. Election Assistance Reduction Act of 1995. Affected Public: Individuals or Commission (EAC) hereby causes to be DATES: Interested persons are invited to household; Not-for-profit institutions; published in the Federal Register submit comments on or before October Federal Government; State, Local, or changes to the HAVA State plan 20, 2008. Tribal Gov’t, SEAs or LEAs. previously submitted by Georgia. ADDRESSES: Written comments should Reporting and Recordkeeping Hour DATES: This notice is effective upon be addressed to the Office of Burden: publication in the Federal Register. Information and Regulatory Affairs, Responses: 19. FOR FURTHER INFORMATION CONTACT: Attention: Education Desk Officer, Bryan Whitener, Telephone 202–566– Burden Hours: 238. Office of Management and Budget, 725 3100 or 1–866–747–1471 (toll-free). 17th Street, NW., Room 10222, Abstract: Nineteen states currently Submit Comments: Any comments Washington, DC 20503. Commenters are have Access to Telework programs that regarding the plans published herewith encouraged to submit responses provide financial loans to individuals should be made in writing to the chief electronically by e-mail to with disabilities for the purchase of election official of the individual State [email protected] or via fax computers and other equipment that at the address listed below. to (202) 395–6974. Commenters should support teleworking for an employer or SUPPLEMENTARY INFORMATION: On March include the following subject line in self-employment on a full or part-time 24, 2004, the U.S. Election Assistance their response ‘‘Comment: [insert OMB basis. These grantees are required to Commission published in the Federal number], [insert abbreviated collection report annual data on their programs to Register the original HAVA State plans name, e.g., ‘‘Upward Bound the Rehabilitation Services filed by the fifty States, the District of Evaluation’’]. Persons submitting Administration. This information Columbia and the Territories of comments electronically should not collection provides a standard format American Samoa, Guam, Puerto Rico, submit paper copies. for the submission of those annual and the U.S. Virgin Islands. 69 FR SUPPLEMENTARY INFORMATION: Section performance reports and a follow-up 14002. HAVA anticipated that States, 3506 of the Paperwork Reduction Act of survey to be administered to individuals Territories and the District of Columbia 1995 (44 U.S.C. Chapter 35) requires who receive loans. would change or update their plans that the Office of Management and Requests for copies of the information from time to time pursuant to HAVA Budget (OMB) provide interested collection submission for OMB review section 254(a)(11) through (13). HAVA Federal agencies and the public an early may be accessed from http:// sections 254(a)(11)(A) and 255 require opportunity to comment on information edicsweb.ed.gov, by selecting the EAC to publish such updates. This is collection requests. OMB may amend or ‘‘Browse Pending Collections’’ link and Georgia’s first revision to its State plan. waive the requirement for public by clicking on link number 3757. When The revised State plan from Georgia consultation to the extent that public you access the information collection, addresses changes in the budget of the participation in the approval process click on ‘‘Download Attachments’’ to previously submitted State plan and would defeat the purpose of the view. Written requests for information accounts for the use of Fiscal Year 2008 information collection, violate State or should be addressed to U.S. Department requirements payments. The State has Federal law, or substantially interfere of Education, 400 Maryland Avenue, changed the focus of its plan from the with any agency’s ability to perform its SW., LBJ, Washington, DC 20202–4537. initial deployment of voting system statutory obligations. The IC Clearance Requests may also be electronically components and the related education Official, Regulatory Information mailed to [email protected] or faxed of the public and local election officials Management Services, Office of to 202–401–0920. Please specify the to the continued maintenance of Management, publishes that notice complete title of the information Georgia’s voting system and the containing proposed information collection when making your request. replacement of the State’s voter collection requests prior to submission Comments regarding burden and/or registration database. In accordance of these requests to OMB. Each the collection activity requirements with HAVA section 254(a)(12), the State proposed information collection, should be electronically mailed to plan submitted for publication provides grouped by office, contains the [email protected] 202–260–9404. information on how the State succeeded following: (1) Type of review requested, Individuals who use a in carrying out its previous State plan. e.g. new, revision, extension, existing or telecommunications device for the deaf The State confirms that these changes to reinstatement; (2) Title; (3) Summary of (TDD) may call the Federal Information its State plan were developed and

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submitted for public comment in Chapter 2—Election Reform (2001 and 2002) a summary of how the 2003 plan was accordance with HAVA sections 2.1 Direction in Code and Rule implemented, and plans for upcoming 254(a)(11), 255, and 256. 2.2 The 21st Century Voting Commission years. 2.3 Pilot Project Upon the expiration of thirty days Part One of this plan memorializes from September 18, 2008, the State is 2.4 System Selection 2.5 System Deployment important historical context preceding eligible to implement the changes Chapter 3—2003 HAVA Status and Steps for the 2003 Georgia State Plan. Georgia is addressed in the plan that is published Completing Compliance justifiably proud of having initiated herein, in accordance with HAVA 3.1 2003 Compliance Status important election reforms in section 254(a)(11)(C). 3.2 2003 Legislative Steps for Completing EAC wishes to acknowledge the effort Compliance anticipation of HAVA. Many of HAVA’s that went into revising this State plan 3.3 2003 Administrative Actions and requirements had already been and encourages further public comment, Certifications implemented in Georgia by the in writing, to the State election official PART TWO November 2002 general election. Hence, listed below. Chapter 4—Change and Implementation Georgia’s 2003 HAVA State Plan Summary reflected a starting place that was Chief State Election Official 4.1 Overview of Changes to the 2003 significantly further ahead of most other The Honorable Karen C. Handel, State Plan states at that time. Secretary of State, 2 Martin Luther King 4.2 Successful Implementation of the Part Two of the 2008 HAVA State 2003 State Plan Jr. Drive SE., Suite 1104 West Tower, Plan, Amended describes how Georgia Atlanta, Georgia 30334, Phone: (404) Chapter 5—2008 HAVA State Plan, Amended Implementation has implemented its previous state plan 657–5380, Fax: (404) 657–5371. Thank 5.1 Use of Requirements Payments (Chapter 4) and presents its plans for you for your interest in improving the 5.2 Distribution and Monitoring upcoming years (Chapter 5). While fully voting process in America. 5.3 Voter Education and Training compliant with HAVA, Georgia is Dated: September 12, 2008. 5.4 Voting System Standards committed to on-going improvements. 5.5 Election Fund Established Thomas R. Wilkey, In that spirit, the 2008 HAVA State 5.6 Proposed Budget Executive Director, U.S. Election Assistance 5.7 Maintenance of Effort Plan, Amended focuses on: (1) Commission. 5.8 Performance Goals and Measures Replacing Georgia’s 1993 computer 2008 STATE PLAN, AMENDED 5.9 Administrative Complaint Procedures system supporting voter registration and 5.10 Effect of Title I Payments elections management; (2) replacing Help America Vote Act of 2002 5.11 Management of the Plan components to preserve the reliable, 5.12 Previous State Plan Implementation State of Georgia accurate performance of Georgia’s and Changes statewide uniform electronic voting Plan amended and submitted by 5.13 State Plan Committee system; and (3) continuing other Appendix 1—2003 Status & Implementation Karen Handel, Secretary of State, successful initiatives that have proven August 6, 2008. Preamble valuable during the past 7 years. As required by Public Law 107–252, Help America Vote Act 2002, Section This document is Georgia’s current Activity under the 2003 State Plan 253(b). plan for continuing implementation of had $77,304,946 in Federal funds the Help America Vote Act (HAVA). available, plus State funds in excess of Table of Contents The 2008 HAVA State Plan, Amended the required 5 percent match. Funds Preamble presents Georgia’s historic election available for activity in the 2008 State PART ONE reform process that supported the Plan, Amended total $4,971,521 as Chapter 1—Historical Election Challenges creation of the 2003 HAVA State Plan, shown in Table 1.

TABLE 1—AVAILABLE FUNDING FOR 2008 HAVA STATE PLAN, AMENDED

Federal funds State match Total

Remaining Title I Funds ...... $1,137,260 (already spent) $1,137,260 Remaining Title II Funds ...... 497,587 (already spent) 497,587 2008 Funds Title II ...... 3,169,840 $166,834 ...... 3,336,674

Total Funds Available ...... 4,971,521

Part One In the November 2000 General analyzed information from citizen complaints, minutes of public hearings Chapter 1—Historical Election Election, 93,991 ballots in the State of conducted by the NAACP, concerns Challenges Georgia did not register a vote in the Presidential race, because: (1) The voter submitted by the League of Women America’s elections were primarily accidentally marked more than one vote Voters, and dozens of interviews of local conducted by county and municipal for the office; (2) the voter attempted to election superintendents, voter governments through the year 2000. In make a choice, but did not mark the registrars, and political party leaders. As Georgia, each county was responsible ballot correctly; (3) the voting device a result of this analysis, the following for the selection and purchase of the failed to count the vote cast; or (4) the issues were identified as affecting county voting system. The local election voter chose not to vote for the President. Georgia’s elections: superintendent was responsible for the 1. Outdated voting equipment; maintenance and testing of the voting To evaluate the conduct of elections 2. Ballot problems; systems as well as for the layout and in Georgia during the weeks following 3. Lines too long & other polling place printing of election ballots pursuant to the November 2000 General Election, deficiencies; state law. the Secretary of State compiled and 4. Shortage of trained poll workers;

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5. Election law violations; 10. Voter registration process costly under-votes that occurred on each type 6. Slow processing of Absentee and slow. of voting system on a county-by county Ballots; The Secretary of State also noted that basis. In the 2000 General Election, the the state was using four different types 7. Growth of ‘‘language minorities’’; average percentage of under-votes for of voting systems, that no uniformity each system used in the State for all 8. State mainframe computer system existed among the counties for counting counties was 3.6%. unreliable; votes, and that each system experienced 9. Counties slow to report election a significant amount of under-votes. An A summary of results is shown in results; and analysis was then conducted of the Table 2 below.

TABLE 2—VOTING EQUIPMENT PERFORMANCE [2000 general election]

Year Introduced Counties Under vote Votes not Voting system invented in Georgia using system percentage counted

Paper ballot ...... 1889 1900 2 3.3 113 Punch card ...... 1890 1964 17 4.6 38,065 Lever machine ...... 1892 1950 73 4.2 16,926 Optical-scan ...... 1980 1986 67 ...... —Central count ...... 4.2 21,999 —Precinct count ...... 4.7 16,196

A report compiling the results of the Assembly recommended that the State O.C.G.A. § 21–2–300 also authorized study was prepared and presented to the adopt a single uniform voting platform. the Secretary of State to conduct a pilot Governor and the Members of the Importantly, it also initiated a shift in project to test and evaluate the use of General Assembly with the following policy—transferring a portion of electronic voting systems during the recommendations: election responsibilities from the 2001 municipal elections. It created the 1. Adopt a Statewide Uniform counties and election superintendents 21st Century Voting Commission Electronic Voting Initiative—Authorize, to the State for funding and deployment (hereinafter ‘‘Voting Commission’’) to fund, and deploy a Statewide Uniform of a new statewide election system. oversee the pilot project. The statute Electronic Voting Initiative (SUEVI) to further authorized the Voting Chapter 2—Election Reform (2001– create a single uniform method of voting Commission to make recommendations 2002) consistent in every county in the state; to the General Assembly and the 2. Implement Early Voting—Enhance 2.1 Direction in Code and Rule Secretary of State. polling place convenience and reduce Recognizing the need to address Election Day waiting; 2.2 The 21st Century Voting concerns with the elections process, the 3. Overhaul the Voter Registration Commission General Assembly enacted bipartisan System—Upgrade the state’s voter The purpose of the Voting legislation, Senate Bill 213, (hereinafter registration database from the slow, Commission was to: ‘‘SB 213’’) which the Governor signed unreliable, inflexible, and expensive 1. Oversee the electronic voting pilot into law on April 18, 2001. Official mainframe system to a flexible state-of- project, the-art server-based system; Code of Georgia Code Annotated § 21– 2. Test direct recording electronic 4. Pursue Poll Worker & Poll Location 2–300 (hereinafter O.C.G.A. § 21–2– (DRE) voting equipment, Alternatives—Seek new alternatives to 300). This legislation established the 3. Advise the Secretary of State on the assist counties in securing new poll policy and the statutory framework for choice of voting equipment to be used locations and recruiting and training Georgia to begin identifying and statewide in all counties pursuant to poll workers, both of which are in short deploying essential changes to its O.C.G.A. § 21–2–300, and supply; election system. 4. Report findings to the Governor and 5. Streamline Polling Place Chief among the changes to the the General Assembly by December 31, Procedures—Reduce or eliminate election system was the policy directive 2001. burdensome paperwork and procedures that the Secretary of State would The Voting Commission included four at the polls and move voters more purchase and deploy a uniform voting Democrats, four Republicans, eight Non- quickly through the voting process; system for casting and counting votes in Partisan members, one Independent, 6. Consolidate Authority to Remove all county, state and federal elections by and one member of the Libertarian Party Deceased Voters from Voter List— the July 2004 General Primary. The of Georgia, six local county election Authorize the Secretary of State to Secretary of State was authorized to officials, the Director of the State remove deceased voters from the voter deploy to the counties a voting system Elections Division, as well as five rolls to assure a more accurate voter list, that met requirements established by the members of the Georgia General (responsibility that previously rested Secretary of State. O.C.G.A. § 21–2–300 Assembly (three from the House and solely with the counties); and (a). On August 30, 2002, the State two from the Senate). The Voting 7. Modernize Voter Information Election Board advanced the Commission also accepted input from Resources—Use new centralized implementation date to the November various public interest groups technology solutions to offer citizens 2002 General Election with Rule 183–1– representing minorities, disabled voters quicker, easier means to locate their 12–.01. With adoption of this directive, and multi-lingual groups. precinct and verify their voter Georgia became the first state in the As its first priority, the Voting registration. nation to set a deadline for the Commission investigated voting systems The Secretary’s report to the Governor implementation of a modern uniform and established standards that a voting and the Members of the General statewide voting system. system would have to meet in order to

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be considered for the pilot project and Voting Commission reviewed data on The Voting Commission unanimously use in the State of Georgia. The voting error rates, heard presentations adopted these recommendations and standards included: from manufacturers of electronic voting submitted them to the Governor and 1. A convenient and intuitive voter equipment and testimony from election members of the General Assembly in interface; officials from Georgia and other states, December 2001. 2. Features that prohibit duplicate, or considered comments from interest over-votes; groups, stakeholders, and the general 2.4 System Selection 3. Opportunity to correct under-vote public on voting issues, and reviewed Based upon the success of the Pilot or over-votes on ballot; the election results from the Pilot Project and the recommendation from 4. Strong security components to Project. Several Voting Commission the Voting Commission, the Governor assure that votes cannot be lost or cast delegations also traveled to other states authorized and the General Assembly without authorization; to personally observe elections in which approved a Statewide Uniform 5. The capability to print, if required, DRE voting equipment was used. Electronic Voting Initiative Fund a written record of each ballot cast; Based on information obtained from (SUEVI) and authorized $54 million in 6. The flexibility to store and present the extensive analysis and review of bond funds for the purchase of a thousands of different ballot variations data, public testimony, and observations statewide uniform electronic voting or ‘‘styles’’; obtained from the Pilot Project, the system. An additional $3.8 million was 7. The capability to be fully accessible Voting Commission made the following authorized to establish the voter to blind voters and those with other system recommendations to the education fund and $500,000 for the disabilities and allow disabled voters to Governor and members of the General creation of an Election Center for cast their ballot independently and Assembly: election official training and support at without assistance; 1. Georgia’s uniform election platform the Kennesaw State University Center 8. The ability to compute final results should be a DRE voting system used for for Election Systems (hereinafter ‘‘KSU and generate a variety of election reports Election Day in-precinct voting, for in- Center for Election Systems’’). very quickly; and person absentee voting, and, if 9. A turnkey system that would allow Upon establishment of the election authorized by new legislation, for in- fund, the Secretary of State and the each county to conduct any election person ‘‘advance’’ or ‘‘early’’ voting. The Georgia Technology Authority from start to finish without any DRE system selected should have the (hereinafter ‘‘GTA’’) initiated an RFP assistance from the Vendor. capability to prevent duplicate, or over- process in January 2002 and began votes, provide voters with a ‘‘summary 2.3 Pilot Project evaluating proposals from vendors screen’’ to warn voters of potential capable of supplying a Direct Recording Upon establishing the system under-votes or selection errors, and Electronic Voting System on a statewide standards of the voting platform, the include a process for voters to correct basis for 2,926 precincts in 159 Voting Commission prepared for the errors or omissions before a final vote is counties. The RFP required each vendor November 2001 Pilot Project. In cast. The system should include on- to submit a proposal that included: response to a request-for-proposals board battery back-up in case of power (RFP) commissioned by the Voting failure, have the capability to produce Voting system specifications, pricing Commission, seven DRE system vendors an independent and paper audit trail of plans, deployment plan and schedule, petitioned to participate in the every ballot cast and should permit a training plan and schedule for hardware November 2001 Pilot Project. At a June visually impaired voter, and others with and software training, short term and meeting of the Voting Commission in disabilities, to cast a ballot long term service plans, and a proposal Atlanta, all seven vendors demonstrated independently and without assistance. for voter education efforts. their systems and presented their 2. For absentee voting by mail, the In response to the RFP, nine vendors experience and track record in the uniform system should include an submitted bids for the deployment of a industry. The Voting Commission optical scan component. The optical statewide voting system. An intensive recommended that all seven vendors be scan component should integrate proposal and demonstration process allowed to participate in the project, seamlessly with the DRE components of then began with the assistance of the provided that each vendor obtained the the system for ballot preparation and Georgia Technology Authority. Through necessary national and state tabulation. an extensive evaluation process certifications in time to adequately 3. The uniform election system conducted by GTA and the evaluation prepare for the November 2001 Election. should be controlled by an Election committee, Diebold Election Systems, The Secretary of State entered into Management System or software Inc. (hereinafter ‘‘Diebold’’) was contracts with six certified vendors to program that will allow election selected as the state’s vendor for conduct the Pilot Project. Using a lease officials to easily design both DRE and election equipment. agreement, the vendors agreed to optical scan ballot formats The State of Georgia entered into a provide voting systems for the Pilot simultaneously, that will integrate all contract with Diebold on May 3, 2002, Project at a special rate of $600 per results into a single vote tallying report wherein the State of Georgia and voting unit. The contracts required that and that will easily interface with Diebold agreed to deploy a uniform vendors transport the units to and from existing and future voter registration voting system in every county within a the cities, provide training for both systems. 6-month implementation period (186 election superintendents and poll 4. The state should seek to maximize days prior to the November 5, 2002 workers, assist with voter education the benefits of statewide negotiating and election). efforts via public demonstrations, and purchasing capacity by securing a 2.5 System Deployment have staff present in precincts to statewide software license, as well as provide Election Day support. favorable pricing for technical support, The deployment plan Diebold The Voting Commission held five maintenance and additional or provided in response to the State’s RFP public hearings and additional sub- replacement equipment that is made included the following phases: System committee work sessions across the available for the benefit of local testing, system development, system State of Georgia. In these hearings, the governments. training and voter education.

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2.5.1 System Testing ‘‘Touch the Future’’ was developed and 1. Definition of a vote—The Election System testing involved 19,015 DRE distributed for use statewide. State, Code previously provided the definition voting stations, 400 absentee ballot regional and county level ‘‘Voter of a vote for each election system used systems and 161 voting system servers Education Coordinators’’ were deployed in the State of Georgia for federal, state to be tested a minimum of 4 times by the Secretary of State’s Office to and local elections. SB 258 authorized including at the: conduct hands-on DRE demonstrations the State Election Board (SEB) to 1. Manufacturer’s warehouse; in every county. Printed materials were promulgate rules (SEB Rule 183–1–15– 2. Central processing warehouse; distributed through U.S. mail and .02) to consolidate and define a vote as 3. County acceptance testing location selected community groups. required by HAVA and the by KSU; and Comprehensive voter education Web establishment of a Vote Review Panel to 4. Logic and Accuracy testing site with interactive equipment review ballots rejected by optical scan conducted by Diebold and County demonstration was established and DRE tabulators (see O.C.G.A. § 21–2– election staff days before the November unit demonstrations were conducted in 483(g)(2)(B)). election. a variety of settings including public 2. Military and Overseas Ballots—SB 258 amended the Election Code to give 2.5.2 System Deployment meetings, school assemblies, and community festivals. responsibility for military and overseas Secretary of State created a formula civilian absentee voting procedures to based on one DRE unit per 200 active 2.5.5 Deployment Outcome the Secretary of State’s Office. SB 258 registered voters in each county to There were significant improvements also provided that applications for determine the number of DRE units each in the conduct of the November 2002 absentee ballots for military and county would receive. Before delivery, General Election in Georgia. The under- overseas voters shall be valid for two intergovernmental agreements were vote rate for the 2002 U.S. Senate election cycles as required for those created between the State and each Election was a historically low 0.86% (a voting under the Uniformed and county which included terms for the dramatic reduction, compared to the Overseas Civilians Absentee Voting Act storage, protection and use of the voting 2000 Presidential Election under-vote (UOCAVA). It also authorized the system. To facilitate deliveries and rate of 3.5% and the 1998 U.S. Senate Secretary of State to adopt a new ballot support, counties were grouped into 12 Election under-vote rate of 4.8%). oath created by the Federal Voting delivery regions. Dates were then Emphasis on election official training, Assistance Program (FVAP). established for delivery of components voter education coordination at the 3. Registration of first-time voters by of the voting system to the Counties. regional and local level, and mail—SB 258 amended the Election Site surveys were conducted of polling enthusiastic participation by state and Code to provide that citizens who places for assurances of adequate county election officials, poll workers, register for the first time by U.S. Mail electrical supply, structural support of and voters contributed to this success. are required to include with that the building and security of the building registration application one of the forms for protection of the voting system. Chapter 3—2003 HAVA Status and of identification specified in HAVA. Steps for Completing Compliance Those who register by mail and do not 2.5.3 System Training 3.1 2003 HAVA Status include such documentation will be Extensive training and support of required to present identification at the local election officials was an important Georgia’s successful use of its uniform polling place. Persons who are entitled factor in the successful initial statewide electronic voting system in to vote other than in person under deployment of equipment, as well as of the November 2002 General Election put federal law, including UOCAVA, are its subsequent use. Election official it substantially in compliance with Help exempt from this provision. (HAVA training on the operation of the voting America Vote Act requirements. Steps Section 303(b)(3) and O.C.G.A. § 21–2– system officials was provided by already taken in anticipation of HAVA 220(c)(2)). Diebold. On-site county training at the legislation are shown in Appendix 1— 4. Provisional Ballots—SB 258 request of the county was provided on 2003 Compliance Status. Remaining amended the Election Code to provide behalf of the Secretary of State’s office steps which were still pending that ballots cast during an election with by the KSU Center for Election Systems. completion in December, 2003 are also federal candidates on the ballot at a Additional regional ‘‘refresher’’ sessions identified in Appendix 1. polling place during court-ordered extended polling hours shall be treated were conducted by the Secretary of 3.2 2003 Legislative Steps for as provisional ballots. It also required State’s State Elections Division. Completing Compliance Preparations included poll worker county election officials to provide training (at least 2 trained per precinct To complete compliance with HAVA notification to the voter regarding how for all 2,926 precincts) provided at each requirements the Georgia General to obtain information on whether the county by Diebold. Further training was Assembly provided certain provisional ballot was counted and also conducted by KSU Center for Election authorizations which could be included requires county registrars to create a free Systems and Diebold upon the request in the HAVA 2003 State Plan. This was access system that allows the voter to of individual county election officials. accomplished with passage of Senate determine whether the provisional Bill 258 (hereinafter ‘‘SB 258’’), which ballot was counted or not. 2.5.4 Voter Education was signed by the Governor on June 2, 5. ‘‘Overvote’’ Instructions—Georgia’s The Secretary of State’s Office 2003. Upon approval of SB 258 by the DRE voting system precludes a voter conducted direct voter education and United States Department of Justice, the from casting too many votes for an office supported outreach conducted by State of Georgia had the statutory (an ‘‘overvote’’) at the polling place. SB county election officials. A poll worker framework in place to implement all 258 amended the Election Code to training video was created and used necessary procedures to bring Georgia provide that the absentee ballot statewide to ensure uniform use of the into full compliance with the Help instructions for optical scan mail in equipment in polls on Election Day. A America Vote Act. ballots include information about voter education video and a 30-second SB 258 revised the following six areas overvotes and explain how to avoid public service announcement entitled of the Election Code: them. SB 258 also required that optical

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scan tabulators be programmed to return 6. Certification of Use of Title II chapters contain the background (reject) ballots containing overvotes or Requirements Payments, HAVA Section information previously contained in improper marks. 253: The 2003 State Plan indicated Chapters I through IV of the 2003 HAVA 6. State Administrative Complaint Georgia’s intent to certify that it would State Plan. Procedures—SB 258 amended the use Requirements payments in the Part Two of Georgia’s 2008 HAVA Election Code to authorize the Secretary manner required. Certification was State Plan, Amended, is comprised of of State (as the designated Chief provided and funds were subsequently Chapters 4 and 5 which update the Election Official) to establish and received. previous plan from 2003. Chapter 4 administer an administrative complaint 7. Administrative Complaint presents the required summary of procedure for processing complaints Procedure, HAVA Section 402: The changes and reports on how the 2003 related to HAVA Title III. (see Secretary 2003 State Plan indicated Georgia’s plan was carried out. This chapter is of State Rule 590–8–1–.01) intent to implement rules to administer completely new material because there the Administrative Complaint have been no amendments to the 3.3 2003 Administrative Actions and Procedure pursuant to authority granted Georgia HAVA State Plan prior to 2008. Certifications in SB 258 to the Secretary of State. Rule Chapter 5, Implementation of the Georgia’s 2003 HAVA State Plan 590–8–1–.1 ‘‘Administrative Complaint 2008 HAVA State Plan, Amended provided in Chapter IV reflects that Procedure for Violations of Title III of presents plans for future activity. It has Georgia had taken steps to meet and the Help America Vote Act of 2002’’ was 13 sections, one for each part of HAVA, implement the following: adopted on May 11, 2004 and published Section 254(a) which specifies required 1. Early Money Out Certification, by the EAC in the Federal Register, Vol. parts of the HAVA State Plan. This HAVA Section 101(a): The 2003 State 70, No.169, Thursday, September 1, chapter replaces the implementation Plan indicated that Georgia had certified 2005 on page 52183. Chapter V from 2003 HAVA State Plan. and indicated participation for receipt 8. Military and Overseas Voting While the 2003 plan focused heavily on of Title I payments through the GSA Information Office, HAVA Sections 702 the initial deployment of voting system Web site. Funds were subsequently and 703: The Secretary of State pursuant components and the related education received. to SB 258 became the Designated of the public and local election officials, 2. Accessibility of polling places for Military and Overseas Voting emphasis in the 2008 plan is on disabled voters, HAVA Section Information Office and assumed related continuing the integrity Georgia’s voting 101(b)(1)(G): The 2003 State Plan responsibilities for reporting to the system (including component indicated Georgia’s intent to survey and Election Assistance Commission. replacements) and on replacing the 1993 supervise the improvement of 9. State Plan Submitted, HAVA computer system supporting statewide accessibility and quality of polling Section 254: The 2003 State Plan voter registration and state elections places providing physical access for indicated that it was meeting the administration. individuals with disabilities. A requirements of HAVA Section 254. The 4.2 Successful Implementation of the statewide survey was subsequently 2003 State Plan was submitted on 2003 State Plan made and used as the basis to December 10, 2003. It was published by After enactment of Georgia’s Senate implement a state-administered grant the EAC in the Federal Register, Vol. Bill 258 on June of 2003, the Georgia program for polling place accessibility 69, No. 57, Wednesday, March 24, 2004 HAVA State Plan was adopted on improvements. on pages 14247 to 14263. 3. Toll-free Access System, HAVA December 10, 2003 and published by Section 101(b)(1)(H): The 2003 State Part Two the U.S. EAC in the Federal Register on March 24, 2004. Implementation Plan indicated Georgia’s intent to study Chapter 4—Change and Implementation followed immediately in 2004. and evaluate a toll-free hotline that Summary voters may use to: Implementation of Georgia’s 2003 a. Report possible voting fraud and This chapter describes how the 2008 HAVA State Plan has been a success. voting rights violations, amendments change Georgia’s HAVA Financial reporting on annual b. Obtain general election State Plan and report on how Georgia expenditures, use of the State’s five information, and succeeded in carrying out the previous percent funding match, and of Georgia’s c. Access detailed automated state plan (in fulfillment of the Help on-going maintenance of effort at or information on their voter registration America vote Act of 2002, Section above the State Fiscal Year 2000 amount status, specific polling place locations, 254(a)(12)). The 2008 amendments to have been reported separately in and other relevant information. the State Plan were developed in Georgia’s annual Financial Status Georgia subsequently implemented a accordance with HAVA Section 255 and Report and accompanying narrative. toll-free hot line. the requirements for public notice and Only the replacement of the computer 4. Certify Replacement of Punch Card comment prescribed in Section 256 of system supporting statewide voter or Lever Voting Machines, HAVA HAVA. registration and election administration Section 102: The 2003 State Plan was deferred from the previous plan for indicted that Georgia had certified that 4.1 Overview of Changes to the 2003 State Plan action in the current plan. A summary it had replaced punch card and lever of accomplishments and activity is voting systems and intended to use Part One of Georgia’s 2008 HAVA presented in the following sections. Section 102 funding to reimburse the State Plan, Amended presents the State treasury as HAVA allowed. historic election reform process that 4.2.1 2004 Implementation of the 2003 Reimbursements were subsequently preceded and supported the creation of State Plan made. the 2003 HAVA State Plan. Part One is 1. In 2002 Georgia replaced all punch 5. Membership of Standards Board, comprised of: Chapter 1, Historical card and lever voting machines through HAVA Section 213: Two representatives Election Challenges; Chapter 2, Election State purchase and deployment of to the Standard’s Board were appointed Reform (2001 and 2002); and Chapter 3, 19,015 DRE voting units (approximately as required. New appointments have 2003 HAVA Status and Steps for one for every 200 active voters) to been made as necessary. Completing Compliance. These three establish a statewide uniform, accessible

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voting system. During 2004 the state Association of Georgia, and Georgia 6. The Secretary of State made initial was reimbursed under HAVA Municipal Association); classes at assessments of the availability of provisions for voting system Kennesaw State University Center for vendors who might provide a new voter replacement. Elections; and through regional and registration system and of the higher 2. To improve voting machine county level sessions. level requirements of such a system. availability and to support in-person 11. The State provided voting system 7. The Secretary of State continued absentee voting, an additional 955 DRE demonstrations and education to voters programs for voter education and voting units were purchased and and assisted county officials in doing so outreach programs; local election distributed to counties prior to the as well. official training, voting system November 2004 General Election. 12. The statewide voter registration procedures and security enhancements, 3. The State purchased 24,250 system was enhanced with system ballot building, polling place additional flash memory cards for the upgrades, and counties were supported accessibility, and for the voter DRE voting units to provide greater with related instruction, helpdesk registration system’s security efficiency in preparing for federal, state, support and connectivity support. monitoring, maintenance, and system and local runoffs resulting from 13. Compliant provisional voting upgrades. elections held during the 2004 General procedures were implemented using Election Cycle. 4.2.3 2006 Implementation of the 2003 newly created materials. State Plan 4. The State acquired state-specific 14. Accessibility for voters with voter access cards and supervisor cards disabilities was assessed for each 1. Equipment to duplicate flash cards for use with DRE voting units purchased polling place by surveying each county. for use in ExpressPolls was purchased in compliance with Title II and the Results were used by the Secretary of to improve processing for each election. voting system standards of Title III State to help define training needs, 2. The security of the statewide voter Section 201. These state-specific cards create a training video and brochure, registration system was improved with enabled the State of Georgia to provide and to guide grant participation in the the addition of a dynamic security increased security for the state’s program administered by the U.S. password for database access. 3. The Secretary of State provided uniform voting system. Department of Health and Human 5. The State provided election local election officials in every county Services for polling place accessibility officials in all counties with three days with three days of technical support for improvements. of technical support for DRE voting DRE voting units, GEMS servers 15. The required administrative units and GEMS servers technology for technology, and electronic poll books complaint process was put in place each of the following elections held in (ExpressPolls) in each of the following through rule-making and 2004: Presidential Preference Primary, elections: Primary Election, Primary implementation by the Secretary of Primary Election, Primary Runoff, Runoff, General Election and General State. Information relating to the General Election and General Election Election Runoff. Administrative Complaint Process can Runoff. 4. Programs continued for voter 6. The Department of State Audits also be found on the Secretary of State’s education and outreach programs; local completed an audit of the State HAVA Web site at http://www.sos.state.ga.us. election official training, voting system Fund. 4.2.2 2005 Implementation of the 2003 procedures and security enhancements, 7. Ballot building became a State Plan ballot building, polling place cooperative program between the accessibility, and for the voter 1. An optical scan ballot tabulator was Secretary of State’s Office and the registration system’s security purchased and deployed to every Kennesaw State University Center for monitoring, maintenance, and system county to improve the processing of Election Systems to support statewide upgrades. ballot quality and timeliness. Related mailed absentee ballots. instructional materials were provided 2. Electronic poll books (ExpressPolls) 4.2.4 2007 Implementation of the 2003 on voting system components and were purchased for each polling place to State Plan voting system supplies to all 159 streamline the voting process and 1. Electronic poll book (ExpressPolls) counties for use during 2004 federal and further enhance the voting system and were upgraded to facilitate uploading to state election cycle. the preparation of registered voter lists. the statewide voter registration system 8. Acceptance testing for all voting ExpressPolls also replaced the encoder the voters’ record of having participated equipment and the responsibilities for component necessary for accessing in the election and other enhancements related equipment evaluation, local election ballots on the DRE voting units. recommended by local election officials. election official training and support, 3. The Secretary of State conducted 2. The Secretary of State contracted and overall voting system security were regional training for the 159 county for regional quick response teams to be added to duties that Kennesaw State election superintendents and their staff available for technical support to county University Center for Election Systems on the use of DRE voting systems, election officials for electronic poll conducts for the Secretary of State. related HAVA requirements and books, voting units and GEMS servers 9. The State developed and additional federal laws for improved technology for the February 2008 distributed statewide HAVA compliant elections administration. Presidential Preference Primary. polling place posters, voter registration 4. Proper management of the State 3. Prepared to contract a 2008 materials and other forms for elections HAVA Fund was assured through an statewide program for maintenance and administration. audit by the Department of State Audits. limited replacement of GEMS servers 10. The State presented training to 5. The State acquired three backup used in each county. support implementation to local computer servers, memory card 4. Polling place accessibility was election officials through: The Georgia duplication equipment for ExpressPolls again surveyed, program materials Election Official Certification program; and extended warranty on the DRE updated, additional grant funds conferences of statewide election voting units to ensure proper received, and reimbursements were official associations (Georgia Election maintenance in preparation for the 2006 made for approved remedial Officials Association, Voter Registrars General Election. improvements completed by counties.

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5. Programs continued for voter 2. A portion of the Requirements when, in the judgment of the Secretary education and outreach programs; local Payments will be used to replace the of State, replacement of the existing unit election official training, voting system fifteen-year-old (1993) centralized voter is warranted based on considerations procedures and security enhancements, registration system currently being used including, but not limited to, the age of ballot building, and for the voter by the State. The new system will allow the unit, the service history of the unit, registration system’s security an easier interface and more efficient the nature of pending repairs, and the monitoring, maintenance, and system system functions (e.g., electronic continuing availability of parts. upgrades. sharing and comparison of data among Intergovernmental Agreements for use units of government to confirm voter 4.2.5 2008 Implementation of the 2003 of voting equipment remain in place as eligibility). State Plan do past practices of maintaining 3. Additional expenditures may be inventory listings and access logs. 1. The Secretary of State contracted made in the following areas: The Secretary of State will centrally • for regional quick response teams to be Voter education activities; administer expenditures supporting the available for technical support to county • Election official training activities; • replacement of the 1993 statewide voter election officials for electronic poll Development of Statewide Uniform registration system with a modern books, voting units and GEMS servers Poll Worker Training Curriculum and system so there will be no related fund technology for the following elections Handbook; distributions among counties. Counties • Any other activities allowed under held in 2008: Presidential Preference will all receive training and helpdesk HAVA. Primary, Primary Election, Primary support in the use of the new system. Runoff, General Election and General 5.2 Distribution and Monitoring Election Runoff. 5.2.2 Monitoring of Requirements Part 5.2 of Georgia’s State Plan Payments—Section 254(a)(2)(B) 2. A statewide program for implementation describes ‘‘how the maintenance and limited replacement of State will distribute and monitor the The Secretary of State is responsible GEMS servers used in each county was distribution of the requirements for disbursing and tracking Title I and carried out. payment to units of local government or Title II funds for the projects to enhance 3. Programs continued for voter other entities in the State for carrying election administration. education and outreach programs; local out the activities described in paragraph If local units of government (or other election official training, voting system (1), including a description of—(A) the entities) receive payments, the Secretary procedures and security enhancements, criteria to be used to determine the of State will monitor the performance of polling place accessibility, ballot eligibility of such units or entities for those parties consistent with building, and for the voter registration receiving the payment; and (B) the performance goals and measures system’s security monitoring, methods to be used by the State to adopted under Section 8 of this chapter. maintenance, and system upgrades. monitor the performance of the units or Allocation request forms and expense Chapter 5—Implementation of the 2008 entities to whom the payment is codes created to implement the 2003 HAVA State Plan, Amended distributed, consistent with the HAVA State Plan would continue to be performance goals and measures used, or modified, as appropriate to Chapter 5 presents Georgia’s plans for adopted under paragraph 8’’ as required monitor and track HAVA spending. 2008 and following years. It consists of by Public Law 107–252, Help America Agreements specifying the use of the 13 parts, one for each section of HAVA Vote Act of 2002, Section 254(a)(2). funds would be entered into prior to 254(a), which sets forth the required disbursements being made. Recipients content of the state plan. Parts 5.1 5.2.1 Distribution of Requirements may be required to submit written through 5.13 each begin with the Payments—Section 254(a)(2)(A) reports to the Secretary of State statutory requirement of that part of the As the State’s chief election official, indicating the status and level of plan and the following portion provides the Secretary of State is authorized by success of any project or activity Georgia’s fulfillment of that O.C.G.A. § 21–2–300 to implement and receiving funding through the Secretary requirement. deploy a statewide uniform voting of State. 5.1 Use of Requirements Payments system for use by local election officials Audits conducted by the State of in county, state, and federal elections. Georgia Department of Audits and Part 5.1 of Georgia’s State Plan The Secretary of State will centrally Accounts will be used to monitor HAVA implementation describes ‘‘how the administer expenditures to maintain the expenditures. State will use the requirements reliability of the statewide uniform 5.3 Voter Education and Training payments to meet the requirements of voting system so there will be no related Title III, and if applicable under Section fund distributions among counties. In Part 5.3 of Georgia’s State Plan 251(a)(2), to carry out other activities to 2008, emphasis will be on conducting implementation describes ‘‘how the improve administration of elections’’ as server maintenance and assessing the State will provide for programs for voter required by Public Law 107–252, Help need to replace individual servers. education, election official education America Vote Act of 2002, Section Servicing, replacement of components, and training, and poll worker training 254(a)(1). and replacement of servers will be as which will assist the State in meeting To continue meeting the requirements deemed prudent by the Secretary of the requirements of Title III’’ as required of Title III in 2008 and following years, State. The HAVA State Plan, Amended by Public Law 107–252, Help America Georgia will expend funds for the anticipates replacing up to all 170 Vote Act of 2002, Section 254(a)(3). following purposes: servers used to tabulate votes in each of 5.3.1 Voter Education 1. A portion of the Requirements Georgia’s 159 counties during 2008 and Payments will be used to conduct following years, including a small Since the 2002 general election, maintenance on servers used as part of inventory for emergency replacement introduction of Georgia’s uniform the statewide uniform electronic voting and dedicated training units. statewide voting system, voters have system, and to replace aging servers and An individual county will be deemed become very familiar with their voting other voting system components. eligible to receive a replacement server equipment through educational

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programs and its use in 3 statewide system; polling place procedures and Title II, and matching fund election cycles. poll worker training; local, state, and expenditures. Continuing voter education focuses federal election laws governing 5.6 Proposed Budget on reaching voters who are new to administrative duties; disability access Georgia’s voting process. This includes initiatives; voter registration and Part 5.6 of Georgia’s State Plan youth who are about to reach voting age, education initiatives; new legislation implementation describes ‘‘how the as well as newly registered adults. The that affects local, state, and federal State’s proposed budget for activities Secretary of State’s Web site posts election laws; and any other topics that under this part, based on the State’s best information showing current voting may enhance the administration of estimates of the costs of such activities equipment and how it is used, to which elections. and the amount of funds to be made all voters may refer. In addition, county 5.4 Voting System Standards available, including specific information election officials publically display on: demonstration voting units before Part 5.4 of Georgia’s State Plan (A) The costs of the activities required elections. The Secretary of State will implementation describes ‘‘how the to be carried out to meet the continue to explore voter education State will adopt voting system requirements of Title III; outreach in cooperation with local guidelines and processes, which are election officials and non-governmental consistent with the requirements of (B) The portion of the requirements organizations. Section 301’’ as required by Public Law payment which will be used to carry out 107–252, Help America Vote Act of activities to meet such requirements; 5.3.2 Election Official Training 2002, Section 254(a)(4). and The Secretary of State’s Office Voting System Guidelines adopted by (C) The portion of the requirements continues to train local election officials the 21st Century Voting Commission payment which will be used to carry out on the use of Georgia’s voting system to and used to select the statewide uniform other activities’’ as required by Public properly conduct elections. The electronic voting system used in the Law 107–252, Help America Vote Act of Secretary of State’s Office maintains an 2002 General Election were established 2002, Section 254(a)(6). election lab for voting equipment in 2001 and passed into law by the training and offers local election Georgia General Assembly in 2001 5.6.1 Available Funds officials regularly scheduled classes on through Senate Bill 213. O.C.G.A. 21–2– The U.S. Omnibus Appropriations Act the use of the statewide uniform voting 300. for Fiscal Year 2008 (Pub. L. 110–161) system components for specific 5.5 Election Fund Established includes $115 million in ‘‘Requirements elections tasks. Payments’’ to help states improve the Part 5.5 of Georgia’s State Plan Georgia’s election law requires local administration of Federal elections implementation describes ‘‘how the election officials to become certified by under HAVA, Title II, Subtitle D, Part 1. State will establish a Fund described in completing up to 64 hours of courses Georgia is eligible for $3,169,840 of subsection (b) for purposes of approved by the Secretary of State. these funds. To receive its allocated administering the State’s activities O.C.G.A. 21–2–101. Georgia’s portion, Georgia will certify its under this part, including information certification program for local election eligibility as prescribed in HAVA officials continues to be updated based on fund management’’ as required by Section 253. As part of this certification, on lessons learned from previous Public Law 107–252, Help America Vote Georgia will affirm the state’s elections. It is anticipated that this Act of 2002, Section 254(a)(5). appropriation of the required match of program will be further expanded and With the approval from the State of at least 5 percent ($166,834). customized for county election Georgia Department of Audits, the superintendents and registrars, as well Office of Secretary of State established As of July 2008 the State of Georgia as for municipal election officials. a separate bank account for the Election had approximately $1,137,260 Georgia election law also requires Fund and has assigned an internal remaining from earlier HAVA local election officials to obtain on- identification code for tracking the disbursements under Title I and going training. O.C.G.A. 21–2–100(a). expenditures. The Election Fund has $497,587 remaining from disbursements Annual training conferences have been, been designated as a federal election under Title II. and continue to be, conducted in fund account that shall only be used for Activities are planned anticipating the collaboration with statewide election the enhancement and continuation of full availability of new funds official associations. election administration. The Fund also appropriated in 2008 and of funds Certification and on-going training contains individual expenditure codes retained from appropriations in earlier programs include the electronic voting for tracking Section 101, Section 102, years.

TABLE 3—AVAILABLE HAVA FUNDS

Federal funds State match Total

Remaining Title I Funds ...... $1,137,260 (already spent) $1,137,260 Remaining Title II Funds ...... $497,587 (already spent) $497,587 2008 Funds Title II ...... $3,169,840 $166,834 ...... $3,336,674

Total Funds Available ...... $4,971,521

5.6.2 Planned Activities expend funds for the following purposes below as well as the availability of To address requirements of Title III in contingent upon priorities discussed funds: 2008 and following years, Georgia will

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TABLE 4—PLANNED ACTIVITY AND COSTS

Activity Estimated costs

1. Voting System Maintenance and Component Replacement ...... $100,000 to $450,000. 2. Centralized Voter Registration System ...... $8 million to $15 million. 3. Training, Outreach, and Other Activities ...... $50,000 to $500,000.

1. Voting System Maintenance and proceed with building, testing, and criteria the State will use to measure Component Replacement: A portion of deployment. performance and the process used to the available funds will be used to The estimated cost of the new system develop such criteria, and a description conduct maintenance of voting systems is $8 to $15 million. The use of HAVA of which official is to be held and to repair or replace components as funds from both Title I and Title II is responsible for ensuring that each needed. Many components of Georgia’s anticipated. performance goal is met’’ as required by statewide electronic voting system were 3. Training, Outreach, and Other Public Law 107–252, Help America Vote put in place in 2002. To ensure the on- Activities: As described in Section 5.3, Act of 2002, Section 254(a)(8). going integrity of Georgia’s voting the State of Georgia will continue to In collaboration with local election system, a preventive maintenance conduct outreach to voters who need to officials, the Secretary of State program will extend the operational life be introduced to the voting system used establishes goals and performance of servers, improve security, and throughout the state. In addition, measures to ensure compliance with identify any current or potential training will continue to be provided to HAVA requirements. Regular reviews of component replacement needs. local election officials on the use of Georgia’s election laws, policies, and The replacement of aging servers at Georgia’s voting system and voter procedures help ensure that election each county will be a high priority. registration system to properly conduct administration and voter registration Actions necessary to support county elections. Enhancing voters’ access to processes are impartial and efficient and voting system servers in an approaching processes related to poll location, subject to on-going improvements. registration status confirmation, election will have first priority. It is 5.8.1 Performance Goals anticipated that 168 servers will be complaints, and status of absentee and For the initial implementation and replaced during 2008 and the following provisional balloting may also be deployment of the statewide uniform years at a cost of approximately addressed. In the future, consideration electronic voting system Georgia $400,000. This will accommodate one may also be given to evaluating developed milestones and goals through server per county, as well as a small replacement of Georgia’s present the 21st Century Voting Commission as State inventory for emergency electronic voting equipment as it begins described earlier in detail. Milestones replacement and dedicated training to age. Use of HAVA funds for these remain for having system components units. activities is contingent upon the availability of funds. in place and tested before each election, 2. Centralized Voter Registration local election officials trained in a System: A portion of the available funds 5.7 Maintenance of Effort timely manner, and for Election Day will be used to replace the fifteen-year Part 5.7 of Georgia’s State Plan performance reporting. Scheduling for old (1993) statewide voter registration implementation describes ‘‘how the individual milestones is periodically database currently being used by the State, in using the requirements reviewed and subject to change by the State. The 1993 system is antiquated payment, will maintain the Secretary of State in consultation with and requires extensive maintenance. expenditures of the State for activities local election officials and other parties Very high operating costs (by the funded by the payment at a level that knowledgable in the matters under keystroke) and high maintenance costs is not less than the level of such consideration. of this system are an on-going burden. expenditures maintained by the State In 2008, and the years following, Replacing the system will: allow for for the fiscal year prior to November maintenance and replacement of GEMS more effective use of elections funds; 2000’’ as required by Public Law 107– servers in each county will be done in help ensure the quality and reliability of 252, Help America Vote Act of 2002, a manner to continue past performance voter registration data management; give Section 254(a)(7). of the statewide uniform electronic every county a more reliable and The State of Georgia will continue to voting system. Any additional goals and efficient interface with the centralized maintain or exceed that level of election measures will be addressed by the voter registration system; and allow administration expenditures incurred Secretary of State in the particular improved integration with related during the State Fiscal Year 2000 contract’s statement of work under election administration and reporting ($4,598,813) while conducting activities which the task is carried out. functions. that fall under the Title III requirements 5.8.2 Performance Measures Under the 2003 HAVA State Plan, the of the Help America Vote Act. Secretary of State conducted a As preparations begin to develop preliminary assessment of available 5.8 Performance Goals and Measures Georgia’s new voter registration system, vendors that were capable of replacing Part 5.8 of Georgia’s State Plan the Secretary of State will develop a the current system with a state-of-the-art implementation describes ‘‘how the project team to develop project goals system. The Secretary of State also State will adopt performance goals and and measures to be incorporated in compiled a high level requirements measures that will be used by the State related RFPs and contract statement-of- analysis for the successor system. The to determine its success and the success work clauses. It is anticipated that input next steps of this process are to prepare of units of local government in the State will be solicited from local election detailed performance specifications, in carrying out the plan, including officials as well as from other Georgia including a functional requirements timetables for meeting each of the State Agencies who will interact with analysis of the new system, and then to elements of the Plan, descriptions of the the Secretary of State in replacing the

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existing system, and in using the new complaint. If more than one complaint Secretary of State or designee thereof, system. is filed concerning the same alleged the complainant shall designate in Additionally, the Secretary of State violation, the Secretary of State may writing to the Secretary of State or periodically convenes an Elections consolidate such complaints for designee thereof the name of a second Advisory Committee of local officials investigation. mediator. If the complainant fails to which provides input on enhancing (4) If the complainant requests, the designate a mediator within the time election administration within the State. Secretary of State or a designee thereof allowed above, the sole mediator shall Through this process additional goals shall conduct a hearing on the review the record from the hearing and and measures may also be developed to allegations of the complaint. Such make a final recommendation based on further other objectives of HAVA. hearing may be by telephone, the submitted record. Not later than 3 conference call, or in person and shall business days after such a designation 5.9 Administrative Complaint be recorded. Procedures by the complainant, the two mediators (5) If the Secretary of State or a so designated shall select a third Part 5.9 of Georgia’s State Plan designee thereof determines that such mediator to complete the resolution implementation provides ‘‘a description complaint is unfounded, the Secretary panel. If the complainant fails to of the uniform, nondiscriminatory state- of State may dismiss the complaint and designate a mediator within the time based administrative complaint notify the complainant of her decision. allowed above, the sole mediator shall procedures in effect under section 402’’ The Secretary of State shall make the review and dispose of the matter as required by Public Law 107–252, results of her investigation into the without selecting a second or third Help America Vote Act of 2002, Section complaint available for public mediator. 254(a)(9). inspection during normal business 2. The mediator or resolution panel hours upon reasonable notice after the may review the record compiled in 5.9.1 Georgia Rulemaking and matter has been resolved Certification connection with the complaint, (6) The Secretary of State or designee including, without limitation, the Georgia’s administrative complaint thereof shall make a determination of investigative file on the matter, the process is provided in Georgia Rule the validity of the complaint within 90 audio recording of the hearing, any 590–8–1–.01 ‘‘Administrative days following the date on which the transcript of the hearing and any briefs Complaint Procedure for Violations of complaint is received by and filed with or memoranda submitted by the parties Title III of the Help America Vote Act the Secretary of State unless the but shall not receive any additional of 2002’’ adopted May 11, 2004 under complainant agrees to an extension of testimony or evidence to resolve the authority provided in O.C.G.A. Secs. such time period. matter. 21–2–1 and 21–2–50.2. Text of Georgia (7) If the Secretary of State or designee 3. The mediator or resolution panel by Rule 590–8–2–.01 was certified to the thereof determines that such complaint a majority vote, shall after reviewing the EAC which published it in the Federal is valid, the Secretary of State shall take record referenced above, provide a Register, Vol. 70, No. 169, Thursday, all necessary and appropriate actions recommendation to the Secretary of September 1, 2005 at page 52160. These within her authority to address the State not later than 50 days after the procedures, described below, provide a violation; and final determination of the Secretary of uniform manner in which to receive and (8) If the Secretary of State or designee State was due. This period for issuing a resolve any complaints alleging a thereof does not render a final written recommendation will not be violation of HAVA. determination on a complaint filed extended. pursuant to this rule within 90 days 4. Upon receipt of the 5.9.2 Administrative Complaint after the complaint is filed, or within Process recommendation from the mediator or any extension period to which the resolution panel, the Secretary of State Georgia Rule 590–8–1–.01 complainant has agreed, the Secretary of or designee thereof shall issue a final ‘‘Administrative Complaint Procedure State or designee thereof will, on or order pursuant to the authority granted for Violations of Title III of the Help before the third business day after the under O.C.G.A. 21–2–50.2(c), but such America Vote Act of 2002’’ provides as final determination was due to be remedy shall not exceed the remedies follows: issued, initiate proceedings for available under Title III of the Help (1) Any person who believes that a alternative dispute resolution; America Vote Act of 2002. violation of any provision of Title III of (a) To facilitate alternative dispute 5. The final order of the Secretary of the Help America Vote Act of 2002 resolution, the Secretary of State shall State or designee thereof will be: (Public Law 107–252; 42 U.S.C. 15301, maintain a list of qualified independent (i) Mailed to the complainant, each et seq.) has occurred, is occurring, or is professionals who are capable of acting respondent and any other person who about to occur may file a complaint with as a mediator, from which the Secretary requested in writing to be advised of the the Secretary of State. Such complaint of State or designee thereof and the final resolution; shall be open to inspection by the complainant shall each choose one (ii) Posted on the website of the public during business hours upon mediator to review the case. Secretary of State; and reasonable notice. (b) The Secretary of State or designee (iii) Made available by the Secretary (2) Such complaint shall be in writing thereof shall designate in writing to the of State, upon request by any interested and shall be signed and sworn to by the complainant the name of a mediator person. person making the complaint and shall from the list referenced in section (a) to 6. A final determination by the be properly notarized in accordance serve on an alternative dispute Secretary of State or designee thereof is with state law. The complaint shall be resolution panel (resolution panel) to not subject to appeal in any state or delivered to and served upon the review the complaint. federal court. Secretary of State as the chief state 1. If proceedings for alternative election official in person, by U.S. Mail, dispute resolution are initiated pursuant 5.10 Effect of Title I Payments or by guaranteed overnight delivery. to this paragraph, not later than 3 Part 5.10 of Georgia’s State Plan (3) The Secretary of State shall business days after the complainant implementation provides ‘‘if the State investigate the allegations of such receives such a designation from the received any payment under Title I, a

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description of how such payment will performance measures used to gauge the 3. DeKalb County: Linda Latimore, affect the activities proposed to be effectiveness of the Plan and to Election Supervisor; carried out under the plan, including accommodate emerging needs in the 4. Clarke County: Gail Schrader, the amount of funds available for such future. Supervisor of Elections and activities’’ as required by Public Law 5.12 Previous State Plan Registration; 107–252, Help America Vote Act of Implementation and Changes 2002, Section 254(a)(10). 5. Rockdale County: Cynthia Welch, As set forth in the 2003 HAVA State Part 5.12 of Georgia’s State Plan Election Supervisor; Plan, Title I, Section 102 funds were implementation describes how ‘‘the 6. Muscogee County: Nancy Boren, used to service bond indebtedness case of a State with a State Plan in effect Elections and Voter Registration generated by the purchase of a statewide * * * during the previous fiscal year, Director; electronic voting system to replace all * * * how the Plan reflects changes 7. Richmond County: Lynn Bailey, punch card and lever voting systems in from the State Plan for the previous Election Supervisor; fiscal year and of how the State Georgia. This program was timely 8. Georgia State ADA Office, Mike succeeded in carrying out the State Plan concluded. Galifianakis, Coordinator. Title I, Section 101 funds will allow for such previous fiscal year’’ as the State to begin the process of required by Public Law 107–252, Help The 2008 HAVA State Plan acquiring a new voter registration America Vote Act of 2002, Section Committee continues the work of groups system to replace the 1993 system 254(a)(12). described in Part One of this report. The currently in use. This activity is The summary of the changes that the success of earlier, larger initiatives and described in Section 5.6. This project 2008 HAVA State Plan, Amended makes the much smaller scope of the 2008 was anticipated in the 2003 HAVA State to the 2003 plan, and of how the State amendments allowed the process in Plan. While preliminary assessments succeeded in carrying out the 2003 2008 to be more streamlined than in were started, detailed requirements HAVA State Plan previously in effect is 2003. analysis, acquisition, testing and provided in detail in the preceding Initial review drafts of the 2008 deployment remain. Title I, Section 101 chapter. HAVA State Plan, Amended were funds available for this activity are 5.13 State Plan Committee prepared by the Secretary of State’s estimated as being $1,137,260. Office and distributed to members of the Part 5.13 of Georgia’s State Plan 5.11 Management of the Plan State Plan Committee. After reviewing implementation provides ‘‘a description the initial working draft, the Committee Part 5.11 of Georgia’s State Plan of the committee, which participated in discussed the draft and proposed edits. implementation describes ‘‘how the the development of the State Plan in After incorporating input, the state will conduct ongoing management accordance with section 255 and the Preliminary 2008 State Plan, Amended of the Plan’’ as required by Public Law procedures followed by the committee was posted for public comment. 107–252, Help America Vote Act of under such section and section 256’’ as Comments were compiled by the 2002, Section 254(a)(11). required by Public Law 107–252, Help Secretary of State’s Office, shared with The Elections Division of the America Vote Act of 2002, Section the Committee, and addressed as Secretary of State will manage the Plan. 254(a)(13). appropriate in the Final 2008 HAVA The Election Division will continue to The ‘‘2008 HAVA State Plan State Plan, Amended before being oversee continuation of existing projects Committee’’ is comprised of the submitted to the Election Assistance as well as newly created election following appointees: Commission for publishing in the projects. 1. Secretary of State’s Office, Wesley Federal Register. ‘‘Material Changes’’ to the Plan may Tailor, Elections Division Director; be developed on a periodic basis as 2. Fulton County: April Pye, Interim Appendix 1—2003 Status & necessary to reflect new milestones and Election Supervisor; Implementation

12/10/03 Status Provision mandated by HAVA Implemented

Voting System Standards

v ...... Permit voter to verify votes selected before casting ballot ...... 2002. v ...... Provide voter opportunity to change/correct ballot before casting ballot ...... 2002. v ...... Offer notice if voter selects votes for more than 1 candidate for a single office ...... 2002. v ...... Voting system shall ensure that any notification required preserves voter privacy ..... 2002. v ...... System must produce a record with an audit capacity (satisfied by audit capacity re- 2002. dundant electronic storage).

Accessibility for Individuals With Disabilities

v ...... Voting system must be accessible for individuals with disabilities, including visual 2002. impairment and must preserve voter privacy and must offer independence in vot- ing. v ...... At least 1 DRE with accessibility for disabled individuals at each place ...... 2002.

Error Rates of System

v ...... Error rates of system shall comply with error rate standards of FEC ...... 2002.

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12/10/03 Status Provision mandated by HAVA Implemented

Uniform Definition of What Constitutes a Vote

∼ ...... State must adopt uniform and nondiscriminatory standards that define what con- State Election Board Rule 183–1–15–.02, stitutes a vote and what will be counted as vote for each voting system used in May, 2004. state.

Provisional Voting

v ...... Must have provisional vote option ...... 2002. v ...... To cast provisional ballot, voter must (1) affirm in writing that the person is a reg- 2002. istered voter in the jurisdiction; (2) is eligible to vote in that election. ∼ ...... Provisional voter must be given information as to how to determine if vote was Authorized by SB 258 and Implemented counted, and if not, the reason vote was not counted. 2004. ∼ ...... Provisional voter must be given access to a toll-free number or Web site that may Authorized by SB 258 and Implemented be used to determine whether vote was counted or not; access may be provided 2004. at county level.

Voting Information Requirements

∼ ...... Voting information (sample ballot, date/hours of election, instructions on casting a Implemented 2004. ballot/provisional ballot, instructions for mail-in registrants who are first time vot- ers, information on federal and state election laws) must be publicly posted at each polling place on each election for federal office. ∼ ...... Voters casting ballots after normal hours (i.e., court ordered extension) must vote a Authorized by SB 258 and Implemented provisional ballot kept separate from other provisional ballots. 2004.

Computerized Statewide Voter Registration List Requirement

v ...... Implement a single, uniform, centralized, interactive, computerized statewide voter Implemented before 2002. registration list defined and administered at state level. v ...... Computerized list shall serve as the single system for storing and managing official Authorized by SB 258 and Implemented list of registered voters (first time voters must be identified on list). 2004. v ...... List shall have unique identifier for each registered voter of state ...... Implemented before 2002. v ...... List shall be coordinated with other state agency databases (in conjunction with on- Implemented before 2002. going system upgrade). v ...... Registration information must be promptly entered into database upon receipt of Implemented before 2002. local election officials. v ...... Electronic list shall serve as official list for federal elections ...... Implemented before 2002. v ...... Names to be removed from list must follow procedures outlined in NVRA ...... Implemented before 2002. v ...... List is to be maintained to remove ineligible voters, including: ...... Implemented before 2002. • Convicted felons • Death • Duplicate Names v ...... Appropriate technological security measures shall be provided to protect list ...... Implemented before 2002. v ...... The election system must be set up for minimum maintenance standards consistent Implemented before 2002. with NVRA. v ...... Upon application for voter registration, applicant must provide a unique identifying Implemented before 2002, modified 2004. number as prescribed by HAVA [Note: States using a SSN are grandfathered into this provision as unique identifier requirement is met]. v ...... The chief election official and the state motor vehicle authority shall enter into an Implemented before 2002 (with on-going agreement to match data to the extent required to verify the accuracy of data pro- enhancements). vided for voter registration.

Requirements for First Time Voters Who Register by Mail

v ...... For individuals that register by mail and have not previously voted within the state .. Authorized by SB 258 and Implemented • IF VOTING IN PERSON: (1) Presents current and valid photo ID; or (2) pre- 2004. sents a copy of a current utility bill, bank statement, government check, pay- check or other government document showing name and address of voter • IF PERSON VOTES BY MAIL: Absentee ballot must contain (1) Copy of cur- rent and valid photo ID; or (2) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows name and address of voter v ...... FAIL SAFE VOTING: For first-time voters registering by mail that do not provide re- Authorized by SB 258 and Implemented quired identification may be allowed to cast a provisional ballot. 2004. v ...... Registration forms must conform to NVRA and HAVA (including first time voter in- Modified 2004 Forms. formation. v = Mandate met. ∼ = Minor administrative adjustment required.

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[FR Doc. E8–21800 Filed 9–17–08; 8:45 am] (5) Estimated Total Burden Hours: 50 (6) SUPPLEMENTARY INFORMATION: This BILLING CODE 6820–KF–P Number of Collections: The information information collection request contains: collection request contains 6 (1) OMB No. 1910–1800; (2) Information information and/or recordkeeping Collection Request Title: Foreign Travel DEPARTMENT OF ENERGY requirements. Management System (FTMS); (3) Type Statutory Authority: Public Law 106–404, of Review: Renewal; (4) Purpose: FTMS Agency Information Collection Technology Transfer Commercialization Act is the Department of Energy’s (DOE) Extension of 2000. centralized web-based system which tracks, records, and secures approval of AGENCY: Department of Energy. Issued in Washington, DC, on September all travel conducted by DOE federal ACTION: Submission for Office of 12, 2008. Kathleen M. Binder, employees and contractors. The system Management and Budget (OMB) review; allows DOE to have full accountability comment request. Director, Office of Conflict Prevention and Resolution, Office of General Counsel. of all travel and in cases of emergency; the Department is able to quickly SUMMARY: The Department of Energy [FR Doc. E8–21823 Filed 9–17–08; 8:45 am] retrieve information as to who is (DOE) has submitted an information BILLING CODE 6450–01–P collection request to the OMB for traveling, where the individual is extension under the provisions of the traveling, and the dates of travel. (5) Paperwork Reduction Act of 1995. The DEPARTMENT OF ENERGY Respondents: 2,465; (6) Estimated information collection requests a three- Number of Burden Hours: 5,000. year extension of its ‘‘Technology Agency Information Collection Statutory Authority: DOE O 551.1C, Partnerships Ombudsmen Reporting Extension ‘‘Official Foreign Travel’’. Requirements’’, OMB Control Number AGENCY: U.S. Department of Energy. Issued in Washington, DC, on June 24, 1910–5188. This information collection 2008. ACTION: Notice and request for request covers information necessary to comments. Julie Squires, implement a statutory requirement that Acting Director, Office of International Travel the Technology Transfer Ombudsmen SUMMARY: The Department of Energy and Exchange Visitor Programs. report quarterly on complaints they (DOE), pursuant to the Paperwork [FR Doc. E8–21825 Filed 9–17–08; 8:45 am] receive. Reduction Act of 1995, intends to BILLING CODE 6450–01–P DATES: Comments regarding this extend for three years, an information collection must be received on or before collection request with the Office of October 20, 2008. If you anticipate that Management and Budget (OMB) where ENVIRONMENTAL PROTECTION you will be submitting comments, but Foreign Travel Management System AGENCY find it difficult to do so within the (FTMS) has been identified as a DOE [EPA–HQ–OECA–2008–0259; FRL–8717–2] period of time allowed by this notice, system that is part of OMB’s eGov please advise the OMB Desk Officer of initiative. Comments are invited on: (a) Agency Information Collection your intention to make a submission as Whether the extended collection of Activities; Submission to OMB for soon as possible. The Desk Officer may information is necessary for the proper Review and Approval; Comment be telephoned at 202–395–4650. performance of the functions of the Request; Application for Registration ADDRESSES: Written comments should agency, including whether the of Pesticide-Producing and Device- be sent to the: DOE Desk Officer, Office information shall have practical utility; Producing Establishments (EPA Form of Information and Regulatory Affairs, (b) the accuracy of the agency’s estimate 3540–8) and Pesticide Report for Office of Management and Budget, New of the burden of the proposed collection Pesticide-Producing and Device- Executive Office Building, Room 10102, of information, including the validity of Producing Establishments (EPA Form 735 17th Street, NW., Washington, DC the methodology and assumptions used; 3540–16); EPA ICR No. 0160.09, OMB 20503; and to Kathleen M. Binder, GC– and (c) ways to minimize the burden of Control No. 2070–0078 12, Director, Office of Conflict the collection of information on Prevention and Resolution, U.S. respondents, including through the use AGENCY: Environmental Protection Department of Energy, 1000 of automated collection techniques or Agency (EPA). Independence Avenue, SW., other forms of information technology. ACTION: Notice. Washington, DC 20585. DATES: Comments regarding this SUMMARY: In compliance with the FOR FURTHER INFORMATION CONTACT: proposed information collection must Kathleen M. Binder at the address listed be received on or before 60 days after Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document in ADDRESSES . date of publication in the Federal Register. If you anticipate difficulty in announces that an Information SUPPLEMENTARY INFORMATION: This submitting comments within that Collection Request (ICR) has been information collection request contains: period, contact the person listed below forwarded to the Office of Management (1) OMB No. 1910–5188; (2) Information as soon as possible. and Budget (OMB) for review and Collection Request Title: Technology approval. This is a request to renew an Partnerships Ombudsmen Reporting ADDRESSES: Written comments may be sent to Julie Squires by fax at (202) 586– existing approved collection. The ICR, Requirements (3) Purpose: The which is abstracted below, describes the information collected will be used to 0406 or by e-mail at [email protected]. nature of the information collection and determine whether the Technology its estimated burden and cost. Partnerships Ombudsmen are properly FOR FURTHER INFORMATION CONTACT: helping to resolve complaints from Requests for additional information or DATES: Additional comments may be outside organizations regarding copies of the information collection submitted on or before October 20, laboratory policies and actions with instrument and instructions should be 2008. respect to technology partnerships. (4) directed to Julie Squires at ADDRESSES: Submit your comments, Estimated Number of Respondents: 22 [email protected]. referencing Docket ID No. EPA–HQ–

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