ElectionElection PreviewPreview 20042004 WWhat’shat’s Changed,Changed, WWhathat Hasn’Hasn’tt andand WhyWhy T T able of C Introduction ...... 1 able of C

Executive Summary ...... 3

Voting Machines ...... 7 E-voting Fears Not Going Away ...... 7 Nevada’s Paper Preview...... 8 Low Tech Vote in Much of the Country...... 9 Political Ties ...... 9 ontents Federal/State Activity...... 11 ontents Election Assistance Commission ...... 11 Congress...... 12 Overseas/Military Voting...... 13 Election Reform and the Courts...... 14 Lawyering Up For the Election Aftermath ...... 15

The National Picture ...... 19 Absentee Voting ...... 19 Early Voting ...... 20 Ex-Felon Voting...... 21 Provisional Voting ...... 22 Registration Database ...... 23 Voter Identification ...... 24 Voting System Used...... 25

State-by-State Findings ...... 27

Endnotes/Methodology ...... 57

Table of Contents | ELECTION REFORM 2004 i n behalf of all of us at electionline.org, I am pleased O to bring you “Election Preview 2004: What’s Changed, What Hasn’t and Why?” an update to our annual report on the state of election reform.

The goal is to set the “state of play” immediately before Election Day. By now machines have been purchased, laws and regulations set and registration closed in many states. In many parts of the country and abroad voting has already begun.This report is intended to serve as both retrospective and reference on “Election Reform 2004: What’s Changed, What Hasn’t and Why” two weeks before Americans go to the polls on November 2.

As the report will indicate, the past year has been an eventful one for election administration, as states and localities across the nation sought to implement the mandates of the Help America Vote Act of 2002 (HAVA) while preparing to conduct what looks to be another closely contested presidential election.

In 2004, the road to reform continued to be uneven and filled with obstacles, as election officials struggled with the federal government’s slow pace in establishing the new Election Assistance Commission and releasing promised funds to pay for HAVA mandates. Complicating these efforts was a raging debate over the security of new electronic voting machines – a conflict that was influenced by the increasingly heated partisan environment nationwide – and looming concerns over the physical security of polling places in an increasingly dangerous world.

Now, on the eve of Election Day 2004, these larger issues have been joined by other, more narrow concerns as individual voters prepare to cast their ballots. Specifically, debates have erupted across the country about which voters should be required to show identification and how states and localities will implement HAVA’s requirement that all voters be given the opportunity to cast a provisional ballot.

Moreover, all of this activity takes place in an environment where nearly everyone believes that the outcome of the presidential election – not to mention several state elections – could turn on a small number of votes. No precaution is thought too insignificant; no investment of funds or effort wasteful. Consequently, polling places across America will host hordes of poll watchers, advocates and media all dedicated to detecting, preventing, reporting and (if necessary) reversing any errors that arise on Election Day.

At the heart of it all, American voters return to the polls a changed breed – better informed, wiser to the strengths and weaknesses of the electoral process and more willing to ask questions and/or complain when things fail to go right. This change in voter awareness could have tremendous impact on the perceived success or failure of election reform since 2000.

Introduction | ELECTION REFORM 2004 1 As always, this report is the end result of hard work and dedication by an incredibly talented and dedicated group of people. I would particularly like to thank: oduction

My electionline.org colleagues Dan Seligson, The University of Richmond – especially Intr editor; Sean Greene, research director; Professor Dan Palazzolo, for his friendship Elizabeth Schneider, writer; Suzeth Pimentel, and continued interest in our work; ued | administrative assistant; and Alyson

contin Freedman, researcher; The Pew Charitable Trusts, especially program officer Lori Grange; and Our outstanding interns Jessica Woods, Andrew Ryan and Daniel Shuey; All the women and men who serve their communities as election officials, and Sharon Lawrence, whose sleuthing skills whose information and insights are are unparalleled; essential to electionline.org and its mission.

It has been a pleasure preparing this report; on behalf of all of us, I hope you find this report informative. If you have any questions or comments, contact us at: [email protected].

Doug Chapin Director October 2004

2 ELECTION REFORM 2004 | Introduction Ex Ex ill Florida happen again? ecutiv W ecutiv Millions of Americans will return to the polls in cast a provisional ballot.Yet questions concerning two weeks to cast ballots that will decide the how or whether those ballots will be counted at officeholder of the most important position in all remain unanswered as the vote approaches. the world. Many states have implemented counting It will also be a day that measures how far the standards for each type of voting system and e Summar e Summar country has come in improving upon the many automatic recount triggers to ensure uniform, weaknesses revealed four years ago, when a statewide standards. confluence of poor ballot design, flawed procedures, voter disenfranchisement, an absence New machines in many states will allow voters of recount standards, and of course, a razor-thin with disabilities to cast independent and secret margin of victory delayed democracy until the ballots, many for the first time in their lives. Supreme Court intervened. Voters will see a list of their rights in every This report finds that some of the factors that led polling place and have access to federally- to the Florida debacle of 2004 have been mandated administrative complaint procedures addressed; many others have not. if they feel their rights are being violated. y y The expectation that the entire American election Some unresolved issues could be significant, system would be overhauled in time for however: November 2 has clearly not been met. Antiquated voting systems remain and our system of k Punch cards continue to be used in a number managing elections for Americans stationed or of states, with more than 70 percent of living abroad are virtually unchanged. Federal registered voters in the critical battleground funds for election improvements arrived late. state of Ohio punching chad to cast votes.

Yet, as the election approaches, some critical k Doubts about the accuracy and reliability of changes have been made to the administration electronic voting systems which first of elections around the country that could emerged two years ago have eclipsed almost head off the type of problems that caused all other election concerns. E-voting fears in chaos four years ago. California mean those living in counties with electronic voting machines will have the Federal protections mean voters will not be option of casting paper ballots, while in turned away at the polls without the ability to Nevada, voters will be the first in the

Executive Summary | ELECTION REFORM 2004 3 y country to use a statewide electronic voting will not be repeated. But some of the problems system that prints out paper records of each that plagued 2000 remain, and new questions vote cast to be verified by the voter. could emerge.

k Varied rules concerning provisional voting Some questions heading into Election Day:

e Summar could trigger lawsuits in a close election. Some states will only count ballots cast in – Poll workers: Election officials across the the correct precinct while others will count country have expressed concerns over the

ecutiv state and federal offices on ballots cast in shortage of poll workers. Some states have

Ex the correct jurisdiction. begun to offer extra pay to precinct workers as an incentive and in early October, the federal ued | k A poll worker shortage continues to plague Election Assistance Commission announced nearly every state, despite efforts by the its plans to spend more than $1 million to contin federal government and states to include recruit poll workers nationwide. Will polling high school and college students in the sites be fully staffed? Will poll workers receive process. adequate training to handle the new provisions under HAVA, including voter ID for k With 35 states allowing early voting or in- some voters and provisional voting? person absentee voting, the number of ballots cast well before Election Day could — Voting machines: Direct-recording electronic be higher than ever. (DRE) voting machines, once thought to be effective replacements for punch card and k To comply with the Help America Vote Act’s lever voting machines, have become more mandates, all states will require first-time controversial. If elections are close in states voters who registered by mail but did not with DRE or punch-card voting technology, include verification with their application to will the results be challenged? With show ID at a polling place before they vote. questions about the reliability of voting Further, more states than ever (17) will machines, will voters have confidence that require all voters at polling places to show their vote will be counted? identification before they vote. ˜ Registration databases: More than a dozen The 2000 election has been compared to a states have unified, statewide voter spectacular storm. A number of factors must registration databases in place. By 2006, all be present for serious problems to occur. The states are required by HAVA to have such a last time the White House was at stake, they system in place. Creating these databases is included a close election, a controversial result a major undertaking – both technologically and questionable or unclear procedures. It was and financially. Many argue that the a unique event in history that, in all likelihood databases help clean up voter rolls, reduce

4 ELECTION REFORM 2004 | Executive Summary Ex the need for provisional ballots and ID. Have poll workers been trained properly generally help elections run smoothly. about who needs to show ID and what forms ecutiv However, several states, including Rhode of ID are acceptable at the polls? Will those Island, Pennsylvania and Minnesota have run voters lacking verification be offered e Summar into a variety of problems in rolling out provisional ballots? these new databases. Will more glitches surface during the election? œ Litigation: Since the 2000 election, numerous lawsuits have been filed regarding early and ™ Provisional Voting: HAVA mandated all voters provisional voting, voter identification, voting y who show up at the polls and whose names do technology and the voting rights of ex-felons. | contin not appear on the voter rolls but believe that Both President George W. Bush and Sen. John they are registered are entitled to cast Kerry have assembled legal teams in case of

provisional ballots. A number of states have another contested election. Will close races ued decided not to count provisional ballots cast in and/or questioned results lead to post- the wrong precinct. Lawsuits have been filed in election lawsuits? Colorado, Florida, Michigan, Missouri and Ohio. Could provisional ballot counting Despite the questions, there is some certainty as procedures spark post-election lawsuits? Election Day approaches: this will be the most closely watched election in American history. š Absentee and early voting: More states Groups from across the political spectrum will have relaxed their rules about who can vote station poll watchers around the country. absentee. Supporters say it cuts costs and Lawyers from both presidential campaigns will increases turnout, while detractors argue be at the ready in battleground states and absentee voting is vulnerable to fraud. The beyond, not to mention national and number of voters expected to cast their international media. ballots before Election Day is expected to reach an all-time high. With several Under that microscope, there might not need to battleground states receiving a large number be another Florida to cause controversy. After all, of absentee ballots, will results be delayed? seasoned election officials will confess, there are no perfect elections. A wide margin of victory › Voter ID: Problems implementing HAVA’s could likely cover many flaws, but a close race voter ID requirement arose during appears all but certain to expose even the most presidential primaries in several states when minor mishap on November 2. some voters were incorrectly asked to show

Executive Summary | ELECTION REFORM 2004 5 Voting Machines 7 he ws T Did the 1 d system allo | ELECTION REFORM 2004 2 h-car had, chad or all trap-door ied punc oaches.April, this In California egnant c Voting Machines Voting e voters than there were votes. were than there e voters he vilif T ing or pr hines fail to record their choices, to record hines fail or did ithout a choice specifically marked “no marked ithout a choice specifically otes. Recent incidents have not assuaged any fears any not assuaged incidents have Recent either. In 2004, election yielded special a Florida votes. of victory of less than a dozen a margin Yet, on the single-question election, were there 134 mor to check dimples, polling judges each ballot for hang mac with their displeasure to express want voters coming to a polling booth, both candidates by checking in, machine and up to a voting walking then choosing not to cast a ballot? W preference,”paperless machine the eliminates of those the possibility of determining the intent v the ballot- of the other terms used to describe in 2000. counting confusion in Florida as the grown DREs has only over Concern election appr (D) ordered Shelley of State Kevin Secretary each voter that all counties using DREs provide with the option of casting a paper ballot. one type of the use of outlawed same order all system and required Diebold touch-screen they before re-certification DREs to receive could be used in elections. or whom ecently been ecently those f e r v et ballots; California and elsewhere have given have and elsewhere California hallenge can use audio or vote in or vote can use audio hallenge are made by the same company. by made are ,

oing away Ohio Web sites published by computer scientists sites published by Web

ia, n the four years that have passed since November 2000, November since passed that have years four n the strange a been through machinestouch-screen have g es, oting is impossible. evolution. of the solution to most Once touted as the ago, years four vote the that dogged problems now are they troubles. cause of election-day one possible and in books and articles authored by investigative and in books and articles by authored alike. theorists and conspiracy reporters overshadowed by problems real or hypothesized. real problems by overshadowed used in Florida, about the punch cards Worries Geor concerns about the high-tech to new way them. or will replace machines that have E-voting has been under almost constant assault in editorial pag But those assets ha fears E-voting not g English is a c language.their own sets are character Different displayed,easily and over- come in faster results v In the current debate over the security and the security debate over In the current voting, of electronic reliability their advantages or forgotten. ignored frequently are with Voters to cast disabilities can use audio prompts independent and secr Direct-recording electronic (DRE) machines electronic Direct-recording pen marks or chadreplace with digital of votes.representations cast ballots on Voters ATMs, much like machines and, that behave in one notable case, I

8

continued | Voting Machines of thepaperlesse-voting systemonNovember 2. their casetothestate’s tostoptheuse highestcourt electr (one opponentcalled touch-screen machines A group opposedtoMaryland’s statewide systemof ELECTION REFORM 2004| r usingasystemofDREmachines election, representation oftheirballotsintheupcoming state. save inone They willnotbeaddressed thisyear, Nevada’s Paper Preview concerns thatthe[we] must address.” Chairman DeF has not made any statementstodiscourage e-voting, While theEAC use ofelectronic voting machines. system afterholdingahear a listofbestpr The Election Assistance Commission (EAC) released to make any changes intimefor November. but acknowledged they hadlostintheirefforts state toadoptv said the of theCampaignfor Verifiable Voting inMaryland Members election onthetouch-screen machines. taken every necessarysteptoensure asecure ruling affirming thestate’s positionthatithas from theCourt of upheldalowerAppeals court judges Inatwo-paragraph order, They failed. Associated Press thatthe $9millionsystem, Nevada Secretary ofStateDeanHellertold The anticipated toturnoutinNovember. an electionwithfar fewer voters thanare was first usedinSeptember’s primary, by Sequoia, etr of onic voting “Jim Crow incyberspace”) took itted withpr Nevada voters willbeabletoview apaper y would continue totryandforce the or est Soar actices f oter-verified paperaudittrails, inter .h ytm manufactured system, s.The Voting Machines ies ac or eac ing inMay 2004onthe kno h typeofvoting wledg ed, “secur 4 ity 3 in statecapitalsnext year. there willlikely bearenewed emphasis Nevada, trails perform well andboostvoter confidence in orifpaper electronic inNovember, machines in 19states2004. Legislation torequire papertrails were debated use ofany electronic voting system. requiring withthe theuseofapaperattachment r Missour while electronic voting systemby 2006, and Ohiohave laws requiring theirusewithany California the norminahandfulofotherstates. Nevada’s voter-verified papertrails willsoonbe nation, mostsecure andmostvalid inthe most accurate, voting results intheSilver Stateare the fact, in Iwanted toassure allNevadans that, Officer, asthestate’s ChiefElections requirement, “Although theauditwas notastatutory perfectly.behind glass–matched tally andthepapertrails –viewed by voters reported inlateSeptemberthattheelectronic concerned aboutpaperlessr machines toprovidemachines apaperrecord ofevery vote. A proposed amendmenttothe Help America Vote A inMay 2003. Accessibility Act of2003,” “The Voter Confidence andIncreased 2239, H.R. appr though progress was haltedwiththeelection Congress isconsidering billson thesamesubject, first significant test. inits worked “flawlessly” employed statewide, equire theabilitytoperform manual recounts, ct (HA oac Heller saidinastatement. ” A,Holt’s billwould require all electronic VA), hing i, Ne . aphr,IllinoisandOregon w Hampshire, R p uhHl,DNJ introduced D-N.J. RushHolt, ep. 5 If pr As arelief tosome 6 oblems occurwith sls Heller esults, V oting Mac

DataVote (pre-printed punchcard) Paper ballot 1,024,190 2,059,219 (number of registered voters) 0.6% 1.3% (percentage of registered voters) Punch card

19,138,000 Multiple systems hines 12.4% 11,406,658 7.4% Lever 21,621,914 | contin 14.0% Optical scan 54,027,493 34.9% ued Electronic 45,407,186 29.4%

Source: Election Data Services, August 5, 2004.

Low Tech Vote in Voters will also pull levers in Pennsylvania, Much of the Country Mississippi, Kentucky and Virginia.

The debate over the security and reliability of While the lever machines have a low percentage of electronic voting, coupled with funding issues, residual votes for president, 1.5 percent between led Ohio leaders to scrap their plans to overhaul 1988 and 2000, error rates soared to 7.6 percent widely-used punch-card voting systems in time for the next races down the ballot, governor and for the November vote. Instead, more than 70 U.S. Senate, a report from researchers at the percent of the state’s registered voters will punch Massachusetts Institute of Technology and the chad if they vote at polling places. California Institute of Technology found.7

New York and Connecticut voters will use statewide fleets of 700 pound metal lever Political Ties? machines. A paperless machine no longer manufactured, the antiquated levers have been While machines have proven reliably controversial mainstays in American elections for more than since the 2000 election, more recently the 100 years. Many have only one presidential companies that manufacture them have found election left as they are destined for replacement themselves on the defensive about partisan by 2006 in eight of the states where they will be leanings, campaign contributions, secret source used in November. codes and certification procedures, to name a few.

Voting Machines | ELECTION REFORM 2004 9 10

continued | Voting Machines ELECTION REFORM 2004| political candidates. polic hasenacteda based DieboldElectionSystems, Diebold’s board andtheentire staff at Texas- Since thattime, continues almostunabatedmore thanayear later. $100,000 for Bush’s re-election campaign– meaningheraised atleast fundraising hierarchy, O’Dell’ Fallout from theletter–andrevelation of electoral votes tothePresident.” “todeliver Ohio’s fundraiser andpledged, Inc of bankingandelection-mac CEO fundraising letterpennedby Walden O’Dell, was undoubtedly anow-infamous 2003 voting companiesandpoliticalparties machine public awareness oftheconnectionsbetween T he watershed event thatsignificantly raised the Fact: Myth: ni,O’Dellinvited gueststoaRepublican Init, . y nottocontr s r ank asa education programs insteadofupgrading machines. they caninstitutevoter Ifthey notto, choose 2006. has toreplace card all punch andlever by machines Astateacceptingthemoney gram isnotmandatory. thepro- However, replacement fundsfor thestate. lever for machines replacement with$325millionin The Help America Vote Act targeted card punch and to bereplaced by 2006. cardsAll punch andlever have machines ’el alongwiththerest of O’Dell, ibute an poer inthe president’s “pioneer” Voting Machines ything butv hine g iant Diebold, otes to 8 to Republicans. Sequoia gave $18,500toDemocrats and$3,500 under $22,000toR contributed $24,550toDemocrats andjust Nebraska-based ElectionSystems &Software competitors asitispublicly traded.) easiertofindDiebold ismuch thanits (Information on themselves. and theparties between Democrats andRepublican candidates divided theircontr Othercompanies and $2,500toDemocrats. contr thecompany’s board members 2001 and2004, Between acquisition ofGlobalElectionSystems. compan Diebold’ manufacturers were more pragmatic thanpartisan. summer 2004found thatvoting machine contributions conductedby O’Dell’ ibuted justo ciiyaie anexamination ofpolitical s activityaside, y politically active years before the2001 s pr imary industry 9 v er $400,000toR epublicans. ibutions almoste akn,madethe banking, , electionline.org Calif ornia-based epublicans v enly in FFederederal/Stateal/State AActivityctivity 11 s y’ ied tif enc 13 yees loaned from yees tion of the ag | ELECTION REFORM 2004 icant por eceiving funds had cer ederal Register – a requirement for – a requirement Register ederal une, $861 the first released the EAC eceive federal funds that had been funds that federal eceive Federal/State Activity Federal/State In J encies, obstacles to financial it still faced 12 s – a signif ch. ice space and had emplo f hose states r More than once in 2004,More Soaries, Baptist a former minister, upon Scripture, drew EAC’s to the referring task as trying to, without straw.” “mak[e] brick “brick” first EAC’s The to publish state HAVA was plans in the F states to r Congress’ by delayed slow House’s White and the in 2003. the EAC pace in appointing and confirming rent-free to secure managed Although the EAC of other ag its goal.achieving publication of state HAVA The of thousands of cost hundreds would plans dollar funds. available other federal with negotiations lengthy After agencies, the U.S. the costs to cover (GSA) agreed Administration Services General of publication. published in plans were The Mar million of HAVA funds to 25 states. million of HAVA T and requirements compliance with certain HAVA of matching percentage a required appropriated election reform. funds for to the related Despite the constant problems lack funding, of sufficient nonetheless the EAC of 10 acia ear 2004, As a result, the 11 ice Chair Gr V iscal y orced to find a way to a way to find orced ies (R), as f Soar ould see to it that states and ough the end of f y w , the U.S.Assistance Election

he federal government – which established itself as itself established – which government he federal the passage with an equal partner reform in election “Buster” uary

est an said the ations thr or VA’s effects before taking any further action, taking any before effects VA’s ongress continued to “wait and see”“wait to continued ongress about ommission (EAC) finally formed in Washington in formed finally ommission (EAC) accomplish its mission without the resources it had accomplish its mission without the resources Capital. in the Nation’s upon arriving to find expected EAC – already almost a year behind in its almost a year – already EAC establishment – w which about $1.2 million were available after available which about $1.2 million were agency. costs at the new personnel But the task proved difficult. But the task proved an $2 million (out of appropriated Congress its for to the EAC $10 million a year) authorized oper the year’s biggest federal story revolved around story revolved federal biggest the year’s be able to cast their would abroad voters how ballots in the 2004 election. In J C envisioned presence place as the federal its to take under HAVA. – Chairman commissioners four The DeF (D),Hillman Martinez (R) and Ray DeGregorio Paul (D), Election Assistance Commission struggle to agency federal a new As 2004 saw and funding to do its work, footing find and C HA funding and the federal localities received under HAVA. had been promised guidance they T of the Help America Vote Act of 2002 (HAVA) – remained of 2002 (HAVA) Act Vote America of the Help partner a silent year. this largely

12

continued | Federal/State Activity of th includingestablishment responsibilities underHAVA, T observe stateelectionsduring primaries. C thr either office for aday working atpollingplaces, encouraging employers tocontribute aday atthe pollworker recruitment initiative aimedat center ofattentiononelectionr initiatives aimedatkeeping theagency atthe yet low-cost pursued astrategy ofhighly-visible, ELECTION REFORM 2004| k k August. that theEA end r The inelectionreform. studying “best practices” others throughout thesummerdedicatedto The EAC followed thehearing withanumber of overflowing crowd. be attendeeswere turnedaway becauseofan Interest intheissuewas sointensethatwould- Washington onthetopicofelectronic voting. the agency helditsfirst publichearing in he EA ommissioners alsomadenumerous trips to ough paidv or several federal agencies andothernational committee withrepresentatives from a37-member The Board of Advisors, Technology; with theNationalInstituteofStandards and testing f coordinate anew system ofstandards and which will Development Committee (TGDC), The 15-member Technical Guidelines r esult was anonlinetoolkitofbestpractices ee bodiesessentialtoitsmission: g 15 nztos and, anizations; C alsobeg The agency alsosponsored anational C madeavailable onitswebsite in or voting inconjunction technology acation timeore 14 an toaddr Federal/State Activity xcused absences. fr.InMay, eform. ess itso wn neg Public attentiontotheEA meeting monthly ever since. The TGDC was establishedinJuly andhasbeen k N.J.) thatwould require electronic to machines Rush Holt(D- abillsponsored by U.S. 2239, H.R. impact bef continued towait for evidence ofthelaw’s Congress Two years afterthepassage ofHAVA, C unf introduce ittoawidernationalaudience inan intense andunfavorable attentionthatserved to theEAC was briefly thesubjectof Nonetheless, r with ElectionDay terror butneithersought nor assistance withan Security Secretary Tom Ridge tooffer theagency’s didwrite toHomeland however, Soaries, effort. electionline.o Subsequent r elections inthewake of aterrorist attack. federal the authority to “cancel orreschedule” Newsweek interests represented. among thevarious andorganizational partisan to procedural constraints ofconsensus andlack butaccomplishedlittledue Houston inlateJune, Advisors and Standards Board convened in eceiv ongr lattering light. ative turnlaterinthesummerwhen Distr territory andthe members from state, each withtwo The 110-memberStandards Board, ed an ict ofColumbia. or y authority y toalterElectionDay. ess reported thattheagency was seeking cigfrhr National interest in e actingfurther. rg epor – f 18 y conting ting –includingr ound noevidencean ofsuch 17 enc C’s efforts tooka y plansf 16 The Board of esearch by or dealing 13 Federal/State Activity | continued 25 23 ” y of them the e at home – eleased another y r | ELECTION REFORM 2004 d – man am jointl gr o 24 oting systems her In response, encouraged Congress s advisory boar ficials as well as the EAC to improve EAC as the as well ficials Federal/State Activity Federal/State ibution of absentee ballots. t of the Secure Electronic Registration and Registration Electronic t of the Secure oject’ tunity to cast their ballots via the Internet he other major issue at the federal level was level at the federal he other major issue eturned to the traditional mail-based voting eturned to the traditional Voting Experiment (SERVE). Experiment Voting 2004, In February of after a minority SERVE scrapped the Pentagon the pr against leading the charge same technologists paperless e-v flaws security of perceived critical issued a report in the system. The Department of Defense was planning to was Department of Defense The the jurisdictions in targeted voters overseas offer oppor as par demise, of SERVE’s In the wake attention r voters. overseas for process In September 2004, Voting Federal and the Pentagon’s the EAC Assistance Pr “best practices” that voting on overseas report suggested, among other things, that states further and e-mail in use of faxing “[e]ncourage the distr Overseas/Military Voting Overseas/Military T access to the abroad voters to guarantee how thousands of of with hundreds ballot in a year and overseas deployed military personnel civilians indicating dramatically thousands more in 2004. in voting interest increased the center at and military ballots were Overseas ago, years four of the controversies of many as late or without a postmark were ballots arriving not counted. election of voters’overseas access to the ballot. 21 iscal 2005 vides $7.8 o hen the new Treasury-Postal ization of about The delay,The coupled ere receiving their receiving ere 19 equested a f C r k session or w esolution that pr or election reform, partly because sions of the The balance,The if any, of election reform er fter the EA 22 uing r A 20 VA funds over a year after they had expected after they a year funds over VA yer, D-Md., and Rep. Bob Ney, R-Ohio. Other ants. funding will be determined after the election, either in a lame-duc million for the EAC’s activities related to Election activities related the EAC’s million for 2004. Day Congress convenes in January 2005. in January convenes Congress After Congressional appropriators were unable to were appropriators Congressional After 2005 funding bills, on any agree passed Congress a contin budget of $20 million for its work, for of $20 million budget House and Senate v bill included $15 million and $10 appropriations the EAC, for million respectively no but offered additional funding because not all the previous to states. been released had yet appropriations with the postponement in appointing the EAC,with the postponement in appointing meant that most states w such funds to arrive. election officials,For upon to feed began the delay itself. included only budget 2005 Bush’s President $65 million out of a total author $800 million f HA further not deemed to need any states were the initial to receive had yet funding because they gr have a verifiable paper trail, a verifiable have of face stalled in the co-sponsors, HAVA’s from resistance Rep. Steny Ho met similar fates. bills with similar goals Similarly, HAVA’s funding for Congressional at all. it moved when slowly mandates moved in late HAVA for enacted $1.5 billion Congress 2004 as part of the omnibus January months after the four bill – nearly appropriations year. of the fiscal beginning

14

continued | Federal/State Activity to waive theirright toprivacy. voters toemailscannedballotsifthey are willing governor –announcedaplantoallow military State MattBlunt–alsotheGOPcandidatefor mail. voters toreturn theirvoted ballotsby fax ore- Several stateshave gone toallow further overseas ELECTION REFORM 2004| provisional balloting rules were filed by groups in asurge oflawsuits spurred by state election, In thef and thevoting rights ofex-felons. voting technology voter identification, voting, disabilities r and organizations representing voters with stateofficials civilrights organizations, groups, country ha judges across the Since the2000election, and theCourts Election Reform to ha make sure thesoldiers have every opportunity and think we really have toextend ourselves, be done, the pr that militarypersonnel needtohave accessto state’s practice against similarcharges by noting Secretary ofState Al Jaeger (R)defended his Dakota while North vote manipulation, that thelac opponents oftheMissour Some Reaction totheplanhasbeenmixed. electronically ifthey provide awaiver. tosendtheirballots soldiers in “hostile fire zones” willallow which Utah, did as followed suit, v h is a isui where Secretary of The first was Missouri, ocess. e theirv inal monthsleadinguptothe No ota h altcnb one,I so thattheballotcanbecounted, ve heard arguments from minority 28 k ofasecret ballotcouldresult in eg “If [e-mail ote counted, ar ding earl Federal/State Activity ] isthew i planexpressed fear ” y andpr J aeg 2 6 er said. a North DakotaNorth y itneedsto 27 ovisional vember 2 29 took theissuetocour Republicans debating theissueinlegislature, lawsuit inNew Mexico Voter identification rules were thesubjectofa plaintif provisional ballotscastinthewrong precinct.The state law requiring electionjudges tothrow out ofStateGlendaHood) Secretary v. al. felon voting rights intime for November 2. related toearly voting and there-instatement of State cour casting theirballots. registered by mailwould have toshow IDwhen in September The StateSupreme Court sidedwithDemocrats and disenfr requirements would leadtoconfusionatthepolls while Democrats statedthatbroader ID of fraud, identification atthepollstoreduce thepossibility official should be required toprovide someform of did notr Republicans argued thatallregistered voters who any verification oftheiridentity. time voters who mailedinapplicationswithout state’ ofStateRebecca Secretary Vigil-Giron etal) v. acircuit inFlorida court September, in While Missourians wait for ajudgment, not discarded asoutlinedin state law in28states. voters inthewrong precinct shouldbecountedand argued thatprovisional ballotscastby registered and or and Ohio. Plaintiffs includingstateandDemocratic parties Florida, Colorado, Michigan, Missouri, s identification requirements beyond first- ganizations traditionally alignedwiththem fs plantoappeal. eg anchisement ofnewanchisement voters. ts thisy ister inper , r uling thatonl ear settledseveralcases (Rep. Larry Larranaga Larry etal. (Rep. t seekingtoe son withagovernment y v (AFL-CIO et 30 oters who upheld the xpand the After .

Lawyering Up For the Election Aftermath

As millions of voters go to the polls for the for Election Day. He told a Florida [Republicans] are recruiting lawyers to first presidential vote since the disputed audience earlier this year that his help in these efforts as never before.” November 2000 election, lawyers across campaign will research which precincts An indication of the high stakes involved the country are preparing for the were problematic for Democrats in 2000 in these preparations is the recent round possibility of a return to another and will take action before the vote if of opening arguments in another now-familiar venue for deciding elections: necessary. important venue: The court of public The courts. “We’re going to pre-check it, we’re going opinion. Determined not to ignore the lessons of to have the legal team in place,” Kerry In June, RNC Chairman Ed Gillespie sent a four years ago, Democrats already are said in Florida. “We’re going to take letter to DNC Chair Terry McAuliffe recruiting counsel and assembling battle injunctions where necessary ahead of proposing that the parties dispatch plans for the round of litigation that time. We’ll pre-challenge if necessary.” bipartisan teams of poll watchers to identify many expect to be an integral part of the Those plans took further shape in early and investigate voting irregularities. 2004 campaign. July when Kerry, appearing for the first In early July, McAuliffe and Brazile wrote The Democratic National Committee time in Florida with running mate U.S. back, lauding Gillespie for his “novel (DNC) has established the Voting Rights Sen. John Edwards, D-N.C., announced means” of protecting voters but suggesting Institute (VRI), chaired by veteran party that his campaign had retained Miami that rather than a “public relations gambit operative Donna Brazile. According to attorney Steve Zack, a veteran of the by the two political parties,” what is the DNC’s Web site, the VRI’s goal is “to 2000 Florida recount battle, to coordinate necessary is a “commitment … that the make sure that every legitimate ballot the campaign’s 2004 efforts in the laws will be enforced by those federal and that is cast is counted.” To accomplish Sunshine State. state agencies charged with protecting the this, the VRI plans “to deploy 10,000 “We just want to make sure nothing like constitutional and statutory rights of all lawyers across the country” this fall, 2000 happens again,” Zack told the Miami our citizens.” They also tweaked the Bush according to the DNC Web site. Herald, adding that the campaign had administration for not fully funding the Vincent Fry,VRI’s executive director, said the already received pledges from 75 new Election Assistance Commission, goal is “to do everything we can to expand attorneys statewide to donate their which has a key role in coordinating the opportunities for people to vote” in services leading up to the election. Kerry progress under the recently enacted Help November. To that end, Democrats are subsequently told the Hearst Corporation America Vote Act of 2002. assembling litigation teams in every state – in an interview that he had retained So with lawyers ready on both sides and and in some states, in specific jurisdictions Robert Bauer, a senior Democratic political parties already wrangling over with a history of election problems. These attorney, to coordinate similar “SWAT the issue, don’t be surprised if the election teams should have the ability to file teams” of lawyers nationwide. goes on past Election Day. lawsuits or seek injunctions should the need Republicans are also making plans for arise during the vote. The party is getting November, said Benjamin Ginsberg, a information specific to each state that these senior attorney who has worked with reprinted with permission from Campaigns and teams can use on the ground on or before both the Republican National Committee Elections Magazine, August 2004 Election Day, Fry added. (RNC) and the campaign. Ginsberg said To prevent problems before they occur, that the large number of new voters being the VRI has also developed a family voting registered by both parties, when plan toolkit designed to assist Democratic combined with the implementation of voters with registering to vote and the Help America Vote Act (HAVA) of casting their ballots successfully. 2002, will place an unprecedented burden on lawyers. Consequently, Ginsberg notes, For his part, Democratic presidential “There are opportunities for lawyers in nominee U.S. Sen. John Kerry isn’t waiting greater numbers than ever before, and

Federal/State Activity | ELECTION REFORM 2004 15

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continued | Federal/State Activity roiis inthenext legislative session. priorities” early voting willbeoneofthe “mayor’s top staf Shor thepractice. notimplement, for, the law simply requires electionofficials toplan ACole County circuit judge ruled that elections. law required advance voting for general 2electionargued thata2002 before theNov. ordera court toallow for anearly voting period who sought The plaintiffs, voting was dismissed. State MattBlunt) (Missour against GOP Secretary ofStateMattBlunt asuitfiled by Missouri lawmakers In August, ELECTION REFORM 2004| Second Circuit deniedthe Voting Rights Act Court of forAppeals the theU.S. In April, Supreme Court. ultimately bedecidedby theU.S. Two other felon disenfranchisement casesmay enfr rejecting challenges tothestate’s felon 2004 issuedby afederal inNew court York T Second Circuit. Court of Appeals, case totheU.S. andappealedthe Helost, Americans andLatinos. specifically against African and discriminatory, par vote toconvicted felons while incarcerated oron c at thetimeincarcerated onafelony charge, Hayden, y f A number oflong-standingcasesrelated toex- elon v halleng a.Asuitfiled in2000by New Yorkerear. Joseph he Hayden decisionwas thesecondopinionin ole onthebasisthatitw o t oi ao rni ly saidthat LouisMayor Francis Slay, f for St. anc tly after the ruling, Jeff Rainford, chief of chief Jeff Rainford, tly aftertheruling, oting r hisement statutes. ed thestatela i Democratic Party et al. v. Secretary of Secretary v. i Democratic Party etal. Hye .Gv George Pataki) Gov. (Hayden v. ights reached the higher courts this ights reached thehighercourts over the state’s banonearly Federal/State Activity w den as unconstitutional ying ther who was 31 ight to in 2000 behalf ofex-felons camebefore aFlorida court One ofthemostsignificant casesfiled on 2004 term. to heareitherofthesecasesduring theOctober Supreme Court willdecideonwhether The U.S. account ofrace. in Washington deniestheright tovote on 1997 contendedthatfelony disenfranchisement Another lawsuit federal district court. that w organizations thismonth. in Connecticut by several citizen advocacy States toseekElectionDa ofStateSusanSecretary Bysiewicz) The first lawsuit r of inAppeals Atlanta granted apetitionfor a 11thCircuit Court theUnitedStates’ In July 2004, in favor oftheplaintiffs. In December2003afederal ruled appealscourt completed theirprison sentencesandparole. str The lawsuit challenged thevalidity ofthestatelaw systemforcourt four years. hasbouncedaround thestate register orvote, their sentencesbutr ha on behalfofmore than600,000Floridianswho Coombe) claims inthe1994case ehear v ipping f e beencon ing bef as appealedafterbeingdismissedby the Jhsnv o.Jeb Bush) Gov. (Johnson v. afelon disfranchisement lawsuit , elons ofv or victed offelonies andcompleted e thefullpanelofcir Frahnv Locke) (Farrakhan v. (John DoeandJane Doev. oting rights afterthey have 32 emained ineligible to y r egistration was filed (Muntaqim v. Tesi,filed suit, .The in theUnited cuit court. filed in 33 17 Federal/State Activity | continued | ELECTION REFORM 2004 Federal/State Activity Federal/State 35 34 wsuits, those centered including ederal, elections. state or municipal oblematic voting machinery,oblematic voting or a allegations The suit asserts of that the state is in violation The to register citizens requiring by the Constitution Election Day. before at least 14 days The an to create the state legislature for call plaintiffs the all of system for registration Election Day elections. state’s predicted have lawyers and Republican Democrat that a host of la The state’s current rules allow people to apply to people to apply allow rules current state’s The but not ballot on Election Day cast a presidential in other f on pr election procedures, history of troubled recent and post-election that allow state election laws challenges, elections. the November could follow TThehe NationalNational PicturPicturee 19 oral y ar less act a f ell. and Activists 39 oting is in f | ELECTION REFORM 2004 oting as w xample is a 1997 ma 38 An oft-cited e ested that absentee v g The National Picture The e sug v hines will impact absentee v Lingering doubts over the security and reliability of voting and reliability the security doubts over Lingering mac Some ha political party leaders in some states are encouraging voters encouraging political party in some states are leaders are say they what to avoid to cast absentee ballots in order a machines that do not provide voting electronic unreliable paper trail. voter-verified system.secure the throughout fraud Most instances of voter than at the mail rather through occurred have years past few the polling place. of after the discovery overturned election in Miami that was absentee ballots. thousands of forged 37 36 el, illness, disability, or religious w the men and women serving w the men and women erseas and military ballots will erseas v hese permissive rules, hese permissive along with v a T tr ostal Service has been asked to clarify and to clarify ostal Service has been asked y mail. P .S. xcuse required (25 states) xcuse required (26 states) Excuse required the U , y the handling of o No e h as military service, holiday observance. holiday in November in Florida vote with the overseas problems After 2000, abroad to return them in time to have them counted. them in time to have to return abroad Similarl undoubtedly face scrutiny again. scrutiny face undoubtedly military so many With overseas,personnel the Department has been of Defense delivered absentee ballots get sure to make under pressure with adequate time to allo Twenty-six states require voters to provide an explanation to provide voters states require Twenty-six Election Day at a polling place on not being able to vote for suc This map provides information on whether states require an excuse to vote absentee. to vote an excuse states require on whether information map provides This Absentee Voting Absentee Twenty-five states allow voters to cast “no-excuse” to cast voters states allow Twenty-five absentee ballots b in some states, voting of early the availability led to have will of voters as 20 percent some estimates that as many 2. November cast their ballots before improve postmarking of ballots to expedite handling. postmarking of ballots to expedite improve 20

continued | The National Picture prior toElectionDay and/orin-person absenteevoting. This mapprovides information onwhether statesallow early voting –voting onamachine Early Voting ELECTION REFORM 2004| States ha voting before machines ElectionDay atavariety ofplaces. Some earl centralized pollingplace. complete anabsenteeballotatacountyoffice orsomeother v Early Thirty-five statesallow someform ofearly voting. require voters toprovide anexcuse tovote by mail. Mostofthesealso Fifteen statesdonotpermitearly voting. gr while someColorado voters have castearly ballotsat malls, the voters –California hassetuppollingstationsinshopping oting ocery stor Y s(5sae)N 1 tts Allmail-invoting (1state) No(15states) es (35states) , sopsdt betevtn,allows avoter to as opposedtoabsenteevoting, v e sho y voting statespermitvoters tocastballotson es. wn someing The National Picture en uity inbr ing ing early voting to inf say thosewho vote early are voting withoutallofthe ho con Supporters ofearly andabsenteevoting pointtovoter since 1998. Oregon hasemployed astatewide vote-by-mail system hnetervt,even ifthey change theirminds. change theirvote, Those who have voted early cannot of electioncampaigns. ee,o hte ticessvtrtrot Detractors on whether itincreases voter turnout. wever, ormation pr venience and cost-savings for taxpayers. Experts disagree, Experts venience andcost-savings for taxpayers. o vided o v er theclimacticlastda ys andw 40 eeks T Ex-Felon Voting he National Pictur This map provides information on whether states allow ex-felons to vote. e | contin ued

Yes (37 states) No (7 states) Some restrictions (7 states)

Seven states effectively prohibit ex-felons from voting and vote, “only if you have independently confirmed that the seven more states prohibit some ex-felons from voting. person is a felon who has not had their civil rights restored.”42 Thirty-six states and the District of Columbia restore the voting rights of ex-felons, but at what stage in the process – And this time around, those not on registration lists will have on parole, probation – and whether the re-enfranchisement is provisional ballots to cast, rather than face being turned away automatic or requires more effort on the part of the ex-felon as they were four years ago. varies from state to state. Two states – Maine and Vermont – Florida is not the only state where problems have arisen with allow inmates to cast ballots from prison.41 ex-felon voting rights. As with many other election issues, Florida’s treatment of In Ohio, a report by the Prison Reform Project stated that current and ex-felon disenfranchisement has been the most some counties failed to fully inform felons about their ability controversial nationally. In 2000, a faulty purge list of current to have their rights restored. The study found that 21 of 88 and former felons disenfranchised thousands of eligible Ohio counties gave felons incorrect registration information. voters who happened to share some information with non- In many cases, ex-felons were asked for documentation they eligible voters. Thousands of voters were incorrectly did not need to provide.43 identified as felons and barred from voting. A similar report from Rhode Island cited some of the This year, the state essentially abandoned a similar effort to difficulties ex-felons face in restoring their voting rights.44 compile a list after organizations, newspapers and activists found flaws. The state has now told counties to deny the

The National Picture | ELECTION REFORM 2004 21

22

continued | The National Picture This mapprovides information oneligibility for provisional ballotstobeverified. Provisional Voting ELECTION REFORM 2004| Note: v countedonly iftheeligibility ofthe from regular ballots, cast pr voter rolls butbelieve thatthey are registered are entitledto show upatthepollsandwhose namesdonotappearonthe With thepassage oftheHelp America Vote allvoters who Act, HA why. andifnot, ballot was counted, thr states, and lawsuits filed over provisional ballotsinanumber of With theelectionfast approaching turned away atthepolls. are cast by avoter inthewrong precinct. including Florida –willnot countprovisional ballotsifthey implemented theHA The problem liesinthedifferent ways stateshave of2004. hanging chad” oter canbedetermined. ough a Web siteortoll-free phonenumber whether their V A w Elig precinct (28states) if castincorrect o some ar requires theballotbecastin thecorrect precinct. there are circumstances when avoter may castaprovisional ballotandstatelawWhile Wyoming permitsElection-Day registration, as intendedtoensur visional ballots. ible for verification e insteadcallingpr V A-mandates. Pr The voter must beabletofind out The National Picture o visional ballotsar e noqualif Twenty-eight states– Elig o (17 states) jurisdiction if castincorrect visional ballots ied v ible for verification oter w e segregated ould be “the r provisional orders ballotsonly ifa court pollingplacesto voters willcast the only statewithnovoter registration, f The rule doesnotapply inthe amendments willbecounted. cases countywideof statewide and insome Votes for federal, the wrong precinct. Seventeen ballotscastby states willcountpartial voters in f Similarlawsuits were butajudge upheldthelaw. counted, ballotswillnotget arguing thousandsofregistered voters’ A lawsuit by laborunionssoughttooverturn Florida’s rule, man the right pollingplaceandgood information willeliminate Florida officials say pollworkers are trained to sendvoters to iv iled inC emain openlong e stateswithElection-Da Election-Da registration (5states) y oftheanticipatedpr olor ado y , er thannormalhour Mic higan andMissouri. ie,statewide initiatives and fices, oblems. y r eg istr 45 No v affidavit completed hours extended, available only ifpoll ation. s. oter registration - In North Dakota,In North

T Registration Databases he National Pictur This map provides information on whether states have a statewide voter registration database in place for the November 2 election. e | contin ued

Yes (15 states) No (34 states) Not applicable — no voter registration (1 state)

One of HAVA’s most extensive (and expensive) mandates was Complaints have also arisen in Minnesota over the state’s for the creation of statewide registration databases. new database. Local officials said they were concerned about Statewide databases, many voting experts say, can help the rate and scope of change. A state senate panel heard ensure voters are not left off the rolls, prevent fraud by testimony from county auditors and others about glitches identifying double registrations or wrongful registrations and with the new voter list during an August special election.47 prevent bloated, out-of-date voter lists by better tracking the movement of voters within a state and, in some cases, Rhode Island officials said they were hoping to have a between states. database in place by November, but experienced problems when it discovered while building the new system that For the November election, 15 states have statewide systems thousands of voters were registered in the wrong ward or up and running. HAVA allowed states to waive fulfilling this town. With some town election officials concerned about requirement until 2006. States including Delaware, Kentucky using the new list, the secretary of state dropped the mandate and South Carolina have had such systems in place well that all jurisdictions join the list by the November election.48 before the 2000 election. Fifty-six of Pennsylvania’s 67 counties are on the state’s West Virginia put its statewide registration database online in Statewide Uniform Registry of Electors (SURE). Like West January of this year and heard complaints from some county Virginia, some counties reported problems with the new election officials. Almost half of the state’s 55 counties had system.49 some difficulty with the new system.46

Note: The District of Columbia is a single jurisdiction.

The National Picture | ELECTION REFORM 2004 23 24

continued | The National Picture This mapprovides information onstatevoter requirements. identification Voter Identification ELECTION REFORM 2004| r whether ornotto Just asitwas before the2000election, before voting. Se method ofregistration. time voters toshow identification regardless oftheir T 32statesadoptedtheminimum federal requirement. Act, Following theenactmentof identification atthepolls. with theirr voters who register by mailanddonotincludeverification T intimidation, Democrats countered thatinastatewithhistoryofvoter todeterfraud. they said, voter identification asaway, Republicans pushedfor universal InMississippi, several states. continues andcontentiousissuein tobeabitterly partisan minimum HAVA andthestateadopted requirement. Democrats prevailed, voters. equir w he Help v o states–K enteen statesr application (32states) provide verification with who register by mailanddonot R e v equired offirst-time voters America Vote Act (HAVA) mandatedthatfirst-time oter a r s tosho eg equir ansas andP istr equir ation f ement f w identification before they vote e thatallv The National Picture orms ber ennsylv or IDcoulddiscourage minority oters show identification ania –r equir equire allfirst- ed tosho (17 states) R equired ofallvoters w the voter IDrules. b The stateresponded being informed oftheaffidavit option. beingturnedaway from thepollswithout Native Americans, includinganumber of primary there were reports ofvoters, Inthestate’s June an affidavit swearing totheiridentity. v This hascausedproblems inSouthDakota where if Dakota. SouthCarolina andSouth Louisiana, photograph –Florida, Four statesrequire voters toshow identification witha HAVA-mandated requirement. Democrats opposeany expansion ofthestate’s current, party, such asatvoter such registration drives. party, mandate toincludeallv The billwould expand HAVA’sit willhelpprevent voter fraud. arguing HAVA tomake therequirement anationalmandate, polls. do notregister withagovernment official toshow IDatthe In Ne tr onthv ht D they are by law allowed tosign oters donothave aphotoID, y r equir w Me Sen. ing signsbepostedatallpollingplaces explaining P io Republicans wanted allfirst-time voters who xico, ete Domenici, 51 oter voters (2states) R R-N.M., equired only ofallfirst-time s w ho r of eg f er istered through athird- ed anamendmentto 50 New Mexico d h Car ed er v aper DRE P Mix N/A Le Optical Punc ember 2004. v . g .electionline.or oting system used in No v e map at www activ see the inter ormation on states’ ystem Used ormation, vides inf o e detailed inf oting S his map pr or mor V T F

The National Picture | ELECTION REFORM 2004 25 State-By-State Findings 27 | ELECTION REFORM 2004 54 e final preparations for the election for preparations e final entually, said, Worley the state will or Ev al poll workers might have to be trained might have al poll workers Alaska’s vast size has made it a challenge size vast Alaska’s Rur eas. State provisional voting rules require voters require rules voting State provisional ell bef State-By-State Findings al Troy King said the law prohibited it. prohibited the law King said Troy opinion The al equired. y Gener om combat ar ts of the state. sometimes w equired for all voters. all for equired 461,059 (September 2004) 3 7 a.m. to 8 p.m. Optical scan of all voters. Required jurisdiction. if cast in correct verification for Eligible required. No excuse Yes Yes 2,573,989 (June 2004) 2,573,989 (June 9 7 a.m.p.m. to 7 Optical scan, DRE R precinct. in correct if cast verification for Eligible Excuse r No No ovisional voting: ovisional Poll worker training: worker Poll Pr al par ttorne 53 A k k ur th by Secretary of State Nancy Worley, timely a more wanted of State Nancy who Secretary th by or s in r 52 er A number of Alaska voters complained bitterly when the state this year when complained bitterly Alaska voters of A number Alabama plans to move to a statewide system of optical scanners, system to a statewide Alabama plans to move though seas after ork er ballots home fr OTERS: k er k V v ance of the election, TO LOOK FOR TO ace Internet voting. ed the plan put f ain poll w y to deliv ve been made. been ve the U.S. for an anticipated tight race With Senate, do the poll how a OTING SYSTEM: OTING he state decided to disallow the use of Internet ballots for Alabama military personnel the use of Internet ballots for he state decided to disallow xists as an anticipated close race for the U.S. for xists as an anticipated close race national attention. attract Senate will likely ar in adv ha perform? workers f embr shelv w to be in the correct precinct to have their ballots considered. to have precinct to be in the correct been poll workers Have many How precinct? to the correct directed voters Are in their use? trained adequately discarded? are ballots provisional to tr OVERVIEW not come to the state, have changes wholesale While added scrutiny the potential for e LOOK FOR TO THINGS Alaska REGISTERED VOTES: ELECTORAL HOURS: POLLING PLACE V ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: T stationed o THINGS Alabama REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW the 2004 vote. in use for machines will remain some electronic raised Questions that were were primary August an during in some jurisdictions the handling of absentee ballots over being investigated. moved to a closed primary,moved independent-minded voters some of the state’s disallowing party races. crossing party’s lines to cast ballots in other from

28

continued | State-By-State Findings ELECTION REFORM 2004| Earl maligned systemconverted tooptical-scanballots. car Amer though thiswilllik ar and voters trained ontheiruse? Voting machines: plan f voter registration records Doesthestate’s thatthey “will notneedtoaskany voter for ID.” SocialSecuritydatabase toidentifyandmatch numbers andmotorvehicle records with OVERVIEW RIGHTS: EX-FELON VOTING EARLY VOTING: ABSENTEE PR V VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Arkansas THINGS TO LOOKFOR OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEM: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Arizona Wloet h e rzn, shesaid.” ‘Welcome tothenew Arizona,’ [of Latinoelectedofficials] vetoed themeasure tothecheers ofconference participants. “T suppor andinsteadinsistedthatthosewho identification requirement madevoter fraud easy” Napolitano Press reports atthetimesaid required identification ofallvoters atpollingplaces. attorne elcmn qimn,which isrequired tobein placeby 2006. replacement equipment, State-By-State Findings O e usedinsomelocationsar e h oenrgabdhrrdsl-nigsapad right infront oftheaudience hen thegovernor grabbed herred self-inkingstampand, O TER ID: ds. y this VISIONAL ica Arizona wasVote thesiteofacontentiousbattleover thefuture ofpunch Act, or meetingHAVA’s IDrequirement comply withtherules? T ted voter IDwant tomake itmore difficult for minority voters tocastballots. a ih a ete oeta erao when thelastninecountiesusing hat fight was settledmore thanayear ago, y general in2001and2002–vetoed aRepublican-backed billthatwould have V ear O k k “moc TING: V , O Go Arkansas voters willcastballotsonavariety ofdifferent in2004, machines As Congress debatedlegislation thatwould eventually becometheHelp TING: ubro uidcin aerpae oigsses Are pollworkers A number ofjurisdictions have replaced voting systems. k v el ed theclaimby supportersofthemeasure ofan thatthelack . Janet Napolitano(D)–aveteran ofthepunch-card fight asthestate’s y bethelastf k ound thestate. Voter ID: restoration ofvoting rights. thatsentencedthemformust petitionthecourt anindividual If convicted oftwo ormore felony offenses, Yes No excuse required. Elig and donotprovide verification withapplication. R Optical scan to7p.m. 6 a.m. 10 2,440,144 (September2004) Yes Yes Excuse r Elig R and hand-countedpaperballots lever, card, punch DRE, Optical scan, to7:30p.m. 7:30 a.m. 6 1,619,207 (January 2003) equired offirst-time voters who register by mail equir ible for verification ifcastincorrect jurisdiction. ible f eder ed ofallv equir or v al election in which punch cardsal electioninwhich punch andlever machines State officials saidthey are soconfident intheir 55 er ed. if Arkansas acceptedfederal money topurchase ication ifcastincorr oter s. ect jurisdiction. 29 State-By-State Findings | continued y, and security ac | ELECTION REFORM 2004 er the accur v , has denied wrongdoing, who asked y Shelle ch 2004) Older machines of in a number will be used 56 While questions about DREs have dominated questions about DREs have While State-By-State Findings imonious debate o ation into the Secretary of State’s handling of handling of State’s ation into the Secretary estig e. confidence? sapped voter Has the DRE controversy v ag xcuse required. er v arty activists. An in 15,091,160 (Mar 55 7 a.m.p.m. to 8 Optical scan, DRE, (pre-printed, DataVote pre-scored system) punch-card mail by register who voters of first-time Required with application. verification and do not provide jurisdiction. if cast in correct verification for Eligible No e Yes Yes Voting systems: Voting Voting machines: Voting ws co atic P k k California voters in DRE counties can cast paper ballots. voters California do How irst-time voters who registered by mail and did not provide by registered who voters irst-time F orm funds for voter education has resulted in millions of dollars being in millions of dollars education has resulted voter orm funds for Questions about the accuracy and reliability of e-voting machines have of e-voting and reliability Questions about the accuracy ef ears ago.ears nears. has dissipated as the election of the passion and anger None California was one of the first states to replace punch-card voting systems voting punch-card states to replace one of the first was California o y ication: e-election ne ver voting machines in the state, voting ver using optical- of counties will be a number elease some money to print voter information posters and to hire extra staff tostaff extra and to hire posters information voter to print elease some money k visional decertification of voting machines by Secretary of State Kevin Shelley last Shelley of State Kevin Secretary visional decertification machines by of voting VOTING: o ormation/complaints: sities tw al election r er w this controversy over e-voting will impact voter confidence – and voter turnout – is – and voter confidence will impact voter e-voting over w this controversy ve the option to cast a paper ballot if they are concerned about the security of their vote. security concerned about the are the option to cast a paper ballot if they ve fter a pr oter identif oter inf erification with their applications will be required to show ID at the polls. to show will be required with their applications erification poll Are eder the state to r complaints.handle voter October, As of early been approved. had not yet the money THINGS TO LOOK FOR TO THINGS PROVISIONAL VOTING: PROVISIONAL ABSENTEE VOTING: EARLY EX-FELON VOTING: OVERVIEW after the 2000 election – and the leader in acr THINGS TO LOOK FOR LOOK FOR TO THINGS California REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER Ho questions heading into Election Day. national one of the most pressing portion of federal at its center – concerns the state’s – also with Shelley Another controversy funds.election reform Gov. voter for $25 million earmarked froze Arnold Schwarzenegger to hire of using the money accusing Shelley of reports surfaced education after a number political allies and Democr reliability of their replacements.reliability California’s from sprung voting electronic over Concerns univ A year, systems will voting electronic in the nine counties with direct-recording voters the state’s ha jurisdictions around the state. the around jurisdictions election? in the presidential perform do they How discussions o election. time in a presidential the first scan systems for will use an County Angles Los a punch card, system that looks and acts like voting interim scanned the ballots are except and no punching is required.optically and workers and educated poll counties trained Have systems? voting new on the use of all of the state’s voters systems,Voting part II: systems voting polling places and tabulations with multiple manage local election officials delayed? the results Are in place? V v procedures? in the state’s trained properly workers confidence: Voter dominated pr V f frozen, complaints or to to handle voter workers to hire is available meaning little money posters. information voter print of the election? the administration does this affect How

30

continued | State-By-State Findings ELECTION REFORM 2004| and c post-election la allo The statewillalsoinstituteprovisional voting for thefirst timeinapresidential election, tochange toanewscheduled systemby 2006. mec popular doesColorado’s Inaclosepresidential race, its electoral votes basedonthepopularvote. Electoral College split: ballots delay electionresults orconfusevoters? ballots w Onecountywilloffer acentral voting centerfor thosewho needprovisional primaries. n Donew voter IDrules increase the required toshow identification atpollingplaces. V Ballot counting n including r v OVERVIEW EX-FELON VOTING: EARL ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Connecticut THINGS TO LOOKFOR Elector V voting program thathasproven controversial insomelocalrecounts. new voting inanumber ofjurisdictions machines andafederally-compliant provisional includinganew requirement for voter identification, place compared withfour years ago, OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Colorado State-By-State Findings oting systems. umber ofpr umber oflocalities–butwillnot dosointimef oter ID: tr ildcd nblo ntaieAedet3,thatwould dividethestate’s oters willdecideonballotinitiative Amendment 36, wing thosev hanical machines will beusedforhanical machines one final presidential electionasthestateis Y VOTING: hec al C -vote systemsparkpost-electionlawsuits anddelay thenationalresults? k laterw hile mostwillr T olleg eal-w his y k k o visional ballots? The 2004electionwillmarkanumber ofsignificant changes atthepolling e v wsuits, Ar : ear marksthef oter orld pollingplacetestsofdif Connecticut withchanging itsfleet oflever hasflirted – machines hether the Pr e pollw otes basedonthepopularv o s w visional ballotsdelayed results insomelocalitiesthisyear’s fvtr prv mnmn 6 thestatewillimmediately divide If voters approve Amendment 36, par k ho belie equir ork ticularly ifthepresidential race isclose. e voting machines: New ee nfc,qualified andtheirvotes were counted. infact, y were, h oe ofn hi orc oln lc.Doprovisional e thevoter tofind their correct pollingplace. er Yes Yes No e Eligible for verification ifcastincorrect precinct. R hand-countedpaperballot DRE, Optical scan, to8p.m. 7 a.m. 9 1,965,849 (October2003) Yes No Excuse required. Eligible for verification ifcastincorrect precinct. Required ofallvoters. Lever machines to8p.m. 6 a.m. 7 1,965,849 (March 2004) equired ofallvoters. Are pollworkers properly trained instaterules? s andvoters adequately trained intheiruse? v ir e the st federal electioninwhich allstateresidents willbe xcuse required. y are registered andare notonrolls tocastballots ote tall f or No er A number ofjurisdictions have switched ent kindsofelectr v y me’ oe sarsl,the3,300 Asaresult, ember’s vote. fscesu,itislikely totrigger Ifsuccessful, . 57 onic mac hines ina 31 State-By-State Findings | continued ict’s h precinct ing the Distr ecinct. hine in eac ect pr | ELECTION REFORM 2004 ights restored. e r Delaware was already there. already was Delaware v eated confusion dur ible to ha Congress singled out lever machines for out lever singled Congress Delaware employs an older version of the an older version employs Delaware s with a single DRE mac ication if cast in corr ication if cast in correct jurisdiction. ication if cast in correct State-By-State Findings if if DRE ed. er er oter Vote Act’s requirements for statewide registration statewide for requirements Act’s Vote e not elig s v or v or v equir ather than localities. ica to 8 p.m. ation of sentence. ible f ible f his dual system cr ibery ar Amer equired of first-time voters who register by mail by register who voters of first-time equired xpir es T Rights restored for qualified ex-felons five years after years five ex-felons qualified for Rights restored with application. verification and do not provide Elig Excuse r Y Yes Excuse required. No of violent crimes, convicted Felons abuse of office, br e 368,477 (September 2004) 3 7 a.m. to 8 p.m. Optical scan, R 525,806 (June 2004) 525,806 (June 3 7 a.m. DRE all voters. for Required Elig Voting machines: Voting Voting machines: Voting 59 k olumbia ity of the city’ k State provisional voting rules – which will be used for the first time in the first for will be used – which rules voting State provisional hile the Help TING: TING: The District continues to operate a dual system for voting technology – voting a dual system for to operate continues District The W O O chased voting machines,chased voting database, a statewide maintained poll and oversaw V V or the major TING: k k CE HOURS: Are voters confident in the machines? confident voters Are O STEMS: STEMS: ict of C V 58 s with disabilities. TING: O V VIEW oter Y VOTING: Y VISIONAL VISIONAL TING SY TING SY O O VER O ID: OTER O he state pur esponsibility in the hands of states r or v touch screen – a full-faced unit that lights up candidates’ – a full-faced touch screen pushed. are buttons names when in voters sought to reassure e-voting for press concerned about negative State officials of each and maintain paper records reliable machines are that the older-generation August cast. vote Distr REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE V V PR ABSENTEE EARL EX-FELON VOTING: OVERVIEW O LOOK FOR TO THINGS REGISTERED VOTERS: VOTES: ELECTORAL POLLING PLA V ID: VOTER PR ABSENTEE VOTING: EARL EX-FELON VOTING: THINGS TO LOOK FOR LOOK FOR TO THINGS Delaware databases limited voter identification and provisional voting, and provisional identification databases limited voter more it placed significantly r T 16 and 17- of HAVA. will allow the passage rules before training Recently-adopted worker at the polls. teens to work year-old replacement with more modern voting systems. modern voting more with replacement will likely system statewide Connecticut’s past. than elections scrutiny be under more on machine problems be voting there Will Election Day? voting: Provisional their to have precinct to be in the correct voters require – election in November a general counting. for ballots considered in their use? trained been adequately poll workers Have provisional to cast precinct to the correct directed they and are rights their know Do voters ballots end up discarded? provisional many ballots? How optical scan f f 32

continued | State-By-State Findings ELECTION REFORM 2004| tall polic andrenewed criticism ofthestate’s attention tobefocused onthepossibilityofrecounts, someinthestate contended. agroup more likely tovote Republican, of Hispanic voters, generated by Republican Secretary ofStateGlendaHood–was suspiciously names lacking qualif eerily reminiscent ofFlorida’s erroneous purge in2000thatremoved thousandsof remove thenamesoffelons from thestate’s voter registration rolls earlierthisyear was Anattemptto The monthsleadinguptoFlorida’s critical vote give reason for concern. of thecountry–andw a indicationofthehealthelectionsaround thecountryandameasurement for therest Miami-DadeandBroward counties willbe screen systemsinheavily-populated Palm Beach, particularly thetouch- The state’sfor voting electionreform machines, around thecountry. e err Voter education: similar ElectionNightdelays? Will itmatterinthisreliably Democratic city? THINGS T as many as35percent ofthestate’s voters willcastabsenteeballotsorvote early inperson. Someestimate inmid-Octoberandlastthrough ElectionDay. willstart which a bitofvoting, Butthey mightmissquite as willteamsoflawyers from boththeBushandKerry campaigns. Election monitors from around thecountryandaround theworld willbeonhandfor thevote, An honestmistake? A federal inquirymightdecide. OVERVIEW EX-FELON VOTING: EARL ABSENTEE VOTING: PR VOTER ID: V POLLING PLA ELECT REGISTERED VOTERS: Florida THINGS TO LOOKFOR polling places. Ethics mailed100,000householdsavoter guidethatomittedinformation onvoter’s polling placeinNovember following thediscovery thatthecity’s Board ofElectionsand voters across thecitymay have somedifficulty inidentifyingtheircorrect Similarly, were delivered toacentral countinglocation. asresults from were DREmachines delayed while vote cartridges September 14primary, cause post-election pr perf electr theabsence ofany abilitytoperform aballot-by-ballot recount of however, close vote, w after November 2? leaving thecitywithalarger-than expected provisional ballottotaltoverify Election Day, State-By-State Findings pce odcd h aeo h rsdnileeto.Itwillalsobethemeasuring stick xpected todecidethefate ofthePresidential election. he state’ O res lwsatu ie n oglns hs sushv enlreycretd Ina Those issueshave beenlargely corrected. slow uptimes andlonglines. start orkers, OVISIONAL VOTING: r,lostvotes and mishandlingofprimary ballots. ors, TING SY y v orm? Inacloser Y y thatessentiall ORAL VOTES: onic v e,msl lc oes rmpl otr.Ti ieaon,thestate’s list– This timearound, from pollrosters. mostly voters, black ied, V otes in10Flor OTING: T s O LOOKFOR STEMS: A CE HOURS: k ugust primary went smoothly, although there were although scatteredmachine of reports ugust primarywent smoothly, otes couldsparkne 61 All eyes willbeonFlorida asthestateisagain poisedtobeoneofahandful The Board quickly mailedvoters follow-up postcards tocorrect theerror. Will voters confusedby theincorrect voter guidebemisdirected on y pr ida counties. ace, oblems? ohibits r k k will blankballotsandaninability toperf orld –toseeifthef Voting machines: V oting mac 27 9,333,469 (February 2004) No Y No excuse required. Elig Required ofallvoters. Optical scanandDRE 7 a.m. es ecounts ofv ible for verification ifcastincorrect precinct. w leg iepedpolm rs n20,withconfusedpoll Widespread problems arose in2002, to 7p hines: al tr .m. oubles inthestate. otes castonelectr Will thecity’s systemcreate dualtechnology P 60 iasco of2000was anaberration. aperless e-v 65 W t h tksrie,expect more ith thestakes raised, oting mac onic mac Ho hines willcollectand w dothemachines orm ballot-by-ballot hines. 66 62 63 64 33 State-By-State Findings | continued 68 69 | ELECTION REFORM 2004 The statewide system of statewide The 67 Scrutiny over voting machines – and the voting over Scrutiny s polling places. State-By-State Findings y 2004) erification if cast in correct precinct. if cast in correct erification ul or v Walden O’Dell and President Bush – detailed in a Bush – detailed in O’Dell and President Walden ible f es More than a third of Floridians are expected to cast ballots expected are of Floridians than a third More 7 a.m. to 7 p.m. DRE of all voters. Required Elig Excuse required. Y Yes 4,717,603 (J 15 Voting machines: Voting k State provisional voting rules require voters to be in the correct voters require rules voting State provisional The trustworthiness of electronic voting systems has been challenged systems has voting electronic of trustworthiness The State provisional voting rules require voters to be in the correct polling to be in the correct voters require rules voting State provisional : een Diebold CEO One of the pioneering states in post-2000 election reform,One of the pioneering voters Georgia onic ballots at all of the state’ TERS: VOTING: O oting k OTES: eports flaws. detailed potential security V V STEMS: ded? aising letter from 2003 in which O’Dell pledged to “deliver Ohio’s electoral votes” electoral Ohio’s “deliver to O’Dell pledged 2003 in which aising letter from to ORAL ies of r Y VOTING: VISIONAL visional v enders of the touch-screen system. of the touch-screen enders Cox, after all, the state to convince charge led the TING SY O ecinct to have their ballots considered.ecinct to have in trained been adequately poll workers Have o O will cast electr fundr its machines. and the incumbent – further in the company public confidence eroded OVERVIEW Close ties betw officials,Georgia (D), Cox of State Cathy Secretary led by among the most steadfast are def after punch cards the state’s to replace $54 million to appropriate and governor legislature election. 2000 presidential in Georgia’s discovered were rates high error LOOK FOR TO THINGS Georgia REGISTERED ELECT HOURS: POLLING PLACE V ID: VOTER PR ABSENTEE VOTING: EARL EX-FELON VOTING: election. last federal since Georgia’s markedly them – has increased companies that make machines? Diebold Is voter with the state’s satisfaction to express continue Do voters connections with the lapses and company of security reports by shaken confidence party? Republican Pr pr ballots end provisional many How precincts? to their correct directed voters Are their use? up discar Voter confidence: Voter trails, paper audit issue of voter-verified attention on the of media a barrage by votes, lost and political machine makers and political ties between security of weak allegations parties and candidates. Further, be smarting might still the from voters some Florida of 2000.problems result? in this year’s confidence express Do voters voting: Provisional precinct to have their ballots considered for counting.for their ballots considered to have precinct been workers poll Have many How precinct? to the correct directed voters Are in their use? trained adequately ballots end up discarded? provisional voting:Absentee ballots/early or mail-in ballots. voting early using in-person Day Election before in the state results Are of absentee ballots? number of a large because delayed Diebold touch-screen machines,Diebold touch-screen however, after years in the past two has come under fire a ser 34

continued | State-By-State Findings ELECTION REFORM 2004| dela workers accidentally leaving behindand machines dropped off atthewrong precincts, being includingmachines thatroll-out was plaguedwithdifficulties, however, primary, Vote In a September Act’s pollingplace. mandatefor ineach atleastoneaccessiblemachine r Are voters directed totheircorrect precincts? How many provisional ballotsare discarded? Have pollworkers beenadequately trained intheiruse? place tohave theirballotsconsidered. Provisional voting: conf Doestheargument over papertrails andvoting systemsecurity affect voter voting system. Critics say they’re concernedabouttheabsenceofapapertrail onthescrolling-wheel Stateelectionofficials want any voter ifthey tousethemachines choose. assistance. want tolimittheirusevoters withdisabilitiesorthoseneedingspecial Voters, alongwiththeLeagueof Women Republican andDemocratic Party officials, precinct. II: part Voting machines, Doerror rates decrease? tossed intheSeptemberprimary. instructions to voters tomake sure errors decrease from thenearly 4percent ofballots Electionofficials are reviewing scan systemusedinthestatefor thepastsixyears. uncontroversial electionyieldedalop-sidedvictory. THINGS TO LOOK FOR OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE PR V V POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Idaho THINGS Mor OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Hawaii in thr September pr the closedpr shar State-By-State Findings eplacement ofpunc O OTING SYSTEMS: O TER ID: VISIONAL e tr igvt oas tl,lessthan3percent ofHawaii’s voters usedtheDREmachines. Still, ying vote totals. p riseover previousyears. idence andthestate’s already lowest-in-the-nation turnout? ee dif oubling TO LOOKFOR V O f rn om.Ms ilcs alt h aewyi 04a n20,when an Mostwillcastballotsthesame way in2004as2000, erent forms. k k TING: imary V imary O , Hawaii isamongthefirst inthecountrytocomply withtheHelp America TING: One ofonly afew states in thecountrythatdeclinedfederal fundsfor ho State provisional voting rules require voters tobeinthecorrect polling , w . in State officials saidvoters accidentally castballotsforin bothparties e h-car v e,were reports ofnearly 10,000invalidated ballotsinthesame ver, alidating theirv k k d mac The statewillhave oneaccessibleDREvoting per machine Voting systems: V oting machines: Yes Yes No e Eligible for verification ifcastincorrect precinct. R DRE Optical scan, to6p.m. 7 a.m. 4 676,242 (November 2002) Yes Yes No e N/A -Election-Da R Optical scan, to8p.m. 8 a.m. 4 642,011 (May 2004) 71 equired ofallvoters. equir ie,Iaosvt ilb atetrl nppr though Idaho’s vote willbecastentirely onpaper, hines, xcuse required. xcuse r ed f otes. or thoser equir uc ad hand-countedpaperballots card, punch The 3.8percent increase intossedballotsisa How dothe state’s cards punch perform? Error rates increased sharply ontheoptical ed. y r eg eg ister istr ation. ing onElectionDa y . 70 35 State-By-State Findings | continued hines ied touch- tif ts of the mac | ELECTION REFORM 2004 ere discarded.ere for Reasons et par 73 ailed to g yne counties used uncer a State officials now indicate ballots cast now State officials W 72 e ballots cast w A number of counties will use new or use new of counties will A number State-By-State Findings ail-saf Henry and equired. y 6,000 f ible for verification if cast in correct jurisdiction. cast in correct if verification ible for ohnson, s election after ES&S f equired of all first-time voters who registered by mail and mail and by registered who voters of all first-time equired es Voting systems: Voting ficials. county will use optical scan and paper ballots. The Y 4,162,606 (June 2004) 4,162,606 (June 11 6 a.m. to 6 p.m. Optical scan, DRE, and lever punch card mail and do by register who voters of first-time Required with application. verification not provide precinct. if cast in correct verification for Eligible Excuse r Yes 7,137,954 (March 2004) 7,137,954 (March 21 6 a.m.p.m. to 7 Optical scan and punch card R with their application. verification did not provide Elig Excuse required. Yes Yes are provided by Election Systems & Software (ES&S).The & Software Election Systems by state provided are k al for voting system vendors to operate in Indiana without to operate system vendors voting al for wing voters an opportunity mistakes. to correct wing voters Suburban DuPage ember’ ember J v v h cards with optical-scan ballots. with h cards allo cent of the nearl hine softw Rules requiring voters to have excuses to cast absentee ballots are being to cast absentee ballots are excuses to have voters Rules requiring otes, Illinois opted for federal money to replace the system of punch cards still in the system of punch to replace cards money federal Illinois opted for Last No -v TING: 74 er k k O v y state election of VOTING: o’s Cook County, Cook o’s technology that ballot-rejecting have counters punch-card V ounty has also decided not to use their electronic machines. ounty has also decided not to use their electronic eplaced punc oting mac ies o VIEW ied b ion C hopping 93 per tif een v VER ounty r hallenged in court.hallenged decision alter the rules? Does a pre-election ejection included forms filled out incorrectly or provisional votes cast in the wrong polling cast in the wrong votes or provisional out incorrectly filled ejection included forms scr has since made it illeg certification. enhanced machines in November. on their use? trained and voters poll workers Are Absentee ballots: c POLLING PLACE HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: EARLY EX-FELON O will County Johnson machines by purchased voting of touch-screen A $2.4 million fleet not be used in this No THINGS TO LOOK FOR TO THINGS Indiana REGISTERED VOTERS: VOTES: ELECTORAL OVERVIEW Illinois REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: in the wrong precinct will be counted. precinct in the wrong to those with excuses policylimiting absentee voting the state’s appeal challenging A legal in mid-September. being heard was limit fraud. the rules say State officials County Cook up roadblocks.” “throwing Orr accused politicians of clerk David use in the state.will not occur until 2006; replacement Complete however, much of the state systems, voting to newer has moved punch existing cards. over or at least improvements In Chicag identif C revealed Chicago after data from program voting provisional the state’s questions dog Serious a w r Illinois law. under rejection for place – both grounds cer Mar 36

continued | State-By-State Findings ELECTION REFORM 2004| Poll workers: provisional ballotsendupdiscarded? adequately trained intheiruse? Are voters directed tothecorrect precinct? How many Have pollworkers been to beinthecorrect precinct tohave theirballotsconsidered. because the that mor Voter rolls: workers for ElectionDay andhave they received adequatetraining? therestaffed beenoughpoll by five representatives from ofthetwo each each parties.Will has914voting precincts issupposedtobe andeach for example, Marion County, workers. voting systems. Several countiesinIowa are from alsoswitching lever voting tooptical-scan machines mailing outtheballotsinlateSeptember. County auditors started is alsooneofthefirst toget absenteeballotsouttoitsvoters. THINGS TO LOOKFOR OVERVIEW EX-FELON EARLY VOTING: ABSENTEE VOTING: PR V VOTING SYSTEMS: POLLING PLA ELECTORAL VOTES: REGISTERED Iowa THINGS TO LOOKFOR polling placeactivities. Justice Department’s CivilRightsDivisionmonitored elections personnel from theU.S. During thestate’s May vote buyingfrom limitedEnglishspeakers were widespread. Democratic candidateRobert Allegations Pastrick of anarrow victoryover George Pabey. looking intoallegations ofabsenteevoter fraud inthe2003mayoral primary thatgave statepoliceandtheIndianaattorney general have spentmonths For thepastyear theFBI, the new technology? Are pollworkers andvoters trained ontheiruse? How willvoters incountiesthathave changed voting react machines to voting systems. ef State-By-State Findings O f O ect theNo TER ID: VISIONAL VOTING: e than40percent ofthe county’s 450,628voter registrations were inerror VOTING: V fe asmiigt eitrdvtr nMro ony officials learned After amassmailingtoregistered voters inMarion County, CE HOURS: y containedoutdatedaddresses. k O v Election officials across thestateare concernedover theshortage ofpoll TERS: . A stateknown for beingearly inthepresidential primary andcaucusseason 2 elections? 75 k k Provisional voting: W Voting machines: No Yes No excuse required. Elig not provide verification withapplication. R lever DRE, Optical scan, 7 a.m. 7 2,045,050 (September2004) ill theinaccurate listsinvite voter fraud? equir ible f ed off to 9p.m. or verification ifcastincorrect precinct. irst-time voters who register by mailanddo 76 State provisional voting rules require voters W A number of jurisdictions have replaced ill theincorrect andoutdatedvoter lists 37 State-By-State Findings | continued y clerks have aud and cause Man oter fr | ELECTION REFORM 2004 al election. irst-time voters to show ID. to show voters irst-time Are hance of v eder e all f This November will be the first time in will be the first November This equir ease the c State-By-State Findings ules r ugust 2004) .m. w r Ne to 6 p esult? xcuse required. ible for verification if cast in correct precinct. if cast in correct verification ible for e poll workers been adequately trained in their use? Are in their use? trained been adequately e poll workers v ovisional ballots: ovisional equired for all first-time voters. first-time all for equired 2,735,031 (A 8 6 a.m. DRE, scan and lever optical of all voters. Required Elig Excuse required. Yes No 1,591,428 (July 2004) 1,591,428 (July 6 7 a.m.p.m. to 7 Optical scan, DRE and hand-counted paper ballots R precinct. in correct if cast verification for Eligible No e Yes Yes Pr Ha s procedures? oter ID: 77 V k k Reports from around the state indicate a critical shortage of poll the state indicate a critical around from Reports e: visional ballots will be used in a f orkers trained in the state’s procedures? Is there an increase in the an increase Is there procedures? in the state’s trained orkers o tag New machines to meet the Help America Vote Act’s requirement for requirement Act’s Vote America machinesNew to meet the Help In September, to power more prosecutors Ernie Fletcher gave Governor visional ballots as a r TERS: o O k k CE HOURS: V ained in the state’ O LOOK FOR All voters are required to present some form of identification at the polls. of identification some form to present required are All voters Have er shor TO LOOK FOR TO T y that pr y tr k ork s and poll w essed concern that the mandate will incr ys at the polling places. OVISIONAL VOTING: OVISIONAL operl orkers for the November election. the November for orkers Does the workers? enough qualified Can localities find entuc umber of pr oll w xpr oter accessible systems by 2006 will wait until after the election. 2006 will wait accessible systems by be Identification will now voters, all first-time of required mandate limit that would of HAVA’s an expansion of identification mail and did not include a copy by to registered those only who verification with their application. reject ex-felon voter registration applications. registration voter ex-felon reject who all felons requires now governor The in and provide references character three to provide rights their voting to reinstate want to vote. should be allowed they why writing can restore the governor from an order Only rights.voting decision on whether Fletcher’s for waiting than 600 applicants are More will be restored. their rights THINGS Kentucky REGISTERED VOTES: ELECTORAL POLLING PLA SYSTEMS: VOTING ID: VOTER PR ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW THINGS Kansas REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW e dela K v voters directed to the correct precinct? How many provisional ballots end up discarded? provisional many How precinct? to the correct directed voters ID: Voter poll workers Are requirements? about identification informed been properly voters pr n P w of the election? the administration shortage affect 38

continued | State-By-State Findings ELECTION REFORM 2004| emplo Because ofthestate’ of StateFox McKeithen hasurged stateofficials toadoptauniform voting systemby 2006. Secretary Lever willstillbeinuseNovember machines incountiesacross thestate. machines. has $30millionto$50infederal money tospendreplace more antiquatedvoting O EX-FELON VOTING: EARL ABSENTEE PR VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Maine THINGS TO LOOKFOR r which combinedhave 58,134 commissioner reported that90precincts were affected, The state’s election prohibiting voters from castingtheirballots. showed uplate, During Orleans Parish localelectionsinSeptembervoting for machines 52pollingplaces OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Louisiana paper audittrail. Baldacci hasappr taken stepstoensure voting are machines delivered ontimefor theNovember vote? being disenfr Polling placeproblems: Are poll workers andvoters trained ontheiruse? anumber of jurisdictions have replaced voting systems. However, in mostofthestate. pr lik and otherfavors from vendors machines who didbusinesswiththestate. of ElectionsandR State-By-State Findings egistered voters. VER o O el vide thestatewithv VISIONAL y ar Y VIEW V y O ees ofhis esult ofthecon TING: V O k TING: k nhsdi e ren nSpebr Have stateandlocalelectionofficials inNewanchised OrleansinSeptember. V O fe elcn huad flvrvtn ahnssne20,thestatestill After replacing thousandsoflever voting since2002, machines TING: W o 79 gsrto,who isnow servingtimeinfederal prison for takingkickbacks egistration, v hile Mainedoesnotusean ed abillrequiring electronic voting toprovide machines avoter verified f ice toa Late-arriving voting mighthave machines ledtothousands ofvoters non lnt elc oigsses McKeithen warned s ongoing plantoreplace voting systems, viction ofJ k tn qimn nteftr.McKeithen’s decisionwas most oting equipmentinthefuture. v Voting machines: oid dir Yes Yes Excuse r Eligible for verification ifcastincorrect jurisdiction. R DRE andlever to8p.m. 6 a.m. 9 2,859,237 (September2004) v incarcerated felonsstate andfederal (both convictions) to Maineisoneofonly two statesthatallow Yes. Y No e N/A –ElectionDa not pr Required offirst-time voters who register by mailanddo Optical scanandhand-countedpaperballot Allpollscloseat8p.m. size ofthetown. dependingonthe and10a.m. Polls open between 6a.m. 4 957,485 (January 2004) es ote. equired ofallvoters ID). (photo xcuse r ef T ect contact with election machines vendorsect contactwithelectionmachines who may ovide verification withapplication. hose incar f r olr former commissioneroftheDepartment ery Fowler, equired. equir cer ed. Levercontinuewill to machines be in use y r y electr ated m eg istr ation. onic v ust vote by absentee ballot. tn ahns o.John Gov. oting machines, 78 39 State-By-State Findings | continued victed of A coalition of ime will have ime will have 81 | ELECTION REFORM 2004 amous cr egister by mail and do by egister ho has been con ho r s w oter or theft or inf An individual w st in the country post-2000 to adopt a ication with application. The state’s use of DRE’s continues to draw continues use of DRE’s state’s The ir if ender f st-time v State-By-State Findings Will the state be able to recruit enough poll enough state be able to recruit the Will f er ir 80 The effort to hire poll workers has been hindered poll workers to hire effort The y f vide v to 8 p.m. ed b o ovide verification with application. verification ovide st time of ible for verification if cast in correct precinct. if cast in correct verification ible for ir o or more such crimes must complete a three-year a three-year complete must such crimes o or more equir es tw their right to vote automatically restored upon completion restored automatically to vote their right of their sentence. R not pr Elig Excuse required. Yes Y A f their sentence. after the completion of period waiting 3,972, 651 (October 2002) 12 7 a.m. Optical scan, and hand-counted paper ballot lever 2,876,242 (June 2004) 2,876,242 (June 10 7 a.m.p.m. to 8 DRE mail and do by register who voters of first-time Required not pr jurisdiction. if cast in correct verification for Eligible Excuse required. No No as among the f Voting machines: Voting Poll workers: Poll k k ASE: AB Maryland w T A k TING: TING: CE HOURS: O O V V TION D VIEW Y VOTING: TER ID: OVISIONAL VOTING: OVISIONAL VER O oting machine opponents filed suit against the state asking that the Diebold machines the oting machine suit against filed opponents by changing demographics, changing by of equal number an that requires and a state law pay low poll workers. and Republican Democratic workers? Will the state change the mandate requiring an equal amount of Democratic and an equal amount of Democratic the mandate requiring the state change Will workers? at each station? polling poll workers Republican fire from opponents.Will from fire with touch-screen of past problems a repeat the state experience systems? in e-voting confidence voter increase vote a successful Will systems? voting Massachusetts REGISTERED VOTERS: VOTES: ELECTORAL POLLING PLA SYSTEMS: VOTING V PR ABSENTEE VOTING: VOTING: EARLY EX-FELON THINGS TO LOOK FOR TO THINGS VOTING SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: REGISTRA EARL EX-FELON O THINGS TO LOOK FOR LOOK FOR TO THINGS Maryland REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE v a paper trail. that the machines be equipped to provide or require either be scrapped The dismissed. case was statewide system of touch-screen voting. system of touch-screen statewide John DREs conducted by of A report critical and accuracy the security debate over the state in an ongoing has kept Hopkins University machines. voting of electronic with the and decided to stay state launched a study The system. voting electronic In September, major to make election officials to force Appeals refused of the State Court system. voting electronic to the $55 million statewide upgrades security 40

continued | State-By-State Findings ELECTION REFORM 2004| dr Absentee ballots: voters trained ontheuseofnew voting systems? and pr the pollsdur 1,488 pollingplacesfailed tomeetaccessibilityregulations. 60percent ofthestate’s According toasurvey by Office theMassachusetts onDisability, statewide voter registration database. percent ofthemoney togo toward voting and10percent machines toupgrade its thestate’s plancallsfor only 15 However, given specific figures yet onitsHAVA budget. continuesMassachusetts tolagbehindotherstatesinHAVA statehasnot compliance.The THINGS TO LOOKFOR statewide by 2006. are required tobeinplace already inuseabouttwo-thirds ofthestate’s 5,305precincts, opticalscanners, While thestatehasbeenslow toadopt touch-screen voting machines, OVERVIEW EX-FELON VOTING: EARL ABSENTEE PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED Michigan THINGS TO LOOKFOR butthestatehasnever granted one. extension, Communities canapply for an 2004. meet accessibilitystandards issetfor November 2, OVERVIEW continue with electionreforms. to $28million, thestatereceived itsfirst federal funds, andin August, approved untilJune, Michigan’s HAVA planwasn’t Jennifer Granholm andthestateGOP. Democratic Gov. o issues. Poll workers: state’s procedures? Are pollworkers properly trained inthe application willneedtoshow IDatthepolls. Voter ID: communities thatdonotmeetthestate’s standards by November 2? November election? Will communities seekwaivers? What willhappentothe counting ofabsenteeballots? State-By-State Findings ver thelateapproval ofthestate’s electionreform bickering billafterpartisan between opped electionsinDetr Y VOTING: beswt auaigvtsocre nsvrlcute.Are pollworkers and oblems withtabulatingvotes occurred inseveral counties. Does thestateha V First-time voters who registered by mailanddidnotprovide verification with OTING: VOTERS: k Boston’s 2003municipal electionswere controversial becauseofunderstaffing ing thestate’ k Over thepastyear electionofficials andstatelegislators expressed concern Although the state decertified the use of punch cards theuseofpunch in1998, Although thestatedecertified Allegations ofmishandled absenteeballotscastby seniorcitizens have k k v e enoughpollw oit f s Poling placeaccessibility: Voting machines: A gs lcin altsotgs voting glitches machines Ballotshortages, ugust 3election. Yes No Excuse r Eligible for verification ifcastincorrect precinct. not provide verification withapplication. Required offirst-time voters who register by mailanddo paper ballots lever andhand-counted card, punch DRE, Optical scan, to8p.m. 7 a.m. 17 6,797,293 (2004) or mor 84 equir e thanadecade. ork ed. ers for theNovember 2election? Voters experienced anumber ofobstaclesat 83 Will pollingsitesbeaccessiblefor the Ha ve new rules been setfor the 82 The deadlinefor thestateto 41 State-By-State Findings | continued or ements f or November’s equir er the r v | ELECTION REFORM 2004 86 Has the state worked out glitches Has the state worked Troubles with the system occurred Troubles w will be in place f 85 The state government’s decision to state government’s The ver voter ID provisions, voter ver yielding finally w la ants was hailed as a success by the Justice hailed as a success by ants was y registration. istr he ne State-By-State Findings ought o eg T 87 ation issue in the state is o ovide verification with application. verification ovide ailed bills. Voter identification: Voter equired of first-time voters who register by mail and do by register who voters of first-time equired 1,731,852 (April 2004) 1,731,852 (April 6 7 a.m. to 7 p.m. Optical scan, DRE, and lever punch card mail and do by register who voters of first-time Required not pr precinct. if cast in correct verification for Eligible Excuse required. No No 2,876,891 (January 2004) 2,876,891 (January 10 7 a.m.p.m. to 8 paper ballots Optical scan and hand-counted R with application. verification not provide N/A – Election Da Excuse required. Yes Yes st-time mail-in r Voter registration database: registration Voter k ir k he House and Senate f or all f T s primary election when some voters were absent from the rolls and the rolls absent from were voters some election when s primary This state’s election system is one of local control with no state election system is one of local control state’s This State law prohibits the use of solely electronic voting systems, voting electronic the use of solely prohibits State law so voters il.The legislation, compromise to some lawmakers by short of a goal fell which ation database? pr k k A oter ID f istr ication. OTES: ill poll workers be able to identify those voters who are required to provide ID? to provide required are who be able to identify those voters ill poll workers V eg istration groups who have regarded the changes as worthwhile but too ambitious as worthwhile the changes regarded have who groups istration W eg tment after months of f ORAL ing the state’ islation in he most contentious election administr oter r oter identif egistration database that has caused concern among election officials, database egistration and legislators Depar election. become a major post-election issue? ID practices accusations voter Will of unfair implement v with the r cast ballots on systems that only use paper ballots that can be marked, use paper ballots cast ballots on systems that only though some are counted.electronically voter implemented a $4 million statewide state recently The r v race. contested presidential with such a hotly in a year T LOOK FOR TO THINGS REGISTERED VOTERS: ELECT HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW OVERVIEW LOOK FOR TO THINGS Mississippi Minnesota Minnesota REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: dur at the polls. to register forced were others certification of voting machines and no statewide database.certification machines and no statewide of voting has been state legislature The counties to Jackson. from control administrative that shift any hesitant to back measures election. November’s in time for little has changed As a result in discrepancies large are that there machines found on voting focusing study A statewide counted. of ballots of ballots cast and the number the number v leg ID, to show all voters require mandated that all first-time, ID. provide mail-in registrants session. next at the legislature’s to continue likely ID appears voter debate over The 42

continued | State-By-State Findings ELECTION REFORM 2004| elections? how willthosedecisionseffect the decisionsbemadebeforecourt theelection? And ifso, Litigation: cardspunch toidentifypotentialballot-spoilingerrors? Voter Education: Are pollworkers properly trained inthestate’sshow procedures? ID. partisan disagreements. partisan Numerous lawsuits filed against Secretary ofStateMattBlunt(R)have beentheresult of created uniform vote-counting andrecounting standards. In thepastf do notincludev provision inHAVA thatrequires allfirst-time voters who register by mailtoshow IDifthey r but acr to beclosed. LouisCityaftertherest ofthestate’s pollswere required to keep pollingplacesopeninSt. andalast-minute attempt 2000 includedallegations ofelectionfraud anddoublevoting, EX-FELON EARL ABSENTEE VOTING: PR V V POLLING PLA ELECT REGISTERED VOTERS: Montana THINGS TO LOOKFOR OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING MACHINES: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Missouri V How willbothsystemsperform inthisbattleground state? and lever machines. cast inthecorrect precinct –ispending. of Blunt’s positiononprovisional voting –which limitsconsideration ofonly thoseballots in acour While Blunt’s office prevailed early voting andmilitarye-mailballots. provisional ballots, State-By-State Findings equir oter Identification: O O OVISIONAL VOTING: TER ID: TING SY Y ORAL e allv V O s h onr.H ucee nbt ons The statehasadoptedlaws that Hesucceededonbothcounts. oss thecountry. TING: t challenge of its position to not allow early voting in St. Louis, a court challenge acourt Louis, t challenge ofitspositiontonotallow early voting inSt. V STEMS: V What willbethe outcomeoflawsuits recently filed against thestate? Will any O CE HOURS: O k u er,thestatehasalsoenactedrequirements for provisional ballotsand our years, TING: 88 oters toprovide IDbefore they vote andsuccessfully lobbiedfor anID TES: e.KtBn,RM. pushedfor anti-fraud provisions notonly in thestate R-Mo., KitBond, Sen. hl vrhdwdb lrd,Missouri’s widespread electiontroubles in While overshadowed by Florida, er Has thestatecreated avoter educationprogram tohelpvoters using ification oftheiridentitywithapplication. According tostaterules passedin2002everyone inthestatemust k 89 The continue tosparover parties theuseofabsenteevoting, Voting machines: Yes No Excuse r Eligible for verification ifcastincorrect precinct. R card punch andlever machines Optical scan, to7p.m. 6 a.m. 11 3,511,894 (August 2004) Y Y No excuse required. Elig R Optical scan, MT. CST–8p.m. Close 7p.m. Open 7a.m. 3 2004) 624,548 (November, es es equired ofallvoters. equir ible for verification ifcastin correct precinct. ed ofallv equired. 90 o1 ..(Dependingonsize ofjurisdiction). to 12p.m. punc Missouri voters willcontinue tousepunch-card oter h car s. d andhand-countedpaperballots 43 State-By-State Findings | continued 91 | ELECTION REFORM 2004 State-By-State Findings New measures to consolidate polls have been have to consolidate polls measures New -verified paper audit trail (VVPAT) – the only (VVPAT) paper audit trail -verified irst-time voters who register by mail and do by register who voters irst-time oter First-time voters who registered by mail and did not by registered who voters First-time Most visibly, the state has implemented a statewide to 8 p.m. ed of f . , population resides, of Nevada’s in which 70 percent has ible for verification if cast in correct precinct only. precinct if cast in correct verification ible for equir es Optical scan R application. with verification not provide Elig required. No excuse Y No 2004) 945,981 (August 5 7 a.m. to 7 p.m. attached DRE with printer mail and do by register who voters of first-time Required with application. verification not provide only. precinct if cast in correct verification for Eligible required. No excuse Yes after can vote felons nonviolent first-time Only completing their sentence. 1,087,842 (May 2004) 1,087,842 (May 5 8 a.m. ember Polling places: Polling v ounty Voter ID: Voter k k Advantage DREs without a VVPAT for over 10 years, over for replace and won’t VVPAT DREs without a Advantage C Clark C The state requires all voters to provide some form of identification at identification of some form to provide voters all requires state The V . Will new voter ID rules increase the number of provisional ballots? of provisional the number increase ID rules voter new Will A Montana lawmakers recently approved a law requiring all voters to show all voters requiring a law approved recently Montana lawmakers A crucial battleground state, battleground A crucial when changes significant find voters Nevada or this election. ounty k k CE HOURS: oting system that has a v STEMS: OTING: o to the polls this No V onic v Y y g TING SY TER ID: OVISIONAL VOTING: OVISIONAL ovide verification with their applications will be required to show ID at the polls. to show with their applications will be required verification ovide Are O O xcept Clark C all of them until 2006. However,AVC will cast ballots on the in Clark County voters all early will be at least one per polling place. there and on Election Day VVPAT machines with a Edge been using Sequoia state to do so f VeriVote machines with equipped (DRE) voting Electronic Recording Direct Edge AVC Sequoia and Election Day voting early will be used in all counties for VVPAT a which provide printers e electr the PROVISIONAL VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW THINGS TO LOOK FOR TO THINGS Nevada REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER put into place because of that state’s small and widely-scattered population. small and widely-scattered of that state’s put into place because the Will voters? confusion among create consolidation of the polls voting: Provisional Identification: Voter the polls. procedures? in the state’s trained properly poll workers Are Nebraska REGISTERED VOTERS: VOTES: ELECTORAL POLLING PLA V V PR ABSENTEE VOTING: EARL EX-FELON VOTING: OVERVIEW LOOK FOR TO THINGS pr procedures? in the state’s trained and poll workers voters ID before they cast ballots at the polls. cast ballots at they ID before time, Since that made a have they say officials the polls to identification proper to bring of the need citizens concerted inform to effort this November.

44

continued | State-By-State Findings ELECTION REFORM 2004| trained inthestate’s procedures? Are voters andpollworkers their applicationswillberequired toshow IDatthepolls. Voter ID: Will acloserace causesomeinthestatetochallenge theuseofoldervoting technology? requirements for perpollingplacebeingaccessibletovoters onemachine with disabilities. prohibiting theuseofelectronic voting by machines 2006inorder tocomply withHAVA THINGS TO LOOKFOR a voter verified papertrail for allDREmachines. put thestatewell aheadofthecomputerscientistsandacademicswho are now callingfor to abanofpaperlesselectronic voting by requiring apaperrecord ofevery ballotcast.This A negative experience inthemid-1990sledtowhat withtouch-screen machines amounts OVERVIEW EX-FELON VOTING: EARL ABSENTEE VOTING: PR V VOTING SYSTEMS: POLLING PLA ELECT REGISTERED New Hampshire THINGS TO LOOKFOR there were stories ofvoters who wanted towalk away withtheirprinted ballots. although The stateintroducedinitsSeptemberprimary thistechnology withfew complaints, statewide electionsare recounted every year. The statehasdealtwithmany recounts oflocalraces –about25percent of a closerace. Are voters directed tothecorrect precinct? How many provisional ballotsendupdiscarded? Have poll workers beenadequately trained intheiruse? potentially disenfranchise voters. The ACLU ofNevada isconcernedthatstaterules could have theirballotsconsidered. Provisional voting: state’s procedures? Are voters andpollworkers trained inthe applications willberequired toshow IDatthepolls. Voter ID: November election?How would astatewide recount witha VVPAT behandled? willpollworkers andvoters beready for thehigherturnout in theSeptemberprimary, State-By-State Findings OTER ID: O VISIONAL Y VOTING: ORAL First-time voters who registered by mailanddidnotprovide verification withtheir First-time voters who registered by mailanddidnotprovide verification with V VOTERS: CE HOURS: O k VOTING: TES: Existing staterules clearly define how toconductarecount intheevent of State provisional voting rules require voters beinthecorrect precinct to k k Voting machines: 714,119 (J Yes No Excuse required. N/A –Election-Da not provide verification withapplication. R hand-countedpaperballots Optical scan, 7 a.m. 4 Voting machines: equired offirst-time voters who register by mailanddo to 7p anuary 2004) .m. While new voting hadfew machines problems 92 y r The statewillhave tochange itsrules eg istration 45 State-By-State Findings | continued w 95 Ne ect. eptical e sk ar as incorr t w epor | ELECTION REFORM 2004 found that in the 2000 found ie Espinoza, aler V hase any machineshase any without a paper c icials said the r f e expanded identification requirements identification expanded e v ounty Clerk A number of jurisdictions have replaced have of jurisdictions A number e C State of ant to pur The Washington Washington Post The State-By-State Findings 94 ould ha otes. 93 etoed a bill because he said it went beyond what HAVA what beyond etoed a bill because he said it went e that w ible for verification if cast in correct precinct. cast in correct if verification ible for veral legislators who felt the law did not go far enough in far did not go the law felt who legislators veral oting machines: equired of first-time voters who register by mail and do by register who voters of first-time equired y 366 v y v s who registered at registration drives. at registration registered s who said they Republicans 1,022,487 (September 2004) 5 7 a.m. to 7 p.m. Optical scan and DRE mail and do by register who voters of first-time Required with application. verification not provide jurisdiction. if cast in correct verification for Eligible required. No excuse Yes Yes 4,624,004 (June 2004) 4,624,004 (June 15 6 a.m.p.m. to 8 machines DRE and lever R with application. verification not provide Elig Excuse required. No Yes V hang k oter y c xico b otests of se w Me including incoming Sante F xico Espinoza said she does not w y conditionall An August investigation by by investigation August An Several counties have recently moved to paperless DRE voting machines to paperless DRE voting moved recently counties have Several e irst attempt to pass a bill putting the state in compliance with HAVA. attempt to pass a bill putting the state in compliance irst Gov. v on Ne er 100,000 v OTERS: k k st-time voters who registered by mail and did not provide verification with verification did not provide mail and by registered who st-time voters ee v er the pr w ID – a polic V eens. ir Me v F or voter identification.or voter failed. bill eventually entire The signed this bill was A new e w TO LOOK FOR TO , on ...voting been have voters Mexico “New years.” 15 machines for electronic h scr w Gor ed f but o ORAL VOTES: . hines in Rio Arriba County never had their votes counted because of a programming had their votes never County Arriba hines in Rio , e concerned about potential fraud after reports of suspect registration forms in forms of suspect registration after reports e concerned about potential fraud or er ail. Denise Lamb backs the paperless DRE machines, Elections director telling the oter ID: he legislature and governor also debated voter identification provisions for several for provisions identification debated voter also and governor he legislature ear oter identification requirements. oter identification equir ames McGr Some in the state, of touc and some in the state are concerned about the lack concerned of a paper trail. and some in the state are T months in the f J v EARLY VOTING: EARLY EX-FELON VOTING: OVERVIEW Mexican with a county did not register who voters all first-time sued to require State Republicans clerk to sho Ne REGISTERED ELECT HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: to include o OVERVIEW THINGS New Jersey REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: Bernalillo County, registered. successfully a 13-year-old including a case where A judge presidential election,presidential voting on touch-screen cast their ballots early who 678 voters mac err tr their applications will be required to show ID at the polls. to show their applications will be required and poll workers voters Are procedures? in the state’s trained voting systems.voting on their use? trained voters and poll workers Are V r y w

46

continued | State-By-State Findings ELECTION REFORM 2004| elections office. not inclusiv America Democrats chargedVote thatthemake upoftheteam towrite theplanwas Act. Pr controversies over accusationsofvoter fraud causepost-electionproblems? will acloseelectionbequestionedover how theIDrules are implemented? Will Voter ID: voting thatare machines inusemany ofthestate’s counties? THINGS TO LOOKFOR know which voters toaskfor IDorwhat typesofIDwould beallowed. The survey ofthecountiesfound thatmany didnot implement thenew voter IDrules. Justice found thatmany countiesinthestatemightnotbeadequately prepared to Two surveys by theNew York PublicInterest Research Group andtheBrennan Center for rid ofthemby 2006. everyvirtually voter inthestateeven thoughthestatehasacceptedfederal money tobe –singledoutformachines optionalreplacement by Congress –willstillbeusedby Lever The statelegislature isstillnegotiating acompletebilltocomply withHAVA. The situationhardly improved inthetwo years since. OVERVIEW EX-FELON VOTING: EARL ABSENTEE VOTING: PR VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: New York THINGS TO LOOKFOR changes thatcoulddisrupt theelection. sayingruled itwas infavor toolatetomake ofthestate’s current interpretation ofthelaw, 4piay different countiesasked for different typesofID. 14 primary, implemented indif Voter ID: rate thanothervoting systems? will somequestiontheuseofoldervoting thatsome say technology hasahighererror Evenuse inNew thoughthepresidential race isnotexpected tobecloseinthestate, York. State-By-State Findings oblems star O VISIONAL Y V O TING: With Republicans andDemocrats atoddsover who shouldshow IDatthepolls, With groups already onthelookoutfor thevarying ways voter IDrules are e andthattheplandidnotreceive inputfrom many peopleoutsideofthe k VOTING: ted withpar 97 Activists intheEmpire Statesay officials stumbledonelectionreform. f er ent counties, k k tisan bickering over theplanningprocess toimplementtheHelp Voting machines: Voting machines: Elig not pr Required offirst-time voters who register by mailanddo Lever (DREinonetown) machines to9p.m. 6 a.m. 31 460(March 2004) 11,075, Yes No Excuse required. ible f will thesegr o vide v or v 96 erification ifcastincorrect precinct. er if Will voters have confidence intouch-screen Almost 20,000lever voting are machines in ication withapplication. oups cryf oul intheNovember election? 99 98 For theSeptember 47 State-By-State Findings | continued esults on 102 | ELECTION REFORM 2004 or the voter can sign an affidavit or the voter will some question the r , umber of jurisdictions have replaced have umber of jurisdictions oter 100 hines, e population 481,351. A n With questions nationwide and within the questions nationwide and With State-By-State Findings .m. oting ag hines: oter registration. oting mac to 7 p ovide verification with application. verification ovide onic v or the ID of the v 101 h f oting mac es? No voter registration – registration No voter estimated v 3 7 a.m. Optical scan and hand-counted paper ballots of all voters. Required N/A – no v required. No excuse Yes Yes 5,231,537 (September 2004) 5,231,537 (September 15 6:30 a.m. 7:30 p.m. to Optical scan, DRE, punch card, lever, hand-counted paper ballot and do mail by register who voters of first-time Required not pr jurisdiction. in correct if cast verification for Eligible required. No excuse Yes Yes V Voting machines: Voting ouc er 400 early ballots were lost due to a software problem on the problem lost due to a software ballots were er 400 early hines. v k k o 103 ocedur . er can v s pr eliability of electr ork Several groups in the state have expressed concerns about electronic expressed in the state have groups Several oting mac The only state with no voter registration – and therefore exempt from the from exempt – and therefore registration state with no voter only The k k CE HOURS: O LOOK FOR hines? First-time voters who registered by mail and did not provide verification with verification mail and did not provide by registered who voters First-time ounty in 2002, T A poll w s ES&S v e C ak oters in the state must now present identification at the polls before voting. at the polls before identification present now the state must in oters state The hines until federal standards have been issued. have standards hines until federal tifying their identity W OVISIONAL VOTING: OVISIONAL ained in the state’ oter ID: oting systems. on their use? trained and voters poll workers Are these mac federal requirement for a statewide voter registration database, registration voter a statewide for requirement federal out rolled North Dakota ID. about voter rules machines and new voting both new In January, maker with voting-machine the state signed a $5.3 million dollar contract machines. counties with optical-scan voting to supply & Software Election Systems The the system in June. machines replaced voting last county using punch card All v two ID have without proper – that voters will be turned away voter that no eligible says options: THINGS REGISTERED VOTERS: VOTES: ELECTORAL POLLING PLA SYSTEMS: VOTING ID: VOTER PR ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW EX-FELON VOTING: OVERVIEW In LOOK FOR TO THINGS North Dakota North Carolina REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY county’ voting machines,voting e-voting counties to buy new allowing delay and the state decided to mac state about the r their applications will be required to show ID at the polls. to show their applications will be required and poll workers voters Are tr v V cer 48

continued | State-By-State Findings ELECTION REFORM 2004| a Florida-like calamity.” “possibility ofacloseelectionwithpunc The Secretary ofStatehaseven saidthe, caused thecontroversy inFlorida in2000. T VVP Alaw was alsosignedrequiring must beequippedwitha thatallDREmachines place). v the mac reliability andacontentiousprocess ofthemachines ofselectingcompaniestoproduce afterseveral studiesquestionedthe However, voting across thestateby November. THINGS TO LOOKFOR OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Ohio pr stillhasquestionsaboutcountingprovisional ballotsthatare castinthewrong states, like many other AndOhio, Cuyahoga County were incorrectly asked toshow voter ID. somevoters in IntheMarch primary, The statealsofaces otherpotential problems. toolatetohave animpactonthisyear’s election. until November 1, punc pr reports thestatewould softentheprovisional ballotrules relating tovoting inthecorrect This comesafterthere hadbeen address andappeartobevoting inthecorrect precinct. Provisional voting: the state’s procedures? Will problems emerge asthey didintheprimary election? Are voters and pollworkers trained in applications willberequired toshow IDatthepolls. Voter ID: questions ofthereliability ofpunch-card voting machines? polls andinthevote-counting process? Will thisleadtoconfusionatthe cast provisional ballotsandhave theirvotes counted. State-By-State Findings oting mac he majority of Ohiocountieswillbeusingtheinfamous punch-cardthat machines ecinct. ecinct. A ad ntegonste r nueulsse fvtn.The trial was delayed h cards onthegrounds they are anunequalsystemofvoting. T by2006. ie,thestateprohibited any countyfrom going forward withrolling outnew e- hines, 105 First-time voters who registered by mailanddidnotprovide verification withtheir codn oBakel theballotswillonly beissuedtovoters who give their According toBlackwell, hines f k Secretary ofStateKenneth Blackwell hopedtoimplementelectronic rti al (There are sixcountiesthatalready have in DREmachines or thisfall. The stateappears tohave reversed adecisiononwho willbeallowed to 104 k The ACLU andothers have suedthestatetodiscontinue useof Voting machines: Yes. No. Excuse required. Elig not provide verification withapplication. R card punch andlever DRE, Optical scan, to7:30p.m. 6:30 a.m. 20 7,204,856 (March 2004) equired offirst-time voters who register by mailanddo ible for verification ifcastincorrect precinct. h car ds asthestate’ Will acloseelectionbring lawsuits over s primary voting device invites 49 State-By-State Findings | continued | ELECTION REFORM 2004 106 While many people point to the potential for many While State-By-State Findings ery close race, some ballots be challenged? will erification with application. erification orkers been adequately trained in their use? Are in their use? trained been adequately orkers First-time voters who registered by mail and did not by registered who voters First-time vide v o e poll w ible for verification if cast in correct precinct only. precinct cast in correct if verification ible for v y to be a v el equired of first-time voters who register by mail and do by register who voters of first-time equired es Ha 1,885,917 (June 2004) 1,885,917 (June 7 N/A – all mail-in voting. Optical scan to count mail-in ballots mail and do by register who voters of first-time Required not pr jurisdiction. if cast in correct verification for Eligible - all mail-in voting. required No excuse All mail-in voting Y 1,938,377 (January 2004) 1,938,377 (January 7 7 a.m.p.m. to 7 Optical scan R with application. verification not provide Elig required. No excuse Yes Yes oting machines: Voter ID: Voter V ed. on lik k k eg State provisional voting rules require voters be in the correct precinct to precinct be in the correct voters require rules voting provisional State ith Or Oregon is the only state in the nation that uses all mail-in voting. is the only Oregon Officials W k STEMS: VOTING: ected to the correct precinct? How many provisional ballots end up discarded? provisional many How precinct? ected to the correct TO LOOK FOR TO y mail. ORAL VOTES: s dir e their ballots consider TING SY v ovisional voting: ovisional O oting b oter When Oregon does purchase HAVA mandated accessible voting machines, mandated accessible voting HAVA does purchase Oregon When will be they hand. by be conducted must all recounts says because state law a paper trail to have required THINGS POLLING PLACE HOURS: POLLING PLACE V ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON OVERVIEW THINGS TO LOOK FOR TO THINGS Oregon REGISTERED VOTERS: ELECT Oklahoma REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: fraud on touch-screen voting machines, voting on touch-screen fraud with concerned about potential fraud some are v provide verification with their applications will be required to show ID at the polls. to show required with their applications will be verification provide Are procedures? in the state’s trained and poll workers voters Pr ha v are proud of the system,proud are security turnout and avoid voter it has helped increase saying machines. voting electronic issues that face Some Republicans, however, to fraud. system is vulnerable the all mail-in voting say They Election Day, before days concerns that ballots can be opened up to seven voiced have them open to tampering.leaving disagrees, of State Bill Bradbury Secretary the saying in the United States. system is one of the most fraud-free 50

continued | State-By-State Findings ELECTION REFORM 2004| to jointhene September butin wanted tomove alltowns andcitiestothedatabasefor theNovember election, T mean thatpeoplewho have beenvoting inonetown for years willnow needtovote inanother. This could cityortown. district, thousands ofvoters who were registered inthewrong ward, e pr willthisleadtoany confusionor joining thenew statewide registration database, THINGS A r OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLA ELECT REGISTERED VOTERS: Rhode Island THINGS Unlik pr SURE haspr Somehave complainedthat oftheStatewideare Uniform part Registry ofElectors (SURE). Fifty-six ofthestate’s 67counties problems rolling outitsstatewide registration database. OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Pennsylvania than only certain first-timethan only certain voters asisthecaseinmany states? V the SUREsystemexperience problems leadingupto oronElectionDay? P method ofr State-By-State Findings x-felons voting. ennsylv esaucue oepolm tteplsi h etme rmr.Initially thestate he snafucausedsomeproblems atthepollsinSeptemberprimary. oter ID: ecincts. oblems atthepolls? ecent r e man ORAL ania willr TO LOOKFOR TO LOOKFOR W 107 epor VOTES: , ill askingallf Secr CE HOURS: oblems such asduplicatevoteroblems such registrations andaninabilitytodealwithsplit egistration. y statesw k k w state t alsoquestionedw n ftems rzdbtlgon tts Pennsylvania hasfaced some One ofthemostprized battleground states, etary ofStateMattBr Officials creating anew statewide voter registration databasediscovered 109 equir wide r hich askfirst-timehich voters who register by mailtoshow ID, e allf k irst-time voters toshow IDbeeasierfor pollworkers tohandle k eg V V oter registration database: Yes No Excuse required. Elig Required ofallfirst-time voters. hand-counted paperballots lever and card, punch DRE, Optical scan, to8p.m. 7 a.m. 21 7,634,577 (April 2004) Yes No Excuse required. Eligible for verification ifcastincorrect jurisdiction. not provide verification withapplication. Required offirst-time voters who register by mailanddo Optical scan 7-9 a.m. 4 639,459 (March 2004) istry ir oter registration database: st-time v ible for verification ifcastincorrect jurisdiction. . hat they deemedoverly restrictive statelaws regarding 108 o to 9p.m. wn decidedthestatewillnotf tr oso Da h ol,regardless oftheir oters toshow IDatthepolls, Will any countiesorprecincts on With amixofcitiesandtowns or ce an y jur isdiction 51 State-By-State Findings | continued irm to ainst a 112 Ultimately, 110 act to a local f ends his seat ag | ELECTION REFORM 2004 While the law requires photo requires the law While olina’s voter education efforts education voter olina’s hle def 115 114 eep punch cards instead.eep punch cards know “We 111 om Dasc T ill South Car ded a $4 million contr W State-By-State Findings ar opting to k w idavit if they do not have identification. do not have if they idavit Daschle f ity Leader ade, equired. equired of all voters. equired es the state a 518,175 (May 2004) 518,175 (May 3 7 a.m. to 7 p.m. Optical scan, hand-counted paper ballot of all voters. Required precinct. if cast in correct verification for Eligible required. No excuse Y Yes 2,145,918 (April 2004) 2,145,918 (April 8 7 a.m.p.m. to 7 Optical scan, DRE, punch card R precinct. in correct if cast verification for Eligible Excuse r No Yes oter education: hedule demonstrations in advance of this fall’s vote. of this fall’s in advance hedule demonstrations h, V k equiring voter ID was controversial in its first major roll out during major roll in its first controversial ID was voter equiring s to sign an af South Carolina has the oldest existing statewide voter database in database voter statewide has the oldest existing South Carolina w r oter y U.S. Rep.Thune. John Will Sumter County experience some of the problems observers have observers of the problems some experience Sumter County Will oting Rights Project to monitor the issue. oting Rights Project V The road to new election technology hit several bumps in the Palmetto bumps election technology hit several to new road The More national attention than usual will likely be on the Mount Rushmore national attention than usual will likely More e b ember as Senate Minor ws v verywhere in the state on Election Day. verywhere v 113 wn k k hines: tisements and sc ugust to postpone the upgr O LOOK FOR er y-passed la T A halleng ected voters on Election Day? ected voters une primary, turned were that they alleged precincts American in Native as voters Y VOTING: it also allo ecentl ong c w to use punch cards. at it,” good very Election We’re of the county’s Rogers said Carol , oting mac oted in ormed his o however, ES&S prevailed and as a result the company’s iVotronic voting machines will be voting however, iVotronic the company’s and as a result ES&S prevailed used almost e State this No str A r place adv POLLING PLACE HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: EARL EX-FELON VOTING: OVERVIEW South Dakota REGISTERED VOTERS: VOTES: ELECTORAL In anticipation of the switc technology is Sumter County, with new forward One county that is not moving which v THINGS South Carolina South REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: VOTING: EARLY EX-FELON VOTING: OVERVIEW prevent or reduce some of the problems other states have experienced when switching to when experienced other states have some of the problems or reduce prevent machines?touch-screen V technology, with punch-card come to expect optimism justified? or is the county’s database: Registration the country. and/or voting the incidence of provisional this database reduce Will misdir ID State, was & Software to Election Systems contract of a voting award first as the state’s UniLect. Palmetto manufacturer home-state by after a protest voided the J lacking photo identification. the election for during away ho Commission. f 52

continued | State-By-State Findings ELECTION REFORM 2004| wr Henry Cuellarw Democr r v willfailure toupdate in Davidson County beaproblem onElectionDay? More specifically, to mailballotsoverseas voters. supervisor Mic asDavidson County (Nashville) There were somelocalfireworks earlierthisyear, Election Day 2004. areas beanissueagain inNovember? willallegations ofselective enforcement inNative American ID law? More specifically, with theU have ballotmaterials provided intheirnative tongueafterthecountysignedasettlement Vietnamese-speaking voters in Harris County (Houston)willnow Elsewhere inthe state, OVERVIEW EX-FELON VOTING: EARL ABSENTEE PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Texas THINGS TO LOOKFOR absence ofaf OVERVIEW EX-FELON EARLY VOTING: ABSENTEE PR VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Tennessee THINGS TO LOOKFOR the law. theStateBoard ofElectionapproved new signsatallpollingplacesclarifying In August, R State-By-State Findings equir oter odriguez. OVISIONAL VOTING: ong precinct? Y VOTING: ’records result inalarge number ofinvalid provisional ballotscastby voters inthe s’ ed v atic pr 116 V V V oter address verification process for nearly adecade. 119 .S. O O O k k TING: TING: TING: Depar imary f hael McDonaldwas removed inJuly afterhisoffice failed tomeetadeadline a ense illkl pn lcinDyoto h ptih,thankstothe Tennessee willlikely spendElectionDay outofthespotlight, The state’s biggest electionstoryof theyear was thebitterly-contested v orite sononthe nationalticket aswell asarelatively quietrun-up to on afterar tment ofJ or the28thC k k Voter ID: Registration database: ecount g V Yes Excuse r Elig Required ofallvoters. lever card, punch DRE, Optical scan, Central. Eastern/7p.m. polls close8p.m. Opening varies by jurisdiction – 11 3,118,316 (June 2003) Yes Y Excuse r Eligible for verification ifcastincorrect precinct. not provide verification withapplication. Required offirst-time voters who register by mailanddo hand-counted paperballots lever and card, punch DRE, Optical scan, to7p.m. 7 a.m. 34 12,264,663 (March 2004) convicted ofviolentcrimes. ustice. es ar ies b ible for verification ifcastincorrect precinct. 117 ongr Will thenew signsalleviate confusionover thestate’s 120 y dateofcon equir equir McDonald was alsofaulted for notconductingthe a ve hima203-vote victoryover incumbentCiro essional Distr ed. ed. Will thelarge number ofinactive voters viction –g c,which former Secretary ofState ict, enerally excludes individuals 118 53 State-By-State Findings | continued 122 125 “unsophisticated … | ELECTION REFORM 2004 personnel in “hostile fire in personnel hose w am, gr o ue to use punch cards this November. ue to use punch cards vails plaguing other states,vails Utah officials Will Utah’s decision to forego immediate decision to forego Utah’s Will a ed. Will electronic voting controversies surface? controversies voting electronic Will Under the pr State-By-State Findings o states in the nation (Maine is the other) that 123 equir een tr hines: s will contin y tw h scr oter xcuse r equired of first-time voters who register by mail and do by register who voters of first-time equired es es es oting mac Y 2004) 401,238 (March 3 - 7-10 a.m. jurisdiction by Varies to 7 p.m. Optical scan, hand-counted paper ballot mail and do by register who voters of first-time Required with application. verification not provide jurisdiction. if cast in correct verification for Eligible required. No excuse Y (also see below) Yes 1,125,868 (May 2004) 1,125,868 (May 5 7 a.m.p.m. to 8 Optical scan, punch card, paper ballot hand-counted R application. with verification not provide jurisdiction. if cast in correct verification for Eligible No e Y V ved by many residents to “suit[s] Vermont.” “suit[s] to residents many by ved Voting machines: Voting y Utah v k k 124 man 126 Will military votes cast electronically be secure and what impact, and what be secure cast electronically military votes Will if any, esult, Mindful of the touc acter is belie The state is unique in a few aspects of its electoral process. aspects of its electoral state is unique in a few The First, a large seas to e-mail their ballots. ermont is one of the onl har TING: TING: er k k V c v O O As a r O LOOK FOR V V T 121 tion of the state still uses hand-counted paper ballots, VIEW Y VOTING: Y VOTING: ws some incarcerated criminals to vote – a practice that has drawn criticism from criticism that has drawn – a practice to vote criminals ws some incarcerated opor VER OTER ID: OTER will they have on Utah’s vote this fall? vote on Utah’s have will they decided in late April to postpone any voting technology until after the 2004 changes voting to postpone any April decided in late election. voting technology upgrades create the possibility of machine-related problems on Election Day? problems the possibility of machine-related create technology upgrades voting voting: Overseas but useful” pr VOTING SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: EARL EX-FELON VOTING: OVERVIEW In addition, victims’ groups. rights THINGS Vermont REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE allo POLLING PLACE HOURS: POLLING PLACE SYSTEMS: VOTING V VOTING: PROVISIONAL ABSENTEE EARL EX-FELON O military personnel list of states that will allow joined the growing Utah also recently stationed o THINGS TO LOOK FOR LOOK FOR TO THINGS Utah REGISTERED VOTERS: VOTES: ELECTORAL zones” e-mail to request or can use a fax mail service is not reliable or other places where and then cast a ballot. Texas has several counties, has several Texas including Harris, years, several using DREs for been that have as part this year earlier of nationwide some criticism although such machines drew voting. concerns about electronic or uncertainty such in the concerns lead to delays Will result, son”“favorite of or is the combination with the technology status and familiarity trouble? enough to forestall 54

continued | State-By-State Findings ELECTION REFORM 2004| disabled voters? ballots shapeitsresponse tofederal requirements for electronic voting for machines elections e using oldertechnology? O EX-FELON EARLY VOTING: ABSENTEE VOTING: PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Washington THINGS TO LOOKFOR OVERVIEW EX-FELON VOTING: EARLY VOTING: ABSENTEE PROVISIONAL VOTING: VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Virginia THINGS TO LOOKFOR touc the commonwealth. dig Virginia hasalready considered and consequently, will electanew governor in2005); mor a la Washington was forced toatraditional primary toswitch following partisan either party. state’ vote talliesinthoseprecincts. F when several in machines there isarepeat ofsometheproblems encountered in2003, Observ dissatisf State-By-State Findings ifxCut afntoe n eetknofln,leadingtodoubtsaboutthefinal airfax County malfunctionedandwere taken off-line, VER ested man wsuit. e smoothl h-scr rdtoa bakt rmr,inwhich voters couldcastballotsfor acandidateof primary, s traditional “blanket” VIEW er action. s state een v VOTING: VOTING: T v he ne ery y k k y ofthec ,andhow willballotinginthosejurisdictions compare tothatinlocalities y, oting andseenor 129 T Virginia isoneofthefew statesinthenationtohave statewide general wide willbewatching jurisdictions toseeif with touch-screen machines he big ear (thestateconductsleg w systemsurviv 128 g hang k est electionstoryin k Voting machines: es produced by the2000election. Voting machines: No Yes Excuse r Eligible for verification ifcastincorrect precinct. Required ofallvoters. hand-counted paperballot lever and card, punch DRE, Optical scan, to7p.m. 6 a.m. 13 4,387,413 (September2004) update f c (Currently being restored before beingeligible tovote. C No No excuse required. Eligible for verification ifcastincorrect jurisdiction. not provide verification withapplication. Required offirst-time voters who register by mailanddo card punch DRE, Optical scan, to8p.m. 7 a.m. 11 2004) 3,282,777 (September, 127 halleng onvicted felons must petitiontohave theircivilrights are eason tohaltthespread ofthenewer across technology ept uhcnen,officials are stillconfident about concerns, Despite such ed itsf equired. ed inU or details) ir tts nSpebr despitewidespread voter st testinSeptember, islativ Will theexperience withelectronic voting go Washington thisyear was thedemise ofthe .S. How willthestate’s experience withpaper Supr e electionsinodd-numbered years and eme C our t –seelitig ation/leg al 55 State-By-State Findings | continued Nevertheless, the xample, the during 131 or e F | ELECTION REFORM 2004 all – making the Mountain 130 ements. evidenced by the growing trend the growing by evidenced Will West Virginia’s voter database voter Virginia’s West Will equir A r V Will Washington avoid the controversy over the controversy avoid Washington Will ication if cast in correct precinct. ication if cast in correct s elections, State-By-State Findings if irst-time voters who register by mail and do by register who voters irst-time er or v isconsin’ ed of f W istration database: istration ible f eg equir es es imary and will be in place this f R Excuse required. Y Yes registration.Election Day voters. About 4 million eligible 10 – 7-9 a.m. based on size jurisdiction by Varies to 8 p.m. Optical scan, DRE, hand-counted paper ballots lever mail and do by register who voters of first-time Required with application. verification not provide registration. N/A - Election-day required. No excuse Y Yes 1,103,264 (May 2004) 1,103,264 (May 5 6:30 a.m. to 7:30 p.m. Optical scan, DRE, punch card, and lever hand-counted paper ballot R application. with verification not provide Elig Voting machines: Voting s pr ocus in k k es in dealing with some HA esidential primary, to vote registered voters at least 4,500 Milwaukee e also a f 132 TING: West Virginia’s new statewide voter registration database – launched in registration voter statewide new Virginia’s West As one of the states that permit Election Day registration,As one of the states that permit Election Day has Wisconsin halleng O ed the state’ all. V k k uary pr O LOOK FOR T oung voters as poll workers,oung voters of Elections. the State Board by as urged Students 16 TING: ebr O V ere not asked for proper identification, proper for asked not ere ID to bring required were meaning that they d y s F Y VOTING: Y ar VISIONAL il or this f TER ID: O w pr O oung people ar anuary by Secretary of State Joe Manchin (D) – generated complaints from local officials complaints from Manchin of State Joe (D) – generated Secretary by anuary to but w in the state primary that was – whether to vote appeared time they with them the next A J difficult, system made their jobs more said the new who not easier. system surviv State one of only a few nationwide to implement this HAVA mandate in time for the 2004 mandate in time for nationwide to implement this HAVA a few State one of only election. Y VOTING SYSTEMS: VOTING ID: VOTER VOTING: PROVISIONAL ABSENTEE VOTING: EARL EX-FELON VOTING: OVERVIEW some unique c THINGS Wisconsin REGISTERED VOTERS: VOTES: ELECTORAL HOURS: POLLING PLACE ELECTORAL VOTES: ELECTORAL HOURS: POLLING PLACE SYSTEMS: VOTING V PR ABSENTEE VOTING: EARL EX-FELON VOTING: OVERVIEW Washington also joined the list of states that will require touch-screen voting machines to voting touch-screen that will require joined the list of states also Washington paper trails, voter-verifiable provide 2006. albeit not until Nevertheless, using jurisdictions monitoring”“parallel such machines in 2004 will be using testing machines on – randomly being counted as cast. are that votes – to ensure Election Day LOOK FOR TO THINGS Virginia West REGISTERED VOTERS: state’ touch screen voting that has plagued other states? Will parallel monitoring identify and/or monitoring parallel Will plagued other states? that has voting touch screen on Election Day? problems prevent reduce the number of provisional ballots cast on Election Day by reducing the number of the number reducing by on Election Day ballots cast of provisional the number reduce 2? on November precinct to their proper voters and/or directing lost registrations 56

continued | State-By-State Findings ELECTION REFORM 2004| said earlierthisyear. lea Marylandandelsewhere, decisions becauseofelectronic voting controversies in Georgia, v will cometogether tostaff aprecinct nearthecampusthisfall. v THINGS and other presidential votes inthe2000election–write-in votes thatactually went toRalphNader r Wyoming willnow however. The stateisupgrading itselectionreportingprocedures, OVERVIEW EX-FELON VOTING: EARL ABSENTEE VOTING: PR VOTER ID: VOTING SYSTEMS: POLLING PLACE HOURS: ELECTORAL VOTES: REGISTERED VOTERS: Wyoming THINGS TO LOOKFOR permission. and olderare permittedtowork atthepollsifthey have good grades andparental and identifyvoters inaccordance withHAVA andstatelaw? voter identification requirements? Will electionofficials andpollworkers properly register State-By-State Findings epor oting tec oting technology inmostareasoting technology result inproblems witholderequipmentonElectionDay? O igtentoa itr i tt fdsra l vr”Secretary ofStateJoe Meyer ving thenationalpicture “in astateofdisarray allover,” VISIONAL Y t wr V O TING: T s. hnolo ite-in totals after media reports seemedtodiscoverite-in totalsaftermediareports lost of thousands O LOOKFOR 136 133 k VOTING: iial,college studentsattheUniversity of Wisconsin-GreenSimilarly, Bay campus ymn,lk t egbrUa,willpostponeany decisionaboutnew like itsneighborUtah, Wyoming, yutlatrte20 lcin The stateisholdingoff onitspurchase untilafterthe2004election. gy 135 k k Voter ID: V Y No excuse required. Elig and donotpr Required offirst-time voters who register by mail lever card, punch opticalscan, DRE, to7p.m. 7 a.m. 3 215,374 (August 2004) Yes es oting mac ible f Will Wisconsin continue toexperience difficulties with or v hines: erification ifcastincorrect precinct. ovide verification withapplication. Will Wyoming’s decisionnottoupgrade 134 Endnotes/MethodoloEndnotes/Methodologgyy 57 , , . September .htm July 1,July 2004. , , September , The Associated The The Washington The Weekly v/TGDC ation and Voting ation and , September 7, 2004. o electionline Weekly The Washington Washington Post The istr | ELECTION REFORM 2004 eg onically,” September 2004. 2004. . of the Analysis Security “A ote.nist.g etary of State candidates spar electionline electionline Weekly et al onic R “Secr t of,” he Santa Fe New Mexican he Santa Fe T The Kansas City Star Kansas The e, http://v 107. Dale. ” September 21, e Electr iment.” 20, January 2004. August 27,August 2004. es. el, , R Endnotes/Methodology 2004. etz ess ommission, 9, August 2004. ommission disappointed in latest Congressional 29, Post, UOCAVA Voters Requesting and Returning an and Returning Requesting Voters UOCAVA Absentee Ballot Electr secrecy,” W procedures,” military voting over education underway,” 16, 2004. H.J. October 1, 2004. C homepag July 29,July 2004. News?” (see note 17). Agencies”,“Other Independent Appendix - p. 1115. C appropriations,” Secur Exper U.S. by Voting Facilitating for “Best Practices Overseas and the Uniformed by covered Citizens Act - Voting Summary,” Absentee Citizens September 2004. criticism,” e-mail draws by votes postponement flap,” dispute, Pr business – sor 27 Utah State Elections Office, “Guidelines for 28 Goldstein, David. vs. “Right to vote to right 29 23 Becker, and Fainaru, Jo Steve. “Military voter 22 24 Jefferson, David 15 release: Press U.S.Assistance Election 16 Committee Guidelines Development Technical 19 Op. cit. Schneider, Elizabeth. “Good News/Bad 20 of the United States Government, Budget 21 Schneider, Elizabeth. “Election Assistance 25 26 Becker, Jo. Plan to let military cast “Missouri 18 Chapin, Doug. Day “Inside the Election 30 Baker, Deborah. ID voter Mexico “Dems win New 17 Chapin, Doug. “In Houston, to down gets the EAC , as he he T T The USA s, and ,April 2004. electionline . wspaper ” The New York New The h.edu , 17, January 2004. electionline Weekly as published in 2004. he Associated Associated he Press T electionline.org oting issue, ote.caltec In addition,newspaper one 2004. .v . , 29, January 2004. he Business of Elections,” er uary 16, ticles in major ne as published in y citing O’Dell’s fundraising letter fundraising y citing O’Dell’s onic v “T , 2004. August ebr F The Miami Herald The icall elease: U.S. Election Assistance erald, Observer Charlotte The e information, see: Briefing Reform Election , 6, May 2004. September 8, The Associated Press The , , September 15, 2004. ing #8: y ies specif ief ess r eate paper printouts,” eate paper pproval of the Use of Certain DRE Voting DRE of the Use of Certain pproval ommission, hose included ar oda or mor Weekly F #7,“SecuringVote,” the in the week of September 27 to October 1,in the week 2004. T Shelley, Kevin. Honorable The Order, Executive for Approval of Withdrawal “Decertification and Conditional and Systems Voting DRE Certain A Systems,” State of California, of the Office of State,Secretary 30, April 2004. in Voting Case,” E-Voting Verifiable for Campaign Maryland, September 13, 2004. March 25,March 2004. 17,June 2004. sides of electr Pr C endeavor, visit: www electionline Weekly from Russia mentioned O’Dell’s ties with Bush. Russia mentioned O’Dell’s from infomation, more For see: Election Reform Br electionline.org Associated Press Associated Press cr to reach states in May.” to reach Times stor published in trail,” T Miami H Philadelphia Inquir 6 2 3 Release: Press to Hear Court Highest “Maryland’s 4 lawsuit,” voting electronic rejects “Court 13 release: Press U.S.Assistance Commission, Election 14 Seligson, Dan. all election panel hears “Federal 10 11 Schneider, Elizabeth. News?” “Good News/Bad 7 7 on the CalTech-MIT information more For 9 1 sues, “Congressman machines to voting wants 12 Seligson, Dan. money election upgrade “Federal 8 and MSNBC published online Eight newspapers 5 “In Nevada, a paper leaves voting touch-screen

58

continued | Endnotes/Methodology 39 40 38 42 Fineout, Gary and Caputo, Marc.“State ceasesfelon Marc.“State GaryandCaputo, Fineout, 42 The SentencingProject andDemosoffer 41 37 Jelinek, Pauline.“Pentagon focuses onvoting plan Pauline.“Pentagon Jelinek, 37 “Millionstovote before Election Paul. Nussbaum, 36 1Wee ely “Early voting notallowed by law, Kelley. Wiese, 31 ELECTION REFORM 2004| 3Ao,Eiaeh “Felons have alliesinvote-ban Elizabeth. Amon, 33 5Gaa,An.“Party lawyers prepare for post- Anne. Gearan, 35 Brennan Center for Justice atNYU Press release: 34 32 John Fund ofthe to useabsenteeballotsinthee-voting counties. f v if the surprise by urging voters inaflier todothesame Threatens OurDemocracy R including examples ofabsenteeballotfraud. ballots. electronic voting tocastabsentee machines Voter Foundation urged voters incountiesusing In theCalif cast absenteeballotsinsteadofgoing tothepolls. Several organizations have encouraged voters to voting purge,” www.demos-usa.org www.sentencingproject.org, resources onlaws regarding ex-felons voting. inf v the American Electorate suggests thatearly for troops,” Day,” 2004. judg The State book, case,” 2004. 28, Election Day trauma,” 2005 September28, Law School. al,butfight goes on,” fails, “Challenge tofelon voting ban Sara. Giboney, 2004. September 2, ir Democrats inFlorida continue tourge voters lier. tn ytm.The GOPlaterrepudiated this oting systems. oting slightl esear ormation visitwww e rules,” y liv Knight RidderNewspapers The NationalLawJournal c h fr Stealing Elections: In Flor ed incountiesusingpaperless, uut3,2004. August 31, , ornia pr om theC ThePress Associated The Miami Herald erae unu.For more y decreases turnout. ida, T W he Springfield News-Leade he Springfield all Street Journal the stateGOPtooksomeby imary inMar Endnotes/Methodology ommittee for theStudy of .gspm.or USA Today Common Dreams aboutvote fraud , Ho uut1,2004. August 14, , aur 4 2003. January 14, , g/csae. c uut7 2004. August 7, , w ,theCalifornia h, September20, , as publishedin has wr V oter Fraud electr itten a June , onic r , 50 3 “Alabama Attorney General rules against overseas 53 2Bget oneadHnesn us “Some Russ. Connie andHenderson, Baggett, 52 5Cteel il “Judge won't budge onballots,” Bill. Cotterell, 45 44 51 3Nln on “Felons have problems ingetting John. Nolan, 43 6Jhsn uts “Voting systemcausesissues,” Curtis. Johnson, 46 4 oz at Nwblosfutae confusesome “New ballotsfrustrate, Matt. Volz, 54 “County wants topostponevoter Betsy. Gilliland, 49 48 6 ldil id.“Budget won’t chair sendShelley Linda. Gledhill, 56 governor vetoes “With aflourish, Howard. Fischer, 55 47 Lenderman, 2004. 26, printed in The Associated Presstroop as voting by Internet,” v etr September2004. Center, The RhodeIslandFamily Life Communities,” of Felon Disenfranchisement for RhodeIsland The Consequences “Political Punishment: Study. voting rights inOhio. A Prison Reform Project publishedareportin polling places,” “Legislators endorse signsat Chet. Brokaw, News andSentinelOnline News Tallahassee Democrat TheJournal Albuquerque r Anchorage Daily News & Dak published in uut2,2004. August 25, 2004. September 22, 2004. September 1, voters,” registry implementation,” Barbar 3 2003. 23, funds, requiring voter ID,” worry,” P R v ight tovote restored,” oting r oter r eter e gs,2004regarding confusionover ex-felon ugust, gister o I,Isc “Kiffmeyer’s rush creates Issac. son III, ” otan isi, T , ThePress Associated he Sacr esults, A eg Daniel. ugust 26, , etme ,2004. September 4, istry,” And Minnesota Spokesman-Recorder TheJournal-Constitution Atlanta The State amento Bee ThePress Associated .“Domenicioffers voter IDbill,” y. races stillunresolved,” “State willdela 2004. Capitol MediaCapitol Services T etme 3 2004. September23, , uut2,2004. August 24, , he Pr uut2,20.The 2004. August 20, , etme 2 2004. September22, , T aur 5 2004. January 15, , he Associated Press he Associated , The Daily Local, September 24, as publishedin o vidence Journal y enf in or The Press cing ne Mobile June , 2004. May The as w , , , 59 Endnotes/Methodology | continued , , , as The August , estigation v The Detroit The , September The Times- The , September or in , 17, September he Baltimore Sun he Baltimore Louis Today T s top courtrejects , 17, July 2004. ’ St. , 6, September 2004. oter ID wins justice | ELECTION REFORM 2004 The Associated Press The , 14, April 2004. , 19, September 2004. “Md. The Wichita Wichita The Eagle The Press Herald Press The The Duluth News Tribune News Duluth The Scripps Howard News Service Scripps Howard “Blunt Calls f , 21, August 2004. WISH-TV ess. or Voting Machine Companies That Machine Companies Voting or s limited v The Sun Herald Sun The The Taunton Gazette Taunton The Stephanie. , September 20, 2004. The Courier-Journal The The Indiana Star The s concern on issue,” , 21, August 2004. Endnotes/Methodology 2004. 2004. equest for paper ballots,” equest for Established f Established Deliver,” Don’t into double voting,” 2004. Ibid. Associated Press. helps money “Federal efforts,” election reform Michigan’s published in Times-Picayune to vote,” department approval,” full-scale test,” September 12, 2004. Hargrove, Thomas. question “Mississippi officials election numbers,” 26,July 2004. “Mississippi’ Associated Pr delays face Louisiana inquiry,” face delays September 14, 2004. changes,” 8, nation’ Press release:Press Department of Justice, Civil Rights Division, release. press 3, May 2004. Strauss, John. system has its sore voting “State’s spots,” Bouchard, Kelley. taxes “Shortage of poll workers election officials,” Picayune News 22, r 13, 2004. Desmon, 74 Dawson, Rick and McKown, Loni Smith. “Penalties 83 84 78 Anderson, Ed. to staff,” off-limits “Vendors 77 Loftus,Tom.“Felons right to regain rules tougher face 85 Bakst, first face changes Brian. “Voter-registration 86 87 88 79 Carr, Martha. machine voting Orleans “New 82 Hyman, Rebecca. poll access “No time for 89 Mannies. Jo. echo procedures voting “Suits over 75 76 80 81 , , , ” g r The ote, V , February 2004. The Chicago The ing the September 15, electionline.o , , 31, August 2004. . 13, August 2004. he New York Times York he New “Secur , September 13, 2004. T , September 20, 2004. The Washington Washington Post The orm Voting System by System Voting orm ing #7, see: September 20, , ief July 16,July 2004. , , September 18, 2004. -Bulletin he Palm Beach Post Beach he Palm orm Br r ormation, The News Journal The T The Washington Washington Post The ef Atlanta Journal-Constitution St. Times Petersburg u Sta Honolulu Advertiser Honolulu e inf , September 20, 2004. Craig. 9,559 ballots,” “Snafus invalidate al College Votes,” al College Gordon Y.K. Gordon human “Glitches caused by ul , oposals,” pril 2004. pril ang he Miami Herald 22, 2004. Election R McCormick, John. option voting new “Bugs make Nov. for wild card 2 election,” Smith, Adam. will last 2 Election Day “Florida’s weeks,” pr D.C. Ethics: of Elections and Board Voting Equipment. count,” vote delayed Associated Press September 16, 2004. Omission,” Honol 2004. T Elector Gima, September 19, 2004. Namatalla, Ahmed. a will leave voters “Delaware paper trail,” 14, 2004. in the First – Georgia Package Election Reform Nation to Mandate Unif 2004,” of State of of the Secretary Office Georgia, 22, March 2001. P errors,” A security,” Tribune or mor 73 Dispatches #49, Democracy DEMOS, September 72 65 primary,” lost in Florida votes “245 electronic 64 66 Kam, Dara. “Experts companies’ criticize recount 59 60 Kovalevski, Serge, system dual Says “Board 62 Ibid. 63 Bolstad, inquiry,” Erika. federal get list may “Voter 61 Montgomery, Lori, “D.C. by Marred Voters Guide for 67 F 57 Johnson, Kirk. Splitting to Consider “Coloradans 71 58 69 Press Release:69 Press of Her Passage Hails Final “Cox 70 68 Campos, Carlos. punch at touch-screen “Critics

60

continued | Endnotes/Methodology 101 Zetter, Kim.“E-Vote machines drop machines more ballots,” Kim.“E-Vote Zetter, 101 “Judge saw risk invoter IDplan,” Dan. McKay, 96 acautionary “Lostvotes inN.M. Dan. Keating, 94 New Jersey Assembly Federal Relations 93 97 0 iae ct.“Ohio’s strict ballotrules tocost Scott. Hiaasen , 105 “Parties sparover absenteevoting,” Tim. Hoover, 90 ELECTION REFORM 2004| 99 Crowe, Kenneth C. and Haqqie,Azra.“Counties set andHaqqie,Azra.“Counties Kenneth C. Crowe, 99 NYPIRG, butthewrong answer,” “Rightnumber, 98 5Sn,Jh.“..holdsoff ontouch-screen “S.F. John. Sena, 95 0 “Electronic ballotsconcernofficials,” 100 104 2004. May 10, Ibid. 103 Office of The Honorable Al, Jaeger, Press release: 102 1Pesrlae elr h ooal en Office The Honorable Dean. Heller, Press release: 91 2Kna,Rce.“..amongfew usingpaperin “N.H. Rachel. Konrad, 92 tale,” 2004. May 13, StatementonS.701, Committee. Associated Press ‘No planatall’,” “Critics say New York Sean. HAVA planis Greene, Dealer v Wired Albuquer The Star Telegram T September 18, Online ID rules for primaries,” 2004. April Act (HAVA),” The Brennan Center for Justice, Identification Provisions oftheHelp America Vote State’s Implementationofthe Voter April 2004and “Telephone Survey onNew York 2003. voting,” 4 2004. 14, gear castsdoubtsonOhio’s vote,” H 2004. the Nor of theSecr v ote records,” he Kansas CityStar ts critics say,” otes, iaasen , eray9 2004. February 9, , ThePost Washington , uy2 2004. July 2, , September 12, hDkt ertr fSae January 9, th Dakota Secretary ofState. The Mexican New que Journal Scott andCarrSm tr fSaeo eaa uy1,2004. July 16, etary ofStateNevada, T 2004. he Associated Press he Associated aur 8 2004. January 28, , as publishedin electionline.org Endnotes/Methodology , , etme 1 2004. September 21, etme ,2004. September 9, 2004. Cle Times Union uut1 2004. August 1, , uut2,2004. August 22, , veland PlainDealer yth, J le “Outdated ulie. Cleveland Plain as publishedin October30, , Myrtle Beach Myrtle September , The , 2 oh,Ls,“Ballotingupgrade gets putonhold,” Lisa, Roche, 121 119 1 os eie “Voting problems couldspawn Denise, Ross, 114 113 0 illn,Bty “County wants topostponevoter Betsy. Gilliland, 107 “Activists revive fears aboutOregon Jeff. Mapes, 106 110 “SpecialReport ontheImpactofIncarceration 109 2 Ibid. 122 “Elections board OKssignsrule for Chet, Brokaw, 116 115 1 ore,Cag “Board dismisseselectionofficial,” Craig. Boerner, 117 112 Ibid. 111 118 120 108 electionline.org The Deseret News Houston Chronicle declines tohearRodriguez appeal,” R The Tennesseean Nashville City Paper uut2,2004. August 22, lawsuits,” J 2004. 28, r v September 2004. RhodeIslandFamily Life Center, and Reentry,” 2004. 22, polling places,” hp?id=142. http://www T 2004. uieso lcin”(uut20) .15. p. (August 2004), Business ofElections” education contract,” “Mount Pleasantfirm winsvoting-machine crd,Ba n an,An.“Bloated Anne. registration rolls mightmeanlonglinesatpolls,” Brad andPaine, Schrade, Express-News “Harr voter registry,” “Statewilldelay enforcing new Daniel. Barbarisi, 2004. ballot userinNo or egistry implementation,” oting,” om Dasc odr dan, iguez, is C J cb “SumterCounty islonepunch-card acob, T he Oregonian ounty willof The CityJournal Rapid .tomdaschle.com/getinvolved/index.p eec.“Texas Supreme Court Rebecca. hle’ . The Providence Journal lcinRfr reig #8 “The Election Reform Briefing, ue2,2004. June 28, , ThePress Associated s pi 0 2004. April 30, , vember,” Ags ,2004) (August 6, uy2 2004. July 2, , Voting Rights Project, ThePress Associated , etme 3 2004. September 23, f er T he Daily Local Vietnamese ballots”, T he Associated Press he Associated ue9 2004. June 9, , August 25, , San Antonio September , , August , May 26, , 61 Endnotes/Methodology | continued | ELECTION REFORM 2004 Endnotes/Methodology , , , , , 8, July , 6, August , November he Salt Lake T ournal-Sentinel , 15, September , 23, May 2004. , September 22, 2004. ee J The Associated Press The The Seattle Times Seattle The auk , 12, May 2004. January 15,January 2004. , The Brattleboro Reformer Brattleboro The Scripps-Howard News Service Scripps-Howard electionline Weekly he Milw T The St.The Times Petersburg ” s, , 16, September 2004. oting forms electronically,” oting forms ve, Thomas. to change agrees “Wyoming oter o 2003. gr wsandSentinel.com city v 2004. 13, 2004. scrutiny?” or more 31,March 2004. Elections Board,” by September 7, 2004. State of Utah, Department of Elections. and Requesting Voters UOCAVA “Guidelines for Absentee Ballot Electronically, an Returning ” to vote,” way September 15, 2004. or Vermont,” September 16, 2004. less confusion reported in new-ballot primary,” in new-ballot less confusion reported The Casper Star-Tribune The The Green Bay News-Chronicle Bay Green The Ne The Seattle Post-Intelligencer The The Richmond Times-Dispatch Richmond The their v Tribune 2004. ’06,” by paper printouts election reporting,” 132 Pabst, Georgia. 4,500 up for fouled “Registration 135 Barron, Joan. on pause,” puts e-voting “Wyoming 131 Johnson, Curtis. system causes issues,” “Voting 128 Whitley, Tyler. safe, feel “Election officials secure,” 127 Greene, Sean. Machines: “Voting problems More 133 encouraged poll workers of young “Employment 134 Krejci, Anna. the polls,” students help run “College 124 125 Kall, Mike. ballots: “Paper the best it’s Clerks say 126 Gezari,Vanessa.“Go to jail, – in Maine to vote get 129 Modie, Neal and Kamb, Lewis. turnout, “Larger 123 House, Dawn, can send zones in war “Citizens 130 Rodriguez, Matthew. to get voters “Electronic 136 Har

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continued | Endnotes/Methodology l usin ocrigrsac hudb ietdt enGen,rsac oriao,at202-338-9860. research coordinator, All questionsconcerningresearch shouldbedirected toSeanGreene, non-advocacy electionline.org ortheElectionReform Information Project. the views ofnon-partisan, e Le Information from are citedintheendnotessection. includingnewspaper articles, Other sources, information was verified by stateandlocalelectionofficials. cases, Insome Data for mapsandstate-by-state datawas collectedusingstateelectionprimary sources. references are citedintheendnotes. Briefings and Previous research collectedby electionline.org inthepublicationofElectionReform were used. state Web sites statelegislation andquestionsofstate-by-state election administration, litigation, Inf Methodology ELECTION REFORM 2004| pesdb lcinofcas lawmakers inthisdocumentdonotreflect andotherinterested parties xpressed by electionofficials, i/ei a sdt paecutcssmnindi h Ltgto”scin The opinions section. xis/Nexis was casesmentionedinthe usedtoupdatecourt “Litigation” rainfrti eotwscmie ewe pi 04adOtbr20.For information on ormation for thisreport was compiledbetween April 2004andOctober2004. lcinRfr 04 htsCagd htHs’,and Why? What Hasn’t, What’s Changed, Election Reform 2004: Endnotes/Methodology a sda el Specific was usedaswell.

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