Transcript HAVA Reporting - Florida Department Of State

Military and Overseas
Voter Empowerment Act
(MOVE)
Donald Palmer,
Director, Division of Elections,
Florida Department of State
Enactment of the MOVE Act
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Signed into law on October 28, 2009 as part of
National Defense Authorization Act
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Amends the Uniformed and Overseas Citizens Absentee
Voting Act (UOCAVA) (initially adopted in 1986 and
last amended in 2004)
Impetus for Legislation:
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Congressional Research Survey: lowest registration and
turnout rates among different groups: 65% compared with
84% general population;
UOCAVA overall participation even lower – low 20’s;
“logistical, geographical, operational and environmental
barriers” impact the right of UOCAVA voters to register and
vote;
CRS Study: 25% of all ballots requested went uncounted –
disenfranchised;
Consensus that 30 days not adequate mailing transit time for
ballots sent overseas;
too remote to receive ballot and return
in timely manner….
Area’s of Responsibility
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State Responsibilities:
Focused on facilitating the transmittal of materials to the
voter by electronic means and left the return of ballot means
to the States;
FVAP responsibilities:
Greatly increased duties voter registration and ballot
collection from overseas sites + expedited delivery of ballots
to election officials;
Implement voter registration offices on each military
installation + DOD will designate pay, personnel, and
identification offices as “voter registration agencies” by Nov
2010.
Move Act: the States shall…..
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Transmitting Voter Registration & Absentee Ballot
applications;
Designating Means of Electronic Communication;
 Florida will designate fax and email.
Transmitting Blank Ballots;
Ballot Tracking Mechanism;
FWAB Expansion;
Ballot Transmittal Time 45 days; and
State Plan Change
MOVE Act: An Overview of FVAP
responsibilities….
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Election Information Database – gather information on Single
State Office information
Means of Transmission Designated for each State;
Ballot Collection/Delivery – USPS
Voter Registration: Secretary of each military department
branch designate office on each installation of Armed Forces
to provide voter registration;
DOD will designate pay, personnel, & identification offices to
receive registration applications & absentee ballot
applications
FVAP responsibilities continued…
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Increased Reporting to Congress on activities and Voting
Assistance Officers, including the cooperation between the
States and the federal government in carrying out the MOVE
Act;
Work with EAC and chief election officials in reporting
absentee ballot data;
AG must submit report annually on UOCAVA civil actions
enforcing UOCAVA & MOVE;
Utilizing Technology: FWAB + overseas voting pilot
programs in conj w/ EAC/TGDC (NIST)
UOCAVA refresher:
Federal Post Card Application
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Created the Federal Post Card Application to serve as a
dual application for voter registration and request for an
absentee ballot by a UOCAVA Voter
UOCAVA Refresher:
Federal Write-in Absentee Ballot:
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Provided a back-up ballot called the Federal Write-in
Absentee Ballot (FWAB) for federal offices for UOCAVA
voters who had requested but had not yet received their
regular absentee ballot for the general election.
MOVE Act (Section 577):
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For purposes of Act, includes not only Overseas military
& citizens but absent Stateside Military & Dependents:
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Members of the United States Uniformed Services and
merchant marine absent stateside or overseas from place
of residence,
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Their family members (spouse and dependents who are
also absent due to the above member’s absence), and
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U.S citizens residing outside the U.S.
Sec 577: Transmitting Voter Registration &
Absentee Ballot Applications
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Establish procedures to allow UOCAVA voters
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To request voter registration applications and absentee
ballot applications and related voting, balloting, and
election information by mail or electronically;
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To state their preference for receiving the voter registration
application or absentee ballot application (or other
election information) (i.e., by mail or electronically)
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To receive voter registration applications or absentee
ballot applications based on the transmittal preference
stated by voter;
Sec. 577: Transmitting Registration
and Absentee Ballot Applications
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Establish procedures for UOCAVA voters:
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If no preference is stated, to deliver the application in
accordance with state law, or if no state law, by mail;
Inclusion of designation of means of electronic
transmission with all instructional materials
accompanying ballot materials to UOCAVA voters;
Implementation will require request facsimile number or
email address from UOCAVA voter to then provide
materials or ballot at later time;
MOVE Act: (Sec 577):
Designating Electronic Communication
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Each state must designate at least one means of electronic
communication for:
 Use by UOCAVA voters to request registration and
absentee ballot applications;
 Use by states to send voter registration and absentee
ballot applications to voters;
 For providing UOCAVA voters with election and voting
information;
 Designated means of electronic communication must be
included on all information and instructional materials
that accompany balloting materials sent by the State to
UOCAVA voters
MOVE Act (Sec 578):
Transmitting Blank Absentee Ballots
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States must develop procedures for transmitting blank
ballots to UOCAVA voters (stateside and overseas) by mail
and electronically;
Procedures must include a means for the voter to designate
how they want to receive the ballot – by mail or electronic
means - AND ballot must be transmitted based on voter’s
stated preference;
Security and privacy – “to the extent practicable”
MOVE Act (Sec 580):
Tracking Marked Ballots
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Tracking Absentee Ballots for UOCAVA Voters via a free
access system;
The ultimate responsibility is on the “chief State election
official” to develop a system or coordinated system with local
jurisdictions;
…work with local jurisdictions to develop a free access system
that allows a UOCAVA voter to determine whether his voted
absentee ballot was received by the election official;
MOVE Act (Sec 579):
Ballot Transmittal Time:
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Absentee ballots must be sent or transmitted to UOCAVA
45 days before Federal election:
 Applies to primary and general elections
 Applies to all UOCAVA voters, not just overseas voters,
includes absent stateside, using designated means of
transmission;
MOVE Act: (Sec.579)
Waiver of 45 day requirement
Notice of Waiver Request submitted within 90 days
of Election to Presidential Designee - DOD (FVAP)
after consultation with the Attorney General
(Voting Section);
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5 Days to approve or disapprove;
Hardship exemption: Unable due to an undue hardship;
MOVE Act: “Undue hardship”
Predicate for Waiver
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State primary election date prohibits a State from complying;
State has suffered a delay in generating ballots due to a legal
contest;
 coordination and communication absolutely necessary
between State and local jurisdictions
State Constitution prohibits the State from complying with
45 day mailing requirement.
Waiver Process
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Be prepared to provide a factual predicate and explanation
of the hardship;
Articulate when ballots are able to be mailed or otherwise
transmitted;
Submit a comprehensive plan to ensure sufficient time for
UOCAVA voter ballots to be counted;
Articulate why the plan and steps to be taken provide
sufficient time for return of ballots
Be prepared to provide additional time to accept ballots
after Election Day to reach 45 total days;
MOVE Act (Sec. 585):
Repeal of Section 104 UOCAVA
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Eliminates the Standing Absentee Ballot Request Provision
for UOCAVA Voters:
 Removal of requirement that one request to serve as a
request to receive absentee ballots through the next
two federal general elections
 A high number of ballots were being returned as
undeliverable.
 FVAP: Is encouraging UOCAVA voters to submit new
FPCA at every change of address
 FVAP: Election officials should anticipate 2.2-2.5 million
Federal Post Card Applications (FPCA)
MOVE Act (Sec 581):
Expanding Use of Federal Absentee Write-in
Ballot (FWAB): Effective Date: 12/30/2010
Federal Write-In Absentee Ballot
(FWAB) – Section 581(a) and 582
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States will be required to expands the use of the FWAB to
include all special, primary, runoff and general elections for
federal office - not just general elections;
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FVAP: Promote and adopt procedures to and expand use of
FWAB; educational campaigns and legislative initiatives to
expand use;
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UOCAVA: “back-up measure.”
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States are prohibited from refusing to accept FWAB due to
notarization and paper/envelope type requirements;
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FVAP working on a FWAB wizard;
Federal Write-In Absentee Ballot
(FWAB): Section 581 and 582
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FWAB Wizard will utilize technology that allows voters to
enter their address and other relevant information to receive
electronic list of all candidates for federal office – operational
by end of 2010;
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Print out ballot with correct instructions and the address of
the election official;
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Cooperation with state to receive information may be
necessary to work.
Reporting and Storing of Certain Data
(Section 584)
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FVAP required to develop standards for reporting absentee
ballots sent and returned;
FVAP will work “with the Election Assistance Commission
(EAC) and the chief State Election officials from each State”
to report data on number of absentee ballots transmitted and
received;
“and [to report] other such data as Presidential designee
determines appropriate”;
Anticipate some change with Election Day Survey (EDS):
incorporate FVAP questions or data requests into the EAC
Survey on expanded UOCAVA voters and ballot
transmission;
MOVE: Sec. 588
Requirements Payments for MOVE
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Amends HAVA by authorizing the appropriation of “such
sums as necessary” as requirements payments specifically for
implementing MOVE;
States must amend their State plans to show how they will
comply with MOVE Act;
States reporting to EAC/DOJ state of MOVE Act compliance
MOVE Act compliance priority in use of Req Payments.
MOVE Act (Section 589)
Technology Pilot Program
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FVAP may establish 1 or more pilots to test new election
technologies for the benefit of absent UOCAVA voters –
remote voting systems;
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Transmission of voting material across military networks;
Use of virtual private networks and cryptology and other security
techniques;
Use of computers overseas with certain encryption measures or a
kiosk based system (utilization of voting stations at military bases);
Transmission of ballot representations and scanned pictures in secure
manner;
Document delivery and upload systems
Balance between accessibility and security – Congress and FVAP
accessibility; EAC = more security
MOVE Act: Effective Date for States
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All provisions apply before 2010 General
Election;
Exception: Expanded use of FWAB takes
effect after 2010 General Election.
Florida: All ready to go July 1, 2010 with
exception of FWAB.
Implementing the MOVE Act:
Election Administration
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With the inclusion of absent stateside military &
dependents under MOVE, anticipate an increased
number of ballots being sent early by postal mail and
by designated electronic transmission;
Technical modifications necessary to allow
UOCAVA voters to request absentee ballot
applications or registration application materials.
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Via website, paper application, or other means and to allow
designation preference of means of transmission;
UOCAVA Legal Developments
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McCain v. Cunningham (Virginia SBE)
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Delay of 8 counties in sending absentee ballots 30
days prior to Election Day;
Declaration of negatively impacted UOCAVA voter in
Iraq;
DOJ intervened – United States v. Cunningham;
United States v. Cunningham
(Virginia SBE)
Additional Fact and Factors:
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Some counties did not mail until within 14 days, impacting
125 voters;
2,114 UOCAVA voters sent their ballots late;
MPS: In some remote locations, it takes 35 days one-way to
reach service member – “the last mile”;
30 days overseas ballot roundtrip not adequate
United States v. Cunningham
(Virginia SBE)
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United States requested:
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Count the ballots received after Election Day of all
UOCAVA voters that were sent a late absentee;
Permanent relief to ensure compliance with
UOCAVA in future elections such that UOCAVA
voters have “a fair and reasonable opportunity to
participate in future elections for federal office.”
United States v. Cunningham
(Virginia SBE):
Court Ruled:
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Virginia violated UOCAVA by failing to mail absentee ballots
to UOCAVA voters at least 30 days prior to November 4,
2008 election;
Defendant violated UOCAVA by failing to give a reasonable
opportunity to execute and return as validly cast a timely
requested absentee ballots;
If even a single voter was deprived of that right solely as a
result of the tardy mailing of absentee ballots, then
Defendants have unquestionably violated UOCAVA;
U.S. v. Cunningham (Virginia SBE):
Other interesting findings…
More Court findings:
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The Federal Write-In Ballot (FWAB) is not the exclusive
remedy under UOCAVA – intended as emergency back-up
rather than replacement for the regular ballot.
Local election officials not necessary parties;
The Court found it had the authority to count belatedlyreceived absentee ballots after Election Day – discussion
of Supremacy Clause.
Conclusion
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MOVE Act:
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Most significant elections-related piece of
legislation since HAVA;
Comprehensive Reform to UOCAVA;
Congress trying to provide an alternative means
of transmission to avoid lengthy mailing times for
registration, absentee materials, and blank ballots;
Legislation essentially cuts the transit time in
half.
Questions?