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Feature: State election reform challenges

By PHIL MAGERS

DALLAS, Sept. 3 (UPI) -- State election officials are working to meet deadlines imposed under federal election reforms enacted after the 2000 Florida fiasco, but they are encountering foot-dragging in Washington and new questions about electronic voting machines.

The four-member Election Assistance Commission, which was supposed to offer guidance to states on voting machines and other issues, is still not in operation. It was supposed to be working in February but the proposed nominees have not been sent to the Senate for confirmation.

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"There's a multitude of things the commission is supposed to be working on," said Leslie Reynolds, executive director of the National Association of Secretaries of States, the state officials who supervise elections in most states.

Democrat leaders in Congress have submitted two nominees for the new commission to the White House. The White House also selected its two prospects to round out the panel but they have not been submitted to the Senate, Reynolds said.

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Running elections is not a federal function but the Help America Vote Act signed by President Bush last October is suppose to fix the hanging chad and other voting problems that cropped up in the Florida presidential election three years ago.

HAVA requires that every state have a statewide voter registration base, upgraded voting equipment to replace punch-card and lever machines, fraud prevention measures, and provisional voting for those who are not listed in precinct lists.

Federal money is the major problem for state officials who must implement the changes within a rigid schedule. Congress appropriated $650 million in so-called "early money" to pay for new machines and other expenses. Another $830 million will be distributed as federal grants with a 5 percent match. That money was be approved by the commission.

"States don't need the federal government to tell them how to run elections but they need to have them to help finance the changes that they require," said Reynolds.

States have adopted plans to implement the HAVA requirements although they have nowhere to send them since the commission is not in operation. They will go ahead with implementing the changes as required because they are under federal mandates.

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Twenty-four states have passed fairly comprehensive HAVA-compliance bills and the governor has signed them, according to the National Conference of State Legislatures. They are: Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Maine, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Vermont and West Virginia. Most other states have legislation dealing with a few of the requirements.

In the past few weeks new concerns about electronic voting machines are causing some state officials to consider asking for more time. Computer scientists are critical of the machines when they lack a way for the voter to verify his or her vote was recorded accurately.

"There is no trustworthy way that the voter can check the record that's made is an accurate representation of his vote," said David Dill, a professor of computer science at Stanford University. "You the voter could vote for candidate A and the vote be recorded for candidate B and you'll never know that."

Dill, who is leading a campaign for change, suggests the solution would be a paper ballot that prints out after making the electronic vote. The voter would then verify his or her vote and put the paper ballot in a locked box at the polling place.

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A study released July 23 by computer scientists at the Johns Hopkins University's Information Security Institute found that the software could be manipulated. Computer scientists are also concerned about common computers bugs and other glitches.

Vendors are confident their equipment is accurate and reliable and some election officials point out there are checks likes precinct judges and voting procedures at each precinct. Some state officials, however, are asking for more time, in part because of the new warnings.

"Some states are holding off," said Reynolds. "Some states are continuing to move forward because they have confidence in what they have already implemented or what they plan to implement."

In Colorado, Secretary of State Donetta Davidson is planning to ask for a two-year extension from the 2004 election year because of concerns about the new voting technology and just the need for more time to implement all the federally mandated changes.

"We're confident in the things that we have certified and are being used in the state but there have not been any standards set for HAVA compliance yet because the members of the task force have not been appointed," said Lisa Doran, a spokeswoman for the Colorado secretary of state.

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Reynolds said many of the concerns over equipment could have been addressed months ago if the federal commission has been on duty in February. One of the responsibilities the panel is establishing standards for the accuracy and reliability of voting machines.

But Doran said Colorado's plan to seek an extension is also based on concerns that more time is needed to implement the changes on a statewide basis.

"Trying to get the county clerks to transition their machinery and all that in a presidential election year would probably be at best a nightmare," she said. "It would be nice to provide election officials with an off-year election to implement new equipment and processes. The turnout isn't as great. It provides kind of a nice testing board."

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