2004 Regional HAVA Mini-Conferences

1. 2004 Regional HAVA Mini-Conferences Bureau of Elections www.Michigan.gov/sos

2. Agenda • Provisional Ballot Requirements • ID Requirements for First Time Mail-in Registrants • August Primary Reminders

3. Provisional Ballot Requirements

4. Provisional Balloting • Provisional balloting employed if voter’s name does not appear on QVF list. Ensures that no voter is improperly denied the opportunity to vote due to an administrative error. • Required under federal law. Implementation procedures provided under state law (PA 92 of 2004). • Combines current “affidavit” process with new procedures for issuing a ballot to voters who do not qualify for a ballot under the “affidavit” process.

5. Provisional Balloting (Con’t) • New “four-step” procedure form developed. Replaces “Affidavit of Voter Registration.” • No need to complete form if voter can produce a valid voter registration receipt or if voter is in the wrong polling place and is willing to travel to correct polling place.

6. Four-Step Procedure Form • If provisional balloting must be used, form must be completed before ballot is issued to voter. • Procedure can produce two results: • Issuance of a “challenged” ballot that is counted or tabulated on election day under routine procedures. • Issuance of a “challenged” ballot that is held in a “security” envelope for review after the election (“envelope” ballot). • Form guides precinct inspectors on taking proper actions when issuing provisional ballots.

7. Four-Step Procedure Form (Con’t) • Step One: Voter completes affidavit. • Lives in jurisdiction. • Registered by deadline. • If voter does not complete affidavit, he/she is not eligible to receive a provisional ballot. • Step Two: Voter completes new registration form.

8. Four-Step Procedure Form (Con’t) • Step Three: Election Inspector answers five questions. • Did clerk confirm voter is not registered in another precinct? • Does voter claim that he/she registered by deadline? • Can voter’s identity be confirmed with a Michigan Driver License, Michigan Personal ID Card, other government issued photo ID card or a photo ID card issued by a Michigan university or college? • If “no,” can voter’s identity be confirmed with another form of ID?

9. Four-Step Procedure Form • Step Three: (Con’t) • Can voter’s current residential address in precinct be confirmed with a Michigan Driver License, Michigan Personal ID Card, other government issued photo ID card or a photo ID card issued by a Michigan university or college? • If “no,” can voter’s current residential address in precinct be confirmed with: • A current utility bill • A current bank statement • A current paycheck or government check • Another government document • Did voter complete a new voter registration application?

10. Four-Step Procedure Form (Con’t) • Step Four: Ballot is issued to voter. • If answer to all five questions is “Yes,” voter issued a challenged ballot tabulated or counted on election day. • If answer to any question is “No,” voter issued a challenged ballot that is secured in a Provisional Ballot Security Envelope. • After final step completed, precinct board issues notice to voter.

11. Four-Step Procedure Form (Con’t) • Procedure Summary: Ballot is counted in precinct only if clerk was contacted and voter can show an acceptable form of photo ID that lists his or her current residential address in precinct. Otherwise, voter receives an “envelope” ballot.

12. Processing “Envelope” Ballots • Clerk must determine validity within 6 days after election. • “Envelope” ballots cannot be opened unless determined valid. • “Envelope” ballot counted if: • Administrative error occurred and valid voter registration is located for voter. • Voter signed affidavit, confirmed identity with photo ID and confirmed residence in precinct with the photo ID or an acceptable alternative document.

13. Processing “Envelope” Ballots (Con’t) • Envelope ballot does not count if: • Voter was unable to identify himself/herself with acceptable photo ID. • Voter was unable to confirm residence in precinct with acceptable photo ID or an acceptable alternative document.

14. Counting Valid “Envelope” Ballots • Clerk handles counting procedure. • Results entered on Provisional Ballot Report Form. • Report form transmitted to canvassing board within 7 calendar days after election. • “Envelope” ballots secured in preparation for any requested recounts.

15. Ballot Disposition Notice • Every elector who votes a provisional ballot must be issued a notice regarding the disposition of his or her ballot. • Notice advises those voters whose provisional ballot was tabulated or accepted for counting in polls that his or her valid votes will count. • Notice informs those electors issued an “envelope” ballot on procedure for obtaining information on whether his or her votes were counted or were not counted.

16. Free-Access System • Clerk must establish a “free-access system” which voters can use to learn if their “envelope” ballot was counted or was not counted. If the ballot was not counted, reason why ballot was not counted must be provided. • Free-access system can be a mailed notice, a telephone number that does not require a toll charge, a toll-free telephone number or an internet website. • The simplest way to establish a “free-access system” is to send a follow-up notice to every voter who is issued an “envelope” ballot.

17. Reports • City or township clerk must submit a Provisional Ballot Report Form to county clerk after any election where a provisional ballot was issued (either an “envelope” ballot or a provisional ballot that was tabulated or counted at the polls). • If no provisional ballots were issued, local clerk must advise county clerk by telephone, fax, email or mail.

18. Reports (Con’t) • County clerk must submit a “county provisional ballot report” to the Secretary of State within 14 days after election. • All data required on county clerk’s report can be obtained from reports received from local clerks.

19. New Requirements Affecting First-Time Mail Registrants

20. First-Time Mail Registrants • “Voting in person” now applies only if voter who registers by mail has also never voted in Michigan. Prior to change, “voting in person” applied anytime a voter registered by mail in a new jurisdiction. • Change will significantly reduce the number of voters subject to “voting in person” requirement. • New federal ID requirement applies if voter who registers by mail has never voted in Michigan.

21. Federal ID Requirement • Voter can satisfy federal ID requirement by: • Providing a driver license or personal ID number on mail-in voter registration form which can be verified (verification handled by QVF system). • Providing clerk with a current valid photo ID. • Providing clerk with a paycheck stub, utility bill, bank statement or a government document which lists the voter’s name and address. • Providing an acceptable form of ID when appearing in the polls to vote.

22. Exceptions • Federal ID requirement does not apply if: • Voter personally delivers mail-in voter registration form to county or local clerk – or an authorized assistant to county or local clerk. • Voter is disabled. • Voter is eligible to vote under the Uniformed and Overseas Citizens Absentee Voting Act. • Voting in person requirement does not apply to voters listed above plus voters who are 60 years of age or more.

23. QVF Assistance • QVF upgrade will now identify voters subject to the “voting in person” requirement, the new federal ID requirement and voters subject to both requirements. • Upgrade was completed in June 2004.

24. QVF Assistance (Con’t)

26. Voters Who Fail to Provide ID • Voters subject to the ID requirement who do not satisfy the requirement must be issued an “envelope” ballot (completion of four-step procedure form not required in this case). • Special notice must be issued to voter.

27. August Primary Reminders

28. Optical Scan Voting Systems: Policies and Procedural Reminders • Ballots produced for any test procedure must be clearly marked “Test”. • Ballot secrecy and the 10 foot rule. • Vote validity standards. • Tabulators must be programmed to reject ballots with over votes, crossover votes and blank ballots.

29. Optical Scan Voting Systems: Policies and Procedural Reminders (con’t) • Secrecy envelopes must be included with AV ballots printed on both sides. • Jurisdictions using optical scan ballots for the first time should plan extra voter instruction – instructional tools must not show names of any candidates on the official ballot.

30. Declaration of Intent Requirements • Clerks are responsible for delivering the names of declared write-in candidates to the precincts by the close of the polls. • All precinct boards must be supplied with declaration of intent forms for precinct delegates.

31. Documenting and Canvassing Write-In Votes • For a write-in vote to be valid: • Declaration of Intent must be filed. • Office for vote cast must match the office identified on the Declaration of Intent. • For partisan offices the vote cast must match the party identified on the Declaration of Intent. • Invalid votes must not be recorded and can not cause “over votes” and “crossover votes.” • Declaration of Intent waiver.

32. Documenting and Canvassing Write-In Votes (con’t) • Write-in votes showing name variations which do not match the declaration of intent form are acceptable. • The county board of canvassers make the determination of what variations of a name will be accepted. • To be elected a write-in candidate must: • Receive the greater number of votes • Meet the requirements of the threshold formula.

33. Posting Absentee Voting Information • Prior to 8:00 am the clerk must post the number of AV ballots distributed, the number of ballots returned, and the number of AV ballots delivered for processing. • Prior to 9:00 pm the clerk must post the number of AV ballots returned on election day and the number of AV ballots received on election day delivered for processing. • Once precinct returns are complete post totals.

34. Appointing Precinct Inspectors • An election inspector must be a registered voter in the county of appointment. • Appointments must be made between 21 and 40 days of the election. • For state and federal elections, the county chairs of the major political parties must be notified. • At a minimum, the precinct board will consist of a chairperson and two other inspectors.

35. Appointing Precinct Inspectors (con’t) • Precinct boards must have one inspector from each major party and political balance maintained as nearly as possible. • Voters convicted of a felony, or an election related crime, or members of a candidate’s immediate family can not be appointed. • Voters can not be appointed an inspector for one party if they are known advocates for another.

36. Handling Federal Post Card Application Forms • HAVA Changes: • Prohibits the imposition of any early application restriction. • Requires notification when a voter registration or AV ballot request is rejected. • FPCA forms are now good for two regularly scheduled general elections. • A standard oath is required. • Reporting requirements added.

37. Instructing Voters • To avoid any appearance that the precinct board is promoting write-in candidates, voters must be offered instruction on all aspects of the voting process. • The precinct board is not permitted to provide names of write-in candidates to voters or to have write-in candidates names displayed in the precinct.

38. Maintaining Order in the Polls • Campaigning in and near the polls. • Qualifications, rights and duties of Challengers. • Other persons in the polls. • Qualifications and rights of Exit Pollsters.

39. Recounts • Recount petitions for all U.S. Representative and State Representative districts are filed with the Secretary of State. • County and local recounts can not be conducted till written clearance to break security is received from the state.

40. Ballot Security • Canvass Documents • Paper Ballots • Punch Card Ballots • Optical Scan Ballots • Direct Recording Electronic Systems • Voting Machines

41. Use of Public Funds for Political Purposes Prohibited • Law stipulates that a “public body” and individuals acting for public bodies are prohibited from using or authorizing the use of “funds, personnel, office space, property, stationery, postage, vehicles, equipment, supplies, or other public resources” to support or oppose a candidate or the qualification, passage or defeat of a ballot proposal.

42. QUESTIONS