EAC may allow states to use remaining HAVA funds to replace DREs

Here in Tennessee, we have $37 million in HAVA funds remaining from our original appropriation, more than enough to replace all our DREs with precinct-based optical scan (AND random audits) by November, 2008. This morning's news brings hope that this will be possible. We have been bugging the hell out of EAC Chair Rodriguez to issue a statement acknowledging instructions from Congress to allow this expenditure and it appears we're getting closer to that.

If I can get the Rodriguez statement that is mentioned in the article below, I will post it. For now, I wanted to share a sliver of sunshine in this otherwise bleak election integrity landscape.

If we never stop fighting, we cannot lose.

We are confronted by the fierce urgency of now... We must move past indecision to action.

We are the ones we've been waiting for.
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http://www.tennessean.com/apps/pbcs.dll/article?AID=/20080223/NEWS0206/802230348

February 23, 2008

States may get voting-machine money

Official says federal pool may be used to replace touch screens

By THEO EMERY
Staff Writer

Tennessee and other states should be able to dip into a pool of federal money to buy new voting machines that generate paper trails, said a key federal election official, a move that is likely to bolster efforts to replace touch-screen machines used in most of the state.

But the word from the head of the federal Election Assistance Commission isn't likely to end debate over how soon the new machines should be bought. Dueling camps on Capitol Hill want them purchased over the next two years, while others want them in place before the November presidential election.

"It does solve the money problem, but I really don't think it solves the time problem," said Brook Thompson, the state's election coordinator. With only a few months to go before August and November elections, "no amount of money gives us more time to accomplish that."

Deborah Narrigan of Gathering to Save our Democracy, which is pushing for optical-scanner machines in Tennessee, called the shift "fantastic news," but said it would take political will to make the change this year.

The voting machines used in 93 of the state's 95 counties are touch-screen ones bought with federal money from the 2002 Help America Vote Act. Tennessee still has about $35 million of that money left.

It would cost about $25 million to replace all of Tennessee's touch-screen machines. But the federal commission had previously taken the position that money from the Help America Vote Act couldn't be used to replace machines bought from that pool of funds.

The policy reversal by the commission was made public Friday. Rosemary E. Rodriguez, chairwoman of the U.S. Election Assistance Commission, wrote in a Feb. 21 letter to a U.S. House appropriations subcommittee that she will recommend revising commission policy to allow using Help America Vote Act money to buy replacements, "regardless of whether the systems replaced were originally purchased with HAVA funds."

Members of Congress, including U.S. Rep Jim Cooper, D-Nashville, had pushed the commission to change its mind.

Rodriguez's policy shift is not definite; it would require approval by the commission at its next meeting on March 20.

Email EAC Chair Rodriguez ( rrodriguez@eac.gov ) and tell her you strongly support this action by the EAC. Even if you live in a state with vvpb, we must support election integrity in ALL states to save our democracy. Thanks.

Fellow ERDU critters:

Here in the Orange State, we are viewing the decision by EAC to move toward allowing states like ours to use our remaining HAVA funds to replace the Gollum-conceived and flying moneky minion-implemented DRE contagion as perhaps the most powerful break-through in our election integrity effort than anything in a long, long time. If the EAC ratifies these policy shifts in March, EVERY state that bought less-than-secure voting systems may have a federally-funded "do over" opportunity. We are sure going to pursue it here.

http://www.eac.gov/News/meetings/march-20-2008-public-meeting

Go to this link and read the proposed policy change and the EAC letter to Congress-critters who requested a reversal in policy (including our beloved Jim Cooper, D-NashVegas). Then spread the word to any vulnerable state that a crack in the wall of insanity that has characterized the HAVA period may finally have appeared.

After reading these documents, please email EAC Chair Rosemary Rodriguez ( rrodriguez@eac.gov ) and tell her you support her efforts.

Some excerpts from one of the posted documents:

PROPOSED POLICY CLARIFICATION ON THE ALLOWABLE USES OF HELP AMERICA VOTE ACT FUNDS AUTHORIZED UNDER TITLES I AND II

"This U.S. Election Assistance Commission (EAC) policy advisory clarifies the allowable uses of payments made to states under Sections 101 and 251 of the Help America Vote Act (HAVA). The EAC has determined that it is a reasonable use of HAVA funds to purchase any voting system regardless of whether the systems replaced were originally purchased with HAVA funds. The basis for this policy advisory is explained in the following paragraphs.

"In May 2007, the EAC responded to an inquiry from the State of Florida concerning the use of HAVA funds. Specifically, Florida asked whether it was permissible to use HAVA funds to purchase voting systems to replace existing HAVA-compliant voting systems that were also acquired with HAVA funds. The EAC response stated that it was not reasonable for a state to purchase a HAVA-compliant voting system with HAVA funds and then replace that system using HAVA funds (the “Florida guidance”). The EAC reply was based on the cost principles contained in OMB Circular A-87.

"Since that May 2007 decision, the Congress has provided further guidance on the use of HAVA funds in the House report accompanying the Financial Services and General Government Appropriation bill for Fiscal Year 2008 (H.Rept. 110-207), as follows:

…the Committee believes that ensuring accurate, reliable, and accessible voting is more than reasonable; it is essential. The Committee notes that the technology for voting equipment has improved in recent years, and states now have more experience with different technologies. States should have options and the flexibility to acquire better equipment, including equipment that will provide a durable, accessible, voter-verified paper ballot.

"By letter dated January 23, 2008, Subcommittee on Financial Services and General Government Chairman Serrano, Vice Chair Kilpatrick and subcommittee members Hinchey, Ruppersberger, Wasserman Schultz, Visclosky and Schiff, placed the Florida guidance before the Commission by asking for a reversal of the staff opinion therein.

Conclusion

... the Commission reverses the staff guidance and asserts that it is “reasonable,” pursuant to the OMB circulars for state governing jurisdictions to use HAVA funds to replace voting systems purchased with HAVA funds, as long as such purchases comply with HAVA. Therefore, states will have the flexibility and opportunity to use these funds to meet the requirements of title III or to improve the administration of elections for Federal office."

I will let Rosemary know how I feel.

Sonia