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Walt, this is
the Sam Reed email concerning Election Reform I referred to at your
District meeting.
Received from Secretary of State Sam Reed, Feb. 18, 2001
Legislative package emphasizes security, proficiency and accuracy in
elections and voting Prompted by the election debacle in Florida,
Secretary of State Sam Reed today announced a package of legislative
proposals designed to keep Washington State "ahead of the curve" in
conducting accurate, secure and orderly elections.
"We're about as far away as you can get from Florida, and not just
geographically," said Reed, who characterized Washington State as a
"national leader" in elections administration. "There's always room
for improvement, however, and that's why we're submitting a variety of
proposals to protect the integrity of our elections process."
Reed's legislative package is a combination of strengthening elections
procedures and proficiency, protecting voters against discrimination,
and safeguarding against improper and illegal voter registration. His
proposals include:
Restoring a program which requires every county election department to
undergo a review of its elections policies and procedures at least
once every three years;
Increasing resources for training and certifying state and local
election administrators;
Clarifying election law to ensure that vote recounts are concluded in
a timely manner;
Establishing criminal penalties for discriminating against or
disenfranchising eligible citizens who want to register to vote;
Ensuring that applicants understand the citizenship and age
requirements for registering to vote, and that they are aware of the
criminal penalties for violating those requirements;
Creating new processes for detecting voters registered or voting in
more than one county, and for removing out-of-date registrations;
Setting up a Secretary of State "clearinghouse" for citizens to lodge
complaints regarding violations of election laws or procedures, with a
process for follow-up by the affected county elections officer and, if
warranted, the county prosecutor. Although not part of his legislative
package, Reed will also be working with county election officials to
standardize policies for determining voter intent on ballots that are
not clearly marked or punched. The US Supreme Court's ruling on the
Florida elections process made it clear that each state must adopt
uniform procedures for interpreting voter intent. Reed said such a
policy could be adopted in Washington State through administrative
rules.
In contrast to Florida, the state of Washington encountered few
problems in last year's elections, even with a hotly contested US
Senate race that went to a mandatory statewide recount. Even so, said
Reed, the state cannot be complacent about secure and accurate
elections.
"Elections are all about voter confidence," said Reed, who served as
Thurston County Auditor for 22 years before being elected Secretary of
State. "Washington state is doing well, but we need to stay ahead of
the curve to keep earning the public's trust."
Reed is also requesting legislation to move the date of the state
primary from the third Tuesday in September to the second Tuesday in
June, and to establish a State Voters Pamphlet for the primary.
Reed wants an earlier primary to allow more time for absentee ballots
to be printed, mailed and returned by voters before the general
election. More than 50 percent of the state's registered voters used
absentee ballots in the last election. An earlier primary would also
avoid potential delays in printing and distributing general election
ballots in instances where primary races are subject to mandatory and
requested recounts.
Meanwhile, Reed continues to work with lawmakers and the state
Attorney General to develop a response to the US Supreme Court ruling
which held that political parties cannot be forced to use a blanket
primary system to nominate candidates. Reed says he wants to develop a
bipartisan plan that gives voters as much independence and privacy as
possible when voting in the primary.
Summary of Elections-Related Executive Request
Legislation
Sam Reed, Secretary of State
2001 Legislative Session
Restoring periodic review program for county election departments
Prompted by a series of elections mishaps, the 1992 Legislature
approved a Secretary of State request to require county election
departments to undergo periodic reviews of their policies and
procedures. Under the program, the Secretary of State's office was
required to conduct a review and file a report on each county in the
state at least once every four years. The Legislature canceled the
program in 1997, leaving nine counties without a review.
This measure proposes to restore the program so that each county
undergoes a review of its elections procedures at least once every
three years. The goal of the program is to avoid Florida-type problems
by making certain that local election departments are using proper
methods to ensure the accuracy and security of ballot processing and
tabulation.
Enhancing election administrator training and certification program
A companion to the elections review program, the Election
Administrator Certification and Training Program was created in 1992
to foster increased proficiency among state and local election
administrators. Under the program, election administrators and
political party election observers are required to receive general
training regarding elections and specific training regarding that
person's actual duties. In addition, state and county elections
officials and personnel are tested and certified following the
completion of their training programs. The program is administered by
the Secretary of State under the guidance of the Election
Administration and Certification Board.
Funding for this program was sharply reduced by the Legislature in
1997, forcing the Secretary of State's office to cut back training and
certification opportunities for local elections staff. The Secretary
of State is asking the Legislature to expand the program to ensure
that election officials are adequately trained in current election
procedures and practices, and that election departments receive
sufficient technical assistance from the Office of the Secretary of
State.
The proposed budget for both the election review program and the
administrator training is $964,000 for two years. It would cost
approximately $485,000 just to maintain the program at current
operating levels.
Clarifying election law to ensure that vote recounts are completed in
a timely manner
In contrast to Florida, the state of Washington has comprehensive,
specific procedures in written in statute to govern the conduct of
vote recounts. These procedures, which have been in place for more
than 30 years, are designed to ensure public confidence in the
elections process by requiring a fair, orderly process of vote
recounts in close races.
During the last election cycle, Washington State conducted mandatory
recounts in two statewide races well within the election certification
deadline established in law. Election officials discovered, however,
that a situation could arise where opposing candidates could request
an alternating series of partial recounts in specific parts of the
jurisdiction (i.e., single counties or groups of precincts). This
measure would amend the law to require an automatic recount of the
entire jurisdiction if a requested partial recount reversed the
outcome of the race. Further recounts would not be allowed,
eliminating the possibility of recount "leapfrogging" by candidates.
The measure would also update the statutes to allow the Secretary of
State to order recounts by fax and e-mail, reducing the amount of time
required to get a recount started.
Protecting the integrity of elections (Omnibus Bill)
This measure contains a number of provisions to protect voters against
discrimination and disenfranchisement, and to safeguard Washington's
elections system against improper voting and voter registration. The
bill contains the following elements:
Establishes that any election officer or registrar who intentionally
disenfranchises an eligible citizen or discriminates against a person
eligible to vote by denying voter registration is guilty of a class C
felony. *
Institutes new procedures for the Motor Voter and Agency-Based
Registration programs to ensure that applicants understand the
requirements and qualifications for registering to vote. Specifically,
the registering agents will be required to ask applicants if they are
US citizens and if they are at least 18 years of age.
Requires that voter registration forms contain clear and conspicuous
language stating that the applicant must be a US citizen to register,
and that there are criminal penalties for violating the registration
requirements
Clarifies that any person who illegally registers to vote is guilty of
a class C felony. *
Strengthens procedures for detecting and canceling duplicate voter
registrations; requires the Secretary of State and county election
departments to undertake an annual program to detect persons voting
more than once; requires county prosecutors to pursue complaints
regarding election law violations.
Requires the Secretary of State to produce a voter guide explaining
what constitutes voter fraud and discrimination under state election
laws.
Requires the Secretary of State to encourage voter participation by
producing voter registration information in specified foreign
languages.
Requires the Secretary of State to provide ways for voters to submit
complaints or information regarding violations of election laws or
procedures; requires the Secretary of State to forward complaints to
the affected county election officer; requires the county election
officer to notify the Secretary of State regarding findings and
actions regarding each complaint.*A class C felony is punishable by
imprisonment for up to five years, or by a fine of up to ten thousand
dollars, or by both imprisonment and fine.
Moving the date of the state Primary
The state of Washington's September primary is one of the latest in
the country, creating a compressed election schedule that threatens to
delay voters pamphlets and ballot printing for the general election
when close races go to recounts. This measure would change the primary
election date from the third Tuesday in September to the second
Tuesday in June, and move other election deadlines accordingly. An
earlier primary would also provide additional time for absentee voters
to receive and return their general election ballots to county
election departments.
Establishing a State Voters Pamphlet for the Primary
This legislation would require candidate pamphlets for both the state
primary and general election (Washington State has produced a voters
pamphlet for the general election since 1914). Like the general
election pamphlet, the proposed primary election pamphlet would
contain photographs and campaign statements of all eligible candidates
who submit that material in time for publication, together with
campaign mailing addresses and telephone numbers, e-mail addresses and
web sites if the candidate provides them. The cost of producing
pamphlets for both the primary and the general election is estimated
at $600,000 for 2001, $800,000 for 2002.
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