Two weeks ago Congress passed the Help America Vote Act of 2002, which includes widespread election reforms that will impact how Vermont conducts its elections in the future. While this new law provides needed reforms for the many states with inadequate voting systems it provides some implementation challenges in Vermont. The very good news is that the bill provides funding for the changes it mandates.

Among its provisions, the election reform law requires:

• 1. Statewide Voter Checklist. The law requires states to develop a computerized statewide voter checklist.
• 2. Access To Voters with Disabilities. At least one voting machine in each polling place that is accessible to voters with disabilities.
• 3. Proof of Identity. First time voters who registered by mail through motor voter must show proof of identity before their vote can be counted.
• 4. Multilingual Accessiblity. Voting systems must provide for multilingual accessibility.
• 5. Second Chance Voting. Voters must be given a chance to check errors before casting their ballots.
• 6. Provisional Ballots. Voters not on the checklist must be given an opportunity to cast a provisional ballot to ensure that no voter is turned away at the polls.
• 7. Drivers License Requirement For Registration. Individuals must include their drivers license number or the last four digits of their social security number on their voter registration form.

The law presents some challenges for the State of Vermont – but with the help of our town clerks and the support of the Vermont legislature I feel confident we will be able to meet that challenge. After this year’s election we will be convening a committee of town clerks, election workers and interested citizens to help Vermont prepare for implementation of the new law. Please let me know if you would like to participate on this committee.

6. CHARITY TO ELECTION ASSISTANTS.  Please keep your election workers well-fed, appreciated, and happy during the polling process. Their jobs are not easy, after all, and they deserve all the kindliness available. Try rotating positions every hour, just to keep them fresh, and allow plenty of break time. A little cold air might be just the ticket. A letter following election day, expressing your thanks, will also go a long way to keeping friends.

7. CHILDREN IN THE POLLING PLACE. If a child is not disruptive, the parent can bring the child into the booth. We learn from our parents, and the lessons of the voting booth are important.

8. AFFIRMATION FORMS. At the back of Election Perspectives, we included a form for voters to complete who have filled out the short form at the Department of Motor Vehicles and have nothing to show for the fact that they’ve already registered.  The affirmation form is now approved by statute.  It was used very successfully around the state in the Primary Election.  Remember, this form is for voters who can swear that they completed a voter registration through DMV and for unknown reasons, the registration form was not sent to your town clerk before October 26, 2002.

9. VOTERS PREVIOUSLY PURGED IN ERROR FROM YOUR CHECKLIST.  A voter appears at the entrance checklist and is told he or she is not on the list.  The voter maintains that he or she has continuously lived in town.  You check your records and find that the voter was purged in 2000 for failing to respond to a purge letter and after not voting in two general elections, his name was removed.  If the voter truly still lives in town and has not left town and registered elsewhere, the voter was removed in error and the person shall have his name immediately returned to the checklist.  17 V.S.A.§2150(d)(6)

10. TAKING IT TO THE JUDGE. Some people haven’t qualified to vote. They’re angry, and they blame you. “What can we do now,” they ask. They can visit the Superior or District Court and present a written appeal to a judge. 17 V.S.A. § 2148(a). The judge holds a hearing, and issues a written order, which might include direction to the presiding officer to admit the voter to the checklist. One town clerk goes the extra distance for these voters, and writes the judge a short note, explaining what she knows of the situation, and even explaining she has no objection to an order allowing the applicant to vote, if the Court makes the right order.

11. FIRST TIME VOTERS. Celebrate them. Have the poll workers give them a round of applause. Encourage them to feel welcome.

12. TIPS ON COUNTING WRITE-INS. You need to discuss this subject with your counters. You should account for every write-in of an actual person on the tally sheet. (Please do not include Mickey Mouse or other fictitious names.  These are “spoiled” not write-ins)  You should list instances where the voter was not accurate in spelling the name of a candidate rather than assuming what the voter intended. Then the election officials present can decide whether each variation was intended to be a vote for that candidate. You should count as a good vote a write-in of a candidate whose name appears on the ballot, but only as one vote per office (A voter cannot mark an X for a candidate on the ballot and then also write-in that candidates name for the same office even in a two seat district. Where only a partial word appears, write that down on the tally sheet, keep that ballot at the top of the pile so that if you and your partner can’t agree on whether it’s a good vote, all of the election officials present will vote to decide the voter’s intent. (17 V.S.A. §2587(a))

13. COUNTING JPs. You know that you don’t need to count all the votes for Justice of the Peace if the number of candidates on the ballot does not exceed the number to be elected and you are certain there are insufficient write-ins for any candidate to obtain enough votes to defeat another candidate. 17 V.S.A. § 2587(f).  That process cannot be used if you have more candidates on the JP ballot than the number of JP seats you have to fill.  In recent years, more parties are nominating slates of JPs and more independent candidates are submitting petitions. If there are more candidates printed on the ballot than offices to be filled, count all the ballots, just as you did for all of the other candidates in this election.

14. MACHINE MALFUNCTIONS. It’s bound to happen.  The voting machine is jammed, it just isn’t responding. The polls are closed, and it looks like you’re going to be counting by hand. Don’t think about this possibility for the first time when someone brings you a sad face. If your town only owns one machine, you may want to consider leasing a second machine for the general election  Make sure you have the name of technicians (with pager numbers) who are on call to service your brand of machine.  Also the telephone and pager numbers of additional staff from the manufacturer who may be able to talk you through resolving the problem with the machine.  Plan ahead by talking to some additional people, and have them ready to help if needed. Ballots can’t be allowed to cool before they’re counted. The longer you wait, the harder it will be to find counters, and the longer you’ll be up tonight. Call the technician, of course, but be ready for the worst, just in case.

15. THE DELUGE.  Prepare for a groundswell. Have extra people available to be called if you need them. This is especially true from 5:00 p.m. to 7:00 p.m., which are apt to be the busiest, except the noon hour. What a tragedy it would be for even a single voter to have to turn away and not vote because the line is moving too slowly. What can you do to ensure a smooth-running line? You can be sure nobody slows things down by stopping and talking to their friends. And you reassure the people in line that you’re doing the best you can under the circumstances.

16. POLLWATCHERS, AGAIN. Every major party and every candidate in the General Election not represented by a major party may send pollwatchers to the polling place on November 5. For most towns, those with over 500 names on the checklist, this means finding an area outside the guardrails of the polling place, where pollwatchers may hear the name of each person who goes to the entrance checklist (the voter is to state his/her name loudly and the entrance checklist person is to repeat it loudly.). There may be two people from each party or candidate, and they should be accommodated. 17 V.S.A. § 2564. For those smaller towns listed above, representatives of parties or candidates must notify you at least 12 hours before the opening of the polls if they want to view the checklist at two times during the election day, when you are not busy. 17 V.S.A. § 2572.

17. CHECKING THE LATE MAIL AND the TOWN CLERKS OFFICE.  Once the day’s mail has arrived, make sure you check through it for absentee ballots or voter registration information. It’s easy to forget in the hurly-burly of the day.  If you have a post office box, check it again at the end of the day.  Also, check the town clerks office to see if any ballots have been tucked under the door.

18. THE COUNTING PROCESS. Your Opening Remarks.  As presiding officer you are responsible for organizing the counting process. Don’t just start.  Gather everybody around you in a circle. Make sure everybody has taken the oath as an election official before the count begins.  Pair up experienced counters with new ones, and go over the basic rule that the bottom number must equal 50 or 100 or whatever your target number is for each race except those running in races where two or more are being elected.  Tell them to look carefully at each ballot and take close calls seriously enough stop a minute to consider them.  If you can’t decide, put it aside and consider it as a group, with the majority of election officials present voting to determine any question regarding the intent of the voter.  Bring your completed tallies, with bound ballots, to the summary table.  Thank them for agreeing to help, and wish them luck.

19. WHAT GOES INTO A BALLOT BAG.  When you are done for the evening, after the counting is completed, the counters have gone home, and the chairs are being folded up and put in their racks, you should be surrounded by ballot bags, all properly organized, sealed, and tagged, with all the information needed. Other than your coat, you should have only two items not packaged up in the ballot bags—(1) the summary sheet for all offices and questions and (2) the entrance checklist. Oh yes, the ballot bag tag numbers should be there as well. Otherwise, everything has gone into the bags, including the unused ballots (even those on the cardboard backing), the used absentee ballot envelopes and certificates, all neatly wrapped up category by category, with rubber bands and the exit checklist or alternative materials. Keep the ballots together. Imagine how it will look to the county clerk when it’s opened during a recount. If you have anything else left over, bag it and label it.

20. HAND DELIVER, FAXING OR OVERNIGHT DELIVERY OF OFFICIAL RETURNS.  We need all Town Clerks to either hand deliver, fax or use overnight delivery to make sure that the Office of the Secretary of State receives your Official Return of Votes by 4:30 on Thursday, November 7, 2002.  For the general election we will have two high speed faxes available at (802) 828-5171 and (802) 828-2496.  If you can’t hand deliver or fax, please send on Wednesday morning using an overnight delivery service.  If needed, we will reimburse towns for the additional expense of overnight delivery.

21. THE 90 DAY RULE and 22 MONTH RULE. You don’t have to keep all that material you bagged up on the election night for 22 months, you know. Some town vaults are filled with bags that could be emptied.  The entrance and exit checklists, along with any statement of discrepancies, are kept as permanent records for five years.  17 V.S.A. § 2590(d). After 90 days, you can dispose of the unvoted ballot pads, and the ballots and other materials on any local question or vote. The rest (general election ballots, tally sheets, summary sheets, and any other general election materials) stays in bags in the vault for 22 months.

22. UPDATE ON POLITICAL SIGNS
The Office of the Attorney General has modified its position on the meaning of the state sign law and now advise that campaign signs are EXEMPT from the state sign law if placed along a town highway for a period of not more than two weeks. This means that political campaign signs can legally be placed along town highways, within the right-of-way, for a two-week period before elections. We have modified our Guide to Political Signs which can be viewed on our: website www.sec.state.vt.us.

Also, earlier this month a citizen filed a lawsuit in federal court challenging the state sign regulations for state highways and that challenge may lead to a court decision that would further modify the state sign law. We will continue to post information on our website as soon as we receive it from the Office of the Attorney General.