Senator Dodd: Before You Vote, Know Your Rights
October 31, 2006

Today, the Miami Herald published the following op-ed by Senator Dodd on voters' rights.  Senator Dodd co-authored the Help America Vote Act and is the Ranking Member on the Senate Rules Committee.

Americans will soon go to the polls under new rules for federal elections, the Help America Vote Act. Avoiding a one-size-fits-all approach, HAVA set minimum national election standards but left responsibility for implementation to states and localities. Voters are relying on state and local officials to effectively implement the new law while ensuring full compliance and being ready to address problems like those that emerged in primary elections across the country.

Overhauling national elections is a big task: about 175 million Americans are registered to vote, with tens of millions more eligible but unregistered. Since 2002, states have been updating their voting systems, administrative procedures, and registration rolls, with Congress providing an estimated $3.1 billion of the $4 billion needed nationally. Resistance by the congressional majority to fully funding HAVA has prompted shortfalls in some states, which may exacerbate administrative problems this fall.

In many primaries this year, voters experienced administrative and technology glitches and human errors, with problems ranging from election judges not showing up to critical voting system access keys not being distributed. Even though some state and local election officials have worked to fix problems and prepare contingency plans, others have seriously lagged.

As the November elections loom, it's especially critical that voters understand their legal rights, and the responsibilities of the states under the new law, before going to the polls.

What are these voter rights? For the first time in history, HAVA guarantees -- for every voter whose eligibility is challenged -- a right to cast a provisional ballot in federal elections. But because in some states provisional ballots -- such as those cast out of precinct or by voters whose registration status is at issue -- may not be counted, it's important that voters determine beforehand whether they are registered and where they should vote.

HAVA also requires that states give voters the ability to correct their ballot if there is an error; to cast a private and independent vote even if one is disabled or (in some jurisdictions) a member of a language minority group, and to have voting rights and rules posted in polling places. And it requires states to establish complaint procedures for use when voters believe they have been treated unfairly. These provisions must be complied with, or states may be subject to legal challenges.

States must also implement statewide computerized voter registration lists to ensure that the names of all eligible voters are on the list and to avoid the risk of double voting or other types of fraud. However, concerns have been raised about inappropriate purges of voter rolls in certain states that may result in previously registered voters being wrongfully removed from the list.

The U.S. Election Assistance Commission has developed best practices guidance to help states and localities comply with the law, including on deploying new voting systems; recruiting and training poll workers; developing protocols to secure voting systems; preparing ballot systems; and conducting pre-election testing. State and local election officials can use this guidance to double-check registration lists and procedures and to prepare contingency plans to enable voters to vote even in the face of technological glitches or human error. Some states are also providing for the use of paper ballots or other mechanisms as back-ups in case electronic systems fail.

Congress will be monitoring closely the upcoming elections to determine how well state and local governments have implemented new federal election requirements, and to assess the need for further federal reforms like giving voters a chance to register on election day and guaranteeing them the right to cast a no-excuse absentee ballot.

By ensuring that states give eligible voters open access to the ballot box, a fair vote count and reasonable protections to ensure the integrity of elections, we'll help restore the confidence of Americans in their government--a confidence battered by scandals and public cynicism -- and ensure the health of our representative democracy.

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