S1487's requirement for observers to be allowed access to polling places only goes so far as permission to watch the processing of absentee and provisional ballots (not regular ballots), and the counting of votes (if done there). The value of this permission is null if local jurisdictions process their absentee and provisional ballots and count their votes elsewhere,.
The burden of administration for this scheme outweighs its value. States must set up procedures to process applications, evaluate compliance with EAC standards, provide public notice of any denial of requests to observe, explain why, provide an opportunity to appeal, and handle appeals.
Solution
The law should require opportunity for meaningful and appropriate observation of all materials, votes, ballots, and equipment by citizens from the time the polls open until the election is certified.
23. Early Voting
As of the general election of November, 2008, States shall conduct at least 15 days of early voting with at least 4 hours per day.[84]
The EAC shall provide guidance for early voting including the nondiscriminatory geographic placement of polling places at which such voting occurs.[85]
Wrong!
Whether or not to implement early voting is a decision that each state should make, and this decision should not be imposed by federal law.
Early voting may lower voter turnout. It requires extra security precautions and citizen observers to provide security for equipment and the ballots that are cast daily during the early voting period.
Solution
Federal law should leave the decision to implement early voting to the states. This section should be eliminated.
24. Counting Provisional Ballots
As of the enactment of this section, states shall count provisional ballots if the voter is registered anywhere in the state and eligible to vote, regardless at which polling place the ballot is cast.[86]
Wrong!
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