HR 811 (The Holt Bill): Time to put us out of its misery

And here: click here

9) HR 811 makes permanent the Election Assistance Commission (EAC): The EAC consists of four white house appointees who, through their power to design the software and hardware specifications of voting equipment to be used in America (and they have now expanded their purview even to designing our paper ballots), control the counting of votes in the United States. This is unacceptable. This Commission MUST BE DISSOLVED. Its very existence threatens our 231 year constitutional republic by shifting the ultimate power – that of counting our votes - to the Executive Branch. This is the destruction of our democracy. The drafters of HR 811 have disingenuously removed the clear directive to make the EAC permanent (each successive version has obfuscated their intention to do so). Early versions of the bill clearly called for the “Permanent Extension of the EAC”. Then they removed the word “Permanent” and now they have removed the actual provision itself. But these are games they are playing. The current version of HR 811 mentions the EAC, giving it authority and responsibility, more than 32 times in the 62 page bill. It also appropriates to the EAC in perpetuity 5 times the current budget. This, my friends, is a duck. It walks and quacks, and it is a duck. More information on the EAC here: http://www.opednews.com/articles/opedne_nancy_to_070526_voter_intent_trumps_.htm

And here: http://www.opednews.com/articles/opedne_nancy_to_070414_the_eac_gopher_bash.htm

10) Vote counting secrecy: The most egregious bait and switch for many activists supporting the bill is that the original language calling for full disclosure in the bill has now been replaced with full nondisclosure, as well as adding requirements for public officials to sign nondisclosure agreements with private corporations in order to keep secret from the American people the manner in which our votes are being counted.

11) HR 811 imposes overly burdensome and cumbersome auditing and reporting requirements, many of which will not conform to current state practices and traditions. This is another area where the bill uses complexity and “experts” rather than simplicity and citizen oversight. It places the EAC between the state and the state’s certification of election results. It is ambiguous as to the reporting requirements and EAC authority in obstructing state certification of election results. It inappropriately involves an executive commission of four white house appointees in the process of certification of state election results.

5-Point Alternative Proposal for Meaningful Election Legislation with Checks and Balances
Plus Incentives for Real Paper Ballots and Hand Counts

1. In support of the principle of checks and balances and citizen oversight:
Require that Paper Ballots be Offered and Provided Voters at the Polls—
The appropriate election official at each polling place in an election for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a pre-printed paper ballot which the individual may mark by hand and which is not produced by a direct recording electronic voting machine. If the individual accepts the offer to cast the vote using such a ballot, the official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is not greater than the waiting period for an individual who does not agree to cast the vote using such a paper ballot under this paragraph.

Jurisdictions will ensure that a sufficient supply of paper ballots be available, that notice of the option is provided, that the ballots are treated with equal dignity provided to other ballots, including canvassing/counting those ballots on election day, and that consequences are provided for violations. In the event of violations related to the provision, canvassing, and handling of paper ballots, any citizen eligible to vote in the jurisdiction will have standing to go to court to require compliance and authority for the court to grant immediate relief. Funding for training and documentation for election officials and election workers in the proper hand counting methods and election administration using paper ballots will be appropriated to support this provision. Prior to election certification, appropriate protocols must be implemented to ensure the integrity of election results as authenticated by transparent vote counting methods.

(Compliance to be determined by each state in a state plan process that supports the standards for democratic elections, those being citizen oversight and security, and which process includes diverse stakeholders group including citizen representation, published plans, and consequences for noncompliance. State Plans will be published in the Federal Register.)

Effective Date State Plan: February, 2008

Effective Date Implementation: General Election November 2008

2. In support of the principle of fiscal responsibility and stabilization of state governmental administration, checks and balances and citizen oversight:

BUYOUT funding for states wishing to replace DRE systems with paper-based voting systems.
(BUYOUT funding can be applied to paper ballot, optical scan voting systems, paper ballot, hand count systems, or a combination thereof. In the case of buyout funding as applied to hand count systems, training costs may be included.)

(Compliance to be determined by each state in a state plan process that supports the standards for democratic elections, those being citizen oversight and security, and which process includes diverse stakeholders group including citizen representation, published plans, and consequences for noncompliance. State Plans will be published in the Federal Register.)
Effective Date: February, 2008

3. In support of the principle of checks and balances:
Dissolution of EAC and reallocation of its functional responsibilities to appropriate representational groups (as described below)

Effective Date: January 2008

4. In support of the principle of fiscal responsibility and stabilization of state governmental administration:
Prohibition on any additional unfunded mandates being added into the bill

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