July 18, 2007 at 19:54:21

Crippling Cost of HR 811 Leaves States Exposed and Defenseless

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By Nancy Tobi (about the author) Page 3 of 4 page(s)

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Since Election 2000, we have seen an ever increasing number of elections being thrown to the courts, all with results that can be defined as questionable at best. Certainly when appointed judges are made the referee of elections, the elections no longer belong to, or represent the will of, the citizenry. Judicial control over our elections is the antithesis of the consent of the governed.

The Executive Branch Defines America’s Voting Systems

HR811 makes the Election Assistance Commission (The Commission) the final authority to define “what is a voting system”, and “how a voting system meets accessibility standards”.

This means that The Commission’s Voluntary Voting System Guidelines (VVSG) actually become federal law. It also means that the only way that states can find safe harbor in complying with the law it to adhere to the VVSG.

What are The Commission’s Voting System Standards?

The Commission’s standards, VVSG I, become effective December 13, 2007. VVSG I represents a dramatic change from currently existing 2002 Voting System Standards in voting system specifications and the testing and certification requirements. This might be compared as moving from Windows 3.1 to Windows 98.

VVSG II, estimated to become effective in 2010, represents another complete change in computerized voting system architecture, and goes so far as to encompass paper ballot systems as well. This can be compared as moving from Windows 98 to Windows Vista.

As anyone with a home PC knows, it is quite impossible to run software applications designed for Windows 98 on a Windows 3.1 system, and even more impossible to run applications designed for Windows Vista on a Windows 98 system. In fact, most software companies simply don’t support the earlier versions of Windows, which means that PC owners need to upgrade their systems to the new version of Windows, or forego using any new features or software designed for it.

By creating a situation wherein states need to comply with The Commission’s standards as the de facto “safe harbor”, states will all need to constantly upgrade accordingly, as they will not have the option to “forego using new features,” no matter how costly, unwieldy, or unnecessary, unless they want to risk legal action.

What Affect Do the Commission’s Voting System Standards Have on Running Elections?

The practical implications of codifying The Commission’s standards into federal law, as the only possible safe harbor for states to find compliance with said law, is that every voting system in the United States must undergo a complete overhaul.

Just like the hapless PC owner, election administrators who don’t upgrade to the new voting system requirements will find they have no support (legal or otherwise) for running their old systems, and they will not be able to integrate new accessibility or other voting system requirements into their existing systems.

They will be unable to comply with The Commission’s standards, which HR811 will have codified into Federal law.

They will also find themselves at legal risk for unlimited lawsuits by citizens unhappy with their interpretation for implementing the far reaching and currently unachievable requirements of the law.

For a look at post-Holt America, where states are backed against the wall in the face of unlimited lawsuits if they don’t meet The Commission’s standards for accessible voting, have a look at what happened following the passage of HAVA:

June, 2004. Voting equipment giant Diebold, in collusion with the National Federation for the Blind, engaged in the lawsuit shakedown, as reported on BlackBoxVoting.ORG at the time:

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www.democracyfornewhampshire.com

Nancy Tobi is co-founder, former Chair, and website editor for Democracy for New Hampshire (DFNH). She is also a founder and Chair of the NH Fair Elections Committee. Nancy is the author of numerous articles on election integrity, including "The (more...)

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