Five-Point Proposal for Open, Public, Accountable Elections


5-Point Proposal for Election Reform 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

Effective Date:  Upon passage

5. In support of the ninth amendment that no single right can trample or trounce others: Appropriations for real study, with real stakeholders including citizen representation and broad range of disability activists, election officials, and other solution makers, to find consensus, practical, implementable solutions to support the often conflicting voting rights of citizen oversight, security, accuracy, and accessibility.

Effective Date:  Upon passage



Reallocation of EAC Responsibilities:

  • Generate technical guidance on the administration of federal elections.
    – HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
  • Produce voluntary voting systems guidelines.
    – HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
  • Research and report on matters that affect the administration of federal elections.
      – HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
  • Otherwise provide information and guidance with respect to laws, procedures, and technologies affecting the administration of Federal elections.
    – HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
  • Administer payments to States to meet HAVA requirements.
    – HAND OVER TO GENERAL SERVICES ADMINISTRATION
  • Provide grants for election technology development and for pilot programs to test election technology. 
    – ELIMINATE THIS FUNCTION.
  • Manage funds targeted to certain programs designed to encourage youth participation in elections.
    – HAND OVER TO DEPT. OF EDUCATION
  • Develop a national program for the testing,certification, and decertification of voting systems. 
    – HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
  • Maintain the national mail voter registration form that was developed in accordance with the National Voter Registration Act of 1993 (NVRA), report to Congress every two years on the impact of the NVRA on the administration of federal elections, and provide information to States on their responsibilities under that law. 
    – HAND BACK TO FEC
  • Audit persons who received federal funds authorized by HAVA from the General Services Administration or the Election Assistance Commission.
    – HAND OVER TO GSA, USING INSPECTOR GENERAL
  • Submit an annual report to Congress describing EAC activities for the previous fiscal year.
    – HAND OVER AS APPROPRIATE TO ENTITIES PICKING UP FUNCTIONS AS DESCRIBED ABOVE
  • Certification, recertification and decertification of voting machines - DELEGATE TO THE STATES