HAVA Mandates

The 2002 Help American Vote Act (HAVA) mandates that each precinct in every state have one handicapped-accessible electronic voting machine and also calls for the elimination of punchcard and lever-voting systems. Although some are critical of HAVA, Secretary of State Betty Ireland is committed to making the federal mandate work for West Virginia.

Ireland has identified three ways to make the mandates of HAVA work for the best for West Virginia: look at using electronic machines for early voting, allow citizens without disabilities to use electronic machines during regular voting, and consider changing the law to allow for precinct-based counting.

The secretary of state feels that using the electronic voting machines for early voting would speed up the process of counting the votes cast, would reduce the number of voter errors, and would make county election officials and the public more comfortable with the electronic machines before the actual day of the election.

“It makes perfect sense for counties to utilize the technology we will purchase for them in the form of electronic voting machines and use them for the early voting period,” Ireland said. “We are mandated to purchase the electronic voting machines so why not get as much use out of them as we can?” Using electronic machines for early voting will require minor changes in current state code.

In addition, voters on Election Day can use the electronic machines. “Although the machines will be purchased for and formatted for use by citizens with disabilities, nothing prohibits others from voting on the electronic machines as well.”

Using electronic voting machines for early voting and during regular voting will not only speed up the tabulation of votes cast, but also reduce the occurrence of over-voting. Electronic voting machines have built-in capabilities that alert a voter when he or she has over-voted. Over-voting occurs when a voter votes for more candidates than allowable (for example, voting for 4 candidates when one may only vote for 3).

“Each individual county will have to make the determination on whether to use the electronic machines for early voting or not,” Ireland said. “As I have been traveling the state and talking with county officials, however, I have encouraged them to do so. It simply makes sense.”

Further, Ireland feels that movement is afoot to look at the possibility of allowing precinct-based counting of ballots. Currently, West Virginia law requires ballots (except for paper ballots) to be centrally counted in the county courthouses. Precinct-based counting would greatly reduce the time it takes to tabulate results on election night, especially for counties that use the optical-scan system.

“The technology is available now where counties can purchase precinct-based scanners which can be enabled to tabulate results at the precinct,” Ireland said. “I have already spoken to some county clerks and commissioners and we feel this would be a great enhancement to our voting procedures. We are just now researching precinct-based counting and plan to report our findings and proposals to the legislature.”

“It is important we make HAVA work for West Virginia,” Ireland said. “I am committed to the citizens of this state to continue to best utilize new technology to enhance the voting process as well further ensure the right to clean and fair elections.”