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Draft 2003 Montana HAVA plan amendments-2008 : Help America Vote Act of 2002 (HAVA) (Volume 2008) online

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2003 Montana HAVA Plan
Amendments - 2008




Help America Vote Act
OF 2002 (HAVA)

June 13, 2008



M ONTANA Secretary of State
BRAD JOHNSON



Introduction

Section 1 2 of the Help America Vote Act (HAVA) of 2002 describes the material changes required to
the State Plan filed in 2003, as required by Section 254(a)(12), Specifically Section 12 describes the
progress that the State of Montana has made with regard to the State Plan and Amended State Plan
filed with the U, S, Federal Elections Commission.

Amended State Plan Requirement

Section 12 In the case of a State with a State plan in effect under this subtitle during the
previous fiscal year, a description of how the plan reflects changes from the State plan for the
previous fiscal year and of how the State succeeded in carrying out the State plan for such
previous fiscal year.

The following information is amendments to the 2003 State Plan and 2005 Amendments categorized
by the specific HAVA requirement,

(1) How the State will use the requirements payment to meet the requirements of Title III, and, if
applicable under Section 251{a){2), to carry out other activities to improve the administration of
elections.



Voting System Standards


HAVA Requirement


State of Montana's Current Status


Planned Action


Allow voter to change or
correct any error on the ballot
before casting the vote.


Meets the requirement.

All Montana polling places allow
replacement ballots to be issued for
voters to change or correct any error on
the ballot before casting the vote.


Continue state and
county voter education
campaign addressing
proper ways to fill in
ovals and the effects of
overvotes and
undervotes.


All Montana counties allow replacement
ballots to be issued for changes or
corrections to absentee ballots before
casting the vote.


Instructions will
continue to be printed
on the ballot about
changing and
correcting mail-in
absentee ballots.


Prevent or alert voter if
overvotes are detected on the
ballot.


Meets the requirement.

Voter assistance terminals that prevent or
alert voters about overvotes detected are
available at every Montana polling place
and optical-scan tabulators are available
at select polling places.


Continue state and
county voter education
campaign addressing
the effects of casting an
overvote.


Mail-in absentee ballot instructions have
been updated to include ballot correcting
instructions.


Continue state and
county voter education
campaign addressing
the effects of casting an
overvote.



Page 1 of 12



HAVA Requirement State of Montana's Current Status


Planned Action


All voting systems must be
able to produce a paper audit
trail of all votes cast.


Meets the Requirement.

MCA 13-17-103 (l)(k) Required
specifications for voting systems.


No action needed.


Voting systems must be
accessible for individuals with
disabilities, including
nonvisual accessibility for the
blind and visually impaired, in
the manner that provides the
same opportunity for privacy
and independence as other
voters. The requirement may
be met by having at lease one
DRE or other system
equipped for individuals with
disabilities at each polling
site.


Meets the Requirement.

Every Montana polling place is equipped
with at least one voter assistance
terminal to assist voters with disabilities,
primarily the blind and visually
impaired.


No action needed.


A uniform definition of what Meets the Requirement
constitutes a vote for each

voting system in use in the MCA 1 3- 1 5-206 Counting votes -
state. uniformity - rulemaking - definitions.


No action needed.



Provisional Voting and Voting Information Requirements


HAVA Requirement State of Montana's Current Status


Planned Action


A provisional voter is to be
allowed to vote a paper ballot
or an electronic ballot upon
the completion of an affidavit.
The ballot will be sealed in an
envelope or electronically
stored separately from the
regular votes. The provisional
ballot is to be transported to
the county board of elections
for determination of eligibility
and possible counting if the
voter is deemed eligible.


Meets the requirement.

MCA 13-13-601 Provisional voting in
person.

MCA 13- 13-602 Fail-safe and
provisional voting by mail,

MCA 13-15-107 Handling and counting
provisional and challenged ballots.


No action needed.


Each voter who casts a
provisional vote shall be given
written information on how
they can ascertain whether
their vote was counted, and if
not, why.


Meets the requirement.

13-1 3-601 (l)(a) Provisional voting in
person,

A voter is given required information
before being given a ballot and is
notified.


No action needed.



Page 2 of 12



HAVA Requirement State of Montana's Current Status


Planned Action


Establish a free access system,
such as toll-free phone
number or internet website,
allowing provisional voters to
ascertain whether their vote
was counted, and if not, why.


Meets the requirement.

MCA 13-15-107(4) Handling and
counting provisional and challenged
ballots.

Provisional voters may call the toll-free
Voter Information Hotline or contact
their county election office to verify
whether their vote was counted,
additionally each county office must
notify the elector of their vote was
counted, and it not, why.


No action needed.


Post information regarding the
day of the election and polling
hours.


Meets the requirement.

MCA 13-13-112 Display of instructions

for electors.


Continue distributing
uniform information
posters for every
county polling place.


Post instructions on how to
vote including how to cast a
provisional vote.


Meets the requirement.

MCA 13-13-112 Display of instructions
for electors.


Continue distributing
uniform information
posters for every
county polling place.


Post general information on
state and federal voting rights
and the right to a provisional
vote if they meet the
requirements to vote.


Meets the requirement.

MCA 13-13-112 Display of instructions
for electors.


Continue distributing
uniform information
posters for every
county polling place.


Post general information on
federal and state laws
prohibiting acts of fraud and
misrepresentation.


Meets the requirement.

MCA 13-13-113 Warning notice to be

posted.

MCA 13-37-131 Misrepresentation of

voting record ~ political civil libel.


Continue distributing
uniform information
posters for every
county polling place.


Any voter who casts a vote as
the result of a federal or state
court order extending polling
hours, shall do so on a
provisional ballot, and it shall
be kept separate from other
provisional ballots.


Meets the requirement.

13-15-107 Handling and counting
provisional and challenged ballots.


No action needed.



Page 3 of 12



(2) How the State will distribute and monitor the distribution of the requirements payment to
units of local government or other entities in the State for carrying out the activities described in
paragraph (1), including a description of -

A) The criteria to be used to determine the eligibility of such units or entities for receiving
the payment; and

B) The methods to be used by the state to monitor the performance of the units or entities to
whom the payment is distributed, consistent with the performance goals and measures
adopted under paragraph (8).

Consistent with the 2003 State Plan, the Secretary of State manages the distribution of HAVA funding
to the 56 county election offices established in Montana law. The state remains responsible for
accounting of all expenditures, funding levels, program controls, and outcomes of HAVA funds in
accordance with federal law.

HAVA funds are distributed based on availability and priority described in the Preliminary State Plan.
The Secretary of State measures county performance through extensive reports, surveys, and audits.
The Secretary of State also ensures performance goals set in Section 8 are met by directly purchasing
approved materials, reimbursing counties for approved expenditures, and providing grants to counties
for specific uses. In summary, the state will expend the funds at the state level with little cost, if any,
to the counties.

Requirements payment used to purchase and upgrade Montana's voting systems:



Action


Amount


Replace punch card voting systems in six counties


$360,000


Purchase , one per polling place, voting systems accessible for individuals with
disabilities including the blind and visually impaired


$3,150,000


Match half of the optical scan hardware costs for counties choosing to purchase voting
systems that meet the HAVA overvote notification requirement


$932,500



(3) How the State will provide for programs for voter education, election official education and
training, and poll worker training which will assist the State in meeting the requirements of Title
III.

Voter Education

The Secretary of State actively pursues the voter education efforts detailed in the 2003 State Plan,
Television, radio, and newsprint reach the largest audience and are utilized preceding federal elections
to inform voters about the provisions of HAVA, Voter Information Pamphlets that include HAVA
information are mailed to every voting household in Montana before federal general elections.
Community based education efforts such as booths at county fairs, outdoors shows, and home shows
provide voters with the chance to learn about HAVA provisions and Montana's voting systems.
Voter education among Montana's youth is encouraged and supported by the Secretary of State.
Youth vote activities include visiting school, encouraging college students poll worker recruitment,
and supporting mock elections within Montana's schools.



Page 4 of 12



Voter education expenditures summary:



Mechanism


Expenditures to date


Funding Source


Television, radio, newsprint, Internet


$597,822


HAVA


$526,093


Secretary of State


Production and distribution of the
Voter Information Pamphlet


$0


HAVA


100%


Secretary of State


Education and Training


$1,551,983


HAVA


$30,065


Secretary of State



Election Administrator education and training

Bi-annual workshops provide Montana's county election administrators with training on numerous
topics including accessibility, voting systems, federal and state election laws. Agendas also cover
timely election issues. Starting in 2007 the Secretary of State visited every county in Montana to
improve communication between the state and county election offices on HAVA funding issues. The
listening tour provided each county election administrator, county commissioners, staff and other
interested parties with a one-on-one with the Secretary of State and staff to discuss election concerns
and the direction of Montana's elections. The Montana Election and Technology Advisory Council,
commissioned by the Secretary of State, gathers regionally appointed county election administrators to
provide advice to the Secretary of State and assist counties with help regarding election and statewide
voter database matters.

Poll worker training

The Secretary of State is continually improving the quality of poll worker training in Montana. In
addition to providing the election judge handbook, the Secretary of State provided in-depth in-person
poll worker training to counties requesting training assistance. In addition to one-on-one training, the
Secretary of State has made poll worker training, recruitment, and retention a main election
administrator workshop and regional training topic. The Secretary of State also provides necessary
information for college student poll worker recruitment. Instructional videos address the use of voting
systems by persons with disabilities and the general public. In collaboration with the Secretary of
State's office. Disability Rights Montana conducts poll worker training for persons with disabilities
and those assisting voters with disabilities.



2007 Election Administrator Workshop presentations and training topics:



Voting system vendor presentation


Commissioner of Political Practices presentation


United States Postal Service presentation


Election law update and review


Statewide voter database training


Polling place accessibility presentation


Absentee voting presentation


HAVA audit timetable and update


Voter database security training


Late registration question and answer


Election administrator scenarios


Provisional ballot update and training


Ballot and voting system security


County canvass procedures


Election judge recruitment and retention


Election night boards



Page 5 of 12



2008 Regional County Training materials and topics:



ES&S Model 650 training


Statewide petition training


ES&S Model 150 training


Polling place checklist


ES&S AutoMARK training


Election night boards


Voting system testing and security


County canvass procedures


ES&S Unity online training


Election judge recruitment and retention


Statewide voter database training


Provisional ballot procedures


Voter and late voter registration training


Absentee ballot process training


2008 Election Judge Training topics:


Election judge qualifications


Polling place accessibility


Conduct of an election judge


Security procedures


Types of election judges and duties


Voting system setup and operation


Provisional voting


Poll watchers and petition gathers


Elector Identification


Spoiled ballots


Curb-side voting


Electioneering


Poll book reconciliation


Closing the polls



(4) How the State will adopt voting system guidelines and processes which are consistent with the
requirements of Section 301,

Montana's voting systems are consistent with HAVA voting system requirements by using voter
assistance terminals, optical scan precinct tabulators, and/or county conducting voter education
campaigns. Section 1 describes how each voting system used in Montana meets HAVA requirements.

Montana has incorporated applicable HAVA voting system requirements in state certification testing
and is adding applicable voluntary voting system guidelines approved by the Elections Assistance
Commission to current procedures, guidelines, and processes as necessary. Through the Secretary of
State's rule making authority granted in 2003 legislation, language has been adopted on what
constitutes a vote and whether a vote is counted.



Summary of Montana Voting Systems in Use (2008 Figures)



Election
Day Voting
Systems



Absentee

Voting
Systems



All 56 counties provide Elections Systems & Software AutoMARK voter
assistance terminals

19 counties have Elections System & Software Model 650 optical scan central
count tabulators

29 counties have Elections System & Software Model 1 00 optical scan tabulators

4 counties have Elections System & Software Model 150 optical scan tabulators

2 counties have Elections System & Software Optech IV-C 200 Eagle and Eagle
Optech 111-PE optical scan tabulators



44 counties have optical scan tabulation equipment

Absentees are counted on Election Day



56 counties provide voter assistance terminals
Absentees are counted on Election Day



Page 6 of 12



(5) How the State will establish a fund described in subSection (b) (Elections Fund) for purposes
of administering the State's activities under this part, including information on fund
management

House Bill 548, passed by the 2003 Montana Legislature and signed into law by the Governor creates a
special federal revenue account to the credit of the Secretary of State. The Secretary of State shall be
the single signing authority for administration of these funds, in compliance with HAVA. There is no
appropriation identified with this legislation. It simply creates a mechanism to receive money. Funds
will be spent in accordance with state and federal law.

(6) The State's proposed budget for activities under this part, based on the State's best estimates
of the costs of such activities and the amount of funds to be made available, including specific
information on

(A) the costs of the activities required to be carried out to meet the requirements of Title III;

(B) the portion of the requirements payment which will be used to carry out activities to meet
such requirements; and

(C) the portion of the requirements payment which will be used to carry out other activities.

Since the allocation of HAVA funds in June 2003, Montana has received $16,596,803 and has spent
approximately $13,1 16,000 through May 2008 to meet HAVA requirements. These funds have
generated just over $900,000 in interest bringing Montana's current fund balance to just under
$3,500,000 at the beginning of May 2008. With Congress's decision to provide 2008 Requirements
Payments, Montana will receive an additional $575,000 that is subject to HAVA match requirements.
The federal 5% match requires state and county provide a match of approximately $600,000.
Remaining HAVA funds, interest, and the 2008 Requirements Payment will be spent on meeting
HAVA Title III requirements.

Summary of HAVA Funds: May 1 5, 2008



Federal Funds Received


$16,596,803


Federal Funds Spent


($14,046,261)


Interest Accrued


$918,691


Total Remaining Funds Plus Interest


$3,469,233



Voting System Standards

Montana currently meets voting system standards required in HAVA Section 301. The Secretary of
State will continue to pursue a statewide voter education campaign to inform voters about the effects of
casting overvotes and about replacement ballots. The state plans to spend $600,000 of remaining
HAVA funds to match half of the county precinct counter hardware costs and $75,000 of the 2008
Requirements Payment for voter education activities.

Provisional Votina and Voting Information Requirements

Voters in Montana may cast a provisional ballot, consistent with HAVA Section 302 requirements, and
check if the ballot was counted or not. The Secretary of State prints and distributes Voter Information
and Warning posters to each county for polling place posting and display. Provisional and voter
information poster expenses are approximately $10,000 and are provided by state funds.



Page 7 of 12



Computerized Statewide Voter Registration Requirements

The Montana statewide voter registration database meets HAVA Section 303 requirements. The
Secretary of State expects $1,154,000 of existing HAVA funds will be allocated for the ongoing
management and maintenance of the registration database. Voter registration requirements meet
HAVA Section 303 standards as allowed in the HAVA Section 304 minimum requirement language.

Summary of Title III activities, costs, and 2008 Requirements Payment:



Title III Activities


Expected Expenses


2008 Requirements
Payment Allocation


Voting System and Security


$688,000


$75,000


Provisional Information and Judges


$122,000


$0


Statewide Voter Database and Misc.


$1,154,000


$500,000


Voters Who Register By Mail


$0


$0


TOTAL


$1,964,000


$575,000



In addition to fulfilling HAVA Title III requirements, the Secretary of State provides $280,000 HAVA
funds for counties to implement additional security measures, $1 12,000 for hiring provisional ballot
judges, and $208,000 to conduct preventative maintenance on accessible voting systems. Counties
must submit a narrative and/or proper documentation indicating intended or full performance of
funding requirements.

The Secretary of State will continue to provide polling place accessibility improvement grants and
HAVA compliant precinct counter grants to counties. The Secretary of State estimates $715,000 in
polling place accessibility grants and $600,000 in precinct counter grants, in addition to the 2008
requirements payment, will be required to fund future applications. Previous polling place
expenditures are listed below.



Polling place accessibility grants by calendar year:



2003


$0.00


2004


$138,356


2005


$16,982


2006


$494,698


2007


$111,756


2008 (May)


$77,633


Total


$839,425


On-going
accessibility


$715,000



Administrative, electronic voter database, election training, and voter education campaign expenses
have partially been paid for with state sources since the implementation of HAVA. The Secretary of
State plans to continue absorbing these costs in state and county budgets as HAVA funding begins to
taper off. New and ongoing activities along with anticipated cost are listed below.



Page 8 of 12



Summary of Montana's budget for Qfigoing activities



Proposed State Budget


Expected Expenses


2008 Requirements
Payment Allocation


Polling Place Accessibility


$715,000




Provisional Information and Judges


$112,000




Voter Education, Election Official, and

Poll Worker Training


$600,000




Statewide Voter Database and Misc.


$1,154,000


$500,000


Voting Systems and Security


$688,000


$75,000


Administration


$200,000




TOTAL


$3,469,000


$575,000



(7) How the State, in using the requirements payment, will maintain the expenditures of the State
for activities funded by the payment at a level that is not less than the level of such expenditures
maintained by the State for the fiscal year ending prior to November 2000.

Consistent with EAC Maintenance of Effort Funding Advisories, the Secretary of State has maintained
expenditure levels set by state fiscal year ending prior to November 2000, State election expenditures
remain consistent at just over $350,000, County governments have seen the largest elections
expenditure growth since 2000. In 2000, it is projected that counties alone spent just under $ 1 ,000,000
for the entire election year and are now averaging nearly $L5 million for each election during the
2006. A summary of the state and county expenditures are listed below.

State and county election costs by year



Entity


Year


1

Expenditure


Secretary of State


2000


^300.000


2001


$240,000


2002


$280,000


2003


$330,000


2004


$343,919


2005


$379,376


2006


$303,940


2007


$1,131,391 {voting systems)


2008 (5/6'' of year)


$342,947




County Governments


2000


$800,000


2002


$884,099


2004


$1,527,110


2006


$1,494,135 -Primary

$1,623,591 -General



"EsliiD alei a;e m liaises



Page 9 of 12



(8) How the State will adopt performance goals and measures that will be used by the State to
determine its success and the success of units of local government in the State in carrying out the
plan, including timetables for meeting each of the elements of the plan^ descriptions of the
criteria the State will use to measure performance and the process used to develop such criteria,
and a description of which official is to be held responsible for ensuring that each performance
goal is met.

Performance Goals

Montana's primary goal is to achieve compliance with HAVA through successful implementation of
the programs outlined in the State Plan and Amendments. Following is an updated description of the
timetable for meeting each goal of the 2003 State Plan and the title of the official responsible for
ensuring such goal is met.



Summary of the updated performance goals and measures:




Goal


Official Responsible


Updated Timetable


Develop State Plan


Secretary of State


Completed - June 2004


Administrative Complaint
Procedure


Secretary of State


Completed - January 2004


Elimination of punch card
voting systems


Secretary of State

County Election Administrators


Purchased - February 2004


Accessible Voting Systems


Secretary of State

County Election Administrators


Purchased - May 2006
(extension granted)


Centralized Statewide Voter
Management System


Secretary of State


Installed - November 2004


Provisional Ballots


Secretary of State

County Election Administrators


Provided -January 2004


Voter Education, Election
Official and Poll Worker
Training


Secretary of State

County Election Administrators


Ongoing


Poling Place Accessibility


County Election Administrators


Ongoing


Voting System Security and
Standards


Secretary of State

County Election Administrators


Ongoing



Performance Measurers

The Secretary of State, Election and Technology Advisory Council, and county election administrators
will work closely together to review efficiency and integrity of the Montana election process.

(9) A description of the uniform^ nondiscriminatory State-based administrative complaint


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Online LibraryMontana.Secretary of StateDraft 2003 Montana HAVA plan amendments-2008 : Help America Vote Act of 2002 (HAVA) (Volume 2008) → online text (page 1 of 2)