Electronic Voting: Electronic Voting: The 2004 Election and The 2004 Election and

BeyondBeyond

Flashback: Florida 2000Flashback: Florida 2000

22000044

Voting Technology: Voting Technology: 2000-20042000-2004

Key voting rights lawsPost-2000 litigationThe Help America Vote ActVoting technology in 2004

The Right The Right to Voteto Vote

1965

The Voting Rights ActThe Voting Rights Act

Forbids practices that “result in” denial of the vote on account of race. 42 USC 1973

Prohibits practices that abridge voting rights of language minorities. 42 USC 1973b

Disability AccessDisability Access

Key Concepts Under ADA– no discrimination or exclusion by public

entities

– readily accessible to extent feasible

Applicability to the voting processDoes the ADA require secret and

independent voting?

Key Voting Rights CasesKey Voting Rights Cases

Gray v. Sanders (1963)

“one person, one vote”Reynolds v. Sims (1964)

equal-sized districts requiredHarper v. Virginia (1966)

striking down poll tax

Bush v. GoreBush v. Gore

President George W. BushPresident George W. Bush

What’s the principle underlying What’s the principle underlying Bush v. GoreBush v. Gore??

“Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another”

Voting EquipmentVoting Equipment

The Help America Vote ActThe Help America Vote ActDoesn’t mandate the elimination of punch cards or

the implementation of electronic votingAuthorizes $325 million for “buyout” of punch

card and lever voting equipment, plus $3 billion in requirements payments

Requires a “permanent paper record” that can be used for manual audits, but not a “voter verified” paper record

At least one unit accessible to people with disabilities must be at each polling place by 2006

Ohio’s Voting SystemsOhio’s Voting Systems

70 2

10 6

Voting MethodVotomatic PunchDatavote PunchLeverPaperCentral ScanPrecinct ScanDREMixed

Voting Methods Used in 2000

VVoottiinngg EEqquuiippmmeenntt bbyy CCoouunnttyy 22000000

Type of Voting Equipment by County - 2000

Voting Equipment by County Voting Equipment by County 20042004

From From The The OnionOnion5/19/045/19/04

TheThePaperPaperTrailTrail

Voting Technology UsageVoting Technology Usage

Equipment 2000 2004

Punch card 34% 14%

Optical Scan 28% 35%

Lever 18% 14%

Electronic 11% 29%

Paper 1% 1%

Mixed 8% 7%

Precinct-Count Optical ScanPrecinct-Count Optical Scan

“Ballots which have been over voted, mistakenly marked or mutilated are automatically returned to the voter for review. The system automatically generates a tape printout explaining why the ballot was returned to the voter and what to do with the returned ballot”

Ohio H.B. 262Ohio H.B. 262Voter verified paper audit trail –

“a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout.”

Ohio R.C. 3506.01

Ohio H.B. 262Ohio H.B. 262

Not a receipt “It shall not provide to a voter any

type of receipt or voter confirmation that the voter legally may retain after leaving the polling place.”

Ohio R.C. 3506.01

For More Information:For More Information:

moritzlaw.osu.edu/electionlaw

equalvote.blogspot.com

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