www.ss.ca.gov/elections/hava_section_1.htm
HAVA Title I - Section 102 Punch Card Replacement Application About Elections Division spacer spacer spacer California's Plan for Voting in the 21st Century Section 1: Compliance with Requirements of Title II Section 254, page 72 How the state will use the requirements payment to meet the requirements of Title III, and, if applicable under Section 251, to carry out o ther activities to improve the administration of elections. Title III, commencing with Section 301 (page 96), sets forth Uniform and Non-Discriminatory Election Technology and Administration Requirements. Below is a summary of the requirements of Title III of HAVA and how Calif ornia will use the requirements payment to comply with that federal law. It should be noted that, pursuant to Section 305 (page 124), the specif ic choices on the methods of complying with the requirements of Title II I are left to the discretion of the State. A Voting Systems Standards Section 301, pages 96-102 Federal Law HAVA requires that each voting system used in a federal election on or af ter January 1, 2006, meet each of the following requirements. Balloting errors The voting system must permit the voter to verify privately and independe ntly the votes selected before casting a ballot and must permit the vote r privately and independently to change or correct a ballot before it is cast, including receiving a replacement ballot. Note that the requirement that a voting system permit the voter to verify the votes selected before casting a ballot may not be defined in a mann er that makes it impossible for a paper ballot voting system to meet the new requirements of HAVA. Voter notice on overvoting and correction The voting system must: * notify the voter of an overvote (casting votes for more candidates th an allowed); Paper-based voting systems compliance Paper-based voting systems, including absentee balloting systems, may mee t the above requirements with: * voting-system specific voter education programs notifying the voter o f the effect of overvoting; Voting system audit requirements (pages 98-99) The voting system must: * produce a record with an audit capacity. The paper record produced sh all be available as an official record for purposes of a recount; Accessibility for individuals with disabilities (page 99) The voting system must be accessible to voters with disabilities, includi ng voters with visual impairment, in a manner that provides the same opp ortunity for access and participation, including privacy and independenc e, as for other voters. The above requirement is met by providing at least one DRE voting unit, o r other voting system equipped for individuals with disabilities at each polling place. All voting systems purchased with Title II funding after January 1, 2007, shall comply with these requirements. Alternative language accessibility (page 99) The voting system must meet all requirements of alternative language acce ss of Section 203 of the Voting Rights Act of 1965 (42 USC 1973aa-1a). Definition of vote (page 100) Each state shall adopt uniform and nondiscriminatory standards that defin e what constitutes a vote and what will be counted as a vote for each ca tegory of voting system used in the State. Hava Compliance With Voting Systems Standards In consultation with local elections officials and other interested parti es, including an advisory committee constituted for those purposes by th e Secretary of State, and after considering any voluntary guidelines ado pted by the Commission pursuant to Subtitle B of Title III, California w ill, through the regulatory, legislative, voting system certification an d decertification processes, or otherwise, comply with HAVA, including t he replacement of voting systems that do not comply. In order to help re store the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chie f Elections Officer,11 will, in conjunction with the consultation referr ed to above, in part: * support, promote and encourage the use of direct recording electronic (DRE/touchscreen) voting systems, at polling places in California, and optical scan systems that are used for tabulating vote-by-mail ballots, that are compatible with alternative voting methods such as ranked ballot and cumulative voting; Compliance efforts shall include monitoring polling places to determine accessibility and education of elections officials, poll workers, and voters with respect to the rights of all voters, including voters with disabilities. The Secretary of State shall consider, through established processes, decertifying paper-based systems, with respect to in-person voting, that are difficult to operate, which are prone to error with respect to voters with disabilities, or which do not provide equal access to the ballot. The Secretary of State shall consider, in consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, establishing a deadline for requiring that all in-person voting systems be accessible notwithstanding Section 301 (permitting compliance with accessibility requirements with only one DRE voting system at each polling place); The Secretary of State shall consider, through established processes, decertifying paper-based systems, with respect to in-person voting, that are difficult to operate, which are prone to error with respect to voters with language assistance needs, or which do not provide equal access to the ballot; B Provisional Voting Section 302, pages 102-104 Federal Law Section 302 (page 102) requires that provisional voting be permitted in federal elections on or after January 1, 2004. Under HAVA, if a vote rs name does not appear on the official list, or the elections official asserts the voter is ineligible, the voter is entitled to cast a provis ional ballot as follows: * Elections officials at polling place notify voters of the provisional ballot option; HAVA also requires (Section 302, page 106) that voters who cast ballot s after the normal poll closing as a result of a Federal or state order, vote by provisional ballot that is segregated from regular provisional ballots. Hava Compliance With Provisional Ballot Requirements In consultation with local elections officials and other interested parti es, including an advisory committee constituted for those purposes by th e Secretary of State, and after considering any voluntary guidelines ado pted by the Commission pursuant to Subtitle B of Title III, California w ill, through the regulatory or legislative processes, or otherwise, comp ly with HAVA, including its provisional ballot requirements. In order to help restore the integrity of the voting process, increase the opportun ity for all eligible citizens to participate in that process, and to com ply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,12 will, in conjunction with the consultatio n referred to above, in part: * develop uniform information and procedures on provisional voting, and voting generally, as required by HAVA, and take steps to ensure that elections officials, poll workers and voters thoroughly understand provisional ballot rights and procedures; C Voter Information Requirements Section 302, pages 104-106 Federal law Section 302 (pages 104-105) requires that, with respect to federal ele ctions held on or after January 1, 2004, elections officials post specif ied voting information at each polling place on Election Day, including: * a sample ballot for that election; Hava Compliance With Voting Information Requirements In consultation with local elections officials and other interested parti es, including an advisory committee constituted for those purposes by th e Secretary of State, and after considering any voluntary guidelines ado pted by the Commission pursuant to Subtitle B of Title III, California w ill, through the regulatory or legislative processes, or otherwise, comp ly with HAVA. In order to help restore the...
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