ELECTION LAWS

POSITION IN BRIEF

Support effective election laws and uniform procedures.

BACKGROUND

LWVPA has supported bills which are now law, including registration by mail and the use of electronic voting devices, and laws to make it easier for the disabled and the elderly to vote. Legislation to eliminate cross-filing for school directors has been opposed by the League.

Beginning in 1989, the League supported a package of laws designed to remove obstacles to registration and voting. The legislation included supplying registration forms to citizens apply for or changing address on drivers’ licenses (“motor voter”), providing the forms to graduating high school seniors, providing forms at state agencies, lengthening or eliminating the purge period for voter lists, and permitting election-day registration.

After passage of the National Voter Registration Act of 1993 (NVRA), the League worked hard for legislation to bring Pennsylvania into compliance with the Act. Under threat of a suit filed by LWVPA and others, a state motor voter bill was finally passed in 1995. The bill ended the two-year purge of non-voters, but did not include establishment of a central computerized registry of all state voters, a provision supported by the League.

In 2001, LWVPA was represented on a Voting Modernization Task Force created by Governor Schweiker in response to problems found in Florida in the 2000 elections. The task force issued recommendations including:

• Counties consider upgrading their method of voting to direct recording electronic voting systems (DRE).
• Changes in how voting systems are certified.
• Recommendations on voter referenda required to change to a DRE system.
• Development of procedures to determine criteria for what constitutes a vote.
• Collection and reporting of data on problems and difficulties with voting systems.
• Opposition to on-line voting unless security concerns can be overcome.
• Voting equipment accessibility for disabled.
• Alternate language accessibility.
• Education programs for voters and poll workers.
• Financial aid to counties for upgrading equipment and procedures.

In 2002, LWVPA supported legislation that established the Statewide Uniform Registry of Electors (SURE), which creates a single computerized database of registered voters.

After the Federal Help America Vote Act of 2002 (HAVA) was signed into law, the Pennsylvania General Assembly enacted Act 150, which amended the Pennsylvania Election Code to include several provisions designed to comply with HAVA. These amendments included requirements for county boards of elections to process provisional ballots, identification requirements for those who vote for the first time in an election district, a system for filing complaints regarding provisional ballot and voter ID requirements, creation of the Voting Systems Development Board to determine what constitutes a vote on voting systems in use in Pennsylvania, and a State Plan Advisory Board to advise the Secretary of the Commonwealth regarding development of The State Plan to implement HAVA. LWVPA opposed the voter ID requirements in Act 150, which went beyond federal law by requiring identification by first time voters in a district, regardless of how they registered. HAVA only makes this requirement of those who register by mail.

After learning that the two positions on the State Plan Advisory Board reserved for public members had been filled by PA Senate staffers, LWVPA successfully petitioned to have meetings of the Board open to the public for observation and input. LWVPA also presented testimony at a public hearing before final adoption of The State Plan. LWVPA recommendations included:

• Uniform statewide standards for poll worker training.
• Voter friendly posters at every polling place informing voters of their rights.
• Have the provisional ballot form also serve as a voter registration form.
• The Statewide Uniform Registry of Electors should include a way to use other databases to provide missing and incorrect information on voter registration forms if all other information matches up.
• With exception of providing DREs for the disabled as required by HAVA, delay purchase of DREs pending improved technology.
• Inclusion of physical accessibility to polling places in The State Plan.

The testimony also recommended legislative changes to amend Act 150 to: remove the ID requirement for first time voters that goes beyond federal requirements; provide for election day registration for those who come to the correct polling place with appropriate identification and allow them to cast a provisional ballot; and provide permanent absentee ballots for voters with disabilities who voluntarily wish to vote absentee.

In 2003-04, LWVPA is represented on five Advisory Groups formed to help the Department of State carry out The State Plan, as follows:

• Election Official Training
• Voting Systems Review and Procurement
• Polling Place Accessibility
• Voter Education
• Election Day Activities and Voting Rights

LWVPA is revising its voter education materials to include new requirements and procedures under HAVA.

POSITION IN DETAIL

Registration

The League supports:
• Increasing the ease and accessibility of registration.
• Maintaining accurate and current voting lists.

Election Procedures

The League supports:

• State administered elections with a single appointed official having authority to define responsibility and to direct the activities of county and district election officials.
• Appointment of district election officers by county boards of elections from lists submitted by political parties on the basis of bipartisan representation, qualifying tests, and mandatory training.
• Use of public buildings as polling places wherever practical.
• Wearing of identification badges by election officials.
• Increased use of the provision that watchers may be appointed to serve in districts other than their own.
• Strict enforcement of present election procedures.
• Extension of election hours.
• Extension of the use of voting machines, and electronic voting devices where feasible, with continued investigation and implementation (by the proper authorities) of improved means to record and count votes.
• Intensified voter education in methods of splitting a ticket.
• Continuation of the direct closed primary, which should be moved from the spring to the fall, with appropriate changes in the election calendar.
• Nonpartisan election of school directors. As an interim step toward the ultimate goal of nonpartisan election of school directors, LWVPA supports cross-filing on the ballot by candidates for school director.

The League opposes simultaneous holding of public and party offices.

Absentee Voting

The League supports:

• Simplified procedures for all qualified absent electors.
• Guarantees against fraud.
• Protection of the secrecy of the ballot, including the counting of absentee ballots at the county level.

The League believes the only absentee voting provision in the Constitution should be that it is mandatory upon the Legislature to provide for civilian absentee voting.

Updated 9/1/04

Where We Stand

Government
- Election Laws
- Judiciary
- Redistricting
- Legislature
- Municipal Gov't
- Authorities
- Initiative and Referendum
- Campaign Finance
- Lobbyist Disclosure
- Open Records
- Open Meetings

Social Policy
- Education
- Gambling
- Death Penalty
- Reproductive Choice
- Transportation
- Child Health & Welfare & Juvenile Justice
- Family Issues and Laws
- Fiscal Policy
- Collective Bargaining

Natural Resources
- Land Use
- Water
- Air
- Energy
- Waste Management