DRAFT 2003 Montana HAVA Plan AS AMENDED H A V A ELP MERICA OTE CT 2002 (HAVA) OF June 10, 2005 MONTANA S S ECRETARY OF TATE BRAD JOHNSON DRAFT 2003 MONTANA HAVA PLAN AS AMENDED Section 301 Voting System Standards (page 8 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: Since the adoption of the Plan, several counties have purchased precinct counters that notify voters if there are problems with their ballots. The secretary of state decided that the mailing of the Voter Information Pamphlet would be sufficient to reach registered voters without a special mailing to all postal patrons. Planned Action: With current funds and the expected $7 million disbursement, the state will continue the activities referenced in the 2003 Montana HAVA Plan. The state will continue to assist counties in purchasing precinct counters. A major purchase will be the Direct Recording Electronic (DRE) voting systems to be located in each polling place. The systems will verify how voters cast their ballots, prevent overvotes and notify voters of undervotes. Casting and Correcting Ballots (page 8 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state facilitated voting by assisting counties with buying precinct counters. During the 2005 Legislature, the secretary of state successfully advocated legislation, in House Bill 177, to more clearly define whether a vote is counted. In a meeting in March 2005, the state Election Reform Advisory Committee suggested using Public Service Announcements (PSAs) to promote the correct way to mark a ballot, the importance of voting, and how voting machines work to make every vote count. The committee recommended measures to ensure that voters do not obtain multiple replacement ballots for the purpose of wasting the available ballot supplies. Committee members discussed how ballot counting machines might read “hesitation marks” as a vote, undervote, or set the ballot aside to be interpreted by the appropriate committee, and suggested using more precinct count systems. Planned Action: The state will continue to assist counties in purchasing precinct counters to alert voters to possible ballot errors, and will provide a more extensive education program to educate voters on casting a vote correctly and on asking for a new ballot if they spoil their ballot. The state will consider the suggestion to write rules to ensure that voters do not obtain multiple replacement ballots for the purpose of wasting the available ballot supplies. Audit Capacity for Voting Systems (page 9 of 2003 Montana HAVA Plan) 1 Amendments to the 2003 Montana HAVA Plan: The 2005 Legislature has enacted the requirement that any approved voting systems must record votes in a manner that allows the votes to be printed on paper so that votes can be manually counted or audited if necessary. Planned Action: The state plans to purchase DRE voting systems with a permanent paper record and a manual audit capacity. The paper record will be available for any recounts conducted. Rules will be drafted that will be consistent with HAVA regarding paper records and manual audit capacity. Direct Recording Electronic Systems (page 9 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The purchase of DREs and associated educational efforts have not yet occurred due to a requested and approved waiver until 2006. Montana discussed the possibility of a buying pool with other states but determined that due to varying state laws this would not be feasible. Planned Action: The secretary of state plans to purchase DREs in the year 2005 for use in elections starting in 2006. Public outreach on the DREs is being scheduled and our Communication Plan will assist the secretary of state in targeting and reaching influential people around the state for education on the DREs. Accessibility (page 10 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state's office contracted with the Montana Advocacy Program to review polling places for accessibility and to assist counties in making their polling places accessible. The secretary of state's office provided funding for the Montana Council on Developmental Disabilities to provide transportation to the polls on election day. The office also provided community-based organization grants to agencies that serve persons with disabilities to ensure that they could get the word out to their members and clients about accessibility. See Accessibility under Appendix C for relevant legislation. In a meeting in March 2005, the state Election Reform Advisory Committee suggested the use of HAVA money to promote understanding and the need to make polling places accessible, especially county election offices. The committee discussed using funds for temporary accessibility accessories, as long as the main emphasis is on permanent accessibility. Other specific suggestions included training election judges on the appropriate language and terms for corresponding with persons with disabilities and on answering potential questions from persons with disabilities; training election judges on how things like moving a bench can make a polling place ADA-compliant; training staff from the Office of Public Instruction and students about the HAVA changes and the importance of accessibility; using the Secretary of State’s office to recruit, train, and oversee people to help with the DRE equipment; and training for use of CPR and defibrillators at polling places. 2 Planned Action: The state will, as fully as possible, implement the recommendations of the Election Reform Advisory Committee through training, rules and/or handbooks. Additionally, the state will contract with the Montana Advocacy Program to assist counties to complete accessibility surveys and ADA self-evaluation and provide grants for the counties for consulting services, for polling place accessibility, and for additional education. We will provide funds to employ people with disabilities at polling places as election judges who can assist with disability-related voting issues. We will contract with Independent Living Centers and other organizations that serve people with disabilities to secure potential election judges who have a disability and who work with people with disabilities. Error Rates (page 10 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No changes. Planned Action: We will as necessary draft rules specifying machine error rates. Rules and Laws (pages 10-11 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: See Rules and Laws under Appendix C for relevant legislation. Planned Action: Rules are necessary and will be written to implement new legislation and to specify the requirements for the statewide voter database and statewide voter registration system. Section 302 Provisional Voting and Voting Information Requirements (pages 11-12 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state requested and received a waiver until 2006 for the statewide voter registration database, so this has not yet been used to verify provisional voters. However, the secretary of state contracted with the state Motor Vehicle Division to verify driver’s license numbers given by people at the polling places as part of their form of identification. This was quite successful in reducing the number of provisional ballots. Counties notified voters in person, by mail and/or by phone to inform them whether their votes were counted. Planned Action: The state will continue the actions specified in the 2003 Montana HAVA Plan and will implement the changes to the provisional and identification voting process mandated by the 2005 Legislature. The state will work to ensure that all counties are following the posting requirements of HAVA by again sending all counties a list of those requirements. Section 303 Computerized Statewide Voter Registration List 3 (pages 12-13 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The state has selected a vendor for the statewide voter management system and is determining technical requirements. Planned Action: The secretary of state will implement the required system by January 1, 2006. This will occur through regional trainings, opportunities for all counties to voice concerns, comments, and support for the system, testing of the system, and on-site installation of the system. Section 303 (b) Requirements for Voters Who Register by Mail (page 14 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No material changes. Planned Action: No material changes. Requirements Payments (pages 14-15 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The state followed the procedures in the 2003 Montana HAVA Plan, with minor changes consistent with HAVA provisions, as described in the Budget Breakdown. Planned Action: The state will make minor changes in its spending, consistent with HAVA provisions. These changes are detailed in the Budget Breakdown. Programs for Voter Education, Election Official Education Training, and Poll Worker Training (pages 15-17 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state provided grants of $5,000 each to over 90 community-based organizations to assist with education. After consideration, the state chose not to develop a “history trunk,” did not include HAVA information in utility bills, and did not send a flyer to all postal patrons regarding HAVA, because ongoing efforts were determined to be sufficient. Planned Action: The secretary of state will continue the efforts in the 2003 Montana HAVA Plan and intends also to develop a civics curriculum in order to educate young people about the importance of civic participation and voting. We again tentatively plan to provide grants to community-based organizations with a portion of the expected $7 million disbursement. Our Communication Plan will assist us in targeting groups for education outreach. Voting System Guidelines (pages 17-18 of 2003 Montana HAVA Plan) 4 Amendments to the 2003 Montana HAVA Plan: No material changes. Planned Action: The secretary of state will write DRE system standards and adopt any other necessary system standards through the rulemaking process. The state will adopt additional rules clarifying whether a vote is counted. HAVA Election Fund (page 18 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No changes. Planned Action: No changes. HAVA Budget (pages 18-19 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No changes. Planned Action: The state is requesting additional funding in the amount of $7,000,000 for upcoming HAVA expenses. Voting Accessibility (page 19 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The estimate of $350,000 was nearly exact. The cost of replacing county punch card systems was $360,000. The DRE systems have not yet been purchased. Planned Action: The state has completed the punch-card buyout. Our current estimate of the cost of the DRE machines is $2,800,000, all of which is expected to come from our original $9,150,000 disbursement. Additional costs are estimated at $500,000 and will come from our expected $7,000,000 disbursement. Costs for assessing and ensuring polling place accessibility are estimated at $2,000,000 and will also come from the expected $7,000,000 disbursement. Provisional Balloting (pages 19-20 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No changes. Planned Action: The state will continue to implement provisional balloting. Voter Education, Election Official and Poll Worker Training (page 20 of 2003 Montana HAVA Plan) 5 Amendments to the 2003 Montana HAVA Plan: The state spent a total of approximately $1,435,989.37 on Voter Education, Election Official and Poll Worker Training. This included community-based organization grants, HAVA trainings across the state, an extensive media campaign, and voter education activities at popular events. Planned Action: We intend to continue the activities specified in the 2003 Montana HAVA Plan. Additionally, we are drafting a Communication Plan to target and reach groups and organizations to give them new election information. The total to be spent from the $9,150,000 disbursement for these activities is approximately $177,233.56. The total to be spent from the expected $7,000,000 disbursement for these activities is approximately $950,000.00. Statewide Voter Management System (pages 20-21 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: Initial expenditures for the statewide voter management system, known as Montana Votes, have been approximately $1,003,593.87. Planned Action: The state plans to use $2,800,000 of the current $9,150,000 disbursement to pay for the system. The state plans to use $1,500,000 of the expected $7,000,000 disbursement to pay for ongoing maintenance and training. Precinct Counters Matching Funds (page 21 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The state spent a total of approximately $440,887.30 to assist counties in purchases of precinct counters. Planned Action: The state plans to use $500,000 of the expected $7,000,000 disbursement to assist counties in the ongoing purchases of precinct counters. Administration costs (page 21 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The state used its match money of $205,500 to pay for administrative costs. We used additional HAVA funds totaling approximately $132,295.90 to pay for additional administrative costs, including staffing and associated expenses. Planned Action: The expected $7,000,000 disbursement will require approximately $350,000 in match money. This match will be provided through counties paying a portion of costs of precinct counters. The state plans to use $200,000 of the expected $7,000,000 disbursement for additional administrative costs. 6 Maintenance of Systems and the "What-Ifs"(page 21 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The state plans to use all of the $9,150,000 disbursement on the activities specified. Planned Action: As noted above, the state will use all of the $9,150,000 disbursement. The state plans to have $1,350,000 of the expected $7,000,000 disbursement left over for ongoing maintenance not covered elsewhere in the budget and for other ongoing expenses. Budget Breakdown: (page 21 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: APPROXIMATE ACTUAL BUDGET BREAKDOWN: Voting Accessibility: $360,000.00 Voter Education, Election Official and Poll Worker Training: $1,435,989.37 Statewide Voter Management System: $1,003,593.87 Precinct Counter Matching Funds: $440,887.30 Administration Costs: $132,295.90 TOTAL ACTUAL BUDGET EXPENSES: $3,372,766.44 MONEY LEFT IN ACCOUNT (for future needs): $5,777,233.56, plus interest Planned Action: 2003 HAVA PLAN AS AMENDED ESTIMATED BUDGET BREAKDOWN: $9,150,000 FUNDS (Approximate Amount Remaining: $5,777,233.56, plus interest) Voting Accessibility: $2,800,000.00 Voter Education, Election Official and Poll Worker Training: $177,233.56, plus interest Statewide Voter Management System: $2,800,000.00 Precinct Counter Matching Funds: $0.00 Administration Costs: $0.00 TOTAL ESTIMATED BUDGET EXPENSES: $5,777,233.56 MONEY TO BE LEFT IN ACCOUNT (for future needs): $0.00 $7,000,000 EXPECTED FUNDS: Voting Accessibility: $2,500,000.00 Voter Education, Election Official and Poll Worker Training: $950,000.00 Statewide Voter Management System: $1,500,000.00 7 Precinct Counter Matching Funds: $500,000.00 Administration Costs: $200,000.00 TOTAL ESTIMATED BUDGET EXPENSES: $5,650,000.00 MONEY TO BE LEFT IN ACCOUNT (for future needs): $1,350,000.00, plus interest Maintenance of Expenditures (pages 21-22 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No change. Planned Action: The secretary of state will maintain expenditures at a level equal to or greater than the level of such expenditures in state FY 2000. The secretary of state and counties will also continue to provide maintenance of effort. Performance Goals and Measures (pages 22-26 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The survey on provisional ballots used county results instead of precinct results, due to the low number of provisional ballots and to avoid the possibility of voter secrecy being compromised in certain precincts. The public was not surveyed to determine their awareness of their voting rights and responsibilities; the low incidence of difficulties at the polling places indicated that their level of awareness was quite high. Planned Action: We will continue to satisfy the performance measures detailed in the 2003 Montana HAVA Plan and will satisfy the performance measures listed in the Plan that are coming due in the future. Administrative Complaint Procedures (pages 26-27 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No material changes. Planned Action: No material changes. Activities Under Title I Payments (pages 27-28 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state did not act as contract administrator for purchases of systems to replace punch-card machines due to potential variations in the systems desired by the counties. The secretary of state is in the process of implementing the statewide system discussed in the plan, by the applicable deadline. Planned Action: The secretary of state will implement the required statewide voter management system by January 1, 2006, through planned trainings, opportunities for all counties to voice 8 concerns, comments, and support for the system, extensive testing of the system, and on-site installation of the system in each county. Ongoing Management of HAVA Plan (page 28 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: The secretary of state conducted a meeting in November 2003 to review the standards and goals of the 2003 Montana HAVA Plan, reviewed Plan procedures at an annual convention of election officials in September 2004, and conducted meetings on March 17, 2005, and June 3, 2005 with Election Reform Advisory Committee members and county election administrators to solicit and review proposed amendments to the 2003 Montana HAVA Plan. Planned Action: June 3, 2005 was the date of the meeting of county election officials for review of the 2003 Montana HAVA Plan As Amended. The public comment period is at least 30 days, and the Plan As Amended will be published in the Federal Register. Changes from the State Plan for the Previous Fiscal Year (page 29 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: This 2003 Montana HAVA Plan As Amended is the update to the 2003 Montana HAVA Plan. Planned Action: Summaries of the 2003 successes are attached as Appendix C. The state will subject this amended plan to review by the public and will publish it in the Federal Register. Election Reform Advisory Committee and Procedures Followed by the Committee (pages 29-30 of 2003 Montana HAVA Plan) Amendments to the 2003 Montana HAVA Plan: No changes. Planned Action: The state will announce the locations where this 2003 Montana HAVA Plan As Amended is available and will again ask media groups to publish the plan or announce its availability. Additionally, as part of the Communication Plan adopted by the state we will contact the interested parties identified in that plan and advise them of the plan's availability. 9