2006 Commentary                                           Back to Commentary

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Election Day Registration is Good for Vermont - April 2006

Celebrate High School Voter Registration Week - May 2006

Investing in Archives - June 2006

Right to Know - July 2006

Testimony Before Senate Armed Services Committee - September 28, 2006

Remarks to the US Election Assistance Commission - December 7, 2006

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Opinion Editorial: April 2006
Election Day Registration is Good for Vermont
By Secretary of State Deb Markowitz

 With the legislature in full swing, and town meeting not far behind us, it is a good time to reflect upon the importance of voting to our democracy. Not only is voting a fundamental right of citizenship, but it gives us a meaningful voice in determining the direction and policies of our towns, our state and our country.   

 As Vermont’s chief elections official I take seriously my duty to work to eliminate unnecessary obstacles to voting.  One such barrier is our voter registration deadline. For this reason I have worked closely with the legislature to craft a bill that would permit voters to register at the polls on Election Day.  By eliminating Vermont’s arbitrary registration deadline we will increase voter turnout in Vermont and solve many Election Day frustrations for citizens and election officials.  

 Election Day Registration will increase voter turnout. In the last presidential election only 64% of Vermont citizens turned out.  This means 150,000 eligible Vermonters did not vote.  Organizations that study voting trends have said that one of the most important election reforms to increase voter turnout is Election Day Registration. Studies have also shown that current registration deadlines are a real barrier to voting for citizens who move frequently, are low income, less literate, or young. Not surprisingly, states with the highest voter participation in the nation all have Election Day Registration: Minnesota (77.3%), Maine (75.3%), Wisconsin (73.9%) and New Hampshire (71.9%). 

 Election Day Registration will solve Election Day problems. Every election we field calls from Vermonters who are refused an opportunity to vote because their names are not on the voter registration checklist. This town meeting day was no different:  One caller did not realize that he had to register by noon on the Monday before the election; another caller was surprised to find out that she needed to register fresh in the town where she had recently moved.  Our elections office estimates that during the last Presidential election nearly 1000 Vermonters arrived at the polls to find that their names were not on the voter-checklist.  Figuring out what went wrong, and whether there is a solution for the voter can be time consuming, discriminatory, and upsetting for voters and for election officials. Election Day registration would provide an immediate and positive solution for these Vermonters.

 Vermont’s proposed law is crafted to prevent voter fraud.   While it should be easy to vote, it should also be difficult to cheat.  For that reason, the legislative proposal under consideration includes safeguards to ensure that Election Day Registration does not lead to voter fraud. These include requiring people who wish to register to vote at the polls to show identification that links the voter to the community, requiring a signed statement making it clear it is against the law to vote in more than one location or where you don’t live.  Finally, clerks will report the names of voters who register and vote on the same day to the elections office. Using our new statewide voter registration database we will be able to provide a certainty that people who vote in more than one location in the state will be caught and prosecuted. 

 At a forum on democracy, one idealistic young woman said “Voting is power. Voting makes the difference between complaining about the governmental system and being an active part in its reconstruction. It is the responsibility of every eligible American to vote because collectively we can transform this country.”  It is our job to eliminate unnecessary barriers so it is possible for every American to be an active participant in our democracy.  In Vermont, Election Day Registration is a great next step.  

How Election Day Registration would work:

Voters who come into the polling place and are not already registered would

1.      Complete a Vermont voter registration form including their driver license number, DMV issued Personal ID number or, if none, then the last four digits of their social security number.

2.   Take the Voter’s Oath (if not previously registered in Vermont).

3.  Present identification that shows his or her current name and address in the town in which the person is registering.

4.  Sign a sworn statement prepared by the Secretary of State’s Office that the voter is aware that it is a felony to vote in more than one location, and that voting is only permitted where one resides.

The voter’s name would then be added to the voter checklist and the voter would be given a ballot to vote.

 After the election the clerk would send a list of Election Day registrants to Secretary of State so the Secretary’s office could cross-check the names using the statewide checklist.

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Opinion Editorial: May 2006
Celebrate High School Voter Registration Week

Deborah Markowitz, Secretary of State

The Secretary of State’s office has designated the week of May 21^st – 27^th  High School Voter Registration Week.  During this week, schools across Vermont will be registering their high school seniors to vote or planning their end of the year voter registration drives.  Vermont’s town clerks and Board of Civil Authority members are helping out by making themselves available to help run the registration drives and administer the oath to eligible students.

 It’s important to register our kids to vote before they leave school.  While we take pride in the fact that Vermont has one of the strongest voter turnout rates in the country, most Vermonters don’t realize that turnout among our young adults lags behind the rest of the nation.

 Vermont’s youngest citizens are not voting.   We can only turn this problem around by giving our kids the tools to be fully participating citizens.  This means teaching them about the importance of voting to our democracy, showing them how the voting process works, and ensuring that all 18 year olds are registered to vote before they graduate from high school.

 In Vermont it is especially important for our young people to register to vote in High School. Vermont’s constitution requires a person to take a notarized voter’s oath in order to be eligible to vote. This means, for example, that a young Vermonter who is at an out of state college cannot register to vote simply by downloading a voter application form, filling it out and returning it to Vermont. As a result, many of Vermont’s young adults who forget to register and take the oath prior to leaving the state for college, the military or employment find themselves unable to vote in the November election.

 The activities surrounding the end of the school year provide a great opportunity to welcome our seniors into adulthood by registering them to vote. This spring, as we get ready to celebrate the accomplishments of our graduating classes and send them off into the world as young adults, let’s remind them about one of the most important responsibilities of our democracy -- voting. 

 For more information about High School Voter Registration Week or to download Vermont’s voter registration form visit the Secretary of State’s website govotevermont.com or call us at 800-439-8683.

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Opinion Editorial: June 2006
Investing in the Archives
Deborah Markowitz, Secretary of State

Like many Vermonters, we watched the legislature wrap up its business with a sigh of relief.  The ending days were marked with intense negotiation, difficult compromises, and, inevitably, triumphs as well as disappointments.

 While the media focused on the hot button issues of the day, like health care, energy, college scholarship programs and genetically modified seeds, many other important initiatives escaped notice. One such measure, tucked deep in the capital construction bill, was $625,000 in design funds for a new state archives and research facility to be located in Montpelier. 

 The legislature, and in particular, the two institutions committees, deserve praise for studying the space needs of the Vermont Archives and carefully crafting legislation to move forward on what will be an important investment for the state.  Commissioner Tasha Wallis and her staff at the Department of Buildings and General Services also offered key technical support and advice.

 You will probably not be surprised to learn that it has historically been a challenge for this office to get the legislature to pay attention to the State Archives.  Despite the fact that the Archive’s vault has been full for nearly a decade, it has been hard to compete with the critical need for school construction, new prisons, the state hospital and a crime lab (amongst other worthy projects.) Indeed, it took six years of steady effort; a presidential campaign and national attention on the researchers who were required to squeeze into our small space to view the Dean records; and a burst water pipe over a cracked vault, for us to finally move ahead in our efforts to get a new state archives and research facility.

 The commitment of over a half million dollars in design funds is an important step to create an archives and research facility that will allow us to better document the decisions and activities of our government. We can begin to envision a time when the archives staff can focus on managing records and not inadequate space. We can begin to contemplate how to capture records increasingly “born digital.” And we can improve our ability to make these records available to you.

 While many people view our on-line databases or visit our small reading room to find out whether we hold historic records that mention distant relatives or notable figures, the archives is more than “just” history. It holds the results of our 229 years of self government. It is not only a manifestation of our right to know about government, but also context that can inform our public discussions.  For example, since at least the 1880s the State has grappled with balancing cost savings through school consolidations with strong commitments to local schools.  At the dawn of the 20^th Century Vermonters debated how, or whether, to inform consumers if foods had been modified. In 1921 the State, seeking to keep its young adults in Vermont, provided free tuition to education students who committed to teaching in our schools for at least three years.  Understanding these early manifestations of “current” issues can provide a means for analyzing possible consequences of alternative proposals now being discussed.

 Despite our feeling of victory this year, we have not yet popped the cork on the champagne.  We still have a long way to go.  Design funds do not guarantee construction funds. But we are excited by the possibilities and we look forward to the future and the opportunities to better serve our government and our citizens.    

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Opinion Editorial: July 2006
Right to Know
Deborah Markowitz, Secretary of State

This month marks the 30^th anniversary of Vermont’s law guaranteeing the public’s access to our state and local government records. At a time when we, as a state and nation, grapple with government transparency, the protection of personal information, and the balance between security and accountability it is appropriate to pause and reflect on the importance of our right to know.   

Vermont came late to a general right of access to public records.  In 1975 Vermont was only one of three states lacking a public records act.  Since then we have made many changes to the law.  Over the last three decades the number of records exempted under the public records act has doubled and there has been a steady increase in the number of exemptions that appear elsewhere in statute. The State Archives, which is creating a database to record laws, has identified 141 such exemptions outside the records act.  

Nevertheless, there is a general desire to honor the original intent of Vermont’s public access law, and to preserve the public’s right to review the decisions and decision-making processes of government.  The extended public discussion this past year over eliminating a “deliberative process privilege” was a continuation of our commitment to government transparency. 

Is the growing number of exemptions evidence that Vermont government is becoming less transparent?  While all exemptions need constant scrutiny, the answer is more complex.  For example, concerns over privacy and identity theft have grown in recent years, leading to a number of exemptions to open records.  Post-9/11 security concerns have lead to further exemptions.   

Although we have been steadily narrowing the scope of our access to public records law we have, at the same time, seen many examples of the law achieving its purpose of enhancing accountability in the actions and decisions of government. The public records law has been used to hold public officials accountable for using public funds for their personal use, the law has been used to show that improvements needed to be made in the medical treatment of prison inmates, and the law has been used to protect the health of government employees.  Most recently (June 2006) the Vermont Supreme Court in weighing the privacy of state employee evaluations against a public interest reiterated that “our Public Records Act clearly favors the right of access, and that exceptions to this policy are to be “construed strictly against the custodians of the records and any doubts should be resolved in favor of disclosure.” 

It is interesting to observe that some of the key questions raised in the initial debates on whether Vermont should adopt the public record law remain as questions today.  For example, during the legislative debates on 1975-76 Senator Bob Gannett asked what information was it that people desired.  Can we, thirty years later, define what it is we want to know?  Do we, thirty years later, know our rights under the Public Records Act? 

Beyond general accountability and privacy concerns, the value of public records is in the range of information they contain.  Years of studies on health care, the environment, economic development and a host of other issues provide contextual information that can inform public and private decision-making.  One of the challenges confronting government is how to make that information accessible.  

From our experience, the accessibility of public information is more likely to be controlled by recordkeeping practices rather than a willful withholding of records. That the 1975 House Government Operations Committee did not leave any records on its deliberations on the public records bill is illustrative of the problem.  So are the minutes of Senate General and Military Affairs Committee which indicate that transcripts of  testimony for and against the bill “are on file,” though those transcripts were not filed with the minutes. 

It is perhaps appropriate, on the 30^th anniversary of Vermont’s public records law, that the legislature instructed the Legislative Council to do “an analysis of the ease of access and use of public records” and “to make recommendations to improve use of and access to public records” (Act 132, 2006).  The Council is seeking public comment for its analysis (Legislative Council, attn: Michael O’Grady, 115 State St., Drawer 33, Montpelier, VT 05633-5301; or by e-mail to: publicaccess@leg.state.vt.us).   

What better way to celebrate the anniversary of our FOIA law than to take the time to share your experiences and thoughts on how it is working and how it can be shaped to address the needs of Vermonters today?

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Testimony to the United States Senate Committee on Armed Services

By the Hon. Deborah L. Markowitz

Secretary of State for the State of Vermont

President of the National Association of Secretaries of State

September 28, 2006 

Thank you, Mr. Chairman and members of the Committee for giving me this opportunity to speak on behalf of the nation’s chief state election officials today.  My name is Deborah Markowitz.  I am the Vermont Secretary of State and the President of the National Association of Secretaries of State (NASS).  It is an honor to appear before you to discuss the status of military voting programs and the Federal Voting Assistance Program (FVAP). 

The members of NASS believe that the most precious right of a democracy is the right to vote, and that the members of the U.S. military are making extraordinary personal sacrifices to promote and defend democracy.  As an organization whose members include the nation’s chief state election officials, NASS is committed to improving the voting process and to making voting as simple as possible for those serving our country. 

Unfortunately, state laws regarding postmarks, late primary dates, absentee ballot deadlines and voter registration procedures often inadvertently make voting more complicated for our military voters and overseas citizens.  For years, those states with late primaries -- including Vermont -- have worked to convince our legislatures that our late primaries make it extremely difficult for us to use the U.S. mail to get election materials to military and overseas voters in time for them to vote. 

In February 2004, NASS passed a resolution urging the federal government to implement an air express ballot delivery plan that would expedite both the delivery and receipt of ballots for military and overseas voters.  It is our belief that such a plan would allow a military or overseas voter to deliver a completed ballot to a military Voting Assistance Officer or an appropriate U.S. embassy official by a deadline as close as practical to the election, and still have the ballot delivered to his or her election official no later than noon on the Friday or Monday before Election Day.  As an organization, we called on the federal government to implement this service because the Internet voting pilot project for military and overseas voters, SERVE, had just been cancelled.   

In July 2004, we called on the states to include voting information for military and overseas citizens on their state websites.  NASS also included information on our website for military and overseas citizens – including our resolution language, links to all of the states’ election websites and to voting information websites for each branch of the armed forces, as well as state-by-state surveys on issues relevant to military and overseas voters. 

While our surveys are not scientific, we do find that posting the results helps us to inform citizens about voting procedures in their state, while keeping the Secretaries abreast of what other states are doing.  Our “Single State Office and Method of Delivery for Materials” survey summary included state-by-state contact information that both the Secretaries and the general public could use to get answers to their questions about the states’ military and overseas voting practices.  The survey summary also outlined the allowable methods for submitting absentee ballot requests and for returning voter registration applications, FPCAs and completed ballots.

In the spring of 2006, we updated the survey to include the question, “What are the allowable methods for sending ballots to military and overseas voters?”   

A copy of the survey and copies of our resolutions have been included for your review.   

The Secretaries have worked in close cooperation with their legislatures to amend state laws to keep current with technological advances.  The use of email and faxing for much of the information exchanged between a voter and an election official is now allowed in most states.  However, it is important to note that most states still require the actual voted ballot be returned by mail or express delivery. 

We are eager to work with the federal agencies that have been established to assist military and overseas voters.  Over the years, the states have worked closely with the Federal Voting Assistance Program (FVAP) on various pilot programs, including the 2000 Internet Voting project, 2004 SERVE project, Expedited Postal Programs and now IVAS.  NASS is working with the Federal Voting Assistance Program (FVAP) to determine how best to improve communication between federal, state and local governments.  NASS staff members provide regular updates to the Secretaries by sending out email notices and summaries about programs at the federal level.  Unlike federal agencies, the association isn’t constricted by federal laws governing written communications, so NASS is able to give its members advance notice of deadlines and official communications that will be arriving via US mail from federal agencies like FVAP, the U.S. Election Assistance Commission (EAC) and U.S. Department of Health and Human Services (HHS).  In addition to email communications and updates, NASS also invites the federal agencies to present their programs at our winter and summer conferences each year.   

We are very excited about the IVAS initiatives FVAP is implementing for the November 2006 elections.  The challenge we all face is timing.  In order for any program to be successful, it must be implemented effectively, but it must also be implemented early.  The states need time to put the proper procedures (and in some cases new laws) in place and time to notify and train local election officials.  Our local election officials will be responsible for ensuring that any new election practice is successfully implemented.   

We also share responsibility with the FVAP for making military and overseas voters aware of the new services available to them.  The states and localities that are able to implement some or all of the initiatives this year will be a tremendous resource for those who will follow them.  We all look forward to building on the success of the programs being utilized this year.   

In Vermont we have worked hard to make in possible for our overseas and military voters to participate.  We have found ways to be flexible, within the context of our state laws, so that ballots can be faxed or e-mailed overseas so that there can be a great chance of them being voted and then returned to Vermont by Election Day so that they can be counted.  We have a special page on our website for overseas and military voters so that they can have easy access to all the information they need to register and vote by mail, and we are very happy to be participating in the new IVAS project to accept automated FPCAs. 

Looking into the future we are hoping that technology will provide additional solutions to permit our service men and women, and our overseas citizens to vote easily and quickly.  This year, in Vermont, we are using the IVS Vote-By-Phone system to permit voters with disabilities to vote privately and independently at our polling places.  This system permits a voter to use the telephone keypad to mark a paper ballot which is printed out in our Elections Center, and which can then be counted with the rest of the ballots on Election Day.  I believe that this technology holds great promise for use by our overseas and military voters.  We have encouraged the FVAP to consider whether this innovative technology could be broadly deployed to solve what is a serious problem for our service men and women and for our overseas citizens. 

Mr. Chairman and members of the Committee, I thank you again for the invitation to speak here today.  If I or NASS can be of any assistance on the issues we’ve discussed, I hope you won’t hesitate to call on us.                       

 

 

 

 

Military and Overseas Citizens Voting Assistance Resolution

Adopted February 15, 2004 

WHEREAS, the U.S. Department of Defense has cancelled the military and overseas citizen Internet voting project for the 2004 election; and 

WHEREAS, mail from military members and U.S. citizens stationed overseas often takes up to three weeks for delivery; and  

WHEREAS, military and overseas citizens, particularly those serving in areas of conflict, deserve a system that can deliver their completed ballots in a timely manner; 

NOW THEREFORE BE IT RESOLVED, that the National Association of Secretaries of State (NASS) urges the federal government to implement an air express delivery process for military and U.S. citizens stationed overseas so that voters can deliver a completed ballot to the Voting Assistance Officer on a military base or the appropriate official at a U.S. embassy by a deadline as close as practical to the election and have the ballots delivered to the voters' election officials no later than noon on the Friday (Monday) before Election Day. 

Expires at the Winter Conference 2009.

 

 

 

 

RESOLUTION ON VOTING INFORMATION FOR MILITARY AND OVERSEAS CITIZENS ON THE WEB

Adopted on July 19, 2004

 

Whereas, Uniformed Services, including the United States Armed Forces, merchant marine, commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration are serving the United States of America in many locations throughout the world today; 

Whereas, the Uniformed Services are making extraordinary personal sacrifices in service to the United States of America to promote and defend democracy; 

Whereas, the most precious right of a democracy is the right to vote;  

Whereas, the Constitution of the United States of America guarantees the right to vote to all citizens who are of legal age on election day;    

Whereas, the Help America Vote Act (HAVA) of 2002, has made significant changes to federal elections laws affecting Absentee Voting by Military Personnel and their Dependents; 

Whereas, the National Association of Secretaries of State (NASS) website provides and maintains, HAVA elections information regarding Absentee Voting to Military Personnel and their Dependents serving the United States of America;  

Whereas, the NASS website provides a link to each state’s elections web site with specific elections information regarding Absentee Voting to Military Personnel and their Dependents serving the United States of America; 

Whereas, the United States Department of Defense currently provides a safe and secure military electronic communication transmission system network to the Uniformed Services during times of war and peace; 

Whereas, a safe and secure electronic communication transmission system network is necessary to link and interact with HAVA elections information on the NASS and individual state’s elections websites regarding Absentee Voting to Military Personnel and their Dependents serving the United States of America throughout the world; 

Therefore, NASS resolves that each state’s elections website provide specific voter information regarding Absentee Voting to Military Personnel and their Dependents serving the United States of America; and further, that each state URL provide an e-mail link to the United States Department of Defense electronic communication network; and,   

Therefore, NASS requests that the United States Department of Defense communicate by e-mail throughout their electronic communication network the availability of this voter information including a hotlink to the NASS website which provides a link to each state’s elections website with specific voter information regarding Absentee Voting to Military Personnel and their Dependents serving the United States of America.  

Expires at Summer Conference 2009.

 

 

Military and Overseas Voters Survey – Single State Office and Method of Delivery for Materials

Responses as of 6-29-06

 

State	Designated Single State Office for Voting Info	Will Single State Office Receive all Materials	Methods for Absentee Ballot Requests from Military and Overseas Voters	Allowable methods for Sending Ballots to Military and Overseas Voters	Methods for Returning Voter Registration Apps  (FCPA) and Completed Ballots
AL	Elections Division Office of the Secretary of State P.O. Box 5616 Montgomery, AL  36103 334-242-7210	No. In AL the circuit clerks or their designees serve as absentee election managers.	Absentee ballot requests Hand delivery by the voter, US Mail, or in the caser of a voter who wishes to cast an emergency absentee ballot, hand delivery by the voter’s designee.	Ballots to military/overseas by hand delivery or United States mail.  See Alabama Code Section 17-10-9	Hand delivery by the voter or US mail
AK	Division of Elections Office Phone:  (907) 465-4611                              Fax:      (907) 465-3203               Website: www.elections.state.ak.us	Yes for all absentee requests; voter reg applications sent to any regional office or Director's Office	Mail, in person or fax; must be received at least 10 days before election	Ballots to military/overseas In person, by mail and by fax.	Voter Registration Apps - mail, in person or fax.                                                     Absentee Ballots - mail, in person or fax.  Ballots must be received 10 days after election day, if mailed from US; must be received 15 days after election day, if mailed outside the US.
AS	American Samoa Election Office Phone:  684-633-2522 Fax:      684-633-7116 Email:  asgelect@samoatelco.com	Yes	Absentee ballot requests  - mail and express delivery	Ballots to military/overseas U.S. mail	Voter reg apps – mail and express delivery Absentee ballots – mail and express delivery
AZ	Secretary of State’s Office Phone:  602-542-8683 Fax:  602-542-6172 Website:  www.azsos.gov	No.  If received by the state, the information is immediately forwarded to the appropriate county.	Absentee ballot requests  - phone, mail, fax, email and county website links.	Ballots to military/overseas Mail, overnight mail, fax, or by other electronic format approved by the secretary of state	Voter registration apps – mail,  fax and electronically if using www.servicearizona.com Absentee ballots – mail or fax
AR	Secretary of State’s Office/Election Div Phone:  501-682-3471 Fax:  501-682-3408 Email:  general_info@sosmail.state.ar.us Website:  www.sosweb.state.ar.us	Not exclusively of the counties.  Yes, with inclusion of the counties	Absentee ballot requests – in person, by designated bearer, by mail, by fax, by authorized agent.		Voter registration apps – by mail and in person Absentee ballots – in person, by mail, by designated bearer, by authorized agent.
CA	Secretary of State’s Office Phone:  916-657-2166 Fax:      916-653-3214 Email: mov@ss.ca.gov Webhttp://www.ss.ca.gov/elections/elections.htm	No However, the SOS office will accept applications and ballots as a backup, much as the office does for voter registration apps and forward them to appropriate county	Absentee ballot request – voter may fax application and state may fax ballot	Ballots to Military/Overseas County election officials utilize fax, overnight mail, US mail. In addition, various counties within the state have the ability to deliver ballots to MOV by email.	Voter registration apps – mail (need original signature) Absentee ballot – mail, express delivery
CO	Secretary of State’s Office Phone:  303-894-2200 Fax:  303-869-4861 Email:  elections@sos.state.co.us Website;  www.sos.state.co.us	No We strongly urge individuals to send these materials directly to their county, but we will forward if we receive them.	Absentee ballot request – voter may fax or mail request and state may fax ballot	Ballots to Military/Overseas A ballot may be provided to military and overseas voters via mail and facsimile. Military personnel that do not have access to a fax machine may receive a ballot via e-mail. However, this option is not available for the 2006 Primary Election.	Voter registration apps – must be mailed or delivered in person Absentee ballots – mail or fax
CT	Secretary of State’s Office Phone:   860-509-6100 Fax:       860-509-6127 Email:   lead@po.state.ct.us Website: www.sots.state.ct.us	No	Absentee ballot request – fax, mail, express delivery		Voter registration apps – mail, express delivery
DE	Dept of Elections for New Castle County Phone: 302-577-3464 Fax: 302-577-6545 Email: absentee@state.de.us Website: /www.state.de.us/doe_ncc/absentee_de/index.shtml	NO. Mail in voter registration applications and returned absentee ballots are sent directly to the Department of Elections in the respective county.	Absentee ballot requests By mail and by FAX.	Ballots to Military/Overseas Blank Ballots can be sent by fax NOTE: In emergencies, the Commissioner of Elections after consultation with the Governor and the Director, FVAP, may direct the use of special procedures to facilitate absentee voting by UOCAVA citizens directly affected who are eligible to vote in the State (15 DE Code, § 5524).	Voter registration apps By mail and by FAX for FPCAs and Absentee ballots by mail for completed ballots. NOTE: In emergencies, the Commissioner of Elections after consultation with the Governor and the Director, FVAP, may direct the use of special procedures to facilitate absentee voting by UOCAVA citizens directly affected who are eligible to vote in the State (15 DE Code, § 5524).
FL	Florida Division of Elections Phone:   850-245-6200 Fax:       850-245-6217 Email:  DivElections@dos.state.fl.us Website: http://election.dos.state.fl.us	No	Absentee ballot request – mail, telephone, email or fax		Voter registration apps – mailed or delivered Absentee ballots- all absentee overseas ballots, military or otherwise can be returned by mail or fax.  Non-overseas military ballots must be returned by mail.
GA	Secretary of State/Elections Office Phone:  404-656-2871 Fax:  404-651-9531 Website:   www.sos.state.ga.us	Mail in voter registration applications are sent to the elections division.  Ballots need to go directly to the county voter registration office.	Absentee ballot request – fax, mail, express delivery or hand delivery		Voter registration apps – mailed or hand delivered because it must include an original handwritten signature. Absentee ballots - mail
ID	Secretary of State’s Office Phone:  208-334-2300 Fax:      208-334-2282 Email:  elections@idsos.state.id.us Website:  www.idsos.state.id.us	No	Absentee ballot requests – any method of delivery that contains a signature including fax and email with scanned signature	Ballots to military/overseas Idaho law provides for the delivery of ballots by "mail or by other appropriate means."  In cases of emergency, the Secretary of State can prescribe special procedures (such as faxing ballots) to facilitate delivery and return of absentee ballots	Voter registration apps – any method of delivery that contains a signature including fax and email with scanned signature Absentee ballots – any method that allows return of a  ballot sealed in the envelope – fax only in extreme emergency
IL	Illinois State Board of Elections Phone:    866-513-1121 Fax:        217-782-5959 Email:  ccray@elections.il.gov Website:  www.elections.il.gov	Don’t solicit them, but will accept and send on to the appropriate election jurisdiction	Absentee ballot requests – mail, fax, email	Ballots to Military/Overseas Mail and overnight mail	Voter registration apps – mail, express delivery Absentee ballots – mail, in-person
IN	Secretary of State’s Office (Elections Div) Phone:  317-232-3939 Fax:      317-233-6793 Email:  elections@iec.state.in.us Website:  www.sos.IN.gov	State will accept voter registration applications and forward to correct county.  Absentee ballot applications must go to county, but state will forward any absentee ballots to the appropriate county.  All completed ballots must go to county	Absentee ballot requests – mail, hand delivered, in person by fax		Voter reg apps  – mail, hand delivered, in person Absentee ballots – mail, hand delivered, in person, fax, bonded express couriers and if sanctioned by the DOD, email.
IA
KS	Secretary of State’s Office Phone:  785-296-4561 or 800-262-8683 Fax:  785-291-3051 Email: kssos@kssos.org Website:  www.kssos.or	No.  However, the Secretary of State’s office will accept applications and ballots as a backup, much as the office does for voter registration apps and forward them to appropriate county.	Absentee ballot requests – mail, fax or in person		Voter registration apps- mail or in person Absentee ballots for federal services voters may be submitted by mail, fax or in person.
KY	Kentucky Board of Elections Phone:   800-246-1399 or 502-573-7100 Fax:      502-573-4369 www.elect.ky.gov	State will accept voter reg apps and forward to correct county.  All absentee ballot requests and completed ballots must go to county.	Absentee ballot requests – mail, overnight mail service, fax using DOD system, and email using DOD system.	Ballots to Military/Overseas Military - mail, fax using DOD system and email using DOD system.	Voter reg apps – mail, overnight mail service, hand deliver, fax using DOD system, email using DOD system. Absentee ballots – mail, overnight mail service.
LA	Secretary of State’s Office Elections Program Phone:  800-883-2805 Fax: 225-922-1167 elections@sos.louisiana.gov	Voter registration applications and absentee ballots should go directly to the parish registrar of voters’ office; however, the state will forward any such documents upon receipt to the appropriate parish registrar of voters	Absentee ballot request - Military personnel should check with their commanding officers who will provide the forms to request absentee ballots.  U.S. citizens residing overseas should send a request in writing to the parish registrar of voters’ offices where they are registered.  The ballots should be mailed back at no expense to them in the provided U.S. postage paid envelope.  Absentee ballot requests may be submitted by mail, facsimile (fax), or in person.		Voter registration apps - mail, hand delivery or fax only from a member of the military or a person residing outside of the United States. Absentee Ballots Ballots for military personnel and U.S. citizens residing overseas must be received by the parish registrar of voters’ office no later than 4:00pm on Election Day.  They may be received by mail, in person , express delivery or fax.
ME	Secretary of State’s Office/Elections Div Phone:  207-624-7650 Fax:  207-287-6545 Email:  cec.elections@maine.gov Website:  www.maine.gov/sos/cec/elec/	No	Absentee Ballot Requests – mail, fax, hand delivery, express delivery and by telephone		Voter registration apps – mail, hand delivery, express delivery (need original signature) Absentee ballots – mail, hand delivery, express delivery, by fax only in emergency situations as authorized by SOS.
MD	State Board of Elections Phone:  410-269-2840 Fax:      410-974-2019 Website:  www.elections.state.md.us	State will accept voter registration applications and forward to correct county.	Absentee Ballot Requests – mail, express delivery, and fax – but must be received at least 7 days prior to election or must be done in person.	Deliver Ballots to Military/Overseas Mail and fax and overnight mail at the expense of the voter	Voter reg apps – mail and express delivery because need an original signature. Absentee ballots –mail and express delivery can be used as long as it meets the definition of “timely” (if the ballot was: (1)mailed before election day; and (2) received by USPS or private mail carrier by 10am on the 2nd Wednesday after the gubernatorial primary election or 10am on the 2nd Friday after other elections.
MA
MI
MN	Secretary of State’s Office 651-296-2079 651-215-0682 Email:  secretary.state@state.mn.us Website:  www.sos.state.mn.us	MN statutes directs that absentee ballot applications be submitted to the County Auditor where the voter last maintained residence.  However, also says that if an application is received by the SOS, it will be forwarded immediately to the appropriate county.	Absentee ballot requests –(via FPCA or state military application) – mail (regular, express), fax, email (scanned copy – pending legislation)	Deliver ballots to Military/Overseas MN statute provides that ballot, instructions and return envelopes shall be sent by first class mail to addresses within the cont. US and by airmail to addresses outside the US.  Any special services provided by the US Govt. for the mailing of voting materials made be made use of.	Voter registration apps – voters covered under UOCAVA are not required to register Absentee ballots – regular mail, express mail
MS	Secretary of State’s Office, Elections Division Phone:   800-829-6786 Fax:       601-359-1499 Website: www.sos.state.ms.us	This office will not receive all voting materials.  We will coordinate absentee applications and ballots transmitted by email.  All other materials should be transmitted directly to Registrars.	Absentee ballot requests – in person, mail, fax, email using FPCA	Deliver ballots to  Military/Overseas Mail, fax and email	Absentee ballots – in person, mail, fax or email using athe FPCA.
MO	Secretary of State’s Office Phone    573-751-2301 Fax:      573-526-3242 Email:  elections@sos.mo.gov Website:  www.sos.mo.gov	No	Absentee ballot requests – mail, overnight delivery, fax		Voter registration apps – mail, overnight delivery Absentee ballots – mail, overnight delivery, or for persons in the federal service, when sent from a location determined by the Secretary of State to be inaccessible on election day, shall be allowed to return their absentee ballot cast by fax or under a program approved by the DOD for electronic transmission of election materials.
MT	Secretary of State’s Office Phone:  406-444-5346 Fax:  406-444-2023 Email:  soselection@mt.gov Website:  sos.mt.gov	Don’t solicit them, but will accept and send on to the appropriate election jurisdiction.	Absentee ballot request – mail, telephone, fax or email if available in the county	Deliver Ballots to Military/Overseas Counties deliver ballots and will deliver by any method available and approved by county.  State law allows ballots to be sent by mail, overnight mail, fax or electronically if facilities are available.	Voter Registration apps – mail, fax or email if available in the county Absentee ballots – mail, fax or email if available in the county.
NE	Secretary of State’s Office Phone:    402-471-2555 Fax:        402-471-7834 Email: ElectionsTabulation@sos.ne.gov Website:  www.sos.state.ne.us	No	Absentee ballot requests – mail,  fax State can now also fax absentee ballots to military and overseas voters.	Deliver Ballots to Military/Overseas Mail, overnight mail and fax transmission	Voter Reg apps –mail, FPCA is accepted by fax. Absentee ballots - mail
NV
NH	Secretary of State's Office (Elections Div) Phone:   603-271-3242. Fax:       603-271-6316. Email: elections@state.nh.us/sos Website: www.sos.nh.gov	No	Voter reg requests – fax Absentee ballot request - fax		Voter reg – mail Absentee ballots – mail
NJ
NM	Secretary of State’s Office 800-477-3632 505-827-8403 Email:  denise.lamb@state.nm.us Website:  www.sos.state.nm.us	No	Absentee ballot requests – fax		Voter reg – fax Absentee ballots – fax, but voter must sign an affidavit waiving secrecy of ballot
NY
NC	State Board of Elections Phone:    919-733-7173 Fax:        919-715-0351 Website:  www.sboe.state.nc.us	The State Board has a plan in place since 2002 for the electronic transmission of the valid voter registration apps, absentee ballot requests and absentee ballots.	Absentee ballot requests – fax, email, snail mail	Deliver Ballots to Military/Overseas Voters Transmit ballot to absentee military voter via fax or mail.  Overseas citizen can receive only by mail.	Voter registration apps – fax, email, snail mail Absentee ballots – fax, email, snail mail, commercial courier
ND	Secretary of State’s Office Phone:    701-328-4146 Fax:        701-328-1690 Email:  loliver@state.nd.us Website: www.state.nd.us/sec/	No	Absentee ballot requests – fax, mail, email, express delivery	Deliver Ballots to Military/Overseas Mail, fax, email attachment	Voter reg – no voter registration in ND. Absentee ballots – mail, fax or email attachment
OH
OK	Oklahoma State Election Board Phone:   405-521-2391 Fax:       405-521-6457 Email:  elections@oklaosf.state.ok.us Website: www.elections.state.ok.us	State accepted materials on behalf of counties prior to HAVA and will continue after HAVA.  For dating purposes, receipt at the state is the same as receipt at the county.	Absentee ballot request – mail, fax and state can fax ballot to voter		Voter reg – state does not require registration for military and overseas voters.  The FPCA (or a letter with same info) is treated as a request for absentee ballots. Absentee ballots – mail, private mail (delivery) service if such service provides delivery documentation and fax only if transit time is insufficient for U.S. mail
OR	Secretary of State/Elections Division Phone:  503-986-1518 Fax:  503-373-7414 Elections-division@sosinet.sos.state.or.us www.sos.state.or.us/elections/elechp.htm	No	Absentee ballot request – any method of delivery that contains a signature, including fax		Voter registration apps – mail, hand delivered in person Absentee ballots – mail, hand delivered in person
PA	Bureau of Commissions, Elections and Legislation Phone:    717-787-5280 Fax:        717-787-2854 Website:  www.dos.state.pa	No	Absentee ballot requests – fax followed by mail and express delivery		Voter registration apps – mail, personal delivery and express delivery.
RI	Secretary of State’s Office Phone:   401-222-2340 Fax:       401-222-1444 Email:   elections@sec.state.ri.us Website: www.state.ri.us/elections	State passed law in 2003 that required SOS office to coordinate all HAVA responsibilities.  Also provided that all electronic FPCA’s go directly to SOS.  All other mail ballot applications and FPCA’s go to locals	Absentee ballot request- can use FPCA form and fax or can use regular state mail ballot, but that must be mailed.		Voter reg – state does not require registration for UOCAVA voters.  If choose to register, voters can use form on website or the national form and can mail.  Also can use FPCA form and fax. Absentee ballots – state mails ballots and faxes FCPA ballot requests. All mail ballots must be mailed or delivered to state by 9pm on election night.  Exception – those voters who faxed FPCA can also fax back completed ballot by 9pm on election night.
SC	State Election Commission Phone:   803-734-9060 Fax:  803-734-9366 Website:  www.state.sc.us/scsec	No	Absentee ballot requests – call, fax, or write their county voter registration office		Voter registration apps – mail or fax, but if faxed, must also send hard copy with original signature.  Absentee ballots – military in areas of declared war may fax ballots to county voter registration office.  Otherwise, overseas and other military may mail completed ballots.
SD	Secretary of State’s Office Phone:   605-773-3537 Fax:      605-773-6580 Email: sdsos@state.sd.us Website: www.sdsos.gov	No	Absentee ballot requests- mail or express delivery		Voter reg apps– mail or express delivery Absentee ballots – mail or express delivery
TN	State Coordinator of Elections Office Phone:  615-741-7956 Fax:  615-741-1278 Email:  Tennessee.elections@state.tn.us Website:  www.state.tn.us/election.htm	No	Absentee ballot requests – fax or mail	Ballots to Military/Overseas U.S. mail.  County can overnight at voter expense	Voter reg apps - mail Absentee ballots - mail
TX	Secretary of State’s Office (Elections Div) Phone:  800-252-VOTE Fax:      512-475-2811 Fax Website: www.sos.state.tx.us	No	Absentee ballot requests – FPCA’s may be received by fax or mail		Voter reg apps – Federal Postcard Applications can be faxed or mailed Absentee ballots – generally have to be returned by mail, but a military voter serving in a combat or hazardous duty zone may return ballot by fax.
UT	Office of the Lieutenant Governor Phone:  801-538-1041 Fax:  801-538-1133 Email:  elections@utah.gov Website:  www.elections.utah.gov	No	Absentee ballot requests – Fax, phone, website, email, mail		Voter reg apps – fax at the discretion of the county clerk Absentee ballots – fax at the discretion of the county clerk, ballots must be clearly postmarked before election day.
VT	Secretary of State’s Office Phone:   802-828-2363 Fax:       802-828-5171 Email:  dcrossman@sec.state.vt.us Website:  www.sec.state.vt.us	Yes – for military and overseas voters – not for persons currently residing in VT	Absentee ballot requests – applications and ballot requests can be done by fax, mail, email, express delivery and telephone.  Ballots can be sent to the voter by mail, express delivery or fax	Ballots to military/overseas a ballot can be sent to military or overseas voters by mail, special delivery (overnight mail, fed ex, DHL, UPS etc-- if the voter or someone pays for it) or by fax.	Voter reg apps- mail, express delivery Absentee ballots – mail or express delivery in an inside envelope with a certificate (sent by the state) signed and affixed to the inside of the envelope
VA	Virginia State Board of Elections Uniformed and Overseas Citizen Voting Coordinator Phone:  804-864-8932 Fax:      804-786-2045 Email:   Vickie.Williams@sbe.virginia.gov Website:     www.sbe.state.va.us	No	Absentee ballot requests – mail, fax, email attachment or in person.  Federal Post Card Applications and Virginia State Absentee Ballot applications available4 in a PDF format on Virginia’s website.	Ballots to military/overseas Allows for the transmission of ballots by email or fax to a qualified military and/or overseas VA voter who has requested it.  However the voter is still required to print out the ballot and oath complete them in the specified manner and return them by mail to the specific electoral board. This program has two components.  The Emergency Program allows for Active duty uniformed service members serving overseas or living outside the Continental US to receive their ballot electronically (fax or email attachment) The Pilot Program allows for all other overseas citizens living and working overseas to receive their ballot electronically (fax or email attachment).  The Pilot Program is limited to counties or cities which have established central absentee voter election districts and whose electoral board opts in to the pilot.  The applicant is encouraged to apply to have their ballot electronically transmitted.	Voter registration apps – mail, in person or thru a designed voter registration agency Absentee ballots – in person, mail or commercial delivery at his or her own expense.
WA	Secretary of State’s Office Phone:    800-448-4881 or 360-902-4180 Fax:        360-664-4619 Email:  elections@secstate.wa.gov Website: www.secstate.wa.gov	Yes and No.  SOS is the recipient for accepting all valid voter registration apps and often receives absentee ballot requests, but they are forwarded on to counties for processing.  Continue to inform voters to send their requests and completed ballots directly to counties	Absentee ballot requests – email, fax, mail, fed ex	Ballots to military/overseas Currently, one or more counties deliver blank ballots upon request by email, fax, overnight mail, and by posting a sample ballot on a web site.	Voter registration apps – can be returned by mail, in-person or through designated registration agency   Absentee ballots – mail or other delivery which allows for a signature on the oath and a postmark or sent date of election day or earlier.  A voter can choose electronic trans but the original must follow within 7 days.  Electronic transmission requires the ballot be duplicated in order to be tabulated.
WV	WV Secretary of State’s Office Elections Division 1900 Kanawha Blvd. East Charleston, WV  25305	No	Absentee ballot requests – Application can be sent by mail, fax and email	Ballots to military/overseas Mail, hand delivery	Voter registration apps –hand and mail Absentee ballots – hand and mail
WI	Wisconsin State Elections Board Phone:  608-266-8005, 866-VOTEWIS Fax:      608-267-0500 Email:  seb@seb.state.wi.us Website:  http;://elections.state.wi.us	No	Absentee ballot requests – fax, mail and state can send ballot by fax or email	Ballots to military/overseas Sends blank ballots 90 days before primary and general to military and overseas voters via mail and will fax and email upon request.  Also have an email program for national guard currently deployed.	Voter reg apps – fax, mail Absentee ballots – mail
WY	Secretary of State’s Office Phone:  307-777-7186 Fax:  307-777-7640 Email:  elections@state.wy.us Website:  http://soswy.state.wy.us	No, but the state will forward all requests to the appropriate county clerk.	Absentee ballot requests – any method – email, fax, mail, etc		Voter registration applications – mail Absentee ballots - mail
DC	DC Board of Elections and Ethics Phone:  202-727-2525 Fax:  202-347-2648 Website:  www.dcboee.org	Yes	Absentee ballot requests – mail, fax		Voter registration apps – Overseas voters return by mail Absentee ballots – mail, military may return by fax if they state the reason preventing them from mailing a voted ballot within the 45-day period and waive their right to a secret ballot.  Pending regulations will extend the right to fax a ballot to all overseas voters.

Compiled by the National Association of Secretaries of State

 

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Statement by Vermont Secretary of State Deborah Markowitz, President of the

National Association of Secretaries of State 

As Delivered to the U.S. Election Assistance Commission December 7, 2006 

 

INTRODUCTION 

Mr. Chairman, Commissioners, thank you for the invitation to speak here today on behalf of the Secretaries of State.  As the president of the National Association of Secretaries of State, I am honored to represent my fellow chief state election officials.   

I am happy to report that this year’s midterm elections went well overall for many of my colleagues nationwide.  Legal challenges haven’t been filed in large numbers as predicted.  Election officials have been working over the last few weeks to verify vote totals in close races and determine the outcomes in a fair and impartial manner.   

Unfortunately, not every jurisdiction enjoyed the same levels of success: 

• Votes were lost in some jurisdictions;
• Some of the new electronic voting equipment malfunctioned;
• Not every statewide voter registration database worked as expected; and
• A handful of voting equipment vendors failed to provide the support they promised.

Where problems did occur, state election officials moved quickly to resolve them as best they could, and their focus now is on preventing them in the future.  It’s important to recognize though that, in general, predictions of Election Day chaos were overblown. 

INACCURATE PREDICTIONS 

Before Election Day, many academics, pundits and election specialists predicted widespread voting problems that did not materialize.  There were only sporadic voting equipment malfunctions.  The majority of voters did not have trouble understanding new identification requirements, using new voting equipment or finding new polling places.  Poll workers, for the most part, managed their polling places well on Election Day.    

There were fewer calls than expected to special interest groups’ voter “trouble” hotlines – toll free numbers intended to be used by voters to ask questions or report problems.  Twice as many people visited the NASS voter education website, www.canivote.org, on Election Day as called all of the voter hotlines combined.    

In fact, most of the voter confusion predicted was avoided thanks to proactive voter education efforts conducted by the states and the National Association of Secretaries of State.  The NASS voter education website helped prepare voters to cast their ballots on Election Day by answering their questions about voter ID and helping them to locate their polling places and to find out whether or not they were registered to vote. 

TURNOUT and VOTER CONFIDENCE

Voters nationwide demonstrated their confidence in the system by turning out in larger numbers than during 2002: more than 40 percent according to the Center for the Study of the American Electorate.  And according to the nonpartisan group Young Voter Strategies, turnout among 18 to 29-year-olds increased by 25 percent. 

After casting their ballots, voters expressed a high level of confidence in the way the election was being administered.  According to a CNN exit poll, 87 percent of voters reported that they were confident that their votes would be counted accurately.   

PROBLEMS and SOLUTIONS 

For the most part, jurisdictions that encountered setbacks dealt with them quickly and effectively.  Local election officials in Georgia, Illinois, Indiana, Pennsylvania and South Carolina kept polling places open late to compensate for minor delays caused by new voting equipment.  In Denver, Colorado, voters encountered long lines after power outages and equipment malfunctions, but everyone who was in line to vote before polling places closed had the opportunity to cast a ballot.  

In Washington, a state that experienced a lengthy recount after its 2004 gubernatorial election, elections were virtually problem-free despite the fact that state and local election workers were responsible for implementing 351 election-related rule changes.   

Many of the voting equipment glitches we saw this year were the result of election workers’ inexperience with brand new, high-tech equipment.  The technology and training must be fine-tuned, with help from the vendors, in order to avoid problems in future elections.  Each state will work with their vendors to determine the best way to improve the machines and processes, and the NASS Elections Committee will also address the issues at future NASS conferences.   

FUTURE CHALLENGES  

An overwhelming majority of the states fulfilled the Help America Vote Act’s mandates before this year’s midterm elections, despite the fact that Congress has still not appropriated $800 million of the money promised to the states to pay for the election reforms.  But the outstanding $800 million will have an impact.  If HAVA is not fully funded, soft expenditures like voter education initiatives and poll worker training programs will likely be the areas that suffer most. The states may be forced to rely on outside groups like NASS and other nonprofit, nonpartisan organizations to continue these efforts. In the absence of federal funds, financing for the work will have to come from philanthropic groups and other appropriate grant programs.   

CONCLUSION

Back in February of 2006, the Secretaries of State reaffirmed our determination and commitment to ensuring that all eligible voters can register and vote, and that all votes are counted accurately and fairly in each and every election.  Reports of this year’s election administration successes confirm overall that we have fulfilled our promise to administer free and fair elections – although there is still more work to be done.   

In the coming weeks and months, we will continue to direct election administration and reform in our states in the manner in which we resolved to do.  Practices will be examined at the state level and the states, not the federal government, will determine what solutions are best for their elections.  The states will decide how to balance security and transparency requirements with their ability to conduct recounts.   

Elections were arguably run more effectively this year than they have been in some time, but better elections aren’t good enough.  The Secretaries of State will continue to improve elections to make the system the best it can be.  We look forward to working with our staff members, local election officials and the U.S. Election Assistance Commission to continue to improve elections administration across the country.   

Mr. Chairman, Commissioners, thank you again for giving me the opportunity to represent NASS here today and thank you for your work to help us continue to improve elections. 

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