Civil Rights Commission Has Hearing to Assess Election Reform
Feature Story by civilrights.org staff - 4/28/2004
In addressing America's need for updated and consistent electronic voting technology, the U.S. Commission on Civil Rights brought together technology experts and civil rights advocates, asking the question, "Is America ready to vote?"The hearing, which took place on April 9, was part of the government's responsibility to ensure that voters not be disenfranchised in the November 2004 election. By eliminating discrimination and ensuring that every vote is counted, the Commission says it hopes to improve voter confidence and accessibility.
"We owe it ourselves and our future to have robust, well designed election systems to preserve the bedrock of our democracy," said Commission Chairperson Mary Frances Berry.
After the 2000 election, the Commission led an extensive investigation into the disenfranchisement of Florida voters, and found vast irregularity in voting procedures. To seek fairness, Congress passed -- and President Bush signed -- the Help America Vote Act of 2002 (HAVA).
HAVA authorizes funding for reform in voter registration, voter education, voter accessibility, and outdated or inaccurate voting equipment. The answer to outdated and inaccurate voting machines has been direct recording electronic (DRE) machines, which research shows have an error rate of only 1.5 percent, as opposed to 6.3 percent of all ballots cast.
"Newer systems, particularly direct recording electronic (DRE) or touch screen machines, have many advantages over older systems, and we believe that these machines are going to be very helpful in ensuring that more votes are accurately counted," Wade Henderson, executive director of Leadership Conference on Civil Rights (LCCR), said in his testimony to the Commission.
HAVA, under Section 301, establishes minimum standards for equipment, including permitting voters to verify their ballots before casting a vote, which would provide an opportunity for voters to change their vote before casting. Although paper-based voter verification systems, such as "voter verified paper trials" (VVPT), provide a form of verification in addition to DRE machines, they also could undermine the secrecy of ballots.
Henderson acknowledged the controversy of paper trails.
"While the arguments in their favor may sound appealing, VVPT systems do raise concerns, particularly given the long history of lost, mangled, and manipulated paper ballots, as well as the difficulty of recounting paper ballots accurately," he said. He continued to say, "VVPTs are not certified, and it is simply unrealistic to expect they could be certified in the time for 2004 election."
The success of new technology, such as DRE machines, also is due to their accessibility to voters with disabilities and voters with limited English proficiency. The new machines allow individuals in these groups to cast their votes with no assistance.
Jim Dickson, vice president of the American Association of People with Disabilities, testified that for the first time in 36 years of voting, he was able to cast a private vote using DRE machines.
"[The] idea that paper be added to machinery is harmful to our election," he said, referring to his personal experience with embarrassment and harassment using paper ballots.
As part of efforts to ensure that votes are cast and counted properly by the newer systems, Henderson said LCCR has three important principles to guide upgrades to voting systems: 1) the need for non-discriminatory systems, 2) "second-chance" voting and voter verification capability, and 3) compliance with national certification standards. The policy statement points out, however, that such issues are extremely technical and must be addressed, as required by HAVA, by the newly-formed Election Assistance Commission and another agency, the National Institute of Standards and Technology.
"While significant progress has been made nationwide, there are still areas in which more must be done to ensure that every eligible American can vote and that every vote will be accurately counted," Chairperson Berry said.
Due to challenges, Henderson concluded that any reforms must be monitored thoroughly.
"These measures, however, must be consistent with important civil rights principles, and, equally important, they must not divert our attention away from a number of other critical issues that have had - and will continue to have - a drastic impact on the right to vote," he said.
