Sep 20 2006
Federal elections are one of the few areas where Congress has historically bowed to the Constitutional division of federal and state powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (10th Amendment).
However, in 2002, Congress interjected the federal government into how states conduct federal elections when it passed the Help America Vote Act (HAVA - Public Law 107-252). Among other things, HAVA provides funds for States to replace punch card voting systems and other resources for improving federal election administration. The US Election Assistance Commission (EAC), established by HAVA, is to provide information and guidance about laws, procedures, and technologies affecting Federal election administration.
The US voting system is incredibly complex. The Financial Times notes that "8,000 separate election authorities [are] managing approximately 175,000 polling places and perhaps as many as 150,000 different ballot forms."
In 2003, Congress appropriated $1.5 billion for HAVA; most was to be administered by EAC. However, the funds languished because President Bush did not make nominations until October, and the Senate did not confirm nominations until December 2003; the law had required that EAC be in place by 26 Feb. 2003.
EAC was hobbled by the delay in its organization and underfunding (FY2004 budget: $ 1.2 million). Congress had asked for a report on human factor research --including usability and human-computer/machine interaction, that could be applied to voting products and system design to ensure usability and accuracy -- not later than one year after the date of enactment of the HAVA [October 29, 2003]. This deadline was not met; EAC issued a report on 29 April 2004.
Also, in its 2004 budget, Congress again allocated $1.5 billion to fund HAVA. By mid-January, 2004, the EAC had no permanent offices or budget, even though it must publish state election reform plans in the Federal Register before being able to disburse money for new voting equipment to the states.
EAC commissioners are Gracia Hillman, chair, former executive director of the League of Women Voters of the United States; Paul DeGregorio, vice chair, International Foundation for Election Systems; Ray Martinez, an Austin lawyer; and Donetta Davidson, formerly Colorado Secretary of State, who replaced (no date given on the EAC website) DeForest Soaries, the former New Jersey Secretary of State who is also a Baptist minister who endorsed the administration's "faith-based initiatives."
See eVoting Flawed, Voter Identification Requirements
