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© Copyright 2008 League of Women Voters of Minnesota.
All rights reserved.

Letter to SOS Kiffmeyer regarding the
Help America Vote Act (HAVA)

July 7, 2003

The Honorable Mary Kiffmeyer
Minnesota Secretary of State
180 State Office Building
100 Martin Luther King Boulevard
St. Paul, MN  55155

Dear Secretary Kiffmeyer,

The League of Women Voters of Minnesota (The League) would like to thank you for inviting us to be part of the process as Minnesota undertakes what will hopefully be an historic move forward toward more and better voter participation.  In our State Plan Committee meetings, you made it clear that you plan to involve the members of the Committee in the future and we look forward to a continued and growing opportunity to work on issues surrounding voting and democracy in Minnesota.  The League certainly hopes to be able to contribute its nearly 100 years of voter education experience to the work that is being done.

As we have read through the proposed State Plan we see great potential.  But, we also see where there is need for more detail and also the opportunity to establish collaborative work on important matters facing the state.  The following are points we hope you will consider seriously as you look to create the final version of the State Plan:

  1. Section 1.1 discusses voting systems.  The League encourages you to establish an authorized workgroup that would have significant input on this matter.  As you know, there is much educated debate about new voting systems and what sort of auditing capacity these systems should have.  While the League does not believe that an individual paper confirmation is necessary for all voting systems, we do want to ensure that all voting systems in Minnesota have an individual audit capacity for the purposes of recounts and authentication of elections.

    This workgroup should also ensure that:

    • any voting systems purchased and implemented by Minnesota have the capacity to be flexible in the support of varying ballot types (including ranked and cumulative voting)
    • voting systems are tested randomly before, during and after the elections
    • the systems will "alert" voters if they have over voted or under voted and give them an opportunity to fix the ballot
    • that the systems are accessible to all; and, that the systems store multiple copies of information.
  2. Section 1.2 allows your office to adopt standards to define what constitutes a vote for each system.  The League believes this should also be left to the above mentioned workgroup and then adopted by the Legislature for any voting systems not currently in use under Minnesota law.  This would ensure that the system for defining a vote has the backing of all Minnesotans and isn't open to partisan wrangling in an after-the-fact election scenario.  This group should also be in control of ballot creation, and not leave that to the voting system manufacturers.
  3. Section 1.4 discusses the fact that Minnesota is exempt from the provisional voting requirements because of our election-day registration option.  Because of this, the League feels it unnecessary for your office to create new procedures to deal with after-hours voting.
  4. Section 1.5 does not provide specifics on what will be in the required information to be available on Election Day.  This should be defined in the Plan to ensure that Minnesota knows what to expect when it goes to the polls.
  5. Section 1.6 and the implementation of a Statewide Voter Registration System is an extremely important part of the Plan.  You have stated that you are considering creating a workgroup on this issue and The League supports this position.  The workgroup should be authorized to make the decisions necessary to implement this Registration System making sure that the workgroup considers things like how to stop individuals from being purged from the voter lists unless there is an exact match of voter information and ensuring voters can still vote if they are in the wrong place due to a late change in the polling place, etc.
  6. Section 3.1 and Voter Education is also an area you have stated you may create a workgroup.  The League again agrees with this decision and supports the workgroup being overseeing the implementation.
  7. Section 3.3 training of Election Judges should also have an authorized and responsible workgroup.  This workgroup should not be limited to helping with training regarding disabilities, but should consider all facets of Election Judge training and recruitment.
  8. Section 4.2 allows the your office to create voting systems standards.  The League feels this is an important issue that requires the "buy-in" of the Legislature.  These standards should be either enacted by the Legislature, or adopted as a formal Administrative Procedure.
  9. Sections 2.1, 6.3, 8, 10 and 11 encourage the creation of an authorized and responsible Oversight Committee on the State Plan.  This Committee should help to implement and monitor the ongoing work of the State Plan and allow for outside accountability of those who are doing the work.  This Committee, as well as the workgroups mentioned above, should not be formed merely to analyze, identify and clarify the work effort.  Rather, they should be formed and authorized to create and oversee the work of the Plan.  This Plan was created in the interests of Minnesota and no one state office should have to be responsible for both doing the work and watching for hidden pitfalls.

The League understands that your office and the offices of the many counties, cities and local governments around the State must carry out the work of the Plan.  However, HAVA provides an unprecedented opportunity to get the many stakeholders in the process of elections involved in the Plan.  From idea generation to practical rules for implementation, your office has a great pool of knowledge from which it can get help for this work.  The workgroups should be authorized to do the planning and the Oversight Committee can be there to help ensure that the work is being carried out effectively and efficiently.

This truly is an historic time for elections in the United States.  And, the League of Women Voters of Minnesota is hopeful that Minnesota's long history of open, documented elections, fair and expansive voter registration and progressive thinking regarding election processes will continue to be implemented with this Plan.  Again, we appreciate your asking The League, and others, to join you in this work.  We look forward to seeing the work of HAVA come to fruition in Minnesota through this State Plan.

Sincerely,
Helen Palmer
LWVMN President


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