ERC RFP Response HAVA detail follow-up

["Joe Pezzillo" <jpezzillo@xxxxxxxxx>]

I sent the following to the RFP responding members of the ERC whose e- 
mail addresses I spared here. -Joe

----------

Greetings!

Thank you for your detailed and strongly worded response to the  
Clerk's office regarding the unwise proposed purchase of DREs.

One important detail I wanted to make sure that you were aware of is  
that HAVA _does not_ require that a machine be used to provide over-  
and undervote prevention. You may have been misled to believe this  
was the case.

Here's a link to the full text of the law, and then an excerpt of the  
relevant section.

http://www.fec.gov/hava/law_ext.txt

TITLE III--Subtitle A--SEC. 301.

(B) A State or jurisdiction that uses a paper ballot
                voting system, a punch card voting system, or a central
                count voting system (including mail-in absentee ballots
                and mail-in ballots), may meet the requirements of
                subparagraph (A)(iii) by--

[[Page 116 STAT. 1705]]

                          (i) establishing a voter education program
                      specific to that voting system that notifies each
                      voter of the effect of casting multiple votes for
                      an office; and
                          (ii) providing the voter with instructions on
                      how to correct the ballot before it is cast and
                      counted (including instructions on how to correct
                      the error through the issuance of a replacement
                      ballot if the voter was otherwise unable to  
change
                      the ballot or correct any error).


It is entirely legal under HAVA to simply provide good voter  
education, a device is not mandated. Note that the language implies  
that even punch card systems may be used.

Thanks for your consideration of this detail, and your concern about  
this important issue.

Joe

Joe Pezzillo
PO Box J
Boulder, CO 80306 USA
jpezzillo@xxxxxxxxx
303-938-8850