April 26, 2004
April 26, 2004
LANSING – While expressing deep reservations with legislation designed to bring Michigan into compliance with the federal Help America Vote Act (HAVA), Governor Jennifer M. Granholm today signed into law Senate Bill 432 (PA 92 of 2004).
"With just over three months until the August primary, Michigan must take some formal action now to move toward compliance with HAVA," Granholm said in a written message to the Michigan Senate. "While I wholeheartedly support some aspects of this legislation, in particular its laudable requirements providing disabled voters with equal access to the voting process, I am concerned that this bill may fail to bring Michigan into full compliance with HAVA, and am disappointed that the Legislature failed to seize the opportunity to maintain Michigan’s national leadership role in election reform and, instead, chose only minimal steps to comply with federal mandates."
Granholm noted that under HAVA, Michigan is eligible to receive approximately $80 million dollars in federal funding to upgrade election processes and systems. Most of that federal funding will be used to upgrade election equipment, including eliminating punch-card voting systems and lever voting machines in time for elections in 2006.
However, as the Governor noted and despite assertions to the contrary, eligibility for federal funding under HAVA is not connected to the enactment of Senate Bill 432. The Secretary of State took the first step in qualifying for federal funding by submitting Michigan’s state plan for implementation of HAVA to the federal government. Granholm will take the next step early in May, after completion of a federal public comment period, by certifying the plan as required under HAVA.
The Governor said that unless the Legislature continues work on apparent shortcomings in the bill, the state faces potential enforcement action by the Department of Justice. Some examples of her concerns include:
Elimination of "affidavit" balloting inconsistent with state plan. Rather than supplementing Michigan’s existing "affidavit" ballot process, Senate Bill 432 supplants that process by completely repealing state law and enacting an entirely new process for provisional voting.
Lack of explicit requirement for provisional ballot when election official deems voter ineligible. HAVA provides that if "an election official asserts that [an] individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot." Despite this language, Senate Bill 432 does not explicitly authorize the issuance of a provisional ballot when an election official asserts that an individual is not eligible to vote and the individual is not otherwise authorized or allowed to cast a provisional or challenged ballot.
No requirement to notify voter of right to vote provisional ballot. HAVA provides, "[a]n election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election." While Senate Bill 432 requires election officials to provide voters with other information, nothing in Senate Bill 432 explicitly requires an election official at the polling place to notify an individual of his or her right to cast a provisional ballot as HAVA apparently requires.
No mechanism for counting provisional ballots due to court order extending poll closing time. Under HAVA: "Any individual who votes in an election for federal office as a result of a federal or state court order or any other order extending the time established for closing the polls by a state law in effect 10 days before the date of that election may only vote in that election by casting a provisional ballot. Any such ballot cast under the preceding sentence shall be separated and held apart from other provisional ballots cast by those not affected by the order." This apparent minimum HAVA requirement was also noted in Michigan’s state plan for HAVA implementation adopted by the Secretary of State, but Senate Bill 432 includes no mechanism for implementation.
Lack of alternative language accessibility requirements. Under HAVA, voting systems must provide alternative language accessibility, pursuant to the requirements of the Voting Rights Act of 1965. Senate Bill 432 includes no provision requiring alternative language accessibility.
In addition to technical issues, and more importantly from a broader perspective, the Governor urged the Legislature to address more fundamental election reform issues.
"Michigan voters deserve more than legislative action aimed only at meeting minimal federal requirements. We should set our sights higher," Granholm wrote. "The Help America Vote Act was intended to make it easier for voters to vote. As policymakers, we should do all we can to achieve that goal. Michigan must be a leader, not a follower, in election reform."
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