(cont.)
of trust in the institutions responsible for the resolution of disputes. In California in
particular, the Secretary of State (SoS) is considered to be open to discussion and
debate regarding e-voting, and campaigned on these issues while running for office.
Following the 2000 election, the federal government passed the Help America Vote Act
(HAVA), which requires that each state review the voting technologies in use to ensure
that some basic criteria are met (such as the ability of the voter to cast a blank or writein ballot, accessibility for disabled voters, and that the technology notifies the voter if
they have over-voted). While state legislation must be in line with HAVA, the details of
implementation were left to the discretion of the state, so there are wide variations in
practice among the 50 states.
A number of technologies produced by a number of suppliers are used by
California’s voters, including optical scan devices, auto-marking devices and direct
recording equipment (DRE) or touch screen machines. All the technologies in use
have a paper-based component, which is essential to transparency in the process
as well as effective and meaningful dispute resolution. In California, DRE units
must produce a voter-verifiable paper audit trail and, where budgets permit, every
polling place must have one DRE to facilitate voting by disabled persons.
The SoS is the Chief Electoral Officer in the state of California. The SoS is responsible
for ensuring that elections are conducted in accordance with the Electoral Code. The
SoS is required to establish and maintain administrative complaints procedures in
accordance with HAVA. The SoS is also responsible for certifying electronic voting
systems that can be used by the counties. No devices may be purchased or used
prior to approval by the SoS. S/he may adopt regulations regarding the source code,
firmware, software and hardware of the electronic voting machines and devices.
Importantly, s/he is also empowered to seek injunctive or administrative relief, such
as monetary damages, or decertification of the technology in cases of unauthorized
changes to the hardware, software or firmware of the voting machines once they have
been conditionally certified by the SoS. S/he may also withdraw approval of technology
previously approved.
The EDR mechanism in California, which includes e-voting-related disputes, is as follows.
Administrative complaints
The SoS must ensure that there are procedures in place for administrative complaints
to be filed. Any person who is resident in the state of California may file a complaint
if they think there has been a violation, is a violation or will be a violation of Title III
of HAVA, for example, with regard to accessibility of the voting process for disabled
voters. The complaint must be in writing, notarized and signed and sworn by the
complainant on a form created by the SoS which is accessible to disabled voters and
to voters using minority languages. The complaint must then be submitted to the SoS
within 60 days of the occurrence or within 90 days of the complainant becoming aware
of the occurrence.
168
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