2004
HELP
Kansas Secretary of State Ron Thornburgh
First Floor, Memorial Hall,
785.296.4564
A MESSAGE FROM THE SECRETARY
The Help America Vote Act
of 2002 (HAVA) is the United States Congress’ response to the problems which
occurred during the 2000 presidential election. HAVA is a broad federal law
that requires change in almost every area of the voting process. As
By 2006,
This document is our
roadmap for implementation of the HAVA requirements in
Comments regarding
implementation of HAVA mandates are valued and welcome at any time. As the
least complicated, most accessible agency in state government, we are always
interested in your questions and concerns.
Sincerely,
RON THORNBURGH
Secretary of State
TABLE OF CONTENTS
1.1: Voting System Standards Requirements –
Section 301
Second Chance Voting (Section 301(a)(1))
Audit Capacity (Section 301(a)(2))
Accessibility for Individuals with Disabilities (Section
301(a)(3))
Alternative Language Accessibility (Section 301(a)(4))
Error Rates (Section 301(a)(5))
Uniform Definition of What Constitutes a Vote (Section
301(a)(6))
1.2: Provisional Voting Requirements – Section 302
Notification of the right to cast a provisional ballot
(Section 302(a)(1))
Affidavit for all provisional voters attesting to registration,
eligibility (Section 302(a)(2))
Written information regarding how to determine the outcome
of a provisional ballot
Free access system for publication of provisional vote
results (Section 302(a)(5)(B))
1.3: Voting Information Requirements – Section 302
Public posting at polling places (Section 302(b)(2))
1.4: Computerized Statewide Voter Registration
List Requirements – Section 303(a)
1.5: Requirements for Voters Who Register by Mail
– Section 303(b)
Contents of Mail-In Registration Form
3.2: Election Official Education and Training
Section
11: How will Kansas conduct ongoing
management of the plan?
Section
12: A description of the committee which
participated in development of the state plan.
§
Overview
of
Statutory and Administrative Framework
State and Local Roles and Responsibilities
Day-to-day administration
of elections is handled by 105 county election officers – 101 county clerks and
four election commissioners. State and federal elections in
Voting Statistics
ú
According to
ú
In the 2002
general election, 851,968 votes were cast while 1,615,698 Kansans were
registered to vote in that election.
ú
In the 2002
general election, 16.4 percent (139,343) of votes cast were cast before
Election Day through the state’s early voting program called advance voting.
Voting Systems
In
25-4405, and 25-4604.
- Manufacturers and vendors submit a written
request for certification to the secretary of state, accompanied by a $500
examination fee.
- The equipment must be tested by an independent
testing authority and a report from such must be filed with the secretary
of state.
- The secretary of state reviews the equipment to
ensure that it meets the standards established by the Election Assistance Commission
and the requirements of
- An open meeting is conducted by the secretary
of state at which the manufacturer or vendor displays the equipment and
the equipment is tested.
- The secretary of state contacts other
jurisdictions in the
- The secretary of state may grant temporary,
conditional approval for the equipment to be used in a
- If the above conditions are met, the secretary
of state makes the final decision whether to grant certification and
informs the manufacturer and vendor of the decision in writing.
Each county selects and
purchases its own system from the systems certified by the secretary of state. There
are currently three types of voting systems used in
Voter Registration Systems
ú
Section
1: How will
1.1: Voting
System Standards Requirements – Section 301
Deadline for
compliance:
Second
Chance Voting (Section 301(a)(1))
The voting systems
currently used in
|
SECTION 301(a)(1) REQUIREMENTS |
Paper Ballot |
Optical Scan Central
Count |
Optical Scan Precinct
Count |
DRE |
|
|
Does the system permit the
voter to verify (in a private and independent manner) the votes selected by
the voter on the ballot before the ballot is cast and counted? |
Yes |
Yes |
Yes |
Yes |
|
|
Does the system provide
the voter with the opportunity (in a private and independent manner) to change
the ballot or correct any error before the ballot is cast and counted
(including the opportunity 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)? |
No To be fulfilled through a voter education program.* |
No To be fulfilled through a voter education program.* |
Yes |
Yes |
|
|
If the voter selects
votes for more than one candidate for a single office, does the system notify
the voter? |
No To be fulfilled through a
voter education program.* |
No To be fulfilled through a
voter education program.* |
Yes |
Yes |
|
|
If the voter selects
votes for more than one candidate for a single office, does the system notify
the voter before the ballot is cast and counted of the effect of casting multiple
votes for the office? |
No To be fulfilled through a
voter education program.* |
No To be fulfilled through a
voter education program.* |
Yes |
Yes |
|
|
If the voter selects
votes for more than one candidate for a single office, does the system
provide the voter with the opportunity to correct the ballot before the
ballot is cast and counted? |
No A |
No A |
Yes |
Yes |
|
*The secretary of state
plans to develop a voter education program by
Audit
Capacity (Section 301(a)(2))
The following matrix
illustrates each voting system’s current level of compliance with the 2006
audit capacity requirements. A plan to remedy the noncompliant voting systems
will be devised by the secretary of state.
|
SECTION 301(a)(2)
REQUIREMENTS |
Paper Ballot |
Optical Scan Central
Count |
Optical Scan Precinct
Count |
DRE |
|
Does the system produce a
permanent paper record with a manual audit capacity? |
Yes |
Yes |
Yes |
Yes |
|
Does the system provide
the voter with an opportunity to change the ballot or correct any error
before the permanent paper record is produced? |
Yes |
Yes |
Yes |
Yes |
|
Will the paper record be
available as an official record for any recount conducted? |
Yes |
Yes |
Yes |
Yes |
Accessibility for Individuals with Disabilities (Section
301(a)(3))
HAVA requires every voting
place in
Alternative Language
Accessibility (Section 301(a)(4))
HAVA requires each voting
system to provide alternative language accessibility pursuant to the Voting
Rights Act of 1965. The current voting systems used in
Error
Rates (Section 301(a)(5))
Error rates on voting systems
approved for use in
Uniform
Definition of What Constitutes a Vote (Section 301(a)(6))
We adopted standards as
part of the Kansas Election Standards, developed by the Secretary of State and
county election officials. Counties
formally adopted the standards at the 2004 Kansas County Clerks’ and Elected
Officials’ convention.
1.2: Provisional Voting Requirements –
Section 302
Deadline for
compliance:
Provisional voting has been
part of
Notification
of the right to cast a provisional ballot (Section 302(a)(1))
Under current
Affidavit
for all provisional voters attesting to registration, eligibility (Section
302(a)(2))
Approved by the Kansas
Legislature as sections 1 and 2 of 2004 SB 479.
Requirements payments will not be used; counties will be responsible for
costs associated with producing the affidavit.
Written
information regarding how to determine the outcome of a provisional ballot (Section 302(a)(5)(A))
Required by legislation in
section 2 of 2004 SB 479. The county
election official will be responsible for replication costs and training poll
workers to distribute the information. In addition, instructional information
about provisional ballots will be added to the secretary of state’s website. It
is not anticipated that requirements payments will be used.
Free
access system for publication of provisional vote results (Section 302(a)(5)(B))
A free access system will
be developed by the secretary of state for use in 2004. No expenditures of
requirements payments are anticipated.
1.3: Voting
Information Requirements – Section 302
Deadline for
compliance:
Public
posting at polling places (Section 302(b)(2))
ú
Sample Ballot: While it has been common practice to post
sample ballots at polling places in
ú
Date of the election and hours the polling place
is open:
Required by section 11 of 2004 SB 479.
No expenditures of requirements payments are anticipated. County
election officials will be responsible for posting this information at each
county’s expense.
ú
Instructions on how to vote, including a
provisional ballot: This information will be included in the
Voter’s Rights and Responsibilities poster prescribed and designed by the
secretary of state and posted at the polling place by county election
officials. Requirements payments will be used to produce these posters.
ú
Instructions for mail-in registrants who are
first time voters in the jurisdiction:
ú
General information on voting rights: This
information is included on a poster entitled “Voter’s Rights and
Responsibilities”. All polling places must display this poster in accordance
with K.S.A. 25-2706. Requirements payments will be used to produce these
posters.
ú
General information on federal and state fraud
laws: This
information will be included on a poster entitled “Voter’s Rights and
Responsibilities”. All polling places must display this poster in accordance
with K.S.A. 25-2706. Title I funding will be used to produce an updated version
of the poster.
Provisional voting has been
part of
1.4: Computerized
Statewide Voter Registration List Requirements – Section 303(a)
Deadline for
compliance:
The central voter
registration subcommittee of the Kansas Election Reform Advisory Council has
provided preliminary recommendations for database design. The secretary of
state has contracted with a consultant, Jim Minihan of Imerge Consulting, and convened
a central voter registration work group to assist with RFP development. The
work group includes state and local election officials as well as individuals
with information technology expertise. A vendor was selected in the summer of
2004.
Implementation of the new
database system will begin in summer or early fall 2004. Each county will
maintain its current database in 2005 while the new system is tested. Beginning
January 1, 2006, the new database will be the sole system used statewide. Requirements
payments will be used to partially fund this project.
A tentative timeline for
this project is included below:
|
May – December 2003 |
RFP development |
|
January 2004 |
Publish RFP |
|
June 2004 |
Select vendor |
|
June - July 2004 |
Contract negotiations |
|
July 2004 |
Contract execution |
|
Fall 2004 |
Implementation of system
begins |
|
2005 |
Current system and new
system to run simultaneously |
|
January 1, 2006 |
New system becomes the
sole system used in Kansas |
1.5: Requirements
for Voters Who Register by Mail – Section 303(b)
Deadline for
compliance: January 1, 2004
Identification
Requirements:
Fail-Safe
Voting: Under HAVA, voters who register
by mail and cannot meet the identification requirement must be afforded the
opportunity to vote a provisional ballot. Current
Contents
of Mail-In Registration Form: Design of the
ú
Section
2: How will
The secretary of state will
manage all requirements payments and make expenditures to implement title III
requirements. Expenditures will be made for counties (eligible units) by the
state to fulfill the requirements specified by the secretary of state. Counties
will be responsible for financial needs that exceed the specified requirements.
Planned expenditures of
requirements payments may include the following projects: (1) a new centralized
voter registration system; (2) accessible voting equipment; and (3) education
and outreach programs. These projects are priorities and all other financial
requests will be assessed after completion of the projects.
Eligible entities are
organizations or persons with goals and objectives related to HAVA. If grants
are made to eligible entities, the following criteria will be used:
(1)
The entity must
submit a written proposal to the secretary of state.
(2)
The proposal
must include specific performance goals for the proposed project.
(3)
The proposal
must include information on how the goals will address and accomplish title III
objectives.
(4)
Grants will be
awarded at the discretion of the secretary of state after review of the
proposal.
The secretary of state will
develop appropriate auditing procedures. All units or entities receiving title
I or title II funds will be subject to reporting requirements established by
the secretary of state. The following
reports will be required of units or entities that receive grants or materials
purchased with federal funds.
Units of local government:
(1)
Reporting
requirements incorporated into existing reports submitted by county election
officials
(2)
Annual report
Eligible entities:
(1)
Quarterly
financial reports
(2)
Annual financial
report
(3)
Annual
performance report
ú
Section
3: How will
Education is an essential
element of HAVA implementation in
A statewide media campaign has
been developed to encourage registration and voting before primary and general
elections. The campaign may use the following media: radio, internet, television, newspaper, and
direct mail. County election officials, youth voting programs, and other
interested groups may play a role in this program.
Outreach material
describing the voter registration process in
Emphasis will be placed on
development of an outreach initiative for citizens with disabilities. The
secretary of state’s office will work with advocacy groups to develop accessible
resources.
Another component of this
program may be expansion of
A statewide media campaign
will be developed and conducted by the secretary of state. Assistance may be
provided to local interest groups. The campaign will encompass the following
topics: (1) voting procedure in
The campaign will be
developed with assistance from county election officials and other relevant
groups. Campaign content will be designed to meet HAVA requirements and may be
modeled after previous media campaigns conducted by the secretary of state’s
office. Media used to conduct the campaign may include the following: radio, internet, television, newspaper, and
direct mail. County election officials, youth voting programs, and other
interested groups may play a role in this program.
The following ideas may be incorporated
in this campaign:
- Brochures and electronic advertising explaining
new voting procedures and rights
- Information (printed, audio, etc.) on the DRE
voting system for all Kansans, including individuals with disabilities
- A website providing one-stop information on
voting procedures and rights
- A revised version of the Voter’s Rights and
Responsibilities poster required by KSA 25-2706
- Partnerships with public and private
organizations
3.2:
Election Official Education and Training
In order to ensure that
county election officials receive the necessary education and training on
election issues, the secretary of state’s office developed a uniform, statewide
training program. A description of the
program is included below.
Curriculum: The annual program will be developed by the
secretary of state’s office with assistance from Kansas County Clerks and Election
Officials Association members and adult education specialists. The secretary of
state’s office will seek partnerships with the
|
COURSE |
HOURS |
|
HAVA overview / NVRA
refresher |
1 |
|
Preparing for an election |
1 |
|
Voter registration |
1 |
|
Voting procedure /
provisional ballots |
1 |
|
Advance voting / federal
services voting |
1 |
|
Canvassing / write-ins /
voter intent |
1 |
|
Voting equipment |
1 |
|
Special situations
including, but not limited to, alternative languages, accessibility,
awareness and sensitivity |
1 |
Location: The aforementioned courses will be provided
in coordination with established meetings of the Kansas County Clerks and
Election Officials Association (KCCEOA) and the Kansas Association of Counties
(KAC). The schedule is as follows:
|
MONTH |
EVENT |
HOURS REQUIRED |
|
March |
KCCEOA Regional Meetings |
2 |
|
May |
KCCEOA Convention |
2 |
|
September |
KCCEOA Regional Meetings |
2 |
|
November |
KAC Convention |
2 |
Make-up sessions may be
held at the following times and events:
|
MONTH |
EVENT |
|
May |
KCCEOA Convention |
|
November |
KAC Convention |
|
As scheduled |
Sanborn Institute for
County Clerk Certification (annual) |
|
As necessary |
Videoconference |
|
Once every four years |
|
Resources: Participants will receive a printed training
manual, an updated version of the Kansas Election Standards, and tools for
training poll workers.
Instructors: The training program will be conducted by the
secretary of state and staff, subject matter experts, and Sanborn Institute
instructors.
Attendance: At least one individual from each county
election office must attend the program consisting of eight one-hour sessions. Attendance
is a condition of receiving the benefits of federal funding, and the secretary
of state shall have the option of withholding county benefits related to HAVA
due to nonparticipation in the training program. The curriculum and number of hours required
may change from year to year.
The secretary of state
designed a poll worker training program for county election officials in order
to facilitate the crucial link between election administrators and voters.
County election officials will receive instruction on this program during the
election official training program and will be responsible for conducting
training sessions at the local level. Participation in this program will be a
condition for receipt of county benefits related to HAVA.
Curriculum: The following topics will be incorporated into
training resources developed by the secretary of state’s office in conjunction
with adult education specialists.
- HAVA Overview/impact on election board workers
- Polling place organization and management
- Voting
- Accessibility issues
- Special situations
Resources: The secretary of state will provide each county
election official with the following tools to be used in a local poll worker
training session.
- A curriculum for training poll workers
Instructors: Training sessions will be conducted by each county
election official and deputy election officials. Voting equipment vendors or
technicians may also be involved in the training sessions. County election
officials may include supplemental instructors in the training sessions at
their discretion.
- Attendance: County election officials must conduct training prior to each
primary and general election for supervising judges and election clerks as
required by 2004 SB 479.
The secretary of state will
adopt voting system guidelines consistent with the requirements of section 301
by the
As illustrated on pages seven
and eight of this document, some voting systems currently used in
ú
Section 5: How will
During the 2002 legislative
session, the secretary of state established a Democracy Fund in anticipation of
receiving federal funding for HAVA implementation. Title I funds were received
in April 2003 and deposited in the Democracy Fund. In early 2003 it came to the
attention of the secretary of state that state accounting and reporting
guidelines had changed and as a result, the Democracy Fund had been improperly
coded for receipt of federal funds. A
new fund, HAVA Federal Fund, was established for title I and title II funds and
the money previously received was transferred to the new fund.
The following funds have
been established:
1)
HAVA Federal – established for receipt and expenditure of federal monies. Pursuant to state
accounting and reporting guidelines,
this fund has several accounts (indexes)
2) HAVA Match – established for the receipt and
expenditure of matching state funds
3) Democracy – established for the receipt and
expenditure of matching county funds
The secretary of state will
be responsible for fund management. State and federal fund management
guidelines will be followed. Appropriate records of expenditures will be
maintained by the secretary of state’s office. A monthly review of funds will
be made.
ú
Section
6:
The following chart is
|
HAVA Requirements |
Estimated Total Cost |
Funding Source |
|||||
|
Title I $5 million[1] |
Title II $21.4 million[2] |
State Match $687,397[3] |
$439,435[4] |
EAID Grant $110,057 |
VOTE Grant $100,000 |
||
|
Central Voter
Registration System |
No estimate is included
here to ensure that the secretary of state may negotiate a truly competitive
price for this system. We do not want vendors to assume we are prepared to
pay a predetermined amount for the system.[5] |
||||||
|
Accessible voting
equipment |
No estimate is included
here to ensure that the secretary of state may negotiate a truly competitive
price for this system. We do not want vendors to assume we are prepared to
pay a predetermined amount for the equipment.[6] |
||||||
|
Administrative costs |
$250,000 |
|
|
|
|
||
Voter education |
$100,000 |
|
|
|
|
||
|
CEO training |
$15,000 |
|
|
|
|
||
|
Poll worker training |
$15,000 |
|
|
|
|
||
|
Free access system |
$1000 |
|
|
|
|
||
|
Polling place postings |
$2000 |
|
|
|
|
||
|
|
$20,000 |
|
|
|
|
||
|
Federal voter
registration forms |
$5000 |
|
|
|
|
||
|
Polling Place
Accessibility |
$210,057 |
|
|
|
|
||
ú
Section
7: How will
In compliance with HAVA
Section 254(a)(7), in using requirements payments, Kansas will maintain
expenditures of the State for activities funded by the payment at a level equal
to or greater than the level of Title III expenditures in State FY 2000. No reductions in state spending have been
made since passage of HAVA, and none are anticipated or sought.
|
Elections &
Legislative Matters |
Fiscal Year 2000 |
Fiscal Year 2004 |
|
$ 33,735 |
$ 62,129 |
ú
Section 8: How will
Performance goals and
measures will be developed by the secretary of state’s office for each
applicable element of the state plan. Each element will have a tentative
timeline for completion which will serve as a tool for assessing performance. The
following charts outline tentative performance goals for implementation of HAVA
requirements.
|
Performance Goal |
Develop and implement a statewide
central voter registration system |
|
Process to develop
criteria |
The secretary of state’s
staff appointed a Central Voter Registration Work Group and consultant to help
develop a Request for Proposal (RFP) and establish goals for project
management |
|
Criteria to measure
performance |
A set of time-oriented
goals for the following events: (1) development and issuance of an RFP (2) selection of a vendor (3) contract negotiations / execution of
contract (4) implementation of CVR system |
|
Tentative Timeline |
May – December 2003: RFP development January 2004: Publish RFP June - July 2004: Select vendor July 2004: Contract negotiations July 2004: Contract execution |
|
Deadline for compliance |
|
|
Performance Goal |
Implement one voting
machine, accessible to individuals with disabilities, in every |
|
Process to develop
criteria |
The secretary of state’s
staff will plan with a work group and consultant to develop a Request for
Proposal (RFP) and establish goals for project management |
|
Criteria to measure
performance |
A set of time-oriented
goals for the following events: (1) development and issuance of an RFP (2) selection of a vendor(s) (3) contract negotiations / execution of
contract (4) implementation of voting equipment |
|
Tentative Timeline |
2004 – 2005: RFP development/issuance and selection of
vendor(s) Summer – Fall 2005: Delivery and implementation of accessible
voting equipment |
|
Deadline for compliance |
|
|
Performance Goal |
Implement second chance
voting requirements |
|
Process to develop
criteria |
The secretary of state’s
office will work with the Kansas Election Reform Advisory council and county
election officials to develop a plan for implementation |
|
Criteria to measure
performance |
A set of time-oriented
goals for development of a voter education program to meet section 301(a)(1)
requirements |
|
Tentative timeline |
Unknown at this time |
|
Deadline for compliance |
|
|
Performance Goal |
Meet audit capacity requirements |
|
Process to develop
criteria |
The secretary of state’s
office will work with county election officials to determine how counties
with optical scan voting systems will meet the requirements |
|
Criteria to measure
performance |
A set of time-oriented goals |
|
Tentative timeline |
Unknown at this time |
|
Deadline for compliance |
|
|
Performance Goal |
Implement uniform
definitions of what constitutes a vote for each type of voting system used in
|
|
Process to develop
criteria |
The secretary of state’s
office worked with the Election Standards Task Force to develop a proposal |
|
Criteria to measure
performance |
Implementation of uniform
definitions in the Kansas Election Standards |
|
Tentative timeline |
Adopted by the |
|
Deadline for compliance |
|
|
Performance Goal |
Implement affidavit
requirement for provisional voters |
|
Process to develop
criteria |
Drafted legislation |
|
Criteria to measure
performance |
To codify the requirement
in state election law and implement the requirement on the local level |
|
Tentative timeline |
2004 SB 479 passed |
|
Deadline for compliance |
|
|
Performance Goal |
Develop and provide
written information regarding how to determine the outcome of a provisional
ballot |
|
Process to develop
criteria |
Development of a plan for
implementation by the secretary of state’s office in 2003 |
|
Criteria to measure
performance |
A time-oriented set of
goals for the following events: (1) prescribing a
document with the appropriate information (2) sending the document
to county election officials and providing instructions for use (3) verifying that county
election officials have reproduced and distributed the documents |
|
Tentative timeline |
Document prescribed and
distributed prior to August 2004. Information to be distributed to
provisional voters beginning with the August 2004 primary election. |
|
Deadline for compliance |
|
|
Performance Goal |
Develop a free access
system for publication of provisional vote results |
|
Process to develop
criteria |
The secretary of state’s
office worked with county election officials to develop a plan for
implementation |
|
Criteria to measure
performance |
Disseminated options and
recommendations to CEOs in May, 2004 |
|
Tentative timeline |
Plan to implement the
system during the August 2004 primary election |
|
Deadline for compliance |
|
|
Performance Goal |
Implement required public
posting at polling places |
|
Process to develop
criteria |
The secretary of state’s
office developed a plan for implementation in 2003 |
|
Criteria to measure
performance |
To codify the requirement
in state election law and implement the requirement on the local level |
|
Tentative timeline |
Passed as part of 2004 SB
479. CEO training was held in May,
2004. Posters were printed and
distributed to CEOs in July, 2004. County
election officials will implement the requirements in 2004. |
|
Deadline for compliance |
|
|
Performance Goal |
Require provisional
ballots for individuals who vote pursuant to a court or other order extending
polling place hours |
|
Process to develop
criteria |
The secretary of state’s
office developed a plan for implementation in 2003 |
|
Criteria to measure
performance |
To codify the requirement
in state election law and implement the requirement on the local level |
|
Tentative timeline |
Required by 2004 SB
479. CEOs trained in May, 2004. County
election officials will implement the requirements in 2004. |
|
Deadline for compliance |
|
|
Performance Goal |
Meet the requirements for
voters who register by mail |
|
Process to develop
criteria |
The secretary of state’s
office developed a plan for implementation in 2003 |
|
Criteria to measure
performance |
To codify the requirement
in state election law and implement the requirement on the local level |
|
Tentative timeline |
State law requires
identification of all first-time voters in the county. CEOs trained in May, 2004. County election
officials will implement the requirements in 2004. |
|
Deadline for compliance |
|
|
Performance Goal |
Implement voter education,
election official education/training, and poll worker training programs |
|
Process to develop
criteria |
The secretary of state’s
office developed a plan for implementation with assistance from the Kansas
Election Reform Advisory Council in 2003 |
|
Criteria to measure
performance |
A time-oriented set of
goals for the following events: (1) convene a work group (2) develop the program (3) carry out the program |
|
Tentative timeline |
Implementation of the
program will occur in 2004. |
The following guidelines have been developed for use
by the secretary of state in conjunction with the administrative complaint
procedure:
1.
All complaints
should be addressed at county level first as the county election official is
best suited to solve the problem, and will likely solve the problem faster than
a state-based complaint process.
2.
A
brochure/booklet will be created outlining the administrative grievance process
for the public. The Secretary of State will
work with various groups to construct the content and look of the brochure.
(brochure will include point given above in #1.)
3.
Notices,
hearings, and any other procedures of the grievance process shall include any
required accommodation(s).
KANSAS SECRETARY OF
STATE
Administrative
Complaint Procedure
Section 1. Scope.
This
act provides a uniform, nondiscriminatory administrative procedure for the
resolution of any complaint alleging a violation of any provision of Title III
of the “Help America Vote Act of 2002,” including a violation that has
occurred, is occurring, or is about to occur.
Section 2. Definitions.
(a)
In this act, the following terms have the meanings indicated.
(1)
“Complainant” means the person who files a complaint with the
(2)
“Respondent” means any state or local election official whose actions are
asserted to be in violation of Title III in a complaint filed under this act.
(3)
“Title III” means Title III of the Help America Vote Act of 2002, Public Law
107-252, 116 Stat. 1666 (2002), codified at 42
(4) “Arbitrator” means a neutral third party
selected by the secretary of state who resolves the dispute between the
complainant and respondent, and whose decision is final.
Section 3. Who May File.
Any
person who believes that a violation of any provision of Title III is
occurring, has occurred, or is about to occur, may file a complaint.
Section 4. Form of Complaint.
(a) A complaint shall be in writing and signed by
the complainant under oath before a notary public.
(b) The complaint shall be submitted on a form
prescribed by the secretary of state, which shall be available from the
secretary of state or from any county election office.
Section 5. Place and Time for Filing; Copy for
Respondent.
(a)
A complaint shall be filed with the secretary of state within 30 days after the occurrence of the actions or events
that form the basis for the complaint.
For violations that are occurring or about to occur that may need
immediate remedy, the complaint shall be timely filed to allow for resolution.
(b) The secretary of state shall deliver a copy
of the complaint to each respondent.
(c) If the secretary of state is the respondent
in the complaint, the complaint shall be filed and reviewed by the Kansas
Department of Administration and all references to the secretary of state as
the determinative body contained in this act shall be construed to refer to the
Kansas Department of Administration.
Section 6. Consolidation of Complaints.
(a) The secretary of state may consolidate
complaints if they relate to the same actions or events, or if they raise
common questions of law or fact.
Section 7. Official Record of Proceedings.
(a)
The secretary of state shall compile and
maintain an official record in connection with each complaint filed under this
act.
(b)
The official record shall contain:
(1)
A copy of the complaint, including any
amendments made with the permission of the secretary of state;
(2)
A copy of any written submission by the
complainant;
(3)
A copy of any written response by any
respondent or other interested person;
(4)
Any written report or review conducted
by the secretary of state or county election officials;
(5)
Copies of all notices and correspondence
to or from secretary of state in connection with the complaint;
(6)
Originals or copies of any tangible
evidence received or considered;
(7)
The original recording produced at any
hearing conducted on the complaint, and a copy of any transcript produced on
the complaint; and
(8)
A copy of any final determination made
on the complaint.
Section 8. Hearing, Notice of Hearing.
(a) If requested by the complainant, the
secretary of state shall conduct a hearing on the record to review the
complaint. The secretary of state or
other person designated by the secretary of state shall serve as the hearing
officer.
(b)
The hearing shall be conducted no later than 30 days after the secretary of
state receives the complaint. The
secretary of state shall give at least 5 days advance notice of the date, time,
and place of the hearing to the complainant and each named respondent.
Section 9. Conduct of Hearing.
(a)
To the extent necessary for full disclosure of all relevant facts and issues,
the hearing officer shall afford all parties the opportunity to respond,
present evidence and argument, and shall not be bound by the technical rules of
evidence; provided, the hearing officer may place reasonable limits on the
length of the hearing.
(b)
The hearing officer may at his discretion give nonparties an opportunity to
present oral or written statements.
(c)
All testimony of parties and witnesses shall be made under oath or
affirmation and the hearing officer shall have the power to administer an oath
or affirmation for that purpose.
(d)
Any part of the evidence may be received in written form if doing so will
expedite the hearing without substantial prejudice to the interests of any
party.
(e)
Official notice may be taken of (1) any matter that could be judicially
noticed in the courts of this state, (2) the record of other proceedings before
the secretary of state, (3) technical matters within the secretary of state’s
specialized knowledge, and (4) codes of standards that have been adopted by an
agency of the United States, of this state or of another state or by a
nationally recognized organization or association.
(f) The hearing officer may conduct all or part
of the hearing by telephone or other electronic means, if each participant in
the hearing has an opportunity to participate in the entire proceeding.
(g)
The hearing shall be recorded at the secretary of state’s expense. The
secretary of state is not required to prepare a transcript at its expense. Any party, at the party's expense, may
request that the secretary of state prepare a transcript from the record, or
cause additional recordings to be made during the hearing. If a transcript is produced, the secretary of
state shall include a copy in the official record.
(h) The hearing
shall be open to the public, except for parts that the hearing officer rules to
be closed pursuant to a provision of law expressly authorizing closure.
Section 10. Informal Conference, Pre-hearing
Conference.
(a) The secretary of state may conduct an
informal conference to resolve the filed complaint, if both the complainant and
respondent have an opportunity to participate in the proceeding.
(b) The secretary of state may conduct a
pre-hearing conference to organize issues and procedures to promote an orderly
and prompt hearing.
(c) The secretary of state shall give advance
notice of the date, time, and place of any conference to the complainant and
respondent.
Section 11. Subpoenas.
The
Secretary of State may issue subpoenas for a witness or any material that is
relevant to the administration of this act.
Section 12. Final Determination.
(a)
If there has been no hearing, the secretary of state shall review the record
and determine whether a violation of Title III has been established by a
preponderance of evidence. The
determination of the secretary of state shall be final and shall not be subject
to appeal pursuant to the Kansas Act for Judicial Review.
(b)
At the conclusion of any hearing, the secretary of state shall determine
whether a violation of Title III has been established by a preponderance of
evidence. The determination of the
secretary of state shall be final and shall not be subject to the Kansas Act
for Judicial Review.
(c)
If the complaint is not timely filed or if the secretary of state determines
that a violation has not occurred or that there is insufficient evidence to
establish a violation, the secretary of state shall dismiss the complaint.
(d)
The secretary of state shall explain in a written decision the reasons for the
determination and for any remedy selected.
(e) Except as specified in section 14, the final
determination of the secretary of state shall be issued within 90 days after
the complaint is filed, unless the complainant consents in writing to an
extension. The final determination shall
be mailed to the complainant and each respondent, and published on the
secretary of state website.
(f)
If the secretary of state cannot make a final determination within 90 days
after the complaint was filed, or within any extension to which the complainant
consents, the complaint shall be referred for final resolution under section 14. The record compiled pursuant to section 7
shall be made available for use under section 14.
Section 13. Remedies.
(a) Upon the finding of a violation, the
secretary of state shall provide an appropriate remedy to resolve the
grievance, which remedies may include the following:
(1) An order to any respondent commanding the
respondent to take specified action, or prohibiting the respondent from taking
specified action;
(2) An order directing the respondent or any
employees or agents of the respondent to obtain additional training or
education to prevent future violations;
(3) Any other remedy as deemed appropriate by the
secretary of state to prevent or remedy the violation or future
violations.
(b)
The secretary of state may order either party to pay the costs of the hearing,
based upon a finding by the secretary of state that the party’s actions were
egregious, frivolous, harassing, or were for an improper purpose.
Section 14. Alternate Dispute Resolution.
(a)
If the secretary of state does not render a final determination within 90 days
after the complaint is filed, or within any extension to which the complainant
consents, the complaint shall be resolved under this section.
(b)
Within five (5) days after a final determination was due, the secretary of
state shall designate in writing to the complainant and the respondent the name
of an arbitrator to resolve the complaint.
(c)
The arbitrator may review the record compiled in connection with the complaint,
including the tape recording or any transcript of a hearing and any briefs or
memoranda, but shall not receive additional testimony or evidence.
(d)
The arbitrator shall issue a written resolution within ten (10) days after the
secretary of state’s determination was due.
The final resolution of the arbitrator shall be mailed to the secretary
of state, the complainant, and each respondent, and published on the secretary
of state website.
Section 15. The
Secretary of State may adopt rules and regulations to administer this act.
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Section
10: A description of how
(1)
Complying with
requirements of title III
(2)
Improving the
administration of elections for federal office
(3)
Educating
voters concerning voting procedures, voting rights, and voting technology
(4)
Training
election officials, poll workers, and election volunteers
(5)
Developing the
state plan
(6)
Improving,
acquiring, leasing, modifying, or replacing voting systems and technology
(7)
Improving the
accessibility of polling places
(8)
Establishing a free
access system for use by voters to obtain voting information
It is expected that
(1)
Implementation
of a new statewide central voter registration system
(2)
Administrative
expenses for development of the state plan and the central voter registration
system RFP
(3)
Education
programs
(4)
Section 301
requirements (i.e. free access system, polling place postings, voter
registration forms)
|
HAVA Requirements |
Funding Source |
|||
|
Title I $4.9 million |
Title II $21.4 million |
State Match $687,397 |
Local Match $439,435 |
|
|
Central Voter
Registration System |
X |
X |
X |
X |
|
Accessible voting
equipment |
|
X |
X |
X |
|
Administrative expenses |
X |
X |
X |
X |
|
Voter education |
X |
|
|
|
|
CEO training |
X |
|
|
|
|
Poll worker training |
X |
|
|
|
|
Free access system |
X |
|
|
|
|
Polling place postings |
X |
|
|
|
|
Voter registration forms |
X |
|
|
|
|
HAVA Requirements |
EAID Grant $110,057 |
VOTE Grant $100,000 |
|
Polling Place Access |
X |
X |
Section
11: How will
The 2003
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Section
12: A description of the committee which
participated in development of the state plan.
In January 2003, the
secretary of state appointed the Kansas Election Advisory Council to comply
with Section 255. The advisory council is a committee of appropriate
individuals who met on a monthly basis (February through May, 2003) to assist
with development of the state plan. Secretary Thornburgh is chairman of the
group and each member of the advisory council serves on one of four
subcommittees.
|
Accessibility Subcommittee |
Melissa Wangemann, Chair |
Legal Counsel, Kansas
Secretary of State’s Office |
|
Mark Braun |
Director, |
|
|
Robert Bugg |
Commissioner, |
|
|
Michael Byington |
Director, |
|
|
Elias Garcia (replaced Tina DeLaRosa) |
Executive Director, Kansas Hispanic
and Latino and American Affairs Commission |
|
|
Anthony Fadale |
Coordinator, |
|
|
Martha Gabehart |
Executive Director, |
|
|
Brad Hamilton |
Former Director, |
|
|
Scott Letts |
|
|
|
Betty Musick |
|
|
|
Pat Rahija |
|
|
|
Patrick Terick |
Director of Governmental
Affairs, Cerebral Palsy Research Foundation |
|
|
Mary Tritsch |
|
|
Finance Subcommittee |
Brian Henson, Chair (replaced Mindy Miller) |
Legal Associate, Kansas
Secretary of State’s Office, Elections & Legislative Matters Division |
|
Randall Allen |
Executive Director, |
|
|
Bill Gale (replaced
Marilyn Chapman) |
|
|
|
Rebecca Floyd |
Executive Vice President
& |
|
|
Randy Mettner |
Special Assistant to the
Governor |
|
|
Don Proffitt |
Linn |
|
|
Neil Woerman |
Director of Information
Technology, Office of the Insurance Commissioner |
|
|
Ryan Wright |
Director of Public
Affairs, Kansas Treasurer’s Office |
|
Central Voter Registration Subcommittee |
Bryan Caskey, Chair |
Administrative Assistant,
Kansas Secretary of State’s Office, Elections & Legislative Matters
Division |
|
Cheryl Adelhardt |
|
|
|
Tim Blevins |
Chief Information
Officer, Kansas Department of Revenue |
|
|
Rebecca Bossemeyer |
Geary |
|
|
Elizabeth Ensley |
|
|
|
Don Merriman |
Saline |
|
|
Denise Moore |
Director, DISC |
|
|
Kathy Peckman |
|
|
|
Mike Stewart |
Chief Information
Officer, Kansas Secretary of State’s Office |
|
|
Carmen Aldritt (replaced Sheila Walker) |
Director of Vehicles,
Kansas Department of Revenue |
|
Voting Standards & Education Subcommittee |
Brad Bryant, Chair |
Deputy Assistant
Secretary of State, Elections and Legislative Matters Division |
|
Emily Bradbury |
Executive Director, Kids
Voting |
|
|
Doug Anstaett (replaced
Jeff Burkhead) |
Executive Director, |
|
|
Gail DuPuis |
Director, |
|
|
Keith Lawing |
|
|
|
Mark Simpson |
Executive Director, |
|
|
Ann Havenhill |
President, |
|
|
Scott Poor |
Executive Director, |
|
|
Connie Schmidt |
|
|
|
Dr. Harvey Foyle |
|
|
|
Rich Smith |
Assistant Attorney
General |
|
|
Rich Vargo |
|