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4 U.S. ELECTION ASSISTANCE COMMISSION
5 PUBLIC MEETING
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7 Taken at 1225 NEW YORK AVENUE
8 NORTHWEST, SUITE 1100
9 WASHINGTON, D.C. 20037
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11 Taken on the date of:
12 TUESDAY, MAY 24, 2005
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21 Start time: 10:00 o'clock, a.m.
22 Taken by: JACKIE SMITH, a Court Reporter
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1 U.S.
ELECTION ASSISTANCE COMMISSION:
2 Gracia Hillman, Chairman
3 Paul DeGregorio, Vice-Chair
4 Ray Martinez III, Commissioner
5 Juliet Thompson, Legal Counsel
6 Carol Pacquette, Interim Director
7 SPEAKERS:
8 Margaret Sims, Research Specialist, EAC
9 Karen Lynn-Dyson, Research Manager, EAC
10 Kim Brace, Election Data Services
11 Al Ater, Asst. Secretary of State,
12 Louisiana
13 Michael Kerr, ITAA
14 Joe Hazeltine, Wyle Laboratories
15 - 0 -
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1 P-R-O-C-E-E-D-I-N-G-S
2 CHAIR HILLMAN: Good morning.
This
3 meeting of
the United States Election Assistance
4 Commission
will come to order.
5 If you would all stand and join me in,
"The
6 Pledge of
Allegiance."
7 (The Pledge of Allegiance.)
8 CHAIR HILLMAN: If I could remind
9 everyone,
please, to turn off your pagers, cell
10 phones,
and any other devices that would make
11 noise and
distract from our meeting this
12 morning.
13 If we could have roll call, please.
14 MS. THOMPSON: Members, please
15 respond as
I all your names: Chair Hillman?
16 CHAIR HILLMAN: Here.
17 MS. THOMPSON: Vice-Chair DeGregorio?
18 CHAIR HILLMAN: Here.
19 MS. THOMPSON: Ray Martinez?
20 COMMISSIONER MARTINEZ: Here.
21 MS. THOMPSON: Madam Chair, all three
22 members
are present.
4
1 CHAIR HILLMAN: Thank you.
We have
2 before us
the agenda for today's meeting. And
3 with your
concurrence, I would like to place the
4 update on
the executive director search to come
5
immediately after adoption of the agenda.
6 Are there any other changes or
adjustments?
7 Okay, if
not, we have our agenda, and adoption
8 would be
in order.
9 COMMISSIONER MARTINEZ: So moved,
10 Madam
Chair.
11 VICE-CHAIR DEGREGORIO: Second.
12 CHAIR HILLMAN: Thank you.
As we
13 know, as
we all know, we have been working for
14 quite
awhile to go through the process of a
15
recruitment search and selection of executive
16 director.
17 The Help America Vote Act instructs the
18 Election
Assistance Commission to receive
19
recommendations from both the Board of Advisors
20 and the
Standards Board. They, each of those
21 boards,
put together its own search committee.
22 Those
committees then do their work, and
5
1 presented
to us the required, minimum three
2
recommendations.
3 Following that, we did our
interview. And
4 I am very
pleased to announce, as we did on
5 Friday --
6 Okay, yes. Where is it coming from? Where
7 are the
technicians? There. You're okay.
All
8
right. It is just a little startling, so
9 minimize
the startle factor.
10 As we did on Friday, we announced that
we
11 have hired
Thomas Wilke to be the Election
12 Assistance
Commission's first Executive
13
Director. Tom is with us this morning,
and I
14 would ask
that you stand, and so we can
15
acknowledge you. Congratulations, and
welcome
16 on board.
17 Tom has a very long and illustrious
career
18 in
election administration, starting out as a
19 local
election official, and working his was up
20 through to
serving as Executive Director of the
21 New York
State Board of Elections, very active
22 with the
National Association of State Election
6
1 Directors,
and many other associations. And
2 we're very
pleased and fortunate to have Tom on
3
board. And he will begin, officially,
full
4 time, on
June 20, 2005. This year, 2005.
5 Commissioners.
6 VICE-CHAIR DEGREGORIO: Thank you,
7 Madam
Chair.
8 I would also like to publicly
congratulate
9 Tom Wilke
on his selection as Executive
10 Director.
11 As the Chair pointed out, we had a very
12 good
process to determine who we were going to
13 select for
this very important position with the
14 Election
Commission, and it was a very good
15 process
that we went through. Certainly, the
16 Advisory
Committee and the Standards Board did
17 its due
diligence, and we did ours, and came up
18 with the
best person we could possibly find in
19 the United
States.
20 And Tom Wilke is the person that not
only
21 served as
a local election official, but a state
22 election
official. He is well known throughout
7
1 the
country, and he is a person of great
2 integrity,
great knowledge, and I know will be a
3 great
asset to this Commission, and to the
4 efforts
for election reform at the federal level
5 in the
United States.
6 So I want to take this opportunity
publicly
7 to
congratulate Tom, and know that we welcome
8 you, and
look forward to your starting date.
9 CHAIR HILLMAN: Commissioner
10 Martinez.
11 COMMISSIONER MARTINEZ: Thank you,
12 Madam
Chair.
13 I, too, want to add my sincere
14
congratulations to Tom for this appointment.
15 Obviously,
Tom's background is well known as
16 very
experienced and very respected, a former
17 local and
state election director, but I think
18 perhaps
even more important to me is that for
19 the past
17 or 18 months, and really beyond
20 that, even
before I started my term as a
21
Commissioner, Tom has been available to lend his
22 expertise
to all of us, quite frankly. And I am
8
1 deeply
appreciative that Tom helps me.
2 There comes the startle factor. There must
3 be a short
somewhere.
4 Tom has helped me to understand the
issues
5 from the
perspective of the election
6
administrator. I mean, it is so valuable
for
7 us, as
Commissioners, to get educated and to
8 hear what
impact our decisions have from every
9
perspective.
10 Obviously, as a direct stakeholder,
11 election
administrators, I think, are very
12 fortunate
to have somebody of Tom's caliber,
13
credibility, and experience, to be coming on to
14 the EAC to
advise us not just on an informal
15 basis, and
as a professional and a friend, but
16 now as a
colleague.
17 So I look forward to his insight. I look
18 forward to
his advice, and I look forward to his
19 leadership
during his tenure here in the EAC.
20 Congratulations, Tom.
21 CHAIR HILLMAN: Thank you.
If we can
22 now move
our attention to the minutes from the
9
1 April 26,
2005 meeting. Are there any
2
corrections to the minutes? If not, it
would be
3 in order
to move for approval.
4 VICE-CHAIR DEGREGORIO: So moved.
5 COMMISSIONER MARTINEZ: Second.
6 CHAIR HILLMAN: Okay.
We're all in
7 favor.
8 We have a pretty full agenda this
morning,
9 so we will
get started right away with reports,
10 the
reports. The first report --
11 If the mic's not on, if I'm not audible
--
12 I know
we're doing it for recording purposes as
13 well, so I
hope that even if the mic's not on,
14 it's
getting recorded.
15 First report, Title II requirements
16 payments
update. Margaret Sims, a member of the
17 EAC staff.
18 MS. SIMS: Thank you, Madam Chair.
19 Good
morning, everyone.
20 I'm happy to report that EAC has
processed
21 over
$11,000,000 in HAVA requirements payments
22 since our
last meeting. These payments went to
10
1 two
states, Alaska and North Dakota.
2 The latest disbursements bring the total
3
requirements payments processed by EAC to more
4 than 1.88
billion, of the more than 2.3
5 billion
appropriated for this purpose in fiscal
6 years 2003
and 2004.
7 The payments have gone to 53 of the 55
8 states and
territories eligible to receive them.
9 All 53
have received their 2003 requirements
10
payments. Forty-five of them also
received
11 their full
2004 requirements payments, and two
12 of them
received partial 2004 requirements
13 payments.
14 This leaves just over 437,000,000 to be
15
distributed to ten states from the fiscal year
16 '03 and
'04 funds. Only two states have not
17 received
any requirements payments, and those
18 states are
Guam and New York. New York is
19 expected
to file a certification -- New York is
20 expected
to file certification soon for over
21 153,000,000,
in 2003 and 2004 requirements
22 payments,
now that the state has its
11
1
five-percent match, and its administrative
2 complaint
procedures have been pre-cleared by
3 the
Department of Justice.
4 Guam, certification for its 2003 and
2004
5 payments
is pending. The territories still
6 needs to
file its HAVA compliant administrative
7 complaint
procedures with EAC. That is a
8
prerequisite to its receiving any requirements
9 payments.
10 California recently filed the
certification
11 for its FY
2004 requirements payments, which is
12 worth over
16,000,000. This certification and
13
supplemental materials provided by the state are
14 under
review right now.
15 The remaining outstanding balance of
over
16
$112,000,000 represents the 2004 requirements
17 payments
that have not yet been claimed by seven
18
states. The seven states are Alaska,
Delaware,
19 Hawaii,
Michigan, Montana, Oregon, and Texas.
20 Michigan and Texas, which have received
21 partial
2004 requirements payments, based on a
22 partial
five-percent match, plan to certify for
12
1 the
remaining 2004 funds once their states have
2
appropriated the remaining five-percent match.
3 Alaska, Hawaii, and Oregon, are seeking
the
4 required
five-percent match. Alaska has
5 indicated
they expect to have the match within a
6 couple
weeks. Delaware and Montana cannot
7 certify for their 2004 requirements
payments
8 until
after they have submitted a state plan
9 addressing
the use of those payments, and EAC
10 has
published the plans in the Federal Register
11 for 30
days.
12
Are there any questions?
13 VICE-CHAIR DEGREGORIO: Yes, Peggy.
14 First, we met with Secretary of State
Bruce
15 McPherson
from California a few weeks ago. It
16 appears he
called and he brought the
17
certification.
18 Where are we with that payment?
19 MS. SIMS: At this point, we're
20 reviewing
some supplemental materials that the
21 state
kindly provided. One was a statement
22 indicating
how they intended to comply with the
13
1 state
auditor's recommendations. Another is a
2
clarification of a budget that was submitted
3 with that
statement to indicate how it compares
4 to the
latest budget published in the state plan
5 for
California.
6 The most recent supplemental material
was
7 received
yesterday, so we're right in the middle
8 of
reviewing that. And, hopefully, we'll
have
9 that done
within 24 hours.
10 VICE-CHAIR DEGREGORIO: That is very
11 good.
12 Yesterday, I spoke at the swearing of
the
13 new election
board in St. Louis County. And I
14 was
sitting next to the County Executive on one
15 side, and
the Secretary of State Carnehan on the
16 other.
17 The County Executive made the point that
he
18 doesn't
want to get rid of punch cards, and he
19 has taken
the position that the county is not
20 going to
funds getting rid of the punch cards in
21 St. Louis
County.
22 Missouri has accepted money, and in
doing
14
1 so, they
agreed to get rid of the punch cards
2 that exist
throughout the State of Missouri.
3 About 60 percent of the voters vote on
4 punch cards. And St. Louis County takes the
5 position
they are not going to get rid of punch
6 cards, and
Missouri has accepted the funds.
7 What happens, what will happen next, if
8 they don't
come into compliance with that? Will
9 the State
of Missouri have to give back the
10 three or
four million dollars that's allocated
11 to St.
Louis County for this?
12 MS. SIMS: The state would be
13 required
to a portion of the 102 money that is
14 to cover
the total number of precincts that were
15 considered
for the 102 funds. But aside from
16 that, HAVA
does require that the state meet the
17 301 voting
system standards on and after January
18 1,
2006. And that would apply, regardless
of
19 whether or
not they replace the punch card
20 systems.
21 VICE-CHAIR DEGREGORIO: If they don't
22 replace
punch card and lever machines throughout
15
1 the
country, any jurisdiction, if they have
2 accepted
this 102 money or not, they still have
3 to comply
with 301?
4 MS. SIMS: That's correct.
5 VICE-CHAIR DEGREGORIO: That is what
6 I told
them, and I know the Secretary of State
7 would like
for them to get rid of the punch
8 cards for
them too. I think it would be a good
9 idea for
them to do so too.
10 They are claiming they don't have
funds. I
11 think this
kind of battle is going on throughout
12 the
country, in other jurisdictions, over
13 whether
they have funds or not to replace the
14 punch
cards, especially for jurisdictions who
15 have
waited so long to do so.
16 So thank you for that.
17 COMMISSIONER MARTINEZ: Peggy, I will
18 simply
make an observation, perhaps not so much
19 a
question.
20 I was in Houston yesterday participating
in
21 a
community forum that was sponsored, in part,
22 by Beverly
Kaufman, the County Clerk of Harris
16
1 County,
who oversees elections for Harris County
2 as
well. There was a lot of discussion
about
3 the
transfer of money from the Federal
4 Government
to the Secretary of State's Office in
5
Texas. And I think Texas is slated to
get about
6
$132,000,000 in Title II payments, in addition
7 to the
roughly 25,000,000 or so that was given
8 to Texas
under Title I for machine replacement
9 and other
things.
10 There was just a lot of talk about
success
11
stories. One of the challenges that
Harris
12 County,
many jurisdictions around the country
13 have, for
example, in complying with the very
14 important
provision of the Voting Rights Act
15 Section
2303, which is the minority language
16
provisions, that if a jurisdiction has a certain
17 percentage
of minority residents in that
18 jurisdiction,
they have to provide ballots, in
19 Spanish,
for example. And one of the challenges
20 has always
been to find poll workers who speak
21 that
language, who speaks Spanish or Vietnam,
22 and they
reported success, this past November.
17
1 I think
they had 90 percent of the poll stations
2 in Harris
County had coverage with Spanish
3 language
interpreters that could assist voters
4 who needed
that assistance.
5 So I just wanted to report to you,
6 obviously,
you are doing excellent work in
7 making
sure that the EAC distributes this money
8 and works
with the states so cooperatively to
9 make sure
that the money is flowing. And I was
10 just
fortunate, I think, to get some first hand
11
observations about some of the success stories
12 that, I
think, will be coming out even more.
13
So as we move into the next selection
14 cycle, in
terms of the use of these
15
unprecedented federal funds. Thanks for
the
16 work you
are doing.
17 MS. SIMS: Thank you.
18 COMMISSIONER MARTINEZ: It was a day
19 well
spent.
20 CHAIR HILLMAN: Okay.
Are there any
21 other
questions for Ms. Sims?
22 If not, thank you very much.
18
1 MS. SIMS: Thank you.
2 CHAIR HILLMAN: We now will have
3 several
reports regarding our research agenda
4 for
2005. We'll have an update on the
statewide
5 voter
registration guidance, and following that,
6 an update
on provisional voter, and voter
7
identification study, and then a report on the
8 efforts we
made to collect and analyze data from
9 the
states.
10 Just to put this in context, Section 303
of
11 HAVA
requires that each state develop and
12 maintain a
single statewide list of registered
13
voters. That is a very significant
undertaking.
14 The law
allows, allowed states to waive
15 compliance
with the mandate until January 1,
16 2006. So what we have are 17 states that
17
implemented these lists in time for the November
18 2004
election, and 44 states took the waiver
19 option, which means they must be in
compliance
20 by January
1, 2006.
21 Of the 44, 21 states have entered into
an
22 agreement
for the development of the database,
19
1 and nine
others have requests for proposal
2
pending. And so that leaves a few that
are
3 still
working their way toward being in a
4 position
where they will have requests for