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Ensuring Privacy and Independence
Under the terms of the Help America Vote Act (HAVA), the voting system used for federal offices must permit all voters to vote privately and independently.
Specifically, Section 301(3) of the HAVA requires that every voting system used in a federal election:
be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters
..through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place.
With the passage of 2003 Wisconsin Act 265, which incorporated sections of HAVA into state law, municipalities are no longer permitted to use polling places that are not fully accessible, and the municipal clerk is required to make reasonable efforts to comply with requests for voting accommodations made by individuals with disabilities. This means that all polling places must be fully accessible, and every polling place must be equipped with an accessible component of voting equipment by the date of the September 2006 primary election. The U.S. Department of Justice has indicated that they will not allow any waivers or exemptions to these requirements.
The State Elections Board is working to increase access to the election process for people with disabilities through the use of specially designed voting systems. This includes developing and implementing standards for the approval of accessible voting systems for use in Wisconsin.
The State Elections Board has promulgated a set of administrative rules to establish the process for the approval of electronic voting equipment in Wisconsin. No voting equipment may be purchased or used until it has passed federal qualification and state approval. The U. S. Election Assistance Commission, in cooperation with the National Institute of Standards and Technology, has developed the Federal Voting System Standards (FVSS). A vendor who wishes to qualify equipment against those standards must apply to an independent testing authority approved by the National Association of State Election Directors. Once equipment has been qualified against the latest version of the FVSS a vendor may then apply for state approval in the state of Wisconsin.
After a vendor has submitted an application for approval in Wisconsin all equipment and materials will then be reviewed by State Elections Board staff and the Election Administration Council. After staff and the Council have reviewed a mock election, other test results, and examined the equipment, the system is demonstrated at a State Elections Board meeting. The Elections Board makes the final determination on the approval of the voting system at a public meeting. (Information on approved voting systems can be found on the SEB Web site.)
The State Elections Board is also working to increase access to the election process for people with disabilities by assisting municipalities with the purchase and deployment of specially designed voting systems and equipment that meets the standards established by HAVA and the State Elections Board.
The State Elections Board encourages municipalities to focus on acquiring the voting system which best meets their needs, and to base their purchase decisions on considerations such as accessibility, compatibility with existing voting systems and the ability to coordinate with other municipalities or counties.
In order to comply with the HAVA requirements to ensure privacy and independence in the voting process for individuals with disabilities, Wisconsin has allocated $18,000,000 in federal HAVA funds for the purchase of one accessible voting component per polling location.
The State Elections Board is offering reimbursement funding to assist municipalities with the HAVA requirement to provide privacy, confidentiality and independence in the voting process for all voters and to increase accessibility to individuals with disabilities. This may include, but is not limited to, visual, hearing, mobility or dexterity disabilities.
A municipality may receive a reimbursement grant of up to $6,000 for the purchase of one accessible voting system per polling place. Funding will only be provided for voting systems and accessories that will increase accessibility, privacy and independence for individuals with disabilities. Only voting systems and accessories that have been approved by the State Elections Board for use in Wisconsin.
Reimbursement will only be provided for each polling place, regardless of the number of wards or municipalities that use the polling place for voting purposes.
Funding (up to $6,000 limit) will be provided for any hardware, software, programming, maintenance or other costs related to the purchase and operation of an accessible voting system.
Before applying for voting equipment funding, a municipality must certify that the polling place (the location) is fully accessible based upon the Wisconsin State Elections Boards Polling Place Accessibility Survey. Submission of this survey qualifies, but does not entitle, a municipality for funding under this grant. Failure to ensure an accessible polling place does not exempt a municipality from complying with the accessibility, privacy and independence requirements of HAVA. A useful guide that illustrates features of an accessible polling place--the U.S. Department of Justice ADA Checklist for Polling Places--is available online.
While the maximum voting equipment grant allowable is $6,000, any limitation on the availability of funds through this grant does not exempt municipalities from complying with all accessibility aspects of HAVA. Grants will only be awarded for polling places that have been established by September 1, 2005.
All municipalities must have accessible voting equipment in place no later than the September 12, 2006 election. Therefore, no initial applications for reimbursement funding will be accepted after September 1, 2006. All requests for funding (such as for maintenance or ballot programming) must be submitted to and approved by SEB no later than June 30, 2007. No funds will be disbursed after June 30, 2007.
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