Final
STAFF SUMMARY OF MEETING

ELECTION REFORM COMMISSION

Date:02/10/2009
ATTENDANCE
Time:09:37 AM to 03:21 PM
Baisley
X
Balink
X
Place:SupCt
Doyle
X
Gessler
X
This Meeting was called to order by
Hobbs
X
Senator Gordon
Hultin
X
Martinez
X
This Report was prepared by
Misare
X
Bo Pogue
Nickell
X
O'Malley
X
, , ,
Gordon
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Presentation by Mr. Ivan Meek
Presentation by Colorado Lawyers Committee Election Task Force
Discussion Regarding House Bill 09-1018
Registration and Database Subcommittee Recommendations
Technology and Auditing Subcommittee Recommendations
Uniformity and Simplification Subcommittee Recommendations
Calendar Setting and Other Business
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only
Witness Testimony and/or Committee Discussion Only


09:37 AM -- Presentation by Mr. Ivan Meek, Democracy Technology Project

The commission was called to order. A quorum was present. Mr. Ivan Meek, representing the Democracy Technology Project, presented a powerpoint presentation on the project's initiatives, including the Shear Card Vote Recorder technology. Committee members received a handout entitled "The Twelve Principles of Sound Election Practice," prepared by the Democracy Technology Project (Attachment A). Mr. Meek discussed the merits and failures of various types of voting technologies, focusing on the benefits of using the Shear Card Vote Recorder. Mr. Meek provided clarification regarding the use of punch card technologies in Colorado, and highlighted the features contained in the Shear Card machine for assisting special needs voters.

090210AttachA.pdf

09:47 AM

Mr. Meek continued to brief the commission on the Shear Card Vote Recorder, highlighting the machine's security features and other protective features, and tabulating technology compatible with the machine. Mr. Meek also discussed the costs associated with the machine. Mr. Meek then discussed the issue of voter disenfranchisement associated with voting technology.




09:58 AM

Mr. Meek responded to questions regarding the time frame within which the Shear Card Vote Recorder may be available for use, and the ability of the machine to accommodate multiple styles of ballots. Mr. Meek responded to further questions regarding the compatibility of the machine with mail-in ballots, and the use of an optical scanner with the machine.

10:03 AM -- Presentation by Colorado Lawyers Committee Election Task Force

Ms. Martha Tierney, and Mr. Richard Westfall, representing the Colorado Lawyers Committee Election Task Force, presented recommendations regarding elections in Colorado and improvements to the election process. Commission members received written copies of the testimony, prepared by the task force (Attachment B). Mr. Westfall discussed the mission and work of the task force, stressing the bipartisan nature of the task force. Mr. Westfall then read portions of Attachment B. Ms. Tierney highlighted the task force's recommendations regarding uniformity and standardization contained in Attachment B.

090210AttachB.pdf

10:13 AM

Ms. Tierney continued briefing the commission on the Colorado Lawyers Committee Election Task Force's recommendations for improving elections in Colorado, relying on the testimony in Attachment B. Mr. Westfall weighed in on the issue of uniformity in precinct-level reporting requirements, and preserving the voting franchise for persons with disabilities. Discussion ensued regarding the task force's position on the Secretary of State's rulemaking process as it pertains to election judge training.

10:24 AM

Discussion ensued regarding the vote center concept and precinct-level recording, and types of identification allowed at tribal polling places. Ms. Jennifer Weddle, Colorado Lawyers Committee Election Task Force, weighed in on the tribal identification issue. Discussion returned to election judge training, along with poll watcher training. Discussion followed regarding the task force's recommended methods for curing voter registration deficiencies, and requiring proof of citizenship to register to vote.

10:36 AM

Discussion continued regarding the Lawyers Committee Election Task Force's position on identification required for election-related purposes.


10:38 AM -- Discussion Regarding House Bill 09-1018

Representative Paul Weissmann, Majority Leader of the Colorado House of Representatives, entered into a discussion with the commission regarding House Bill 09-1018, concerning the removal of obsolete language in statutory provisions implementing the statewide voter registration and election system for the purposes of compliance with the federal "Help America Vote Act." Committee members received copies of the introduced bill (Attachment C), and the bill as amended by the House State, Veterans, and Military Affairs Committee (Attachment D). Representative Weissmann provided background on the bill. Mr. Richard Coolidge, representing the Secretary of State, provided additional background and clarification on the bill. Mr. Coolidge explained the function of an amendment to the bill passed by the House committee. Discussion ensued regarding the opinion of county clerks and others on the amendment, and the technical clean-up nature of the bill. Discussion followed regarding certain language in the pre-amended version of the bill.

090210AttachC.pdf 090210AttachD.pdf

10:48 AM

Discussion ensued regarding the Majority Leader's desired course of action on House Bill 09-1018 by the commission, and the potential for the General Assembly to refrain from pursuing legislation that changes the elections statutes until the commission issues its findings.

10:50 AM

The commission recessed.

11:07 AM -- Registration and Database Subcommittee Recommendations

The commission returned to order. The commission entered into a discussion regarding the final recommendations of the Registration and Database Subcommittee. Committee members received copies of the final recommendations (Attachment E), as well as written comments on the recommendations from Coloradans for Voting Integrity (Attachment F). Commissioner Misare briefed the commission on the final recommendations, and how the subcommittee arrived at the recommendations. Commissioner Misare responded to questions regarding the reason for adding the amendment to the final recommendations, dated February 3rd (contained in Attachment E). Discussion ensued regarding the recommendations to require proof of citizenship when registering to vote, and to require photo identification when registering to vote.

090210AttachE.pdf 090210AttachF.pdf


11:17 AM

Discussion ensued regarding the implementation of the Statewide Colorado Registration and Election (SCORE) system. Commissioner Hobbs referenced an assessment of the system prepared by a consultant, copies of which were received by the commissioners (Attachment G). Commissioner Hobbs responded to questions regarding the potential for creating an advisory board to provide oversight of SCORE, as recommended by the subcommittee. The commission then discussed the advisory board concept, and the functioning of the board.

090210AttachG.pdf

11:27 AM

The commission continued to discuss the potential creation of an advisory board to oversee SCORE. Commissioner Misare responded to questions regarding the issue of tribal identification for voting purposes, as discussed during the Colorado Lawyers Committee Election Task Force presentation. Discussion ensued regarding the process by which the commission will act on the various subcommittee recommendations, and the potential for amending the recommendations. Discussion returned to the SCORE system, and the ability to coordinate SCORE and the federal Social Security Administration database to affirm voter information. Commissioner Baisley weighed in on the tribal identification issue.

11:37 AM

Commissioner Misare responded to questions regarding the potential for implementing universal voter registration. Commissioner Balink discussed a subcommittee recommendation to expand the post-election signature verification period, and the period for providing identification to voters who are identification deficient. Discussion ensued regarding a subcommittee recommendation to strike certain language in Section 1-2-217.5, Colorado Revised Statutes, pertaining to emergency voter registration, as found in recommendation 5 in Attachment E, and the reason the provision is in state law.

11:47 AM

Discussion continued regarding emergency voter registration provisions currently in state law, the treatment of emergency registration in other states, and how county clerks process emergency registrations. Commissioner Hobbs addressed recommendation 8 in Attachment E pertaining to the state's voter registration form "check box" for indicating a lack of state identification. Discussion ensued regarding the check box issue, and training for those participating in a voter registration drive, as addressed in recommendation 9. Commissioner Misare provided clarification regarding recommendations, 10, 1, and 8 in Attachment E.

11:57 AM

Discussion ensued regarding the creation of a national voter registration database. Discussion returned to the issues of proof of citizenship and presentation of photo identification when registering to vote. Commissioner Balink addressed subcommittee recommendations 8 and 9, and the issue of identification requirements for election-related purposes.

12:02 PM

The committee recessed.




01:37 PM -- Technology and Auditing Subcommittee Recommendations

The commission returned to order. Commissioner Doyle presented the final recommendations of the Technology and Auditing Subcommittee. Commission members received the final recommendations (Attachment H), along with printed copies of the powerpoint presentation that Commissioner Doyle relied upon during his presentation (Attachment I). Commission members also received comments regarding the final recommendations, prepared by Coloradans for Voting Integrity (Attachment J), and a press release from the Election Assistance Commission regarding its certification of a specific voting system (Attachment K). Commissioner Doyle's presentation included the rationales behind the subcommittee's recommendations.

090210AttachH.pdf 090210AttachI.pdf 090210AttachJ.pdf
090210AttachK.pdf

01:47 PM

Commissioner Doyle continued to brief the commission on the Technology and Auditing Subcommittee's recommendations. Commissioner Baisley presented a dissenting opinion regarding a subcommittee recommendation that direct recording electronic (DRE) voting equipment usage be abolished in Colorado after 2013. Commissioner Baisley's dissent relied upon a set of slides contained in Attachment I.

01:57 PM

Commissioner Baisley continued to present a dissenting opinion regarding the use of DRE equipment in the future.

02:09 PM

Commissioner Doyle responded to questions regarding "gross" and "net" accuracy, in reference to the use of optical scan devices in the 2008 Minnesota Senate race. Discussion ensued on the subject of optical scan accuracy. Commissioner Doyle responded to further questions regarding the fielding of dissenting opinions on the subject of DREs by the subcommittee in formulating its recommendations.

02:20 PM

Discussion continued regarding the use of DRE equipment. Discussion returned to the sources considered by the subcommittee in creating its recommendations pertaining to the use of DREs. Commissioner Hultin provided clarification regarding the push to phase out DRE equipment, and the sources considered in making the recommendation. Commissioner Nickell spoke to the benefits of allowing counties the option to use DREs instead of mandating paper ballots. Discussion followed regarding the decertification of certain equipment in 2007 by the Secretary of State, and the sunsetting of a subsequent statute that allowed certification.


02:30 PM

Discussion ensued regarding the use of the term "chief election official" in the subcommittee's recommendations. Commissioner Doyle responded to questions regarding the subcommittee's consideration of certain on-line registration technologies. Discussion followed regarding the ability of certain counties to host all-paper-ballot elections, and the time frame for moving away from DRE equipment contained in the subcommittee's recommendations. Discussion turned to the fiscal impact and technical feasibility of mandating all-paper-ballot elections, and the impact of the mandate on county clerks.

02:40 PM

Discussion continued regarding the subcommittee recommendation for moving to all-paper-ballot elections statewide, and the reliability of DRE equipment. Discussion followed regarding the subcommittee's recommendation regarding testing and certification of a voting system that has only been modified. Commissioner Doyle responded to questions regarding the subcommittee's recommendations on the elections audit process, and the ability to modify electronic voting systems to accept auditable batches of votes. Commissioner Hultin weighed in on the subcommittee's decision-making process in formulating its final recommendations.

02:50 PM -- Uniformity and Simplification Subcommittee Recommendations

Commissioner O'Malley presented the final recommendations of the Uniformity and Simplification Subcommittee. Commission members received copies of the subcommittee's final recommendations (Attachment L), along with comments on the recommendations by Coloradans for Voting Integrity (Attachment M). Commissioner O'Malley recited the recommendations in Attachment L, while providing additional commentary on the recommendations.

090210AttachL.pdf 090210AttachM.pdf

03:00 PM

Commissioner O'Malley continued to brief the commission on the subcommittee's recommendations.

03:11 PM

Commissioner O'Malley continued to brief the commission on the subcommittee's recommendations. Commissioner Balink commented on a subcommittee recommendation to require video training of election officials, and a recommendation that uncontested primary elections be conducted using one polling location in the county. Discussion ensued regarding the potential for voters to receive paper ballots by mail, and to then turn them in at a polling place to be scanned by an optical scanner. Commissioner O'Malley responded to questions regarding a recommendation pertaining to voter eligibility in all-mail-ballot elections. Discussion then took place regarding active/inactive status in all-mail-ballot elections. Commissioner O'Malley explained her reasons for dissenting from the subcommittee's recommendations in the area of elections-related training.

03:20 PM -- Calendar Setting and Other Business

The commission discussed its meeting calendar, deciding to meet on Tuesday, February 17th at 9:45 a.m.

03:21 PM

The commission adjourned.