Election Reform Commission (12/16/2008)

Final
STAFF SUMMARY OF MEETING

ELECTION REFORM COMMISSION

Date:	12/16/2008	ATTENDANCE

Time:	09:33 AM to 04:07 PM	Baisley	X
		Balink	X
Place:	SCR 356	Doyle	X
		Gessler	X
This Meeting was called to order by		Hobbs	X
	Senator Gordon	Hultin	X
		Martinez	E
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:
Testimony of Mr. Maurice Knaizer Discussion of House Bill 08-1155 Sunset Updates from Commission Subcommittees Testimony of Mr. William Browning Testimony of Dr. Robert Stein Public Testimony		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

09:33 AM

The commission was called to order. A quorum was present.

09:34 AM -- Testimony of Mr. Maurice Knaizer

Mr. Maurice Knaizer, Assistant Deputy Attorney General, provided expert witness testimony to the commission. Mr. Knaizer, provided background on House Bill 08-1155, concerning the authority of the Secretary of State to continue the certification process for voting systems retested by the Secretary of State in 2007. Mr. Knaizer explained the reason for the bill, and how voting systems are certified under the bill. Mr. Knaizer then discussed the effect of sunsetting the provisions of the bill in July 2009, as provided in current law. Mr. Knaizer responded to questions regarding the types of voting systems that would be decertified if the provisions of House Bill 08-1155 were to sunset, and what voting system certification standards would be applicable if the sunset takes place.

09:44 AM

Mr. Knaizer responded to questions regarding options available to the legislature in light of the sunsetting of House Bill 08-1155, and which voting system certification standards apply to the purchase of new voting equipment. Discussion ensued regarding the time frame required to certify voting systems if the provisions of the bill sunset. Discussion returned to the voting system certification standards that would apply if the provisions of House Bill 08-1155 are repealed by sunset. Discussion turned to the functioning of the voting system certification appeals process as a result of the sunset, and the parties that would be involved in a public hearing to consider decertification of a voting system as provided in state law.

09:55 AM

Discussion continued regarding the appeals process during the certification of voting systems, and the Secretary of State's powers to issue and rescind orders pertaining to voting system certification. Mr. Knaizer responded to questions regarding the certification of voting systems for the 2009 election, and the validity of orders issued under House Bill 08-1155, if the provisions of the bill sunset. Discussion followed regarding the ability of the public, voting system vendors, or counties to appeal a decision of the Secretary of State to decertify certain voting systems if the sunset takes place.

10:05 AM

Discussion ensued regarding certain ambiguities involving repeal language in House Bill 08-1155. Senator Gordon and Mr. Knaizer recapped the issues discussed. Mr. Knaizer responded to questions regarding the process that would take place for voting system certification if the sunset takes place, and options available to the legislature if the sunset is allowed to occur. Discussion ensued regarding voting system vendor remedies if voting systems are decertified by the Secretary of State under the law that would be in place due to the sunset of the provision of House Bill 08-1155. Mr. Knaizer responded to questions regarding voting systems contract stipulations that may have addressed system decertification under the provisions of House Bill 08-1155.

10:16 AM

Discussion continued regarding voting system vendor contract stipulations, and the appeals process in cases of system decertification. Mr. Knaizer responded to questions regarding the process by which the states assumed responsibility of voting system certification from the federal government, and the certification law that resulted in Colorado. Mr. Knaizer responded to further questions regarding the avenues available to Colorado in adopting a voting system certification standard, and the federal government's involvement in voting system certification.

10:22 AM -- Discussion of House Bill 08-1155 Sunset

Chairman Gordon addressed the issues surrounding the sunset of the provisions of House Bill 08-1155, as provided in current law. Chairman Gordon solicited ideas from the commission regarding addressing the issues raised by the sunset. Discussion ensued regarding issues surrounding the current process of certifying voting systems in Colorado, the impact of the bill on system vendors, and the proper role of the state and federal governments in establishing voting system certification requirements. Discussion followed regarding the types of voting systems that were decertified in December 2007, and the impact on the counties of recertifying voting systems. Discussion turned to the impact of future voting system certification standards on the ability to use equipment currently owned by Colorado's counties, and the need for uniform system certification standards at the federal level.

10:34 AM

Discussion continued regarding the merits of certifying voting systems at the state level versus the federal level, the impact of state voting system standards on the ability of the state to attract vendors, and voter opinion of the various types of voting systems. Discussion ensued regarding the potential for adopting voting systems certification standards in place in other states, and the proper state department for taking on the responsibility of voting system certification. Discussion followed regarding the time frame involved in certifying voting systems for the 2008 elections, and problems encountered in certifying the systems in a timely manner.

10:46 AM

Discussion ensued regarding the involvement of the National Association of Secretaries of State and other national bodies in advocating for uniform voting systems certification. Discussion followed regarding the federal government's involvement in electronic voting system certification.

10:49 AM -- Update from Commission Subcommittees

Commissioner Misare provided an update on the work of the Registration and Database Subcommittee, including issues surrounding voter registration forms and requirements for voter registration drives. Commissioner Misare's update also included a discussion of potential improvements to the Statewide Colorado Registration and Election System (SCORE). Discussion ensued regarding voting by overseas and military voters, and voters who return ballots without required identification. Discussion followed regarding the process by which subcommittees will recommend legislation to the full commission. Commissioner Doyle provided a brief update of the Technology and Auditing Subcommittee's work.

10:59 AM

Commissioner O'Malley provided an update on the work of the Uniform and Simplification Subcommittee, and detailed the subjects being addressed by the subcommittee.

11:02 AM

Chairman Gordon discussed the commission's future calendar. The commission recessed.

01:03 PM -- Testimony of Mr. William Browning

Mr. William Browning, Program Manager, Statewide Colorado Registration and Elections System (SCORE), provided testimony regarding the SCORE system. Mr. Browning first provided background on his elections-related credentials, and discussed the projects with which he has been involved. Mr. Browning discussed the successes of the 2008 election cycle in Colorado, and the persons and entities that were involved in making the election successful. Mr. Browning then provided background on the SCORE system and how the system works.

01:13 PM

Mr. Browning continued to provide background on the functions of the SCORE system, and the benefits realized from implementing the system. Discussion ensued regarding centralizing and standardizing elections-related business processes at the state level. Mr. Browning offered suggestions for improving the functionality of the SCORE system, and potential problems with the program going forward.

01:23 PM

Mr. Browning responded to questions regarding the best method for centralizing voter registration at the state level, and the benefits of moving to self-service voter registration. Mr. Browning responded to further questions regarding the benefits of reorganizing the Secretary of State's Office, and which functions and positions would benefit from reorganization. Discussion ensued regarding specific difficulties encountered with the technology involved in the SCORE system, and referential integrity within the system.

01:34 PM

Discussion continued regarding referential integrity within the SCORE system. Mr. Browning responded to questions regarding the network connectivity and process language used for the SCORE system, and how the lack of a driver's license match is treated by the system when a voter's registration is being processed. Mr. Browning responded to further questions regarding the disparity between the number of registered drivers and registered voters in Colorado. Discussion followed regarding the cost for contracting with certain companies to implement the SCORE system.

01:44 PM

Discussion ensued regarding the ability to realize efficiencies through technology, and the source of funding for SCORE in the future. Discussion returned to the successes realized during the 2008 election as a result of the implementation of the SCORE system, and improvements still needed on the system. Discussion followed regarding the status of a report authored by Mr. Browning.

01:51 PM -- Testimony of Dr. Robert Stein

Dr. Robert Stein, Professor of Political Science, Rice University, presented testimony regarding voter experience with differing voting systems and the use of vote centers. Commission members received copies of the slides used in Dr. Stein's presentation (Attachment A). Dr. Stein provided background on the design and implementation of a study conducted in Colorado and elsewhere regarding the use of paper ballots and electronic voting machines.

02:01 PM

Dr. Stein continued to discuss the design of the study conducted in Colorado, including questions posed to voters in exit polling. Dr. Stein then explained the results of the study, and provided some interpretation of the data gleaned.

02:11 PM

Dr. Stein discussed the conclusions reached in comparing paper and electronic voting systems. Dr. Stein responded to questions regarding the study's response level to a question concerning the need for technical support in using a paper or electronic voting system. Dr. Stein responded to further questions regarding the public's level of confidence in the voting system in Colorado, and follow-up questions regarding the public's satisfaction with vote centers. Discussion ensued regarding the importance of poll workers in instilling confidence in the use of vote centers. Discussion followed regarding certain statistics contained in Attachment A.

02:21 PM

Discussion ensued regarding normalizing the data in Dr. Stein's study to make an accurate comparison of the public's perception of paper ballots and electronic voting machines. Dr. Stein responded to questions regarding the reason for the preference for paper ballots in Colorado, and which type of voting is preferred in other parts of the country. Discussion ensued regarding counties in Colorado that provided the option of using either paper or electronic voting systems during the 2008 election, and the preferred voting method in those counties. Discussion followed regarding the use of optical scanners to count paper ballots in certain counties. Dr. Stein commented on the public's preferred voting methods in Colorado, and the impact of familiarity on voting method preference.

02:32 PM

Dr. Stein discussed the impact of a decision to use a specific voting method, such as early or mail-in voting, on voter turnout. Dr. Stein responded to questions regarding national trends in voting methods, and an overall preference for early voting. Dr. Stein then discussed the cost of early voting, and the phenomenon of information loss as it relates to early and mail-in voting, especially during primary elections.

02:42 PM

Dr. Stein responded to questions regarding public rejection of a lack of choice in the area of early voting. Discussion ensued regarding specific precincts where the opportunity for early voting had been rescinded. Dr. Stein responded to questions regarding the prevalence of early and mail-in voting among the states. Discussion ensued regarding the percentage of early voters in Colorado during the 2008 election. Dr. Stein provided closing remarks regarding the scope of his recent study.

02:52 PM

The commission recessed.

03:12 PM -- Public Testimony

The following persons testified before the commission:

03:12 PM -- Mr. Russ Ragsdale, representing the County of Broomfield, testified before the commission. Commission members received written copies of Mr. Ragsdale's testimony (Attachment B). Mr. Ragsdale discussed his professional background as it pertains to elections, and offered his perspective on voting systems certification at the federal level. Mr. Ragsdale provided some background on the recent history of federal certification standards, and discussed the current status of the standards. Mr. Ragsdale explained how the federal Election Assistance Commission, with which he works as a representative, performs testing on electronic voting systems. Mr. Ragsdale discussed the types of electronic voting systems that will be allowed for use in Colorado if the provisions of House Bill 08-1155 are allowed to sunset. Finally, Mr. Ragsdale discussed options available to the commission and legislature as it considers establishing voting system certification standards, and offered his opinion on the proper course of action.

03:22 PM

Mr. Ragsdale responded to questions regarding the nature of his work with the federal Election Assistance Commission, and his recommendations for changes to the voting system certification process in Colorado in light of the impending sunset of the provisions of House Bill 08-1155. Mr. Ragsdale responded to further questions regarding the impact of state and federal certification standards on adopting voting system technology enhancements offered by vendors. Discussion ensued regarding the proper voting system testing standards for Colorado to adopt as the 2007 federal standards are finalized.

03:33 PM

Discussion ensued regarding the efficacy of the current generation of electronic voting systems, the ability to ensure the integrity of the systems used in Colorado, and the direction Colorado should go with regard to acquiring and certifying sound voting equipment in the future. The discussion included consideration of adopting voting system certification standards promulgated by another state or the federal Election Assistance Commission. Mr. Ragsdale responded to questions regarding the status of voting system testing and certification standards at the federal level.

03:43 PM

Mr. Ragsdale responded to questions regarding the requirements contained in voting system certification standards promulgated by the federal government in 2002 and 2005. Discussion returned to the potential for adopting voting system certification standards promulgated by another state such as California, and the nature of the standards adopted by California and Florida. Mr. Ragsdale responded to questions regarding the incremental improvement of electronic voting systems by vendors. Mr. Ragsdale responded to questions regarding the vendors that are registered for testing with the federal Election Assistance Commission.

03:53 PM

Discussion ensued regarding situations where states have relied upon the certification standards adopted by other states, and the potential for the need for reciprocal agreements between states if certification standards are shared between states. Discussion followed regarding the number of states that rely upon federal certification standards for electronic voting machines. Commission members received a sheet created by the federal Election Assistance Commission showing which states participate in federal voting standards (Attachment C). Discussion turned to the cost associated with voting system certification.

04:01 PM -- Ms. Mary Eberle, representing Coloradans for Voting Integrity, testified before the commission. Commission members received a handout entitled "the Twelve Principles of Good Election Practice" authored by the Democracy Technology Project (Attachment D). Ms. Eberle addressed comments made during earlier testimony. Ms. Eberle then read the contents of Attachment D for the record, and commented on the types of voting systems that would create confidence on the part of the public in the voting process. Discussion ensued regarding the availability for use of a certain voting system in Colorado.

04:07 PM

The commission discussed the upcoming commission schedule. The commission then adjourned.