August 11, 2004

Election law update needed

Electronic voting presents unique problems, state officials say

By Phil Kabler
Staff writer

State election laws will need to be updated to prepare for the advent of electronic touch-screen voting, according to the top elections official in the secretary of state’s office.

Cindy Smith said the secretary of state’s office was encouraged by advances in electronic voting technology displayed at the recent National Association of Secretaries of State Summer Conference.

West Virginia officials plan to have electronic voting in every county in time for the 2006 statewide election.

Last summer, Secretary of State Joe Manchin froze $18.6 million of federal Help America Vote Act funds intended to help counties replace antiquated paper and punch-card ballots.

That was after several reports and studies showing that electronic voting machines could be vulnerable to vote-rigging and tampering.

At the time, Manchin said he wanted to wait until machines were developed that would produce a paper copy of each voter’s ballot — preferably a copy the voter could review before casting the ballot.

Smith said at least three prototype machines that produce a “paper trail” were displayed at the conference in New Orleans.

She said two of the machines display printed versions of the ballot that voters review through a pane of glass. The third machine printed out a ballot that the voter would take to the ballot box.

Smith said the office’s preference is that voters not have any actual contact with the ballot, to eliminate any possibility of ballot tampering.

Under state election law, the office will recommend to the state Elections Commission what machines are to be certified for use in state elections.

Before that happens, Smith said, “There are some legislative issues that need to be cleared up.”

She said election law will need to be updated to deal with situations unique to the electronic voting machines.

One example, she said, would be how to invalidate a ballot if the voter, upon review of the printed ballot, determined that he had inadvertently voted for the wrong candidate.

With current paper or punch-card ballot, the voter would have the precinct workers declare the ballot spoiled, and would be able to cast a correct ballot.

Lawmakers would have to decide on procedures for nullifying a ballot on electronic machines if there is no way during balloting to physically remove the erroneous printed ballot.

With Manchin leaving office in January, the matter of updating election law will be left to the next secretary of state.

“We will do as much as humanly possible to get prepared for the next secretary of state who comes into office,” Smith said.

Sen. Mike Oliverio, D-Monongalia, who has been active in election law issues, said he is confident the Legislature will work with the secretary of state to update the laws — particularly since that legislation would permit the release of the federal HAVA funding.

“At the end of the day, the most important thing is to have ultimate accountability as to how votes are cast and counted,” he said. “I’m sure one of the things that will make it easier is that we have a lot of federal dollars available to buy these machines.”

To contact staff writer Phil Kabler, use e-mail or call 348-1220.