Section 1: Compliance with Requirements of Title II -
California's Plan for Voting in the 21st Century



Section 254(a)(1), page 72
How the state will use the requirements payment to meet the requirements of Title III, and, if applicable under Section 251(a)(2), to carry out other activities to improve the administration of elections.

Title III, commencing with Section 301 (page 96), sets forth "Uniform and Non-Discriminatory Election Technology and Administration Requirements."

Below is a summary of the requirements of Title III of HAVA and how California will use the requirements payment to comply with that federal law. It should be noted that, pursuant to Section 305 (page 124), the specific choices on the methods of complying with the requirements of Title III are left to the discretion of the State.

A. Voting Systems Standards
Section 301(a), pages 96-102
Federal Law
HAVA requires that each voting system used in a federal election on or after January 1, 2006, meet each of the following requirements.

Balloting errors
The voting system must permit the voter to verify privately and independently the votes selected before casting a ballot and must permit the voter privately and independently to change or correct a ballot before it is cast, including receiving a replacement ballot.
Note that the requirement that a voting system permit the voter to verify the votes selected before casting a ballot may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the new requirements of HAVA.

Voter notice on overvoting and correction
The voting system must:

Paper-based voting systems compliance
Paper-based voting systems, including absentee balloting systems, may meet the above requirements with:

Voting system audit requirements (pages 98-99)
The voting system must:

Accessibility for individuals with disabilities (page 99)
The voting system must be accessible to voters with disabilities, including voters with visual impairment, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

The above requirement is met by providing at least one DRE voting unit, or other voting system equipped for individuals with disabilities at each polling place.

All voting systems purchased with Title II funding after January 1, 2007, shall comply with these requirements.

Alternative language accessibility (page 99)
The voting system must meet all requirements of alternative language access of Section 203 of the Voting Rights Act of 1965 (42 USC 1973aa-1a).

Error rates (page 100)
The voting system must meet FEC guidelines (Section 3.2.1) for voting system error rates — errors attributable only to system errors, and not an act of the voter — in effect at the time of HAVA's enactment (October 29, 2002).

Definition of vote (page 100)
Each state shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State.

Hava Compliance With Voting Systems Standards
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory, legislative, voting system certification and decertification processes, or otherwise, comply with HAVA, including the replacement of voting systems that do not comply. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,11 will, in conjunction with the consultation referred to above, in part:

B. Provisional Voting
Section 302, pages 102-104
Federal Law
Section 302(a) (page 102) requires that "provisional voting" be permitted in federal elections on or after January 1, 2004. Under HAVA, if a voter's name does not appear on the official list, or the elections official asserts the voter is ineligible, the voter is entitled to cast a provisional ballot as follows:

HAVA also requires (Section 302(c), page 106) that voters who cast ballots after the normal poll closing as a result of a Federal or state order, vote by provisional ballot that is segregated from regular provisional ballots.

Hava Compliance With Provisional Ballot Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA, including its provisional ballot requirements. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,12 will, in conjunction with the consultation referred to above, in part:

C. Voter Information Requirements
Section 302(b), pages 104-106
Federal law
Section 302(b) (pages 104-105) requires that, with respect to federal elections held on or after January 1, 2004, elections officials post specified voting information at each polling place on Election Day, including:

Hava Compliance With Voting Information Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer13 will, in conjunction with the consultation referred to above, in part, consider developing voting information in appropriate languages for posting at polling places and other appropriate places, and for printing in appropriate community-based and other publications, including specific information, such as the right:

The State will also, in part, ensure that the information posted at polling places by local elections officials includes all of the information required to be posted by HAVA and ensure that all information provided at polling places be accessible to the widest possible audience, including persons with disabilities, language assistance needs, and limited literacy skills.

D. Statewide Voter Registration Database Requirements
Section 303, pages 106-111
Federal law
Section 303 (page 106) requires that the Secretary of State, as Chief Elections Officer, implement, in a uniform and nondiscriminatory manner, by January 1, 2004,14 a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each such voter. The computerized list shall:

Maintenance of the official list shall be performed on a regular basis as follows:

Hava Compliance With Statewide Database Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,15 will, in conjunction with the consultation referred to above, in part, as soon as is reasonably possible, either modify California's current statewide database (Calvoter) so that it complies with HAVA or establish a new statewide database that complies with HAVA, but in either case, shall:

E. Requirements For Verification of Voter Registration Information
Section 303, pages 111-117
Federal Law
Section 303(a)(5)(page 111), beginning January 1, 2004, or January 1, 2006, 16 mandates specific requirements with respect to an application for voter registration for a federal election.
Such application may not be accepted or processed unless it includes the driver's license number of an applicant who has been issued a current, valid driver's license; or, if a valid driver's license has not been issued the last four digits of an applicant's social security number.
However, if an applicant has not been issued a current, valid driver's license or a social security number, then the State shall issue a unique identifying number.

To the extent the State has a computerized list, this unique identifying number shall be the number assigned to the applicant for purposes of the computerized list.

The State shall determine whether the information provided by the applicant — driver's license number or partial social security number (the last four digits) — is sufficient to meet the requirements of HAVA.

The Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles, and the Department of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security, to verify the accuracy of the information provided by the voter registration applicant, specifically:

Nothing shall be construed to require provision of applicable information under exceptional circumstances, e.g. personal safety or interference with an investigation.

Hava Compliance With Requirements for Verification of Voter Registration Information
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,17 will, in conjunction with the consultation referred to above, ensure that the State complies with HAVA's requirements with respect to the requirements for verification of voter registration information with respect to federal elections. In complying with these requirements, the Secretary of State will, in part:

F. Special Requirements for Certain Voters Who Register By Mail
Section 303, pages 117-124
Federal law
Beginning January 1, 2004 (page 124), the State shall, in a uniform and nondiscriminatory manner, require proof of residence from a registered voter for purposes of casting a ballot in a federal election, if the voter registered to vote in a jurisdiction by mail on or after January 1, 2003, and has not previously voted in an election for federal office in the State, or has not voted in an election for federal office in the jurisdiction and the jurisdiction is located in a State that does not have a HAVA-compliant statewide voter registration computerized list.
If the voter meets these conditions, and he or she votes in person at a polling location, the voter shall, in order to vote, present to the appropriate elections official a current and valid photo identification or a copy of one of the following that shows the name and address of the voter:

If the voter meets these conditions and he or she votes by mail — absentee ballot — the voter shall, in order to vote, submit with his or her ballot to the appropriate elections official a copy of a copy of one of the following that shows the name and address of the voter:

Any voter subject to these requirements who votes in person and who does not provide proof of residence as required shall be provided a provisional ballot.

Any voter subject to these requirements who votes by mail — absentee ballot — and who does not provide proof of residence as required shall have their ballot treated as a provisional ballot.

Exceptions
Section 303(b)(3), page 119
The requirements for first-time voters to provide proof of residence shall not apply when any of the following apply:
1. The voter registers under Section 6 of the NVRA (42 U.S.C. § 1973gg—4) and submits as part of the voter registration a copy of a current and valid photo identification or a copy of one of the following showing the name and address of the voter:

2. The voter registers under Section 6 of the NVRA (42 U.S.C. § 1973gg—4) and submits as part of the registration (subject to state verification of the information, including the applicant's name and birth date) a driver's license number, or at least the last four digits of their social security number.

3. The voter is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff—1 et seq.).

4. The voter is entitled to vote other than in person by Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973ee—1).

5. The voter is entitled under federal law to vote other than in person.

Hava Compliance With Special Requirements For Certain Voters Who Register By Mail
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,18 will, in conjunction with the consultation referred to above, comply with HAVA's requirements with respect to special requirements for certain voters who register by mail. In implementing these provisions, California will, in part:

ensure that elections officials, poll workers and voters understand clearly which voters are subject to the identification requirements; understand the procedures for soliciting, reviewing and processing identification, and advise individuals of their right to cast a provisional ballot when appropriate;

apply the identification requirements only to those who meet the specific criteria set forth in Section 303(b)(1), namely those who register by mail on or after January 1, 2003, and who have not previously voted in an election for federal office in the jurisdiction;19

define "register by mail" for purposes of Section 303 of HAVA to mean a voter registration card received by an elections official with a postmark indicating that it has been mailed by the registrant to the elections official;

as soon as possible, whether or not the Commission has promulgated voluntary guidelines, clarify for voters, local elections official, and poll workers, in a uniform and nondiscriminatory way, which forms of identification are acceptable to be used as valid identification as permitted under Section 303(b)(2)(A), construing such provisions of law broadly to permit the use of the identification to satisfy the requirements of HAVA, such clarification being incorporated herein by reference as if set forth in detail;

monitor the application of the identification provisions, including utilization of a hotline for the reporting of alleged illegal application of identification requirements;

ensure compliance with Section 203 of the Voting Rights Act (42 U.S.C. § 1973aa-1a).

G. Mail-in Registration Form Requirements
Section 303(b)(4), pages 121-122
Federal law
The voter registration form developed under Section 6 of the NVRA (42 U.S.C. § 1973gg-4) must include:

If an applicant fails to answer the question: "Are you a citizen of the United States of America?" the registrar shall notify the applicant of the failure to complete the form and provide an opportunity to the applicant to complete the form in a timely manner.

Hava Compliance With Mail-in Registration Form Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,20 will, in conjunction with the consultation referred to above, develop uniform and nondiscriminatory procedures to meet the requirements of Section 303(b)(4) of HAVA.

H. Use of Requirements Payment for Other Than Complying With Title III
Section 251(b)(pages 65-66) permits the use of requirements payments only for complying with Title III, except that a State may use a requirements payment to carry out other activities to improve the administration of elections, if the state certifies that it has implemented the requirements of Title III or the amount expended with respect to such other activities does not exceed an amount equal to the minimum payment amount applicable to the State under Section 252(c), page 68 (one-half of one percent of the total amount appropriated for requirements payments for the year).

Hava Compliance With Use of Requirements Payment for Other Than Complying With Title III
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,21 will, in conjunction with the consultation referred to above, determine how any funds available pursuant to Section 251(b) (pages 65-66) should be spent in order to improve the administration of elections for federal office in California.


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