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Elections Main Page

The States Tackle Election Reform
Summary of 2003 Legislative Action

There was an enormous surge in the volume of election reform legislation in state legislatures after the 2000 Florida presidential election. States considered a total of 3,643 bills addressing elections during those two years, and passed 492 of them into law. The high volume continues in 2003, with a new twist-many state legislatures are looking at what their state must do to comply with the new "Help America Vote Act."

Here's a snapshot of what states are working on this year:

 HAVA Compliance

46 states had bills dealing with the federal "Help America Vote Act"in 2003. The HAVA bill provides funding to states for elections, and includes several mandates for reform. Among HAVA's requirements are:

• Voting system standards, including polling place accessibility for disabled voters
• Computerized statewide voter registration list
• New voter registration requirements (unique identifier for each voter)
• Provisional voting
• Voting information at polling places
• Voter ID for first-time voters who register by mail

Some of the state bills were comprehensive, and addressed most, if not all, of the requirements of HAVA. Other states started by addressing a narrower section of HAVA.

Forty-six states considered HAVA-related legislation in 2003, and 38 states passed new HAVA-related laws.

Of these, 26 states passed fairly comprehensive HAVA-compliance bills and the governor signed. These states were:

Kansas and Iowa passed comprehensive HAVA-compliance bills, but their governors vetoed them. A HAVA bill was vetoed in Arizona too, but another bill was later passed and signed by the governor.

In New Jersey, a comprehensive HAVA-compliance bill passed the legislature. It was conditionally vetoed by the Governor on December 11, 2003. On December 15, the Assembly voted to concur with the Governor's recommendations. The Senate override failed, and the bill died at the end of session.

Of the remaining states, most had some legislation dealing with a provision or two of HAVA. Just four states – Michigan, Ohio, South Carolina and Virginia – had no HAVA-related legislation at all in 2003.

Other HAVA bills that passed in 2003 include:

• Arizona passed SB 1023, bringing procedures for absentee voting by military and overseas voters into compliance with HAVA, and allowing the transmission and receipt of election materials via fax and the Internet for overseas and military voters. Arizona also passed HB 2197, creating a state fund to receive federal HAVA funds. The governor vetoed SB 1145, the state's comprehensive HAVA bill.
• Colorado passed HB 1271, bringing the state's procedures for overseas and military voters into compliance with HAVA.
• Connecticut passed HB 6515, creating a statewide computerized registration system.
• Hawaii passed HB 1255, appropriating funds for 5% matching funds requirement of HAVA.
• In Kansas, the governor vetoed HB 2288, the legislature's comprehensive HAVA compliance bill. The governor objected to the blanket voter ID requirement in the bill, arguing that the state should instead enact the narrower voter ID requirements of HAVA.
• Louisiana passed HB 1358, bringing state law into compliance with HAVA on provisional voting and administrative complaint procedures. HB 1211 changes voter registration forms to include the information required by HAVA and requires the secretary of state to supply the informational posters required by HAVA. HB 1354 addresses provisional voting and an administrative complaint procedure.
• Maryland passed HB 1061, creating a state HAVA fund, and SB 432, bringing provisional voting laws into compliance with HAVA.
• Minnesota passed SF 8 in their 1^st special session of 2003. It creates an account to receive federal HAVA funds and complaint procedure.
• Nevada passed SB 417, creating a state HAVA fund.
• New Hampshire passed HB 577, establishing a state fund to receive federal HAVA money, and authorizing a statewide voter registration database. HB 627 addresses voter registration forms and procedures.
• New York passed A 8840, requiring that polling places display information on the voting process, and A 8832, conforming sate law with HAVA regarding provisions for military and overseas voters.
• Oregon passed HB 2145, creating a fund to receive federal HAVA money, and directing the secretary of state to create an administrative complaint procedure.
• Rhode Island passed SB 481, establishing procedures for provisional voting and alternative methods of voting for overseas and military citizens, and creating an administrative complaint procedure.
• Tennessee passed HB 1806, providing a procedure for casting and counting provisional ballots.
• Washington passed SB 5374, creating an election account to receive HAVA funds.
• Wisconsin passed AB 123, establishing a separate account for HAVA funds.
• Wyoming passed HB 172, authorizing the secretary of state to develop a state plan for implementing HAVA and appropriating funds for the state match.

NCSL's database of election reform has been updated to make searching for HAVA compliance bills easier. Visit the database at http://www.ncsl.org/programs/legismgt/elect/elections.cfm and select the topic "HAVA Compliance" to view a full list of these bills.

• Alabama passed HB 193, requiring voter ID, and HB 113, providing for automatic recount in close elections. During the regular legislative session, the governor vetoed HB 104, which would have required the restoration of voting rights to any felon who completes his/her sentence. However, in its 2^nd special session in September, the legislature passed another bill, HB 3, creating a process for felons to regain the right to vote, and the governor signed it.
• Arizona passed a bill eliminating the state's presidential primary, but it was vetoed by the governor. The governor also vetoed HB 2345, requiring voter ID.
• Arkansas passed HB 1028, allowing high school students to serve as poll workers. HB 112 extends early voting during the 15 days before an election to all countries in the state.
• Colorado passed SB 188, eliminating the state's 2004 presidential primaries, and SB102, requiring voter ID.
• In Connecticut the governor vetoed HB 6370, which would have allowed election day registration. Connecticut passed HB 6372, which opens the state's primary election process to challengers by allowing candidates to petition onto the ballot.
• Hawaii passes HB 754, allowing election officials to determine whether an election should be held by mail or at polling places.
• Indiana passed SB 477, requiring that voting systems and polling places be accessible to the elderly and disabled by 2006.
• Maine passed LD 100, repealing the presidential primary process.
• Montana passed ten election bills, including the following: HB 87 bans punch card voting machines. HB 151 requires that poll workers be paid at least the federal minimum wage. HB 563 allows an immediate family member or guardian to collect and turn in applications for an absentee ballot. HB 155 updates provisions on voting system technologies, ballot formats, and vote counting.
• South Dakota passed HB 1176, requiring voter ID at the polls.
• Texas passed HB 2152, providing for automatic recounts in certain elections, and HB 2496, changing the dates of state and presidential primaries.
• Virginia passed HB 2568, moving the presidential primary from the last Tuesday in February to the second Tuesday in February.
• Wyoming passed SF 65, providing for the automatic restoration of voting rights for persons convicted of nonviolent crimes.

Click here to read a summary of changes to presidential primaries.

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For more information contact Jennie Drage Bowser at elections-info@ncsl.org.