ACTION  ALERT
National Conference of State Legislatures
May 14, 2007
URGE MEMBERS OF CONGRESS TO OPPOSE H.R. 811, THE “VOTER CONFIDENCE AND INCREASED ACCESSIBILITY ACT OF 2007 “
The National Conference of State Legislatures (NCSL) urges you to call members of your congressional delegation this week and tell them to oppose H.R. 811, which amends the Help America Vote Act (HAVA) and preempts state laws governing paper trails for voting machines and post-election audit procedures. This bill would also create an unfunded federal mandate for states because it requires states to pay for completely new or retrofitted voting machines to meet the conditions of the bill. H.R. 811 will be going to the House floor the week of May 21st and we are trying to build momentum in opposition of the bill.
H.R. 811 runs contrary to the fundamental cornerstone of (HAVA) which is state flexibility in implementation of federal election reform mandates. H.R. 811 sets very specific standards for paper trail and audit procedures that currently don’t exist in any state. It requires “durable” paper for paper trail receipts and calls for random audits of federal elections and creates a private right of action against a state for perceived violations. H.R. 811 also requires states to comply with all of its provisions in time for the November, 2008 presidential election. If H.R. 811 becomes law, every state, even those with paper trail and audit provisions currently in state law, will have to revise their laws to comply with new federal mandates. There is no appropriation for the implementation of H.R. 811, and HAVA itself has yet to be fully funded; therefore, it is reasonable to assume that states will be bearing most if not all of the implementation costs.
HAVA achieved implementation of new voting equipment and procedures within a four-year timeframe without disastrous unintended consequences only because Congress carefully crafted its provisions through extended consultation and significant input from organizations representing state and local elected officials and election administrators. Representative Rush Holt (D-NJ), the sponsor of H.R. 811, failed to consult with the states or NCSL in the process.
Tell your House members that H.R. 811 would:
- Preempt state authority. 27 states have already passed paper trail laws and 13 more are considering this approach in their current legislative sessions. In total, 40 states have either passed or are considering the question of whether a paper audit trail is right for their state. Discuss with your House delegation the way(s) in which your state has addressed this issue and why it works for your state. Remind them that states that have passed laws have done so in unique and varied ways to best meet the needs of their constituents. The pending federal legislation seeks to undermine the hard work of our nation’s state legislatures and is deeply flawed.
- Include unreasonable and realistic timeframes for implementing state and local requirements or programs. The 2008 deadline is unworkable. Tell your delegation why.
- Subvert the duties of state and local officials as the legislation was drafted without substantial input from a broad cross-section of the lawmakers and administrators that would be responsible for implementing federal law. H.R. 811 was drafted by a lone member of Congress without consulting the entities it would impact most – state policymakers and state and local election officials. Tell your member of Congress this stealth method of moving legislation runs counter to our traditional notations of American federalism.
- Create a private right of action in federal court for perceived violations of the bill. The bill permits people to completely circumvent the state grievance process that exist in every state pursuant to HAVA.
- Mandate changes to state laws or regulations without including full funding to support those changes. H.R. 811 only authorizes $1 billion for implementation.
- Curtail state innovation and authority solely for the sake of creating uniform methods among the states; all legislation should grant states maximum flexibility in determining how to properly and effectively carry out the law and satisfy federally-dictated outcomes.
The House Committee on House Administration has jurisdiction over the proposed legislation and is set to have a hearing on the bill. If you are from a state with a member(s) on this committee, it would be extremely helpful if these members could hear from you on why they should oppose H.R. 811. Otherwise contact your entire House delegation, because this bill will most likely move quickly to the floor.
House Committee on House Administration
Rep. Vernon J. Ehlers (R MI); Ranking Minority Member (202)225-8281
Rep. Robert A. Brady (D PA); Vice Chair (202)225-2061
Majority Members:
Rep. Robert A. Brady (D PA)
Rep. Zoe Lofgren (D CA) (202) 225-3072
Rep. Michael E. Capuano (D MA) (202) 225-5111
Rep. Charles A. Gonzalez (D TX) (202) 225-3236
Rep. Susan A. Davis (D CA) (202) 225-2040
Minority Members:
Rep. Vernon J. Ehlers (R MI)
Rep. Dan Lungren (R CA) (202) 225-5716
Rep. Kevin McCarthy (R CA) (202) 225-2915
IT IS CRITICAL THAT STATE LEGISLATORS CONTACT THEIR HOUSE DELEGATIONS AND URGE THEM TO OPPOSE H.R. 811.
For more information, please contact Susan Parnas Frederick or Hirsh Kravitz at NCSL at 202-624-5400.
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