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In Legal Terms
- Fall Issue 2005
HAVA big concern as elections quickly approach
Much energy has been expended in the last several months at all levels of government involved in the election process to ensure that Alabama's 2006 elections are conducted in compliance with both the federal and state Help America Vote Acts (HAVA). Counties in Alabama are currently in the process of purchasing necessary voting equipment to meet the HAVA standards, and are hopefully working diligently to have all such equipment in place and properly set up with trained personnel to conduct the primary election set for June 6, 2006. It has been a difficult process, and has put a strain on county officials and the county pocket book. It is vitally important, however, that all counties meet the HAVA requirements -- and meet them in a timely manner.
Unfortunately, the timely purchase of equipment is not the only requirement or deadline which counties must meet. It is important to remember that, in Alabama, any change in the election process - including the use of new equipment - must be precleared with the U.S. Justice Department pursuant to Section 5 of the Voting Rights Act of 1965. Since that Department has 60 calendar days from the date of submission to object to any proposed change, it is imperative that all counties file their submission for preclearance no later than the end of March 2006. Of course, since counties all over the country will be changing their equipment for the 2006 elections, and many of those will also be required to obtain preclearance, it is highly recommended that the submission be filed as soon as the purchase of equipment is completed!
There are other requirements which counties must meet prior to any election, and many of those have time deadlines. While space does not permit discussion of each of these, counties should be careful to make sure that all necessary actions are completed in a timely manner. However, I will discuss one of the most important - and one that all counties should be looking at carefully - the requirement that counties reapportion voting precincts as necessary every two years. Code of Alabama 1975, § 17-5A-4(b) requires that:
[A]t its first regular meeting in March in each
even-numbered year [the county governing body]
shall . . . examine the state voter registration list,
and if it shall appear from such examination and
from other available sources of information that
there is, in any election precinct . . . in which
paper ballots are used, more than 300 legal
voters, or . . . in any election precinct . . . in
which voting machines are used, more than 600
legal voters, they shall immediately . . . divide
the precinct into voting districts so that no one
district shall contain over 300 legal voters where
paper ballots are used or 600 legal voters where
voting machines are used . . .
This requirement can be met by providing additional boxes or voting machines at an existing location, or by adding additional voting places. While this mandatory review is always an important function for counties, it is perhaps more important this year as counties determine how much new equipment it will need for the upcoming elections.
In addition to studying whether new voting places are needed, this would be an excellent time for counties to also consider whether there are voting places which should be moved or eliminated. I realize that this is often a difficult political decision to make. However, the cost of operating each voting place can be quite significant. For each polling place, there must have adequate equipment and voting supplies and sufficient poll workers, and in many instances the county must pay rent or at least reimburse the utility costs for the use of the facility. In places where few individuals are actually voting, the cost of the equipment, supplies, and personnel can significantly - and unnecessarily - increase the county's costs for the election. Educating the public on the benefits of changing or reducing voting places is, of course, a difficult task, and frequently unpopular, but it is the responsibility of the county commission to spend the people's money wisely and efficiently, and the alteration of voting places may well be one avenue for counties to use to reduce its costs.
There is a vitally important factor for all counties to consider in making decisions about the number and location of voting places -- the adequacy of the facilities in use. As with all other county facilities, each voting place must meet the standards set by the Americans with Disabilities Act. I suspect that there are polling places throughout Alabama which fail to meet these standards. However, as I discussed in my last article, it is imperative that all counties take appropriate and immediate steps to bring the county into compliance with all of the provisions of that Act. These requirements apply to voting places as to all other facilities - and since it is anticipated that many "watch groups" will be carefully monitoring the upcoming elections for compliance with the HAVA requirements, it is very likely that counties will face greater exposure than in the past to any deficiencies in ADA compliance at the polling place as well.
I realize that this article is written a little late - it may be very difficult for counties to make major changes in their polling places between now and the first meeting in March. This is particularly true given that these changes must also be precleared with the U.S. Justice Department before they can actually be implemented and used in an election. However, counties really should take careful steps to study all aspects of its voting system and make what changes are necessary to comply with HAVA and with ADA. And if it is too late to make significant changes for a more efficient system in time for the 2006 election, work diligently to put needed changes into place for the election in 2008.
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