H.R. 3552: Provisional Ballot Fairness in Counting Act of 2009 (GovTrack.us)

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To amend the Help America Vote Act of 2002 to clarify the treatment of provisional ballots cast in elections for Federal office, and for other purposes.

Sponsor: Rep. Rush Holt [D-NJ12]

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Status:

Occurred: Introduced Sep 10, 2009
Occurred: Referred to Committee on House Administration

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Reorganization of National Voter Registration Act Regulations

The Federal Election Commission (FEC) and the Election Assistance Commission (EAC) are jointly taking action to transfer regulations implementing the National Voter Registration Act of 1993 (NVRA) from the FEC to the EAC. The Help America Vote Act of 2002 transferred the FEC’s former statutory authority regarding the NVRA regulations to the EAC. Further information is provided in the SUPPLEMENTARY INFORMATION that follows. DATES: This rule is effective August 28,2009. Read More

HAVA: Plan Revisions for MA, NY, WA, SC

This is the first revision to the State plans for Massachusetts, New York, and Washington and the forth revision to South Carolina’s plan. The revised State plans from Massachusetts, South Carolina, and Washington provide information on program accomplishments and address changes in the respective budgets to account for the use of Fiscal Year 2008 and 2009 requirements payments. The revised State plan from New York presents an updated framework for becoming compliant with Title III of HAVA and also updates the budget to account for full funding of requirements payments. In accordance with HAVA section 254(a)(12), all the State plans submitted for publication provide information on how the respective State succeeded in carrying out its previous State plan. The States all confirm that these changes to their respective State plans were developed and submitted to public comment in accordance with HAVA sections 254(a)(11), 255, and 256. Upon the expiration of thirty days from July 17, 2009, the State is eligible to implement the changes addressed in the plan that is published herein, in accordance with HAVA section 254(a)(11)(C). Read More: http://edocket.access.gpo.gov/2009/pdf/E9-16611.pdf

Record Number of People with Disabilities Voted in 2008 Election

New numbers released show Americans with disabilities voted in record numbers in the 2008 presidential election, according to the American Association of People with Disabilities (AAPD), the country’s largest cross-disability membership organization.

According to a study by Lisa Schur and Douglas Kruse, professors at the School of Management and Labor Relations, Rutgers University, who have conducted numerous studies on voting and people with disabilities, 3.8 million more people with disabilities voted in the 2008 presidential election than the 2000 presidential election.

According to the study, 14.7 million Americans with disabilities voted in the 2008 presidential election. About 10.9 million Americans with disabilities voted in the 2000 presidential election.

“The 2002 passage of the Help America Vote Act, which mandates voting be accessible, created enormous energy in the disability community,” said AAPD’s Vice President for Organizing and Civic Engagement Jim Dickson. AAPD has been leading nonpartisan voter registration and education drives amongst the nation’s 56 million people with disabilities since 2001.

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Charter Renewal: Election Assistance Commission Board of Advisors

The Election Assistance Commission announced in the December 30, 2008 Federal Register the charter renewal of its Board of Advisors. The Board of Advisors is a Federal advisory committee created by statute whose mission is to advise the EAC through review of the voluntary voting systems guidelines; through review of voluntary guidance; and review of best practices recommendations. The notice includes a description of the composition of the Board and how members are appointed.

Nondiscrimination on the Basis of Age

Election Assistance Commission Proposed Collection, Comment Request: Summary of Information Collections and Recordkeeping Requirements: (Full text of regulation at http://www.eac.gov; and available upon written request). 11 CFR 9422.5--Assurances required. Section 9422.5(a)(1) requires that applicants (individuals and facilities) for EAC's Federal financial assistance must provide a written assurance that they will comply with the requirements of the Age Discrimination Act of 1975 and 45 CFR part 90. This assurance must be signed by the applicant and Sec. 9422.5(a)(2) requires the assurance to be submitted to the Commission upon the award of Federal financial assistance. Similarly, Sec. 9422.5(c) requires every application by a State or State agency to contain or be accompanied by a statement that the program will be conducted in compliance with all requirements of 11 CFR part 9422. 11 CFR 9422.5(a)(2)--Written notice to subrecipients. This section requires that the recipient provide each of its subrecipients with written notice of the subrecipient's obligations under this part whenever a recipient passes Federal financial assistance received from EAC to subrecipients. 11 CFR 9422.5(b)--Self-evaluation. This section provides that EAC may require a recipient employing 15 or more employees to complete a written self-evaluation of any age distinction imposed in its program or activity receiving Federal financial assistance from EAC so that EAC may assess the recipient's compliance with the Act. This self-evaluation will be completed in a manner specified by EAC and will be made available on request to the Commission and the public. The purpose of the self-assessment is to indicate to the recipient any violation of the Act, 45 CFR part 90, or part 9422, and if a violation is identified, the recipient is required to take corrective action to remedy the violation. 11 CFR 9422.5(b)--Recordkeeping. This section requires that the recipient must retain the self-evaluation for a period of three years following its completion. 11 CFR 9422.6--Discrimination complaints. This section provides that any individual who believes that he or she has been subjected to discrimination prohibited by part 9422 or who believes that a denial of his or her services results in discrimination prohibited by part 9422 may file a written complaint of discrimination with the Diversity Officer of EAC. Filing a complaint is strictly voluntary. 11 CFR 9422.6(b)(3), (4), and (5)--Agency support for the complaint process. These sections require EAC to disseminate information regarding the obligations of recipients, and to notify the complainant and the recipient of their rights under the complaint process, including the right to have a representative at all stages of the complaint process, and of their right to contact the Commission for information and assistance regarding the complaint resolution process. 11 CFR 9422.6(e) and (f)--Complaint investigation and resolution. These sections provide that the Diversity Officer will notify the complainant and respondent of the receipt of a complaint; will examine the complaint for completeness and notify the complainant if additional information is needed; and will notify the complainant of the results of the investigation. 11 CFR 9422.6(g)--Appeals. This section requires a complainant to file a written appeal within 90 days of receipt from EAC of a letter that notifies the complainant of the results of the investigation of his or her complaint. This action is voluntary. 11 CFR 9422.7(b)--Recordkeeping. This section requires that each recipient of EAC's Federal financial assistance is required to keep records in a manner and containing information the Commission determines is necessary, make information available to the Commission upon request, and permit reasonable access by the Commission to the books, records, accounts, and other recipient facilities and sources of information. This information may be used by EAC to respond to Congressional inquiries, to assess the effectiveness of the regulations in 11 CFR part 9422, and as input into compliance reviews. 11 CFR 9422.7(c)--Information on protections against discrimination. This section requires each recipient to make available to participants, beneficiaries, and other interested persons information about the provisions of part 9422 and its applicability to the program for which the recipient receives Federal financial assistance. EAC anticipates that each recipient will prepare a fact sheet meeting the requirements of this section and will have it available upon request, including having it available on a website that may be maintained by the recipient. 11 CFR 9422.7(d)--Mediation. The section requires the Agency to refer complaints to the Federal Conciliation and Mediation Service (FCMS) prior to disposition by the EAC Diversity Officer and requires the complainant and the recipient to participate in at least one meeting with a mediator during the mediation process. If an agreement is reached, the complainant and the recipient must sign a written statement of that agreement which will be prepared by the mediator. Third-party respondents include the complainant and the mediator. 11 CFR 9422.8(a)--Investigation and settlement of complaints. This section requires EAC to investigate complaints that are unresolved after mediation or are reopened because of an alleged violation of a mediation agreement. EAC will establish facts through such methods as discussion with the complainant and recipient and the review of documents in the possession of either party. Settlements shall be in writing and signed by the parties and by an authorized EAC official. 11 CFR 9422.8(c)(2)(iii)--Redisbursement of grant funds to an alternate recipient. This section provides that EAC may redisburse discretionary grant funds withheld or terminated under this part directly to an alternate recipient. EAC shall require the alternate recipient to demonstrate the ability to comply with the regulations and the ability to achieve the goals of the Federal statute authorizing the program or activity. Needs and Uses: This information collection is required by the Age Discrimination Act of 1975, consistent with the government-wide age discrimination regulation contained at 45 CFR part 90. This law and regulation prohibit discrimination on the basis of age in programs and activities receiving federal financial assistance. The information collected and maintained by the recipients of EAC's assistance is used internally by EAC for monitoring compliance with age discrimination laws and regulations. This information is made available to EAC officials, officials of other federal enforcement agencies, and to Congress for reporting purposes.

Election Assistance Commission: Request for Public Comment on Proposed Strategic Plan

The EAC seeks public comment on a ``U.S. Election Assistance Commission Draft Strategic Plan Fiscal Years: 2009 Through 2014.'' The EAC developed a strategic plan that lays out an approach to create a receptive and productive agency fully capable of the unique leadership role it has been given as a national clearinghouse, a manager of Federal financial assistance, a certifier of voting systems, and a resource for election officials throughout the country regarding the administration of Federal elections. EAC issues this notice according to a policy adopted on September 18, 2008 that requires EAC to provide notice and an opportunity for public comment on, among other things, advisories being considered for adoption by the U.S. Election Assistance Commission. DATES: Comments must be received by 5 p.m. EST on January 20, 2009.

Help America Vote Act State Plans

The Election Assistance Commission has published revisions of the Louisiana and Nevada state plans.

Revision of Rhode Island HAVA State Plan

This is Rhode Island's first revision to its State plan. The revised State plan accounts for the use of Fiscal Year 2008 requirements payments.

In accordance with HAVA section 254(a)(12), the State plan submitted for publication provides information on how the State succeeded in carrying out its previous State plan. The State confirms that these changes to its State plan were developed and submitted to public comment in accordance with HAVA sections 254(a)(11), 255, and 256.

Upon the expiration of thirty days from November 10, 2008, the State is eligible to implement the changes addressed in the plan that is published herein, in accordance with HAVA section 254(a)(11)(C).

Help America Vote Act (HAVA) Voting Access Annual Report

Proposed Projects

Title: Help America Vote Act (HAVA) Voting Access Annual Report.
OMB No.: 0970-0327.

Description: This is a revision to include the application for the previously cleared Help America Vote Act (HAVA) Annual Report, Payments to States and Units of Local Government, 42 U.S.C. 15421.

The Help America Vote Act (HAVA) application to States and Units of Local Government is required by federal statute and regulation. Each State or Unit of Local Government must prepare an application to receive funds under the Help America Vote Act (HAVA), Public Law 107-252, Title II, Subtitle D, Part 2, Sections 261 to 265, Payments to States and Units of Local Government to Assure Access for Individuals
with Disabilities (42 U.S.C. 15421-25). The application is provided in writing to the Administration for Children and Families, Administration on Developmental Disabilities.

An annual report is required by Federal statute (the Help America Vote Act (HAVA) of 2002, Public Law 107-252, Section 261, Payments to States and Units of Local Government, 42 U.S.C. 15421). Each State or Unit of Local Government must prepare and submit an annual report at the end of every fiscal year. The report addresses the activities conducted with the funds provided during the year. The information collected from the annual report will be aggregated into an annual profile of how States have utilized the funds and establish best practices for election officials. It will also provide an overview of the State election goals and accomplishments and permit the Administration on Developmental Disabilities to track voting progress to monitor grant activities.

Publication of Revised HAVA State Plans Pursuant: Iowa, Idaho, Pennsylvania

The revised State plans from Idaho, Iowa, and Pennsylvania address changes in the respective budgets of the previously submitted State plans and account for the use of Fiscal Year 2008 requirements payments. In accordance with Help Americaq Vote Act section 254(a)(12), all the State plans submitted for publication provide information on how the respective State succeeded in carrying out its previous State plan. The States all confirm that these changes to their respective State plans were developed and submitted to public comment in accordance with HAVA sections 254(a)(11), 255, and 256. Upon the expiration of thirty days from October 27, 2008, the State is eligible to implement the changes addressed in the plan that is published herein, in accordance with HAVA section 254(a)(11)(C).

Protection and Advacacy (P&A) Voting Access Application and Annual Report

Description: This is a revision to include the application for the previously cleared Help America Vote Act (HAVA) Annual report. An application is required by Federal statute (the Help America Vote Act (HAVA) of 2002, Pub. L. 107-252, Section 291, Payments for Protection and Advocacy Systems, 42 U.S.C. 15461). Each State Protection & Advocacy (P&A) System must prepare an application in accordance with the program announcement. There is no application kit; the P&As application may be in the format of its choice. It must, however, be signed by the P&As Executive Director or the designated representative, and contain the assurances as outlined under Part I.C. Use of Funds. The P&As designated representatives may signify their agreement with the conditions/assurances by signing and returning the assurance document Attachment B, found in Part IV of this Instruction. The assurance document signed by the Executive Director of the P&A, or other designated person, should be submitted with the application to the Administration on Developmental Disabilities.

Election Assistance Commission - Meeting

Notice of Open Meeting - Tuesday, October 7, 2008, 10 a.m.-1 p.m. Commissioners will consider and vote on:

• Draft EAC Guidance to States Regarding Material Changes to State Plans.
• Commissioners will consider and vote on the accreditation of CIBER, Inc.
• Commissioners will consider a Draft Working Group Policy [formally known as Draft Policy for Joint Partnership Task Force of EAC and State Election Officials Regarding Spending of HAVA Funds].
• Commissioners will discuss revisions to the advisory opinion process.
• The Commission will consider other administrative matters.

Georgia Help America Vote State Plan

Pursuant to sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107-252, the U.S. Election Assistance Commission (EAC) hereby causes to be published in the Federal Register changes to the HAVA State plan previously submitted by Georgia.

Help America Vote Act State Plan

The U.S. Election Assistance Commission (EAC) published in the Federal Register changes to the HAVA State plans previously submitted by Connecticut, Montana, Oklahoma, and South Dakota.

Election Assistance Commission

Meeting Tuesday, August 5, 2008, 12 Noon-3 p.m.

• Commissioners will hold a workshop discussion on Preparing for Election Day 2008 and Statewide Voter Registration Databases.
• Commissioners will consider and vote on whether to modify Advisory Opinion 07-003-A regarding Maintenance of Effort (MOE) funding, pursuant to HAVA Section 254(a)(7).
• Commissioners will consider and vote on a Proposed Replacement Advisory Opinion 07-003-B Regarding Maintenance of Effort.
• Commissioners will consider a Draft Policy for Notice and Public Comment;
• Commissioners will consider a Draft Policy for Joint Partnership Task Force of EAC and State Election Officials Regarding Spending of HAVA Funds;
• Commissioners will consider Proposed Administrative Regulations.
• Commissioners will receive a briefing regarding the Research Department Work Plan.
• The Commission will consider other administrative matters.

This meeting will be open to the public.

Social Security Administration Information Collections

The Social Security Administration (SSA) publishes a list of information collection packages requiring clearance by the Office of Management and Budget. This notice includes revisions to OMB-approved information collections and extensions (no change) of existing OMB-approved information collections.

1. Disability Update Report--20 CFR 404.1589-.1595, 416.988-.996--0960-0511. SSA periodically reviews current disability benefits recipients' cases to determine if these beneficiaries should continue to receive disability payments.
2. Help America Vote Act (HAVA)--0960-0706. H.R. 3295, the Help America Vote Act (HAVA) of 2002, mandates that States verify the identities of newly registered voters. When newly registered voters do not have drivers' licenses or State-issued ID cards, they must supply the last four digits of their Social Security Numbers (SSNs) to their local State election agencies for verification.
3. National Direct Deposit Initiative--31 CFR 210--0960-0711. Many SSA benefits recipients choose to receive their payments via the Direct Deposit Program, in which SSA transfers funds directly to recipients' accounts at a financial institution (FI). However, many Title II payment recipients still receive their payments through traditional paper checks. In an effort to encourage these beneficiaries to change from paper checks to the Direct Deposit Program, SSA is collaborating with the Department of the Treasury and several FIs to implement the National Direct Deposit Initiative.
4. Authorization to Disclose Information to Social Security Administration--20 CFR 404.1512 & 20 CFR 416.912--0960-0623. SSA must obtain sufficient medical evidence to make eligibility determinations for Social Security disability benefits and SSI payments.
5. Review of the Disability Hearing Officer's Reconsidered Determinations Before It Is Issued
6. Youth Transition Process Demonstration Evaluation Data Collection - The purpose of the Youth Transition Demonstration (YTD) project is to help young people with disabilities make the transition from school to work. While participating in the project, youth can continue to work and/or continue their education because SSA waives certain disability program rules and offers services to youth who are receiving disability benefits or have a high probability of receiving them. SSA will fully implement YTD projects in 10 sites across the country. The evaluation will produce empirical evidence on the effects of the waivers and project services including educational attainment, employment, earnings, and receipt of benefits by youth with disabilities but also on the Social Security Trust Fund and federal income tax revenues.

Proposed Guidelines Regarding Help America Vote Act (HAVA)

SUMMARY: The EAC seeks public comment on proposed guidelines designed to assist States in determining what constitutes a ``material change in the administration of a State plan'' under HAVA Section 254(a)(11). DATES: Comments must be received on or before 4 p.m. on August 11, 2008.

Election Assistance Commission - Meeting

ACTION: Notice of public meeting. Date & Time: Monday, July 21, 2008, 10 a.m.-3 p.m. (MST) Agenda: The Commissioners will consider the following items:

1. Commissioners will consider and vote on whether to modify Advisory Opinion 07-003-A regarding Maintenance of Effort (MOE) funding, pursuant to HAVA Section 254(a)(7).
2. Commissioners will consider and vote on a Proposed Replacement Advisory Opinion 07-003-B Regarding Maintenance of Effort.
3. Commissioners will consider the of Adoption of EAC Laboratory Accreditation Program Manual;
4. Commissioners will consider a Draft Policy for Joint Partnership Task Force of EAC and State Election Officials Regarding Spending of HAVA Funds;
5. Commissioners will consider a Draft Policy for Notice and Public Comment;
6. Commissioners will consider Draft Changes to the Charter of the EAC Technical Guidelines Development Committee.
7. Commissioners will consider whether to update the Louisiana state instructions, the Michigan state instructions and the Vermont state instructions on the national voter registration form.
8. Commissioners will receive a briefing regarding a HAVA State Spending Report to Congress;
9. Commissioners will receive a Briefing on Comments Received on the Draft EAC Guidance to States Regarding Updates to the State Plans;
10. Commissioners will receive a briefing regarding Board of Advisors Resolution 2008-3 Concerning EAC Certification of Voting Systems;
11. Commissioners will receive a Presentation on the EAC Laboratory Accreditation Program Manual.
12. The Commission will consider other administrative matters.
13. Commissioners will hold a workshop discussion on Preparing for Election Day 2008 and Contingency Planning.