Military and Overseas Voter Empowerment Act (MOVE)

1
Military and Overseas Voter Empowerment Act
(MOVE)

• Donald Palmer,
• Director, Division of Elections,
• Florida Department of State

2
Enactment of the MOVE Act

• Signed into law on October 28, 2009 as part of
  National Defense Authorization Act
• Amends the Uniformed and Overseas Citizens
  Absentee Voting Act (UOCAVA) (initially adopted
  in 1986 and last amended in 2004)

3
Impetus for Legislation

• Congressional Research Survey lowest
  registration and turnout rates among different
  groups 65 compared with 84 general population
• UOCAVA overall participation even lower low
  20s
• logistical, geographical, operational and
  environmental barriers impact the right of
  UOCAVA voters to register and vote
• CRS Study 25 of all ballots requested went
  uncounted disenfranchised
• Consensus that 30 days not adequate mailing
  transit time for ballots sent overseas

4
too remote to receive ballot and return in timely
manner.
5
Areas of Responsibility

• State Responsibilities
• Focused on facilitating the transmittal of
  materials to the voter by electronic means and
  left the return of ballot means to the States
• FVAP responsibilities
• Greatly increased duties voter registration and
  ballot collection from overseas sites expedited
  delivery of ballots to election officials
• Implement voter registration offices on each
  military installation DOD will designate pay,
  personnel, and identification offices as voter
  registration agencies by Nov 2010.

6
Move Act the States shall..

• Transmitting Voter Registration Absentee Ballot
  applications
• Designating Means of Electronic Communication
• Florida will designate fax and email.
• Transmitting Blank Ballots
• Ballot Tracking Mechanism
• FWAB Expansion
• Ballot Transmittal Time 45 days and
• State Plan Change

7
MOVE Act An Overview of FVAP responsibilities.

• Election Information Database gather
  information on Single State Office information
• Means of Transmission Designated for each State
• Ballot Collection/Delivery USPS
• Voter Registration Secretary of each military
  department branch designate office on each
  installation of Armed Forces to provide voter
  registration
• DOD will designate pay, personnel,
  identification offices to receive registration
  applications absentee ballot applications

8
FVAP responsibilities continued

• Increased Reporting to Congress on activities and
  Voting Assistance Officers, including the
  cooperation between the States and the federal
  government in carrying out the MOVE Act
• Work with EAC and chief election officials in
  reporting absentee ballot data
• AG must submit report annually on UOCAVA civil
  actions enforcing UOCAVA MOVE
• Utilizing Technology FWAB overseas voting
  pilot programs in conj w/ EAC/TGDC (NIST)

9
UOCAVA refresherFederal Post Card Application

• Created the Federal Post Card Application to
  serve as a dual application for voter
  registration and request for an absentee ballot
  by a UOCAVA Voter

10
UOCAVA RefresherFederal Write-in Absentee
Ballot

• Provided a back-up ballot called the Federal
  Write-in Absentee Ballot (FWAB) for federal
  offices for UOCAVA voters who had requested but
  had not yet received their regular absentee
  ballot for the general election.

11
MOVE Act (Section 577)

• For purposes of Act, includes not only Overseas
  military citizens but absent Stateside Military
  Dependents
• Members of the United States Uniformed Services
  and merchant marine absent stateside or overseas
  from place of residence,
• Their family members (spouse and dependents who
  are also absent due to the above members
  absence), and
• U.S citizens residing outside the U.S.

12
Sec 577 Transmitting Voter Registration
Absentee Ballot Applications

• Establish procedures to allow UOCAVA voters
• To request voter registration applications and
  absentee ballot applications and related voting,
  balloting, and election information by mail or
  electronically
• To state their preference for receiving the voter
  registration application or absentee ballot
  application (or other election information)
  (i.e., by mail or electronically)
• To receive voter registration applications or
  absentee ballot applications based on the
  transmittal preference stated by voter

13
Sec. 577 Transmitting Registration and Absentee
Ballot Applications

• Establish procedures for UOCAVA voters
• If no preference is stated, to deliver the
  application in accordance with state law, or if
  no state law, by mail
• Inclusion of designation of means of electronic
  transmission with all instructional materials
  accompanying ballot materials to UOCAVA voters
• Implementation will require request facsimile
  number or email address from UOCAVA voter to then
  provide materials or ballot at later time

14
MOVE Act (Sec 577) Designating Electronic
Communication

• Each state must designate at least one means of
  electronic communication for
• Use by UOCAVA voters to request registration and
  absentee ballot applications
• Use by states to send voter registration and
  absentee ballot applications to voters
• For providing UOCAVA voters with election and
  voting information
• Designated means of electronic communication must
  be included on all information and instructional
  materials that accompany balloting materials sent
  by the State to UOCAVA voters

15
MOVE Act (Sec 578) Transmitting Blank Absentee
Ballots

• States must develop procedures for transmitting
  blank ballots to UOCAVA voters (stateside and
  overseas) by mail and electronically
• Procedures must include a means for the voter to
  designate how they want to receive the ballot
  by mail or electronic means - AND ballot must be
  transmitted based on voters stated preference
• Security and privacy to the extent
  practicable

16
MOVE Act (Sec 580) Tracking Marked Ballots

• Tracking Absentee Ballots for UOCAVA Voters via a
  free access system
• The ultimate responsibility is on the chief
  State election official to develop a system or
  coordinated system with local jurisdictions
• work with local jurisdictions to develop a free
  access system that allows a UOCAVA voter to
  determine whether his voted absentee ballot was
  received by the election official

17
MOVE Act (Sec 579) Ballot Transmittal Time

• Absentee ballots must be sent or transmitted to
  UOCAVA 45 days before Federal election
• Applies to primary and general elections
• Applies to all UOCAVA voters, not just overseas
  voters, includes absent stateside, using
  designated means of transmission

18
MOVE Act (Sec.579) Waiver of 45 day requirement

• Notice of Waiver Request submitted within 90 days
  of Election to Presidential Designee - DOD (FVAP)
  after consultation with the Attorney General
  (Voting Section)
• 5 Days to approve or disapprove
• Hardship exemption Unable due to an undue
  hardship

19
MOVE Act Undue hardshipPredicate for Waiver

• State primary election date prohibits a State
  from complying
• State has suffered a delay in generating ballots
  due to a legal contest
• coordination and communication absolutely
  necessary between State and local jurisdictions
• State Constitution prohibits the State from
  complying with 45 day mailing requirement.

20
Waiver Process

• Be prepared to provide a factual predicate and
  explanation of the hardship
• Articulate when ballots are able to be mailed or
  otherwise transmitted
• Submit a comprehensive plan to ensure sufficient
  time for UOCAVA voter ballots to be counted
• Articulate why the plan and steps to be taken
  provide sufficient time for return of ballots
• Be prepared to provide additional time to accept
  ballots after Election Day to reach 45 total
  days

21
MOVE Act (Sec. 585)Repeal of Section 104 UOCAVA

• Eliminates the Standing Absentee Ballot Request
  Provision for UOCAVA Voters
• Removal of requirement that one request to serve
  as a request to receive absentee ballots through
  the next two federal general elections
• A high number of ballots were being returned as
  undeliverable.
• FVAP Is encouraging UOCAVA voters to submit new
  FPCA at every change of address
• FVAP Election officials should anticipate
  2.2-2.5 million Federal Post Card Applications
  (FPCA)

22
MOVE Act (Sec 581)

• Expanding Use of Federal Absentee Write-in Ballot
  (FWAB) Effective Date 12/30/2010

23
Federal Write-In Absentee Ballot (FWAB)
Section 581(a) and 582

• States will be required to expands the use of the
  FWAB to include all special, primary, runoff and
  general elections for federal office - not just
  general elections
• FVAP Promote and adopt procedures to and expand
  use of FWAB educational campaigns and
  legislative initiatives to expand use
• UOCAVA back-up measure.
• States are prohibited from refusing to accept
  FWAB due to notarization and paper/envelope type
  requirements
• FVAP working on a FWAB wizard

24
Federal Write-In Absentee Ballot (FWAB) Section
581 and 582

• FWAB Wizard will utilize technology that allows
  voters to enter their address and other relevant
  information to receive electronic list of all
  candidates for federal office operational by
  end of 2010
• Print out ballot with correct instructions and
  the address of the election official
• Cooperation with state to receive information may
  be necessary to work.

25
Reporting and Storing of Certain Data (Section
584)

• FVAP required to develop standards for reporting
  absentee ballots sent and returned
• FVAP will work with the Election Assistance
  Commission (EAC) and the chief State Election
  officials from each State to report data on
  number of absentee ballots transmitted and
  received
• and to report other such data as Presidential
  designee determines appropriate
• Anticipate some change with Election Day Survey
  (EDS) incorporate FVAP questions or data
  requests into the EAC Survey on expanded UOCAVA
  voters and ballot transmission

26
MOVE Sec. 588Requirements Payments for MOVE

• Amends HAVA by authorizing the appropriation of
  such sums as necessary as requirements payments
  specifically for implementing MOVE
• States must amend their State plans to show how
  they will comply with MOVE Act
• States reporting to EAC/DOJ state of MOVE Act
  compliance
• MOVE Act compliance priority in use of Req
  Payments.

27
MOVE Act (Section 589)Technology Pilot Program

• FVAP may establish 1 or more pilots to test new
  election technologies for the benefit of absent
  UOCAVA voters remote voting systems
• Transmission of voting material across military
  networks
• Use of virtual private networks and cryptology
  and other security techniques
• Use of computers overseas with certain encryption
  measures or a kiosk based system (utilization of
  voting stations at military bases)
• Transmission of ballot representations and
  scanned pictures in secure manner
• Document delivery and upload systems
• Balance between accessibility and security
  Congress and FVAP accessibility EAC more
  security

28
MOVE Act Effective Date for States

• All provisions apply before 2010 General
  Election
• Exception Expanded use of FWAB takes effect
  after 2010 General Election.
• Florida All ready to go July 1, 2010 with
  exception of FWAB.

29
Implementing the MOVE ActElection Administration

• With the inclusion of absent stateside military
  dependents under MOVE, anticipate an increased
  number of ballots being sent early by postal mail
  and by designated electronic transmission
• Technical modifications necessary to allow UOCAVA
  voters to request absentee ballot applications or
  registration application materials.
• Via website, paper application, or other means
  and to allow designation preference of means of
  transmission

30
(No Transcript)
31
UOCAVA Legal Developments

• McCain v. Cunningham (Virginia SBE)
• Delay of 8 counties in sending absentee ballots
  30 days prior to Election Day
• Declaration of negatively impacted UOCAVA voter
  in Iraq
• DOJ intervened United States v. Cunningham

32
United States v. Cunningham (Virginia SBE)

• Additional Fact and Factors
• Some counties did not mail until within 14 days,
  impacting 125 voters
• 2,114 UOCAVA voters sent their ballots late
• MPS In some remote locations, it takes 35 days
  one-way to reach service member the last
  mile
• 30 days overseas ballot roundtrip not adequate

33
United States v. Cunningham (Virginia SBE)

• United States requested
• Count the ballots received after Election Day of
  all UOCAVA voters that were sent a late absentee
• Permanent relief to ensure compliance with
  UOCAVA in future elections such that UOCAVA
  voters have a fair and reasonable opportunity to
  participate in future elections for federal
  office.

34
United States v. Cunningham (Virginia SBE)

• Court Ruled
• Virginia violated UOCAVA by failing to mail
  absentee ballots to UOCAVA voters at least 30
  days prior to November 4, 2008 election
• Defendant violated UOCAVA by failing to give a
  reasonable opportunity to execute and return as
  validly cast a timely requested absentee ballots
  
• If even a single voter was deprived of that right
  solely as a result of the tardy mailing of
  absentee ballots, then Defendants have
  unquestionably violated UOCAVA

35
U.S. v. Cunningham (Virginia SBE) Other
interesting findings

• More Court findings
• The Federal Write-In Ballot (FWAB) is not the
  exclusive remedy under UOCAVA intended as
  emergency back-up rather than replacement for the
  regular ballot.
• Local election officials not necessary parties
• The Court found it had the authority to count
  belatedly-received absentee ballots after
  Election Day discussion of Supremacy Clause.

36
Conclusion

• MOVE Act
• Most significant elections-related piece of
  legislation since HAVA
• Comprehensive Reform to UOCAVA
• Congress trying to provide an alternative means
  of transmission to avoid lengthy mailing times
  for registration, absentee materials, and blank
  ballots Legislation essentially cuts the transit
  time in half.

37
Questions?