# Presentation: 214284

## Briefing for 

- <date/time>

**Briefing for **
**U. S. Election Assistance Commission**
**July 28, 2005**
- Thomas O’Neill, Project Director, Eagleton Institute of Politics,
- Rutgers, The State University of New Jersey
- Dan Tokaji, Assistant Professor of Law, Moritz College of Law,
- The Ohio State University

## Research Assistance

**Research Assistance**
**on**
**Provisional Voting **
**Voter Identification Procedures**

## BALANCING COMPETING

**EFFECTIVE**
**ADMINISTRATION**

**VOTER**
**ACCESS**

**BALLOT**
**SECURITY**

**BALANCING COMPETING**
**OBJECTIVES**

## Key Questions

_**Key Questions**_
- 1. How did the states prepare for the onset of the HAVA _provisional ballot requirement?_
- 		**Review of statutes and regulations**
**	****	****State narratives**
- 2. How did this vary between states that had previously had _some form of provisional ballot and those that did not?_
- 		**Survey of local election officials**
**	****	****State narratives**

## 3. How did litigation affect implementation?

- _3. How did litigation affect implementation?_
- 	**Survey of case law and regulations**
**	****State narratives**
- 4. How effective was provisional voting in enfranchising _qualified voters?_
- 	**Survey of litigation**
**	****State narratives**
**	****Survey of local election officials**

## 5. Did states and local processes provide for consistent counting of provisional ballots?

- 5. Did states and local processes provide for consistent _counting of provisional ballots?_
- 	**State narratives**
**	****Survey of litigation**
**	****Survey of local election officials**
- 6. Did local election officials have a clear _understanding of how to implement provisional voting?_
- 	**Survey of local election officials**
**	****State narratives**

## OUTREACH

_**OUTREACH**_
**American Enterprise Institute ****           **
**Brennan Center for Justice at NYU School of Law **** **
**Center for Digital Government****        **
**The Century Foundation****        **
**The Constitution Project**** **
**DEMOS-USA**
**The Election Center **** **
**Election Reform Information Project **** **
**Leadership Conference on Civil Rights **** **
**League of Women Voters **** **
**National Association of Secretaries of State National Association of State Election Directors **** **
**People for the American Way**
**+ Other organizations after consultation with U.S.E.A.C.**

## PROVISIONAL VOTING

**PROVISIONAL VOTING**
_**Key Research Deliverables**_
** **
**Summary of case law on Provisional Voting**
**Compendium of states’ legislation, regulations, and litigation.**
**Analysis of how provisional voting was implemented around the country, which will be critiqued by Peer Review Group.**
**Description of alternatives to existing practices and procedures**
** **

## VOTER IDENTIFICATION

**VOTER IDENTIFICATION**
_**Key Research Deliverables**_
**Indexed database of major articles on Voter ID Requirements **
**Summary of case law **
**Compendium of states’ legislation, procedures, and litigation.**
**Analysis of voter participation and vote fraud under various Voter ID regimes to be reviewed by Peer Review Group.**
**Alternative approaches **

## Hearings on Guidance Documents

_**Hearings on Guidance Documents**_
**Consult with EAC to identify locations and venues**
**Hearings to take place 30 days after publication**
**Deliverables**
**	****Transcript**
**	****Summary and analysis of comments**
**Recommend revisions to GD based on hearing results and discuss with EAC**
**Deliver final Guidance Document to EAC**

## Project Status

**Project Status**
_**PROVISIONAL VOTING**_
**Task 3.4: Collect and analyze state legislation, administrative procedures, and court cases. Understand the disparities and similarities of how provisional voting was implemented around the country.**
- Initial legal, regulatory, and case law research for 44 states, is complete. Completion for all states by August 1.
- Compiling narrative description of experience in each state. Completion in first week in August.
- Surveying 400 county election officials actual practice in administering provisional voting. Completion mid-August.

## Project Status

**Project Status**
_**VOTER IDENTIFICATION**_
**Task 3.10: Legislation, regulations, and litigation**
- Initial research complete (and statutes compiled) for 45 states. Questions answered include “W*ho is required to present ID”, “Types of ID required”, *and* “Consequences of having no ID*”. Complete mid-September.
- Collecting information on the voter id debate in the states to monitor possible secondary effects of HAVA and to suggest alternative approaches. Complete first week of August.
- Statistical analysis to gauge the effect of a state’s voter ID regime on turnout, especially turnout by minority and elderly voters. Complete late August.

## Briefing for 

- <date/time>

**Briefing for **
**U. S. Election Assistance Commission**
**July 28, 2005**
- Thomas O’Neill, Project Director, Eagleton Institute of Politics,
- Rutgers, The State University of New Jersey
- Dan Tokaji, Assistant Professor of Law, Moritz College of Law,
- The Ohio State University