APRIL 1, 2004

Michigan’s ability to meet new federal election standards hinges on the governor’s support of a bill passed today by the Legislature, Secretary of State Terri Lynn Land said.

Senate Bill 432 passed through both legislative chambers, and today received bipartisan support for Immediate Effect in the Michigan Senate. SB 432 brings Michigan election law into compliance with the federal Help America Vote Act (HAVA). Compliance with HAVA is critical to Michigan receiving up to $80 million in federal support to improve the state’s elections process.

"HAVA is paving the way for states across the nation to upgrade their voting processes, and Michigan can’t be left behind," Land said. "We’ve devoted a full year of intense effort to laying the groundwork. With some of the HAVA changes slated to begin this election cycle, any delay in enacting this legislation could be a significant setback. I commend the Legislature for doing its part to enhance Michigan’s elections."

Among HAVA’s requirements are that all states implement provisional ballot provisions this year, and that governors certify that their states comply with federal acts such as the Voting Rights Act. Provisional ballots provide a method for voters who were unable to cast a ballot in the past to participate in Michigan’s elections.

Chris Thomas, director of the state Bureau of Elections, pointed out that protracted action would severely hamper the state’s ability to educate local election officials about provisional balloting procedures. Further, Michigan’s failure to implement provisional ballot provisions before the August 2004 primary would likely result in enforcement action by the U.S. Department of Justice.

"The state has an obligation to provide clear and timely guidance to its local partners," Thomas said. "Failure to do so opens the door for confusion and error, which is unfair to voters and election workers alike. Local election officials already have difficult jobs. They deserve our full support."

Federal funding that allows eligible local precincts to upgrade their voting equipment to optical scan systems also hinges on the governor’s approval of SB 432.

Congress enacted HAVA in 2002 with the intent of improving access to the polling place, replacing outdated equipment, and making it easier for the disabled community and overseas military personnel to vote.

Michigan launched its compliance process in March 2003, when Land appointed a 30-member bipartisan task force to develop the state’s HAVA plan. The final plan was submitted to the federal government in December 2003, after months of public input.

"Michigan has a well-earned reputation for election innovation and integrity," Land said. "There are many ideas on how we can enhance the experiences of state voters. While some may have great merit, it is important that we move forward prudently. Establishing a solid foundation under HAVA is the first step. I encourage the governor to lend her critical support."

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