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This analysis is written to provide public comment on the proposed rules in Part 218 (Counting of Provisional Voting) found in Title 26 Chapter I: State Board of Elections. These proposed rules are known as JCAR 260218-1404328r01. The proposed JCAR rules were written by the Illinois State Board of Election. They are currently under Emergency Authorization by action of JCAR on March 19th, 2014. The Illinois State Board claims these rules are authorized by the passage of HB 2418 in July of 2013 and can be found in 10 ILCS 5/18A-15(b)(1).
We find that the rules permitting out-of precinct voting are inconsistent with the ILCS 10/5-8A. These rules violate the affirmation the voter-applicant makes that they have resided within the precinct in which they seek to vote for the past 30 days. Investigation also finds that the proposed rules permit insecure transportation and storage of the provisional ballots which is inconsistent with the legal requirements for ballot protection set within the same statute. {18A -5(b)(6) and 18A – 15 (h)} These 218 Rules potentially violate the requirement that there must be a paper VVPAT for every vote, they violate the right of the voter to know which of his votes count, and they are a gross violation of voter privacy rights.
This analysis will first explain the relevant aspects of the law, and then look at the proposed JCAR Rules. Included is a discussion about the Emergency Rules and the JCAR meeting held on March 19th where our written testimony was blocked by the General Counsel to the Illinois State Board of Elections, Steve Sandvoss. We will present the results of a DTV assessment of provisional voting which I personally conducted in 4 counties and the results. (Referred to as the 4 County Assessment) In conclusion, we propose how these rules should be written. In addendum we include the ISBE Provisional Voting pamphlet, Special Circumstances Guide, Vulnerability Assessment (Provisional voting- Barrington Hills), the JCAR letter and the email exchange.
Titre original
JCAR 218 - Provisional Voting Comments - With Addendum
This analysis is written to provide public comment on the proposed rules in Part 218 (Counting of Provisional Voting) found in Title 26 Chapter I: State Board of Elections. These proposed rules are known as JCAR 260218-1404328r01. The proposed JCAR rules were written by the Illinois State Board of Election. They are currently under Emergency Authorization by action of JCAR on March 19th, 2014. The Illinois State Board claims these rules are authorized by the passage of HB 2418 in July of 2013 and can be found in 10 ILCS 5/18A-15(b)(1).
We find that the rules permitting out-of precinct voting are inconsistent with the ILCS 10/5-8A. These rules violate the affirmation the voter-applicant makes that they have resided within the precinct in which they seek to vote for the past 30 days. Investigation also finds that the proposed rules permit insecure transportation and storage of the provisional ballots which is inconsistent with the legal requirements for ballot protection set within the same statute. {18A -5(b)(6) and 18A – 15 (h)} These 218 Rules potentially violate the requirement that there must be a paper VVPAT for every vote, they violate the right of the voter to know which of his votes count, and they are a gross violation of voter privacy rights.
This analysis will first explain the relevant aspects of the law, and then look at the proposed JCAR Rules. Included is a discussion about the Emergency Rules and the JCAR meeting held on March 19th where our written testimony was blocked by the General Counsel to the Illinois State Board of Elections, Steve Sandvoss. We will present the results of a DTV assessment of provisional voting which I personally conducted in 4 counties and the results. (Referred to as the 4 County Assessment) In conclusion, we propose how these rules should be written. In addendum we include the ISBE Provisional Voting pamphlet, Special Circumstances Guide, Vulnerability Assessment (Provisional voting- Barrington Hills), the JCAR letter and the email exchange.
This analysis is written to provide public comment on the proposed rules in Part 218 (Counting of Provisional Voting) found in Title 26 Chapter I: State Board of Elections. These proposed rules are known as JCAR 260218-1404328r01. The proposed JCAR rules were written by the Illinois State Board of Election. They are currently under Emergency Authorization by action of JCAR on March 19th, 2014. The Illinois State Board claims these rules are authorized by the passage of HB 2418 in July of 2013 and can be found in 10 ILCS 5/18A-15(b)(1).
We find that the rules permitting out-of precinct voting are inconsistent with the ILCS 10/5-8A. These rules violate the affirmation the voter-applicant makes that they have resided within the precinct in which they seek to vote for the past 30 days. Investigation also finds that the proposed rules permit insecure transportation and storage of the provisional ballots which is inconsistent with the legal requirements for ballot protection set within the same statute. {18A -5(b)(6) and 18A – 15 (h)} These 218 Rules potentially violate the requirement that there must be a paper VVPAT for every vote, they violate the right of the voter to know which of his votes count, and they are a gross violation of voter privacy rights.
This analysis will first explain the relevant aspects of the law, and then look at the proposed JCAR Rules. Included is a discussion about the Emergency Rules and the JCAR meeting held on March 19th where our written testimony was blocked by the General Counsel to the Illinois State Board of Elections, Steve Sandvoss. We will present the results of a DTV assessment of provisional voting which I personally conducted in 4 counties and the results. (Referred to as the 4 County Assessment) In conclusion, we propose how these rules should be written. In addendum we include the ISBE Provisional Voting pamphlet, Special Circumstances Guide, Vulnerability Assessment (Provisional voting- Barrington Hills), the JCAR letter and the email exchange.
(What Everyone Needs To Know) Anderson, C. W. - Downie, Leonard - Schudson, Michael-The News Media - What Everyone Needs To Know-Oxford University Press (2016)