Also check the [Your State] Voter Registration Information link below to read a detailed profile of your state's voter registration database and state-specific voter registration policies. The report is part of the 50-state national survey titled Making the List, researched by the Brennan Center for Justice. Additionally, we recommend getting and sharing a copy of the book Count My Vote!, a voters' self-defense guide to voter registration, election regulations, and voter ID laws in all 50 states. By arrangement with publisher AlterNet, EDA is offering these handbooks at a 40% discount, just $6.00 plus postage. Please inform voter registration and election protection organizations about this important guide.Looking for Voter Registration Information for Your State?
Project Vote Smart has prepared an excellent guide to voter registration rules, deadlines, and procedures in all 50 states. Click the link below, then select your state from the dropdown list:
http://www.votesmart.org/voter_registration_resources.php [1]
Available here: Count My Vote [2]
home page: http://www.votesafetn.org/ [3]
Information: info@votesafetn.org [4]
To subscribe to mailing list: info@votesafetn.org
* We have no financial stake in decisions regarding voting machine technology.
* We are not being paid for our efforts.
* We are doing this on our own time.
* We stand to gain nothing except a fair and verifiable election process in Tennessee, the most important prize of all.
What We Believe
All elections should be conducted using paper ballot voting systems that ensure the highest ethical standards, full enfranchisement, and independent verification, while using only secure electronic voting equipment.
What We Want
* Every vote cast must be a paper ballot that has been marked and verified as accurate by the voter. This ballot is the ballot of record.
* Mandatory recounts of a sample of ballots after every election to check for problems and verify results.
What Action Is Needed
* The Tennessee Legislature should pass a law as soon as possible requiring voter verifiable paper ballots. Call and write your state legislators telling them we need this law. Time is running out to implement any new election legislation before this most critical 2008 election.
Learn more about the issues and our efforts. Email us to join our mailing list.
LINKS:
Tennessee General Assembly
BlackBoxVoting.org
BlackBoxVoting Forums
Common Cause
VerifiedVoting.org
Verified Voting Foundation.org
Vote Trust USA
VotersUnite.Org
Source: http://www.commercialappeal.com/news/2008/jun/06/machines-to-create-conf... [5]
By Richard Locker
Memphis Commercial Appeal, Friday, June 6, 2008
NASHVILLE -- Bernie Ellis and Dick Williams stood Thursday with other citizens behind Gov. Phil Bredesen as he signed the Tennessee Voter Confidence Act they had worked for since the uproar over massive discrepancies in the 2004 presidential election in Ohio.
The Tennessee act requires that every county to use -- no later than the November 2010 election -- voting machines that produce a voter-verifiable paper ballot trail in case recounts are necessary.
Voters will mark ovals alongside candidate names on paper ballots similar to the standardized test sheets students fill out, and then feed them into optical scan devices that record the votes. The ballots will be stored for manual recounts if necessary.
That means 93 of Tennessee's 95 counties will be replacing their current voting machines, including Shelby County and its touch-screen voting system that cost $4.2 million in 2006. Hamilton and Pickett counties now use the optical devices.
State Election Coordinator Brook Thompson estimates the new equipment, plus other devices to enable disabled people to use similar ballots, will cost the state and federal governments about $25 million. Local election commissions won't have to foot the bill.
Ellis, an epidemiologist, and members of the statewide organization Gathering to Save Our Democracy, have been working for the bill since the nucleus of the group formed in December 2004, after the last presidential election, which followed the Florida debacle that delayed the outcome of the 2000 presidential election.
The group lobbied state legislators, who had already begun a study of the state's voting systems, and a bill was introduced in the 2005 legislative session that would require all new voting machines acquired to produce a paper version of all votes cast.
It finally won approval this year, passing the House 92-3 and the Senate 32-0.
The bill also requires county election commissions to conduct hand-count audits of the voter-verified paper ballots of at least the top race in the federal, state, county and municipal elections on the ballot. The audits would be conducted in at least 3 percent of the precincts, comprising at least 3 percent of the voters in that election, and 3 percent of early votes.
Thompson said the state and local election commissions will begin working to replace voting machines after this year's elections, with a goal of having the new devices in place for the May and August primaries of 2010, before the mandatory November 2010 deadline.
Other Election Bills Introduced and Pending 2007-08
in the Tennessee General Assembly
Research and compilation by Deborah Narrigan, Gathering to Save Our Democracy
(Bill commentary by Gathering to Save Our Democracy does not reflect endorsement or assessment by EDA) --[Ed.]
1. HB 1895 Rinks
SB 1702
Abstract: Election Laws - Revises provisions related to computerized voting systems, contested elections, alleged tempering with ballots or voting machines, post election audits, and retention of certain information. - Amends TCA Title 2, Chapter 11; Title 2, Chapter 7 and Title 2, Chapter 9.
Notes: This bill has 5 parts, all dealing with technical issues of e vote systems, including allowing “experts” access to machine software.
Follow closely—this is an important and complex bill.
2. HB 2152 Briley
SB 2033 Crutchfield
Abstract: Election Laws - Enacts the “Voter Confidence and Increased Accessibility Act of 2007.” - Amends TCA Title 2.
Notes: This bill is identical to HB 1256 see below
3. HB 1896 Rinks
SB1700 Herron
Abstract: Election Laws - Requires all new voting machines be either optical scan or if touch-screen devices, be equipped with a device that complies with the Americans with Disabilities Act that provides a paper trail that can be reviewed by the voter to insure the accountability of the vote. - Amends TCA Title 2.
Notes: This bill resembles several others advocating for optical scan systems but is less clearly written.
4. HB 1282 Lynn, Maggart
SB 0824 Johnson
Abstract: Election Laws - Requires any voting system purchased on or after July 1, 2007, to produce a paper version of any ballot cast; requires such paper version to be retained by county election commission for recounts, contests, or random samplings. - Amends TCA Title 2, Chapter 9.
Notes: This is Rep Lynn’s bill introduce for a third time; very brief.
Follow as she is a strong advocate for the same basic goals we have.
5. HB 1894 Rinks
SB 1697 Herron
SB 0824 Johnson
Abstract: Election Laws - Requires any voting system purchased on or after July 1, 2007, to produce a paper version of any ballot cast; requires such paper version to be retained by county election commission for recounts, contests, or random samplings. - Amends TCA Title 2, Chapter 9.
Notes: This is exactly the same wording as HB 1282
6. HB 1889 Tindell
SB1692 Herron
Abstract: Election Laws - Requires county election commission to place source codes for vote counting software for electronic voting machines in approved escrow facility prior to election for purpose of recount or accuracy tests. - Amends TCA Title 2, Chapter 9.
Notes: New ideas here, on escrowing source codes—by counties.
Follow closely and consider discussion with sponsors as language and ideas are not clear, but are important.
7. HB 1281 Lynn, Maggart
SB 0825 Johnson
Abstract: Election Laws - Requires county election commission to place source codes for vote counting software for electronic voting machines in approved escrow facility prior to election for purpose of recount or accuracy tests. - Amends TCA Title 2, Chapter 9.
Notes: This is exactly the same wording as HB 1889.
8. HB 1373 Kernell
SB 1217 Ford
Abstract: Election Laws - Requires each voting machine by November 2008 election to have capability of producing hard copy of voting totals or have documented method in place capable of retrieving voting totals from machine and producing hard copy of voting totals. - Amends TCA Title 2, Chapter 9.
9. HB 1764 Kernell, U Jones
SB 0639 Flinn
Abstract: Election Laws - Requires the county election commission in any county using a computerized direct recording electronic system approved by the coordinator of elections and the state election commission to provide for each polling place a voter-verified paper audit trail system. - Amends TCA Section 2-5-216.
Notes: Unclear intent but generally calls for paper “trail”.
1. HB0017 Shepard
SB 0012 Jackson
Abstract: Election Laws- Permits any registered Tennessee voter to vote absentee- Amends TCA Title
Notes: Ideas are not developed, but this may be a first step to vote by mail.
Follow as this is basically a good idea.
(*EDA takes a very different view, that VBM is a well-intentioned idea that unfortunately presents an unacceptably high level of risk for election fraud. See: http://www.electiondefensealliance.org/vote_by_mail [6].)--[Ed.]
2. HB0485 Marrero
SB 0642 Flynn
Abstract: Election Laws - Requires certain elections be conducted by mail; authorizes state coordinator of elections to promulgate rules to effectuate the purposes of this act. - Amends TCA Title 2.
Notes: This is a fully developed plan for VBM; problem is Rep Marrero may be elected to the Senate, and the Senator here is temporary.
It seems unlikely this will go very far as it is a totally new idea and would completely alter (how?) the election system state-wide.
Instead, Congressman Holt will introduce a new bill January 17, 2008 [HR 5036] that will offer one time funding to states such as Tennessee that currently do not use voting systems based on paper ballots. Any state that wants to convert from touchscreen electronic systems to optical scan voting systems in time for the 2008 general election will be able to request funding.
Scroll below maps for list of machines by county
Source: "The Verifier" http://verifiedvoting.org/verifier/ [7]
Source: TN Department of Elections http://www.state.tn.us/sos/election/voting_systems/index.htm [8]
Click here to download PDF of machines listed by county [9]
| Attachment | Size |
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| TN_VotingMachines_010908.pdf [10] | 14.89 KB |
| TN_2008_paperlessDREs.gif [11] | 36.53 KB |
| TN_Voting_Machines_Map.gif [12] | 42.42 KB |
Recommended: Bernie Ellis of Gathering to Save Our Democracy, made the case for passage of the act, in a presentation to the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) September 27, 2007.
Trust But Verify: Toward Increasing Voter Confidence in Election Results [13]
===========================
Click to download bill text [14]
By Representatives Moore, Sontany, Mike Turner, Sherry Jones, Gilmore, West, Pruitt, Coley, Hardaway, Favors, Lynn, Hensley
Substituted for: Senate Bill No. 1363
By Senators Haynes, Burchett, Harper, Herron, Marrero, Norris, Woodson, Johnson, Kurita, Ford, Black
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act shall be known and may be cited as the "Tennessee Voter Confidence Act".
SECTION 2. Tennessee Code Annotated, Section 2-1-104, is amended by adding the following definitions, appropriately numbered:
(_) "Precinct-based optical scanner" means an optical ballot scanner that is located in the precinct and into which optical scan voter-verified paper ballots, marked either by hand by the voter or with the assistance of a device, are inserted to count the voter verified paper ballot;
(_) "Top race" means the presidential race, if the presidential race is on the ballot; the governor's race, if the governor's race is on the ballot; and in addition to such races, if other races are on the ballot, the race which receives the most votes as determined by the unofficial machine vote count for each political subdivision election held and on the ballot;
(_) "Voting system" means a precinct-based optical scanner;
(_) "Voter-verified paper ballot" means a permanent, individual paper ballot that is marked either manually by the voter or with the assistance of a device and verified by the voter as correctly reflecting the voter's intent, before the voter's vote is counted by the precinct-based optical scanner;
SECTION 3. Tennessee Code Annotated, Title 2, is amended by adding the following language as a new, appropriately designated chapter thereto:
§ 2-__- 101.
(a) Notwithstanding any other provision of state law to the contrary and consistent with federal law, after January 1, 2009 any voting system purchased or leased shall be a system using precinct-based optical scanners.
(b)
(1) Each county shall use a precinct-based optical scanner voting system on or before the November 2010 general election.
(2) It is the intent of the general assembly that in the purchase or lease of such voting systems the state of Tennessee comply in all respects with federal law.
§ 2-__- 102.
All voting systems shall meet the minimum federal law requirements with regard to enabling voters with disabilities to complete the voting process in a manner that maintains the privacy of the voter's ballot.
§ 2-__- 103.
(a) For each election, each county election commission shall conduct mandatory hand count audits of the voter-verified paper ballots of at least the top race in the federal, state, county or municipal election, if on the ballot, which hand count audits shall include three percent (3%) of the votes cast prior to the election for the races to be audited, and also be conducted in at least three percent (3%) of the precincts, as follows:
(1) The selection of the precincts in a county in which the county election commission shall conduct hand count audits of the voter-verified paper ballots as specified in this section shall be made public by the county election commission on an entirely random basis using a uniform distribution in which all precincts in a county have an equal chance of being selected.
(2) As soon as practical, following the closing of the polls, the county election commission shall:
(A) Complete the initial vote count for each and every precinct participating in the election in that county and publicly announce the unofficial results of each such initial vote count as soon as such results are available;
(B) Conduct a random drawing as specified by this section to determine which precincts will be selected and publicly announce the results of the drawing;
(C) Initiate such mandatory hand count audits of the voter-verified paper ballots of the top race and any other race, if additional races are selected for audit by the county election commission, in the precincts selected when all ballots, including provisional ballots, have been counted; and
(D) Publicly announce the results of each such mandatory hand count audit.
(3)
(A) If the county election commission finds as a result of its hand count audit that there is a variance of less than one percent (1%) between the voter-verified paper ballots counted for any race included in the hand count audit and the initial unofficial machine vote count in any of the precincts selected for the random audit, the election shall be certified for that race and no additional hand count audit shall be required for that race.
(B) If, pursuant to subdivision (A), the variance is more than one percent (1%) between the hand count audit and the unofficial machine vote count for any race, the county election commission shall conduct hand count audits in the manner provided in this section at an additional three (3) or more percent of precincts, as the county election commission considers appropriate, within the county for the same races audited under subdivision (A) where the variance was more than one percent (1%), to resolve any concerns and ensure the accuracy of the results for certification.
(C) If the variance in the audits conducted pursuant to subdivision (B) is more than one percent (1%) between the hand count audit and the unofficial machine vote count, the county election commission is authorized to conduct a hand count audit in as many precincts as the commission considers appropriate, to resolve any concerns and ensure the accuracy of the results for certification.
(D) Pursuant to subsection (b), following such hand count audits and the announcement of the results and the availability of such results, the election shall be certified and the election results published. If an election contest is filed pursuant to title 2, chapter 17, part 1, the results of such hand count audits shall be considered by any court, primary board, legislative body or tribunal having jurisdiction of an election contest to determine whether a recount is warranted in accordance with § 2-17-117.
(b) As soon as practicable after the completion of a hand count audit conducted under this section, the county election commission shall publicly announce and make available the results of the audit, and shall include in the announcement a comparison of the results of the election in the precinct as determined by the county election commission under the hand count audit and the initial voting system count in the precincts as previously announced by the county election commission.
(c) No county may certify the results of any election which is subject to an audit under this section prior to the completion of the hand count audit and the announcement and the availability of the results of the hand count audit.
(d) A county election commission shall implement the process for mandatory random hand count audits no later than the general election in 2010.
§ 2-__- 104.
(a) All electronic voting systems in use on or after the effective date of this act:
(1) Shall be certified pursuant to § 2-9-110 and shall have been certified by the election assistance commission as having met the applicable voluntary voting systems guidelines; in addition the precinct-based optical scanners shall be tested to ensure the scanners operate in accordance with such guidelines; and
(2) Shall, with all relevant documentation, be made available by their vendors, at the request of the state election commission or the secretary of state for review by an independent expert, selected by the state election commission or the secretary of state, to ensure the functionality and security of its systems.
The state coordinator of elections shall enact necessary rules and regulations to require that all required tests are properly conducted on the precinct-based optical scanners as well as requiring a sufficient review is conducted of the voting systems and the relevant documentation to ensure compliance with this subsection.
(b) Prior to each election, all electronic voting equipment purchased, leased or used by the county election commissions shall be subject to acceptance testing by such commission in accordance with rules and regulations promulgated by the state coordinator of elections.
(c) With respect to precinct-based optical scanner voting systems purchased or leased pursuant to this act, vendors shall provide access to all information required pursuant to subsection (a) and rules and regulations promulgated pursuant to such subsection, which shall be placed in escrow with an agent designated by the secretary of state.
(d) No electronic voting equipment used in an election in Tennessee shall have any capability, enabled or disabled, for wireless communication of any sort.
§ 2-__- 105. The Coordinator of Elections shall provide a list of authorized printers for the county election commissions to utilize for the printing of ballots. The Coordinator of Elections is authorized to explore the feasibility of utilizing ballot on demand technology.
SECTION 4. Tennessee Code Annotated, Section 2-17-105, is amended by deleting the language "within ten (10) days after the election" and substituting instead the language "within five (5) days after certification of the election".
SECTION 5. Tennessee Code Annotated, Section 2-8-101(a), is amended by deleting the language "The county election commission shall meet at its office on the first Monday after an election or upon completion of its duties under § 2-8-104, but no later than the second Monday after the election" and substituting instead the language "The county election commission shall meet at its office upon completion of its duties under § 2-8-104, but no later than the third Monday after the election".
SECTION 6. The secretary of state and the state election commission are authorized, with the various county election commissions, to implement the provisions of this act for any new voting systems purchased or leased after the effective date of this act in accordance with § 2-___-101(a)(1). In addition, they are authorized to expedite the replacement or modification of any systems that are not in compliance with this act, but no later than the general election of 2010. Provided, however, notwithstanding any provision of this act or any other law to the contrary, the requirements of this act mandating the purchase or lease of new voting systems shall be implemented if and only if federal "Help America Vote Act" (HAVA) funds previously allocated, or other federal funding resources, are available to pay the full cost of purchasing or leasing such new voting systems.
SECTION 7. For the purpose of promulgating rules and regulations, this act shall take effect upon becoming law, the public welfare requiring it; for all other purposes this act shall take effect January 1, 2009, the public welfare requiring it.
| Attachment | Size |
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| TN_HB1256_Voter_Confidence_Act.pdf [15] | 56.66 KB |
| Trust_But_Verify_Ellis_092707.pdf [16] | 23.31 KB |
Tennessee Voter Registration Database Report:
State Regulations and Procedures Implementing HAVA Voter Registration Requirements
Attached is the Tennessee Voter Registration Information as set forth in Making the List, Database Matching and Verification Processes for Voter Registration as published by the Brennan Center for Justice at New York University on March 24, 2006. This document contains available information about voter regtistration current as of the date of publication.
Federal law now requires, as of January 1, 2006, that states create and maintain statewide databases to serve as the central source of voter registration information. Citizens’ ability to get on the rolls (and thus their ability to vote and have their votes counted) will now depend on the policies and procedures governing the use of these databases in the voter registration process. Evidence demonstrates that poor policy and procedure choices could result in the unwarranted disenfranchisement of millions of eligible citizens attempting to register to vote. The new statewide databases, and their role in the voter registration process, are poorly understood, but extremely consequential.
This report, issued just as the state databases begin to come online, presents the first comprehensive catalog of the widely varying state database practices governing how (and in some cases, whether) individuals seeking to register will be placed on the voter rolls.
The report covers the state’s voter registration process, from the application form up through Election Day - including the intake of registration forms, the manner in which information from the forms may be matched to other government lists, the consequences of the match process, and any opportunity to correct errors. Each variation at each step of the process has tangible consequences for voters seeking to register and vote in 2006 and beyond.
IMPORTANT: Because of the possibility that voter information may differ from database to database (abbreviations, street designations, etc.) or because of data entry errors, valid voter registration data may be rejected. Individual voters are urged to contact their county clerk or local election board to determine that they are properly registered. Many such election authorities maintain online services for this purpose, other will require a telephone call or perhaps a written inquiry to determine the voter's eligibility.
As an addendum to this state report, a fill-in form for voter registration is presented which can be completed, printed and sent to the appropriate registratrar of voters (generally the county Clerk or local election board). The proper form of submission and location is included on the registration form.
| Attachment | Size |
|---|---|
| Tennessee.pdf [17] | 289.88 KB |
Election Defense Alliance is a program of International Humanities Center, a nonprofit organization under Section 501(c)(3) of the IRS Code.
Links:
[1] http://www.votesmart.org/voter_registration_resources.php
[2] http://electiondefensealliance.org/store/?page_id=4&product_id=34
[3] http://www.votesafetn.org/
[4] mailto:info@votesafetn.org
[5] http://www.commercialappeal.com/news/2008/jun/06/machines-to-create-confident-balloting/
[6] http://www.electiondefensealliance.org/vote_by_mail
[7] http://verifiedvoting.org/verifier/
[8] http://www.state.tn.us/sos/election/voting_systems/index.htm
[9] http://www.electiondefensealliance.org/files/TN_VotingMachines_010908.pdf
[10] http://electiondefensealliance.org/files/TN_VotingMachines_010908.pdf
[11] http://electiondefensealliance.org/files/TN_2008_paperlessDREs.gif
[12] http://electiondefensealliance.org/files/TN_Voting_Machines_Map.gif
[13] http://www.electiondefensealliance.org/files/Trust_But_Verify_Ellis_092707.pdf
[14] http://electiondefensealliance.org/http
[15] http://electiondefensealliance.org/files/TN_HB1256_Voter_Confidence_Act.pdf
[16] http://electiondefensealliance.org/files/Trust_But_Verify_Ellis_092707.pdf
[17] http://electiondefensealliance.org/files/Tennessee.pdf