EAC's 2018 All-Day Federal Election Summit

During subsequent audience questioning, SoS Wyman, while acknowledging positive interactions with DHS, expressed her fear of the federal government taking over elections [at least two prominent scholars I have written about favor this option]. Another question, from a Verified Voting affiliate, concerned the fact that 32 states use the Internet or faxing to transmit votes--a welcome invitation to infection, Jeremy Epstein replied. Email is generally unencrypted. Mr. Stafford answered that where time is a factor there is no other solution. Someone fighting in Afghanistan, for example, who receives a ballot three days before Election Day, has no other option if he/she wants their ballot to be counted. [I have heard of instances, as in Florida 2000, where a military ballot will be counted as long as it is postmarked on Election Day or earlier, though some corruption was evident, according to a New York Times project published in the summer of 2001].

After an extended lunch hour, another keynote speaker, Bob Kolasky, addressed the audience, Acting Deputy Undersecretary for the Department of Homeland Security's National Protection and Programs Directorate, replacing Undersecretary Christopher Krebs, who was called away. This directorate's function is to "protect critical infrastructure from physical and cyber threats."

There is no evidence that the Russia threat has gone away, he said. It's a national security issue. Moreover, in the face of such "duress," it is crucial to "exchange business cards" not in the midst of crises but during interims. This has happened between DHS with the National Association of Secretaries of State (NASS), EAC, and other important colleagues and must happen also much more between DHS and local and state election systems, which must obtain security clearance. We must share information about threats to the system. DHS has already interacted with three states on assessing their systems for risk and vulnerability and getting to know them. [He later specified especially positive interactions with New York state.] Eleven other state requests are pending but will be addressed by April, Kolasky said. DHS wants all states to sign up for this. Next time another entity might replace Russian invasion-relevant activities.

We must strengthen cybersecurity at every level. We must get information out quickly.

The next panel focused on "Election Accessibility: Protecting Privacy and Improving Reliability." EAC Vice Chair Thomas Hicks moderated. Participants were Virginia Atkinson, Senior Access and Inclusion Specialist, International Foundation for Electoral Systems; Michelle Bishop, Voting Rights Specialist, National Disability Rights Network; Cameron Sasnett, Director of the Office of Elections and General Registrar, Fairfax County, Virginia; and Stafford Ward, Secretary of the Board & Technology and Voter Services Advisor, U.S. Vote Foundation.

Accessibility to all functions related to voting was mandated by HAVA in 2002, Ms. Bishop began, but at the level of polling places, due to lack of funding, this criterion actually deteriorated since that time from 46 percent inaccessibility to 65 percent in 2016. The original HAVA distributions have not been augmented. Updating of machinery is needed, as is security, and the best solution is going back to paper ballots, she said. The placement at each location of one DRE for special-needs populations marginalizes them. Money is needed for research and development. The technology exists. Progress is being made only for "normal" people. Input from queuing theory, IT, and blockchain knowledge is needed.

There were very close elections in 2017, said Mr. Ward. The voting experience should be the same for all--at the level of the ballot used, for one example. The U.S. Vote Foundation is nonpartisan, nonpolitical, and NGO (a nongovernment organization). Its mission is to provide access to voting-relevant information to every citizen to facilitate the voting process. Partnership between state and local election officials is important, he said; it's all about building trust. Elections are a year-round activity among the 178,000 precincts in this country.

.. Accessibility overseas is much worse than it is here, said Ms. Atkinson, in terms of information provided--even about candidates for office--and physical accessibility. But there are polling places near shopping malls and "Burger King"s. Another issue, intellectual disabilities, is being addressed with information written extremely comprehensibly. An all-day channel portrays disabled people occupied with many different activities. The deaf community must also be accommodated, she said. The situation is even worse for those who are multiply handicapped. More youth must be drawn into the process. The UN Disability Treaty [the Convention on the Rights of Persons with Disabilities; see click here] has yet to be ratified. The Americans with Disabilities Act is a good model.

Mr. Hicks said that registration procedures are improving, now possible online. The system must be completely interactive. The Internet is a "great equalizer." There are 30 seconds between here and overseas. Technology is making things easier for special needs and changing the way people vote, said Ms. Bishop. Most people have smartphones. In answer to Mr. Hicks's question, How can election officials work with special-needs populations? she said that her organization has branches all over the country--and working with them is far superior to lawsuits, where everyone loses. There must be wider use of e-poll books. As many as 25 percent of the population are handicapped. Mr. Hicks noted that working at the polls is most educational and enlightening.

The final panel was an open mic session with EAC Executive Director Brian Newby and EAC Commissioners Matthew Masterson, Christy McCormick, and Thomas Hicks. Each panelist was asked for his/her takeaway from today's sessions. Mr. Newby, a prote'ge' of Kansas SoS Kris Kobach, said that there is a need for a coordinated, one-nation response by working, communicating, and identifying resources. "We must help coordinate the national response," he said.

Mr. Hicks asked how we can work to improve the process. Quoting Dr. Stewart, he reminded all that "things are improving." Ms. McCormick said that we must work on efficiency and integrity as well as communications with voters. Transparency is all important; for example, the public must be informed and invited to attend when machinery is being tested.

The National Election Defense Coalition's (NEDC) George Ripley noted that the summit should be "taken on the road." Interest is growing. Is this the largest civil rights movement? We are working hard to educate people, said Mr. Masterson. Mr. Hicks added that the commissioners [there should be a total of four; a fourth commissioner is missing because of political controversies in Congress, but he/she would be a Democrat if appointed] have spoken all over the country. Their travel budget is small, but their website www.eac.gov functions as a clearinghouse for issues affecting all precincts.

Another member of the audience pointed to the need to simplify our elections. "There are 50 different ways to vote in the 50 states," he said. Ms. McCormick noted that actually 55 jurisdictions are involved, if all U.S. territories are included. Said Mr. Hicks, with 170,000 different polling places, things are bound to happen.

Mr. Masterson concluded by exhorting the audience to "remain engaged, work together to tackle these challenges and solve these problems.

The EAC Summit was held on Wednesday, January 10, 2018, at the National Press Club's ballroom [because so many attended, beyond expectations; a smaller room had been scheduled.]

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