Publication of State Plan Pursuant to the Help America Vote Act, 63699-63705 [E8-25455]

Download as PDF Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices through the use of information technology. Dated: October 21, 2008. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Institute of Education Sciences Type of Review: Revision. Title: Early Childhood Longitudinal Study Kindergarten Class of 2010–2011. Frequency: Annually. Affected Public: Individuals or household. Reporting and Recordkeeping Hour Burden: Responses: 54,190 Burden Hours: 99,855. Abstract: The ECLS–K 2010–2011 is the follow-up study to the ECLS-K. It is a longitudinal study that will follow children from kindergarten through fifth grade to measure child development, school readiness and early school experiences. It will include cognitive assessments of children on an annual basis, parent interviews, and surveys of teachers, school administrators and the primary care provider. 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E8–25491 Filed 10–24–08; 8:45 am] BILLING CODE 4000–01–P ELECTION ASSISTANCE COMMISSION mstockstill on PROD1PC66 with NOTICES Publication of State Plan Pursuant to the Help America Vote Act U.S. Election Assistance Commission (EAC). ACTION: Notice. AGENCY: SUMMARY: Pursuant to sections 254(a)(11)(A) and 255(b) of the Help VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 America Vote Act (HAVA), Public Law 107–252, the U.S. Election Assistance Commission (EAC) hereby causes to be published in the Federal Register changes to the HAVA State plans previously submitted by Idaho, Iowa, and Pennsylvania. DATES: This notice is effective upon publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone 202–566– 3100 or 1–866–747–1471 (toll-free). Submit Comments: Any comments regarding the plans published herewith should be made in writing to the chief election official of the individual State at the address listed below. SUPPLEMENTARY INFORMATION: On March 24, 2004, the U.S. Election Assistance Commission published in the Federal Register the original HAVA State plans filed by the fifty States, the District of Columbia and the Territories of American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. 69 FR 14002. HAVA anticipated that States, Territories and the District of Columbia would change or update their plans from time to time pursuant to HAVA section 254(a)(11) through (13). HAVA sections 254(a)(11)(A) and 255 require EAC to publish such updates. This is Idaho’s first revision to its State plan; Iowa’s second revision to its State plan; and Pennsylvania’s third revision to its State plan. The revised State plans from Idaho, Iowa, and Pennsylvania address changes in the respective budgets of the previously submitted State plans and account for the use of Fiscal Year 2008 requirements payments. In accordance with HAVA section 254(a)(12), all the State plans submitted for publication provide information on how the respective State succeeded in carrying out its previous State plan. The States all confirm that these changes to their respective State plans were developed and submitted to public comment in accordance with HAVA sections 254(a)(11), 255, and 256. Upon the expiration of thirty days from October 27, 2008, the State is eligible to implement the changes addressed in the plan that is published herein, in accordance with HAVA section 254(a)(11)(C). EAC wishes to acknowledge the effort that went into revising these State plans and encourages further public comment, in writing, to the State election officials listed below. Chief State Election Official The Honorable Ben Ysursa, Secretary of State, P.O. Box 83720, Boise, Idaho PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 63699 83720–0080, Phone: (208) 334–2852, Fax: (208) 334–2282. The Honorable Michael A. Mauro, Secretary of State, 1007 East Grand Avenue, Room 105, State Capitol, Des Moines, IA 50319, Phone: (515) 281– 5204, Fax: (515) 242–5952. ´ The Honorable Pedro A. Cortes, Secretary of the Commonwealth, 302 North Office Building, Harrisburg, Pennsylvania 17120, Phone: (717) 787– 8727, Fax: (717) 787–1734. Thank you for your interest in improving the voting process in America. Dated: October 21, 2008. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. Office of the Iowa Secretary of State Michael A. Mauro, Secretary of State, Lucas Building, 1st Floor, Des Moines, IA 50319. September 10, 2008. Edgardo Cortes, Acting Director, Election Administration Support Division, U.S. Election Assistance Commission, 1225 New York Ave., NW., Ste. 150, Washington, DC 20005. RE: Iowa Revised State Plan. Dear Mr. Cortes: Enclosed is the Revised HAVA State Plan for Iowa. The Plan only addresses the sections of the original Plan that have been revised. All other sections remain the same. Please let Ann Clary know if additional information is required or if you have any questions. Ann may be contacted at 515– 281–8361 or ann.clary@sos.state.ia.us. Your assistance with this process is greatly appreciated. Sincerely, Michael Mauro, Secretary of State. Enclosure. Phone 515–281–5204; Fax 515–242–5953; http://www.sos.state.ia.us. sos@sos.state.ia.us. Section 12: Changes to State Plan From Previous Fiscal Year Plan Element 12. In the case of a State with a State plan in effect under this subtitle during the previous fiscal year, a description of how the plan reflects changes from the State plan for the previous fiscal year and of how the State succeeded in carrying out the State plan for such previous fiscal year. The initial Iowa State Plan was adopted in 2003 and amended in 2005. This amendment reflects changes in the plan in anticipation of the receipt of additional requirements payments in 2008. Section 1: State Plan Required Elements 301. Voting Systems Standards In 2005 and 2006 Iowa completed the purchase and deployment of HAVAcompliant voting systems in 96 of 99 counties. Three counties, in anticipation E:\FR\FM\27OCN1.SGM 27OCN1 63700 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices of additional improvements to voting equipment chose to lease HAVAcompliant equipment. The equipment purchased and leased falls into the following categories: Type of voting system device and one ballot-marking device will be provided for each general election precinct in the all-DRE counties. Optical scan devices will also be purchased for tabulation of absentee ballots. Number of counties Meeting Accessibility Requirements All DRE voting equipment that was All-DRE ..................................... 19 purchased to satisfy the HAVA Blended systems: Optical scan accessibility requirements will be with DRE for accessibility ..... 59 replaced with ballot marking devices to Optical scan with ballot marking device for accessibility .......... 21 provide nonvisual accessibility for blind and visually impaired voters in a manner that provides the same Replace DRE Voting Systems With opportunity for access and participation Optical Scan Voting Systems (including privacy and independence) In 2008 the State of Iowa changed its as for other voters, as required by HAVA voting equipment laws to prohibit use of section 301(a)(3). Ballot-marking DRE voting equipment and mandated devices will be purchased for in-person that the counties replace all DREs with absentee voters in the 78 counties optical scan voting systems and changing from DREs. In addition, ballotaccessible ballot marking devices. This marking devices will be purchased for change must be implemented for the five counties currently using optical November 4, 2008, General Election. See scan systems that had not previously Appendix A: Senate File 2347. purchased ballot-marking devices for The 2008 requirements payment will use by in-person absentee voters. be used to purchase optical scan voting systems with ballot marking devices for Voting Equipment Technical Support Services three counties that have not yet purchased voting equipment using This section of the Plan is rescinded. HAVA funds. Remaining HAVA funds The Secretary of State did not will be used to replace DRE voting implement this program in the original equipment in 78 Iowa counties. The plan. This program is described in the DRE voting equipment will be replaced original plan as follows: To assist with with optical scan systems (in all-DRE the conversion process to DRE based counties) and ballot-marking devices to systems in the lever counties and in provide nonvisual accessibility for blind each precinct to meet accessibility and visually impaired voters in a requirements, it is recommended that a manner that provides the same technical support staff with extensive opportunity for access and participation training on the prevalent voting (including privacy and independence) equipment be established. The technical as for other voters, as required by HAVA support services shall initially be section 301(a)(3). One optical scan funded entirely with HAVA funds. After the establishment of the program the funding will be re-evaluated and funding this position through a county and state partnership will be considered. 302. Provisional Voting and Voting Information Requirements Iowa has met the requirements of section 302. 303. Computerized Statewide Voter Registration List Requirements and Requirements for Voters Who Register by Mail Iowa has met the requirements of section 303 and continues to use HAVA funds for maintenance of the system. No change from previous plan. 304. Minimum Requirements No change to this section. 305. Methods of Implementation Left to Discretion of State No change to this section. 312. Adoption of Voluntary Guidance by Commission No change to this section. 251(b)(2) Other Activities No change to this section. Section 2: Distribution of Requirements Payments The State will purchase the voting equipment necessary to replace all DREs in the state and will transfer ownership of the equipment to the counties. The HAVA 2008 Requirements Payment will be used to reimburse the Rebuild Iowa Infrastructure Fund for part of the cost of the voting equipment. PROGRAM COSTS Description Resources Voting equipment, Premier .................................................................................................................... Voting equipment, ES&S ....................................................................................................................... $8,577,155.00 $1,181,940.00 .............................. .............................. 3 Total initial cost ............................................................................................................................... Less vendor discounts & credits: 4 Premier: Quantity ............................................................................................................................ 5 Premier: Trade-in ............................................................................................................................ 6 Premier: lease credit ....................................................................................................................... 7 ES&S: Trade-in ............................................................................................................................... mstockstill on PROD1PC66 with NOTICES 1 2 Costs $9,759,095.00 .............................. $250,000.00 $455,100.00 $428,000.00 $32,230.00 .............................. .............................. .............................. .............................. 8 Total discounts & credits ......................................................................................................... 9 Final cost of equipment ........................................................................................................... State match for 2008 Req. Pmt. ................................................................................................... Total Project Amount ..................................................................................................................... Current remaining HAVA budget for 3 counties .................................................................................. Remaining HAVA equipment budget ................................................................................................... $1,165,330.00 $8,593,765.00 $61,000.00 $8,654,765.00 .............................. .............................. .............................. .............................. .............................. .............................. $1,618,386.00 $135,499.00 12 Total existing HAVA equipment .................................................................................................... .............................. $1,753,885.00 State appropriation 2007 ...................................................................................................................... State appropriation 2008 ...................................................................................................................... .............................. .............................. $2,000,000.00 $4,900,880.00 10 11 13 14 VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 63701 PROGRAM COSTS—Continued Description 15 Costs Resources Total state appropriation ............................................................................................................... .............................. $6,900,880.00 16 Current available funding ..................................................................................................................... 2008 Requirements payment ...................................................................................................................... .............................. .............................. $8,654,765.00 $1,167,798.00 The Iowa General Assembly has appropriated a total of $6,900,880 to fund the purchase of optical scan voting systems and ballot marking devices with the condition that any federal funds that are received will be used to reimburse the fund from which those funds were appropriated. Sixty-six percent of the project cost will be funded with state appropriations. Existing HAVA funds represent 20.25%; the 2008 requirements payment represents 13.49%. The Secretary of State has adopted Administrative Rules defining the method of distributing and monitoring the funds for this program. See Appendix B. Maintenance of Effort Iowa has maintained the expenditures of the State for activities funded by the HAVA payments at a level that is not less than the level of such expenditures mstockstill on PROD1PC66 with NOTICES PAG 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Title I Funds Iowa has no remaining funds received under HAVA Title I. HAVA Plan Committee Secretary of State Michael Mauro has appointed a new HAVA Plan Committee. The members are: Jamie Fitzgerald, Polk County Auditor. Joel Miller, Linn County Auditor. Ken Kline, Cerro Gordo County Auditor and President of the Iowa State Association of County Auditors. Rik Shannon, Governor’s Developmental Disability Council, Department of Human Services, Des Moines. Linda Langenberg, Deputy Secretary of State. Appendix A Senate File 2347 SENATE FILE llll BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3262) Passed Senate, Date llll Vote: Ayes llll Nays llll Passed House, Date llll Vote: Ayes llll Nays llll Approved llllllll A BILL FOR 1 2 3 4 5 6 7 8 9 An Act relating to the use of optical scan voting systems in every county, making an appropriation for the cost of purchasing and distributing optical scan voting systems, reducing certain appropriations, providing for continuing education for certain election personnel, and providing an effective date. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 2347 sc:rj/cc/26 LIN .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... VerDate Aug<31>2005 maintained by the State for the fiscal year July 1, 1999 through June 30, 2000. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Section 1. NEW SECTION. 47.10 OPTICAL SCAN VOTING SYSTEM FUND. An optical scan voting system fund is established in the office of the treasurer of state under the control of the secretary of state. Moneys in the fund are appropriated to the office of the secretary of state for purchase and distribution of optical scan voting system equipment to counties to assist county compliance with section 52.2, subsection 2. The secretary of state, in consultation with the department of administrative services, shall establish a procedure for purchasing and distributing the equipment. Sec. 2. Section 49.124, Code 2007, is amended to read as follows: 49.124 TRAINING COURSE BY COMMISSIONER—CONTINUING EDUCATION PROGRAM. 1. The commissioner shall conduct, not later than the day before each primary and general election, a training course for all election personnel, and the commissioner may do so before any other election the commissioner administers. The personnel shall include all precinct election officials and any other persons who will be employed in or around the polling places on election day. At least two precinct election officials who will serve on each precinct election board at the forthcoming election shall attend the training course. If the entire board does not attend, those members who do attend shall so far as possible be persons who have not previously attended a similar training course. 2. A continuing education program shall be provided to election personnel who are full-time or part-time permanent employees of the commissioner’s office. The state commissioner of elections shall adopt rules pursuant to chapter 17A to implement and administer the continuing education program. 17:13 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 63702 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices PAG 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 LIN .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... 34 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 7 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sec. 3. Section 52.2, subsection 2, Code Supplement 2007, is amended by striking the subsection and inserting in lieu thereof the following: 2. Notwithstanding any provision to the contrary, for elections held on or after November 4, 2008, a county shall use an optical scan voting system only. The requirements of the federal Help America Vote Act relating to disabled voters shall be met by a county through the use of electronic ballot marking devices that are compatible with an optical scan voting system. Sec. 4. Section 52.7, subsection 1, paragraph l, Code Supplement 2007, is amended by striking the paragraph. Sec. 5. OPTICAL SCAN VOTING SYSTEM FUND—APPROPRIATION. There is appropriated from the rebuild Iowa infrastructure fund to the office of the secretary of state for the fiscal year beginning July 1, 2007, and ending June 30, 2008, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For deposit into the optical scan voting system fund, as established in section 47.10, notwithstanding section 8.57, subsection 6, paragraph ‘‘c’’: .................................................. $4,900,880 1. If any federal funding is received for the same or similar purposes authorized in section 47.10, as enacted by this Act, of the amount appropriated in this section, $61,000 is allocated for matching such federal funding, and an amount equal to the federal funding received shall revert from the amount appropriated to the rebuild Iowa infrastructure fund at the end of the fiscal year. 2. Notwithstanding section 47.9, as of the effective date of this Act, all remaining moneys in the voting machine reimbursement fund established in section 47.9 shall be transferred to the optical scan voting system fund established in section 47.10. Notwithstanding section 8.33, except as otherwise provided in subsection 1, the moneys appropriated and transferred in accordance with this section shall not revert to the fund from which appropriated or transferred. 3. On or before December 31, 2008, the secretary of state shall submit a report to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation regarding the expenditures of moneys from the optical scan voting system fund and distribution of equipment to counties appropriated in this section. Sec. 6. [not applicable and omitted intentionally] Sec. 7. [not applicable and omitted intentionally] Sec. 8. Section 47.9, Code Supplement 2007, is repealed. Sec. 9. EMERGENCY RULES. The secretary of state may adopt emergency rules under section 17A.1, subsection 2, and section 17A.5, subsection 2, paragraph ‘‘b’’, to implement the provisions of this Act relating to optical scan voting systems, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4. Sec. 10. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. SF 2347 sc:rj/cc/26 mstockstill on PROD1PC66 with NOTICES Appendix B Administrative Rules defining the method of distributing and monitoring the funds for this program. ARC 6727B. SECRETARY OF STATE [721] Adopted and Filed Emergency Pursuant to the authority of Iowa Code chapter 17A and 2008 Iowa Acts, VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 Senate File 2347, section 9, the Secretary of State hereby amends Chapter 22, ‘‘Voting Systems,’’ Iowa Administrative Code. The amendment to Chapter 22 rescinds and replaces rule 721– 22.32(52), which was first adopted in 2007 to implement the addition of voterverifiable paper audit trails to direct recording electronic (DRE) voting PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 equipment currently in use in Iowa. In 2008, the General Assembly outlawed the use of DRE voting equipment and mandated its replacement with optical scan voting equipment and ballotmarking devices. New rule 721– 22.32(52) provides a process for the purchase of the new voting equipment. The Agency finds, in compliance with Iowa Code section 17A.4(2), that notice E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices and public participation are impracticable because 2008 Iowa Acts, Senate File 2347, which became effective on April 1, 2008, authorizes the Secretary of State to adopt emergency rules to implement the provisions of Senate File 2347 relating to optical scan voting systems. The Agency also finds, pursuant to Iowa Code section 17A.5(2)‘‘b’’(1), that the normal effective date of this rule should be waived and this rule should be made effective upon filing with the Administrative Rules Coordinator on April 2, 2008, as authorized by 2008 Iowa Acts, Senate File 2347, section 9. This rule is also published herein under Notice of Intended Action as ARC 6728B, as required by 2008 Iowa Acts, Senate File 2347, section 9, in order to allow for public comment. The Secretary of State adopted this rule on April 2, 2008. This rule became effective on April 2, 2008. This rule is intended to implement 2008 Iowa Acts, Senate File 2347. The following amendment is adopted. Rescind rule 721–22.32(52) and adopt the following new rule in lieu thereof: 721–22.32(52) Optical scan voting system purchase program. The secretary of state shall negotiate with the voting system vendors who serve Iowa counties for a uniform price for each vendor’s optical scan voting system components. Counties currently using all direct recording electronic (DRE) voting machines shall purchase one optical scan tabulator and one ballotmarking device for use in each general election voting precinct. Counties currently using an optical scan tabulator with a DRE voting machine as the accessible component in each precinct shall purchase one ballot-marking device for each precinct used in general elections to replace the DRE voting machine. Allocation agreements setting forth the amount of funding each county in need of optical scan voting equipment will be allocated shall be prepared by the secretary of state. The secretary of state, the vendor, and each county shall sign the allocation agreements. 22.32(1) Contractual agreements. Contracts for purchase shall be between the vendor and the county. 22.32(2) Distribution of equipment. The appropriate vendor shall deliver the equipment to each county with which the vendor has a contract for purchasing voting equipment. 22.32(3) Acceptance testing. Upon receipt of the voting equipment, the commissioner shall conduct acceptance testing pursuant to rule 721–22.31(52). 22.32(4) Documentation. The commissioner shall provide the following information to the secretary of state: a. A report showing that the county has subjected all equipment to acceptance testing and that the equipment is acceptable. b. A copy of the invoice showing the date the county received the equipment and the total cost of the equipment. c. Counties currently using the AccuVote TSX DRE shall provide an affidavit showing that the AccuVote TSX DRE was returned to the vendor. 22.32(5) Payment. Upon receipt of the required information, the secretary of state shall pay the vendor the amount agreed to in the county allocation agreement. This rule is intended to implement 2008 Iowa Acts, Senate File 2347. [Filed Emergency 4/2/08, effective 4/ 2/08.] [Published 4/23/08.] State of Idaho State Plan As required by Public Law 107–252, Help America Vote Act 2002, Section 253 (b). Ben Ysursa, Secretary of State, 700 West Jefferson, PO Box 83720, Boise, Idaho 83720–0080, (208) 334–2852. Idaho Votes. Every Vote Counts. 2004. Amended 2008. 63703 6. Idaho’s HAVA Budget The State’s proposed budget for activities under this part, based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, including specific information on— (A) The costs of the activities required to be carried out to meet the requirements of title III; (B) the portion of the requirements payment which will be used to carry out activities to meet such requirements; and (C) the portion of the requirements payment, which will be used to carry out other activities.—HAVA Section 254(a)(6) Section 101 money deposited into the Democracy Fund should be used in the following order of priority: 1. Statewide voter registration list 2. Voting System Replacement 3. Election Worker Training 4. State Plan Development and Compliance Monitoring Grants available from U.S. Health and Human Services for polling place accessibility will continue to be applied for by the Secretary of State to develop training materials and to assist counties in meeting their accessibility needs. Title II money received will be used to purchase equipment that meets the requirements of Title III, including the accessible voting device for the blind and visually impaired in each polling place, and will be deposited in the Democracy Fund to be made available to the various counties to upgrade or replace their voting systems. Funds will also be used to develop a statewide voter registration system and will also be deposited and maintained in the Democracy Fund to provide ongoing operation and support for the system. The chart below lists the activities and costs of HAVA activities to be implemented in Idaho using both Title I and Title II monies for each activity. The chart reflects the dollars to be used if HAVA is fully funded and the state received its full share of the funds. OVERALL HAVA COMPLIANCE BUDGET mstockstill on PROD1PC66 with NOTICES HAVA requirement Estimated cost Statewide voter registration system development ....................................................................... Statewide voter registration system operations and support ...................................................... Accessible voting device for each polling place .......................................................................... Voting system upgrade grant program for counties .................................................................... Voter education and outreach ..................................................................................................... Election worker training ............................................................................................................... State plan development and HAVA compliance monitoring ....................................................... VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 $5,000,000 1,800,000 6,300,000 6,300,000 200,000 200,000 200,000 E:\FR\FM\27OCN1.SGM 27OCN1 Title II funds Title I funds $4,500,000 1,000,000 6,300,000 3,000,000 100,000 100,000 ........................ $500,000 800,000 ........................ 3,300,000 100,000 100,000 200,000 63704 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 10. Effect of Title I Payments If the State received any payment under Title I, a description of how such payment will affect the activities proposed to be carried out under the plan, including the amount of funds available for such activities.—HAVA Section 254(a)(10) Section 101. Payments to States for activities to improve administration of elections. Idaho is eligible for approximately $5 million under Section 101. These funds will be used for activities to meet the following requirements: mstockstill on PROD1PC66 with NOTICES 1. Statewide voter registration system ....................................... 2. On-going support of voter registration system ........................ 3. Voter Education ...................... 4. Election Worker Training ....... 5. Plan development and administration .................................... 6. Voting System Upgrades ........ Total ...................................... $500,000 800,000 100,000 100,000 Saber Government Solutions) to develop a statewide voter registration system. The contract included all application programming and hardware specifications, which were purchased separately, along with the conversion of each county’s database to the statewide database and to provide access to each county elections office over a secure state intranet. As with any new computer application, the system requires ongoing maintenance and support in order to achieve optimum performance and the State is working with the various counties and Saber to achieve that. Accessible Voting Equipment The State purchased a voter assistance device for each polling place in the state. The devices allow those with 200,000 3,300,000 disabilities, including the blind and 5,000,000 sight impaired, to vote privately and independently on an optical scan ballot. Idaho is a ‘‘minimum state’’ for receiving HAVA funds. All of the funds Voting System Upgrades received under Title I will be required Idaho uses three method of voting in to be used in meeting the requirements federal elections: (1) Hand counted of Title III and to purchase replacement paper ballots, (2) punch cards and (3) voting systems that meet the optical scan ballots. In order to provide requirements of Title II. voting systems that meet the 12. Changes to State Plan From requirements of Section 301 of HAVA, Previous Fiscal Year the State has set up a grant program that In the case of a State with a State plan allows the counties to request funding in effect under this subtitle during the to upgrade their current system by previous fiscal year, a description of purchasing new equipment. The grant how the plan reflects changes from the program requires the counties to State Plan for the previous fiscal year provide a 20% match to the money and of how the State succeeded in provided by the State. carrying out the State Plan for such Voter Education and Poll Worker previous fiscal year.—HAVA Section Training 254(a)(12). The 2004 Plan has been updated with Idaho counties utilize both central this 2008 Amended Plan. Changes in the count and precinct count vote Plan consist of the following: tabulation. Since approximately one• Addition of $575,000 in Title II third of the counties use hand count funds to provide full funding of the paper ballots and others use central amount authorized by Congress under count systems, an extensive voter HAVA. education and poll worker education • Details the use of Title I and Title program has been set up and is ongoing II funds to meet the requirements of to make certain that voters are HAVA. • Changes the budget of the Title I instructed on the effect of casting funds multiple votes for an office, instructions on how to correct an error made in Summary of Successes to Date voting before the ballot is cast and the The State of Idaho has been working accessibility of polling places. diligently to address the requirements of Training materials, including video HAVA. Below are some of the successes to date and the State’s ongoing efforts to presentations, have been developed or updated and distributed for instructing meet the requirements and improve election workers on the proper setup federal elections. and operations of the voter assistance Statewide Voter Registration System device and to heighten the awareness and sensitivity of election workers to In order to meet the requirement of the special needs of the elderly and HAVA Section 303, the State entered persons with disabilities. into a contract with Covansys (now VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 13. State Plan Development and Committee A description of the committee which participated in the development of the State plan in accordance with section 255 and the procedures followed by the Committee under such section 255 and section 256.—HAVA Section 254(a)(13) The HAVA State Planning Committee consists of individuals representing a cross-section of election stakeholders. The Committee was selected by Secretary of State Ben Ysursa. Members of the State Planning Committee are as follows: Dr. James Weatherby, Professor Emeritas, Boise State University, 1910 University Drive, Boise, Idaho 83725– 1935; Kelly Buckland, Idaho State Independent Living Council, 350 N. 9th Street, Ste. 102, PO Box 83720, Boise, Idaho 83702; Dan English, Kootenai County Clerk, PO Box 9000, Coeur d’Alene, Idaho 83816–9000; Rose Gehring, Idaho County Clerk, 320 w. Main, Rm. 5, Grangeville, Idaho 83530; David Navarro, Ada County Clerk, 200 W. Front Street, Boise, Idaho 83702; Barbara Roberts, Democratic Party, 1701 N. 21st., Boise, Idaho 83702; Norm Semanko, Chairman, Idaho Republican State Party, P.O. Box 2267, Boise, Idaho 83701; The Honorable Shirley Ringo, State Representative, Legislative District 6, STATEHOUSE MAIL; The Honorable Ken Roberts, State Representative, Legislative District 8, STATEHOUSE MAIL; Tony P.O.inelli, Association of Counties, P.O. Box 1623, Boise, Idaho 83701; Dave Gipson, %Caxton Printers, 312 Main Street, Caldwell, Idaho 83605; Sharon Widner, Washington County Clerk, P.O. Box 670, Weiser, Idaho 83672; Eleanor Chehey, League of Women Voters, Boise, Idaho 83703; Brian Kane, Office of the Attorney General, Statehouse, Boise, Idaho 83720; Tim Hurst, Office of the Secretary of State, Statehouse, Boise, Idaho 83720; Jim Mairs, Office of the Secretary of State, Statehouse, Boise, Idaho 83701. Addendum to the Commonwealth of Pennsylvania State Plan as Required by Public Law 107–252 The Help America Vote Act July 21, 2008 In accordance with Section 255 of the Help America Vote Act (HAVA) of 2002, E:\FR\FM\27OCN1.SGM 27OCN1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices the Pennsylvania Department of State is pleased to file this addendum to Elements 6, 12 and 13 of the Commonwealth of Pennsylvania State Plan. Element 6 Element 6 sets forth the Commonwealth’s budget for activities under Part II of HAVA, based on an estimate of the costs of such activities and the amount of funds to be made available. The funding granted by the Omnibus Appropriations Act for Fiscal Year (FY) 2008 will provide an additional $4,919,086 in Title II funding to Pennsylvania, bringing the total allocation to Pennsylvania from this fund to $105,497,915. The additional funds allocated to Pennsylvania under the Omnibus Appropriations Act for FY 2008 will be reserved for use by the Commonwealth government. The Commonwealth plans to expend the HAVA funds provided by the Election Assistance Commission for FY 2008 to improve efficiency and implement technological upgrades to Pennsylvania’s Statewide Uniform Registry of Electors (SURE), the centralized voter registration database. The Commonwealth will spend an estimated $3,921,086 for SURE for the following: SURE system enhancements ($2,221.086), SURE P.O.rtal enhancements ($850,000), and SURE interface upgrades ($850,000). The Commonwealth plans to use the remaining $998,000.00 of its FY 2008 funds for administrative costs, including personnel and operating costs, to administer HAVA. In its budget for FY 2008, the Commonwealth has budgeted an estimated $7,700,000 for the ongoing implementation, enhancement, and operation of SURE. This amount exceeds the 5% matching funds ($258,899) required in order to be eligible to receive these additional funds. mstockstill on PROD1PC66 with NOTICES Elements 12 and 13 Under Elements 12 and 13 of the State Plan, the Commonwealth discusses the State Plan Advisory Board (Board) that was created by the Pennsylvania General Assembly under section 205 of the Pennsylvania Election Code to be the committee required by section 255 of HAVA to develop the State Plan. The Department relies on the supP.O.rt and consultation of the Board for continued success in reaching HAVA’s goals and objectives. The original Board members served for a term of five years, which expired in 2007. As of July 7, 2008, the new Board members are as follows: VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 • Gladys M. Brown, Public At Large Member • Elaine Welch, Blind & Visually Impaired Pennsylvanians • Vice-Chair Deena K. Dean, Director of Elections, Bucks County (county of the second class A) • Joyce McKinley, Director of Elections for Centre County (county of a fifth class county) • Denise W. Jones, Chief Clerk/Director of Elections, Venango County (county of the sixth class) • Sandra Lewis, Elections Director, P.O.tter County • Patricia P. Nace, Director of Elections, Snyder County (county of the seventh class) • Chair Robert Lee, Jr., Voter Registration Administrator, Philadelphia County (county of the first class) • Thomas M. Michin, Legislative Committee Chairman, Disabled American Veterans of PA • Robert A. Gleason Jr., Chairman, Republican State Committee of PA • Leonard C. Piazza, III, Director of Elections, Luzerne County (county of the third class) • Representative T.J. Rooney, Chair, Democratic State Committee of PA • Larry Spahr, Director of Elections, Washington County (county of the fourth class) • Josh Wilson, Public At Large Member • Mark Wolosik, Division Manager for Elections, Allegheny County (county of the second class) [FR Doc. E8–25455 Filed 10–24–08; 8:45 am] BILLING CODE 6820–KF–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Northern New Mexico Department of Energy. Notice of open meeting. AGENCY: ACTION: SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Northern New Mexico. The Federal Advisory Committee Act (Pub. L. No. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, November 19, 2008, 2 p.m.–8 p.m. ADDRESSES: Jemez Complex, Santa Fe Community College, 6401 Richards Avenue, Santa Fe, New Mexico. FOR FURTHER INFORMATION CONTACT: Menice Santistevan, Northern New PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 63705 Mexico Citizens’ Advisory Board (NNMCAB), 1660 Old Pecos Trail, Suite B, Santa Fe, NM 87505. Phone (505) 995–0393; Fax (505) 989–1752 or Email: msantistevan@doeal.gov. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda 2 p.m. Call to Order by Deputy Designated Federal Officer (DDFO), Jeff Casalina. Establishment of a Quorum, Lorelei Novak. Welcome and Introductions, J.D. Campbell. Approval of Agenda. Approval of September 24, 2008 Board Meeting Minutes. 2:15 p.m. Old Business. A. Written Reports. B. Open Discussion. 2:30 p.m. New Business. A. Open Discussion. 2:45 p.m. Consideration and Action on Recommendations to DOE. 3:45 p.m. Break. 4 p.m. Update from the New Mexico Environment Department, James Bearzi. Update from the Environmental Protection Agency (Region 6), Rich Mayer. 4:45 p.m. Discussion with Los Alamos Site Office Manager, Don Winchell. 5 p.m. Dinner Break. 6 p.m. Public Comment Period. 6:15 p.m. Presentation from DOE. A. Natural Resource Damages. B. Other Items. 7:15 p.m. Open Discussion from Board Members, J.D. Campbell. A. Press Releases, Editorials, etc. B. Future Presentation Topics. C. Other Items. 8 p.m. Adjourn, Jeff Casalina. This agenda is subject to change at least one day in advance of the meeting. Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact Menice Santistevan at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will E:\FR\FM\27OCN1.SGM 27OCN1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63699-63705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25455]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Publication of State Plan Pursuant to the Help America Vote Act

AGENCY: U.S. Election Assistance Commission (EAC).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to sections 254(a)(11)(A) and 255(b) of the Help 
America Vote Act (HAVA), Public Law 107-252, the U.S. Election 
Assistance Commission (EAC) hereby causes to be published in the 
Federal Register changes to the HAVA State plans previously submitted 
by Idaho, Iowa, and Pennsylvania.

DATES: This notice is effective upon publication in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone 202-566-3100 
or 1-866-747-1471 (toll-free).
    Submit Comments: Any comments regarding the plans published 
herewith should be made in writing to the chief election official of 
the individual State at the address listed below.

SUPPLEMENTARY INFORMATION: On March 24, 2004, the U.S. Election 
Assistance Commission published in the Federal Register the original 
HAVA State plans filed by the fifty States, the District of Columbia 
and the Territories of American Samoa, Guam, Puerto Rico, and the U.S. 
Virgin Islands. 69 FR 14002. HAVA anticipated that States, Territories 
and the District of Columbia would change or update their plans from 
time to time pursuant to HAVA section 254(a)(11) through (13). HAVA 
sections 254(a)(11)(A) and 255 require EAC to publish such updates. 
This is Idaho's first revision to its State plan; Iowa's second 
revision to its State plan; and Pennsylvania's third revision to its 
State plan.
    The revised State plans from Idaho, Iowa, and Pennsylvania address 
changes in the respective budgets of the previously submitted State 
plans and account for the use of Fiscal Year 2008 requirements 
payments. In accordance with HAVA section 254(a)(12), all the State 
plans submitted for publication provide information on how the 
respective State succeeded in carrying out its previous State plan. The 
States all confirm that these changes to their respective State plans 
were developed and submitted to public comment in accordance with HAVA 
sections 254(a)(11), 255, and 256.
    Upon the expiration of thirty days from October 27, 2008, the State 
is eligible to implement the changes addressed in the plan that is 
published herein, in accordance with HAVA section 254(a)(11)(C).
    EAC wishes to acknowledge the effort that went into revising these 
State plans and encourages further public comment, in writing, to the 
State election officials listed below.

Chief State Election Official

    The Honorable Ben Ysursa, Secretary of State, P.O. Box 83720, 
Boise, Idaho 83720-0080, Phone: (208) 334-2852, Fax: (208) 334-2282.
    The Honorable Michael A. Mauro, Secretary of State, 1007 East Grand 
Avenue, Room 105, State Capitol, Des Moines, IA 50319, Phone: (515) 
281-5204, Fax: (515) 242-5952.
    The Honorable Pedro A. Cort[eacute]s, Secretary of the 
Commonwealth, 302 North Office Building, Harrisburg, Pennsylvania 
17120, Phone: (717) 787-8727, Fax: (717) 787-1734.
    Thank you for your interest in improving the voting process in 
America.

    Dated: October 21, 2008.
Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.

Office of the Iowa Secretary of State

Michael A. Mauro, Secretary of State, Lucas Building, 1st Floor, Des 
Moines, IA 50319.

September 10, 2008.

Edgardo Cortes,
Acting Director, Election Administration Support Division, U.S. 
Election Assistance Commission, 1225 New York Ave., NW., Ste. 150, 
Washington, DC 20005.
RE: Iowa Revised State Plan.

    Dear Mr. Cortes:
    Enclosed is the Revised HAVA State Plan for Iowa. The Plan only 
addresses the sections of the original Plan that have been revised. 
All other sections remain the same.
    Please let Ann Clary know if additional information is required 
or if you have any questions. Ann may be contacted at 515-281-8361 
or ann.clary@sos.state.ia.us.
    Your assistance with this process is greatly appreciated.
     Sincerely,
Michael Mauro,
Secretary of State.
Enclosure.
Phone 515-281-5204; Fax 515-242-5953; http://www.sos.state.ia.us. 
sos@sos.state.ia.us.

Section 12: Changes to State Plan From Previous Fiscal Year

    Plan Element 12. In the case of a State with a State plan in 
effect under this subtitle during the previous fiscal year, a 
description of how the plan reflects changes from the State plan for 
the previous fiscal year and of how the State succeeded in carrying 
out the State plan for such previous fiscal year.

    The initial Iowa State Plan was adopted in 2003 and amended in 
2005. This amendment reflects changes in the plan in anticipation of 
the receipt of additional requirements payments in 2008.

Section 1: State Plan Required Elements

301. Voting Systems Standards

    In 2005 and 2006 Iowa completed the purchase and deployment of 
HAVA-compliant voting systems in 96 of 99 counties. Three counties, in 
anticipation

[[Page 63700]]

of additional improvements to voting equipment chose to lease HAVA-
compliant equipment. The equipment purchased and leased falls into the 
following categories:

------------------------------------------------------------------------
                                                              Number of
                   Type of voting system                       counties
------------------------------------------------------------------------
All-DRE....................................................           19
Blended systems: Optical scan with DRE for accessibility...           59
Optical scan with ballot marking device for accessibility..           21
------------------------------------------------------------------------

Replace DRE Voting Systems With Optical Scan Voting Systems
    In 2008 the State of Iowa changed its voting equipment laws to 
prohibit use of DRE voting equipment and mandated that the counties 
replace all DREs with optical scan voting systems and accessible ballot 
marking devices. This change must be implemented for the November 4, 
2008, General Election. See Appendix A: Senate File 2347.
    The 2008 requirements payment will be used to purchase optical scan 
voting systems with ballot marking devices for three counties that have 
not yet purchased voting equipment using HAVA funds. Remaining HAVA 
funds will be used to replace DRE voting equipment in 78 Iowa counties. 
The DRE voting equipment will be replaced with optical scan systems (in 
all-DRE counties) and ballot-marking devices to provide nonvisual 
accessibility for blind and visually impaired voters in a manner that 
provides the same opportunity for access and participation (including 
privacy and independence) as for other voters, as required by HAVA 
section 301(a)(3). One optical scan device and one ballot-marking 
device will be provided for each general election precinct in the all-
DRE counties. Optical scan devices will also be purchased for 
tabulation of absentee ballots.
Meeting Accessibility Requirements
    All DRE voting equipment that was purchased to satisfy the HAVA 
accessibility requirements will be replaced with ballot marking devices 
to provide nonvisual accessibility for blind and visually impaired 
voters in a manner that provides the same opportunity for access and 
participation (including privacy and independence) as for other voters, 
as required by HAVA section 301(a)(3). Ballot-marking devices will be 
purchased for in-person absentee voters in the 78 counties changing 
from DREs. In addition, ballot-marking devices will be purchased for 
five counties currently using optical scan systems that had not 
previously purchased ballot-marking devices for use by in-person 
absentee voters.
Voting Equipment Technical Support Services
    This section of the Plan is rescinded. The Secretary of State did 
not implement this program in the original plan. This program is 
described in the original plan as follows: To assist with the 
conversion process to DRE based systems in the lever counties and in 
each precinct to meet accessibility requirements, it is recommended 
that a technical support staff with extensive training on the prevalent 
voting equipment be established. The technical support services shall 
initially be funded entirely with HAVA funds. After the establishment 
of the program the funding will be re-evaluated and funding this 
position through a county and state partnership will be considered.

302. Provisional Voting and Voting Information Requirements

    Iowa has met the requirements of section 302.

303. Computerized Statewide Voter Registration List Requirements and 
Requirements for Voters Who Register by Mail

    Iowa has met the requirements of section 303 and continues to use 
HAVA funds for maintenance of the system. No change from previous plan.

304. Minimum Requirements

    No change to this section.

305. Methods of Implementation Left to Discretion of State

    No change to this section.

312. Adoption of Voluntary Guidance by Commission

    No change to this section.

251(b)(2) Other Activities

    No change to this section.

Section 2: Distribution of Requirements Payments

    The State will purchase the voting equipment necessary to replace 
all DREs in the state and will transfer ownership of the equipment to 
the counties. The HAVA 2008 Requirements Payment will be used to 
reimburse the Rebuild Iowa Infrastructure Fund for part of the cost of 
the voting equipment.

                              Program Costs
------------------------------------------------------------------------
            Description                   Costs            Resources
------------------------------------------------------------------------
1 Voting equipment, Premier.......      $8,577,155.00  .................
2 Voting equipment, ES&S..........      $1,181,940.00  .................
                                   -------------------------------------
    3 Total initial cost..........      $9,759,095.00  .................
Less vendor discounts & credits:
    4 Premier: Quantity...........        $250,000.00  .................
    5 Premier: Trade-in...........        $455,100.00  .................
    6 Premier: lease credit.......        $428,000.00  .................
    7 ES&S: Trade-in..............         $32,230.00  .................
                                   -------------------------------------
        8 Total discounts &             $1,165,330.00  .................
         credits..................
        9 Final cost of equipment.      $8,593,765.00  .................
        State match for 2008 Req.          $61,000.00  .................
         Pmt......................
        Total Project Amount......      $8,654,765.00  .................
10 Current remaining HAVA budget    .................      $1,618,386.00
 for 3 counties...................
11 Remaining HAVA equipment budget  .................        $135,499.00
                                   -------------------------------------
    12 Total existing HAVA          .................      $1,753,885.00
     equipment....................
------------------------------------------------------------------------
13 State appropriation 2007.......  .................      $2,000,000.00
14 State appropriation 2008.......  .................      $4,900,880.00
                                   -------------------------------------

[[Page 63701]]

 
    15 Total state appropriation..  .................      $6,900,880.00
------------------------------------------------------------------------
16 Current available funding......  .................      $8,654,765.00
2008 Requirements payment.........  .................      $1,167,798.00
------------------------------------------------------------------------

    The Iowa General Assembly has appropriated a total of $6,900,880 to 
fund the purchase of optical scan voting systems and ballot marking 
devices with the condition that any federal funds that are received 
will be used to reimburse the fund from which those funds were 
appropriated.
    Sixty-six percent of the project cost will be funded with state 
appropriations. Existing HAVA funds represent 20.25%; the 2008 
requirements payment represents 13.49%.
    The Secretary of State has adopted Administrative Rules defining 
the method of distributing and monitoring the funds for this program. 
See Appendix B.
Maintenance of Effort
    Iowa has maintained the expenditures of the State for activities 
funded by the HAVA payments at a level that is not less than the level 
of such expenditures maintained by the State for the fiscal year July 
1, 1999 through June 30, 2000.
Title I Funds
    Iowa has no remaining funds received under HAVA Title I.
HAVA Plan Committee
    Secretary of State Michael Mauro has appointed a new HAVA Plan 
Committee. The members are:
    Jamie Fitzgerald, Polk County Auditor.
    Joel Miller, Linn County Auditor.
    Ken Kline, Cerro Gordo County Auditor and President of the Iowa 
State Association of County Auditors.
    Rik Shannon, Governor's Developmental Disability Council, 
Department of Human Services, Des Moines.
    Linda Langenberg, Deputy Secretary of State.

Appendix A

Senate File 2347
SENATE FILE --------
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 3262)
Passed Senate, Date --------
Vote: Ayes -------- Nays --------
Passed House, Date --------
Vote: Ayes -------- Nays --------
Approved ----------------

A BILL FOR

1 An Act relating to the use of optical scan voting systems in
2 every county, making an appropriation for the cost of
3 purchasing and distributing optical scan voting systems,
4 reducing certain appropriations, providing for continuing
5 education for certain election personnel, and providing an
6 effective date.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 SF 2347
9 sc:rj/cc/26

------------------------------------------------------------------------
                PAG                                  LIN
------------------------------------------------------------------------
1.................................  1 Section 1. NEW SECTION. 47.10
                                     OPTICAL SCAN VOTING SYSTEM
1.................................  2 FUND.
1.................................  3 An optical scan voting system fund
                                     is established in the
1.................................  4 office of the treasurer of state
                                     under the control of the
1.................................  5 secretary of state. Moneys in the
                                     fund are appropriated to
1.................................  6 the office of the secretary of
                                     state for purchase and
1.................................  7 distribution of optical scan
                                     voting system equipment to
1.................................  8 counties to assist county
                                     compliance with section 52.2,
1.................................  9 subsection 2. The secretary of
                                     state, in consultation with
1.................................  10 the department of administrative
                                     services, shall establish a
1.................................  11 procedure for purchasing and
                                     distributing the equipment.
1.................................  12 Sec. 2. Section 49.124, Code
                                     2007, is amended to read as
1.................................  13 follows:
1.................................  14 49.124 TRAINING COURSE BY
                                     COMMISSIONER--CONTINUING
1.................................  15 EDUCATION PROGRAM.
1.................................  16 1. The commissioner shall
                                     conduct, not later than the day
1.................................  17 before each primary and general
                                     election, a training course
1.................................  18 for all election personnel, and
                                     the commissioner may do so
1.................................  19 before any other election the
                                     commissioner administers. The
1.................................  20 personnel shall include all
                                     precinct election officials and
1.................................  21 any other persons who will be
                                     employed in or around the
1.................................  22 polling places on election day.
                                     At least two precinct
1.................................  23 election officials who will serve
                                     on each precinct election
1.................................  24 board at the forthcoming election
                                     shall attend the training
1.................................  25 course. If the entire board does
                                     not attend, those members
1.................................  26 who do attend shall so far as
                                     possible be persons who have not
1.................................  27 previously attended a similar
                                     training course.
1.................................  28 2. A continuing education program
                                     shall be provided to
1.................................  29 election personnel who are full-
                                     time or part-time permanent
1.................................  30 employees of the commissioner's
                                     office. The state
1.................................  31 commissioner of elections shall
                                     adopt rules pursuant to
1.................................  32 chapter 17A to implement and
                                     administer the continuing
1.................................  33 education program.

[[Page 63702]]

 
1.................................  34 Sec. 3. Section 52.2, subsection
                                     2, Code Supplement 2007,
1.................................  35 is amended by striking the
                                     subsection and inserting in lieu
2.................................  1 thereof the following:
2.................................  2 2. Notwithstanding any provision
                                     to the contrary, for
2.................................  3 elections held on or after
                                     November 4, 2008, a county shall
2.................................  4 use an optical scan voting system
                                     only. The requirements of
2.................................  5 the federal Help America Vote Act
                                     relating to disabled voters
2.................................  6 shall be met by a county through
                                     the use of electronic ballot
2.................................  7 marking devices that are
                                     compatible with an optical scan
2.................................  8 voting system.
2.................................  9 Sec. 4. Section 52.7, subsection
                                     1, paragraph l, Code
2.................................  10 Supplement 2007, is amended by
                                     striking the paragraph.
2.................................  11 Sec. 5. OPTICAL SCAN VOTING
                                     SYSTEM FUND--APPROPRIATION.
2.................................  12 There is appropriated from the
                                     rebuild Iowa infrastructure
2.................................  13 fund to the office of the
                                     secretary of state for the fiscal
2.................................  14 year beginning July 1, 2007, and
                                     ending June 30, 2008, the
2.................................  15 following amount, or so much
                                     thereof as is necessary, to be
2.................................  16 used for the purpose designated:
2.................................  17 For deposit into the optical scan
                                     voting system fund, as
2.................................  18 established in section 47.10,
                                     notwithstanding section 8.57,
2.................................  19 subsection 6, paragraph ``c'':
2.................................  20
                                     ...................................
                                     ............... $4,900,880
2.................................  21 1. If any federal funding is
                                     received for the same or
2.................................  22 similar purposes authorized in
                                     section 47.10, as enacted by
2.................................  23 this Act, of the amount
                                     appropriated in this section,
                                     $61,000
2.................................  24 is allocated for matching such
                                     federal funding, and an amount
2.................................  25 equal to the federal funding
                                     received shall revert from the
2.................................  26 amount appropriated to the
                                     rebuild Iowa infrastructure fund at
2.................................  27 the end of the fiscal year.
2.................................  28 2. Notwithstanding section 47.9,
                                     as of the effective date
2.................................  29 of this Act, all remaining moneys
                                     in the voting machine
2.................................  30 reimbursement fund established in
                                     section 47.9 shall be
2.................................  31 transferred to the optical scan
                                     voting system fund established
2.................................  32 in section 47.10. Notwithstanding
                                     section 8.33, except as
2.................................  33 otherwise provided in subsection
                                     1, the moneys appropriated
2.................................  34 and transferred in accordance
                                     with this section shall not
2.................................  35 revert to the fund from which
                                     appropriated or transferred.
3.................................  1 3. On or before December 31, 2008,
                                     the secretary of state
3.................................  2 shall submit a report to the
                                     chairpersons and ranking members
3.................................  3 of the joint appropriations
                                     subcommittee on administration and
3.................................  4 regulation regarding the
                                     expenditures of moneys from the
3.................................  5 optical scan voting system fund
                                     and distribution of equipment
3.................................  6 to counties appropriated in this
                                     section.
3.................................  7 Sec. 6. [not applicable and
                                     omitted intentionally]
4.................................  1 Sec. 7. [not applicable and
                                     omitted intentionally]
4.................................  10 Sec. 8. Section 47.9, Code
                                     Supplement 2007, is repealed.
4.................................  11 Sec. 9. EMERGENCY RULES. The
                                     secretary of state may adopt
4.................................  12 emergency rules under section
                                     17A.1, subsection 2, and section
4.................................  13 17A.5, subsection 2, paragraph
                                     ``b'', to implement the
4.................................  14 provisions of this Act relating
                                     to optical scan voting
4.................................  15 systems, and the rules shall be
                                     effective immediately upon
4.................................  16 filing unless a later date is
                                     specified in the rules. Any
4.................................  17 rules adopted in accordance with
                                     this section shall also be
4.................................  18 published as a notice of intended
                                     action as provided in
4.................................  19 section 17A.4.
4.................................  20 Sec. 10. EFFECTIVE DATE. This
                                     Act, being deemed of
4.................................  21 immediate importance, takes
                                     effect upon enactment.
4.................................  22 SF 2347
4.................................  23 sc:rj/cc/26
------------------------------------------------------------------------

Appendix B

    Administrative Rules defining the method of distributing and 
monitoring the funds for this program.
ARC 6727B.

SECRETARY OF STATE [721]

Adopted and Filed Emergency

    Pursuant to the authority of Iowa Code chapter 17A and 2008 Iowa 
Acts, Senate File 2347, section 9, the Secretary of State hereby amends 
Chapter 22, ``Voting Systems,'' Iowa Administrative Code.
    The amendment to Chapter 22 rescinds and replaces rule 721-
22.32(52), which was first adopted in 2007 to implement the addition of 
voter-verifiable paper audit trails to direct recording electronic 
(DRE) voting equipment currently in use in Iowa. In 2008, the General 
Assembly outlawed the use of DRE voting equipment and mandated its 
replacement with optical scan voting equipment and ballot-marking 
devices. New rule 721-22.32(52) provides a process for the purchase of 
the new voting equipment.
    The Agency finds, in compliance with Iowa Code section 17A.4(2), 
that notice

[[Page 63703]]

and public participation are impracticable because 2008 Iowa Acts, 
Senate File 2347, which became effective on April 1, 2008, authorizes 
the Secretary of State to adopt emergency rules to implement the 
provisions of Senate File 2347 relating to optical scan voting systems.
    The Agency also finds, pursuant to Iowa Code section 
17A.5(2)``b''(1), that the normal effective date of this rule should be 
waived and this rule should be made effective upon filing with the 
Administrative Rules Coordinator on April 2, 2008, as authorized by 
2008 Iowa Acts, Senate File 2347, section 9.
    This rule is also published herein under Notice of Intended Action 
as ARC 6728B, as required by 2008 Iowa Acts, Senate File 2347, section 
9, in order to allow for public comment.
    The Secretary of State adopted this rule on April 2, 2008.
    This rule became effective on April 2, 2008.
    This rule is intended to implement 2008 Iowa Acts, Senate File 
2347.
    The following amendment is adopted.
    Rescind rule 721-22.32(52) and adopt the following new rule in lieu 
thereof:
    721-22.32(52) Optical scan voting system purchase program. The 
secretary of state shall negotiate with the voting system vendors who 
serve Iowa counties for a uniform price for each vendor's optical scan 
voting system components. Counties currently using all direct recording 
electronic (DRE) voting machines shall purchase one optical scan 
tabulator and one ballot-marking device for use in each general 
election voting precinct. Counties currently using an optical scan 
tabulator with a DRE voting machine as the accessible component in each 
precinct shall purchase one ballot-marking device for each precinct 
used in general elections to replace the DRE voting machine. Allocation 
agreements setting forth the amount of funding each county in need of 
optical scan voting equipment will be allocated shall be prepared by 
the secretary of state. The secretary of state, the vendor, and each 
county shall sign the allocation agreements.
    22.32(1) Contractual agreements. Contracts for purchase shall be 
between the vendor and the county.
    22.32(2) Distribution of equipment. The appropriate vendor shall 
deliver the equipment to each county with which the vendor has a 
contract for purchasing voting equipment.
    22.32(3) Acceptance testing. Upon receipt of the voting equipment, 
the commissioner shall conduct acceptance testing pursuant to rule 721-
22.31(52).
    22.32(4) Documentation. The commissioner shall provide the 
following information to the secretary of state:
    a. A report showing that the county has subjected all equipment to 
acceptance testing and that the equipment is acceptable.
    b. A copy of the invoice showing the date the county received the 
equipment and the total cost of the equipment.
    c. Counties currently using the AccuVote TSX DRE shall provide an 
affidavit showing that the AccuVote TSX DRE was returned to the vendor.
    22.32(5) Payment. Upon receipt of the required information, the 
secretary of state shall pay the vendor the amount agreed to in the 
county allocation agreement.
    This rule is intended to implement 2008 Iowa Acts, Senate File 
2347.
    [Filed Emergency 4/2/08, effective 4/2/08.]
    [Published 4/23/08.]

State of Idaho

State Plan

    As required by Public Law 107-252, Help America Vote Act 2002, 
Section 253 (b).
Ben Ysursa, Secretary of State, 700 West Jefferson, PO Box 83720, 
Boise, Idaho 83720-0080, (208) 334-2852.
    Idaho Votes.
    Every Vote Counts.
    2004.
    Amended 2008.

6. Idaho's HAVA Budget

    The State's proposed budget for activities under this part, based 
on the State's best estimates of the costs of such activities and the 
amount of funds to be made available, including specific information 
on--
    (A) The costs of the activities required to be carried out to meet 
the requirements of title III;
    (B) the portion of the requirements payment which will be used to 
carry out activities to meet such requirements; and
    (C) the portion of the requirements payment, which will be used to 
carry out other activities.--HAVA Section 254(a)(6)
    Section 101 money deposited into the Democracy Fund should be used 
in the following order of priority:
    1. Statewide voter registration list
    2. Voting System Replacement
    3. Election Worker Training
    4. State Plan Development and Compliance Monitoring
    Grants available from U.S. Health and Human Services for polling 
place accessibility will continue to be applied for by the Secretary of 
State to develop training materials and to assist counties in meeting 
their accessibility needs.
    Title II money received will be used to purchase equipment that 
meets the requirements of Title III, including the accessible voting 
device for the blind and visually impaired in each polling place, and 
will be deposited in the Democracy Fund to be made available to the 
various counties to upgrade or replace their voting systems. Funds will 
also be used to develop a statewide voter registration system and will 
also be deposited and maintained in the Democracy Fund to provide 
ongoing operation and support for the system.
    The chart below lists the activities and costs of HAVA activities 
to be implemented in Idaho using both Title I and Title II monies for 
each activity. The chart reflects the dollars to be used if HAVA is 
fully funded and the state received its full share of the funds.

                                         Overall HAVA Compliance Budget
----------------------------------------------------------------------------------------------------------------
                        HAVA requirement                          Estimated cost  Title II funds   Title I funds
----------------------------------------------------------------------------------------------------------------
Statewide voter registration system development.................      $5,000,000      $4,500,000        $500,000
Statewide voter registration system operations and support......       1,800,000       1,000,000         800,000
Accessible voting device for each polling place.................       6,300,000       6,300,000  ..............
Voting system upgrade grant program for counties................       6,300,000       3,000,000       3,300,000
Voter education and outreach....................................         200,000         100,000         100,000
Election worker training........................................         200,000         100,000         100,000
State plan development and HAVA compliance monitoring...........         200,000  ..............         200,000
----------------------------------------------------------------------------------------------------------------


[[Page 63704]]

10. Effect of Title I Payments

    If the State received any payment under Title I, a description of 
how such payment will affect the activities proposed to be carried out 
under the plan, including the amount of funds available for such 
activities.--HAVA Section 254(a)(10)
    Section 101. Payments to States for activities to improve 
administration of elections.
    Idaho is eligible for approximately $5 million under Section 101. 
These funds will be used for activities to meet the following 
requirements:

1. Statewide voter registration system.......................   $500,000
2. On-going support of voter registration system.............    800,000
3. Voter Education...........................................    100,000
4. Election Worker Training..................................    100,000
5. Plan development and administration.......................    200,000
6. Voting System Upgrades....................................  3,300,000
    Total....................................................  5,000,000
 

    Idaho is a ``minimum state'' for receiving HAVA funds. All of the 
funds received under Title I will be required to be used in meeting the 
requirements of Title III and to purchase replacement voting systems 
that meet the requirements of Title II.

12. Changes to State Plan From Previous Fiscal Year

    In the case of a State with a State plan in effect under this 
subtitle during the previous fiscal year, a description of how the plan 
reflects changes from the State Plan for the previous fiscal year and 
of how the State succeeded in carrying out the State Plan for such 
previous fiscal year.--HAVA Section 254(a)(12).
    The 2004 Plan has been updated with this 2008 Amended Plan. Changes 
in the Plan consist of the following:
     Addition of $575,000 in Title II funds to provide full 
funding of the amount authorized by Congress under HAVA.
     Details the use of Title I and Title II funds to meet the 
requirements of HAVA.
     Changes the budget of the Title I funds

Summary of Successes to Date

    The State of Idaho has been working diligently to address the 
requirements of HAVA. Below are some of the successes to date and the 
State's ongoing efforts to meet the requirements and improve federal 
elections.

Statewide Voter Registration System

    In order to meet the requirement of HAVA Section 303, the State 
entered into a contract with Covansys (now Saber Government Solutions) 
to develop a statewide voter registration system. The contract included 
all application programming and hardware specifications, which were 
purchased separately, along with the conversion of each county's 
database to the statewide database and to provide access to each county 
elections office over a secure state intranet.
    As with any new computer application, the system requires ongoing 
maintenance and support in order to achieve optimum performance and the 
State is working with the various counties and Saber to achieve that.

Accessible Voting Equipment

    The State purchased a voter assistance device for each polling 
place in the state. The devices allow those with disabilities, 
including the blind and sight impaired, to vote privately and 
independently on an optical scan ballot.

Voting System Upgrades

    Idaho uses three method of voting in federal elections: (1) Hand 
counted paper ballots, (2) punch cards and (3) optical scan ballots. In 
order to provide voting systems that meet the requirements of Section 
301 of HAVA, the State has set up a grant program that allows the 
counties to request funding to upgrade their current system by 
purchasing new equipment. The grant program requires the counties to 
provide a 20% match to the money provided by the State.

Voter Education and Poll Worker Training

    Idaho counties utilize both central count and precinct count vote 
tabulation. Since approximately one-third of the counties use hand 
count paper ballots and others use central count systems, an extensive 
voter education and poll worker education program has been set up and 
is ongoing to make certain that voters are instructed on the effect of 
casting multiple votes for an office, instructions on how to correct an 
error made in voting before the ballot is cast and the accessibility of 
polling places.
    Training materials, including video presentations, have been 
developed or updated and distributed for instructing election workers 
on the proper setup and operations of the voter assistance device and 
to heighten the awareness and sensitivity of election workers to the 
special needs of the elderly and persons with disabilities.

13. State Plan Development and Committee

    A description of the committee which participated in the 
development of the State plan in accordance with section 255 and the 
procedures followed by the Committee under such section 255 and section 
256.--HAVA Section 254(a)(13)
    The HAVA State Planning Committee consists of individuals 
representing a cross-section of election stakeholders. The Committee 
was selected by Secretary of State Ben Ysursa.
    Members of the State Planning Committee are as follows:

Dr. James Weatherby, Professor Emeritas, Boise State University, 1910 
University Drive, Boise, Idaho 83725-1935;
Kelly Buckland, Idaho State Independent Living Council, 350 N. 9th 
Street, Ste. 102, PO Box 83720, Boise, Idaho 83702;
Dan English, Kootenai County Clerk, PO Box 9000, Coeur d'Alene, Idaho 
83816-9000;
Rose Gehring, Idaho County Clerk, 320 w. Main, Rm. 5, Grangeville, 
Idaho 83530;
David Navarro, Ada County Clerk, 200 W. Front Street, Boise, Idaho 
83702;
Barbara Roberts, Democratic Party, 1701 N. 21st., Boise, Idaho 83702;
Norm Semanko, Chairman, Idaho Republican State Party, P.O. Box 2267, 
Boise, Idaho 83701;
The Honorable Shirley Ringo, State Representative, Legislative District 
6, STATEHOUSE MAIL;
The Honorable Ken Roberts, State Representative, Legislative District 
8, STATEHOUSE MAIL;
Tony P.O.inelli, Association of Counties, P.O. Box 1623, Boise, Idaho 
83701;
Dave Gipson, %Caxton Printers, 312 Main Street, Caldwell, Idaho 83605;
Sharon Widner, Washington County Clerk, P.O. Box 670, Weiser, Idaho 
83672;
Eleanor Chehey, League of Women Voters, Boise, Idaho 83703;
Brian Kane, Office of the Attorney General, Statehouse, Boise, Idaho 
83720;
Tim Hurst, Office of the Secretary of State, Statehouse, Boise, Idaho 
83720;
Jim Mairs, Office of the Secretary of State, Statehouse, Boise, Idaho 
83701.

Addendum to the Commonwealth of Pennsylvania State Plan as Required by 
Public Law 107-252

The Help America Vote Act

July 21, 2008

    In accordance with Section 255 of the Help America Vote Act (HAVA) 
of 2002,

[[Page 63705]]

the Pennsylvania Department of State is pleased to file this addendum 
to Elements 6, 12 and 13 of the Commonwealth of Pennsylvania State 
Plan.

Element 6

    Element 6 sets forth the Commonwealth's budget for activities under 
Part II of HAVA, based on an estimate of the costs of such activities 
and the amount of funds to be made available. The funding granted by 
the Omnibus Appropriations Act for Fiscal Year (FY) 2008 will provide 
an additional $4,919,086 in Title II funding to Pennsylvania, bringing 
the total allocation to Pennsylvania from this fund to $105,497,915.
    The additional funds allocated to Pennsylvania under the Omnibus 
Appropriations Act for FY 2008 will be reserved for use by the 
Commonwealth government. The Commonwealth plans to expend the HAVA 
funds provided by the Election Assistance Commission for FY 2008 to 
improve efficiency and implement technological upgrades to 
Pennsylvania's Statewide Uniform Registry of Electors (SURE), the 
centralized voter registration database. The Commonwealth will spend an 
estimated $3,921,086 for SURE for the following: SURE system 
enhancements ($2,221.086), SURE P.O.rtal enhancements ($850,000), and 
SURE interface upgrades ($850,000). The Commonwealth plans to use the 
remaining $998,000.00 of its FY 2008 funds for administrative costs, 
including personnel and operating costs, to administer HAVA.
    In its budget for FY 2008, the Commonwealth has budgeted an 
estimated $7,700,000 for the ongoing implementation, enhancement, and 
operation of SURE. This amount exceeds the 5% matching funds ($258,899) 
required in order to be eligible to receive these additional funds.

Elements 12 and 13

    Under Elements 12 and 13 of the State Plan, the Commonwealth 
discusses the State Plan Advisory Board (Board) that was created by the 
Pennsylvania General Assembly under section 205 of the Pennsylvania 
Election Code to be the committee required by section 255 of HAVA to 
develop the State Plan. The Department relies on the supP.O.rt and 
consultation of the Board for continued success in reaching HAVA's 
goals and objectives. The original Board members served for a term of 
five years, which expired in 2007. As of July 7, 2008, the new Board 
members are as follows:

 Gladys M. Brown, Public At Large Member
 Elaine Welch, Blind & Visually Impaired Pennsylvanians
 Vice-Chair Deena K. Dean, Director of Elections, Bucks County 
(county of the second class A)
 Joyce McKinley, Director of Elections for Centre County 
(county of a fifth class county)
 Denise W. Jones, Chief Clerk/Director of Elections, Venango 
County (county of the sixth class)
 Sandra Lewis, Elections Director, P.O.tter County
 Patricia P. Nace, Director of Elections, Snyder County (county 
of the seventh class)
 Chair Robert Lee, Jr., Voter Registration Administrator, 
Philadelphia County (county of the first class)
 Thomas M. Michin, Legislative Committee Chairman, Disabled 
American Veterans of PA
 Robert A. Gleason Jr., Chairman, Republican State Committee of 
PA
 Leonard C. Piazza, III, Director of Elections, Luzerne County 
(county of the third class)
 Representative T.J. Rooney, Chair, Democratic State Committee 
of PA
 Larry Spahr, Director of Elections, Washington County (county 
of the fourth class)
 Josh Wilson, Public At Large Member
 Mark Wolosik, Division Manager for Elections, Allegheny County 
(county of the second class)

 [FR Doc. E8-25455 Filed 10-24-08; 8:45 am]
BILLING CODE 6820-KF-P