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Election tuneup is called priority
January 27, 2007

After a year in which voters across the state expressed a lack of confidence in election returns, several lawmakers are pushing measures including a backup system for electronic voting machines, last-minute registration and required proof of citizenship.

Written by Aman Batheja, Fort Worth Star-Telegram

After a year in which voters across the state expressed a lack of confidence in election returns, several lawmakers are pushing measures including a backup system for electronic voting machines, last-minute registration and required proof of citizenship.

Creating a voter-verifiable paper trail for electronic voting machines in particular is generating strong bipartisan support after snafus in counting the vote in Tarrant and other counties during last year's primaries.

"I am very concerned about the integrity of the vote," said Rep. Lois Kolkhorst, R-Brenham, one of four representatives to file bills concerning electronic voting machines.

The three other bills were filed by Reps. Aaron Peña, D-Edinburg, and San Antonio Democrats Jose Menendez and David Leibowitz. Similar measures failed in 2005, but Peña and Kolkhorst said the chances of passing a bill are better this session.

A paper-trail system would consist of a printer in a sealed case attached to every voting machine that would let voters check their votes against the receipt. The paper trail could then be consulted in the event of a recount.

Calls for better accountability for electronic voting machines have grown louder over the past year as counties across the state tried new equipment, with many Texans expressing concern over whether their votes were properly counted.

In March, Tarrant County election officials initially reported 100,000 extra votes cast. The report resulted from human error and was quickly corrected, but it became part of a litany of incidents nationwide that critics say proved that electronic voting machines can too easily distort the outcome of an election.

Hart InterCivic, the Austin company that manufactures the machines used in Tarrant County, offers an attachment that would provide a voter-verified paper trail, but its use has not been approved in Texas.

Texas Secretary of State Roger Williams, whose office must approve all election equipment, has repeatedly said he does not believe that any of the paper-trail systems on the market are safe enough for Texas, although other states have adopted them.

"I'm not against a paper trail," Williams said, speaking at a Republican Forum lunch in downtown Fort Worth this month. Williams cited concerns that, although a paper-trail system doesn't record the name of a voter, an election worker could still use the paper backup to figure out how someone voted.

He also expressed reservations about the state spending money on the systems when the federal government might pass a law requiring them and be willing to foot the bill.

Both the Texas Republican and Democratic parties have made adding a voter-verifiable paper-trail system to electronic voting machines part of their official platforms.

At a meeting of the Tarrant County Republican Party in December, state GOP Chairwoman Tina Benkiser received enthusiastic applause from local Republican activists when she said that requiring paper trails would be a priority for the party in the upcoming legislative session.

Peña said that an earlier lack of support from Republicans helped doom past attempts to get a paper-trail requirement passed.

Kolkhorst said some lawmakers were initially cautious about requiring the state to buy equipment that wasn't required by federal law. But many now appear to support it, she said.

"I don't think this is a partisan issue at all," Kolkhorst said.

Even with both major parties apparently on board, opposition could still come from the makers of electronic voting machines, Peña said.

Jeff Allen, spokesman for Hart InterCivic, said the company does not oppose the measures, but he stressed that the company's machines are secure and accurate even without a paper trail.

Peña said that enough uncertainty has emerged to warrant adding safeguards.

"I want people to feel confident that their vote is being counted," Peña said.

IN THE KNOW

Paper-trail system

A voter-verifiable paper trail would allow voters using electronic voting machines to confirm that their votes are recorded properly.

The system would consist of a continuous tape in a sealed case attached to every voting machine. Voters could double-check their votes on the machine against the receipt. When the vote is cast, the tape advances to a clean sheet so the next voter can't see the previous ballot.

The paper trail would be consulted in the event of a recount.

The Texas secretary of state must approve all election equipment and has not approved a paper-trail system.

Advocates say a voter-verifiable paper trail is crucial to ensuring the security and integrity of elections.

In October the Tarrant County Democratic Party and four local voters filed a federal lawsuit against the Texas secretary of state, declaring that the electronic voting machines used in Tarrant County are unconstitutional and in violation of federal law without a paper trail.

In December, both sides agreed to put the suit on hold until June to see whether the Legislature passes one of the bills requiring a paper trail.

SOURCES: Star-Telegram archives, Star-Telegram research

Other election bills

Bill: Same-day registration

Authors: Reps. Rafael Anchia, D-Dallas; and Roberto Alonzo, D-Dallas

Description: Would allow eligible Texans to register to vote on election day and then vote immediately.

The debate: Similar measures have boosted voter participation in other states, but critics say it encourages voter fraud and is too expensive to implement.

Bill: Straight-party voting

Author: Sen. Jeff Wentworth, R-San Antonio

Description: Would eliminate the straight-party voting option from elections in Texas, requiring voters always to vote for a candidate in each race.

The debate: Wentworth said it would lead to "more intelligent and discriminating voting," but the state Democratic and Republican parties will strongly oppose the bill, according to representatives of both organizations.

Bill: Election workers

Author: Rep. Scott Hochberg, D-Houston

Description: Would require election workers to provide a written explanation to a person being barred from voting and would make that explanation part of the public record.

The debate: Hochberg said it would allow the state to pinpoint and address problems that prevent eligible voters from voting. It is unclear who opponents might be.

Bill: Election-day holiday

Author: Rep. Rafael Anchia, D-Dallas

Description: Would create a state holiday on any day a primary or general election is held.

The debate: In other states, proponents have argued that it would increase voter turnout, but skeptics wonder whether it would have an effect.

Bill: Voter ID

Authors: Reps. Phil King, R-Weatherford; Debbie Riddle, R-Tomball; and Betty Brown, R-Terrell

Description: King's and Riddle's bills would require people voting or registering to vote to prove they're U.S. citizens. Brown's bill would require voters to provide a driver's license or other proof of identification.

The debate: Opponents have likened such measures to a "poll tax" that would disenfranchise low-income and minority voters, but backers say it would keep illegal immigrants from voting.

SOURCES: Star-Telegram research; Rep. Rafael Anchia; Rep. Scott Hochberg; Rep. Jeff Wentworth; Amber Moon, Texas Democratic Party; Hans Klingler, Texas Republican Party

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