You asked about training requirements for poll workers and election officials in the Help America Vote Act (HAVA). You also asked for information about how states are using their HAVA funds for training and how much they are spending on training as opposed to voting equipment.

SUMMARY

Congress passed HAVA in October of 2002 as a package of federally ordered election improvements. HAVA’s main requirements are (1) voter identification, (2) provisional voting, (3) statewide voter registration systems, and (4) new voting equipment. With the exception of provisions for training to assist voters with disabilities (P. L. 107-252 §§ 261 and 291), HAVA does not impose broad requirements on states for training poll workers or election officials. These activities are generally left up to localities. Since HAVA’s implementation, however, states have begun to take a more active role in establishing training standards. Many have committed to investing federal resources in this area, though almost all plan to spend a majority of their HAVA funds on voting equipment and statewide databases.

Some states have already addressed the question of training for poll workers and election officials. Colorado passed a bill that gives its secretary of state authority to require training, while Mississippi and Pennsylvania passed legislation requiring their secretaries of state to develop poll worker training programs. Similarly, Kansas passed a mandatory training program and Georgia passed legislation that requires election superintendents to complete a certification program. Generally, states are still crafting their HAVA compliance efforts because funding has been delayed and the federal legislation itself is relatively new.

TRAINING REQUIREMENTS

Local Jurisdictions Retain Control

HAVA encourages states to invest in poll worker and election official training but for the most part, the issue remains under the control of local jurisdictions. HAVA does not place restrictions or requirements on states with regard to training, but they can qualify for funds more readily by offering training programs. Under Title I, states can apply for funding for activities to improve elections, which includes training election officials, poll workers, and volunteers (§ 101(b)(1)(D)). States can also receive funds under Title III. To receive Title III funds, states must submit a detailed state plan demonstrating how they will meet its requirements. As part of the plan, states must describe how they will provide for programs for election official education and training, and poll worker training (§ 254(a)(3)). The chief election official of each state (in Connecticut, the secretary of the state) has the authority to decide how that state will use its HAVA funds for training. HAVA does not specify what portion of the funds should be used for this purpose, nor does it establish broad requirements that all states must follow.

Exceptions

Access for Individuals with Disabilities. Under § 261, states and local governments can apply for grants to assure voting access for individuals with disabilities. Each state or locality must apply to the secretary of the U. S. Department of Health and Human Services (HHS) and later submit a report on how the money was spent. Fundable activities under this part include:

Arguably, § 261 does not constitute a training mandate because recipients could spend payments entirely on polling place accessibility.

Protection and Advocacy System. The most explicit training requirement in HAVA falls in § 291. Under this provision, the HHS secretary funds the protection and advocacy system (as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U. S. C. 15002)) of each state to ensure full participation in the electoral process for individuals with disabilities. The secretary must set aside 7% of the funds appropriated under this section for training and technical assistance. States and other eligible entities (e. g. , nonprofit organizations with demonstrated experience in voting issues for individuals with disabilities) that apply for and receive these funds must use the payments for training in the use of voting systems and technologies by individuals with disabilities, and to evaluate the efficacy of those systems.

HAVA EXPENDITURES: TRAINING VS. VOTING EQUIPMENT

On November 15, 2004, the National Association of Secretaries of State (NASS) released the results of a survey in which they asked the states how they plan to spend their HAVA money.

Training

Forty-four percent of the responding states will spend up to 10% on poll worker training. All of the responding states recognized that the lion’s share of training for poll workers is done at the county level. However, with the implementation of HAVA, 80% of the responding states are taking a more active role with the production of training materials, “train the trainer sessions,” and establishing training standards. NASS also reports that the majority of poll worker training at the local level takes place 30 to 60 days prior to an election.

Voting Equipment

One-third of the responding states will spend 30% of their HAVA funds on voting equipment; a fifth of the respondents will spend between 30% and 60% on voting equipment; and another third of respondents will spend between 60% and 90% on voting equipment.

TRAINING LEGISLATION AND INITIATIVES IN THE STATES

Connecticut received $ 32. 7 million in HAVA grants in August, 2004. Prior to the passage of HAVA, Connecticut trained and certified chief polling place officials (CGS § 9-192a). Connecticut’s state plan indicates that the state will incur significant costs to revamp this system and train poll workers and election officials on the use of electronic voting equipment and the Centralized Voter Registration System. The state plan earmarks $ 2. 5 million for a new training and outreach program that (1) relies on the input of the registrars of voters and town clerks, (2) accounts for the diversity of the poll- worker and election-official workforce, and (3) addresses the needs of persons with disabilities and individuals with alternative language considerations.

Many states have so far spent little, if any, of their HAVA funds because of the delay in payments. It is therefore difficult to document how much money has been spent to date on training. A survey of other states’ plans indicates that they do expect to engage in training activities, but the extent and cost of these programs remain to be seen. However, the National Council of State Legislatures reports that some states (described below) have passed legislation requiring some sort of poll worker or election official training. In addition, the U. S. Election Assistance Commission (EAC) has developed a best practices tool kit for election officials and stakeholders. The EAC’s training recommendations for states and local jurisdictions can be found on pages 5, 15, 17, 21, 22, and 23 of the tool kit.

Colorado

Colorado passed HB 1356 in 2003. The law vests the secretary of state with the powers and duties necessary to ensure that the state complies with HAVA, including specific authority to require education and training programs for county clerks and election staff.

Georgia

Georgia passed SB 258 in 2004. Among other things, SB 258 requires election superintendents to complete a certification program by January 1, 2007, and allows the State Election Board to fine local governments for failing to have superintendents and chief registrars complete the training and certification.

Kansas

Kansas passed SB 479 in 2004, which contains a provision for training for election board judges and clerks. The law requires county election officers to provide instruction to both election board judges and clerks before each election. County election officers must receive instruction on their election duties, including procedures for complying with federal and state laws and regulations. Kansas held its first annual HAVA training program in the spring of 2004. A detailed overview of that conference can be found at 1^st Annual CEO Training Devoted to HAVA.

Mississippi

Mississippi passed SB 2857 in 2004 requiring the secretary of state to develop a single, comprehensive poll worker training program to assist local election officials in providing uniform and secure elections.

Pennsylvania

In 2002, Pennsylvania passed SB 824, which requires the secretary of state to develop a voluntary professional certification and poll worker training program.

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