H 0310

H‑0310.1 _____________________________________________

HOUSE JOINT MEMORIAL 4000

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Mastin and D. Schmidt

Prefiled 12/19/2000. Read first time 01/08/2001. Referred to Committee on State Government.

_1 TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED

_2 STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE

_3 HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF

_4 REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

_5 We, your Memorialists, the Senate and House of Representatives

_6 of the State of Washington, in legislative session assembled,

_7 respectfully represent and petition as follows:

_8 WHEREAS, It has become painfully obvious that the manner and

_9 method by which elections for federal offices are conducted in the

10 fifty sovereign states of this federal union could stand

11 improvement; and

12 WHEREAS, In a federal union it is perfectly proper and

13 appropriate that each sovereign state be allowed to conduct its

14 elections, including elections for federal office, in such manner

15 and method as they may choose, so long as the manner and method

16 does not violate federal law or electors constitutional rights of

17 equal protection or due process; and

18 WHEREAS, In order to ensure public confidence in the

19 institutions of government it is necessary that the manner and

20 method by which elections are held must not only be fair and

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_1 impartial but that they must appear to be fair and impartial; and

_2 WHEREAS, Any effort to increase confidence in the fairness and

_3 accuracy in the election of any federal officers must address

_4 hundreds of issues, a partial listing of questions that need to be

_5 addressed is set forth below:

_7 How can we make certain that the person who is casting a vote is

_8 the person who they claim to be?;

10 How can we make certain that the person casting a vote is lawfully

11 able to vote under the laws of the United States and the state

12 they are voting in?;

14 How can we be certain that the person casting a vote has not

15 already voted in some other place or manner for the same federal

16 office?;

18 How can we be certain that any request for an absentee ballot for

19 a person was made by, or authorized by, that person?;

21 How can we be certain that requests for an absentee ballot are

22 sent directly to the appropriate government office and not to some

23 third party who may or may not forward the request?;

25 How can we be certain that absentee ballots are received by the

26 person who requested the ballot?;

28 How can we be certain that the votes cast on the ballot are in

29 fact votes made by, or authorized by, the person entitled to

30 receive the ballot?;

32 How can we be certain that votes are cast only at such times and

33 in such places as are allowed by state and federal law?;

35 How can we be certain that once a vote has been made on a ballot

36 that only duly authorized government officials handle the ballot

37 envelope or ballot, so that no third party is in a position to

38 cause the ballot not to be received by government?;

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_2 How can we know in advance what actions a voter must take to

_3 create what will be considered a lawful vote in the state where

_4 they are voting, with recognition that the types of ballots and

_5 machines used may vary within a state?;

_7 What is the consequence of a voter's failure to follow voter

_8 instructions and are such instructions merely advisory directions

_9 or is strict compliance required to accomplish a lawful vote?;

11 What is the consequence of a voter failing to make a vote that

12 complies with instructions because of voting machine malfunction?;

14 What is the maximum allowed logic and accuracy test error rate for

15 devices allowed to count votes?;

17 What is the method by which recounts can be demanded, and what are

18 the standards for those recounts?;

20 What are the assurances that canvassing boards will not only be

21 fair but have rules regarding membership and method of operation

22 that make them appear fair?;

24 What are the requirements with regards to the location and

25 operation of polling places; the number, pay, and training of poll

26 workers; the types of ballots and voting machines used; the time

27 allowed to each voter to vote; and the number of revotes each

28 voter may have?;

30 What steps must be taken to ensure that voters who may already be

31 disadvantaged by circumstances in their life are not further

32 disadvantaged by government actions that provide them with less

33 actual opportunity to cast a valid vote by reason of any of the

34 above choices that government may make?; and

36 WHEREAS, There is a real and significant federal interest in

37 making sure that each of the several states has adopted process

38 and procedures that will result in a fair and constitutional

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_1 counting of lawful ballots; and

_2 WHEREAS, Your Memoralists do not seek the establishment of any

_3 comprehensive federal uniform voting rights act. Such an act, if it

_4 attempted to specifically direct the exact method and manner by

_5 which elections were held in each of the fifty sovereign states of

_6 this Republic, would violate both Article IV, Section 4 of the

_7 United States Constitution which guarantees to every state in this

_8 union a Republican form of government, and the Tenth Amendment to

_9 the United States Constitution which reserves to the states or to

10 the people those powers not delegated to the United States by the

11 Constitution or prohibited to the states;

12 NOW, THEREFORE, Your Memorialists respectfully pray that the

13 United States Congress, without restricting the method or manner

14 that the several states may hold elections, set minimum federal

15 standards concerning the process and procedures that the several

16 states may use in holding federal elections within their borders.

17 BE IT RESOLVED, That the federal government provide such

18 funding to the states as may be necessary to allow the several

19 states to meet the minimum requirements of federal law to hold

20 federal elections.

21 BE IT FURTHER RESOLVED, That copies of this Memorial be

22 immediately transmitted to the Honorable George W. Bush, President

23 of the United States, the President of the United States Senate,

24 the Speaker of the House of Representatives, and each member of

25 Congress from the State of Washington.

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