Minutes
State Board of Elections Meeting
State Capitol, Pierre
December 17, 2003
The meeting was called to order by chair
Chris Nelson at 8:00a.m.on December 17, 2003 with the
following members responding:
Present
Absent
Chris
Nelson Gail Brock
Nelva Kristofferson
Linda Lea Viken
Carol Klumper
Karen Layher
Beth Benning
Kea Warne, Jennifer Jacobson and Chad
Heinrich, Secretary of State's staff; Julie Pearson,
Pennington County; Sue Roust, Minnehaha County;
Jodean Joy; Ken
Herricks, Pierre City Finance
Officer; Dwight Neuharth,
Executive Director SDACO; Joseph
Tallone and Mike Ma, Avante
International Technology Representatives.
Moved by Viken
and seconded to approve the minutes of the May 15th,
2003 meeting.
Passed.
Moved by Layher
and seconded to approve Sequoia Voting Systems AVC Edge DRE
4.1B. Passed
Moved by Brock and seconded to approve the
minor changes in the operating firmware for ES&S model 100
OMR Precinct Counter Versions 4.7.5 & 4.7.6. Passed
Joseph Tallone
and Mike Ma were present from Avante
International Technology, Inc. seeking certification for the
Vote-Trakker DRE 4.7.4. Mr. Ma
and Mr. Tallone demonstrated the
system including the card activator unit, voter cards,
and the printing unit. Mr. Ma presented a document
stating that the system meets each of the certification
criteria but that they were demonstrating the 4.7.4 version
instead of the NASED certified 4.7.3 version. Mr. Ma gave
the board a copy of the review summary for the 4.7.4 and
stated they were in the last phases for certification. All
other criteria appeared to be met by the unit with the
possible exception of ARSD 5:02:09:02.02(10) which requires
the unit to meet the disability voting requirements of the
Help America Vote Act. It is unclear at this time whether
the Act requires DRE machines to have the capability to
accommodate "puff and sip" technology for disabled access.
Board members and members of the audience test voted on the
DRE.
Moved by Viken
and seconded to certify
Avante International
Technology’s Vote-Trakker 4.7.4
DRE with the provision that they submit the NASED
certification number for the 4.7.4 before the certification
would be issued and that if it is determined by the Election
Assistance Commission that "puff and sip" compatibility is a
requirement of HAVA, the certification of this model would
be revoked.
Passed.
Discussion and action was taken on several
legislative proposals as follows:
Moved by Viken
and seconded to amend the proposed change to SDCL 12-19-2 by
adding that the copy of the voter’s identification card not
be public record and also adding back into this section the
federal requirement to send out an absentee ballot for each
federal election through two general elections to voters
covered by the Uniform and Overseas Citizens Absentee Voting
Act. Passed.
Moved by Brock and seconded to amend the
proposed changes to SDCL 9-13-6, 9-13-7, 9-13-9, 13-7-5,
13-7-6 and 13-7-10.2 by moving the filing process back two
weeks. It was also suggested to change the word “desires”
in 13-7-6 to read “specifies on the petition”. Petition
filing deadline if mailed by registered or certified mail by
five p.m. on the Friday four weeks before the election was
changed to read “five and a half weeks”.
Passed.
Moved by Viken
and seconded to amend the proposed changes to SDCL
12-20-13.1 and 12-20-13.3 by changing the wording to state
“the person in charge of the election” instead of referring
to each county auditor for determining the time for
provisional ballot count and added clarification of which
notifications are given for certain elections. Passed
Moved by Layher
and seconded to amend the proposed change to SDCL 13-8-23 by
changing (4) to read “His ceasing to be
a resident of the school district or representation
area where elected” to clarify an event causing a vacancy on
a school board. Passed
Moved by Viken
and seconded to amend the proposed change to SDCL 13-8-7 and
13-8-7.1 to remove similar wording that has already been
removed from other statutes pertaining to incorporated and
unincorporated representation areas for school board
members. Passed
Moved by Brock and seconded to amend the
proposed change to SDCL 9-13-7 to remove business address as
a requirement on a municipal petition. Passed
Moved by Layher
and seconded to amend the proposed changes to SDCL 9-13-9 to
remove the word “subdivision” throughout this statute and
add “A petition signer in municipalities of the third class
is not restricted in the number of petitions which the
person may sign.” Passed
Moved by Viken
and seconded to amend the proposed changes to SDCL 9-13-21
and 13-7-13 to state how many ballots a finance officer and
business manager provide for their elections. The
suggestion was made to make the wording regarding the ballot
position determination to be identical in both statutes.
Passed
No action was taken on the proposed section
of SDCL 12-18.
Moved by Brock and seconded to amend the
proposed changes to SDCL 12-18-9 by prohibiting a candidate
from serving as a pollwatcher in
the polling place where that candidate is on the ballot and
stating the candidate may only be present to
cast their own vote during
voting hours. Clarify proposed change to not exclude
candidate from counting process. Passed
with majority vote. Viken
wanted us to look at putting these proposed changes in SDCL
12-18-3 and Nelson said he would look at that.
Moved by Brock and seconded to add the
proposed section to Title 12 to define the Election
Equipment Replacement Fund. Passed
Moved by Viken
and seconded to amend the proposed changes to SDCL 13-27-6.1
to allow a student at least 18 years old and is an appointed
precinct election official during an election, to be excused
from school. Passed
Moved by Brock and seconded to add the
proposed section to SDCL 12-19 to allow a voter to fax the
absentee ballot application back to the person in charge of
the election. This proposed section would require the voter
to supply a phone or fax number that the person in charge of
the election shall attempt to call if the application is not
legible. Jodean Joy gave the
presentation for this proposed legislation. Nelson added
that we should put an emergency clause on this bill to
ensure the voters serving in the military the opportunity to
use this in the special congressional election and the June
1st primary election. Passed
Moved by Viken
and seconded to add the proposed section to SDCL 12-4 to
allow a person that is a victim of domestic abuse or
stalking to use the mailing address for the Office of
Secretary of State for voter registration and absentee
ballot purposes. Viken wants
the amendment to include “adjudicated victim”. Nelson will
have representative from States Attorney’s Association to
review this to see if “adjudicate” should be included.
Passed with amendments
Moved by Layher
and seconded to amend the proposed
changes to SDCL 12-18-6.1 to allow a high school
identification card to be included as a valid form of
personal identification. Changes at the
beginning of this section to read “At the time of the
request for a ballot, the voter shall present a valid form
of personal identification”. Passed
Minutes
State Board of Elections Meeting
State Capitol, Pierre
January 3, 2003
The meeting was called to order by chair Joyce Hazeltine
at 10:00a.m. on January 3, 2003 with the following members
responding:
Present: Joyce Hazeltine, Gail Brock, Carol Klumper,
Linda Lea Viken, Karen Layher, Beth Benning
Absent: Nelva Kristofferson
Chris Nelson and Kea Warne, Secretary of State's staff;
Sherri Sundem Wald, Attorney General’s Office; Julie
Pearson, Pennington County; Sue Roust, Minnehaha County;
Shellie Baker, Hughes County; Amanda Patton, SD Republican
Party; Dwight Neuharth, SD Association of County Officials;
and Patty Pearson, Kids Voting.
Moved by Brock and seconded to approve the minutes of the
January 31, 2002 conference call meeting. Passed.
Moved by Benning and seconded to approve the minutes of
the December 19, 2002 meeting. Passed.
Moved by Viken and seconded to recommend that the
Secretary of State introduce legislation allowing for more
than one recount board in a county. Passed.
Moved by Viken and seconded to recommend that the
Secretary of State introduce legislation basing certain
petition signature requirements on the number of registered
voters on January 1 of the year the petition is filed.
Passed. Moved by Layher and seconded to incorporate various
language updates and clarifications into these same
statutes. Passed.
Moved by Viken and seconded to recommend that the
Secretary of State introduce legislation allowing for
registering to vote on the internet. Passed.
Discussion was held regarding changing the oath required
of precinct election officials and establishing a penalty
for a violation of the oath. Consensus was to examine
options of doing this by rule.
Discussion was held regarding a plan to allow victims of
domestic abuse or stalking to register without publicly
providing their residence address. Concerns were raised
regarding the requirements to make use of this program. The
issue of other individuals who may also need to keep their
residence address confidential was raised. Consensus was to
defer a recommendation on this until some of these questions
could be addressed.
Moved by Benning and seconded to recommend that the
Secretary of State introduce legislation for implementation
of the Help America Vote Act. Passed.
Moved to adjourn by Viken, seconded and adjourned.
____________________________ _______________________
Joyce Hazeltine, Secretary of State Chris Nelson,
Recorder