Call to Order and Roll Call
The first meeting of the Military and Overseas Voting Assistance Task Force was held on Tuesday, October 8, 2013, at 10:30 AM, in Room 171 of the Capitol Annex. Senator Joe Bowen, Chair, called the meeting to order, and the secretary called the roll.
Present were: Senator Joe Bowen, Co-chair, Representative Darryl Owens, Co-chair, Senator Jimmy Higdon, Keith Cain, Bobbie Holsclaw, and Lindsay Thurston.
Due to the United States Government shutdown and related work furloughs, task force member Col. Charles T. Jones sent Maj. James Harvey to attend in his absence.
Members: Senator Joe Bowen, Co-Chair; Representative Darryl T. Owens, Co-Chair; Senator Jimmy Higdon, Representative Tanya Pullin; Keith Cain, James Fowler, Bobbie Holsclaw, Charles T. Jones, and Lindsay Thurston.
Guests: Alison Lundergan Grimes, Kentucky Secretary of State.
LRC Staff: Greg Woosley, Kristopher Shera, and Ashlee McDonald.
Military Perspectives on Overseas Voting
Several military personnel testified about their experiences with overseas voting. Colonel Steven P. Bullard, Chief of Staff, Air and Deputy Director Joint Staff, Headquarters Kentucky National Guard, stated that he has been deployed four times during an election. In his four deployments, he has voted successfully three times and failed to have a ballot returned by the deadline in the fourth election. It is essential for military personnel to be prepared to navigate the absentee ballot process before deployment; however, this is difficult for most personnel because most of the pre-deployment period is spent on preparing for other matters related to deployment. In this regard, any means of assisting the military personnel once deployed increases the likelihood that ballots can be cast successfully. Mail service overseas can be very unpredictable, and because mail is often delayed, the time constraints for casting ballots are difficult for personnel to meet.
State Command Sergeant Major Thomas E. Chumley, Jr., Headquarters Kentucky National Guard, explained that having the time to negotiate the absentee ballot process, especially given the slow moving nature of mail overseas, is one of the more serious issues for military personnel attempting to cast a ballot. Personnel frequently change field locations, which can interfere with the success of sending or receiving mail. A Voting Assistance Officer (VAO) is assigned to each unit to ensure that the deploying soldiers have all the necessary materials for requesting and casting ballots and they are reminded of upcoming elections. However, each individual soldier is required to reach out to the county clerk’s office for an absentee ballot and to follow through on the procedures required to vote, including mailing the voted ballot.
Lt. Colonel Dallas F. Kratzer, Military Personnel Manpower Officer, Headquarters Kentucky National Guard, explained that the biggest challenge facing the military is forwarding of mail. Military personnel move around frequently, and getting mail to follow them as they move around the country, or overseas, is very difficult. Approximately 50-60 percent of his deployment team was able to execute an absentee ballot in the last election cycle. While the military is adamant that the deployed soldiers have the ability to vote, the largest issue impeding successful voting by overseas military personnel is the forwarding of mail to their current locations in a timely manner.
In response to a question from Representative Owens regarding standard mail voting versus electronic vote submission, Col. Bullard stated that having an electronic voting process would eliminate the time constraints of standard mail. In a follow-up question regarding the notice personnel get on deployment and voting procedures, Col. Bullard explained that VAO will begin talking to the deploying soldiers as soon as possible after notice of deployment to ensure that they are as prepared as possible for upcoming elections.
In response to a question from Senator Higdon, Col. Chumley stated that other states’ VAOs are able to assist their units to request and receive ballots electronically, and even vote electronically in some cases, while Kentucky soldiers are largely required to use the standard mail method. Kentucky soldiers are already equipped with Common Access Cards (CAC card) that allow them to have digital/electronic signatures, and they are used to doing any number of tasks electronically with these cards. Training the soldiers to use the cards to help facilitate voting would not be an issue.
Responding to a question from Ms. Holsclaw’s, Col. Bullard explained that a soldier’s location largely determines whether he or she is able to send or receive mail via Federal Express (FedEx) or United Parcel Service (UPS). FedEx delivery is possible to Kandahar, Afghanistan, but getting mail into the field is a challenge. Generally speaking, Mail often takes approximately nine days to get to the members serving in Afghanistan, but the time is even longer for soldiers in field command positions.
In response to Lindsay Thurston’s question on CAC cards, Col. Kratzer explained that the military uses the CAC card for everything they do electronically. The cards are the only means for military personnel to access a computer. Col. Kratzer further noted that the cards are uniquely assigned to each soldier and contain their signatures, and the cards could be used as a means to allow secure access, with a signature, related to voting. The CAC card will work anywhere in the field that soldiers have internet connectivity. Even advance units often have sufficient connectivity for limited computer access.
Keith Cain expressed his concern over Col. Kratzer’s statistic that only 50-60 percent of his military personnel were able to successfully vote. About 50-60 percent of the 39 soldiers in his unit voted successfully, but this voting rate is unacceptable for military personnel.
Senator Bowen asked if the issues with mail were primarily with mail coming in to, versus going out from, overseas personnel. Col. Chumley gave an example of his deployment to Africa during Hurricane Sandy, when all mail was diverted to Chicago and resulted in additional delays receiving mail. Often mail may be sent and postmarked on time by a soldier, but the time that it takes to reach a county clerk is the main concern.
Current Absentee Voting Procedures and SB 1 Changes
Alison Lundergan Grimes, Secretary of State of Kentucky, spoke briefly on the goals of her office and efforts to ensure that men and women who serve Kentucky are able to vote during deployment. She is confident that the bipartisan work will be a step in the right direction. Kentucky is the recipient of a $2.2 million dollar grant from the Federal Voting Assistance Program to help implement 2013 Regular Session Senate Bill 1. The grant is the largest that has ever been awarded by the program.
Lindsay Hughes Thurston, Assistant Secretary of State of Kentucky, testified about the absentee ballot procedures applicable to military and overseas voters and the changes established by Senate Bill 1. She said that Kentucky has more than 65,000 active-duty military personnel, including reserve members and those serving in the Kentucky National Guard. There are two military bases, Fort Campbell and Fort Knox.
Ms. Thurston described a trip Secretary Grimes took in September, 2012, to the Middle East, during which she toured the mail facilities serving military personnel. Mail service was treated with very high regard, but military personnel reported that electronic communication is preferred because standard mail is unreliable.
Ms. Thurston described the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), enacted by Congress in 1986, which guarantees that uniformed service and overseas citizens can register to vote and vote by absentee ballot in federal elections. She explained that the Military and Overseas Voter Empowerment (MOVE) Act, enacted by Congress in 2009, requires states to transmit a validly requested absentee ballot to a UOCAVA voter no later than 45 days before a federal election. The MOVE Act also requires states to make voter registration and absentee ballot applications available electronically.
Ms. Thurston described the military and overseas voting procedures in Kentucky. A covered voter must complete an absentee ballot application by either using the state application or the federal post card application. A covered voter may mail, email, or fax the application, which must be received by the close of business seven days before the election. After a county clerk reviews and approves the application, the blank ballot is then faxed, emailed, or mailed to the voter. Senate Bill 1 requires that this be done at least 45 days in advance of all elections. After the voter receives the ballot, the voter marks his or her selections and returns the it by mail, which must be received by the close of polls on election day.
Ms. Thurston gave statistics related to military and overseas ballots in past election cycles. In the 2008 general election, 6,565 military and overseas absentee ballots were issued, with 5,236 returned. In the 2010 general election, 1,452 absentee ballots were issued, and 1,138 were returned, with 82 of those unable to be counted. In the 2012 general election, 4,608 absentee ballots were issued, and 3,601 were returned. Of those, 301 were unable to be counted.
Ms. Thurston stated that by enacting Senate Bill 1, the General Assembly adopted the Uniform Military and Overseas Voters Act (UMOVA), which has been adopted by 14 states. The bill requires the Secretary of State to create an electronic transmission system by which a covered voter may apply for and receive voter registration materials and military overseas ballots. The bill allows military and overseas voters to register to vote or update their voter registration information electronically. It extends UOCAVA protections to members of the Kentucky National Guard.
In a response to a question from Senator Bowen, Ms. Thurston explained that in the 2012 election, out of the 301 military and overseas ballots that were returned, 121 were not counted because they arrived after the 6:00 p.m. deadline. Out of the 301 uncounted votes, 191 were from military personnel and 110 were from overseas civilians. Senate Bill 1 requires that any ballot received prior to the 6:00 p.m. deadline will be counted, regardless of the date of postmark or even if it has no postmark. The electronic transmission system will ease the complications of ballots arriving on time to military and overseas voters.
Trends in Absentee Voting in Other States and Technology
Lori Steele, Founder, Chairman and CEO of Everyone Counts, Inc., explained the benefits of using a start of the art electronic system for ballot delivery and return. The first electronic ballot election was held in 1997. In 2003, the first government-wide electronic election was held. In 2007, Everyone Counts gave Australia the ability to allow all military serving overseas to utilize online voting. In modern electronic voting systems, a voter may use a computer, tablet, or smartphone to access a ballot regardless of location. These systems are not untested or unproven, but are simply not regularly deployed in the elections process in the United States. Statistics have shown that voter turnout and participation rates are higher when electronic delivery and return are utilized together, rather than separately. Utah and Arizona are moving forward with electronic return of ballots in the 2014 election, and Everyone Counts will soon be launching the first CAC card authentication process for an undisclosed state.
Dan Nolan, Vice President of Strategic Planning and Government Relations with SOE Software, stated that much of SOE Software’s focus has been on assisting local election officials to better communicate with voters through election night return systems. SOE has branched out into modern electronic voting systems. The goal of online voting and ballot casting software is to minimize human errors, post office delays, and fraud. Alaska has utilized electronic balloting for all voters, with on-screen marking of ballots possible, including safeguards to prevent inadvertent over/under voting. Electronic ballot systems are available that provide a paper trail, that are secure, and that are a scalable solution to a state’s elections needs.
In response to a question by Senator Bowen, Ms. Steele stated that approximately 12 states are using voting systems developed by Everyone Counts. Eight states are using SOE Software’s systems.
Responding to a question by Representative Owens, Ms. Steele explained that in 2012, every state had electronic transmission of ballots in some way, including fax and electronic mail. However, the return of ballots was primarily done by standard mail in a majority of states.
In response to Ms. Thurston, Mr. Nolan explained that Alaska took small steps to introduce the electronic voting system, beginning first with UOCAVA voters. After its success, the state made the system available to all voters.
With no further business to come before the meeting, the meeting adjourned at 11:45 a.m.