1-8.3-104. Role of secretary of state

OFFICIAL COMMENT

Each state will need to supply the appropriate title for its chief elections authority, whether it is the Secretary of State, head or director of the State Board of Elections, or other official or entity. Where this authority is an organization, rather than an individual, the phrase “state official” in subsection (1) may also merit alternative phrasing. The expectation is that this authority in turn will delegate its duties at least in part to the same office that the state has designated to fulfill the UOCAVA requirement that the state designate a state office to facilitate the state’s compliance with the UOCAVA. Other duties may naturally devolve to local election officials, depending on how the state has structured its election processes generally.

In most states, the implementing authority specified in subsection (1) presumably already has authority to promulgate rules according to the existing rulemaking procedures of the state. States in which this rulemaking authority is not already established may wish to include additional language establishing authority to make rules to implement this act.

The requirement that states develop “standardized” voting materials is not meant to require statewide uniformity in voting equipment and processes where such uniformity does not already exist. Thus, in states using different voting systems in different jurisdictions around the state, “standardized” voting materials may include one standard for jurisdictions using one system, and another standard for jurisdictions using another system. Nevertheless, the state’s chief elections authority should work with local election officials to simplify and standardize as much as possible the materials provided to voters, including developing standard identifying labels and other markings on such materials to expedite their handling. Such standardization is critical primarily because it will simplify the voting experiences of covered voters and enable a variety of support groups to provide more effective assistance to these voters as a group. Greater uniformity also should ease administrative duties and facilitate future reforms to the voting process.

The “electronic equivalent” of privacy envelopes and transmission envelopes means at a minimum a template or instructions to accompany the electronic delivery of an unvoted ballot that assist the voter to prepare and use appropriate envelopes to return the voter’s marked ballot if the voter is returning the ballot physically through the mail. If a state is allowing a voter to return a marked ballot electronically, the state generally should employ digital encryption or other security measures to provide comparable protection of the integrity and secrecy of the marked ballot.

The electronic transmission method established under subsection (3) should be designed to protect the integrity of the transmission and the privacy of the voter’s personal data contained in the transmission. To a similar end, the recent amendments to UOCAVA include provisions requiring that “to the extent practicable,” electronic transmission methods “shall ensure that the privacy of the identity and other personal data of an absent uniformed services voter or overseas voter is protected” and also shall “protect the security and integrity of the transmission.”