HELPING VOTERS

Two years after an election debacle that made the United States the laughingstock of the democratic world, legislation finally is in place to ensure it never happens again. The Help America Vote Act, passed by the House and Senate in recent weeks, was signed into law last week by President Bush.

The new law comes too late for today’s elections, a circumstance that has the political fringes crying conspiracy and some election officials in states with close races warming up the excuse machine for another bungle at the polls. The fact is that it was never likely or intended that the problems of 2000 would lead to reforms for 2002. The legislation is based on recommendations of a commission led by former presidents Jimmy Carter and Gerald Ford; voting practices in every state had to be evaluated to determine strengths and weaknesses, costs had to be calculated and differences reconciled. Given the importance of this issue and the nature of Congress, two years is a pretty efficient turnaround.

The new law itself does many things, some quite well. One of the most troubling occurrences in 2000 – not just in Florida, but in many states, including Maine – was that of voters being turned away at the polls because of registration problems. Under the new law, states have until 2003 to adopt a procedure for provisional ballots to be counted if it is later determined that the challenged voter was, in fact, eligible to vote. There also are enhanced criminal penalties for anyone who votes fraudulently or who fraudulently prevents someone from voting.

Most of the law’s provisions take effect in 2004 – replacing outdated, error-prone punch card and lever voting machines, making polls more accessible by the disabled, better training for poll workers, more accurate voting lists, more reliable identification checks. These provisions take money and the law devotes $3.9 billion to help defray state and local costs. The money has yet to be included in an appropriations bill; Congress’ work is not done until it is.

One other matter remains unfinished, one that if not addressed by 2004 could lead to a new round of Election Day outrage. The new law requires first-time voters who register by mail to present identification when they show up at the polls and a mail-in registration form must include a check-off box asserting the registrant’s U.S. citizenship. Demo-crats, stating a desire to expand the voting franchise, and Republicans, determined to prevent fraud, already are arguing over those provisions – the type of identification required, the authority of local elections officials to challenge the authenticity of identification, whether the presence of a check-off box requires that the prospective voter check it off. These are mere details that can be sorted out. If Congress is genuinely interested in helping America vote, they will be.