Issues & Action Report
Judy Rice, judith.rice@verizon.net

LWVPA has a beautiful new web site with a section devoted to Issues. Besides providing easy access to Where We Stand, the site contains updated and up-to-date position papers. These are brief statements reflecting our current perspective on certain positions as events occur that require us to take action. The position papers we are updating so far are Gambling, Initiative and Referendum, Tuition Vouchers and Reapportionment.

Specialists are also constantly preparing alerts on gambling, good government , childcare issues, etc, which you receive promptly thanks to Jenn Bender our tech wiz staff person.

Click on one of the following to view the report or simply scroll down to read them all.

EDUCATION
WELFARE REFORM
LOBBYIST DISCLOSURE
HAVA
REDUCING THE SIZE OF THE LEGISLATURE
BALLOT ACCESS
ELECTION DAY REPORTS
GAMBLING LEGISLATION UPDATE

EDUCATION - Judy Rice, Specialist, judith.rice@verizon.net

Throughout late August and early September, I collaborated with GoodSchools PA in planning a program for November 4 at Bryn Mawr College, where I will speak briefly on the LWV support for equitable and adequate funding for public education. The speaker is Susan Pace Hamill from Alabama. She is a corporate attorney who speaks on the moral issue of support for public education. I have been and will be speaking on education in other venues and I welcome opportunities to meet with your Leagues or to confer with you on your own education programs.
The LWVUS listserv for NCLB (No Child Left Behind) has been set up. There was activity as schools opened but it is quieter now as everyone concentrates on election activities. If you wish to join the listserv, contact me at email address above.

WELFARE REFORM - Kullie Mellor, Welfare Reform Specialist, kulliejack@juno.com

#1 Temporary Assistance to Needy Families (TANF):

On September 16, 2004 action was requested to urge Congress to extend Temporary Assistance to Needy Families( TANF) for a minimum 6-month extension without any policy alterations or new mandates On September 30th the House and Senate unanimously passed a clean, six-month TANF extension, and President Bush signed it into law. This is the 9th TANF extension Congress and the President have enacted since 2002 in lieu of reauthorizing the law. TANF along with the Child Care Development Block Grant (CCDBG) which is included in the same legislation is now set to expire March 31, 2005. We can probably expect an even harder time getting stronger child care and poverty programs when the tight budget of FY2005 is formulated,

#2 Assault Weapons Ban

Action was requested on 8-12-04 to renew the ten-year old Assault Weapons Ban. Congress failed to renew the ban despite the support of a majority of registered voters. According to the Children’s Defense Fund, child and teen deaths from firearms dropped by fifty percent while the ban was in place.

#3 Support of Governor Rendell’s proposed legislation to provide evacuation plans for children in the 183,000 children in licensed, non-profit or family care facilities was requested on 7-16-04. The State Legislature had previously passed legislation covering children only in for-profit care facilities; Governor Rendell refused to sign the legislation with restricted coverage.

#4 An announcement was sent on 9-8-04 announcing the appointment of Harriet Dichter, former director of Children’s Policy for Philadelphia, to lead the state Department of Public Welfare new office of Child Development and at the same time to co-direct the Office of Policy in the state Department of Education. This new opportunity for coordination of policy between these two key departments is a long-sought-after and significant gain for the interests of children. Also, to be noted, LWVPA has "signed on" to a request to the Pennsylvania Department of Public Welfare from the Pennsylvania Child Care Coalition, a coalition of child care servers and child care activists, for improving the process for parents to obtain subsidized child care services. Upon receipt of our endorsement, Peter Zurflieh of the Community Justice Project and facilitator for the coalition’s statement thanked us and stated how much our renewed interest and support is appreciated. Sources of information in formulating the action alerts include the Children’s Defense Fund, the Pennsylvania Child Care Coalition, the PA Welfare Coalition, "Capitol Watch for Children" published by Pennsylvania Partnerships for Children, and "Advocates’ Agenda" (published by Cathleen L. Palm & Associates).

LOBBYIST DISCLOSURE - Lora Lavin, Government and HAVA Implementation Specialist, lavin@steuber.com

SB1sponsored by Majority Leader Robert Jubelirer (R-30) was reported out of the Senate Government Committee several weeks ago and the expectation was that it would pass the Senate last week. Then the focus would be on the House where HB2080 was reported out of the Government Committee months ago. Majority Leader John M. Perzel (R-172) has refused to bring it to the floor for a vote. I sent out an Action Alert asking LWV members to call their State Reps and urge them to urge Perzel to bring Lobbyist Disclosure to the floor for a vote. Meanwhile, floor action on SB1 has now been delayed until after the election at which time there will be only eight legislative days left before the Legislature adjourns for the year. If they adjourn without passing Lobbyist Disclosure there will be no disclosure requirement in place when the new Legislature is sworn in next year. The Senate may again adopt a rule requiring registration and disclosure by those who lobby the Senate, but, of course this would not apply to the House or to the Executive Branch. I plan to send out another action alert with particular appeal to league members who are in Perzel’s district.

HAVA - Lora Lavin, Government and HAVA Implementation Specialist, lavin@steuber.com

The PA Voters Coalition has been meeting regularly on the 1st Thursday of the month. Recent meetings have focused on the handling of Provisional Ballots, help lines for Election Day problems, the processing of registrations forms, and accessibility issues.

On July 16, I testified on behalf of the League at a public hearing on proposed amendments to The State Plan. A copy of the testimony is attached. Key points were the need for poll worker recruitment and training, public education, physical accessibility, communication to resolve Election Day problems, processing of registration forms, standards for counting provisional ballots and replacement of voting equipment.

On October 1 the Pa Voters Coalition sent a letter to DOS Secretary Pedro Cortes expressing “alarm “over proposed procedures for counting Provisional Ballots. Specifically, the Department has directed that Provisional Ballots cast in the wrong county will not be counted. It should be noted that in this regard Pennsylvania is more liberal that many states where Provisional Ballots will not be counted if they are cast in the wrong precinct. Under Act 101 which implemented HAVA in Pennsylvania, if a Provisional Ballot is cast in the wrong Election District (precinct) then the ballot will be counted but only for “that portion of the ballot that the individual would have been eligible to vote in his proper Election District and at the Election District where the vote was cast.” In other words, on November 2, if an individual casts a Provisional Ballot in the wrong Election District, the votes cast for President, US Senator and Statewide offices should be counted. Votes for other offices such as Congress and General Assembly may also be counted if they meet the stated criteria. At a September 14 meeting of the HAVA advisory groups (see below) DOS officials said the reason for excluding ballots cast in the wrong county, , was that the SURE (Statewide Uniform Registry of Electors) system is not completely operable and therefore equitable treatment of all persons who cast provisional ballots could not be assured. The Coalition has countered that the administrative burden of checking the databases of the seven counties not on the SURE system is not great enough to justify not counting the ballots.

Unfortunately, it now appears that banning counting Provisional Ballots cast in the wrong County has now been codified. It was included as part of the bill Governor Rendell signed providing for automatic recounts in close statewide races. The Coalition is looking into seeking an injunction prior to Election Day. Also, in its infinite wisdom the legislature added wording saying that poll watches and poll workers are subject to $15,000 fines if they willfully commit fraud or allow fraudulent voting to occur. Just what we need when it is already difficult to recruit poll workers. Representative W. Curtis Thomas (D-181) may file a lawsuit on behalf of the NAACP concerning this.

The Coalition is promoting the sharing hotline information. There are two nationwide hotlines that people can call if they have problems on Election Day. One is 866-OUR VOTE (866-687-8683). Another is 1-866-MYVote1 (1-866-698-6831).

I am representing LWVPA on a number of advisory groups set up by Secretary Cortes on various aspects of HAVA implementation. A joint meeting of the advisory groups was held on September 14 which consisted mainly of an update by DOS officials on voting machines, polling place accessibility, alternative language accessibility, voter education, election official training and Election Day activities and voting rights. Under voter education a video and some PSAs were shown. Every county has a copy of the video in English and in Spanish. A power point presentation for election official training has been prepared. It was revealed that there is nothing in state law that requires election officials to provide assistance to those who need it.

REDUCING THE SIZE OF THE LEGISLATURE - Lora Lavin, Government and HAVA Implementation Specialist, lavin@steuber.com

Mary Larson and others from LWV/Allegheny Co., who are working on this, met with Senator Allen Kukovich (D39), who has introduced legislation on reducing the size of the legislature every session since 1978 when he was first elected to the House. He proposes to reduce the Senate to 40 seats (from 50) and the House to 125 (from 203). In 1999 he introduced an amendment which failed 22 to 28 which he considers a hopeful sign. However, he cautioned that the leadership in both the House and Senate are opposed. Kukovich says that the “few million dollars” saved by reducing the size of the legislature is insignificant. Rather it would make the legislature more “effective and efficient.”

The group has prepared a survey questionnaire which they would like to send to all members of the legislature along with some background information in support size reduction. This could be done in connection with the legislative interviews. I have also suggested they plan a caucus at State Convention.

BALLOT ACCESS - Lora Lavin, Government and HAVA Implementation Specialist, lavin@steuber.com

This is certainly a hot topic right now. Candy Dannaker of the Centre County LWV says this study is moving along slowly.

ELECTION DAY REPORTS - Lora Lavin, Government and HAVA Implementation Specialist, lavin@steuber.com

League members across the state were actively involved in various capacities on Election Day including serving as poll workers and poll watchers, fielding hundreds of calls to League telephones, staffing television and radio help lines, and giving rides to the polls. Some members signed up with their county election offices to serve as emergency poll workers if needed. League members in Northampton County helped staff phones for a local TV station to receive calls with vote counts from precinct reporters. Prior to the election the state office fielded numerous calls asking for information about election law. Our Executive Director, Bonita Hoke and I were actively involved in the PA Voters Coalition and also on several advisory committees formed by the PA Department of State to assist in implementation of HAVA (The Help America Vote Act). League members around the state helped with voter registration at shopping centers, high schools and colleges, school parent nights and fall street festivals. Some volunteered to help with county election bureaus deal with the flood of new registrations and absentee voter applications. We also had numerous invitations to speak to organizations about the election process. During Election Day and the week after the LWVPA office received reports from members of their experiences.

By far the largest number of calls to League and other help lines were from voters who wanted to know where to go to vote. Some but not all counties post polling place locations on their web sites. But even this is not always helpful without a list referencing ward and precinct numbers by address. This is especially true in the larger borough, townships and cities. The technology is available to provide information on line by entering a street address and should be a goal for future elections. In addition, every polling place should have this information so they can redirect voters who show up at the wrong place.
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There were complaints from people who thought they registered through PennDOT under the Motor Voter program only to find out on Election Day that they are not on the voter list. This was also the case with people who were registered by voter registration drives.

There were reports that people were not given the opportunity to cast a provisional ballot or discouraged from doing so if their name was not on the voter list. In Pennsylvania provisional ballots can be counted if cast in the right county but the wrong precinct for those offices that are common to both precincts. In some precincts poll workers were asking all voters to present IDs even though this is only required of first time voters in that election district.

There were many calls from patients or their relatives that were unexpectedly hospitalized after the deadline for applying for emergency absentee ballots. Right now voters who fall ill or are unexpectedly called away from home after the normal absentee ballot application deadline can apply for and execute an absentee ballot application on the Friday before Election Day. Unfortunately this does not help potential voters who fall ill over the weekend.

Because of delay in certifying the candidates for president, preparation of absentee ballots was delayed and many voters complained that their ballots had not arrived by the time they were leaving on trips. A call to one election office determined that such voters could go in person to the election bureau and cast a write in absentee ballot.

Long lines and long waits were a problem in many places. There is no way of knowing how many people were discouraged from voting as a result.. Some polling places opened late. There were some reports of voters being asked by poll workers to state their party affiliation even though this is not either necessary or proper in a General Election. .

Accessibility for the physically handicapped was also an issue. One woman who is in a wheel chair reported that she was told her polling place was accessible only to discover upon arrival that the entrance was not wide enough for her chair.
LOOKING AHEAD

It is clear from these reports that much need to be done at the legislative and administrative levels of state government to improve our election system and remove barriers to voting. Many of the rules e.g. absentee voting, accessibility for the physically handicapped, providing assistance in voting, purging of voter rolls, casting and counting provisional ballots, are difficult to understand and subject to unequal application depending on how they are interpreted in each county and even in each polling place. Voter and poll worker education is a continuing need. LWVPA will be working alone and with the PA Voter Coalition on these and other election issues

Eleven counties must still be included in the SURE (Statewide Uniform Registry of Electors) system. This could help with communication problems between PennDOT and county voter registration offices. Roughly a third of polling places are still not physically handicap accessible. Under HAVA all counties will be required to supply at least one handicap and alternate language accessible voting machine in very precinct. Counties that are using lever machines will have to completely replace their current voting equipment by 2006. Replacement of other systems currently in use is optional for counties provided that these systems are brought into compliance with HAVA. This includes punch cards and paper ballots. Under HAVA voting systems must provide a permanent paper record with a manual audit capacity, warn voters of under and over votes, allow voters to correct errors before their vote is cast and meet federal requirement for error rates. DOS is encouraging counties to purchase a single HAVA compliant voting system that can be used by all voters. Voter verification of ballots cast on DRE (Direct Recording Electronic) voting machines will be an important issue. DOS has taken the position that they have no authority under state or federal law to mandate VVPTs (Voter Verified Paper Trails).

As we move forward on these issues communication and action from the grassroots is very important. Counties still have a lot of latitude in how they carry out elections. I welcome your ideas, your concerns and your observations on what is happening locally.

After the full weight of the terms of the Pennsylvania Race Horse and Gaming Act
on July 4, 2004 was digested by the press, public and the many members of the
Pennsylvania General Assembly who really didn’t know what they were voting for,
several amendments were proposed.

On October 4th,the Senate passed an omnibus bill which would eliminate the ability of legislators owning up to one percent of a casino as well as the provision that slot machines be bought through a Pennsylvania distributor. The bill also gave the State Attorney General more power to investigate casino violations of the law in cases beyond the jurisdiction of the local District Attorney and allowed local zoning authorities power over site selection.

On Monday November 15, House Bill 1209 passed, keeping the Senate amendments that eliminate any ownership in casino operations by legislators and giving the State Attorney General a bigger role in prosecuting violations of the law by casino operators. However, they excluded the Senate amendment to give local zoning regulators power in site selection and the amendment to permit purchase of slot machines from distributors in states other than Pennsylvania, restoring the original Act 71 language on those two issues. They also included an amendment eliminating any constraints on corporate ownership of casinos.

Act 71, without amendments, gives complete power over site selection of casinos to the Gaming Control Board. Localities may only suggest their preferred sites. All slot machines must be purchased from a Pennsylvania distributor. Legislators may own up to one percent of gaming operations. The nominees to the Gaming Control Board not have to be confirmed by the Senate, so the results of the investigation into the background of the nominees are reported only to the person who nominated the candidate. Act 71 limited corporate ownership of a casino licensee to 33 percent ownership of any other casino.