State election funding in jeopardy
By Herbert A. Sample Sacramento Bee  October 21, 2004
OAKLAND - California is in danger of losing $169 million in federal money earmarked for new voting machines and other election system upgrades because of concerns arising from Secretary of State Kevin Shelley's previous handling of federal funds.

DeForest Soaries Jr., chairman of the federal Election Assistance Commission, said Wednesday that his panel has received numerous complaints that Shelley's office is far behind in meeting several obligations set by the Help America Vote Act.

"We have information that suggests that the state may, in fact, not just be behind but be completely delinquent in not addressing some of the mandates," Soaries said in a telephone conference call with reporters. "It's our responsibility to verify the information."

 
 Soaries also said his panel is worried that several hundred thousand dollars in Help America Vote Act money that remains frozen by legislators will not be spent on next month's election. If the money is not expended by then, the state may fall out of compliance with federal rules, Soaries added.

The state's situation is so serious that one of the commission's four members, who planned to be in the state on Election Day to monitor voting activity, may arrive earlier to take a personal look, Soaries said.

Carol Dahmen, Shelley's spokeswoman, said California has complied with "all" mandates imposed by the Help America Vote Act, known popularly as HAVA.

"We're confident California will not be deprived of its share of HAVA resources going forward and will be a model of voting reform measured by expertise of our elections officials, the capabilities of our voting equipment and the accessibility of our voting processes," Dahmen said in a statement.

The Help America Vote Act was enacted in 2002 to provide $3.75 billion to states to purchase new voting machines, to increase voter education and poll-worker training, and to aid disabled, overseas and military voters, among other requirements. Soaries said California has received a total of about $180 million to date.

Each state submitted a plan explaining how it would meet the mandates and spend its HAVA money. After California certifies that it is in compliance with HAVA mandates at the end of the month, then it will be due another $169 million to prepare for elections in 2006.

But Soaries said that payment is jeopardized because of questions over whether previous HAVA funds were spent in accordance with California's plan and federal law.

The commission, he said, needs to "establish whether or not we can trust their certification. If (we) can't, the first thing we have to do is hold up the release of these funds."

He said several individuals and elected officials, whom he did not name, have contacted the commission with allegations of noncompliance with HAVA.

Among the assertions, he said, was that California has not established a statewide office to help overseas and military voters, and that it is lagging in the creation of a statewide voter database. Other complaints contend Shelley has not adequately worked to improve access to polling places by disabled voters or to increase poll-worker training, Soaries said.

The concerns mirrored the comments voiced about Shelley recently by several county registrars of voters.

"We have received a pretty good list of alleged failures relative to HAVA," Soaries said. "I was walking down the street one day and a guy just pulled me aside and said, 'Let me tell you about California.' "

"California, like one or two other states, deserves some very specific focus and attention," he added.

A letter Shelley sent last month in response to several questions submitted by the commission also set off alarms, Soaries said.

In the note, Shelley stated that taxpayer funds are being disbursed according to law. "If they are not," the San Francisco Democrat wrote, "I will take steps immediately to make sure that all federal HAVA funds are spent" appropriately.

The phrase "if they are not," Soaries said, "leaves the door open for the possibility that some things have happened that should not have happened."

In her statement, Dahmen said the secretary of state's office has "taken steps forward" to meet HAVA requirements on overseas and disabled voters, and poll-worker training. Shelley aides previously have conceded that the statewide database is behind schedule but said it will be ready by the January 2006 deadline.