Fiscal Note & Local Impact Statement
125 th General Assembly of Ohio
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STATE FUND |
FY 2005 |
FY 2006 |
FUTURE YEARS |
||
|
Secretary of State—General
Revenue Fund |
|||||
|
Revenues |
- 0 - |
- 0 - |
|||
|
Expenditures |
Potential increase for new
|
Potential increase for new
|
Potential increase for new
ADA compliance coordinator |
||
|
Secretary
of State—Election Reform Fund (Fund 3AA) |
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|
Revenues |
Up to $160,000,000 |
Remainder of
unappropriated HAVA Funds |
- 0 - |
||
|
Expenditures |
Increase of expenditures
to meet HAVA deployment plan |
Increase of expenditures
to meet HAVA deployment |
Increase of expenditures
to meet HAVA deployment plan |
||
|
Secretary
of State—2004 HAVA Voting Machine Fund (Fund 3AR)* |
|||||
|
Revenues |
Up to $27.25 million |
- 0 - |
- 0 - |
||
|
Expenditures |
Up to $27.25 million for
deployment of electronic voting machines in 2004 |
Potential increase to
complete deployment |
- 0 - |
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|
Secretary
of State—2005 HAVA Voting Machine Fund (Fund 3AS) |
|||||
|
Revenues |
Up to $79.25 million |
- 0 - |
- 0 - |
||
|
Expenditures |
Potential increase up to
$79.25 million for deployment of electronic voting machines in 2005 |
Potential increase to
complete deployment |
- 0 - |
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STATE FUND |
FY 2005 |
FY 2006 |
FUTURE YEARS |
|
|
Secretary
of State—Voter/Poll Worker Education Fund (Fund 3AT)* |
||||
|
Revenues |
$5,000,000 |
- 0 - |
- 0 - |
|
|
Expenditures |
$2,500,000 to distribute
to counties, $2,500,000 to conduct voter education programs |
Potential increase to
complete county distribution of funds and conduct voter education programs |
- 0 - |
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|
Secretary
of State—County Electronic Voting Machine Maintenance Fund |
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|
Revenues |
- 0 - |
Gain from unused moneys
from Fund 3AA, Fund 3AS, and Fund 3AT |
- 0 - |
|
|
Expenditures |
- 0 - |
Increase, depending on
county needs for voting machine maintenance |
Increase, depending on
county needs for voting machine maintenance |
|
Note: The state
fiscal year is July 1 through June 30.
For example, FY 2005 is July 1, 2004 – June 30, 2005.
* Appropriations made only if Controlling Board does not
approve funds for deployment of HAVA certified voting machines.
·
Permitting
state employees to work as judges of elections may result in a potential cost
increase if an agency uses overtime or outsourcing to complete that employee’s
work during his or her absence.
·
The
bill appropriates up to $27.25 million in FY 2004, and up to $79.25 million in
FY 2005 for the purchase and deployment of electronic voting machines.
·
Creates
four new funds within the Secretary of State's Budget, and lists certain
requirements placed on the office for the implementation of the Help America
Vote Act of 2002 (HAVA).
·
Gives
the Director of the Legislative Service Commission access to up to $350,000
from the Election Reform Fund to conduct security assessments on voting
machines. Unlike the other specified
transfers and appropriations, no Controlling Board approval is required.
·
Provides
for a transfer of funds in which counties will receive up to $2.5 million for
poll worker and voter education purposes from the Secretary of State's Fund
3AT.
·
Establishes
the position of Americans with Disabilities Act coordinator within the
Secretary of State's Office. As a
result, there will be a minimal increase in personnel costs borne by the GRF.
·
Creates
the county electronic voting machine maintenance fund, which will consist of
HAVA revenues that are not approved by the Controlling Board as of January 1,
2006.
|
LOCAL
GOVERNMENT |
FY 2004 |
FY 2005 |
FUTURE YEARS |
|
|
Counties |
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|
Revenues |
Potential gain of up to
$2.5 million for poll worker training and voter education, subject to
Controlling Board approval |
Potential gain of up to |
- 0 - |
|
|
Expenditures |
Potential increase up to
$940,000 or more in poll worker costs; increase in voter education program
costs |
Potential increase up to
$940,000 or more in poll worker costs; increase in voter education program
costs |
Potential increase up to $940,000
or more in poll worker costs; increase in voter education program costs |
|
|
Other Political
Subdivisions |
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|
Revenues |
- 0 - |
- 0 - |
- 0 - |
|
|
Expenditures |
Potential increase |
Potential increase |
Potential increase |
|
Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.
·
The
increase in per diem pay for judges may increase the costs for county boards of
elections.
·
Statewide
the annual increase in costs could be as much as $940,000 or more, depending on
the number of poll workers and the number of elections in a year.
·
Permitting
local government employees to work as judges of elections may result in a
potential cost increase if an agency uses overtime or outsourcing to complete
that employee’s work during his or her absence.
·
Allocates
$2,500,000 to counties to undertake voter education and poll worker training
programs, subject to approval of these plans by the Secretary of State.
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|
The bill revises current law
in the following ways:
·
Increases
the maximum per diem pay for individuals serving as judges of an election from
$85 to $95.
·
Permits
employees of the state and political subdivisions to work as judges of
elections, provided they are not election officials or public school teachers.
·
Allows
employees of the state and political subdivisions working as poll workers to
receive poll worker pay, in addition to their regular compensation. Political subdivisions must pass a resolution
permitting employees to receive regular compensation in addition to poll worker
pay. The director of a state agency
must also authorize the compensation for employees of the agency. Eliminates required ballot language
pertaining to local option elections dealing with the sales of alcoholic
beverages at a specific location.
·
Prohibits
public employers from engaging in collective bargaining with employees of
county boards of elections.
·
Establishes
new responsibilities for the Secretary of State and counties for the state plan
for deployment of new voting machine technology under the Help America Vote Act
of 2002.
·
Establishes
new state funds and appropriates $106.5 million for the purchase, deployment,
and maintenance of electronic voting machines.
The provision increasing the
maximum per diem pay for judges may increase the costs of an election to the
county. As of November 2002, there were
11,756 voting precincts in the state of Ohio.
Each precinct employs approximately four, but can have as many as six
judges per election. Assuming each
precinct employs only four judges per election, compensates judges at the
current maximum rate of $85 per diem, and that these precincts compensate
judges at the increased rate established in the bill, there is a potential
increase in cost of $470,240 per election.
Assuming two elections per year, the potential annual increase would be
$940,480. Potential costs would be
higher than this if there are more than four judges or more than two elections
in a year. The bill also allows for pay
raises for election judges based on the following conditions:
-
In
any county where a judge was making $85 or less, judges may receive a pay raise
of 9%.
-
In
any county where a judge was making between $86 and $95, judges may receive a
pay raise of 4.5%.
The bill allows state and
local government employees to serve as election judges. Terms and conditions must be set forth by a
board of county commissioners, legislative authority of a political
subdivision, or head of a state agency.
These conditions must include a standard procedure for deciding which
employees are permitted leave with pay if multiple employees decide to serve as
a judge of elections. If no such terms
and conditions are set forth, employees of state and local governments may use
personal leave, vacation leave, or compensatory time, or take unpaid leave to
serve as judge of elections. Prior to
the day of the election for which the employee will serve as a judge, the
employee must notify his or her regular employer in writing of the employee's
decision to serve as judge of elections at the particular election. The employee must also indicate whether he
or she chooses to receive either the compensation paid to the judge of
elections, or the employee's regular compensation for that day. The employee shall not be considered to have
been absent from work the day of the election or required to charge the time
that the employee other wise would have worked to vacation or any other type of
paid leave. The employer shall notify
the board of elections of the employee's choice of compensation. If employees chose to receive their regular
compensation, the county could see a decrease in costs for poll worker pay.
These provisions could
result in a potential increase in costs if the state agency, county, or other
political subdivision elects to permit leave with pay for employees, and then
uses overtime or outsourcing to complete the work of those employees during
their absence.
The bill prohibits
collective bargaining between county boards of elections and their
employees. The Legislative Service
Commission contacted 15 county boards of elections. All indicated that Lucas County is the only county that is known
to engage in collective bargaining.
Unionization can lead to collective bargaining costs, and potentially
higher salaries. The bill could reduce
or prevent these costs.
HAVA Provisions
Pursuant to guidelines in
the Help America Vote Act (HAVA) of 2002, the Secretary of State will receive
federal funds to meet the federal requirements of the act, as well as
supplement any additional state requirements.
This revenue gain will be utilized for the state of Ohio to become
compliant with the requirements of HAVA, as well as comply with any additional
state requirements listed in this bill or otherwise.
The bill requires the
Secretary of State's Office to establish the full-time position of Americans
with Disabilities Act (ADA) coordinator.
This position will assist the Secretary of State with ensuring there is
equal access to polling places for people with disabilities, assist with
ensuring that each voter may cast the voter's ballot in a manner that provides
the same opportunity for access and participation, advise the Secretary of
State in the development of standards for the certification of voting machines,
marking devices, and automatic tabulating equipment, and report annually to the
General Assembly on the progress of these duties. The ADA coordinator will be a position within the Secretary of
State's office and the compensation of this position will result in an increase
of costs for the Secretary of State.
The Secretary of State is authorized to request from the director of
Budget and Management, a transfer from the Election Reform Fund (Fund 3AA) to a
GRF appropriation item within the Secretary of State's budget for the
compensation of the ADA coordinator.
The Secretary of State's office must establish standards for the certification of voting machines with a voter verified paper trail component. The standards shall include, but are not limited to:
·
A
definition of a voter verified paper audit trail as a paper record of the
voter's choices that is verified by the voter prior to the casting of the
ballot, and is securely retained by the board of elections.
·
Requirements
that the voter verified paper trail shall contain information that can be
optically scanned, shall not be retained by the voter, and shall not contain
individual voter information.
·
A
prohibition against the production of any direct recording electronic voting
machine of anything that legally could be removed by the voter from the polling
place.
·
A
requirement that paper used in producing a voter verified paper audit trail be
sturdy, clean, and resistant to degradation.
The Secretary of State will experience increased costs resulting from the additional certification process for certifying machines with a voter verified paper trail component.
The board of voting machine
examiners and the Secretary of State shall not approve or certify any marking
device that is not accessible for individuals with disabilities, including
nonvisual accessibility for the blind and visually impaired, in a manner that
provides the same opportunity for access and participation as for other
voters. The marking device must not
provide to the voter any type of receipt that may be retained after leaving the
polling place. In order to satisfy this
provision, the Secretary of State or board of voting machine examiners may have
to purchase marking devices that are more expensive in order to meet these
requirements.
The bill also places
restrictions on the approval and certification of voting machines by the board
of voting machine examiners or Secretary of State. The machines must be accessible for individuals with
disabilities, including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity for access and
participation. It must not provide the voter
any type of receipt or confirmation, which can be retained after leaving the
polling place. After January 1, 2006,
if the voting machine is a direct recording electronic voting machine, it shall
include a voter verified paper audit trail.
There will be increased costs in providing the machines that meet these
requirements. There will also be costs
associated with retrofitting all direct recording electronic voting machines
that were purchased before January 1, 2006 and do not have a voter verified paper
audit trail component. These costs will
be dependent on vendor capabilities to produce such a device, and the
predetermined amount that the Secretary of State's office will appropriate per
machine that requires retrofitting.
New Funds Created by Bill and Specified
Transfers
The bill creates the County
Electronic Voting Machine Fund in the state treasury. All moneys received pursuant to the Help America Vote Act of 2002
that are not approved for release by the Controlling Board as of January 1, 2006,
shall be deposited in the state treasury to the credit of the fund.
Four new funds are created
within the Secretary of State's budget.
The Voter/Poll Worker Training Fund is the first created. The bill will transfer $5,000,000 to this
fund from the Election Reform Fund. Of
this appropriation, the Secretary of State shall use $1,500,000 to conduct a
statewide voter education and poll worker training program, subject to
Controlling Board approval. The
remaining $2,500,000 will be allocated to the counties for the same
purpose. Each county will receive a
base amount of $5,000, and the remaining $2,060,000 will be distributed to the
counties on a per capita basis. The Secretary
of State may use up to $1,000,000 of its appropriation for the development,
implementation, and certification for standards of Voter Verified Paper Audit
Trail (VVPAT) systems.
After January 1, 2005, the
Secretary of State may seek Controlling Board approval for the release of an
additional $2,500,000 from the Election Reform Fund (Fund 3AA). In order to obtain this release, the
Secretary of State must demonstrate that it is necessary for the implementation
of additional voter education and poll worker training. Of this $2,500,000, the Secretary of State
must distribute $1,250,000 to the counties on a per capita basis. However, the $1,250,000 will not be released
to the counties until those counties have submitted a voter education plan to,
and had that plan approved by the Secretary of State.
The second fund created is
the 2004 HAVA Voting Machine Fund. The
bill states if no Controlling Board action has been taken as of the effective
date of this act, that the Director of Budget and Management shall transfer an
amount not to exceed $27,250,000 from the Election Reform Fund to the 2004 HAVA
Voting Machines Fund. This transfer
shall be used for the deployment of HAVA certified voting systems in 2004.
The third fund created is
the 2005 HAVA Voting Machine Fund, which is to be used for the deployment of
HAVA certified voting systems in 2005.
As of the effective date of the bill, the Director of Budget and
Management shall transfer an amount not to exceed $79,250,000 from the Election
Reform Fund, to the 2005 HAVA Voting Machine Fund. The bill also states that any unspent and unencumbered money from
the 2004 HAVA Voting Machine Fund that was not required for replacement or
upgrades shall also be transferred into the 2005 HAVA Voting Machine Fund. The 2004 HAVA Voting Machine Fund will be
abolished at that time.
The fourth fund created is
the County Electronic Voting Machine Maintenance Fund. All unspent moneys from the Election Reform
Fund (Fund 3AA), the 2005 HAVA Voting Machine Fund (Fund 3AS) and the
Voter/Poll Worker Education Fund (Fund 3AT) shall be transferred to this fund
after full implementation of HAVA has been completed in all counties. The purpose of the fund is to pay for
counties' ongoing expenses associated with voting machine maintenance. All expenditures requested by the Secretary
of State must be presented in a plan that is to be approved by the Controlling
Board.
Finally, the bill specifies
that the Director of the Legislative Service Commission may use up to $350,000
from the Election Reform Fund (Fund 3AA) created in the Controlling Board in
2003. This appropriation is to be used
to conduct studies on the security of electronic voting machines.
LSC fiscal staff: Terry Steele, Budget Analyst