COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Assessor-County Clerk-Recorder

DATE:

August 8, 2002

BOARD MEETING DATE:

August 20, 2002

TO:

Honorable Board of Supervisors

FROM:

Warren Slocum, Assessor-County Clerk-Recorder

SUBJECT:

Authorization to Apply for Funding Pursuant to the Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act)

Recommendation

Adopt a resolution authorizing the Chief Elections Officer (Assessor-County Clerk-Recorder) to submit an application for available funding pursuant to the Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act).

Background

The Voting Modernization Bond Act of 2002 (Shelley-Hertzberg Act) (AB 56, Chap. 902, Statutes of 2001; adding Elections Code §§ 19230-19245) won voter endorsement (51.6% state, 60.6% county) as Proposition 41 in the March 5, 2002 election. The Act authorizes the state to issue bonds totaling as much as $200 million, exclusive of refunding bonds, to help counties purchase updated voting systems. A "voting system" is "any voting machine, voting device, or vote-tabulating device that does not utilize prescored punch card ballots."

A county is eligible to apply for funding if: (1) it has purchased a new voting system after January 1, 1999, and is making payments on the Act's effective date; (2) it matches fund moneys at a 1:3 ratio (county:state); and (3) it has not previously requested fund money to buy a new voting system. Applications to expand an existing system or components related to a previously approved application are also eligible. Eligible voting systems must be certified by the Secretary of State as meeting minimum specifications, including non-use of pre-scored punchcard ballots and the ability to produce a paper version or representation of the voted ballot for post-election recounts or contests. The filing deadline is September 3, 2002. Rejected applications may be revised and resubmitted. Currently, no provision allows initial applications after September 3.

Discussion

Funding applications and disbursements are administered by the Voting Modernization Board (VMB). Only last month, the VMB reached long-awaited agreement on the calculation formula for a county's maximum funding allocation. The fund will reimburse purchasing costs up to the maximum allocation amount, as long as the county has met at least one-third of those costs with its own funds. Thus, we could be reimbursed for costs up to $4,569,941 if we invested $1,523,313 of our own funds to purchase qualified voting system equipment.

The funding application package must include these components: (1) authorizing resolution or document from the county's governing board; (2) executive summary, (3) summary of the overall voting system modernization strategy; (4) summary of the project plan; (5) project schedule; (6) line-item cost detail; (7) statement of the amount and source of matching funds; (8) signed vendor agreement; (9) contingency plan in the event the proposed plan is not implemented; and (10) statement describing how the proposed plan complies with federal election reform laws (in the event federal law is amended prior to issuance of funding). The Chief Elections Officer will complete the application and ensure its timely submission.

This Board will note that the allocation formula was established only weeks ago. Late last month also brought us formal notification that our county has become subject to federal minority language voting rights laws, based on the latest census. Accordingly, as early as the November 2002 election, we must identify limited-English proficient eligible voters and develop targeted distribution methods to provide them Chinese and/or Spanish translations of voting materials and assistance. In this brief lead time, we have not yet finalized our specific plans for these funds. However, we believe it would be wise, particularly in view of these new federal requirements, to implement a touch-screen voting system throughout the county. Of course, the modernization plan we ultimately propose will be brought to your Board for review and approval.

The immediate, essential task before us is to secure this Board's authorizing resolution and to submit our timely application so that we preserve our right to our proper share of this fund. VMB rules do not now expressly negate the possibility that failure to apply by September 3, 2002 would constitute a waiver of the right to apply at a later date.

Vision Alignment

This request furthers County's progress toward its goals: (1) "realizing the potential of our diverse population" by keeping its commitment to "civic engagement, including voting and participation in public discussions of important issues;" (2) "supporting responsive, effective and collaborative government" by keeping its commitment that "County and local governments effectively communicate and develop strategic approaches to issues affecting the County;" and (3) "supporting leaders working together across boundaries to preserve and enhance our quality of life" by keeping its commitments that "residents express their support for regional, collaborative approaches to issues" and "accepting individual responsibility for contributing to the quality of life of the County as a whole."

Fiscal Impact

There will be no Net County Cost. Participation in this funding program will allow the County to qualify for reimbursement of purchase costs up to $4,569,941 in return for our initial investment of only one-third that amount from Departmental Reserves. Any future use of Departmental Reserves will be brought to your Board for review and approval.