California's Plan for Voting in the 21st Century

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Section 1: Compliance with Requirements of Title II

Section 254(a)(1), page 72
How the state will use the requirements payment to meet the requirements of Title III, and, if applicable under Section 251(a)(2), to carry out other activities to improve the administration of elections.

Title III, commencing with Section 301 (page 96), sets forth “Uniform and Non-Discriminatory Election Technology and Administration Requirements.”

Below is a summary of the requirements of Title III of HAVA and how California will use the requirements payment to comply with that federal law. It should be noted that, pursuant to Section 305 (page 124), the specific choices on the methods of complying with the requirements of Title III are left to the discretion of the State.

A. Voting Systems Standards
Section 301(a), pages 96-102
Federal Law
HAVA requires that each voting system used in a federal election on or after January 1, 2006, meet each of the following requirements.

Balloting errors
The voting system must permit the voter to verify privately and independently the votes selected before casting a ballot and must permit the voter privately and independently to change or correct a ballot before it is cast, including receiving a replacement ballot.
Note that the requirement that a voting system permit the voter to verify the votes selected before casting a ballot may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the new requirements of HAVA.

Voter notice on overvoting and correction
The voting system must:

• notify the voter of an overvote (casting votes for more candidates than allowed);
• notify the voter of the effect of overvoting (i.e. the vote for that office will not be counted);
• provide the voter with the opportunity to correct the ballot, if he or she has overvoted.

Paper-based voting systems compliance
Paper-based voting systems, including absentee balloting systems, may meet the above requirements with:

• voting-system specific voter education programs notifying the voter of the effect of overvoting;
• instructions on how to correct a ballot before it is cast, including instructions on obtaining a replacement ballot; and
• system designs that preserve voter confidentiality.

Voting system audit requirements (pages 98-99)
The voting system must:

• produce a record with an audit capacity. The paper record produced shall be available as an official record for purposes of a recount;
• produce a permanent paper record with a manual audit capacity;
• allow the voter to correct any error before the permanent paper record is produced.

Accessibility for individuals with disabilities (page 99)
The voting system must be accessible to voters with disabilities, including voters with visual impairment, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

The above requirement is met by providing at least one DRE voting unit, or other voting system equipped for individuals with disabilities at each polling place.

All voting systems purchased with Title II funding after January 1, 2007, shall comply with these requirements.

Alternative language accessibility (page 99)
The voting system must meet all requirements of alternative language access of Section 203 of the Voting Rights Act of 1965 (42 USC 1973aa-1a).

Error rates (page 100)
The voting system must meet FEC guidelines (Section 3.2.1) for voting system error rates — errors attributable only to system errors, and not an act of the voter — in effect at the time of HAVA’s enactment (October 29, 2002).

Definition of vote (page 100)
Each state shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State.

Hava Compliance With Voting Systems Standards
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory, legislative, voting system certification and decertification processes, or otherwise, comply with HAVA, including the replacement of voting systems that do not comply. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,11 will, in conjunction with the consultation referred to above, in part:

• support, promote and encourage the use of direct recording electronic (DRE/touchscreen) voting systems, at polling places in California, and optical scan systems that are used for tabulating vote-by-mail ballots, that are compatible with alternative voting methods such as ranked ballot and cumulative voting;
• expeditiously certify new DRE voting systems that are compliant with state and federal laws;
• through the existing Voting Systems Panel, which makes recommendations to the Secretary on certification and decertification of voting systems, develop voting system standards and system audit requirements as required in HAVA and institute an ongoing process to manage changes to these standards and ensure uniform application of the standards for each voting system;
• develop and distribute voter education materials as appropriate to meet the requirements of Section 301(a)(1)(B) of HAVA;
• with the assistance of an advisory committee constituted for such purposes by the Secretary of State, ensure compliance with the accessibility and privacy requirements for individuals with disabilities, including ensuring that at least one DRE/touchscreen voting system is used in each California polling place pursuant to Section 301(a)(3)(B) and, with respect to in-person voting, that the voting system itself be located in a polling place that is accessible to voters with disabilities. Compliance efforts shall include monitoring polling places to determine accessibility and education of elections officials, poll workers, and voters with respect to the rights of all voters, including voters with disabilities. The Secretary of State shall consider, through established processes, decertifying paper-based systems, with respect to in-person voting, that are difficult to operate, which are prone to error with respect to voters with disabilities, or which do not provide equal access to the ballot. The Secretary of State shall consider, in consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, establishing a deadline for requiring that all in-person voting systems be accessible notwithstanding Section 301(a)(3)(B) (permitting compliance with accessibility requirements with only one DRE voting system at each polling place);
• continue to ensure that all voting systems provide alternative language accessibility pursuant to the requirements of the Voting Rights Act of 1965. The Secretary of State shall consider, through established processes, decertifying paper-based systems, with respect to in-person voting, that are difficult to operate, which are prone to error with respect to voters with language assistance needs, or which do not provide equal access to the ballot;
• consider, through established processes, decertifying systems and refusing to certify systems that cannot accommodate alternative voting systems, such as ranked ballots and cumulative voting systems, in a manner in which voters can easily understand;
• regularly evaluate voting systems to assess error rates, reliability and accuracy factors, accessibility to voters with disabilities, language assistance needs and literacy needs, and ability to accommodate alternative voting systems; work with local elections officials to share information and make improvements;
• develop, by regulation and/or by statute, a uniform and nondiscriminatory definition of what constitutes a vote and what will be counted for each voting system.

B. Provisional Voting
Section 302, pages 102-104
Federal Law
Section 302(a) (page 102) requires that “provisional voting” be permitted in federal elections on or after January 1, 2004. Under HAVA, if a voter’s name does not appear on the official list, or the elections official asserts the voter is ineligible, the voter is entitled to cast a provisional ballot as follows:

• Elections officials at polling place notify voters of the provisional ballot option;
• Voter executes written affirmation stating that he or she is a registered voter in the jurisdiction and that he or she is eligible to vote;
• The voted ballot or written affirmation information is promptly transmitted to appropriate state or local elections official for verification;
• If the information is verified, the ballot shall be counted;
• At the time the voter casts the ballot, the voter shall be provided with information about the existence of a free access system (e.g. secure, confidential telephonic or Internet-based system) that restricts access to information on individual ballots, so that only the voter who casts the ballot may determine her or his individual ballot status;
• State or local officials shall establish the free access system.

HAVA also requires (Section 302(c), page 106) that voters who cast ballots after the normal poll closing as a result of a Federal or state order, vote by provisional ballot that is segregated from regular provisional ballots.

Hava Compliance With Provisional Ballot Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA, including its provisional ballot requirements. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,12 will, in conjunction with the consultation referred to above, in part:

• develop uniform information and procedures on provisional voting, and voting generally, as required by HAVA, and take steps to ensure that elections officials, poll workers and voters thoroughly understand provisional ballot rights and procedures;
• ensure that the provisional voting system is designed so that individuals with disabilities can participate in the process as independently as possible;
• to the extent permitted by law, develop procedures allowing voters to cast a provisional ballot at the polling place upon signing a statement affirming the required information, without providing additional identifying documents;
• to the extent permitted by law, develop procedures whereby the information obtained to acquire a provisional ballot is sufficient to register the applicant to vote, if otherwise eligible, in future elections should it be determined that the person is not eligible to vote in the precinct for which the provisional ballot is sought or cast;
• develop procedures whereby a provisional ballot is counted provided that there is compliance with the verification procedures set forth in California Elections Code section 14310, or other applicable section or sections of State law;
• explore alternative methods of signature comparisons for establishing voter identity where signature change, physical disability or other circumstances prevent the signature from being used appropriately for verification;
• consider sponsoring legislation amending California Elections Code section 14310, or other appropriate section or sections, to comply with the written affirmation procedures set forth in HAVA section 302(a);
• consider sponsoring legislation amending California Elections Code section 14310(c)(4), or other appropriate sections, whereby a person’s provisional ballot is counted with respect to those candidates and measures for which the person is entitled to vote even if the provisional ballot is cast in the incorrect precinct or using the incorrect ballot type for that person;
• consider sponsoring legislation changing the name of “provisional ballot” to a less pejorative terminology;
• create, or oversee the creation of, in conjunction with local elections officials, a secure and confidential free access system for a provisional voter to determine if his or her vote was counted, and, if it was not counted, the reason it was not counted or develop procedures whereby every person who casts a provisional ballot is notified as to the status of that ballot in terms of whether it was counted or not counted, and if not counted, why it was not counted;.
• develop procedures for complying with the requirements that ballots cast after the close of the polls pursuant to a court order be provisional and be segregated;
• ensure compliance with Section 203 of the Voting Rights Act (42 U.S.C. § 1973aa-1a).

C. Voter Information Requirements
Section 302(b), pages 104-106
Federal law
Section 302(b) (pages 104-105) requires that, with respect to federal elections held on or after January 1, 2004, elections officials post specified voting information at each polling place on Election Day, including:

• a sample ballot for that election;
• the election date and polling place hours;
• voting instructions, including provisional voting instructions;
• mail-in registrant and first-time voter instructions;
• general voting rights information, including the right to cast a provisional ballot and instructions on how to contact appropriate officials regarding allegations of violations;
• general information on legal prohibitions on fraud and misrepresentation.

Hava Compliance With Voting Information Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer13 will, in conjunction with the consultation referred to above, in part, consider developing voting information in appropriate languages for posting at polling places and other appropriate places, and for printing in appropriate community-based and other publications, including specific information, such as the right:

• to replace a spoiled ballot;
• not to show identification in those circumstances where identification is not required as a matter of law;
• to receive assistance from others in specified circumstances;
• to bring a minor child into the voting booth in specified circumstances;
• to turn in an absentee ballot into any polling place in the county;
• to take time off from work without loss of pay in certain circumstances;
• to vote a provisional ballot in certain circumstances, and to find out whether the vote was counted and, if not, why not;
• to have sensitive personal information protected from illegal access and use.

The State will also, in part, ensure that the information posted at polling places by local elections officials includes all of the information required to be posted by HAVA and ensure that all information provided at polling places be accessible to the widest possible audience, including persons with disabilities, language assistance needs, and limited literacy skills.

D. Statewide Voter Registration Database Requirements
Section 303, pages 106-111
Federal law
Section 303 (page 106) requires that the Secretary of State, as Chief Elections Officer, implement, in a uniform and nondiscriminatory manner, by January 1, 2004,14 a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each such voter. The computerized list shall:

• be the official voter registration list for federal elections;
• serve as the single system for storing and managing the official list;
• contain the name and registration information of every registered voter;
• contain a unique identifier (DL number, partial SS number, or assigned number) for each voter;
• be coordinated with other state databases (Corrections, Health Services, DMV, other state social service agencies and Social Security);
• provide immediate, electronic access by any elections official in the state;
• allow for electronically entering data by any local elections official on an expedited basis;
• be supported by the State.

Maintenance of the official list shall be performed on a regular basis as follows:

• voters names shall be removed in accordance with NVRA (42 U.S.C. § 1973gg, Section 8, (a)(4), (c)(2), (d) and (e);
• ineligible voters shall be removed in accordance with NVRA for felony status (42 U.S.C. § 1973gg, 6(a)(3)(B)); for death (6(a)(4)(A)); or in accordance with state law;
• each registered voter’s name shall appear on the list;
• only ineligible voters or voters not registered shall be removed from the list;
• duplicate names shall be removed from the list;
• other reasonable efforts to remove ineligible voters, consistent with the NVRA (42 U.S.C. § 1973gg, et. seq.) that ensure eligible voters are not removed in error, including removing registrants who have not responded to a notice and who have not voted in two consecutive general elections for federal office shall be removed from the official list of eligible voters, except that no registrant shall be removed solely by reason of failure to vote.

Hava Compliance With Statewide Database Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,15 will, in conjunction with the consultation referred to above, in part, as soon as is reasonably possible, either modify California’s current statewide database (Calvoter) so that it complies with HAVA or establish a new statewide database that complies with HAVA, but in either case, shall:

• develop, operate, and implement a process to continuously support and improve a secure statewide voter registration database that is a single, uniform, centralized, interactive system that is defined, maintained, and administered at the state level;
• develop a database system that will interface with the State Department of Corrections to coordinate records on felony status of voters; with the State Department of Health Services to coordinate records on the death of voters; with the State Department of Motor Vehicles to verify driver’s license, California identification card and social security number information; and, when practical, with other appropriate databases such as those involving the disability, public assistance, student and other communities;
• develop a database system that will provide local elections officials with immediate access to the voter registration information;
• develop to the extent possible a database system designed so that state employees and others with visual disabilities can use it with as much ease and accuracy as possible and which is tested by individuals with visual disabilities as early as possible in the development process;
• develop a database system that will serve as the official voter registration list for federal elections;
• develop a database system that provides for the removal of individuals who are clearly ineligible to vote, in accordance with all state and federal laws, while ensuring that eligible voters are not erroneously removed from the registration list;
• develop guidelines and procedures to ensure that the matching of information about individuals in the databases used to verify voter information is conducted in a uniform manner, as carefully and as accurately as possible, particularly in cases where it may initially appear that a voter appears to be ineligible;
• develop guidelines and procedures addressing all federal and state requirements regarding the notification of voters whom the State is considering removing from the list of eligible voters;
• develop a program for training the personnel responsible for the maintenance of the statewide voter registration database which incorporates the following procedures and emphasizes: (1) the need for accuracy in the verification of voter information before voters are removed as eligible voters from the registration list, and (2) the importance of complying with federal and state notification requirements;
• consider sponsoring legislation for a comprehensive mechanism to notify an individual with respect to changes in status or failure in registration, or proposed purging of the individual from the database as an eligible voter and affording the individual a reasonable opportunity to present clarifying or correcting information;
• provide ongoing technical assistance to local elections officials regarding the statewide database;
• ensure that the database and the information contained therein are not subject to improper use;
• institute uniform safeguards for the protection of the confidentiality and privacy of information obtained about voters in the database system and those databases with which the voter registration database interfaces;
• ensure compliance with Section 203 of the Voting Rights Act (42 U.S.C. § 1973aa-1a).

E. Requirements For Verification of Voter Registration Information
Section 303, pages 111-117
Federal Law
Section 303(a)(5) (page 111), beginning January 1, 2004, or January 1, 2006,16 mandates specific requirements with respect to an application for voter registration for a federal election.
Such application may not be accepted or processed unless it includes the driver’s license number of an applicant who has been issued a current, valid driver’s license; or, if a valid driver’s license has not been issued the last four digits of an applicant’s social security number.
However, if an applicant has not been issued a current, valid driver’s license or a social security number, then the State shall issue a unique identifying number.

To the extent the State has a computerized list, this unique identifying number shall be the number assigned to the applicant for purposes of the computerized list.

The State shall determine whether the information provided by the applicant — driver’s license number or partial social security number (the last four digits) — is sufficient to meet the requirements of HAVA.

The Secretary of State shall enter into a cooperative agreement with the Department of Motor Vehicles, and the Department of Motor Vehicles shall enter into an agreement with the Commissioner of Social Security, to verify the accuracy of the information provided by the voter registration applicant, specifically:

• the applicant’s name — first name and forename or surname;
• the applicant’s date of birth;
• the applicant’s social security number;
• whether such records show the applicant is deceased

Nothing shall be construed to require provision of applicable information under exceptional circumstances, e.g. personal safety or interference with an investigation.

Hava Compliance With Requirements for Verification of Voter Registration Information
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,17 will, in conjunction with the consultation referred to above, ensure that the State complies with HAVA’s requirements with respect to the requirements for verification of voter registration information with respect to federal elections. In complying with these requirements, the Secretary of State will, in part:

• deem an applicant’s state identification card number issued by the California Department of Motor Vehicles to meet the requirements of a driver’s license number;
• to the extent permitted by law, establish a procedure for and rules requiring local elections officials to provide any person whose voter registration application is not accepted with written notice and an opportunity to correct errors or provide missing information;
• clarify, in legislation or otherwise, to local elections officials and voters how to appropriately complete the voter registration forms.

F. Special Requirements for Certain Voters Who Register By Mail
Section 303, pages 117-124
Federal law
Beginning January 1, 2004 (page 124), the State shall, in a uniform and nondiscriminatory manner, require proof of residence from a registered voter for purposes of casting a ballot in a federal election, if the voter registered to vote in a jurisdiction by mail on or after January 1, 2003, and has not previously voted in an election for federal office in the State, or has not voted in an election for federal office in the jurisdiction and the jurisdiction is located in a State that does not have a HAVA-compliant statewide voter registration computerized list.
If the voter meets these conditions, and he or she votes in person at a polling location, the voter shall, in order to vote, present to the appropriate elections official a current and valid photo identification or a copy of one of the following that shows the name and address of the voter:

• a current utility bill;
• a bank statement;
• a government check;
• a government paycheck;
• a government document.

If the voter meets these conditions and he or she votes by mail — absentee ballot — the voter shall, in order to vote, submit with his or her ballot to the appropriate elections official a copy of a copy of one of the following that shows the name and address of the voter:

• a current utility bill;
• a bank statement;
• a government check;
• a government paycheck;
• a government document.

Any voter subject to these requirements who votes in person and who does not provide proof of residence as required shall be provided a provisional ballot.

Any voter subject to these requirements who votes by mail — absentee ballot — and who does not provide proof of residence as required shall have their ballot treated as a provisional ballot.

Exceptions
Section 303(b)(3), page 119
The requirements for first-time voters to provide proof of residence shall not apply when any of the following apply:
1. The voter registers under Section 6 of the NVRA (42 U.S.C. § 1973gg—4) and submits as part of the voter registration a copy of a current and valid photo identification or a copy of one of the following showing the name and address of the voter:

• a current utility bill;
• a bank statement;
• a government check;
• a government paycheck;
• a government document.

2. The voter registers under Section 6 of the NVRA (42 U.S.C. § 1973gg—4) and submits as part of the registration (subject to state verification of the information, including the applicant’s name and birth date) a driver’s license number, or at least the last four digits of their social security number.

3. The voter is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. § 1973ff—1 et seq.).

4. The voter is entitled to vote other than in person by Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. § 1973ee—1).

5. The voter is entitled under federal law to vote other than in person.

Hava Compliance With Special Requirements For Certain Voters Who Register By Mail
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,18 will, in conjunction with the consultation referred to above, comply with HAVA’s requirements with respect to special requirements for certain voters who register by mail. In implementing these provisions, California will, in part:

ensure that elections officials, poll workers and voters understand clearly which voters are subject to the identification requirements; understand the procedures for soliciting, reviewing and processing identification, and advise individuals of their right to cast a provisional ballot when appropriate;

apply the identification requirements only to those who meet the specific criteria set forth in Section 303(b)(1), namely those who register by mail on or after January 1, 2003, and who have not previously voted in an election for federal office in the jurisdiction;19

define “register by mail” for purposes of Section 303 of HAVA to mean a voter registration card received by an elections official with a postmark indicating that it has been mailed by the registrant to the elections official;

as soon as possible, whether or not the Commission has promulgated voluntary guidelines, clarify for voters, local elections official, and poll workers, in a uniform and nondiscriminatory way, which forms of identification are acceptable to be used as valid identification as permitted under Section 303(b)(2)(A), construing such provisions of law broadly to permit the use of the identification to satisfy the requirements of HAVA, such clarification being incorporated herein by reference as if set forth in detail;

monitor the application of the identification provisions, including utilization of a hotline for the reporting of alleged illegal application of identification requirements;

ensure compliance with Section 203 of the Voting Rights Act (42 U.S.C. § 1973aa-1a).

G. Mail-in Registration Form Requirements
Section 303(b)(4), pages 121-122
Federal law
The voter registration form developed under Section 6 of the NVRA (42 U.S.C. § 1973gg-4) must include:

• the questions are you a citizen of the United States of America and will you be 18 years of age on or before election day;
• the statement: “If you checked ‘no’ in response to either of these questions, do not complete this form;”
• a statement informing the applicant that if the form is submitted by mail and the voter is registering for the first time, that additional information (a copy of documents for proof of residence; or a driver’s license number or partial social security number) must be provided to avoid additional proof of residence requirements at the time of voting.

If an applicant fails to answer the question: “Are you a citizen of the United States of America?” the registrar shall notify the applicant of the failure to complete the form and provide an opportunity to the applicant to complete the form in a timely manner.

Hava Compliance With Mail-in Registration Form Requirements
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,20 will, in conjunction with the consultation referred to above, develop uniform and nondiscriminatory procedures to meet the requirements of Section 303(b)(4) of HAVA.

H. Use of Requirements Payment for Other Than Complying With Title III
Section 251(b) (pages 65-66) permits the use of requirements payments only for complying with Title III, except that a State may use a requirements payment to carry out other activities to improve the administration of elections, if the state certifies that it has implemented the requirements of Title III or the amount expended with respect to such other activities does not exceed an amount equal to the minimum payment amount applicable to the State under Section 252(c), page 68 (one-half of one percent of the total amount appropriated for requirements payments for the year).

Hava Compliance With Use of Requirements Payment for Other Than Complying With Title III
In consultation with local elections officials and other interested parties, including an advisory committee constituted for those purposes by the Secretary of State, and after considering any voluntary guidelines adopted by the Commission pursuant to Subtitle B of Title III, California will, through the regulatory or legislative processes, or otherwise, comply with HAVA. In order to help restore the integrity of the voting process, increase the opportunity for all eligible citizens to participate in that process, and to comply with HAVA, the State, under the direction of the Secretary of State, as Chief Elections Officer,21 will, in conjunction with the consultation referred to above, determine how any funds available pursuant to Section 251(b) (pages 65-66) should be spent in order to improve the administration of elections for federal office in California.

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