From Nancy Tobi, Milford, NH

(To our NH Representatives and to the members of the House Admin Committee)

I am writing to ask you to oppose the Holt Bill in its entirety. HR 811 contains many dangerous provisions that, if implemented, will destabilize our national election systems and subvert our democratic processes and our ability to have citizen oversight over our elections:
• It has a huge unfunded mandate (estimated $4 billion to pay for the text conversion devise alone) that will send our cities and towns deeply into debt.
• It mandates nonexistent, untested and uncertified equipment (text conversion device) for use in the 2008 elections.
• It makes permanent the EAC and thereby centralizes electoral regulation and control, giving unprecedented and undemocratic power to the White House over nation's elections.

One analysis indicates that in order for our state to comply with the EAC-recommended and Holt-mandated text conversion requirement, it would have to do some or all of the following in time for the 2008 elections:
• Completely redesign its ballot, possibly in a technology-friendly but non-voter-friendly manner
• Revise its election laws to support the new ballot design and technology
• Purchase entirely new election equipment for the entire state

The destabilizing effect these actions would have on the state of New Hampshire and the ability of its citizens to exercise their Constitutional rights to vote in free, fair, and open elections would be multiplied as each state across the nation attempts to comply with these requirements according to its own particular election configurations.

The EAC as an entity composed of four presidential appointees, even in an officially non-regulatory role wields inappropriate power over our national elections through its voting equipment certification program and its “voluntary” voting system guidelines. According to a recent GAO report, up to 44 states require compliance with federal voting system guidelines, which effectively makes the EAC program regulatory. In addition to the affront this manifests to our concept of decentralized power, the EAC voting system guidelines and certification program place an emphasis on technology over democracy, proposing high tech, high cost, pie in the sky solutions that are unworkable and will destabilize our election systems nationwide. This is a national security threat we can not afford. The EAC must be abolished per the HAVA directive to sunset it in 2006. Any necessary and positive functions it serves can be reassigned as shown below.

The untenable and unworkable nature of the Holt Bill proposals are evidenced in its universal rejection by all state and local election officials as represented by the National Association of Secretaries of State, the National Conference of State Legislators, and the National Association of Counties. They unilaterally understand the unfunded costs required to implement this bill, the unrealistic timelines, and the threat it represents to state sovereignty.

I am asking you to oppose this bill completely, to not offer any amendments, but rather to work with us on better and more realistic solutions that will further election integrity for the Granite State and the rest of the nation.

Suggestions for alternate legislation may be found in the references below.

Sincerely,
Nancy Tobi

The EAC's functions, as described on its website, are listed here in bulleted format, with suggested handover to other entities in ALL CAPS:
* Generate technical guidance on the administration of federal elections. – HAND OVER TO NIST & STANDARDS BOARD
* Produce voluntary voting systems guidelines. – HAND OVER TO NIST & STANDARDS
BOARD
* Research and report on matters that affect the administration of federal elections. – HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
* Otherwise provide information and guidance with respect to laws, procedures, and technologies affecting the administration of Federal elections. – HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
* Administer payments to States to meet HAVA requirements. – HAND OVER TO GENERAL
SERVICES ADMINISTRATION
* Provide grants for election technology development and for pilot programs to test election
technology. – ELIMINATE THIS FUNCTION.
* Manage funds targeted to certain programs designed to encourage youth participation in elections. – HAND OVER TO FEC
* Develop a national program for the testing, certification, and decertification of voting systems. – HAND OVER TO NIST & STANDARDS BOARD
* Maintain the national mail voter registration form that was developed in accordance with the
National Voter Registration Act of 1993 (NVRA), report to Congress every two years on the
impact of the NVRA on the administration of federal elections, and provide information to States on their responsibilities under that law. – HAND OVER TO FEC
* Audit persons who received federal funds authorized by HAVA from the General Services
Administration or the Election Assistance Commission. – HAND OVER TO GAO
* Submit an annual report to Congress describing EAC activities for the previous fiscal year. – HAND OVER AS APPROPRIATE TO ENTITIES PICKING UP FUNCTIONS AS DESCRIBED ABOVE

References:
Request by Voters: Alternate legislative recommendation

Concept proposal for federal election reform legislation

Nancy Tobi podcast interview with Bob Fitrakis of Ohio's FreePress,org: (Audio podcast: Why mandated equipment in Holt does not exist and will not exist in time for their mandated 2008 timeline and what this means to the nation)

Why the Election Assistance Commission must be abolished: Centralized executive power and bloodless coups

What's wrong with the NEW Holt Bill (HR 811)? (13 bulleted points)

National Association of Counties and National Conference of State Legislatures urge Congress to oppose federal election reform (why state and local election officials and legislators oppose the bill)

Approach to Federal Legislation (why top state election officials oppose Holt)