Election reform, the Voting Rights Act, the Help America Vote Act, and related topics -- with special attention to the voting rights of people of color, non-English proficient citizens, and people with disabilities
Dan Tokaji's Blog Links
- Election Law Blog (Rick Hasen)
- Election Updates (Michael Alvarez & Thad Hall)
- electionline.org
- Votelaw Blog (Ed Still)
- Leave it to the Lower Courts: On Judicial Intervention in Election Administration, 68 Ohio State Law Journal 1065 (2007)


Thursday, January 27
More Bad News for Shelley
The Election Assistance Commission today voted unanimously to audit the State of California's use of HAVA funds, according to this story from the L.A. Times. A state audit last month found that he misused some of these funds, by using it to pay for employees and consultants to attend partisan events. This follows the California State Personnel Board's scathing report on Shelley's office earlier this week, noted here. Despite the unfavorable attention, Shelley insists he won't step down, even as six California newspapers call for his resignation.
Update: The EAC issued this press release on the audit:
The U.S. Election Assistance Commission (EAC) voted unanimously today to conduct a special audit of California's use of federal funding for election reforms under the Help America Vote Act of 2002 (HAVA). Specifically, the special audit will focus on approximately $27 million disbursed to California under Title I, Section 101 of the law that was managed by the California secretary of state's office. To date, the state has reported spending roughly $6.9 million of that amount.
"I am certain that Congress and the American voters expect EAC to conduct judicious review of state HAVA spending to ensure that these funds are being spent in full compliance with the law," said EAC Chair Gracia Hillman. "The California State Auditor's report of spending by the office of Secretary of State Kevin Shelley flagged a number of egregious issues that we felt need attention now rather than later."
EAC is authorized under HAVA to conduct special audits of how states spend their funding and request involvement of other federal entities in reviewing HAVA funding matters. Before taking today's vote on California, the Commissioners first adopted general policy for the conduct of special audits (to apply to all states). Special audits differ from regular audits in both their timing and scope.
Congress created the four-member EAC under HAVA, which authorizes $3.9 billion for states to enact a variety of election reforms, including the replacement of outdated voting equipment, the creation of statewide voter registration systems, the use of provisional ballots to ensure that eligible voters are not turned away and improvements to poll worker training and voter education programs.
Based upon the outcome of today's decision on the California special audit, EAC will move forward immediately to contract with another federal agency or private firm to carry out the California special audit. Further details, including a timetable for the release of the special audit results and report, will be available when the contract is established.

