Subject: Message from Alan Dechert re: Major voting modernization proposal -- looking for lawyer(s) to participate
From: Rick Hasen
Date: 6/6/2003, 3:40 PM
To: Alan Dechert <adechert@earthlink.net>, election-law@majordomo.lls.edu

Alan Dechert wrote:

----- Original Message -----
From: Alan Dechert <adechert@earthlink.net>
Date: Friday, June 6, 2003 10:14 am
Subject: Re: Major voting modernization proposal -- looking for lawyer
(s) to participate

To the academic lawyers interested in election law:

I am the project developer on a very large voting modernization 
project.Our proposal has not received funding yet but it's looking 
more likely every
day that it will.  The current proposal is a recasting of the UC 
Berkeleyproposal for the state of California that I co-authored 
(dated 2 May 2001)
with Henry Brady, Political Science Professor and Director of 
Berkeley'sSurvey Research Center and UC Data.  We are now going 
for a nationwide
study, bringing in researchers from several schools across the 
county.  We
also plan to employ some of the top election system consultants, 
such as Roy
Saltman, author of the two best known books on election technology.

The current draft of the proposal can be found here:

http://home.earthlink.net/~adechert/proposal2.rtf

Note in particular the section about the Election Rules database.  
We intend
to document every rule or procedure in place in all jurisdictions 
in the
U.S.  Attached to this database will be a "problem report" 
database.  This
is the part for which we need some lawyers.

For one thing, we'll need someone to take charge of the problem report
database.  For now, I will call this person the PRO (Problem 
Reports Owner).
The PRO will not normally enter problem reports but sh/e will 
certainly able
to do so and probably will enter some from time to time.  Mostly, 
problemreports will come from researchers that notice some issue 
needing attention
and resolution having to do with election law.  The PRO will 
review the
reports as they are entered and assign them to another lawyer.

Here's an example I just made up:
-------------------------------
Suppose a researcher notices some irregularities in the way 
counties and
states purge deceased voters from the voter files.  The county sends
election materials to a couple and the husband writes back and 
says, "my
wife is deceased."  What do the election people do?  Remove the 
deceasedvoter from the voter file without further checking?  If 
they have to verify
the death, how do they do that?  HAVA now calls for a statewide 
voter file.
What's the procedure?

The researcher would write up the issue and post it to the 
database.  The
PRO would review it and assign it.  The lawyer to whom this 
problem is
assigned would not necessarily be advocating any particular way of 
handlingthe situation.  Mainly, the lawyer would document in 
detail how it is being
handling and what the law says about it in the various states and 
counties.The lawyer would communicate with all relevant elections 
people and
legislators (if necessary) to bring attention to the issue.

To minimize communication costs, I think [almost] all 
communication should
be via email.  I could see a single issue like this involving many 
thousandsof emails over a course of several years.  All of these 
emails would be
indexed in the problem report database.  How many issues like this are
there?  Thousands?  It's a massive undertaking.  It needs to be 
done, so
let's do it.


WHAT I'M ASKING YOU TO DO
----------------------------------
If you are interested, please read the proposal.  Feel free to 
call me with
any questions.  Send me an email stating what you propose to do 
and how much
time you can devote and how much compensation you expect in 
return.  This
can be brief.  As the proposal goes through more iterations, we 
may ask for
more detail.   Let me know if you are interested in the lead 
position (PRO),
or not.  I would like to see at least a one year commitment.  We 
expect that
most of the work on the whole study will be completed within a 
year, but the
Election Rules database will be on-going (at least 5 years).

FUNDING
----------------
I have strong indications from people in the know that HAVA money 
should be
available in the fall to fund our work.  There is also a good 
chance for NSF
money and foundation money.  We are looking to receive a modest 
planninggrant very soon so that we can complete the proposal this 
summer and the
project can begin full force in the fall.  We are not doing this 
work for
free, but we will employ volunteers as much as possible.  Somewhat
arbitrarily, I have included 250,000 paid hrs for student 
researchers for
the study.  I ask for your help defining faculty hrs and 
compensation.  At
this point, we don't have a very good estimate of what it will 
cost ($10
million guestimate) but the idea is that we grab as much of the 
HAVA money
we can and get as much of the work done as we possibly can do.  If 
we do a
good job, we'll be able to get all the money we need to finish the 
work.
QUALIFICATIONS
------------------------
Please notice that the general level of qualifications for 
participants is
quite high.  I am probably the least qualified but then I'm not 
really doing
anything other than pulling the people together.  I will be 
updating the
proposal soon to include the fact that Berkeley economist Michael 
Hanemannhas joined the team.  You don't necessarily need to be one 
of the top
experts at one of the top schools, but it wouldn't hurt.  Mainly, 
we want to
see some enthusiasm for the project and we want to see evidence 
that you
understand the task at hand.

FURTHER READING
----------------------------
You might want to read these pages too for more background on the 
project:
http://home.earthlink.net/~adechert/

http://home.earthlink.net/~adechert/votingstudydialog.txt

Alan Dechert 916-791-0456