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Agenda 10/27/2009 Item #16J 5Agenda Item No. 16J5 October 27, 2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopts and supports the attached position paper as part of Collier County's 2010 State Legislative Priorities as requested by the Supervisor of Elections. OBJECTIVE: To obtain the support of the Collier County Board of County Commissioners in adopting the attached position paper as part of Collier County's 2010 State Legislative Priorities package. CONSIDERATIONS: Federal and State legislation mandates that by 2012 a paper based voting system be in place for persons with disabilities. As a result, each Florida county will be required to purchase new ADA voting units for the 2012 election cycle. In lending support to the Supervisor of Elections Office and adopting the attached position paper as part of the County's 2010 State Legislative Priorities, it is hoped that the deadline to comply with the Federal and State unfunded mandate can be extended until 2016. FISCAL IMPACT: Federal and State legislation mandating that a paper based voting system be in place for those persons with disabilities by 2012 will have a resulting cost to Collier County in the approximate amount of $687,500. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and it does not present a legal issue —SRT. GROWTH MANAGEMENT INPACT: None RECOMMENDATION: That the Collier County Board of County Commissioners supports and adopts the attached position paper as part of Collier County's 2010 State Legislative Priorities package. Submitted by: Jennifer J. Edwards, Supervisor of Elections Date: October 21, 2009 - 6kwvG1 iJ, GWwJ Agenda Item No. 16JI5 October 27, 2009 JENNIFER J. EDWARDS Page 2of6 SUPERVISOR OF ELECTIONS Leo Ochs, Collier County Manager 3301 Tamiami Trail East, Bldg F Naples, Florida 34112 i� Dear .Ochs, The purpose of this letter is to ask for the support of the Collier County Board of County Commissioners in adopting the attached position paper as part of Collier County's 2010 Legislative package. The position paper is regarding the current requirement to change our ADA Voting Equipment by 2012. It has been mandated by Federal and State legislation that by 2012 a paper based system be in place for those persons with disabilities. Therefore, each county will be required to purchase new ADA voting units for the 2012 election cycle. At today's costs, the purchase of the ADA units for Collier County will be approximately $687,500. By lending support to the Supervisor of Elections Office and adopting the attached position paper, together we could possibly extend the deadline of this Federal and State unfunded mandate until 2016. Please read the attached position paper that identifies the counties and agencies, including the Florida Association of Counties, that have already joined in supporting this effort. The goal is to have all 67 counties listed as supporters. Leo, I want to thank you in advance for your support. Sincerely, .I Je , fer J. Ed ards Supervisor of Elections Cc: Board of County Commissioners Sen. Garrett Richter Sen. Larcenia Bullard Rep. Trudi Williams Rep. Tom, Grady Rep. Denise Grimsley Rep. Matt Hudson Rep. David Rivera CCREC Chairman, Carla Dean of z CCDEC Chairman, Steve Hemping Rev Dr Martin Luther King Jr Building • Collier Government Complex • 3301 Tamiami Trl E Bldg C2 Naples, Florida 34112 -4907 ,Im"C" Telephone: 239/252 -8450 • Fax: 2391774 -9468 Agenda Item No. 16,15 October 27, 2009 Page 3 of 6 Position Paper on Why We Want the Extension to 2016 In 2007 the Florida Legislature, at the request of Governor Charlie Crist and Secretary of State Kurt Browning, voted to make Florida a "paper ballot" state. For thirteen counties in Florida, this 2007 legislation resulted in the second voting system purchase since 2001 (punch cards to touch screens and then to optical scan). Part of the legislation (F.S. 101.56075) required the conversion of the ADA voting equipment to a "paper ballot" based system by 2012. The hope was that by 2012 additional ADA voting systems would be developed and certified in the state. The Federal 2002 Help America Vote Act (HAVA) required all counties to purchase a voting system for each voting location that would be accessible to persons with any disability. The majority of the counties purchased touch screens with audio ballots. At the time, touch screens were the only certified accessible voting system in the state. Currently, there is only one certified optical scan (paper) system that meets this requirement - the AutoMark. Today sixty -three (63) counties use touch screens and four (4) counties use the AutoMark. The Florida State Association of Supervisors of Elections has conducted a survey of the counties required to make the voting system change by 2012. The estimated cost will be nearly $35 million dollars. This does not include existing debt that many counties have incurred from the 2001 and 2007 voting equipment changes. The Association has been working with the disability community on accessible voting equipment since the enactment of HAVA, voter education on the accessible voting systems used on Election Day, and with concerns associated with the 2012 requirement. The disability community is disappointed that development of new technology, especially to encompass all types of disabilities, has not occurred since this legislation passed and that the AutoMark is currently the only "paper based" option available to election officials. Given the choice between continuing to use the touch screens or convert statewide to the AutoMark, the preference is to stay with the current systems in the counties and focus on encouraging voting system vendors and the Department of State to focus on development of a system that would serve persons with any type of disability during the voting process, especially with absentee ballots. The following believe that due to the economic pressures on Boards of County Commissioners around the state; the operational impact to Supervisors of Elections budgets; the fact that new technology has not developed to allow any person with any disability to vote independently; that an extension of this requirement be delayed from 2012 until 2016. Florida State Association of Supervisors of Elections Association Legislative position since 2008 Florida Association of Counties Included in the 2009 FAC Policy Statement Agenda Item No. 16,15 October 27, 2009 Page 4 of 6 Family Network on Disabilities of Florida Richard La Belle, Executive Director and member of the State HAVA Plan Committee disAbility Solutions for Independent Living, Inc. Julie Shaw, Executive Director and former Executive ADA Administrator, Governor's Working Group on the ADA Alachua County, Board of County Commissioners Mike Byerly, Chair Cynthia Moore Chestnut Rodney J. Long Paula M. Delaney Lee Pinkoson Bradford County, Board of County Commissioners Doyle Thomas, Chair Ross Chandler Lila Sellars John Wayne Hersey Eddie Lewis Clay County, Board of County Commissioners Wendell D. Davis, Chair T. Chereese Stewart W. Travis Cummings Douglas P. Conkey Ronnie E. Robinson Lee County, Board of County Commissioners Ray Judah, Chair Robert P. Janes Brian Bigelow Tammy Hall Frank Mann Miami -Dade County, Board of Coun District 1 Barbara J. Jordan District 2 Dorrin D. Rolle District 3 Audrey Edmonson District 4 Sally A. Heyman District 5 Bruno A. Barrerio District 6 Rebeca Sosa District 7 Carlos A. Gimenez ty Commissioners District 8 Katy Sorenson District 9 Dennis C. Moss District 10 Javier D. Souto District 11 Joe A. Martinez District 12 Jose "Pepe" Diaz District 13 Natacha Seijas Agenda Item No. 16,15 October 27, 2009 Page 5 of 6 Orange County, Board of County Commissioners Richard T. Crotty, County Mayor Scott Boyd Fred Brummer Mildred Fernandez Linda Stewart Bill Segal Tiffany Moore Russell Palm Beach County, Board of County Commissioners Jeff Koons, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Shelley Vana Steven L. Abrams Jess R. Santamaria Priscilla A. Taylor Sarasota County, Board of County Commissioners Jon Thaaton, Chair Norma Patterson Carolyn Mason Joseph Barbetta Shannon Staub Note: Sarasota County is one of the four counties using the AutoMark. Union County, Board of County Commissioners Karen Cossey, Chairman Morris Dobbs, Vice - Chairman Jimmy Tallman M. Wayne Smith Ricky Jenkins Updated 10/1/09 V COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 1 Agenda Item No. 16J5 October 27, 2009 Page 6 of 6 Item Number: 16J5 Item Summary: Recommendation that the Board of County Commissioners adopts and supports the attached position paper as part of Collier Countys 2010 State Legislative Priorities as requested by the Supervisor of Elections. Meeting Date: 10127/2009 9:00:00 AM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10121/2009 12:21 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 1012112009 1:05 PM file: / /C: \AgendaTest \Export \137- October 27, 2009 \16. CONSENT AGENDA \16J. OTHER... 10/21/2009