The possibility of the U.S. Supreme Court handing Utah a 4th congressional seat isn't the only election conundrum posing headaches and concern here.

Election officials and lawmakers have their eyes on Congress as well, waiting to see what possible changes may be handed down in national legislation that could further stretch an already strained state budget.

Both the House and Senate have proposals that would mandate election changes at a hefty financial price.

The Senate version, for example, would require special voting equipment for the visually impaired at every polling location.

In Utah, that would mean a separate voting machine throughout its 1,900 voting districts with multiple polling places.

Lt. Gov. Olene Walker, Utah's election czar, said the state has money set aside in the next fiscal year to purchase some of that equipment but not enough to meet the bill's dictates. The machines cost an estimated $4,000 apiece, and Utah has just $140,000 in the kitty.

The congressional legislation, if passed, would require all punch card equipment be replaced by 2004. In Utah, 23 counties use punch cards for voting.

Although both pieces of legislation carry with it matching federal dollars that would flow to the states, Walker said Utah's financial commitment even after the match could reach $20 million.

"Many of our counties cannot afford the changes, and in our state budget crisis, I am not sure it is a top priority when we are cutting education and other departments," Walker said. "Quite frankly, when that equipment is used only once a year, I don't know of any counties that are willing to put up the money for it."

Walker said her office wants to work closely with disability advocates in moving forward with putting the machines in some pilot locations in both rural and urban counties.

"We want to make sure we accommodate people who have disabilities," said state election's director Amy Naccarato. "We want to make sure they have access to voting."

Still, Naccarato worries about the extensive requirements the measures could bring.

"It seems a bit out of our reach. We know these are things we will have to do; they are reasonable. But it is a matter of coming up with the money."

As it stands now, voters who are visually impaired must rely on a trusted relative or friend to accompany them to the booth to cast a vote. It poses privacy issues, but Walker said her office has not had complaints from Utahns demanding changes.

Walker acknowledges the separate equipment would address the privacy issue, the bill's mandate would also mean two distinct systems in each polling place using computers that would somehow have to be linked.

"Our counties provide most of the funding for voting equipment. Certainly it would mean a horrendous expenditure for counties like Rich, Daggett, Piute and Wayne. Those are the counties still using paper ballots."

The election reform measures are in response to the bungled balloting in Florida during the 2000 presidential contest between Al Gore and George Bush. In the wake of a controversy pocked with lawsuits and recounts and with victory waiting in the wings for a nervous nation, congressmen have led the charge saying states need to clean up their acts to avoid future problems.

Some states, however, have resisted, saying that the governance of elections is largely a local concern and should remain in their purview.

Utah, which Walker said has never experienced a case of election fraud, is among those resisting.

"Obviously states don't like mandates and we would certainly fall in that category," Naccarato said. "But the main issue is money. We have all been hearing enough about the budget."

Naccarato won't know if Congress is able to settle on a compromise until later this summer.

Election officials and the state's legal experts are also keeping tabs on a number of possible changes that may result from courtroom battles in other states.

In California and other states, in the aftermath of the presidential ballot crisis, courts have ordered the abandonment of punch cards.

While the decisions are not binding on Utah, they could set a legal trend that eventually makes its way here.

Other states are grappling with allegations that a voter's equal protection guarantees have been violated because of vote counts that use varied systems.

The idea is voters who don't have access to more sophisticated equipment less prone to errors don't enjoy the same assurance their vote "counts" as those who do use the more accurate equipment.

View Comments

In action brought just recently, the Department of Justice is seeking remedy against Mississippi, Florida and Tennessee, accusing those states of failing to accommodate voters of different racial and ethnic backgrounds.

In Utah, Walker said her office has not received complaints of discrimination or language barriers caused by practices at the voting booths. Still, she acknowledged the justice department's actions have implications for Utah, with its growing Hispanic population.

Although the Department of Justice requires states with certain percentages of minorities to make language accommodations, Utah hasn't yet reached that threshold.


E-MAIL: amyjoi@desnews.com

Join the Conversation
Looking for comments?
Find comments in their new home! Click the buttons at the top or within the article to view them — or use the button below for quick access.