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Commission sets chair vacancy timeline and orders HAVA compliance plan update

Elections Commission ยท March 12, 2026
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Summary

The commission directed the Office of Elections to post the upcoming chair vacancy (application deadline April 30) and voted to instruct the chief elections officer to prepare a HAVA-compliant state plan within 60 days after members cited missing federal-required elements in the current plan.

The Elections Commission discussed succession for the chair's seat, which will become vacant July 1, and voted to publish a public notice soliciting applications with a deadline of April 30. Commissioners debated whether interviews should be public or held in executive session; several public commenters urged an open process.

Separately, Peter Berninger and other complainants raised a formal HAVA-related complaint asserting that the state's HAVA implementation plan is not compliant with federal requirements. Several public witnesses and commissioners cited parts of the plan posted on the Office of Elections website that list items as "does not meet" federal requirements.

After discussion the commission passed a motion directing the chief elections officer to prepare and amend the state HAVA plan so it fully complies with current federal HAVA requirements within 60 days. The motion passed by roll call. Commissioners also attempted, but failed, to refer a separate set of complaints to the Department of Justice.

The chair announced that the vacancy notice will be posted and that the commission will accept applications through April 30; commissioners discussed setting an interview period and whether to use executive session for candidate interviews.

The meeting concluded with procedural votes and an adjournment; commissioners and members of the public urged the commission to move faster on audits and compliance matters to preserve public trust.