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The Journal News.

N.Y. won't get new election machines this year

By YANCEY ROY

ALBANY BUREAU

February 28, 2006

ALBANY — It's virtually impossible to have new, electronic voting machines ready for the fall elections, meaning most voters will still be using old, lever-style machines, state officials said yesterday.

New machines can't be tested and certified any earlier than June, leaving too little time for counties to purchase the machines and train workers, said commissioners of the state Board of Elections. Commissioners said they would rather not rush the process at this point — even at the risk of a federal lawsuit — for fear of creating an election debacle.

"If we're forced to do it, or a judge forces us to do it," Commissioner Evelyn Aquila said, "we're going to have an election we'll never forget. It would be so terrible."

Most statewide offices, including governor, and all 212 legislators are up for election this year. The board postponed voting on regulations for new machines, an act that would have launched the bidding process for voting-machine companies. More time was needed to deal with issues of security, verification and testing, among other issues, commissioners said.

Ann Marie Kelly, Rockland's Democratic commissioner of elections, said she was relieved, but not surprised, to hear the county would not have to change its machines this year.

"Right from Jan. 1, I did not believe that there would be new voting machines for this election," Kelly said.

As the weeks went by, Kelly continued, it would have been that much harder for the chosen vendor to supply machines to all of New York's 62 counties.

New York was supposed to have electronic machines online for the 2006 elections, to comply with the federal Help America Vote Act. Federal officials have threatened to pull $49 million earmarked for New York to purchase new machines.

With a lawsuit looming, New York officials are discussing a possible settlement that could address at least one key element of HAVA: providing better access for the disabled. New York is considering two methods, including one that would direct disabled voters to the polls where they would then use a telephone system to cast a ballot.

New York eventually must replace the 22,000 lever-style machines. But board members said 2007 would be a better year, when there are few local elections and no statewide contests. The board could vote on machine regulations next month; companies could then begin to offer models for certification. That process, which covers independent testing of machines, might not be complete until June.

Voting-machine vendors have told board members it could take three to six months to have the machines ready to go — after certification. Counties, which will make their own purchasing decisions, could decide to make the switch for the fall. But it's unlikely any will, commissioners said.

"It's virtually impossible to replace the lever machines for 2006 without compromising the integrity of the election," Commissioner Douglas Kellner said. "Many states are having problems because they rushed HAVA compliance. ... Our goal is to do it right."

New York has trailed virtually every other state in complying with the federally directed elections overhaul. Chiefly, that's because state legislators and Gov. George Pataki bickered for three years before enacting a law in spring 2005 for the changes. In the end, they agreed to create a statewide voter database, but they failed to agree on a type of machine, instead giving that authority to the counties.

Of the $220 million in federal aid earmarked for New York, $49 million is for replacement of machines. Sooner or later, the lever-style machines must go because they violate federal mandates that disabled voters be able to cast a ballot unassisted. But for this year, the state may look for a short-term solution for disabled voters. Federal officials have been pressuring New York to meet the deadlines for new machines.

"The (U.S.) Department of Justice has been telling us every day for the last three weeks they were going to sue us if we don't agree," Kellner said. But he said the board didn't want an "Ohio or Florida where hundreds of thousands of voters lose their right to vote" because of a fouled-up system.

Activists agreed.

"It's simply too late to overhaul the system at this point. It would be a train wreck," said Bo Lipari of New Yorkers for Verified Voting, a group that supports the use of a paper ballot that would be electronically scanned much like a standardized school test.