http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20060306/OPINION01/603060311/1015

 

So sue us

 

By THE JOURNAL NEWS

THE JOURNAL NEWS

(Original Publication: March 6, 2006)

 

It really is hard to figure Washington sometimes. Take the Justice Department. It has sued New York — like the whole state — for failing to comply with the Help America Vote Act. Talk about touchy.

 

HAVA was passed by Congress, made up mostly of non-New Yorkers, four years ago. The law is supposed to help the 50 states, evidently including New York, avoid becoming the next Florida 2000, or, in other words, a laughingstock of the democratic world. Supporters of Al Gore and Joe Lieberman still complain that were it not for dollar-store-quality voting machines, voting officials' negligence and, just perhaps, outright election thievery, their guy would have the cushy seat on Air Force One.

 

Really.

 

HAVA was supposed to make elections, you know, fair. It allocated millions of dollars for the purchase of new voting machines, required election venues be more accessible to people with disabilities and ordered states to set up statewide voter-registration lists — which, as an aside, might have come in handy in 2004, when scores of Yonkers voters were disqualified for voting in the wrong place. This was key to deciding the tightly contested 35th District Senate race.

 

For some reason, the pushy Congress set actual deadlines for accomplishing these tasks. What they didn't do, and this is just the sort of detail Congress often overlooks, is issue an engraved invitation to Albany explaining that the deadlines also applied to New York. Big mistake. New York has thus taken its sweet time complying (hence that lawsuit from the Justice Department).

 

In particular, our Legislature heeded the generous advice of the voting-machine makers and, specifically, their lobbyists, and allowed each individual county in New York to pick its own style of voting machine. This was only fair, as the manufacturers spent more than $1 million lobbying state lawmakers to pick their machines. No one should go home completely empty-handed.

 

But this process had meant more delays and more problems and . . . blah, blah, blah. Bottom line: New York is "the worst," Dan Seligson of Electionline, a national nonprofit group that monitors elections, told our Albany bureau, "New York is now farther away from complying with HAVA than any other state."

 

What's next? Some sort of settlement, no doubt. New York can't very well jump through all of HAVA's hoops in time for the September or November votes; there would be rioting at the polls in the event of wholesale malfunctions. Indeed, some states, the ones that apparently received their golden invitations, discovered in testing that their newly purchased voting machines performed as poorly as Florida's. Their should be no, er, rush now to new disaster with new machines (as if Albany had to be told twice).

 

But there's still plenty of time for Albany, even without Washington prodding, to bolster accommodations for voters with disabilities.

 

Additionally, there has never been any excuse for the state's failure to produce the statewide database or voter lists necessary for ensuring that all eligible voters, no matter their county of residence, can be property directed to their proper voting place. This was a big problem in the bungled 35th Senate District vote, which took months to decide.

 

Both steps, we hope, would go some way toward getting humorless Washington off our case. There's no need, after all, for New York to be No. 1 — in the race toward Florida's election bottom.

 

Copyright 2006 The Journal News, a Gannett Co. Inc. newspaper serving Westchester, Rockland and Putnam Counties in New York.

 

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