http://www.newsday.com/news/opinion/ny-opnon284678638mar28,0,228765.story?coll=ny-viewpoints-headlines
Newsday.com
BY JOHN NONNA AND DAVID KOGELMAN
March 28, 2006
On March 1, just as New York State was on the brink of
finalizing the implementation regulations needed to buy the voting machines
that will be used by New Yorkers for the foreseeable future, the Department of
Justice sued the state. Its suit seeks to force New York to comply with the
Help America Vote Act's timetable, even though it had been clear for more than
a year that New York would not have the new voting machines in place in time
for the 2006 elections.
Justice's complaint that the state has failed to comply with
the act comes at the worst possible time. Albany is finally on the right path
to adopting regulations that will provide a reliable, trustworthy and secure
voting system. Now is not the time to derail the substantial progress that the
state has made and start over.
After the electoral disaster in Florida in 2000, Congress
enacted the Help America Vote Act in 2002. It provides for funding for every
state to modernize its voting system and requires them to acquire new machines
that make it easier for the disabled to vote. These new systems were to be in
place for the 2006 federal elections.
Last July, New York passed the Election Reform Act of 2005
with bipartisan support. Since then, the State Board of Elections has published
two drafts of implementing regulations. These regulations are crucial to
protect the accuracy, trustworthiness and security of voting in any system that
might be adopted by county boards of election.
The timing of this lawsuit was suspicious. It came just two
days after the review of the second draft by the state board and receipt of the
final suggestions for changes to the regulations. It also came just as the
board was preparing to seek suitable voting systems to comply with both federal
and New York law. Why is Justice suddenly in such a big hurry? Where is the
fire?
Justice also has been overly aggressive in its response to a
motion to intervene in this lawsuit by individuals and voter-rights advocacy
groups, including the League of Women Voters and New Yorkers for Verified
Voting. Unfortunately, last Thursday, a federal district court in Albany sided
with Justice and ruled against intervention by these representatives of the
public and local boards of election. This Thursday, the court will hear
arguments on a motion by Justice seeking a preliminary injunction to obtain the
ultimate relief in the case. This is an outrageous attempt to force the court
to decide the case before it has all the facts and before the public can be
heard.
With barely five months to go to primary day, it is nothing
short of fantasy for Justice to contend that an orderly process could be
successfully completed by then. Thousands of voting machines would have to be
purchased. Training materials and seminars would be needed for tens of thousands
of election workers. Political parties and the general public would need to be
educated in using a new system. These involve staggering logistics. No
responsible person would advocate doing all of this in such a short time.
If successful, Justice's action would force New York to
recklessly purchase voting systems that have inadequate security standards. The
state would quickly have to buy machines, some of which do not even exist as
working prototypes, and not test for flaws until later. The U.S. Election Assistance
Commission's testing and security standards were enacted only three months ago,
and no lab is yet set up to certify machines according to them.
New York legislators on both sides of the aisle recognize
that it is in voters' best interests to have a trustworthy election system, not
one vulnerable to computer hackers and corrupt insiders. The state has wisely
adopted laws requiring a permanent verifiable paper record of every vote cast.
The state should never surrender the protections afforded by this law to an
arbitrary calendar set in Washington. The press is full of reports of
disastrous results in other states including, as recently as this month, Texas
and Illinois.
Litigation is not the proper means to choose a voting
system. Too much is at stake to allow Washington attorneys to substitute their
judgment for ours. New York is being careful and responsible in making its
choices. It is in position to set the example and lead the nation in requiring
secure, reliable and trustworthy voting systems.
Essential to any democracy is the knowledge that each vote
counts and will be counted accurately. In defending or settling the precipitous
Justice lawsuit, New York State should not compromise this hard-won right. It
is unworthy of a great democracy.
John Nonna, left, is co-chairman of the steering committee
and David Kogelman is chairman of the Help America Vote Act committee of the
New York Democratic Lawyers Council, dedicated to ensuring
Copyright 2006 Newsday Inc.