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Rochester Democrat and Chronicle

May 30, 2006

N.Y. lagging in voter access

Most counties to have only one machine for disabled residents.

Joseph Spector

Staff writer

After the 2000 presidential-election voting flap, the federal Help America Vote Act was passed two years later, in part to provide people with disabilities better access at the polls.

But in New York, the slowest state in the nation to implement the federal requirements, better access may be turning into little access.

As part of a pending lawsuit settlement with the U.S. Justice Department, the state plans to have a limited number of new voting machines this year for disabled voters. Next year, the state plans to install more technologically advanced machines at every polling place.

The plan means that most counties, including Monroe, will likely have only one machine specifically designated to assist disabled voters. Monroe County plans to have the machine available somewhere downtown.

For some of the estimated 84,000 people in the county who live with a disability, the plan is troubling. While people could still vote at their regular polling places with the old lever machines or by absentee ballot, some said they were looking forward to voting on fully accessible machines.

"We were under the impression we would have a machine in every polling place," said Henrietta resident M.J. Schmitt, who is 74 and blind. "It seems very far from what we wanted it to be."

The lack of access this year is angering activists and local people with disabilities, who argue that New York's approach flouts the spirit of the law. More importantly, they question how people with limited mobility will be able to travel from around the county to only one voting place.

It is a concern that's being expressed statewide. New York City, for example, plans to only have one machine in each of its five boroughs.

"With this setup, they have really managed to please nobody and upset everybody," said Chris Hildebrant, director of advocacy services for the Rochester-based Center for Disability Rights.

Seeking compromise

Because New York is so far behind in complying with the federal laws, known as HAVA, by this year's deadline, state officials are scrambling to appease the U.S. Justice Department, which filed a lawsuit in March to force the state to meet the requirements. Part of the settlement calls for a limited number of new machines — likely a telephone-based system or a paper ballot scan — to be posted in each county. In most cases, it's just one such machine per county. What's also unnerving to all sides is that the money spent this year on new machines — estimated at $1 million statewide — will essentially be for a one-year system. Next year, elections officials expect to dump this year's new machines and replace them and all 200,000 lever machines in the state with a computerized voting system.

That fact, coupled with limited money, makes elections officials reluctant to buy many temporary machines for this year. Monroe County, for instance, plans to get about $7.8 million in federal aid to replace its 900 voting machines; so what it spends this year, it won't have for next year when it will have to replace all machines.

"Unfortunately, any money spent on this Plan B system will take away from the Plan A solution for the entire community," said Monroe County Elections Commissioner Peter Quinn.

Under the 2002 federal law, New York, like all states, were required to have the new machines in operation for this year's elections, which in New York means by the Sept. 12 primary. But because the state Legislature spent years fighting over the new regulations, elections officials conceded months ago that there was no way to meet HAVA requirements this year.

So the Justice Department sued and threatened to pull back some of the state's $220 million in federal funds. State elections officials hope a settlement will appease the Justice Department and at least give disabled voters a way to vote independently.

And elections officials say that if people are uncomfortable with the temporary machines or can't get transportation to the polls, people can still vote — either by having elections inspectors help them with the lever machines or through written absentee ballots.

"Some may decide to stay home with absentees," said Lee Daghlian, spokesman for the state Board of Elections. "Is this a good solution? Not really the best. But under the circumstances and the timelines with HAVA, it's probably the best (counties) can do at this point."

Most elections officials doubt many people will even use the temporary machines — even though counties will end up doling out about $10,000 to buy each machine and train staff.

Livingston County canvassed citizens who they thought might want to use the temporary machines, only to find out that few were interested. The county plans to have its one handicap-accessible machine available in Geneseo, the county seat.

"The majority of them aren't really interested in coming in to use this system," said county Elections Commissioner Susan Guenther. But she doesn't think the money is a waste. "There will probably be some people who will use them. It's not a waste to get people in to vote."

Possible solutions

Some state lawmakers are calling for the state to step in and buy more machines this year. Long Island Republican Sen. John Flanagan, chairman of the Senate's Elections Committee, proposed that $10 million be allocated, writing in a letter to fellow legislators earlier this month that the current plan is "wholly insufficient to meet the needs of voters with disabilities in New York state. I believe the state can do better."

Advocates for disabled people say there are questions about the effectiveness of the temporary machines. The state this week certified five machines, of which each county can then select one to buy. There are essentially two types: one that registers votes through a telephone system and another that does it through paper ballot.

But neither one will tabulate votes, meaning elections officials will still have to hand count each vote. Monroe County expects to use a paper-scan system.

Lisa Hoffman, a disability rights advocate for Regional Center for Independent Living in Rochester, tested some of the new machines last week and said they were not simple to use. In one case, she said, the paper ballot got stuck in the machine and she was unable to pull it out.

"It's just going to be a nightmare," Hoffman, who is blind, predicted for Election Day.

She said a chief goal of HAVA is to give eligible disabled voters equal voting access and ability, not impede them.

"Voters with disabilities may stay home now or vote by paper ballot," she said. "But that's not what being an American citizen is all about. People are supposed to be able to go out to the polls ... that's democracy."

JSPECTOR@DemocratandChronicle.com

What's at stake

Voting rights. Because New York is the slowest in the nation to implement federal Help America Vote Act regulations, election officials are trying to come up with a way to comply this year. But the result may be limited ballot access for people with disabilities.

What's next

U.S. District Judge Gary Sharpe in Albany is expected to rule any day on a settlement between the state and the U.S. Department of Justice to allow counties to have at least one new voting machine to improve disability access for the 2006 elections.

About HAVA

The federal Help America Vote Act was developed after the 2000 presidential election in Florida, which was decided by a margin of 537 votes after five weeks of recounts. The law requires states to have voting systems in place by this year's elections that can be used independently by disabled voters. Also, it requires a statewide voter registration database.

New York has neither.

A report earlier this year by the watchdog group Election-line.org. found that most states have made progress toward meeting HAVA requirements. Twelve states had failed to implement a statewide voter registration database, and 19 failed to provide accessible voting machines at each polling place.

Many states have also battled with private manufacturers of voting machines. Problems have included issues over election fraud and the concerns about being able to tamper with the machines. Moreover, companies have struggled to deliver the machines on time and in working order, leaving major questions about whether states will be prepared for Election Day.

New York, because it is last in the country to meet HAVA requirements, may be better off in the end because it can learn from other states' mistakes, said Doug Chapin, Electionline.org director.

"No one is ever going to admit that missing a deadline is a good thing," he said, "but they are going to have the benefit of watching other people walk across the minefield before them and then when they get there, they can step around the craters."

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