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May 19, 2006

 

County to Choose Voting Technology Preference

By Jeremy Schwartz

 

As a result of ongoing negotiations between the New York State Board of Elections and the U.S. Department of Justice (DOJ), counties across the state will likely have to state a preference for a voting system before the certification process is complete, possibly as early as June.

 

In March, the DOJ filed suit against the state, alleging that it had failed to comply with provisions of the 2002 Help America Vote Act, including the adoption of voting technology accessible to the disabled and a statewide voter database.

 

The lawsuit threatened to pull more than $49 million in federal funds earmarked to the state for the purchase of new voting machines if compliance was not forthcoming.

 

In early April, the State Board of Elections filed an interim plan for HAVA implementation, which the DOJ agreed to on April 28. Under the agreement, the state must submit a plan by June 15 detailing the type of handicapped voting device to be used by disabled voters in the fall elections.

 

Additionally, by July 15, the state must submit a long-term plan for HAVA compliance, including the stated voting machine preference for each county.

 

According to New York State Board of Elections Spokesman Bob Brehm, the state is currently in the process of certifying disabled-accessible voting devices for use in the fall primaries, to be followed by testing of permanent technology that would be used by all voters.

 

The two dominant technologies are optical scan/paper ballot and direct recording electronic machines (DRE). With optical scan, a voter marks a paper ballot, which is then fed into a machine for processing.

 

Both technologies provide a paper trail of each ballot cast that can be used in the event of a re-count. Proponents of optical scan say the technology is less expensive than DRE machines and less susceptible to fraud and technical malfunction.

 

With computerized DRE machines, voters use a touch screen to cast their ballots.

 

Advocates of DRE contend that while the upfront costs of the technology are greater, the need to purchase paper ballots as well as handicapped-accessible ballot-marking devices make optical scan the more expensive option.

 

A ballot-marking feature is included with DRE machines but not with optical scan/paper ballot.

 

On May 12, a group of Dutchess County Legislators and advocates for optical scan machines gathered outside the County Office Building, calling for Legislature Chairman Brad Kendall (R-Dover/Union Vale) to allow a resolution, requesting the county’s election commissioners to select optical scan, onto the Legislature’s June agenda.

 

Kendall, who said it was inappropriate for the Legislature to put political pressure on the commissioners, pulled the resolution off the agenda.

 

“This is not a political issue. (The Legislature) has a responsibility to make sure that each person’s vote in this county is counted,” said Assistant Minority Leader Sandy Goldberg (D-Wappinger).

 

Kendall said he did not foresee the resolution being placed on the June agenda either.

 

“The main reason is the State Legislature does not give the County Legislature any jurisdiction in this matter. (If legislators have opinions or concerns) they are more than welcome to talk to the election commissioners themselves,” said Kendall.

 

Legislator William McCabe (D-LaGrange/Union Vale/Wappinger) said the Legislature should offer its opinions on voting machine technology to the county Board of Elections.

 

“(The Board of Elections) is the only department directly under the Legislature’s control; I think it’s entirely appropriate,” he said.

 

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