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Mar 7, 2006

 

Voting machines: Now is the time to break the law

 

There is a well-known rule all newspaper editors learn early on in their careers — even when you delay the publication date, don't change the reporter's deadline. It's our industry's acknowledgment of what British historian C. Northcote Parkinson discovered when he studied the crown's civil servants:

“Work expands so as to fill the time available for its completion.”

 

This well-articulated piece of common sense became know as Parkinson's Law, and it's a dangerous legal reality New Yorkers should keep in mind now that state officials are trying to release themselves from a deadline to have new voting machines in place by this November. That news came last Monday, when state Board of Election commissioners announced it would be practically impossible to have new federally mandated machines in place by the 2006 state government and congressional elections. Even though officials expected it would trigger a federal lawsuit against the state - and the U.S. Justice Department delivered on that threat Wednesday — commissioners said they'd rather not “rush” the changeover from the decades-old lever-style machines.

 

It's important to keep in mind this rush began more than five years ago, when hanging chads in Florida stalled the 2000 presidential election. Congress followed with the Help America Vote Act, designed to modernize voter registration records and revamp the machines we use to cast our ballots to insure access and accuracy. Congress offered millions of dollars to the states to get the job done and set a November 2004 deadline for having the new systems in place. New York let that deadline pass without any significant action and got what the feds called a one-time extension to 2006. Faced with the need to do something before lawmakers went home for the year late last spring, the Legislature couldn't reach an agreement on what type of machines the state should use and how to make sure any vote is accurate - so they punted, sending the dirty work to the state Board of Elections. Facing forth and long with the clock running out this week, the folks at Elections are calling in their own kicking team as well.

 

The dangers here are obvious. Given Albany's inability to get this done in time to meet its first two deadlines, skeptical citizens might wonder if anything will get done now that the pressure of the 2006 election has been lifted. Of course, this federal lawsuit will mean taxpayers get to foot the bill for both sides to argue in court. Also, it's important to remember that more than $200 million to make the change in New York is supposed to come from Washington, so battles with the boys in D.C. could cost New Yorkers a whole lot of money - including the $49 million earmarked to pay for the new machines.

 

What may not seem so obvious is that the solution here comes with a renewed opportunity. After legislators sent the work to the Board of Elections last year, lawmakers established an advisory panel to help guide the change. Elections folks ignored the panel - which includes local Assemblywoman Barbara Lifton — and issued draft guidelines that swiftly came under fire from Lifton and others for everything from failing to insure counties have a choice between machines and not providing for sufficient public testing and paper trails to problems with language diversity to hacker security issues. Elections commissioners want the extra time to deal with these issues.

 

But now, instead of no deadline, the feds are demanding action in 30 days or all sorts of legal hell will break loose. Good. Hopefully that pressure will force state lawmakers - the ones who should be tackling this issue - to get back in the game and direct a clear path toward new machines by this November's election. Lifton has promised legislation to increase public access and security verification. Lifton and others have fought to make sure paper-based optical scanner machines remain an option for counties, which, under the current law, would have to decide what systems to buy in the end. Other advocacy groups have insisted that a quilt of different county systems is a poor idea and the state should have a single system to insure fairness and lower equipment and training costs. Obviously, long-delayed broad legislative directives can't push state bureaucrats to set a plan and meet a deadline. With the Justice Department breathing down their necks like an editor staring at an empty front page, it's time for legislators to settle the key outstanding issues and direct state officials to meet specific internal deadlines for reaching full HAVA compliance as soon as possible.

 

If lawmakers don't act, and stand by why the Board of Elections battle Washington for freedom from any deadline, officials will show once again that the only law that governs Albany is Parkinson's, and we'll all get to have this same debate when the next deadline hits.

 

Copyright ©2006 The Ithaca Journal.

All rights reserved.

 

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