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Mad rush for new voting machines is mad indeed

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

 

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