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"... touch-screen machines are highly vulnerable to being hacked or maliciously programmed to change votes. And they cost far more than voting machines should." --New York Times editorial, March 9, 2005

Making Lemonade out of Lemons: Our problem is lack of citizen participation. The solution is to start participating! The NYC Board of Elections meets most Tuesdays at 1:30 at 42 Broadway. Come and watch government in action. Click here
The NY State Board of Elections meets according to their schedule posted at www.elections.state.ny.us

What Can New Yorkers Do?

Table of Contents
1.0. Announcements
2. NY, as of now
7.a. News and Documents, 2008
1.1. Voting Systems Certification
3. What We Want
7.b. News and Documents, 2007
1.2. Contact NYS officials
4. Facts About Electronic Voting
7.c. News and Documents, 2006
1.3. Cost Reports
5. What To Do (NY State)
7.d. News and Documents, 2005
1.4. Timing Studies, Wait time to vote
6. What To Do (NYC)
7.e. News and Documents, 2003-2004
1.5. School District Elections

8. Voting System Equipment
1.6. Bought & Sold, E-Voting in NY

9. Historical Documents
1.7. Vendor Irresponsibility

10. Photos
1.8. DOJ Lawsuit

11. Briefing Packets
1.9. NYS wants to use DREs as BMDs


Stay informed! Subscribe to:
Daily Voting News (national daily) Email to DVN@votersunite.org
Election Integrity News (national weekly) Email to contact@votetrustusa.org
New Yorkers for Verified Voting (NY state, breaking news and alerts). Email to contact@nyvv.org
Minutes, NY State Board of Elections here

Definitions:
PBOS -- Paper Ballots, Optical Scanners, and ballot-marking devices for voters with disabilities or minority languages.
DREs -- Direct Recording Electronic touchscreen or pushbutton computerized voting machines

1.0. Announcements

State Board of Elections to meet at noon, Fri. Feb. 8, 2008
Citizen Attendance Needed
Emergency meeting to carry out Justice O’Connor’s orders regarding the list of approved voting machines for 2008.

NYC Board of Elections Evaluation Report on BMDs
Report, presented to Commissioners on Feb. 6, 2008

Premier (formerly called Diebold) sues, court puts their accessible AutoMark on list of accessible BMDs
Judge orders Premier AutoMark on approved list, Feb. 6
Affidavit by Buck Jones of Premier, Feb. 6
Allison Carr Letter to Judge O'Connor, Feb. 6
Republicans move to dismiss, Feb. 4, includes as yet unpublished transcripts of the State Board's official meetings, beginning page 35.
Premier goes to court and on Feb. 1 the judge orders arguments to be held Feb 5. Premier wants the court to overrule the State Board Republicans' letter of Jan. 29 and to put Premier's AutoMark back on State Board's list of approved BMDs

ES&S sues, court puts their accessible AutoMark on list of accessible BMDs
Judge signs Order to put ES&S AutoMark on approved list, Feb. 6, 2008
ES&S Order to Show Cause With Stay, Feb. 5, 2008
ES&S Order to Show Cause, Feb. 5, 2008

Avante sues, court puts their inaccessible DRE on list of accessible BMDs
Judge orders State Board to put Avante DRE on approved BMD list, Feb. 6, 2008
Avante Petition, Feb. 6, 2008
Avante Order to Show Cause

Liberty sues for court to hold State Board in Contempt
Judge O'Connor's signs the motion, Feb. 6, 2008.

Liberty sues, court puts their inaccessible DRE on list of accessible BMDs
Judge O'Connor's decision, Feb. 4, 2008, puts Liberty's DRE on the list of approved BMDs.
Appellate Court Denies Democrats' Motion to Stay Judge O'Connor's decision, Feb. 7, 2008. Also, Liberty's motion against the motion by Democratic State Commissioners Kellner and Aquila motion is denied because it is therefore unnecessary.
Liberty documents
Affidavit of Matthew Clyne, Democratic Election Commissioner of Albany County, Feb. 7, 2008, in support of Liberty DRE-BMD
Blind Justice, Bo Lipari's blog on the court's bad decision which ignores the facts and makes bad law.
Press Release, NYVV, NYPIRG, and LWV urge Spitzer and Cuomo to Support Optical Scan Voting Machines, Feb. 5, 2008
Affidavit in Opposition, Douglas Kellner, Jan. 31, 2008
Liberty's court papers (Article 78 Petition), January, 2008
After oral argument on Jan. 28, 2008, Albany Supreme Court Justice Kimerbly O’Connor denied Liberty’s application for a temporary restraining order compelling the State Board of Elections to include Liberty on the list of approved ballot marking devices. However, on Feb. 4, she issued her decision which was shockingly bad. Read Bo Lipari's blog Blind Justice.

Jan. 29, 2008--It's not over yet! Republicans nix AutoMark!
Letter from State Board to County Boards, Jan. 29, 2008

Jan. 24, 2008--Brief Victory for Citizens & Paper Ballots at State Board of Elections
A Victory for Election Integrity in New York, Bo Lipari, Jan. 24, 2008
State picks optical-scan machines, Ithaca Journal, Jan. 24, 2008
NY board chooses new voting machines for handicapped, Newsday, Jan. 24, 2008

Breakdown at State Board of Elections
R's want inaccessible DRE approved as accessible BMD

Breakdown at the Board, Protecting vendors, not voters, Bo Lipari's Blog, Jan. 24, 2008
Review of Machines submitted as BMDs, Bo Lipari, Jan. 17, 2008
Problems with LibertyVote Accessibility Features, Bo Lipari, Jan. 22, 2008
News Release, Civic Organizations on State Board deadlock, Brennan Center for Justice, League of Women Voters of New York State, New Yorkers for Verified Voting, New York Public Interest Research Group, Jan. 23, 2008
Board of Election at Loggerheads: R's want a DRE, D refuses, Times Union, Jan. 24, 2008
Commissioner Aquila in surgery, Co-Executive Director Kosinski resigns, Newsday, Jan. 23, 2008

Orgs send letter to State Board, Jan. 22, 2008
Letter
Brennan Center blog page, explains where we are as of Jan. 22, 2008
Brennan Center, League of Women Voters of NYS, Common Cause NY, New Yorkers for Verified Voting and NYPIRG sent a joint letter to the New York State Board of Elections to oppose any effort to permit the authorization or purchase of full-face DREs as ballot marking devices.
State Senator Liz Krueger Calls on Commissioners to choose BMDs that are compatible with OpScans

Bo Lipari's Blog
Breakthrough at the Board? NY Could Vote on Paper Ballots, Jan. 20, 2008

Decision On Voting Machines Will Be Made Before Feb 8!
Due to the US Dept of Justice lawsuit to force NY State to replace our mechanical lever voting machines, NY State's county election commissioners have until Feb. 8, 2008 to choose what to buy for their county. Their choices are:
(1) voter-marked paper ballots, accessible "Ballot Marking Devices" (called "BMDs") for voters with disabilities, and precinct-based Optical Scanners (also called "ballot scanners"), or
(2) electronic voting machines (called "touchscreens" or "Direct Recording Electronic voting machines" or "DREs").
NY State reached a compromise with the federal court--if our counties provide Ballot Marking Devices in each poll site in 2008, we can wait till 2009 to replace our lever machines.
BUT our State Board of Elections has recklessly redefined "Ballot Marking Devices." Now they say that DRE touchscreen voting machines can serve as Ballot Marking Devices!
Let's be clear - DRE touchscreens are not Ballot Marking Devices -- they do not provide accessible verifiable voting for voters with disabilities. But if county commissioners choose to buy DREs for use as Ballot Marking Devices, this choice will use up most of the funding available for new voting machines.
If your county selects DREs on Feb. 8, 2008, your county will vote on touchscreen voting machines.
Concerned New Yorkers can help by notifying your county election commissioners of the importance of choosing a voting system based on voter-marked paper ballots, and by putting the media spotlight on this issue.
It is urgent that you contact your county election commissioners in writing before the end of the January, and send a copy of your letter to all local newspapers and county legislators.
Please use this letter -- copy it, fill in your info, print it, and send it to your county election commissioners, and your local media and county legislators:
For New York City Residents: please send 10 letters, one each to our ten commissioners (we have one Dem and one Repub from each of the five boroughs. All letters can be sent to the address below the names:
Commissioner James J. Sampel
Commissioner Frederic M. Umane
Commissioner Anthony Como
Commissioner Julie Dent
Commissioner Nero Graham Jr.
Commissioner Terrence C. O'Connor
Commissioner Juan Carlos “J.C.” Polanco
Commissioner Nancy Mottola-Schacher
Commissioner Gregory C. Soumas
Commissioner Maryann Yennella

Board of Elections in the City of New York
Executive Office
32 Broadway
New York NY 10004-1609

New Yorkers who do NOT live in NYC: Contact information for NY State's county election commissioners
State Board of Elections
Please act now! The decision whether we will vote on touchscreens
or voter-marked paper ballots will be made in the next few weeks!
New Yorkers for Verified Voting's action page:
NYVV Action Page

NY County Lawyers' Assn's Cyberspace Law Committee presents
Do the 'Ayes' Have It?
A Post-"Super Tuesday" Look Again at Vote-Counting Technology and Election Integrity
SPEAKERS
Douglas A. Kellner, Esq.
Co-Chair, New York State Board of Elections and
former Commissioner of New York City Board of Elections
Rebecca Mercuri, Ph.D.
Forensic Computing Expert Witness, Notable Software, Inc.
Election-related testimony includes Bush v. Gore and other recounts Contributing Editor, Communications of the Association for Computing Machinery Extensive writings on voting and computer security
Mark Crispin Miller
Professor of Media, Culture and Communication at NYU and Author of The Bush Dyslexicon and Fooled Again: The Real Case for Electoral Reform
Professor Penny M. Venetis
Clinical Professor of Law and Co-Director of the Constitutional Litigation Clinic at Rutgers School of Law-Newark
Lead counsel for plaintiffs in Gusciora v. McGreevey, seeking to enjoin use of electronic voting machines that did not provide a verified voter paper ballot
Allan R. Pearlman, Esq. will be the Moderator and Program Chair, Appellate Attorney, Law Office of Allan R. Pearlman
DATE/TIME: Tuesday, February 12, 2008 - 6:00 PM
LOCATION: NYCLA Home of Law - 14 Vesey Street (between Broadway and Church Street)
FREE
RSVP: vfeliciano AT nycla.org and write "February 12 forum" in Subject line. NYCLA Events are free and open to the public. For wheelchair access, a ramp is provided. Please call 212-267-6646 at least one day in advance to make arrangements.

Voice of the Voters! Radio/Internet Program of Jan. 9, 2008
(Archives at www.voiceofthevoters.org)
Doug Kellner, Co-Chair, NY State Board of Elections, said that
1. Liberty and Avante DREs have been fitted with full-face ballot printers, and thus they could be certified as BMDs.
2. Paper ballots and optical scanners are much less expensive than DREs.
3. Counties have not yet fully grasped that they will have to recount the paper trail or paper ballots from 3% of their equipment, and recounting with paper ballots would be much easier.
Summary of Kellner's Remarks

Must Read!
Transcript of Federal Court Session on Dec. 20, 2007. Are these guys serious? Did anyone prepare?

Letters to send
NY State Board of Elections, to adopt a fee-waiver policy , more info
Governor Spitzer, to lead our state to paper ballots

Report of 12/12/07 State Board Meeting
Three companies have submitted applications for Plan A and Plan B testing which will be conducted simultaneously: Avante submitted a DRE and OpScans; Premier (Diebold) and ES&S submitted OpScans. No completed applications for Plan A have been received. The Board agreed to give priority for testing to BMDs. BMD testing is estimated to take at least 6 to 8 weeks. The testing lab, Systest of Colorado, has not yet provided a test plan/schedule for BMDs. The State Board's first meetings with Systest will be a three-day meeting starting Dec. 18, 2007. All vendors have objected to the 30-day requirement for production of their product, saying that such a short timeframe is not do-able.

OGS announces bidding for BMDs, Office of General Services, bidding opens Nov. 19, 2007

Draft BMD Requirements
Comment was needed by Oct. 5,
Posted on State Board of Elections website
NYVV comments on the Draft RFP, Oct. 5, 2007

Onondaga County won't use BMDs
Voters with disabilities can't use paper ballots because county won't use their Ballot Marking Devices. Syracuse Post-Standard, Oct. 13, 2007

andi novick's challenge to New Yorkers
Who'll Stop the Train (Wreck)?, Reject Theft-Enabling Voting Computers! Oct. 11, 2007
original posted at OpEdNews
webpage for sending letters

Status of NY State, as of Oct. 11, 2007
Status quo in voting booth but voter registrations can be checked online Journal News, Oct. 11, 2007
Sharp Divide Over Voting Machines Times Union, Oct. 4, 2007
Another delay expected in N.Y. voting machine switch PressConnects, Oct. 3, 2007
Transcript, State Board Meeting, Sept. 20, 2007

ECA letter
Election Commissioners' Assn of the State of NY to the State Board, Sept. 19, 2007
WheresThePaper.org comment: The ECANY is now playing the role of speaking for all New York's county election commissioners, although in the past it said it was a "voluntary" organization in which commissioners could choose whether to become members or not, and therefore it was not subject to open meetings laws, etc.
"All commissioners are cognizant of the growing concerns the public has with new voting technology..." --page 5. It sounds like they have recognized the problems with DREs, but many commissioners assert that DREs and Optical Scanners have the same levels of problems, while the truth is that in November, 2006 , out of 1026 trouble reports, DREs accounted for 760 of them, or 74%.

Sept. 18, 2007--Action was taken to oppose DREs to be used as accessible ballot markers for voters with disabilities
REPORT--OVER 3000 FAXES WERE SENT. THE ISSUE IS QUIET AS OF OCT. 8, 2007.
Best activist quotes:
"Stop putting lipstick on a pig--a touchscreen voting machine is a touchscreen voting machine, and no amout of pretending that it's an accessible ballot marker changes that!"
"The evidence is in, we want paper not touch screen voting machines!"
"Start with paper, stick with paper!"
"Stop finding excuses for using touchscreen voting machines."
Watchdogs Want To Block Touch-Screen Voting, New York Times, Sept. 19, 2007.
NY asked to reject ATM-style voting machines, Legislative Gazette, Sept. 24, 2007.
NYS behind in compliance with federal voting law, WNYT Albany Channel 13, Sept. 19, 2007
Critics slam plan for disabled voting equipment, Newsday, Sept. 19, 2007.
11 organizations' letter to State Board
Brennan Center letter to State Board
Explanation--
. . . The NY State Board of Elections had proposed a dangerous plan that would allow uncertified DREs to be used in polling places around the state in 2008. The proposal would have allowed DREs to be used without full certification testing required under NY regulations that citizens fought so hard for.
. . . The Board's proposal would have allowed a DRE to be used in each polling place as an accessible voting machine, using the VVPAT as the official ballot. But since a DRE's VVPAT cannot be read back or verified by the voter in any way other than direct visual observation, a DRE fails to satisfy even the basic requirement of allowing all voters to verify their ballots. This means our state Board of Elections was considering allowing an inaccessible DRE to be used as an accessible voting device!
. . . The Board's proposal would have bypassed the full and thorough testing process that is guaranteed to New York State voters by law. In light of all we have learned from other states about the massive failures of DREs, New York activists sent over 3000 faxes to the State Board to prevent this from happening.

Voters Per Machine--Comment Period ends Sept. 17, 2007
Proposed Draft 6210.19 Regulations for Number of Voters per Machine
NYVV explains why 550 voters per machines is bad, 40 pages.
6 page version
The State Board's proposal to assign 550 registered voters to each DRE would result in 71 minutes average wait time, 142 minutes longest wait time.
Sample Letter
Emails can be sent to Robert Brehm, RBREHM (at) elections.state.ny.us
Fax to Bob Brehm at 518-473-8315
More info from NYVV
Please read Sarah Everett's doctoral dissertation on voters' ability to verify the paper trail, and comment on it in relation to how much time a New York voter should have for voting in a DRE. The Usability of Electronic Voting Machines and How Votes Can Be Changed Without Detection. Everett, S. P. (2007). Rice University, Houston, TX. See especially, discussions on page 77 and 103.

Send a letter to the State Board of Elections supporting Fee Waiver
Fee Waiver Policy proposed to NY State Board of Elections
Background Info on Free Open Source Software

Long letter, HTML
Long letter, Word Doc

Short letter, public distrust of secret software
Short letter, open source is higher quality
Short letter, lower cost
Short letter, avoid privatization

Regulations Section 6210
Section 6210, which will need to be commented on soon. Although dated 1/19/07, they were released on 4/6/07.
Section 6210 with comments by Teresa Hommel, April 16, 2007.

New York State seeks Testing Company
OGS Notice for "Independent Testing Authority Services for Voting System Examination and Certification Testing", Bid Opening Date 10/9/07
Word is that iBeta SysTest, Infogard, Wyle Labs and several other vendors intend to bid on the contract.

State Board of Elections Aug 16 meeting
The commissioners agreed on August 16, 2007 to prepare a plan for implementation of HAVA to require each county board to provide a fully accessible ballot marking device for voters with disabilities at every poll site in time for the September 2008 primary. (State Board minutes are posted within 2 days on the State Board web site.)

Schedule of new voting machines, as of Aug. 27, 2007
The State Board of Elections expects to have a new testing lab and resume testing of voting systems by the end of November, 2007, such as Nov. 26, the Monday after Thanksgiving.
S6435 - On July 26, 2007, NYS passed a law to keep lever voting machines till replacements are available

NYC City Council Resolution 961 introduced July 25, has 24 sponsors
read the reso, send letters of support

Avante Clarifies their position
Avante's position, June 18, 2007
Bo Lipari's blog on Avante's position, June 28, 2007
Kathy Dopp comments:
1. The most reliable method to ensure election outcome accuracy is independent manual counts of sufficient voter CREATED (not voter verified) paper ballot records.
2. DREs are more expensive than paper opscan ballots.
3. DREs leave elections susceptible to Denial of Service attacks, electronic failure, and power outages.
4. DREs create longer lines at the polls.

Lever machines may be used this year
Lever voting machines may still be used by N.Y. counties, Outdated equipment can't be replaced by next elections. PressConnects, July 20, 2007

Book explains NY State politics
Three Men in a Room: The Inside Story of Power and Betrayal in an American Statehouse, by Seymour P. Lachman and Robert Polner.

NYC Top 10 Lobbyists
New York City's Top Ten Lobbyists, City Hall News, July 16, 2007

Will NY counties have to use hand-counted paper ballots in our September primary?
Legal memo prepared for the Election Commissioners of the NYC Board of Elections, July 17, 2007

We're Counting the Votes, And You Can Too!
Watch citizens hand-counting votes on paper ballots! (requires Windows Media Player)

Push to Vote-by-mail
Now, it's voters left hanging, Newsday suggests vote-by-mail because the money for new machines is driving them nuts--yikes! Spend it already! July 10, 2007

Escrow of Software
Voting Machine Vendors – We Can't and We Won't by Bo Lipari, June 29, 2007
email from Avante to NY state officials

As of July 4, 2007
1. The NY State Board of Elections is in process of hiring a new testing company to replace Ciber, and hopes to begin testing electronic voting systems again in September. The State Board hopes to have a list of state-certified machines by the end of 2007.
2. A new statewide voter registration system will be tested and/or installed in all of NYS's 62 counties during July. As of now, it is installed in about 30 counties.
3. During the last week of the state legislative session in June, citizens made over 3000 phone calls to legislators in 2 days to beat back an amendment to NY State Election law to exempt some software from state escrow requirements.
4. The leading federal bills for election reform are shockingly corrupt, and for more details go to HR811.
5. Should NY State use a free, completely open-source system from Open Voting Solutions?

New York Voting News, from NYVV.org
New York Voting News, #4, April 6, 2007
New York Voting News #3, Feb. 16, 2007.
New York Voting News #2, Jan. 31, 2007.
Twice monthly, subscribe via email to contact(at)nyvv.org

Dominion Voting, Canadian opscan company.

Suffolk County Motion to Intervene in the DOJ/NY State lawsui, asking to be allowed to keep their lever machines. March 30, 2007

new web page on HR811 and S1487

State Board proposes excess voters per machine, guarantee of long waiting lines
NYVV Response, March 26, 2007
Voting Integrity advocates around the state are extremely concerned that adoption of the machine timing proposal proposal currently before the State Board of Elections will be a disaster for New York. The proposal does not interpret the State Board's timing data correctly, and will condemn thousands of New York State voters to long lines and voter disenfranchisement. These guidelines must not be adopted in their current form.
NYVV Report on State Board meeting, March 27, 2007
The State Board is scheduled to approve a proposal for public comment at their 4/20/07 meeting.
Village Independent Democrats, Resolution to assign no more than 200-300 voters per DRE, 4/12/07.

Liberty DRE does not have a real VVPAT
Open Letter to State Commissioners, from Bob Millman, March 21, 2007
Graphic: Liberty VVPAT is hard to verify

Thermal Paper VVPAT
Open Letter to State Commissioner, from Bob Millman, March 5, 2007

New York City Council unanimously passes Paper Ballot/Optical Scanner Resolution, March 14, 2007
all info

Please send a letter to Gov. Spitzer
BY FREE FAX
Long letter: html , Word doc
Short letter: html , Word doc
Groups call on Gov. Spitzer to endorse Optical Scan Voting, Feb. 2, 2007

A5170, State Bill for paper ballots/optical scanners
Assemblywoman Sandy Galef introduces Paper Ballot/Optical Scan Bill, Feb. 12, 2007

State Board of Elections now posts its minutes
NY State Board of Elections, Minutes of Meetings
State Board Meeting, Feb. 6, citizen's notes

EAC and Ciber Scandal
StatesVoteMachineTestersFlunk, Albany Times Union, June 14, 2007
EAC Assessment Report, CIBER & Wyle, July 17-22, 2006. Ciber certified approximately 70% of e-voting equipment in the USA.
Ciber: Lab hired to certify NY voting equipment barred from approving new machines by federal agency!

Florida Shifting To Voting System With Paper Trail, New York Times, Feb. 2, 2007.
New York Won't Replace Voting Machines by the Fall
Elections Official Takes Federal Panel To Task
Certification of new equipment pushed back to 5/7/07

Send a letter or Word doc petition to the NY State Board of Elections to praise them for doing a good job to make sure new voting machines work before certifying them. New York has been criticised for being "last" to get new voting equipment. But we are "first" to make sure they work before we buy them and use them! Include your name and address, and the date. If you express the ideas in your own language, it will make your letter more powerful.

E-Voting Failures in Nov. 2006, We don't want those problems here! Send this to your county election officials AND all elected and appointed officials in your county!

Overviews
NYC Overview, as of 2/16/07 , Word doc.
Why we support Paper Ballots and Optical Scanners, as of 2/8/07.
National overview: The Good News (Really) About Voting Machines, Times Select Talking Points, Jan. 10, 2007.

NYC Board of Elections RFI Info
200 questions that the NYC BOE asked vendors, and vendor answers.

BOUGHT AND SOLD Electronic Voting in New York State
(45 minutes)
Important DVD, send a copy to your county leaders and election commissioners, local TV stations and newspapers!
Orders may be sent to the filmmaker via email to r.millman at att.net
Ten-minute clip

1.1. Voting Systems Certification

New Testing Lab
Trascript of State Board Meeting, Nov 7, 2007, page 31-32. Systest Labs appears to be selected as NY State's new testing authority.

New York State seeks Testing Company
OGS Notice for "Independent Testing Authority Services for Voting System Examination and Certification Testing", Bid Opening Date 10/9/07
Word is that iBeta SysTest, Infogard, Wyle Labs and several other vendors intend to bid on the contract.

A Chance to Make Votes Count, Editorial, New York Times, Sept. 6, 2007

Channel 6 CBS news in Albany reported on April 26, 2007 that New Electronic Voting Machines Will Not be in Place for '07 Elections. The report said "New York State has already missed the 2006 election deadline to put in new electronic voting machines and the machines won’t be in place for the 2007 elections. Now a spokesman for the State Board Of Elections says they're not certain the replacements for the old lever machines will even make it in time for the 2008 Presidential elections. Board public information officer Lee Daghlian tells CBS 6 News that while the state is trying to comply with the Help America Vote Act by installing electronic voting machines. The testing and certification process is taking longer than hoped. Daghlian said it is possible the new machines might not be ready for the 2008 elections, but that the State is working to have the machines in place by then. Albany County Elections Commissioner John Graziano said he was not surprised by the prospect of missing the big election and that the board is a ‘nervous wreck’ over the prospect. Liberty Elections Systems of Albany is one of six companies being tested by the state this summer as possible choices for the new voting process. State officials say a decision could come by the end of this year."

Firm that tests voting machines not accredited; state cites inadequacies The Journal News, Jan. 5, 2007
New York State May Suspend Tests of New Voting Machines New York Times, Jan. 5, 2007

Ciber: Lab hired to certify NY voting equipment barred from approving new machines!
U.S. Bars Lab From Testing Electronic Voting, New York Times, Jan. 4, 2007
NY State's Voting Machine Certification Process: Issues, Status and Projections for Voting Machine Testing, by Bo Lipari, Executive Director, NYVV.org
The Daily Voting News and Election Integrity News reported the problems in October, 2006:
Independent Review Reveals Flaws In Voting System Testing Process, Key voting system standards missing from test plans. By Howard Stanislevic, VoteTrustUSA, October 23, 2006
CIBER Security Master Test Plan Review By NYSTEC, Sept. 27, 2006
CIBER Chairman Sells Shares, Businessweek, Dec. 21, 2006. What did he know and when did he know it?
Bradblog on Ciber, Jan. 4, 2007
From Alegra Dengler, a summary: Private voting machine manufacturers with political ties hired a private testing company with political ties to test their software in secret. Voting machines certified by this shady process are in use all over the country. Here in New York state, Ciber was hired to test machines but the State Board of Elections wisely hired another firm, NYSTEC, to review Ciber's work. NYSTEC is the New York State Technical Enterprise Corp., a NYS equivalent of NIST. NYSTEC found many flaws, resulting in the delays we have had in the last few months in certifying new voting equipment.
Testing Lab Failure Leads To Obfuscation By The Election Assistance Commission, By John Gideon, VotersUnite.org, Jan.6, 2007

Long wait times for voters can be predicted!
How Long Will Each Voter Have to Wait to Vote on a DRE during Peak Voting Hours?, Jan. 3, 2007
Study findings:
With 200 pollsite voters per DRE and 60% peak hour voters, average peak hour wait times will be 35.25 minutes, the longest wait will be 70.5 minutes, and 58% of peak time voters will wait 30 or more minutes.
With 200 pollsite voters per DRE and 50% peak hour voters, average peak hour wait times will be 19.5 minutes, the longest wait will be 39 minutes, and 25% of peak time voters will wait 30 or more minutes.
The State Board's AIR Study, page 26, recommends these numbers of pollsite voters per DRE:
Avante DRE - from 218 to 247
Sequoia DRE - from 207 to 243
Liberty DRE - from 295 to 342 (The system used in AIR's Study did not have a final voter-verifiable printout of candidates selected, and not all test voters were instructed to verify their votes on this system.)
The AIR Study recommends these numbers of pollsite voters per OpScan:
Diebold OpScan - 1588 to 2571
ES&S OpScan - 1931 to 2571
Jurisdictions with many thousands of voters per OpScan report no waiting lines.

Nassau County Motion to Intervene in DOJ-NYS lawsuit, Dec. 21, 2006
Voting machine resistance, Nassau and Suffolk take aim at state's deadline to replace lever machines by September primaries. Newsday, Dec. 22, 2006

State to miss federal deadline, Times Union, Dec. 19, 2006

Press Release from the Brennan Center for Justice at NYU School of Law, League of Women Voters of New York State, New Yorkers for Verified Voting, New York Public Interest Research Group (NYPIRG). These organizations say that State Board of Elections must consider all factors when determining voting machine capacity, but their study fails to consider peak voting times, machine failures and other critical factors. The study will be one factor in a decision to be made in January determining the minimum number of new voting machines needed to be purchased for each election district or polling place across the state.
The study, which cost NYS $283,000: Timing Study by AIR, how many minutes per voter on DREs and OpScans
2-minute YouTube movie--test voters were not told to verify the VVPAT on DREs, by filmmaker Bob Millman
To comment on the AIR Study, email your remarks to to Bob Brehm, with the subject line "Comments on the AIR Timing Study".
rbrehm at elections.state.ny.us
You can also send hard copy to:
New York State Board of Elections
40 Steuben St.
Albany, NY 12207
The State Board will vote on the "number of voters per machine" at their next meeting in January, 2007, expected on Jan. 4, so send your comments ASAP, hopefully no later than Friday, 12/29/06.

NYVV's criticism of the current certification effort, Dec. 11, 2006
New York State’s Voting Machine Certification Process By Bo Lipari, NYVV, December 15, 2006

NY Times, Dec. 4, 2006
What's Wrong With My Voting Machine?, New York Times Editorial, Dec. 4, 2006

Dec. 5, 2006: Revised schedule -- counties must choose new equipment by 3/6/07
State Board announcment, key lines are 106 (State Board will fax the list of certified machines to counties on Feb. 21, 2007) and 119 (State Board will create a list of counties that have not made their choices on March 7, 2007). One problem with this schedule is that vendors are still sending in changes to their software. In a professional environment this would mean that all tests must be re-run from the beginning.

State Board announcment, key lines are 106 (State Board will fax the list of certified machines to counties on Feb. 21, 2007) and 119 (State Board will create a list of counties that have not made their choices on March 7, 2007). One problem with this schedule is that vendors are still sending in changes to their software. In a professional environment this would mean that all tests must be re-run from the beginning.

As of Nov. 3, 2006:
Deadline for selection of new machines changes to Feburary or March, 2007
. . . The deadline for counties to select new machines has been deferred till February or March, 2007, due to delays in certification. The delays are related to the need to revise the Security Test Plan to make it acceptably rigorous.
Letter from State Board to Counties explaining the delay, Nov. 4, 2006.
NYSTEC explains the delay to the State Board, with call for completion of security analysis of new voting equipment by Feb. 12, 2006. Nov. 2, 2006.
EAC prepares for its Voting System Testing and Certification Program, Oct. 26, 2006.
The two articles here report different dates.
More state delay possible on new voting machines, Newsday, Oct. 31, 2006.
Voting Machine Schedule Changed, Post-Standard, Nov. 2, 2006.
. . . Further delays are related to failure of vendors to submit all software source code for escrow, as required by New York State certification regulations. Vendors say they can not provide all COTS (Commercial Off The Shelf) software -- neither for DREs nor scanners. This is one reason why no vendor is in full compliance with our requirements, and cannot be certified at this time.
. . . WheresThePaper.org opposes the State Board of Elections making a compromise to accept equipment without all software. Once we make excuses and exceptions for not following the law and regulations, vendors will be in full control.

EAC letter to NY State Board of Elections re federal funds we may lose
Sept. 28 letter

Oct. 12, Systems Submitted for Certification
State Board of Elections reports that 5 systems have qualified for certification testing.
The two DREs on the list are favored by many officials. Three scanners made the list. The letter reveals that no system was in full compliance with NY requirements (they only "substantially" complied).
Round 1 certification testing:
. . .Sequoia Advantage L (DRE)
. . .Liberty Vote (DRE) (not a contender in NYC because it doesn't have Korean and Chinese ballots)
. . .Diebold Accuvote OS (OpScan)
. . .ES&S M100 and Automark (OpScan)
. . .Sequoia Optech Eagle (OpScan)
These systems did not make the cut for Round 1 due to incomplete submissions:
. . . Avante Optical Vote Trakker
. . . Precise Voting Touch Tone (DRE)
. . . Populex Digital Paper Ballot (Ballot Marker)
. . . Open Voting Solutions Open Scan (Opscan)

Administrative Complaint Procedure
Proposed Regulations for NY's HAVA Administrative Complaint Procedure
Public comments should be received by close of business Monday, October 23, 2006 and directed to:
William J. McCann, Jr., Special Deputy Counsel
New York State Board of Elections
40 Steuben Street
Albany, NY 12207-2108
or to Mr. McCann at: info@elections.state.ny.us

Draft Security Test Plan
http://www.elections.state.ny.us/NYSBOE/hava/NYSVotingSecurityRequirementsDRAFT.pdf

NYSTEC is the NY State Technology Enterprise Corporation. They are involved as an independent contractor. Although they lack experience with voting systems, they have military experience, and are associated with the Rome Air Force Base Information Directorate, which makes them well qualified to examine any computer technology.

Systems submitted as of Oct. 4, 2006:
Vendors seeking Certification, and what systems they submitted Note that Sequoia's old-style Advantage pushbutton DRE has been withdrawn! This is the DRE used in Saratoga County for some years, which has been favored by commissioners. Now Sequoia is offering only their new touchscreen Edge. This may improve Liberty's chances, as many commissioners seem uncomfortable with touchscreens, and believe the pushbutton models are more familiar.

Nedap voting systems (known as "Liberty" in New York) hacked in Holland
NEDAP (Liberty Systems) Voting Machines Hacked By Warren Stewart, Oct. 5, 2006. Concerns about the security of this system were shown to be well-founded when a group of Dutch IT Specialists, using documentation obtained from the Irish Department of the Environment, demonstrated that the NEDAP e-voting machines could be secretly hacked, made to record inaccurate voting preferences, and could even be secretly reprogrammed to run a chess program. In New York, Liberty claims that their machine can't be hacked because it isn't a computer!

As of Sept. 29, 2006:
Current plan:
Nov. 13 -- timing studies completed to determine how many voters can use each type of machine per election day. This is needed for the counties to determine the number of machines of each type they would need, and hence the cost.
Dec. 4 -- functional testing completed.
Dec. 12 -- security testing completed.
Jan. 5 -- County orders completed and submitted to the OGS (Office of General Services), the state agency that will handle the purchase orders for the counties.
Jan. 31 -- OGS issues purchase orders to vendors.

(1) New York counties and New York City will be asked to choose equipment to replace our mechanical lever voting machines at some time in December.
(2) No machines have been certified yet, but the following have been submitted. (The deadline of Sept. 29 for submission of systems has been extended to Friday October 6.)
. . . . . Diebold, DRE touchscreen
. . . . . ES&S, OpScan and DRE touchscreen
. . . . . Avante
. . . . . Liberty, DRE with paper overlay
. . . . . Open Voting Solutions, Scanner but no printer (unknown whether the system is BMD)
(3) In some counties the commissioners have already made up their minds about what equipment they want. NYC and some other counties are in the process of creating a list, in order of preference, of what equipment they would like to have IF it is certified. If their first choice is certified, that is what they will buy. If their first choice is not certified but their second choice is certified, they will buy their second choice, and so on.
(4) Timing studies to determine how long it will take for an average mix of voters to vote on the new systems may be held as follows (subject to change)
. . . . . Monroe County Oct 12-13
. . . . . Brooklyn Oct 17-19
. . . . . Schenectady after that
. . . The State Board wants 150-300 test voters at each location. There may be a $30 payment to test voters.
. . . They want a suitable number of test voters who regularly use sip&puff or rocker paddles due to mobility issues, and audio due to blindness/visual issues, for the test, and are wary of people who are not familiar with those devices to be test voters using them, since the amount of time needed by a person who is not familiar with the device would not be representative.
. . . They want test voters who will use non-English languages.
. . . They received a suggestion that they use non-computer-literate test voters in the same proportion of non-computer-literate in the general voting population.
. . . To be a test voter, send your name and contact info to Bob Brehm at the State Board.
. . . They want to schedule the test voters to come to the testing center at staggered times so they don't have to wait around.
. . . They expect the time per test voter to be about one hour, during which they will get information from the person, then have them vote on a number of different machines, and then ask them questions about their experience.
. . . More details will be available soon.
. . . Suggestions by WheresThePaper: Test voters need to fully and accurately check their voter-verifiable printout. Volunteer test voters need to follow up after submitting their names to make sure they are "in the loop."
(5) No one has run a mock election public test to show that the systems submitted for state certification work. (Reasons: no time, no staff!) Remember that federal and state certification are piecemeal and partial. Our elections will be the first time these systems as a whole are being used. What Is A Mock Election
(6) Even though NY law prohibits wireless communications in voting systems, the state and NYC Boards of Elections have said that they have no way to examine the equipment and determine whether it complies with this sensible security precaution.
(7) New York City may make estimates about how much equipment is needed based on only 50% turnout, which means during big elections with high turnout, we will have long lines of voters waiting to vote.
(8) New York state law requires a voter-verified paper trail from DREs. If voters are rushed, they will not be able to verify their paper printout. (Remember that only 3% of the paper trail must be spot-checked, and the electronic tallies will be used if paper tallies do not match electronic tallies. Nevertheless the paper trail is critical to voters and candidates to support challenges and broader counts if candidates can afford to go to court in case of paper-electronic discrepancies.)
(9) If you live in NYC, please go to 4. What To Do (NYC) and take action!
If you live outside NYC, please go to New Yorkers for Verified Voting and take action!

Counties required to choose equipment by Dec. 21--AFTER cerfication
Sept. 20 letter to Commissioners from State Board of Elections

Counties required to choose equipment by Oct. 31--PRIOR to cerfication
Sept. 7 letter to Federal Court from State Board of Elections

Aug. 2006 Cost Report by NYC BOE
An Analysis of the Number of Voters per Voting Machine, A Report for The Board of Elections in the City of New York, 24 pages, Aug. 21, 2006

Voting System Applications for Cerfication
as of August 9, 2006

EAC: HAVA money: machines do not ALL have to be accessible (one per pollsite is required) if NY purchases after 12/31/06
June 20 letter from EAC to State Board of Elections
Chart - Voting Machine Money--apportionment by county
State Board Letter - Allocation of Money to counties

Situation as of June 16, 2006 -- Bo Lipari's WebLog

County Equipment, Plan B
Plan B Equipment Selections as of June 5, 2006, by county

Next State Commissioners Meeting
Monday June 5, 2006, 12:00 noon, State Board of Elections Offices, Albany, N.Y.

June 2
Order of Judge Sharpe, June 2, 2006

Info for Bids for Equipment
NYS Office Of General Services, Bid Notice Opening June 1, How to submit bids.

May 25
Detailed comments on Voting System Standards passed on April 20, 2006

May 22 State Board Meeting
notes

May 20
State Board report on authorization testing of interim systems 168 pages, over 6 MB in size.

May 18
Voters and Disability, Civic and Civil Rights Groups Challenge State's Plan by filing a motion to intervene in DOJ lawsuit against NYS.

As of May 18
The State Board met with the judge and the U.S. DOJ in conference on Tuesday, May 16, in the Judge's chambers. There was agreement to have an order prepared to approve the NY state plan that the State Board had submitted. A signed order is expected on May 19.

The DOJ has no authority to request that the federal money received by NY State be returned. The EAC has authority to request this, but they have not done so yet. If they do, NY State would probably fight it. The EAC never fully funded the states to the level authorized by Congress, and the money not received would equal the money received. Also, the EAC did not get established in the legal timeframe required by HAVA, and did not provide the timely guidance to the states that they were supposed to provide, and these are among arguments that NY State would use to fight to keep the money we have already received.

NYC compliance plan for 2006
Voting Machines for Disabled in New York City, By Michael Cooper, New York Times, May 17, 2006
Senator seeks $10M to aid disabled voters, Star-Gazette Albany Bureau, May 17, 2006
State, federal officials near voting-machine deal, Delaware, Otsego election officials say 'Plan B' not ideal for disabled. The Daily Star, May 17, 2006

May 16, 2006
Report of NYC BOE Commissioners Meeting

Accessible Machines Per County
Chart submitted by NYS on May 15 to the court
A comparison to the chart of April 27, 2006, shows that some counties have reduced the number of accessible machines they will get for use this year:
county old new
Albany 14 1
Broome 4 1
Cattaragus 3 1
Franklin 4 1
Montgomery 38 1
Oswego 25 1
Saratoga 21 1
St. Lawrence 33 1
Westchester 14 1
NYC 20-30 6

Next -- Voter Registration Database
200 page RFP for Systems Integrator for the database

Public Testing of Machines Continues, May 18-19
State Board announcement, testing AutoMark May 18-19
State Board announcement
Certification testing for accessible components for elections in 2006 will begin on Monday, May 8. The testing site is the Turnpike Golf Course, Guilderland, NY (Route 20, between Route 155 and 146 on the south side). Testing will begin at 9:30 AM. Monday-Tuesday will be on the Avante system. Thursday-Friday will be on the Populex. Testing is open to the public. Check the NYS BOE website for more information. They were having trouble with their website on May 4, so the announcement may not show up promptly.

May 3, Bo Lipari appointed to Citizen's Advisory Committee
State legislation recently expanded the Citizen's Election Modernization Advisory Committee by two persons. The Disabled American Veterans of NY and the League of Women Voters of NYS were designated to suggest the appointments. LWVNYS suggested Bo Lipari, member of the Tompkins County LWV, to be their representative. His name was accepted by the Commissioners of the State Board of Elections on May 3. Bo will be the first member of the committee who has professional computer expertise and experience.

April 28, DOJ response
DOJ Response
DOJ attachment 1 - Summary of County Responses of April 20, 2006
DOJ attachment 2 - Estimate of Disabled by County, April 19, 2006
DOJ attachment 2 - County Statistical Summary by NYS BOE, April 14, 2005
. . . DOJ accepted NY's plan which postpones full compliance with HAVA until 2007. DOJ acknowledged, as NY State and citizens who sought to intervene in the lawsuit had contended, that an attempt to enforce full compliance this year would result in an election disaster. DOJ stated :"...the United States is mindful at this late date of the potential for disruption of the federal election process in New York if plans for full HAVA compliance are implemented in too hasty a manner..."
. . . NY's plan calls for a small number of accessible devices be provided in each county in 2006, and full HAVA compliance by 2007. NY's plan for partial implementation of the HAVA-required statewide voter databases was also accepted.
Disabled Say Voting Plan Isn't Enough Newsday, May 6, 2006

April 28, Citizens Union Amicus Brief
Declaration of Dick Dadey
Brief
Citizens Union filed an amicus brief against the State Board in the DOJ case.

Time Schedule for NYC Selection of Interim Accessible Voting Equipment
April 25 - Commissioners Meeting, demo of Populex and Avante systems, Public can observe
May 2 - No meeting, commissioners will be in Syracuse at the State meeting
May 9 - Commissioners Meeting, demo of ES&S AutoMARK and IVS Vote-By-Phone, Public can observe
May 12 - Staff will recommend a system for the NYC interim response using 4 criteria:
a. Voter ease-of-use
b. Poll worker ease-of-use (starting the system in the morning, maintaining it during the day, closing it out at night)
c. Integration with existing programs (CBIS(?), last-minute ballot changes, testing prior to the election)
d. Vendor Strength and Support (can they deliver their systems on time, can they train our staff)
May 16 - Selection of equipment for the interim response
May 22 - NYC BOE will tell the State BOE which equipment we will use for our interim response. By then the NYC BOE also hopes to know how many units we will need (may have this info on May 12).

April 20, 2006
VOTING SYSTEMS STANDARDS PASSED 4/20/06, copy from State Board website
html version
State Board press release
copy, State Board press release

April 21, 2006
DOJ asks the Court for an extension to April 28 to reply to State Board's Plan of Compliance.

The DOJ was supposed to submit a response by April 20 to New York State's proposed plan for HAVA compliance. Instead, DOJ submitted a request for an extension until Friday, April 28. The Court is expected to grant this extension.

On April 10, the New York State Board of Elections submitted a proposed plan to the Court which would keep NY's lever machines in use for the 2006 elections, and require a ballot marking or vote by phone accessible voting system to be placed in one or more locations in each county. The Court called for the DOJ to respond to the State's plan by April 20, 2006.

The NYS Board also submitted to the Court the results of the county responses to their plans for implementing the proposed state plan. Most counties indicate that they will purchase only a single accessible device per county, the minimum required by the State's plan. Even New York City proposes to have only 20 to 30 accessible voting devices in separate locations throughout the city, rather than one device per polling place as called for by HAVA. If the counties plans are accepted by the DOJ as is, there would be less than 500 accessible ballot marking or vote-by-phone systems in the entire State of New York in the 2006 election.

It is unclear whether the DOJ will accept the state proposal, or be content with the counties plan to place only a single accessible device at a central location in each county.

April 10, 2006
State Board Plan of Compliance submitted to the court, 4/10/06.
NYVV.org Comments on the State Board's Plan

April 3, 2006
revised voting systems standards of April 3, 2006.

March 28, 2006
Bids from ES&S/Automark, Populex, Avante, and IVS
The Office of General Services got these 4 responses to the State Board of Elections' RFP for HAVA-compliant ballot marking devices and vote-by-phone to provide interim equipment for the Plan B option.

March 27, 2006
Cover letter from State Board to Counties
County HAVA Compliance Form asking counties what interim distribution of equipment they will provide

March 23, 2006
Court Order The court granted the DOJ's request for a Preliminary Injunction, denied motions by LWV and NYVV to intervene at this time, and ordered the State BOE to present a remedial plan for voting system and database compliance by April 10. DOJ will then have 10 days to respond.
Motion to Intevene Denied in DOJ/NYS HAVA Lawsuit
Although the US District Court denied voters rights groups' motion to intervene, the Court held open the possibility that intervenors may be allowed to participate later, at a point when a specific plan for HAVA compliance has been proposed. We should continue to lobby our county election commissioners and legislators for an Paper Ballot Optical Scan solution. The interim solution known as "Plan B" would put Automark ballot-markers in every polling place to facilitate disbled voters' access to paper ballots. NYVV.org supports "Plan B" for New York's 2006 interim HAVA compliance.
Deadline set on new voting plan, Times Union, March 24, 2006. The DOJ indicated they could not force full compliance with new machines this year. The judge ordered the Board of Elections to produce a plan by April 10, at which time the Justice Department will have 10 days to respond.

March 22, 2006
Voting Systems Standards, Version 3, March 22, 2006
First Impressions Evaluation.

State Board of Elections meeting, March 21, 2006
audio 1, A Board lawyer, Valentine, suggests the news on the lawsuit should be discussed in Executive session. Commissioner Doug Kellner wants public disclosure. Another lawyer, Feldman, counsels against a public discussion invoking "legal strategy" needs. Commissioner Aquila concurs with Mr. Feldman and Commissioner Kellner goes along.
audio 2, same meeting -- Commissioner Kellner wants to discuss Plan B publicly, and asks Anna Svizzero, operations chief, for news on it. She relays that County Election Commissioners are concerned about costs and training of a new system for this year. Co-Executive Directior Kosinski weighs in, on balancing the limits of what counties can accomplish with DOJ pressure.

March 14, 2006
Letter from Sequoia to NY Customers, March 14, 2006 regarding their ownership by a foreign company.

March 13, 2006
NYVV Update on the DOJ, Court, Plan B, etc.

March 10, 2006
State To Buy Devices To Help Disabled Vote, Newsday, March 11, 2006.
State Asks For Info On Disabled Voting Machinery, Newsday, March 10, 2006. NY State, under pressure from the DOJ, has put out an invitation for bids for voting equipment that will not go through any state certification process at all.
Miscellaneous Services Solicitation.
Bid Opens for Vote Machine Help, Times Union, March 10, 2006.
Two signs that commissioners want DREs is that they are speculating on leasing or renting accessible machines. Also, the Board of Elections in NYC has said they don't want to buy Automarks that they would "throw out" the following year (they wouldn't want to sell them to other jurisdictions?).
Does the EAC Really Care If Voting Machines Are Accessible? By AJ Devies, Handicapped Voters of Volusia County (HAVOC), March 10, 2006. A Conversation With Brian Hancock, Election Assistance Commission's ITA Secretariat.

March 8, 2006
State Board Memo to Counties on HAVA Compliance

March 7, 2006
DOJ Brief for Prelimiary Injunction.
DOJ wants a judge to act now to order NY to comply with HAVA. If granted, this would supersede the first lawsuit. as well as the Motion to Intervene filed on March 3.
NYVV statement on DOJ Preliminary Injunction:
. . . March 7, 2006 - The Department of Justice (DOJ) has moved for a preliminary injunction in their suit against New York State. This requests the judge to rule immediately that New York must present a plan for HAVA machine and voter registration database compliance by September 2006.
. . . New Yorkers for Verified Voting is studying the latest DOJ brief and is preparing a response.
. . . A preliminary injunction is a temporary court order issued before or during trial commanding a specific action. Legally, the purpose of a preliminary injunction is to prevent major injury or damage from occurring while the court is deciding the case.
. . . In their brief, the DOJ claims:
1) The State of New York is not in compliance with Sections 301 and 303(a) of HAVA
2) Absent a preliminary injunction, New York will fail to implement election procedures that comply with Sections 301 and 303(a) in time for the 2006 federal election cycle.
3) New York's failure to comply with HAVA in time for upcoming federal elections inevitably will result in significant harm to thousands of voters and to the integrity of the federal election process in the State.

March 3, 2006
New York Voters Groups Oppose DOJ Lawsuit:
Larry Rockefeller, The League of Women Voters of New York, and New Yorkers for Verified Voting intervene in DOJ lawsuit!
Motion to Intervene
Brief
Voters, Groups Oppose DOJ lawsuit that would cause electoral Chaos, Larry Rockefeller, League of Women Voters, New Yorkers for Verified Voting, March 3, 2006. A Voting Machine Mess, New York Times, March 3, 2006.

March 2, 2006
New York Is Sued by US on Delay of Vote System, New York Times, March 2, 2006.

March 1, 2006
New York State Sued For Failing To Meet New Voting Guidelines, New York Times, March 1, 2006.
DOJ Complaint.

February 28, 2006
Stopgap Accord Sought on Voting System, Commissioner Kellner stands up to the Dept. of Justice!

February 27, 2006
Oversight of the Process of Selecting New Voting Machines, Teresa Hommel's statement before the Governmental Operations Committee of the New York City Council.

Feb. 24 -- Dr. Rebecca Mercuri Comment on second draft of NY Voting System Standards
Teresa Hommel Cover Letter
Dr. Rebecca Mercuri comment on NYS VSS
Dr. Rebecca Mercuri comment on FEC 2002 VSS
Dr. Rebecca Mercuri EAC Memo
Dr. Rebecca Mercuri Comment on Voting Systems Guidelines

NY Times, Feb. 24, 2006
City's Lawyer Criticizes State On Rules For Voting Machines.
Voter Groups See Flaws In Plan To Upgrade Balloting, Feb. 23, 2006.
Civic Groups Call For NYS BOE to Reject Second Draft, Feb. 22, 2006.

NYVV, Comments on Second Draft, Feb. 22, 2006
NYVV Response to the Proposed Final Voting System Standards
Note that as of Feb 27, the Voting Systems Standards will be revised AGAIN.
Nicola Coddington Comments on Draft 2, Feb. 24, 2006.

The situation as of February 23, 2006
HAVA Hurry: An Update From New York By Wanda Warren Berry, NYVV, Feb. 23, 2006

NY Times Editorial slams NY State revised voting machine standards
Bungling Voting Machines, Feb. 19, 2006.

Plan B -- Feb 17, 2006
Bo Lipari reports on Plan B
NYVV.org and wheresthepaper.org urge everyone to continue advocating for PBOS, and to also endorse Plan B. Plan B is a temporary solution that may satisfy the US Dept. of Justice so that NY may be able to keep our HAVA money for machine replacement. It is not a permanent solution because our state law ERMA bans lever machines as of 9/1/07. IF PLAN B IS ADOPTED, there MAY be interest in both houses of our state legislature to rescind the ban on levers. Unless that happens, Plan B cannot become a permanent solution to meeting HAVA requirements.
Current Status as of 2/17/06

Need comments on new voting system standards by Fri Feb 24, 2006
Bo Lipari reports on the new Voting System Standards

Oveview as of Feb 14, 2006
NY's flawed new Election Reform and Modernization Act ("ERMA") bans lever machines as of 9/1/07, requires each county and the City of New York to choose a new voting technology, and allows two options:

1. PBOS -- consists of paper ballots to be marked by hand (or by ballot-marking devices for voters with disabilities or minority languages), and optical scanner machines in each polling place to check each ballot for correctness before it is cast and to print a tally at the end of the election day.

2. DREs -- consist of "Direct Recording Electronic" voting machines (computers) with a touchscreen or pushbuttons, and a tiny printer to print a receipt-like list of each voter's choices for the voter to verify before pressing "Cast My Ballot." The printout then goes into a secure storage box in the machine.

ERMA requires our State Board of Elections to create Voting Systems Standards ("VSS") to ensure that our future equipment is safe and proper to use. The State Board's first draft received nearly universal criticism as poorly written and superficial. It imposed almost no requirements on DREs (meaning, federal certification was not required and state requirements were so minimal as to allow any system to be certified). About 2 dozen comments are linked below in this section.

The State Board's second draft was posted on 2/14/06 and comments will be received until Feb. 24, 2006.

Feb. 14, 2006
State Board's Second Draft of the New Voting Machine Regulations
This draft will be posted for a period of 10 days for additional public comment. All comments received no later than February 24, 2006, will be considered in making any further changes to the regulations.
Send comments to:
NYS Board of Elections
40 Steuben Street
Albany, NY 12207-2108
or
info@elections.state.ny.us

Feb. 13, 2006
Letter to State Board: "General Principles Regarding the State Board of Elections' Implementation of the Help America Vote Act (HAVA)" from Common Cause/New York, New York Public Interest Research Group, Inc. (NYPIRG), League of Women Voters of New York State, New Yorkers for Verified Voting (NYVV), Citizens Union, and the Task Force on Election Integrity of Community Church of NY.

Feb. 10, 2006
Two new drafts have circulated, neither of which fixes the problems in the first draft.
Compare.doc is 26 pages, compare060207.doc is 29 pages.
State Board Staff Analysis of comments received prior to 1/23/06.

More citizen input is needed NOW!
What to tell them! -- Requirements that should be in NYS's Voting System Standards, Feb. 10, 2006.

Feb. 9, 2006
Current situation -- Briefing by State Commissioner Kellner.

January 25, 2006
Letter to U.S. DOJ from Senators Schumer and Clinton.

Jan. 23, 2006 -- comments that dealt with specific VSS contents
Dr. Douglas W. Jones, Jan. 23, 2006.
"the proposed voting standards ... were not the product of an expert advisory committee or other expert resource."
"the proposed regulations taken together, and in many instances taken alone, put the voting rights of the citizens of New York at significant risk."

Larry Rockefeller, Jan. 23, 2006.
...the regulations, if adopted, will unconstitutionally and illegally impair New Yorkers' fundamental right to vote.
First, the regulations place our State at substantial risk of electoral fraud.
Second, the rush to implement the regulations guarantees chaos in the upcoming 2006 elections.

NYVV.org, Jan. 20, 2006.
Bo Lipari, Robert Kibrick, and Teresa Hommel

Teresa Hommel, Revision, First 8 Sections, Jan. 22, 2006.

Dept. of Justice Threat and Response
US Dept. of Justice Threatens To Sue New York State over HAVA non-compliance, NY Times, Jan. 12, 2006.
US Dept. of Justice letter of Jan. 10, 2006
Response from the League of Women Voters of New York State and New Yorkers for Verified Voting, Jan. 12, 2006.
Department of Justice Threatens To Sue New York State By Warren Stewart, Director of Legilative Issues and Policy, VoteTrustUSA, Jan. 12, 2006.
BradBlog, Jan. 12, 2006: DoJ Threatens to Sue NY State and Board of Elections for Lack of HAVA Compliance! Even While the Feds Own Inability to Meet HAVA Reqiurements Continues. Additional Reporting by John Gideon.
Feds Warn State Over Vote Systems, Times Union, Jan. 13, 2006.
WheresThePaper.org opinion:
Federal law requires our new voting equipment to be in use in the first federal election in 2006. We are not "non-compliant" at this time. The law does not deal with "violations" that have not yet happened. The DOJ's threat of legal action regarding voting machines is posturing and bullying. Replacement of lever voting machines with paper ballots and optical scanners with ballot marking machines for voters with special needs can be easily accompished in three months. The City of Boston signed a contract for optical scanners in May, 2003, and held their first election with them without problems in September, 2003.
Newton's First Election Using Optical Scans Goes Smoothly
Regarding the statewide voter registration database, Arizona just awarded a contract for the work to be done -- did Arizona get a threatening letter? Uneven application of law is injustice, and a common tool of tyrants.
US Dept. of Justice letter to Connecticut

Comments submitted to State Board
The State Board's first draft was published in the State Register on Dec. 7, beginning a 45-day comment period that ended on Jan. 23, 2006. The State Board held four hearings during the comment period.

News: Only one person supported DREs in 4 hearings
Putnam Hearing Focuses On Future Of Voting, Journal News, Jan. 13, 2006. Only one speaker ... advocated for touch-screen[s]... [Co-executive Director of the State Board of Elections] Koskinski, a Republican, said [those] remarks were the only ones he and his Democratic counterpart, Stanley Zalen, have heard supporting touch-screen voting technology over the course of the four hearings.

Detailed Comments on Draft Voting Systems Standards, Teresa Hommel, Nov. 2005.

Overview by New Yorkers for Verified Voting, 11/9/05.

Eight points, Teresa Hommel, 12/14/05.

Testimony Presented in Hearings
1. Bo Lipari, Executive Director of New Yorkers for Verified Voting. Summary:
You work for us, the public. We demand an open and fully visible process. We demand that all types of voting systems be objectively evaluated, and that fair, accurate, thorough evaluations of voting systems in widespread use throughout the United States be performed and presented to the public. The State Board should stop misrepresenting the situation to the public and press because we will not go away and let you get away with it.
2. League of Women Voters of New York State Testimony by Aimee Allaud, LWVNYS Elections/Government Specialist.
3. Council Member Bill Perkins, Chair of Governmental Operations Committee (the part on PBOS starts on page 12)
Resolution 1301 submitted by Perkins on the last day of the 2005 City Council. The same resolution has been submitted in the 2006 City Council.
4. Board of Elections in the City New York.
5. State Senator Liz Krueger.
6. League of Women Voters of the City of New York.
7. Susan Greenhalgh of New Yorkers for Verified Voting.
8. Teresa Hommel. Summary: Compare a professional evaluation of a computer system to what the State Board is doing. We have election commissioners who can barely send an email and won't listen to anyone else except vendor salesmen. They are acting like children when you try to take away their favorite toy, their perfect dream election machine. The State Board must wake them up by running a large public test under real-election conditions -- Either the machines work or they don't. You must invite the public, not shut us out.
9. Stephanie Low, Simultaneous Submission of DREs and PBOS, Public Test, Red Test
10. Marjorie Gersten, Auditability
11. Dan Jacoby, No Automated Tests
12. Rick Schwab, How to Avoid Privatization
13. Katherine Wolpe, Rescission of Certification
14. Diana Finch, Ban All Communication Capability
15. Women's City Club.
16. Marge Acosta.
17. Ann Harbeson.
18. Allegra Dengler.

Dec. 5 Bombshell -- State Board evaluates DRE before standards exist
On Dec 6 the State Board started to evaluate the Liberty voting system, (1) without waiting for the legally-required 45-day public comment period and for the draft standards to be finalized, and (2) in spite of the fact that the Liberty system lacked both the legally-required printer for the voter-verified paper audit record, and the accessibility attachments for voters with disabilities. See below for the response by outraged citizens groups, and NYVV's call to action.

Dec. 5 -- citizens find out that on Tuesday Dec. 6 the State Board will begin certification examination of Liberty DREs that lack the printer for a voter-verified paper audit record, and lack some accessibility attachments required by ERMA, the new NY state law.
Demand an Open Voting Machine Certification Process! NYVV Action Alert, Dec. 5, 2005.
Irresponsible Rush to Test Voting Systems, NYVV explains why it is an outrage for the NY State Board of Elections to begin certification testing of paperless Liberty DREs even though state law requires a VVPB-equipped machine. Dec. 5, 2005.
Certification Testing of Incomplete Voting Systems is a Betrayal of Public Trust. NYPIRG, Common Cause NY, League of Women Voters NYS, and NYVV outraged at NY State Board of Elections, call for legislature to convene oversight hearings on State Board actions. Dec. 5, 2005.
The surprise letter, dated 11/22/05 but received 12/2/05.

Commissioners Oblivious
ProposedElectionReformDrawsCriticisms,
The Daily Freeman, 12/4/05.
"Local elections commissioners said they had not reviewed the proposed regulations in detail but added that they are less concerned with the regulations themselves than with the pressure that will be placed on counties to implement them.
Nevertheless, "I am confident whatever we do certify here in New York, will meet the criteria and be well tested," said Thomas Turco, the Republican commissioner of elections for Ulster County.
Dutchess County Democratic Elections Commissioner Fran Knapp said she is primarily concerned that the state certify new voting machines in time for counties to obtain them in time for next year's election.

1.2. Contact NYS Officials

State and County Contact List

Info on State Board website

1.3. Cost Reports

Ballot Costs
Report by Marge Acosta, July, 2007

Put these voting machine costs into perspective!
New York City has closed fire houses (which Bloomberg now wants to sell "because the city needs money"), our library hours have been shortened, hospitals have and will close, all in the name of not having enough money.
Recent news about costs
Summit Ponders Printing Ballots, Akron Ohio Beacon Journal, Dec. 12, 2006
Mayor Corroon says upkeep of Electronic Voting Machines Costing "Million and Millions", KCPW Salt Lake City radio, Dec. 8, 2006

Purchase Cost of New Voting Equipment for New York City
A Study by the Task Force on Election Integrity, Community Church of New York
Teresa Hommel, Chairwoman
November 6, 2006
Individual Parts of the Study:
Report
Appendix 1 - Bronx Costs
Appendix 1 - Brooklyn Costs
Appendix 1 - Manhattan Costs
Appendix 1 - Queens Costs
Appendix 1 - Staten Island Costs
Appendix 2 - Citywide Costs
Appendix 3 - Pollsite Voter Turnout, November 2004
Appendix 4 - Voter Timing Data
Appendix 5 - Number of Voters Served per DRE
Supplement - Number of Voters Served per DRE with .5% requiring 37 min.
Supplement - Number of Voters Served per DRE with .25% requiring 37 min.
Supplement - Number of Voters Served per DRE with none requiring 37 min.

New Voting Systems for NY--Long Lines and High Cost by William A. Edelstein, New Yorkers for Verified Voting, November 14, 2006
2-page summary
. . . One of the key decisions facing New York State is the replacement ratio of new voting systems to lever machines. The New York State Board of Elections has conducted timing tests which will be used to provide an average time per voter for each evaluated system. However, average time per voter is only one component of determining how many machines are needed. We also need to know how many voters can be served during peak voting times in the morning, noon, and evening when turnout is high, and the likelihood that lines will form is greatest.
. . . In order to assess waiting times for voters, New Yorkers for Verified Voting conducted computer simulations of voting system capacity. NYVV used queuing theory, the mathematics of waiting lines. Queuing theory uses voter arrival rate, the number of available machines, the voting time per voter, and the machine breakdown rate to predict the probability of forming long lines on Election Day and overtime at the end of the day. The above report shows their results.
. . . On August 21, 2006, the Board of Elections of the City of New York released a report entitled "An Analysis of the Number of Voters per Voting Machine" (link is below). This report concluded that New York could replace each lever machine by a single full face ballot DRE with voter verified paper trail. The New York City report uses flawed assumptions to force this conclusion. NYVV's report notes these false assumptions and uses computer simulations to show that the replacement ratio of DREs to lever machines proposed by the New York City report would lead to long lines with delays of one to two hours or longer.
. . . NYVV's report has two sections. The second part is a technical overview of the methodology used, and includes the actual data results from the simulations. Activists should request their Boards of Elections to spend some time reviewing the technical section and considering how this can be applied to the problem of determining voter waiting times.
. . . The computer simulations applied by NYVV use data from the New York City report, but other values can be used. When the State Board of Elections issues information about average time to vote on individual systems, NYVV strongly recommends that those numbers be used in computer simulation analysis to determine the probability that long lines will form at peak voting times.

Aug. 2006 Cost Report by NYC BOE
An Analysis of the Number of Voters per Voting Machine, A Report for The Board of Elections in the City of New York, 24 pages, Aug. 21, 2006. This report assumes 50% turnout, and that optical scanners will handle only 1400 voters per day.

Suffolk County, July, 2006
Overview of Cost Factors Associated With Electronic Voting Machines and HAVA Compliance
presented to Ways and Means Committee, July 26, 2006. Created by the Suffolk County Legislature Budget Review Office.

November, 2005: Cost assessed using the number of lever machines per pollsite
New York City
Suffolk County

1.4. Timing Studies, Wait time to vote

Survey Data on the Number of Voters per DRE in Other State Jurisdictions, by Marge Acosta, May 7, 2007

NYVV report on timing, March 26, 2007
Voting Machine Numbers For NYS, NYVV.org, Jan. 30, 2007

DREs: Long wait times for voters can be predicted!
The State Board of Election's AIR Study showed approximately 4 minutes per voter to vote on a DRE, and approximately 30 seconds per voter to scan a ballot when overvote and undervote notification was given by the scanner.
Voter timing data, Brooklyn, Oct. 26-27, 2006, observed by local activists.
Report by Teresa Hommel: using AIR estimates for DREs, voters will wait 30-140 minutes to vote
Report by Teresa Hommel: with optical Scanners, voters should not wait at all
NYVV 2-page report
NYVV full report

Warning, DRE wait times during peak voting hours:
--200 pollsite voters per DRE, 60% peak hour voters:
Average wait time: 35 minutes
Longest wait: 70 minutes
Percent of voters waiting 30 or more minutes: 58%

AIR Study, page 26, recommendation: pollsite voters per DRE:
Avante DRE - from 218 to 247
Sequoia DRE - from 207 to 243
Liberty DRE - from 295 to 342 (The system used in AIR's Study did not have a final voter-verifiable printout of candidates selected, and not all test voters were instructed to verify their votes on this system.)

AIR Study recommendation: pollsite voters per OpScan:
Diebold OpScan - 1588 to 2571
ES&S OpScan - 1931 to 2571
Jurisdictions with many thousands of voters per OpScan report no waiting lines.

Aug. 2006 Report by NYC BOE
An Analysis of the Number of Voters per Voting Machine, A Report for The Board of Elections in the City of New York, 24 pages, Aug. 21, 2006. The NYC BOE report concludes that 554 registered voters can be assigned per DRE. Our study above shows that this would result in long waits for peak hour voters:
average wait time: 71 minutes
longest wait time: 142 minutes (2 hours and 22 minutes)

Why DREs will cause long lines
Analysis of why DREs cause long lines and higher cost

1.5. School District Elections

Uncertified Liberty DREs were used in upstate School District elections, May 15, 2007

A bill that would require voting machines that are used during school district elections to be approved by the state board of elections.
http://www.assembly.state.ny.us/leg/?bn=A08425
SPONSOR: Nolan
COSPONSORS: Benedetto, Fields, Gabryszak, Gordon T, Lafayette, Rivera P
MULTISPONSORS: Brennan, Farrell, Glick, Gottfried, Jaffee, Koon, Magee, Maisel, McEneny, Millman, O`Donnell, Paulin, Pheffer
Amends SS2035, 1951, 2502 & 2553, Education Law

What to do Call your state assemblymember and ask them to immediately co-sponsor bill A8425 Make sure you tell them that the bill does not require the use of voting machines (because many school district elections are conducted on paper ballots which are hand counted), but if machines are used, they must be certified.

To find your assemblymember, call the League of Women Voters at 212-725-3541 or go to http://www.lwvnyc.org/TRY_find.html

Liberty Voting Review From Troy School Election, Report by Schenectady County Commissioner of Elections Brian Quail, May 16, 2007. While Liberty claims that their voting machine is not a computer, we note that it has a flash drive....

Machines Simple To Use Voters Say, Times Union, May 16, 2007. A report with some errors: It says that the poll WATCHERS turned up late. This is an ERROR, because he meant poll WORKERS, and this is an error--the poll workers were an hour early, and it took an hour for Liberty technicians to get the machines to work.

Polls Open For School Vote, Post Star, May 15, 2007.

Oversight of school voting sought, Activists want state Elections Board to take control from state Education Department. Times Union, May 12, 2007.

District prepares for high-tech voting, The Record, May 10, 2007.

New machines to be set for Troy voting, Times Union, May 8, 2007.

Liberty brochure (prints on legal size paper), April, 2007
NYVV rebuts claims in Liberty brochure, April, 2007

Troy City School District Election Resources, NYVV

The Record in Troy urges education board to dump DRE plan use paper ballots, The Record, Troy NY, May 8, 2007.

Critics Wary Of New Voting Devices, Albany Times Union, April 25, 2007

Voting machines promise accurate election this year, Troy Record, March, 2007

Peacemakers of Schoharie County call for investigation of Liberty for ethical violations, April 27, 2007.
Peacemakers of Schoharie County letter to State Board, April 26, 2007.

1.6. Bought and Sold, Electronic Voting in NY

3-min YouTube trailer for Bought and Sold by filmmaker Bob Millman

BOUGHT AND SOLD Electronic Voting in New York State
(45 minutes)
Important DVD, send a copy to your county leaders and election commissioners, local TV stations and newspapers!
Orders may be sent to the filmmaker via email to r.millman at att.net
You may order on-line using a credit card through Pay Pal at http://stores.ebay.com/Bought-and-Sold-the-movie

Ten-minute clip from BOUGHT AND SOLD

2-minute YouTube movie--test voters were not told to verify the VVPAT on DREs, by filmmaker Bob Millman

1.7. Vendor Irresponsibility

Send a letter to the State Board of Elections supporting Fee Waiver
Fee Waiver Policy proposed to NY State Board of Elections
This is a great idea! Free Open-Source Software is the right alternative!
Wikipedia open-source info

Long letter, HTML
Long letter, Word Doc

Short letter, public distrust of secret software
Short letter, open source is higher quality
Short letter, lower cost
Short letter, avoid privatization

Comptroller Guidelines
The NY State Comptroller says that NY should not do business with vendors with a history of poor customer service, unethical business practices, etc.
Vendor Responsibility: Standards, Procedures, and Documentation Requirements,
New York State Office of the State Comptroller,
Procurement and Disbursement Guidelines
Bulletin No. G-221, November 1, 2004

The major vendors are irresponsible
Irresponsibile Vendors -- Ellen Theisen of VotersUnite shows that voting system vendors fail to meet NY State requirements, July 10, 2007

Andrea Novick's Memo 1 to NYS Governor, Board of Elections, and Legislature, The voting vendors scheduled for certification testing are ineligible to contract with New York State.
Memo I Abstract

Andrea Novick's Memo 2 to NYS Governor, Board of Elections, and Legislature, Alternative Voting Systems that are HAVA-compliant, NYS-compliant and Democracy-compliant
Memo 2 Abstract

Supplement to Memo I to Governor Eliot Spitzer, State Board of Elections, Office of General Services, The Comptroller's Office. By Andi Novick, August 22, 2007

A Publicly Owned and Controlled Voting System Ensuring Transparency and Oversight by the People or Nothing, Andi Novick, July 30, 2007

1.8. U.S. Dept. of Justice Lawsuit

Court Order Jan. 16, 2008
Supplemental Remedial Order
Bo Lipari, Executive Director of NYVV, summarizes the Order

State Board's Papers filed on Jan. 4, 2008
Cover Letter
State Board Plan for HAVA Compliance
Exhibit C, Plan B for 2008
Exhibit E, Plan A Timeline

Comments on the case and Dec. 20 Court Session
NY Times: NYC BOE will buy 1800 BMDs (accessible Ballot Marking Devices)
NY balks at federal voting demands, Star Gazette, Dec. 15, 2007

Transcript of Court Session, Dec. 20, 2007
Transcript

Papers filed with the court prior to Dec. 20

NY State Attorney General Opposes DOJ
Attorney General Memo in Opposition to DOJ Motion
Zalen Affidavit
Kosinski Affidavit

State Board seeks to join counties as parties, Dec. 14, 2007
Order to Show Cause, NYS BOE asks to join 58 County Boards
Memo of Law in Support of Motion To Join the Counties
Kosinski-Zalen Affidavit in support of Order to Show Cause
DOJ opposes State Board

Motion by Election Commissioners Assn (ECA), DOJ response
ECA Brief
ECA Notice of Motion
ECA President Norman Green
ECA Oswego County Commissioners
ECA Nassau County Commissioners
ECA Rockland County Commissioners
ECA two of the ten NYC County Commissioners
ECA St. Lawrence County Commissioners

Motion for Amicus by NYVV, LWV, NYPIRG, CANY
Brief

Letters to the Court
Assembly Members
Voting Machine Technician
Six Counties Ready to Comply without NY’s voting system standards or certification process.

Motion for Amicus, Andi Novick
Brief
Memorandum of Law
Motion for Leave
Notice of Motion for Leave
Order

Teresa Hommel, WheresThePaper.org
Dennis Karius, ARISE
Dave Berman, Voter Confidence Committee of Humboldt County, CA
Richard Stinson, Del4Change (Delaware County, NY)
Steven Freeman, founder of Election Integrity, author of Was the 2004 Presidential Election Stolen? Exit polls, Election Fraud, and the Official Count
Mary Ann Gould, Chairperson, Coalition for Voting Integrity, PA
Wayne R. Stinson, Coordinator, Peacemakers of Schoharie County, Voting Integrity Project
Pokey Anderson, co-anchor of news analysis show, The Monitor, on KPFT, Houston TX
Judy Alter, Director, Protect California Ballots
Rady Ananda, Legal Investigator, co-founder of J30 Coalition of Columbus Ohio, Chair of J30 Research and Investigations Committee
Rady Ananda, Technical Reports on Voting Systems
Rady Ananda, Calculation of Labor, Time and Wages ofr Hand-Counting Paper Ballots for 15 New York Counties
Rady Ananda, Summary of How to Estimate Hours and Costs for Hand Counters
Rady Ananda, Projected 2008 Registration and Turnout for NY (1-page summary)
Karen Charman, Shandaken Democrat Club, Ulster County NY
Jonathan Simon, co-founder of Election Defense Alliance, co-author with Bruce O'Dell of "Landslide Denied: Exit Polls vs. Vote Count 2006," and with others, "Fingerprints of Election Theft: Were Competitive Contests Targeted?"
Nancy Tobi, Chair, New Hampshire Fair Elections Committee, a founder of Democracy for New Hampshire, and Legislative Coordinator for Election Defense Alliance
Joel Tyner, Dutchess County Legislator, District 11, representing Clinton and Rhinebeck
Gary Bischoff, Ulster County Legislator, District 4, representing the towns of Saugerties, Ulster, and Kingston
Susan Zimet, Ulster County Legislator from New Paltz, NY
Mark Crispin Miller, Professor of Media, Culture and Communications at NYU and author of Fooled Again: The Real Case for Electoral Reform
Joanne Lukacher, Northeast Citizens for Responsible Media
Andi Novick, Vendor Irresponsibility (21 pages)
Andi Novick, Vendor Irresponsibility (60 pages)
Comment on Andi Novick Brief and Declarations
Hand-Counting Paper Ballots Proposed In NY District Court, by Dave Berman, Dec. 15, 2007 I am Voter Hear Me Roar: Meet the New York Amici, by Rady Ananda, Dec. 15, 2007

Citizens Speak, State Board of Elections listens
Andi Novick and others speak magnificently, Nov. 7, 2007
Department of Justice Trying to Force New York to Vote on Theft-Enabling Machines for 2008 Election, by Andi Novick, Nov. 8, 2007
The Department of Justice v. New York State v. The Citizens of New York, by Andi Novick, Nov. 11, 2007

Bo Lipari's Blog, NYVV
The DOJ and New York State - Part 1
The DOJ and New York State - Part 2

DOJ asks Federal Court to take over New York's HAVA Compliance:
DOJ asks court to force NY to replace our lever machines by September, 2008,
AND says state regulations mean nothing, only federal standards matter!
So what if the machines don't work or aren't really accessible!

The timing of this legal offensive may be politically motivated and timed to disrupt the Presidential voting in NY in 2008, given that so many NY counties want DREs which would be impossible to obtain and prepare for use so quickly. NY counties do not seem interested in voter-marked paper ballots whether counted by optical scanner or by hand, which would be feasible to obtain and prepare to use in the remaining time.

11/15/07: The date for the DOJ motion to be heard in court, originally announced to be Dec. 6, has been pushed back to Thursday, Dec. 20, 2007.
U.S. District Court
Northern District of New York
Case 1:06-cv-00263-GLS United States of America v. New York State Board of Elections et al
The NY State Response to the DOJ Motion is due by Noon on 12/14/2007;
The Motion Hearing is set for 12/20/2007 at 09:00 AM in Albany before Judge Gary L. Sharpe.

Disaster in the making, New York Daily News, Nov. 12, 2007
Counting on Chaos at the Polls, New York Times, Nov. 18, 2007
New York State takes on the DOJ over e-voting, We don't want no stinking voting machines (the English have a way of getting to the heart of the matter) The Register, Nov. 12, 2007

Andi Novick and others speak magnificently to the State Board of Elections, Nov. 7, 2007

Legal Papers
Notice of Motion to Enforce June 2, 2006 Remedial Order, 2 pages
Memo in Support of US' Motion to Enforce the June 2, 2006 Remedial Order, 30 pages
Heffernan Declaration, 3 pages
Republican Plan Sept. 29, 2007
Democratic Plan Sept. 29, 2007

Reaction to DOJ Motion to Enforce
Madison County Board of Supervisors - Resolution 430, Nov. 20, 2007

Bo Lipari's Blog on the DOJ action, Nov. 10, 2007

Press Conference against DOJ takeover of NY State selection of new voting equipment and DOJ legal effort to force NY to buy failed equipment, conducted by Council Member Simcha Felder, Nov. 8, 2007, on the steps of New York City Hall.
Felder Press Release
photos

Civic Groups Blast Department of Justice Proposal to Gut Standards for New Voting Systems, NYVV, LWV, and NYPIRG, Nov. 7, 2007

US to NY: You Gotta HAVA Faulty Voting Machine, by Rady Ananda, Nov. 7, 2007

Andi Novick's Remarks for State Board of Elecions, Nov. 7, 2007

Federal Take-Over of New York State Elections?
Voice of the Voters!, Nov. 7, 2007, on the Internet:
http://wnjc.duxpond.com/ or
www.voiceofthevoters.org
GUESTS:
Bo Lipari, Executive Director, New Yorkers for Verified Voting
Andi Novick, attorney; founder of Northeast Citizens for Responsible Media
John Bonifaz, Constitutioal and Voting Rights Lawyer, Legal Director VoterAction.org

Feds demand voting overhaul, Times Union, Nov. 7, 2007
Feds weigh takeover of NY voting machine selection, Newsday, Nov. 7, 2007
Feds Ask Court to Order New Voting Machines for New York by 2008, WXXI, Nov. 6, 2007
Justice Department Pushes for New Voting Machines, WNYC, Nov. 7, 2007

1.9. NYS wants to use DREs as BMDs

OGS announces bidding for BMDs, Office of General Services, bidding opens Nov. 19, 2007

Draft BMD Requirements
Comment was needed by Oct. 5,