HAVA and VOTING ISSUES
Resolution for public hearing February 6, 2008 at 6 PM, Ulster County office Bldg:
http://www.co.ulster.ny.us/resolution-archives/2007/433-07.pdf
Proposed local law and more information from Ulster County Legislator Gary Bishoff below.
Feb 5, 2008 Daily Freeman - Hearing focus is voting machine law
Ulster County Legislators in Friend of Court appeal on Voting Machines: Legislators, Susan Zimet, D-New Paltz and Gary Bischoff, D-Saugerties joined in the submission. In Dutchess County, Legislator Joel Tyner submitted a brief. See the Press Release
Read Andi Novick's explanation of the suit to be filed in the US vs NYS BOE and NYS
Declaration of Voting Principles a well written piece on voting by Mary Ann Gould
Gary's side by side analysis of Voting Machines
Sign the Hand Count Every Vote Petition: http://www.petitiononline.com/hndcount
Empire State will vote on paper ballots, not DREs - Bo Lipari - Exe. Dir., New Yorkers for Verified Voting
Amicus Brief
Sign the Hand Count Every Vote Petition: http://www.petitiononline.com/hndcount
Voting Machine Issues from across the country - Contributed by Rokki Knee Carr
Vote by Mail presentation for Ulster County Legislature
From Gary Bischoff:
"I have strong feelings about what type of voting machine Ulster County should have. There is no question in my mind that we should have Paper Ballot - Optical Scan (PB/OS) as opposed to Direct Recording Electronic (DRE). "
There have been many problems with DREs, and in fact several states including Maryland, Colorado, California and Ohio are scrapping DREs. There have been problems starting the machines on election day, machines dying during an election (just like when your PC dies due to a Windows problem), voter confusion, mysterious lost votes and outright hacking. Computer professionals who know and understand computer software and voting technology are against DREs. With DREs there is no paper trail built in. In other words, if there is a failure at any point during an election, the votes can not be retrieved. No recount is possible in a close election. DRE manufacturers have tried to correct this by adding a printer that prints out a paper record of each voter's selections. The added printer caused more problems. The printers have been another source of failure and the printer port added another security exposure because a hacker could get into the inner workings of the machine via the printer port. It takes longer for a voter to vote on a DRE than a paper ballot, causing either election day lines or more expense for additional machines.
PB/OS has many advantages, with the most important being that there is a verifiable paper trail with a ballot that is actually marked by the voter. It is a less complex system and a proven technology. It is less costly not only for the initial purchase, but for storage, maintenance and less reliance on expensive professionals employed by the vendor. When an election district grows, all that is necessary is to add more privacy stations where voters can fill in their paper ballots. One optical scanner machine can service many stations since it only takes a few seconds to put the paper into the machine, where it is read and the paper ballot falls into a locked box.
There was a decision late in January by the New York State Board of Elections regarding voting machines that should be used in every polling place in New York for handicapped accessible voting. New York State has rejected DREs and approved only the Automark and the Sequoia ImageCast scanner/marker for use in 2008 polling places. This decision by the State Board of Elections virtually guarantees that New York State will vote on paper ballots and ballot scanners when it finally replaces lever machines in 2009. However, Liberty, a manufacturer of DREs, has announced that they are resorting to legal action to try to change the State BOE decision. There will be other pressures and we need to remain vigilant since there is so much money involved in the implementation of voting machines across New York.
The law we are proposing for Ulster County is simple in that it requires any voting technology to provide a paper ballot that is marked by the actual voter. Ulster County would be the first county in New York to have a more stringent law regarding voting machine technology than the state or federal government. The hearing will be held at the Ulster County Office Building, 244 Fair Street, Kingston at 6 p.m. on February 6. Members of the public are invited and encouraged to speak at this hearing.
--Gary Bischoff
More information from Andi Novick:
Once upon a time we understood the requirements of a democratic electoral process in NY. We understood that the right to choose our representatives meant nothing if the people cannot know -- not merely trust-- that their will was accurately reflected in the election results. The NYS legislature provided for public scrutiny of the entire process from casting to counting on election day and night. The Legislature insisted upon multiple safeguards to prevent or minimize the propensity for insider fraud. The Law in NY required that every process in the election, including the counting, be watched by many eyes --- election officials and "watchers" from the public and the parties all watching each other every step of the way. It was understood that the right to vote included not merely the right to cast a vote, but to know that the vote was received and accurately counted. See the amicus brief & accompanying declarations at: http://electiondefensealliance.org/projects/DOJ_v_NY_HAVA_complaint.
Computerized voting systems are the antithesis of everything we once understood was essential to a secure, reliable election. Citizens and public officials can no longer see or otherwise monitor their elections when the process is made invisible by computers that perform in cyberspace the functions previously undertaken by trained poll workers in public view. Not only do computers deprive citizens of meaningful oversight and scrutiny of their elections, but private voting vendors secretly program the DREs and Paper Ballot Optical Scanners- directing them how to process and count our votes. Computerized elections permit the entire operation, including and especially the counting, to be done in secret, concealed from both the public and most election officials!! Let's learn from the evidence and avoid wasting our tax dollars are the same faulty, hackable-prone computers that have haunted the nation since the passage of HAVA.
Contact your County legislators:
In Ulster County: Legislators http://www.co.ulster.ny.us/legislature.html. Contact Democratic Election Commissioner John R. Parete, and Republican Election Commissioner Thomas F. Turco at 284 Wall Street
Kingston NY 12401, Phone: 845-334-5470. Invite them to join you at these screenings.
In Dutchess County: Legislators http://www.co.dutchess.ny.us/CountyGov/Departments/Legislature/CLlegislators.htm. Contact Democratic Election Commissioner Fran Knapp, fknapp@co.dutchess.ny.us, and Republican Election Commissioner David Gamache, dgamache@co.dutchess.ny.us. Invite them to join you at these screenings.
Our legislators are trying to do the right thing by choosing paper ballot optical scanners over DREs and are to be applauded for that. But dozens of independent studies from computer scientists show these optical scanners are not reliable and can be easily hacked into. This can not be acceptable in a democracy. Audits and recounts after an unsafeguarded and vulnerable electoral process is no answer. The answer is an honest and open first count on election night, see We need to eliminate secret vote counting, not a recount.
NY VOTING MACHINES
From Bo Lipari, Executive Director, New Yorkers for Verified Voting. Submitted by Terrie Rosenblum, Chair Woodstock Democratic Committee.
I'm pleased to announce that after five years of hard work on the part of voting integrity advocates, New York State has rejected DREs and approved only the Automark and the Sequoia ImageCast scanner/marker for use in 2008 polling places. This momentous decision by the State Board of Elections virtually guarantees that New York State will vote on paper ballots and ballot scanners when it finally replaces lever machines in 2009.
Those of you who were with us at the beginning five years ago know what an enormous victory this is. When I first started traveling, presenting and advocating in New York, election officials, political parties, and machine vendors assumed that New York State was going to be a DRE state. Precinct scanners were not under discussion, and only DREs were offered by vendors. Our experience over these five years reflects the truth of Gandhi's statement - indeed we were ignored, then laughed at, then fought bitterly by the voting machine vendors and their supporters in the election establishment. But finally, truth has prevailed, and what seemed like an impossible dream in 2003 has been made real by our hard work - New York State will be a paper ballot state.
Just yesterday, it seemed like high powered lobbyists had scuttled our hopes once again as they maneuvered to keep DREs in the mix even though they were in clear violation of New York's laws(see my post describing yesterday's events). But this morning, when the Board reconvened it was immediately obvious from the commissioners opening statements that those who were pushing for the DREs had conceded defeat. No small amount of thanks is due to Commissioner Doug Kellner (D), who firmly held the line yesterday and during a long night of backroom political maneuvering, vowing he would never approve the DRE submissions which did not fulfill the requirements of New York State election law regarding accessible voting machines.
While technically it is possible for a DRE vendor to submit and win approval for the 2009 lever machine replacement, this is highly unlikely as at least half of the HAVA funds will be spent on scanner compatible ballot markers. Since all the approved systems are components of a precinct based scanner system the least expensive path, and the only sensible one, is for counties to complete their HAVA implementation with paper ballots and scanners. We've learned to never be complacent, but this time we have reason to be confident that the scanner compatible choices of today will inevitably lead to paper ballots for all New York voters tomorrow.
My deepest thanks to everyone who fought this long, difficult battle. This is only Round One, and I promise you we will have much, much more to do to guarantee that our elections belong to the public, and are transparent and observable. But for today, let's break out the champagne, relax, and celebrate this great victory. What was once only a slogan representing what we fought for has now become a reality - Paper Ballots for New York!
Congratulations friends. Together we have changed the course of New York State election history, and 12 million registered voters in the Empire State will vote on paper ballots, not DREs.
Bo Lipari
Executive Director
New Yorkers for Verified Voting
UCDW SIGNS ON TO AMICUS BRIEF
DEC 6, 2007 Andi Novick is filing an Amicus Brief in the case of whether or not NYS will be compliant with HAVA (Help America to Vote Act) voting machine federal law. Dem Women have signed on to the brief. Read brief: http://electiondefensealliance.org/projects/DOJ_v_NY_HAVA_complaint
Read more about voting machine issues across the country.
VOTING MACHINE ISSUES ACROSS THE COUNTRY
Contributed by Rokki Knee Carr
OHIO - GIVING THE SLIP THE SLIP - More than 20% of touch screen votings in Cuyahoga County were unreadable in the most recent elections. This came to light as officials tried to do a recount of an election in two races, covering only 17 of the county's 1,436 precincts. If this happens in 2008, an Ohio recount could be jeopardized. http://www.cleveland.com/news/
NEW YORK - PAPER, GET YOUR PAPER - Madison County supervisors are taking their own set of actions to comply with HAVA. They have approved a resolution which favors adoption of an Optical Scan/Paper Ballot system. http://www.oneidadispatch.com
ELECTION DAY REGISTRATION
NATIONAL - COULD WE GET EDR NATIONWIDE? - Last week hearings were held on a bill introduced by Representative Keith Ellison (D- Minn) that would require states to allow Election Day Registration for federal elections. Predictably, Democrats on the House administration Subcommittee on Elections supported the measure, while GOPer flacks kept yelling "fraud, fraud, fraud" with no proof that EDR leads to increased election fraud. Even opponents had to agree that EDR improves voter turn out.
http://www.examiner.com
VOTE BY MAIL
MONTANA - THE VOTE IS IN THE MAIL - Election officials in Helena Montana are thrilled with the results of their first mail in balloting. The experiment yeilded the highest voter turnout rate for a city election in three decades. The 61.5% turnout was almost double that of the last off-term election, when the voter rate was only 30.9%. Town officials will be looking at using this method for future municipal elections. http://www.helenair.com
VOTER IDENTIFICATION
NATIONAL/INDIANA - VOTER ID LAWS DO SUPPRESS THE VOTE - The headlines shouldn't come as a surprise to anyone who has been following the Voter ID debate, but this week we got quantitative evidence. In a friend of the court brief filed by the Brennan Center and others as part of the Supreme Court's review of the Indiana Voter ID case, there is empirical evidence that the voter ID laws is likely to disproportionately affect African Americans, low income voters, students and senior citizens who are least likely to to have valid voter ID. http://www.brennancenter.org
VOTING MACHINES
COLORADO - OH, WHO NEEDS TO TEST VOTING MACHINES? - Budget issues are causing legislators in Colorado to question whether they need to test and certify voting machines or simply rely on federal certification. The movement to take the Secretary of State out of the process ignores the fact that Colorado's standards exceed those of the federal regulations.
Unfortunately, you can't read this article without signing up and loging in. http://www.gjsentinel.com
CALIFORNIA - WE'LL SEE YOU IN COURT - The City of San Francisco is suing Election Systems and Software for their failures in ES&S' Auto Mark system and failure to notify the California Secretary of State of changes made to the marking devices.
http://www.sanfranciscosentinel.com
NATIONAL - SEQUOIA SOLD - Voting machine manufacturer Sequoia Voting Systems has been sold to a group of private US investors. This move puts Sequoia under American ownership, which was an issue that had been raised in the last election cycle.
http://www.sequoiavote.com
VOTE COUNTING
NATIONAL - ALL VOTES COUNT, EVEN PROVISIONALS - Rep. Rush Holt (D-NJ) introduced another piece of voter protection legislation last week. This bill, the Provisional Ballot Fairness in Counting Act of 2007, H. R. 4145, aims to make sure that provisional ballots are counted, and would require ballots cast in a state to be counted in statewide races if the voter is registered anywhere in the state, and ballots cast in the correct Congressional district to be counted if the voter is registered anywhere in the Congressional district, regardless of whether or not the ballots were cast in the correct precinct.
http://www.votetrustusa.org
VOTE BY MAIL
View the Vote By Mail presentation prepared by the Ulster County Legislative Committee; Susan Zimet—Chair, Tracey Bartels, Cindy Bell, Sue Cummings, Stuart Fraser, Beth Murphy, and Tom Turco.
6/27/07
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