Prods State to Upgrade: City: Draft Voting Regs ‘Defective’

Prods State to Upgrade
City: Draft Voting Regs 'Defective'

By GINGER ADAMS OTIS

The head of Mayor Bloomberg's Election Modernization Task Force sent a letter Feb. 23 to the state Board of Elections describing its draft voting machine regulations as "gravely defective" and in need of substantial revisions.

MICHAEL A. CARDOZO: Haven't fixed problems. Corporation Counsel Michael A. Cardozo's complaint came on the heels of widespread condemnation from voter advocacy groups, which argued last week that the board wasn't ready to make a decision on new machines. Those organizations called upon the board to postpone a meeting to define the specifications for the upgraded technology, but as this paper went to press Feb. 27, the board had convened to work out its final regulations.

Counties' Choice

Once guidelines are issued defining the brands and types of machines approved by the state, companies will begin to submit models for certification. It then falls on individual counties to select and purchase their preferred model, and hire and train election inspectors.

But in the last 10 days, officials in New York City, Long Island, Otsego and Chemung counties have stepped forward to say they probably won't be ready for the Sept. 12 primaries, when voters head to the polls to elect 212 legislators, a Governor, and a U.S. Senator.

The state was threatened with a lawsuit by the U.S. Department of Justice after it missed a Jan. 1 deadline, and risks losing $220 million in Federal aid meant to help buy and install new voting technology. The Justice Department said New York lagged behind all other states in upgrading its machines.

In his letter, Mr. Cardozo sharply criticized the board for adopting only a minimal number of suggestions and improvements issued by city, state and independent voting experts after its first draft of regulations was released several months ago.

'Confusing, Not Secure'

He said the regulations were widely considered "incomplete, confusing and failing to include sufficient security and functionality precautions." He expressed disbelief that the board hadn't made more effort to incorporate feedback from outside groups before issuing a second version of regulations.

"[They are] gravely defective and should not be adopted in their present form," he wrote. "It is inconceivable to us that the State Board of Elections would adopt regulations that fail to resolve the numerous concerns expressed by the largest voting jurisdiction in the State."

The urgent need to upgrade voting machines stems from the Help America Vote Act that was passed after the 2000 presidential elections. It granted Federal funds to help states rapidly revamp their technology, with special emphasis on getting machines in place that helped disabled voters, but mandated compliance by 2006.

Limited Compliance?

Some elected officials said many New York counties will have to pay lip service to HAVA in upcoming elections by having at least one upgraded machine in place at each poll that can help vision-impaired and disabled voters, while everyone else casts their ballots on the antiquated lever machines.

Voter advocacy groups expressed concern that new machines wouldn't be thoroughly vetted for security breaches if the board tried to push the state toward full-fledged electronic voting in 2006, but state Board of Elections spokesman Robert Brehm told the Democrat & Chronicle newspaper last week that all machines must pass Federal inspections before they can be used, and that requires that two million votes be cast on each one.

Additionally, Mr. Brehm said, the board had contracted with an outside firm to consult on testing issues.

Cardozo Skeptical

Mr. Cardozo, however, still has concerns that city voters will end up with poorly tested and malfunctioning voting machines come Election Day. He said the state board should adopt the numerous draft regulation revisions suggested by the city Board of Elections.

He said the changes were necessary to add clarity in certain areas, such as procedures for procurement of new machines, the inclusion of more specific and stringent security and testing requirements, and the training and support voting system vendors will provide to localities.