NY is gradually being forced to implement electronic vote counting systems. The Legislature, in order to "comply" with the Help America Vote Act (HAVA), passed the Election Reform and Modernization Act of 2005 (ERMA). ERMA said to replace all lever voting machines by Sept. 2007. But HAVA only requires NY's voting system to be accessible to voters with disabilities, which NY is currently in the process of providing by using ballot marking devices and
hand counting the paper ballots on Election Night (our lever voting machines already meet all other HAVA requirements). Thankfully, NO computerized e-vote counting is being used so far (except for the small number of NY's absentee ballots), and for good reason:1. In 2006, the National Institute of Standards and Technology (NIST), who advises the US Election Assistance Commission, has stated that software-based vote counting systems are
NOT possible to certify to high levels of reliability and security, as we have seen in other States.
http://vote.nist.gov/DraftWhitePaperOnSIinVVSG2007-20061120.pdf2. No systems have even come close to meeting either federal (2005) or New York standards, despite the fact that such standards are inadequate anyway, according to NIST.
3. Most computer scientists who have studied these systems, hacked them, and published the results of their work for States such as CA, CT and OH, agree that they are not suitable for use in elections, and even they have NOT found ALL the bugs (it's widely believed that finding them all is impossible, and definitely impossible to prove!). For example, Diebold's Global Election Management System has been shown to routinely drop vote tallies from WHOLE PRECINCTS, which was NOT discovered in any software review or certification process. (It was discovered in actual elections!)
4. As a result of the above issues, last year, the NY Legislature extended the deadline for the replacement of lever voting machines
indefinitely by amending ERMA. Here's the link to the law:
http://www.elections.state.ny.us/NYSBOE/hava/Chapter506.pdfNOW, IF YOU DIDN'T KNOW ANY OF THIS, I'M SORRY TO SAY YOU HAVEN'T BEEN PAYING ATTENTION. PROPONENTS OF E-VOTE COUNTING IN NY HAVE
NOT BEEN PUBLICIZING THESE FACTS BECAUSE THEY HAVE BEEN PUSHING OPTICAL SCANNERS FOR SO LONG, THAT IT'S JUST TOO
INCONVENIENT FOR THEM TO CHANGE COURSE. APPARENTLY, THEY THINK SOFTWARE CAN BE RELIABLY CERTIFIED, OR THAT WE WILL BE RECOUNTING PAPER BALLOTS ANY TIME THERE IS A "SUSPICIOUS" ELECTORAL OUTCOME, BUT NY'S HISTORY, CASE LAW, AS WELL AS EXPERIENCE IN OTHER STATES, SHOW THIS IS NOT LIKELY TO HAPPEN. THE COURTS AND APPARENT WINNING CANDIDATES WILL
REQUIRE PROOF THAT THE PAPER BALLOTS HAVE NOT BEEN TAMPERED WITH POST-ELECTION AND
PROOF THAT VOTES WERE LIKELY TO HAVE BEEN MISCOUNTED BY THE COMPUTERS. Such evidence is difficult or impossible to obtain, so NO HAND RECOUNTS will occur at the drop of a hat in NY. It is more likely that we will simply become the
NEXT FLORIDA.Despite these concerns, the move to software-driven e-vote counting is proceeding, albeit at a snail's pace. The reason is simple:
nobody has said "NO!" New York already has one of the most secure and reliable voting systems in the country, and is the
only State does NOT count votes with computers.
WE SHOULD DO EVERYTHING WE CAN TO KEEP IT THAT WAY.
SO HAVE YOU SIGNED UP YET?
Here's a petition that you can sign to support the continued use of lever voting machines on NY State Constitutional grounds -- hopefully forever!:
http://www.electiondefensealliance.org/ny_levers_petition
SO SIGN IT!Don't believe all the hype about
paper ballots. They are easy to vote on and count by hand, but
THEY WILL BE COUNTED BY COMPUTERS as early as 2009 unless we act today. And they will NOT be audited by hand in sufficient numbers to confirm the outcomes of elections. If we don't stop this, NY will slowly become the
NEXT FLORIDA, and we have more than enough of those as is.
SO SIGN THE PETITION PLEASE.
http://www.electiondefensealliance.org/ny_levers_petitionAlso NOTE: if you are disabled, or know voters who are disabled, this litigation will benefit you (or them) by requiring accessible paper ballots to be counted by hand on election night, which is the current standard in NY, instead of by computers.If you'd like to hear more about this, listen to attorney Andi Novick on Internet Radio here:
http://www.toginet.com/podcasts/election%20defense%20alliance/ElectionDefenseAllianceLIVE_2008-09-17-18-58.mp3She will be suing the State to keep the levers. And if you know of any attorneys who would be willing to help,
PLEASE have them contact her at: anovick AT fnklaw.com