Thank you, Wilms! :hi:
Election Integrity: Fact & Friction
NY: Planned Lawsuit Challenges Constitutionality of E-Vote Counting
by Howard Stanislevic
An open letter to New York's election commissioners, citizens and poll workers, penned by Andrea T. Novick, Esq., the attorney who filed the amicus brief in the US Dept. of Justice's lawsuit against the state, suggests that, among other things, electronic vote counting violates the state's Constitution.
In addition to the constitutional claim, the letter also makes the following claim about New York's current voting system, which is comprised almost entirely of non-computerized mechanical lever machines used to count votes only on election day:
The present machines are legal under the Help America Vote Act (HAVA), as long as Accessibility requirements are met with at least one accessible ballot marking device per polling place to accommodate voters with disabilities.
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Reading law is hard work
Any reasonable reading of HAVA seems to confirm Kellner's assertion that levers are compliant, since Section 301 of the HAVA statutes, "Voting Systems Standards":
* does NOT require voter-verified paper audit records or ballots (which would make many DRE (usually touchscreen) voting machines non-HAVA-compliant);
* does NOT require the voting system to use a printer to produce the paper records required by HAVA; and
* does NOT contain accuracy requirements that are applicable to either lever machines or hand counted paper ballots.
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Novick wrote of the decades-old machines:
"Levers in their mechanical simplicity have a transparency that enables regular human beings to observe both foul play and innocent failures. The evidence of the failed votes can be proven in court just the way the evidence as reflected by the hand-count tally sheets could prove that the people's will may not have been realized."
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In its litigation in the Dept. of Justice case, NY State failed to make the case that levers are in fact HAVA-compliant, even though the attorney for the United States admitted recently in his remarks to the court that HAVA does not require voter-verified paper records to be produced. The issue of lever machine compliance therefore remains unadjudicated.
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Should New York not wish to return the HAVA money earmarked for lever replacement, Novick says that there is another possible remedy that would satisfy both HAVA and the state constitution: hand counting paper ballots for federal elections, while the lever machines could continue to be used for state and local elections that are not subject to federal law. This would involve at most, three hand counted contests, and in 2008, would involve only two, since there is no US Senate seat up for grabs this year. Under this plan, the lever machines could be used as privacy booths, allowing most voters to hand mark their paper ballots for the one to three possible federal contests, and then proceed to vote in other elections on the familiar mechanical ballot displayed on the lever machine. A supply of federal ballots, pens and clipboards would be the only required changes to the current voting system -- and of course the hand counters for the federal elections.
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http://e-voter.blogspot.com/2008/03/ny-planned-lawsuit-... Original post and discussion:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x499446