RESOLUTION NO. 146 of 2009
DATED: Fonda, New York, June 23, 2009
RECOMMENDATION: Move To Full Board With Positive
Recommendation
RESOLUTION TO JOIN THE NEW YORK STATE ASSOCIATION OF TOWNS AND
OTHER COUNTIES IN SEEKING COUNTY LEADERSHIP AND SUPPORT FOR
FISCAL RESPONSIBILITY BY STAYING WITH LEVER VOTING MACHINES
(BOARD OF SUPERVISORS)(BOARD OF SUPERVISORS)Resolution by Strevy Seconded by: Greco
Supervisor:
WHEREAS, for many decades Montgomery County has successfully
used mechanical lever-style voting machines, with very few
problems, and is desirous of continuing to do so, and
WHEREAS, New York State enacted the Election Reform and
Modernization Act of 2005 (ERMA) and other laws that require all
lever machines to be replaced and prohibit the use of any lever
machines in any future elections in New York State, and
WHEREAS, Montgomery County believes that the continued use of
lever-style voting machines is in the best interest of the
public and should be permitted to be used in future elections,
and
WHEREAS, it is the opinion of this Board that if the State of
New York replaces lever voting machines with optical scanner
systems, the cost to the taxpayers of Montgomery County will be
insurmountable not covered by HAVA funds and the payment thereof
will severely strain and possibly break the budgets of all
Counties in this time of economic crisis, and
WHEREAS, the expense of the computerized voting systems is
exorbitant and will no doubt increase annually and there will be
uncertain as to costs and expenses, none of which exists with
the current lever machine and BMDs machines, and
WHEREAS, New York State now has, accurate and reliable electoral
system using the lever-style voting machines, and
WHEREAS, the New York State legislation relating to voting
machines far exceeds the federal requirements of Help America
Vote Act (HAVA), and
WHEREAS, the State’s statutorily required elimination of leverstyle
voting machines is unnecessary, inappropriate and costly
to Montgomery County taxpayers, and in these difficult economic
times, the cost to implement elections with these new machines
will not be paid for New York State and is an un-funded mandate,
RESOLVED that the Montgomery County Board of Supervisors hereby
joins with the New York State Association of Towns and other
Counties seeking and supporting the continuation of our lever
voting machines together with Ballot Marking Devices (BMD) and
rejecting the use of a computerized voting system as the
computerized voting system will be a huge expense and
undertaking in Montgomery County during this time of economic
uncertainty, and
RESOLVED, that the Montgomery County Board of Supervisors hereby
requests the New York State Legislature and the New York State
Board of Elections to enact laws, rules and regulations as
specifically authorized to continue the use of lever-style
voting machines, and
RESOLVED, that a copy of this resolution be forwarded to the New
York Association of Towns, Election Transparency Coalition,
Governor David Paterson, New York Senate Majority Leader Malcolm
A. Smith, Assembly Speaker Sheldon Silver, Assembly Minority
Leader Brian Kolb, Senator Hugh Farley, Congressman Paul D.
Tonko, Assemblyman George Amedore and Assemblyman Marc Butler,
the Executive Directors of the New York State Board of
Elections, Todd Valentine and Stanley Zalen, the New York State
Board of Election Commissioners, James Walsh, Douglas Kellner,
Evelyn Aquila and Gregory Patterson, United States Senators
Charles Schumer and Kirsten Gillibrand.
MOTION TO TABLE by Supervisor Barone, Sr., seconded by
Supervisor Dybas, was defeated with Aye(433). Supervisors
Barone, Sr., Dybas and Quackenbush voted Aye. Supervisor
Stagliano was absent. (6/23/2009)
MOTION TO AMEND to strike the first "Resolved" clause and
replace it with the following: "RESOLVED, that the Montgomery
County Board of Supervisors hereby joins with the New York State
Associations of the Towns and other Counties seeking and
supporting the continuation of our lever voting machines
together with ballet marking devices (BMD), and" by Supervisor
DiMezza, seconded by Supervisor Barone, Sr., passed with
Aye(1196). Supervisors Barone, Sr., McMahon and Quackenbush
voted Nay. Supervisor Dybas abstained. Supervisor Stagliano was
absent. (6/23/2009)
RESOLUTION ADOPTED with Aye(1636). Supervisor Dybas abstained.
Supervisor Stagliano was absent. (6/23/2009.
County Attorney
cc: County Treasurer
County Clerk
Board of Elections
(.pdf)
http://nylevers.files.wordpress.com/2009/06/montgomeryctyleverres-document.pdf