[LocalLeaguePresidents] LWVNYS Presentation to NYSAC

[Maggie Moehringer]

All, forgive the length of this message, but I thought this was easier than
an attachment. The below is the text of Aimee Allaud's (LWVNYS Elections
Specialist) presentation at the New York State Association of Counties
conference last week. She was on a panel that included representatives from
the NYS Board of Elections (Bob Brehm, Public Information office and Paul
Collins, Counsel) and a county BoE Dem commissioner. It's a great reminder
of the goals of HAVA and a good summary of the need and requirement to
replace the lever machines.

Regards,

Maggie Moehringer, LWVNYS VP for Voter Service

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 

 

NYSAC HAVA Panel - September 17, 2009

Aimee Allaud, Elections Specialist

NYS League of Women Voters

Thank you for the invitation and opportunity to discuss the implications for
New York counties of implementing the Help America Vote Act.  

Introduction - NYVV and LWVNYS

The League of Women Voters of New York State is a nonpartisan political
organization which encourages informed and active participation in
government and works to increase understanding of major public policy
issues, and influences public policy through education and advocacy.
Voting is fundamental to being a citizen and the League has worked on the
issues surrounding exercise of the franchise since women became enfranchised
in 1920.  We work in coalition with many other like-minded organizations to
educate voters and to advocate for laws which will secure the integrity of
the vote while expanding opportunities for using it.

One of our partners in the process to implement the Help America Vote Act
(HAVA) has been New Yorkers for Verified Voting (NYVV).  NYVV, like the
League, is a nonpartisan, not for profit organization whose mission is to
ensure that all eligible citizens can vote, and that their votes will be
accurately counted.  Both NYVV and the League endorsed a voting system based
on voter-marked paper ballots. This goal was achieved when the paper
ballot-scanner voting system was chosen by New York counties in 2008.  We
advocated for the paper ballot-ballot marker-scanner system because with
rigorous procedures and citizen oversight it is effective in ensuring both
access and accuracy. 

Lever retention vs HAVA 

Our organizations fully support the changeover from lever voting machines to
the voter marked paper ballot system.  While there continues to be
disagreement whether  HAVA requires replacement of lever machines, NYVV,
LWVNYS, and many other organizations representing many constituencies,
believe that newer technology can provide better verifiability and a voter
verifiable paper record that is the official record of the voter's intent.
Copies of the joint NYVV/LWVNYS statement, "Do Lever Machines Provide a
Better Voting System for Democracy?" by Wanda Warren Berry and Aimee Allaud,
February, 2009 have been provided to the Association and attendees at the
panel today.   

An additional resource is the NYVV paper entitled, "Lever Machines and the
Help American Vote Act," February 12, 2009, available on the NYVV website,
www.nyvv.org  which cites the sections of HAVA that are clear and
unambiguous about the requirement to replace mechanical lever machines.  The
primary reference is Title III, Section 301, which requires that the voting
system shall produce a permanent paper record with a manual audit capacity
and that the voting system shall provide the voter with an opportunity to
change the ballot or correct any error before the permanent paper record is
produced.  The secondary citation (HAVA Title 1, section 102) requires that
states which take Federal funding to replace lever machines must use the
funds to replace those machines.  New York State has accepted and used these
funds.  HAVA clearly states that in this case lever machines must be
replaced.  

New York State and County Responsibilities under HAVA

The familiar lever voting machine, though it has performed fairly well for
over 100 years, does not meet current standards for voting systems.  The
League and other election integrity organizations recognized that our
efforts should be directed toward selecting a voting system based on voter
marked paper ballots and establishing through legislation the highest
standards for certification of the new voting equipment.  The Election
Reform and Modernization Act of 2005 implements the Federal law and, indeed,
goes beyond that law, to set higher standards for accessibility,
certification of voting equipment, and post-election auditing by local
boards of elections.  The lever machines cannot meet these standards.  They
cannot truly be audited since they provide no record of individual votes.
To provide accessibility, counties have to deploy another machine with
completely different technology.  A local elections commissioner commented,
"with the optical scanner system, we now have two records to compare to
verify the vote:  a machine count and the paper ballots.   With the levers
we have had no backup to recount the vote; all we can do is rechecking the
numbers on the machine to make sure the inspectors recorded them correctly."


HAVA provides a "carrot" in the amount of approximately  $220 M. dollars to
New York State to purchase new voting equipment, upgrade the state's voter
registration system, improve accessibility of poll sites, and improve
education and training of election officials and voters.  New York and the
counties must also provide  5% funding matches for certain requirements
imposed by HAVA.

Under the Constitution, the states bear special responsibilities to protect
the right to vote and the integrity of our elections.  In New York, the
State Board of Elections is vested with the responsibility for
administration and enforcement of laws relating to elections.  County boards
of election have the primary responsibility for registration and election
operations. (1)

Examples of the many functions which county boards of election perform can
be found on the Albany County BOE website, at www.albanycounty.com.,
however, this description does not include the expanded functions and duties
which county boards of elections will be obligated to perform because of
HAVA and ERMA mandates.

Implied under the Help America Vote Act is joint responsibility between the
State and the counties for administering the mandates to be implemented.
Historically, the operations of county boards of elections have been funded
solely by county legislatures through the budget processes. 

(1) "Voting Matters in New York:  Participation, Choice, Action, Integrity,"
Office of Attorney General Eliot Spitzer, February 12, 2001.

Now, the federal and state governments need to find ways to assist counties
with the unexpected costs involved in the transition to the new voting
system in order to achieve the goals of HAVA.

ERMA gave the counties the power to choose the new equipment, but it also
placed increased responsibility for supporting a highly technical operation
on the local boards of elections. The additional mandates placed on county
boards of elections resulting from both HAVA and ERMA will increase the need
for:

1.         skilled  personnel in-house to perform technical operations
functions and provide  additional training for poll workers  

2.         adequate environmentally controlled and physically secure storage
for electronic voting machines, 

3.         intensive recruitment to increase the pool of election inspectors
and provide sufficient training on new voting machines and election
procedures,

4.         additional personnel to perform the mandatory 3% manual audit.  

Additional state funding directly to the counties for purchasing equipment
such as digital printers to print ballots in-house could address the major
on-going cost (paper ballots)  and give counties independence  from reliance
on vendors.  New York State Board of Elections officials have said that HAVA
funds may be used to purchase these printers if they meet New York State
requirements.  Large counties may need to purchase their own printer but
smaller adjacent counties could combine funds to purchase a "regional"
printer.  A resource for information on ballot printing costs is "Facts
About Ballot Printing Costs," by Marge Acosta, NYVV, July, 2007, available
at nyvv.org.  

Collaborative arrangements among adjacent counties for purchasing equipment
and services, such as privacy booths, accessories, training costs, EMS
ballot programming, consultants' services, could be incentivized by state
assistance.  The NYSBOE should investigate authorizing the use of HAVA money
for Election Management Systems (EMS) purchase, as well as other systems
support funds.

New York State counties have recognized in theory that regional
collaborations of government could produce economies and efficiencies of
scale.  County boards of elections functions in implementing HAVA and ERMA
could be the opportunities needed to jump start the exploration of such
efforts.   The Lundine Commission on Local Government Efficiency and
Competitiveness (April 2008) also "encourages regional solutions,
cooperative services and consolidation" where possible as one of its
recommendations for the delivery of local government services.  The New York
State Association of Counties could be the facilitator between the counties
to explore ways of meeting HAVA and ERMA mandates efficiently and
cost-effectively.  The Association could also advocate with the Legislature
to recognize that voter education is also the key to successful elections,
especially when introducing a new system.  As we transition to the new
voting technology, additional funds are needed to prepare the electorate and
to train election personnel. 

The mandated changes to New York's election system have the ability to
improve the administration of elections and the experience of voting for all
voters.  Anecdotal evidence from around the state suggests some unevenness
in the seriousness with which election officials are taking HAVA's challenge
to improve the accessibility and verifiability of our elections.  We hope
NYSAC will encourage realization of the importance of these goals. We also
hope that we can find ways to work together to obtain federal and state
financial help for the counties.  

Thank You.

 

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