Open letter to NY citizens, election workers and election commissioners

"The federal Help America Vote Act, 42 USC §§15301 et seq., will require substantial changes in election administration for the 2006 elections. In particular, 42 USC § 15481, sets minimum standards for voting machines. Our lever machines satisfy all but one of those standards, that there be at least one machine at each poll site that is 'accessible for individuals with disabilities, including non-visual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters.'

Apparently our legislature has capitulated to the federal government's interpretation or succumbed to a short-sighted hunger to get their hands on some dollars – dollars that will be eaten up a dozen times over if NY goes down this path of replacing our levers with computers -- (I apologize to those individual state legislators who are not part of the majority of Democrats and Republicans who are responsible for overturning 150 years of a wise and established electoral system). Were a court to rule that levers are not HAVA-compliant we can hand count the few federal races and stay on our levers for the state races (HAVA only applies to the federal races, of which there are 2 this year). Even the DoJ agrees that hand counting is HAVA-compliant. And should we be required to give up our levers for the federal election and switch to hand counting for those two races, under HAVA we are entitled to those dollars the federal government has been holding out to entice our state legislators.

HAVA sec 102 (a)(1) provides that states may use the Title I monies where:

a precinct within that State used....a lever voting system to administer the regularly scheduled general election for Federal office...a State shall use the funds... to replace... lever voting systems... with a voting system... that

(A) does not use ... levers;

(B) is not inconsistent with the requirements of the laws described in section 906; and

(C) meets the requirements of section 301.

It is only the NYS legislature that stands in the way of New Yorkers and a secure, observable, fair, reliable, honest election.

It is the responsibility of each citizen in a democracy to do what is necessary to preserve our sovereignty. I will be commencing litigation against our legislature because their irresponsibility is clearly unconstitutional. The constitutional right to vote has been understood historically as far more than the right to simply cast a vote. It is the right to cast a meaningful vote which includes the right to know that vote was received and fairly counted. It is the right to cast a vote in the most secure, protected manner way we know how to provide which includes all the safeguards we have enjoyed these many years. The legislature has no right to force us to remove our existing lever system, with no finding that it is not functioning, and replace it with one that has been shown to be highly insecure, extremely costly and unable to do that which any democratic electoral system must do– securely, promptly and reliably count our votes in a way we can be assured is accurate.

I encourage all of you reading this – regular citizens, election workers, election commissioners – to join me in preventing the state of New York from proceeding with this thoughtless and unconstitutional plan. Unlike the rest of the country we have not abandoned our current system of voting. It is my position that we remain on our lever machines while we investigate the issues the state legislature failed to do. I recognize that places a burden on the counties, but citizens must turn to their local governments when their state government fails them. Dutchess County should be congratulated for setting an example, having just approved the creation of a task force comprised of county legislators and citizens to study the relevant issues to protect the ballots of our citizens. The task force, consistent with the requirements of the electoral system as we have known it and as provided in the Constitution, will be equally bi-partisan.

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