Resolution 131 for paper ballots and optical scanners passed the New York City Council by unanimous vote today, March 14, 2007. The resolution was brilliantly written by the council to make clear to all that elections must be observed by the people, and should not require "trust" in computer experts to say whether the votes were properly handled.(Ed.note: a step in the right direction,showing 'people power' at its best.)

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Victory in New York City Council

Resolution 131 for paper ballots and optical scanners passed the New
York City Council by unanimous vote on March 14, 2007.

The resolution was brilliantly written by the council to make clear to
all that elections must be observed by the people, and should not
require "trust" in computer experts to say whether the votes were
properly handled.

PHOTOS of the festive press conference are at
http://www.wheresthepaper.org/Res131PressConf.html

Here is the text of the resolution, and quotes from 19 national, state,
and local organizations are below the resolutions.

---TEXT OF RESOLUTION 131---

Res. No. 131-A

Resolution urging the New York State Board of Elections to promptly
certify Precinct Based Optical Scan voting systems that are compliant
with the New York State Board of Elections voting system standards for
procurement by the county Boards of Elections and urging the Board of
Elections in the City of New York to select a Precinct Based Optical
Scan system that is compliant with the New York State Board of Elections
voting system standards as the new voting technology for the City of New
York.

Whereas, Honest, observable, and easily-verified public elections
constitute the foundation of representative democracy; and

Whereas, Public confidence in the outcome of elections depends on voting
technology that is easy to use and enables citizens to observe,
understand, and attest to the reliable and secure handling of votes; and

Whereas, The federal Help America Vote Act of 2002 (HAVA) was intended
to address concerns with the manner in which elections were conducted
following the Presidential Election of 2000; and

Whereas, HAVA requires states to undertake various measures to modernize
elections and increase voter participation; and

Whereas, In 2005, the New York State Legislature enacted the Election
Reform and Modernization Act (ERMA) in order to comply with HAVA; and

Whereas, ERMA requires county boards of election to select new voting
technology to replace the mechanical lever machines, which are currently
used throughout the state; and

Whereas, Under ERMA, county boards of election may select either a
Precinct Based Optical Scan (PBOS) voting system or a Direct Recording
Electronic (DRE) voting system; and

Whereas, Further, under ERMA, the New York State Board of Elections is
responsible for certifying that voting systems are compliant with its
standards and can be procured for use by the county boards of election; and

Whereas, ERMA requires that New York be fully HAVA compliant by 2007; and

Whereas, To date, the New York State Board of Elections has not
certified that any of the voting systems under consideration is
compliant with the State Board of Elections' voting system standards,
and therefore can be procured for use by county boards of election; and

Whereas, Given the approaching deadline for full HAVA compliance, the
Board of Elections in the City of New York must continue to work
diligently to be prepared to select and procure a permanent voting
system as soon as a voting system(s) is certified by the State Board of
Elections, and begin planning immediately to make a transition to the
use of a such system; and

Whereas, Voter and public confidence would be strengthened by the use of
a PBOS system, which is easier to use because the ballot is marked
directly by the voter, whether manually by pencil or pen, or by the use
of an accessible ballot marking device; and

Whereas, The additional advantages to a PBOS system are that when it is
used in conjunction with an accessible ballot-marking device it can be
used by voters with disabilities, voters for whom English is not their
primary language, and any other voters who prefer the technology; and

Whereas, A PBOS system would enable the Board of Elections in the City
of New York to avoid many issues related to the prevention, detection
and correction of errors and tampering because the paper ballots can be
securely stored and handled and would enable election observers and the
public to meaningfully witness election procedures and vote-counting; and

Whereas, A PBOS system would also facilitate easy and observable
recounts; and

Whereas, Optical scanners and ballot markers in the polling site would
make it easier to detect errors in ballot-marking such as overvotes and
undervotes, and enable voters to correct such errors before their ballot
is cast; and

Whereas, Optical scanner systems have proven their reliability by being
successfully used in elections nationwide for over thirty years, and are
currently used by approximately forty-nine percent of American voters in
fifty-six percent of counties nationwide; and

Whereas, Optical scanner systems have been successfully programmed,
operated, and maintained by public employees in New York State in
agencies such as the Division of the Lottery, the New York State
Education Department and the Department of Motor Vehicles, as well as by
our county boards of election in all boroughs of the City of New York
for use in counting absentee ballots; and

Whereas, To the highest extent possible, public employees should perform
all work related to the conduct of elections; and

Whereas, PBOS systems can easily be programmed by bipartisan, technical
staff at the Board of Elections in the City of New York without the need for ongoing involvement of vendors; and

Whereas, The alternative type of voting system, the DRE, does not lend
itself to complete public control as vendors typically retain an interest in the hardware, software, or source-code of such technologies and are largely responsible for the maintenance of and training with respect to their systems; and

Whereas, PBOS systems will be significantly less expensive than DRE
systems; and

Whereas, The difference in cost between the PBOS and DRE systems relates
to: (1) how many units would be required and initial purchase costs; (2)
the transition costs of altering storage facilities to accommodate the
system; (3) revision of training materials and procedures for training
of voters and poll-workers; (4) continuing costs of storage, transportation, and logic and accuracy testing; (5) dealing with the types of lawsuits that electronic voting has engendered in other jurisdictions; and (6) costs associated with replacing parts of the system ; and

Whereas, PBOS systems are less delicate than electronic voting equipment
and therefore have a longer lifespan; and

Whereas, PBOS systems can provide the advantages of quick election day
results and accessibility without the risks associated with electronic voting; and

Whereas, Voter and public confidence would be lowered by the use of
electronic ballots, which are recorded in a way that no voter or observer can actually witness; and

Whereas, DRE voting systems can make errors and tampering difficult to
prevent, detect, or correct; and

Whereas, Computer security with DRE systems is notoriously difficult to
achieve; and

Whereas, Other jurisdictions have experienced severe problems with
electronic voting systems, which have depressed voter confidence and
prompted lawsuits by candidates and voters as a result of the many
irregularities experienced with such systems; and

Whereas, Further, jurisdictions such as New Mexico that initially purchased electronic voting systems have switched their voting system to a PBOS system; now, therefore, be it

Resolved, That the Council of the City of New York urges the New York
State Board of Elections to promptly certify Precinct Based Optical Scan
voting systems that are compliant with the New York State Board of
Elections voting system standards for procurement by the county Boards
of Elections and urges the Board of Elections in the City of New York to
select a Precinct Based Optical Scan system that is compliant with the
New York State Board of Elections voting systems standards as the new
voting technology for the City of New York.

---QUOTES FROM SUPPORTING ORGANIZATIONS---

(1) New Yorkers for Verified Voting, Bo Lipari, Executive Director
"Resolution 131 states what should be obvious by now to everyone -- New
York must avoid unreliable and expensive electronic touch-screen voting
machines, and adopt a proven, auditable, cost-effective voting system --
paper ballots and optical scanners."

(2) New York Public Interest Research Group (NYPIRG), Neal Rosenstein,
Government Reform Coordinator

"Computerized touch screen voting systems have caused trouble across the country and increase public cynicism about election results," said Neal Rosenstein of New York Public Interest Research Group (NYPIRG). "The Mayor now needs to publicly acknowledge that computers aren't the best voting technology, and to use his influence in support of safe, reliable and accessible paper ballot systems for all voters."

(3) League of Women Voters, Mary Lou Urban, Elections Specialist
"With the integrity of New York elections and the confidence of the
City's voters totally dependent upon the security and accuracy of our
voting system, it is entirely appropriate and commendable for the City
Council to pass this resolution."

(4) Brennan Center for Justice at NYU School of Law, Lawrence Norden,
Counsel
"After many months of study, the Brennan Center's findings are clear:
New York City cannot ensure that voter's choices will be accurately
recorded if the Board of Elections decides to purchase any of the
touch-screen machines currently under consideration. To ensure that we
accurately record voter's intentions, New York City must choose optical
scan machines."

(5) Demos, John Bonifaz, Senior Legal Fellow
"Demos commends the New York City Council for passing Resolution 131 to
urge the requirement of paper ballots and precinct-based optical scanner
systems for New York City elections. The use of paper ballots, marked
either by hand or by non-tabulating ballot marking devices, will help
ensure that the voting process will be both secure and accessible.
Direct recording electronic voting machines, with or without a paper
trail, have proven to be fundamentally flawed for the recording and
counting of our votes. With its passage of Resolution 131, the New York
City Council is helping to lead the nation in protecting the integrity
of our elections."

(6) Task Force on Election Integrity, Community Church of New York,
Teresa Hommel, Chairwoman, the Task Force on Election Integrity
"This resolution makes clear that elections belong to the people. Paper
ballots and optical scanners will enable the voters, poll workers, and
election observers of our city to understand and observe how our votes
are being handled. International standards for election legitimacy are
based on observation, and we don't want computerized equipment that
prevents meaningful observation."

(7) VotersUnite (a national clearinghouse of information on voting
technology), Ellen Theisen, Founder
"This resolution will help protect New Yorkers from the kinds of
disenfranchisement that have occurred in so many places due to the use
of electronic ballots. Congress should follow the example that the New
York City Council is setting, and do everything they can to support the
use of paper ballots and optical scanners, and oppose the use of
electronic voting machines."

(8) The Joint Public Affairs Committee for Older Adults (JPAC), Adele
Bender, Queens Borough Coordinator for JPAC
"Simple low-tech voting equipment is essential if we are to be sure that
our new equipment is accessible to all, to ensure that older adults,
individuals with disabilities and those with language barriers can make
use of their opportunity to vote. We applaud the City Council for
Resolution 131 because with paper ballots and optical scanners, we can
maintain public confidence that our votes will be securely cast and
counted."

(9) Election Reform Task Force of the Atlantic Chapter of the Sierra
Club, Linda A. DeStefano, Chair
"The Atlantic Chapter of the Sierra Club was one of the first
organizations to engage in a statewide campaign for a paper ballot
voting system for New York State. We applaud Resolution 131 put forth by
Council Member Charles Barron and the New York City Council to support
this vital campaign to be sure that each vote is counted as cast."

(10) VerifiedVoting.org, Pamela Smith, President
(VerifiedVoting.org is a nonprofit, nonpartisan national organization
promoting fair, transparent and accurate elections.)
"Paper ballot/optical scan systems, with ballot-markers for
accessibility, represent trusted and true technology that is reliable,
cost-effective and practical. It is good to see the New York City
Council take leadership in promoting the best available choice for New
York's voters."

(11) Citizen Action of New York, Pam Bennett, NYC Regional Director
"We applaud the New York City Council for standing up for voters and
taxpayers, and urging the adoption of paper ballots and optical
scanners. We ask county legislators and all elected officials across New
York State to follow the City Council's example and tell the Election
Commissioners of your county to protect the integrity of the election
process and the pocketbook of local taxpayers by rejecting electronic
voting machines which are costly and proven to be untrustworthy."

(12) New York City Americans for Democratic Action, Evelyn Jones Rich,
Chair, City Issues Committee
"Paper ballots, optical scanners, and accessible ballot marking devices
represent the only way, at this time, to provide both accessibility and
transparency in voting, consistent with the Help America Vote Act
(HAVA). Paper ballots do not rely on blind faith, as electronic voting
machines do. Paper ballots ensure that there is a physical vote and,
therefore, the ability to audit, count and recount with both accuracy
and honesty."

(13) Bronx-Westchester Nation Discussion Group, Florence Gold, Chairperson
"Observable, easily-verified public elections are the foundation of our
democracy. That's why paper ballots and optical scanners are the right
choice. We are very pleased with the New York City Council for showing
leadership and passing this resolution."

(14) Center for the Women of New York, Jeanette Evans, Executive Vice
President
"As citizens and taxpayers, we do not want our city's resources spent on
insecure electronic voting systems when a less expensive, time-tested,
and more reliable alternative is available -- paper ballots and optical
scanners. As women, we are aware that equality in society begins with
the right to vote, and we do not want to risk our votes by casting them
on electronic voting machines. For these reasons, we commend the City
Council for passing Resolution 131."

(15) Brooklyn Parents for Peace, Dr. Charlotte Phillips, MD, Chairperson
"We commend the City Council for passing Resolution 131, because the use
of paper ballots and optical scanners will keep our elections in local
bipartisan hands. We do not want to vote on electronic voting systems
with secret software. We reject vendors' claims that their proprietary
trade secret rights override the public's right to know how our election
equipment is working. With paper ballots, we can all understand and
witness the handling of our votes."

(16) Brooklyn-Queens Chapter, National Organization for Women, Sherry
Rogers, Vice President
"Women fought for many years to get the vote. We don't want to turn our
votes over to companies who make electronic voting systems, whose
loyalty is to profit-making rather than to our democracy. We applaud the
New York City Council for urging our Board of Elections to choose
equipment that is manageable for staff, voters, poll workers and
election observers."

(17) North Manhattan Neighbors for Peace and Justice, Steve Brodner, Member
"We oppose the use of computers in voting. As voters, we prefer paper
ballots which we can mark ourselves. The New York City Council is doing
the right thing to pass Resolution 131 to urge the use of real,
voter-marked paper ballots, rather than invisible electronic ballots."

(18) Warbasse Social Action Group (A JPAC Unit), Deanna Roth and Walter
Lasky, Co-Facilitators
"Public confidence in elections and our government requires elections
that are open, observable, and easily-verified. Our voting system must
not conceal vote handling by conducting it within a computer. We are
pleased with the New York City Council for speaking on this issue at the
heart of our democracy."

(19) New York StateWide Senior Action Council, Inc. New York City
Chapter, Lani Sanjek
"We are confident that our New York City Board of Elections can
safeguard paper ballots easily and without causing public doubts about
the honesty and propriety of our elections, but electronic voting has
caused doubts as well as many lawsuits. Resolution 131 speaks for all
New Yorkers, and we commend the New York City Council for passing it."

Authors Bio:
Teresa Hommel is a voting activist in NY and chair of the Task Force On Voting Integrity, Community Church of New York.