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New Voting Machines


This fall will be a historic election, not because New Yorkers will be deciding who the next mayor will be — we do that every four years — but because we will be doing it for the last time on the familiar voting machines that have shown up in our churches, schools and community centers every fall for more than four decades.

Yes, the Shoup 3.2 lever machines, those awkward metallic boxes long in need of replacement, will be gone after November, if all goes the way it is supposed to.

What will replace them?

The New York State Legislature was supposed to decide that, following guidelines from the federal Help America Vote Act, or HAVA , passed by Congress in 2002 in response to the chaos of the 2000 Presidential election. But, after failing for years to agree on a uniform statewide voting machine, state legislators are deciding not to decide. Instead, they will leave it up to each of the state’s 62 counties.

For better or for worse, decision-making on New York City’s next voting machines will now rest with the New York City Board of Elections.

Choice Of New Machines

There are two main contenders to replace the antiquated lever machines used currently. There are optical scan machines, much like the fill-in-the-bubble “scantron” system used to administer standardized exams. Then there are direct recording electronic machines (DREs) more closely resembling ATM cash machines.

While the replacement of our lever machines was never in doubt, the challenge for the state legislators has been deciding which of these types of machines we should choose; how stringent the standards should be; and who would make the decision on machine purchase.

Since HAVA set only bare minimum standards for new machines, state legislatures are empowered to set additional standards — such as a voter verifiable paper trail to ensure machine counts are accurate in the case of discrepancies — and even select a statewide machine should they choose to do so. However, these decisions can also be left to the counties.

No Agreement By State Legislators

Forging an agreement on machines in the New York State Legislature has proven to be nearly impossible. For two years now the legislature has made only piecemeal progress towards any decision, its delay pushing New York State to the brink of non-compliance with HAVA and the loss of over $153 million in federal funds for New York. As the State Assembly pushed hard for inclusive and uniform statewide standards to ensure greater and equal access for all voters across the state, the State Senate held firm on stricter language to ensure security and prevent against potential voter fraud. The clash of these positions has prevented a compromise.

It now appears that the Democrats in the Assembly are ready to concede their position on a mandated statewide machine, and the counties will be in charge of their voting machine purchases. In light of the inability of our State Legislature to work across party lines and between houses, it is no great surprise that they cannot come to a conciliatory agreement. But as New York has dragged its feet on this key provision of HAVA, as well as the bulk of HAVA’s other requirements, we are currently one of the last states to remain in non-compliance with the federal legislation. And with the quickly approaching January 1st deadline the state has positioned itself to face numerous challenges above and beyond the replacement of the old machines.

County Officials: Winners or Losers?

With the State Legislature in Albany deciding not to decide, county officials across the state are now faced with a rushed timeline, as well as sudden pressure from lobbyists for machine vendors and various advocates, who up until now were focusing their efforts in the state capital. Many civic groups are concerned that with the fragmented procurement process, and the millions of dollars in contracts that are at stake, transparency and accountability will be compromised as regulations governing lobbying on a local level are more opaque than at the state level.

Whatever new machine is picked, the counties will have to launch massive voter education efforts with new and old poll workers having to be trained or retrained en masse. Technicians will have have their hands full ensuring that the post-Shoup era is launched successfully. Troubleshooting will need to be done on the fly.

New York City, with close to four million voters, may face the most daunting task of all ahead. While there are five counties in New York City, the New York City Board of Elections acts as a unifying body for the purposes of election administration. According to its executive director, John Ravitz, the Board of Elections had hoped to phase in the new machines over a three election cycle. “That option was taken away from us by the State Legislature,” Mr. Ravitz said at a recent hearing at City Hall.

Under the leadership of Ravitz, the board has not been passively waiting for a decision from Albany; they have been reviewing the different voting systems available since HAVA was passed in 2002. As of yet, they have not reached a decision on what machine best suits the needs of New York City voters.

However, the New York City Board of Elections is viewed generally to be in a better position to negotiate a contract in the absence of a statewide decision because about half of registered voters in the state reside in New York City. With our needs pegged at about 5,000 to 10,000 new machines and each machine costing somewhere between $6,000 to $11,000 (the lower range of both for optical scan and the higher range for DRE) the costs and contracts could be as much as $100 million.

New York City also has unique language and access needs that may have made the negotiating process at the state level more difficult than it would have been otherwise. The ability of New York City to choose a voting system independently of the state, and not settle for a compromise machine that may have come through a statewide uniform system, may just provide the city with flexibility necessary to focus on its unique and important needs. In any case, the clock is ticking.

Doug Israel is the director of public policy and advocacy for Citizens Union Foundation, which publishes Gotham Gazette.

City Council Stated Meeting - May 25, 2005


Every two weeks the New York City Council meets for its Stated Meeting to introduce and pass legislation. As a regular feature, Searchlight covers these meetings and posts a summary of the bills passed.

QUOTE OF THE DAY:
“This will end the days when little girls are conditioned to wait on line for the bathroom.” - Councilmember Yvette Clarke speaking in support of a bill to require more restrooms for women in public places.

MEETING SUMMARY:
BATHROOM PARITY
Declaring that the "fight for women’s rights has entered the 21st century," the New York City Council voted to address an issue that has affected women since the invention of indoor plumbing: long lines for the ladies' room.

The legislation, dubbed "The Restroom Equity Bill of New York" (Intro 42-A) would require many public places to provide twice as many bathroom stalls for women as for men.

The regulations apply to new bars, concert halls, arenas, stadiums, auditoriums, dance clubs, and meeting halls, as well as existing establishments that make extensive renovations.

Brooklyn Councilmember Yvette Clark, who authored the bill, recounted a recent trip to the circus where the lines for the women's restroom stretched out the door, while men waited around for their female friends and family members.

"This will end the days when little girls are conditioned to wait on line for the bathroom," said Clarke. "And for the men, who love those women and love their children, and have had to watch us suffer through the indignity of standing on line to use restrooms, today is your day as well."

After negotiations with the Bloomberg administration, the bill was amended to allow some small business owners to make bathrooms unisex in order to reduce costs. Municipal buildings, restaurants, prisons, schools, and hospitals are exempt from the regulations.

Other states, including California, Minnesota, Pennsylvania, Tennessee, Texas, and Washington, have already enacted similar restroom equity laws.

The measure passed unanimously, and the mayor is expected to sign it into law.

"Sixty percent of the electorate in my district are female, and I definitely don't want to face them in an election year and have to explain my position if I was on the wrong side of this bill," said Councilmember Erik Dilan.

DOMESTIC VIOLENCE FATALITIES
Each year more than 60 women are killed in incidents of domestic violence in New York City.

In an effort to create more collaboration between various city agencies that work on the issue, the council approved the creation of new government committees that will review deaths and injuries resulting from domestic violence. The panels will be comprised of representatives from the police department, shelter system, child welfare system, health department, and organizations that work with women who have been abused.

"This is more than just reviewing data," said Councilmember Tracy Boyland, who drafted the bill (Intro 366-A). "[The goal] is to see if we can catch the signs of domestic violence before it's too late."

FIGHTING FOR CONTROL OF RENTS
Since 1971, the State Legislature in Albany - not the mayor and the City Council - has controlled the city's rent and eviction laws.

This law, named after then-Governor Nelson Rockefeller's housing commissioner, Charles Urstadt, has been the focus of housing advocates for years, who argue that decisions affecting 2.4 million New Yorkers living in rent controlled or rent stabilized apartments should be made by city lawmakers. (Read an article about the Urstadt Law.)

The City Council passed a so-called "home rule message," which calls for the repeal of the Urstadt Law. While the measure holds no legal power, it supports a state bill drafted by Senator Liz Krueger and Assemblymember Vito Lopez, which would give city officials control over rent and eviction regulations.

The three Republican members of the council -– James Oddo, Andrew Lanza, and Dennis Gallagher -– voted against the measure.

COLLECTIVE BARGAINING RIGHTS
Under New York City’s Collective Bargaining Law, certain uniformed employees - police, firefighters, sanitation, and corrections officers - have unique bargaining rights.

The City Council unanimously overrode a veto from Mayor Michael Bloomberg to extend those rights to related positions like emergency medical technicians, sanitation enforcement agents, fire protection inspectors, and school safety workers.

The council argues that its bill (Intro 380-A) is needed because these city workers face hazardous situations on the job, but are not given the same rights as other uniformed employees.

INTERNET CAFES REVISITED
Two weeks ago, the City Council was set to vote on two bills aimed at preventing students from skipping school and spending their days surfing the Web in Internet Cafes, but at the last minute, the council withdrew the bills from the agenda after the New York Civil Liberties Union complained that the measures could infringe on youth rights. (In a previous article, Gotham Gazette incorrectly reported that the measures were passed on May 11, 2005.)

After further revisions to the measures, the council approved them. Intro 65-A requires that Internet cafes obtain licenses from the Department of Consumer Affairs, just as video arcades currently do. And Intro 78-A restricts minors from Internet Cafes during school hours.

Queens Democrat Tony Avella voted against both bills because he said they fail to consider certain issues, like schools that have split sessions.

"Both of these bills should be sent back to committee because they seriously need to be redone," said Avella.

RENAMING JAMAICA AVENUE
The New York City Council is often ridiculed for spending too much time and energy changing street names. But in the case of Jamaica Avenue, which marks the boundary between Queens and Nassau county, the council's action was aimed at more than just honoring a local hero or historic figure.

For years, Jamaica Avenue from 257th Street to the Cross Island Parkway has had two names. The northern side of the street is called Jamaica Avenue; the southern side of the street is called Jericho Turnpike.

Merchants and residents say it is confusing because businesses on opposite sides of the boulevard list different street names in their addresses. Recently, an ambulance was delayed in reaching a sick person on the street because the driver could not locate the correct address.

The council voted (Intro 304-A) to name the entire street Jericho Turnpike.

The next Stated Meeting is scheduled for June 8, 2005.

 

 

 



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