Res. No. 1301
Resolution urging the New York State Board of Elections to promptly certify precinct based/optical scan voting systems for procurement by the local Boards of Elections and urging the New York City Board of Elections to select a PB/OS system as the new voting technology for the City of New York.
By Council Members Perkins, Barron, Jackson and Monserrate
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 reliable, secure, and easy to use; and
Whereas, The federal Help America Vote Act of 2002 (HAVA) was intended as a response to the concerns that surrounded the outcome of the Presidential Election of 2000; and
Whereas, HAVA requires states to modernize elections and undertake measures to increase voter participation; and
Whereas, New York State enacted the Election Reform and Modernization Act (ERMA) in order to comply with HAVA; and
Whereas, ERMA requires local Boards of Elections to select new voting technology to replace the mechanical lever machines which are currently used throughout the state; and
Whereas, Under ERMA, local boards may select either a Precinct Based/Optical Scan (PB/OS) voting system or a Direct Recording Electronic (DRE) voting system; and
Whereas, Under ERMA, the New York State Board of Elections has the responsibility for certification of the various models that will be available to the local boards; and
Whereas, The deadline for HAVA compliance is the first federal election of 2006, next September; and
Whereas, The New York City Board of Elections must work diligently to select and begin planning immediately to make a transition to the use of a new voting technology; and
Whereas, Voter and public confidence would be strengthened by the use of paper ballots which are marked directly by voters, as easily as a lottery ticket, whether manually by a pen or by use of accessible ballot-marking devices by disabled voters or those for whom English is not their primary language; and
Whereas, Paper ballots can be securely stored and handled, and enable election observers to meaningfully witness election procedures and vote-counting and thereby detect, prevent, and correct errors or tampering; and
Whereas, Paper ballots facilitate easy and observable recounts; and
Whereas, Optical scanners in the polling site would detect errors in ballot-marking such as overvotes, undervotes, and stray marks, and enable voters to correct such errors before their ballot is cast; and
Whereas, Optical scanners have proven their reliability by being successfully used in elections nationwide for over thirty years and are currently used by thirty-five percent of American voters in use in forty-six percent of American jurisdictions; and
Whereas, Optical scanners 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 Elections in all boroughs of the City of New York for use in counting absentee ballots; and
Whereas, Public employees should perform all work related to the conduct of elections; and
Whereas, Optical scanners can easily be programmed by bipartisan, technical staff at the New York City Board of Elections without the need for ongoing involvement of vendors; and
Whereas, DRE’s do not lend themselves to complete public control as vendors typically retain an interest in the hardware, soft ware or source-code of such technologies; and
Whereas, Precinct-based optical scanners will be significantly less expensive than DRE systems; and
Whereas, The difference in costs relate to how many units would be required and initial purchase costs; transition costs of altering storage facilities, revision of training materials and procedures, training of voters and poll-workers; continuing costs of storage, transportation, logic and accuracy testing, and dealing with lawsuits of the type that electronic voting has engendered in other jurisdictions; as well as replacement costs, since optical scanner equipment is less delicate than electronic voting equipment and has a longer lifespan; and
Whereas Precinct-based optical scanners 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 make errors and tampering difficult, if not impossible to detect, prevent, or correct; and
Whereas, Computer security is notoriously difficult to achieve; and
Whereas, The use of wireless communications capability would open an electronic ballot box to tampering by anyone in the world; 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; 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 for procurement by the local Boards of Elections and urges the New York City Board of Elections to select a PB/OS system as the new voting technology for the City of New York.
http://webdocs.nyccouncil.info/textfiles/Res%201301-2005.htm?CFID=557179&CFTOKEN=59231373Discussion
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x406826