State Warned On Failure To Upgrade Voting System

Attorney General Spitzer today issued a report calling for immediate action to address problems with New York's voting system.

The report – entitled "Voting Matters II: No Time to Waste" – notes that not enough has been done about critical problems that were identified by the Attorney General in the initial "Voting Matters" report that he issued in 2001. The Attorney General also noted that continued inaction could cause the state to lose federal funding for new voting machines and other improvements.

"Despite clear evidence of problems, the state has not acted to ensure the integrity of our voting system," Spitzer said. "The problems can be fixed, but we're simply not doing what needs to be done."

Spitzer identified several priority actions that are needed to comply with federal law, increase voter participation and ensure fair and accurate elections in New York, including:

• Replace antiquated lever voting machines;
• Create a statewide computerized voter registration list;
• Make voting machines and polling places fully accessible to the disabled;
• Take steps to ensure that voters receive correct information about where and how to vote; and
• Eliminate hyper-technical rules that prevent properly cast votes from being counted.

Spitzer made these and other recommendations as part of an update of his 2001 "Voting Matters" report. That original report was issued in response to the 2000 presidential election in which voting problems in Florida left the outcome of the national race in doubt for weeks. The 2001 report identified related problems with the voting process in New York and proposed a series of reforms.

The following year, Congress passed the Help America Vote Act ("HAVA"), mandating significant improvements in the electoral process across the country, with tight deadlines for compliance and the promise of significant federal funds for doing so. HAVA requires states to upgrade their voting machines, to create a statewide computerized registration list, and to make many other changes to protect the right to vote and to ensure that all votes are counted.

Unfortunately, New York has not acted in response to the original Spitzer report or HAVA. The state is nowhere near meeting the HAVA deadlines and runs the substantial risk of losing federal money that is available to make necessary changes.

Before the deadlines run out in 2006, New York State must have voting machines that are fully accessible to the disabled and otherwise in compliance with HAVA. In addition, a statewide voter registration computerized database must be put in place.

Many election reform groups, not-for-profits and other civic organizations have been advocating for these types of reforms. Groups that have called for changes to New York's election system include Common Cause, NYPIRG, NAACP Legal Defense and Education Fund, PRLDEF, AALDEF, Brennan Center, DEMOS, Citizens Union, League of Women Voters, Catskill Center for the Disabled, Center for Independence of the Disabled New York, Community Service Society, Women's City Club of New York, and the Century Foundation, as well as local boards of election, individual election commissioners and elected officials.

Spitzer said continued delay risks undermining the integrity of races in New York. He noted that in the recent State Senate race in Westchester County, questions about what votes would be counted went all the way to the Court of Appeals.

• VOTING MATTERS II: NO TIME TO WASTE

MAJOR RECOMMENDATIONS

I. IMMEDIATELY COMPLY WITH HAVA (The Help America Vote Act)

A. Replace all punch card and lever machines by November 2006 with HAVA-compliant voting machines fully accessible to the disabled, pursuant to uniform statewide standards

B. Establish a statewide computerized registration list by January 1, 2006

C. Enact a voter identification law setting forth a specific list of acceptable government documents and photo identification for those voters required to provide ID at the polls

D. Make all polling places accessible to the disabled

E. Appropriate funds equal to 5% of the cost of election reforms, thereby permitting access to federal funding

II. ENCOURAGE VOTER REGISTRATION

A. Institute election-day registration

B. Improve registration of young voters

III. UPGRADE VOTE CASTING

A. Utilize improved voting technologies

1. Select uniform statewide standards for new machines, including a verifiable paper audit trail

2. Replace all lever machines with HAVA-compliant voting technology accessible to the disabled

B. Repeal the full-face ballot requirement, so that the State can consider the full range of available voting machines

C. Ensure that every voter in New York's diverse population has an equal nondiscriminatory ability to vote

D. Enhance voter education regarding where to vote, including polling place and election district, through effective mailings, websites, hotlines, and media

E. Strengthen offsite voting

1. Military ballots: Extend the time deadline in general elections for military absentee ballots to be received by local boards of election to thirteen days after the election

2. Absentee ballots:

i. Change the ballot application to remove intrusive, overly detailed questions that go beyond what is strictly required by law

ii. Broaden the number of circumstances under which voters can file absentee ballots

iii. Limit the number of absentee ballots that can be collected by one agent

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