No Fat Lady Song Yet

So you thought we were at the finish line......Nope. Not yet.

23 January '08 and the election integrity advocates watching the goings on of the state Board of Elections in Saratoga were proud of Commissioner Doug Kellner as he tried to hold the board together to do their duty. He failed, the two Republican Commissioners refused to come to the table. They wanted their favored friend, Liberty Election Systems, to be approved and were holding the meeting up while various Albany politicians twisted arms and threatened kneecaps.

Before the Board even began their meeting it was announced that Republican Co-Executive Director Peter Kosinski had left the office and legal assistant Todd Valentine was to replace him. I have no info as to the reason for these personnel moves but the timing causes one to suspect a connection to the voting equipment struggle. We note the Republican side of the board has been championing Liberty from day one. (Another observer notes that Sequoia has also had political champions since early in the game. If so that might partially account for that vendor's success)

Many of us had to leave Saratoga that evening without knowing how the struggle would play out. The next morning we were gratified to hear that the Republicans had joined Kellner in approving three ballot marking systems, all compatible with paper ballots. The joy was short lived however.

Within hours of the vote rumors were heard that at least one of the rejected applicants was planning to litigate their exclusion. And then, on Monday, the authorization for two systems using the AutoMark BMD were recinded by vitue of a vote by the Republican Executive Director, leaving Sequoia the only system standing. Before the end of the week we knew that two vendors were in court attempting to compel the BOE to include their machines.

Should Liberty Election Systems prevail some local Election Commissioners would likely choose this DRE-jury-rigged-to-BMD, a very poor choice. The other litigant, Premier Election Solutions, will be arguing to be reinstated. They probably should be since the AutoMark BMD they feature has been in service in other states for several years and enjoys the acceptance of the disabled community.

The absurdity of this wretched drama is that the three machines initially approved have not been tested and are not certified by the state BOE. These systems are prototypes and are only available by virtue of the pressure applied by the Federal Court. The two systems using the AutoMark BMD (Premier and ES&S) at least have that unit's experience supporting their acceptance. The Sequoia ImageCast is a totally untested BMD mated with a scanner used in Canada.

Several counties have already announced their decision. Schoharie County Commissioners Cliff Hay (D) and Lew Wilson (R) are reported to have chosen the Sequoia within just a couple of days after the BOE met. That same news report quoted the contract total cost as $250,000.00 for eighteen Sequoia units. That's $13,888.00 each unit! A scary high number which seems to indicate the vendors are taking advantage of the federal court's pressure.

Part of the reason for the high price tag is that the vendors offer their equipment as a system comprised of a ballot marking device and a ballot scanner. I understand the Sequoia must be purchased this way while ES&S and Premier will sell the AutoMark BMD alone. Jurisdicitions choosing the AutoMark BMD only for this year are effectively keeping all their options open as to which scanner to select for 2009. This seems to be a sensible course of action.

We'll be revisiting this issue later this week after the courts hear vendor's arguments and render decisions. Oh yeah, the finish line is out there in the fall of 2009. We've got a lot of running and shouting to do before then.

Partisanship, Arrogance, Malfeasance & We Won!

My earliest contact with the NY State Board of Elections with respect to our struggle against electronic voting machines was over three years ago. At that time I delivered a written complaint which included an observation that one machine vendor was receiving favorable treatment. Our complaint was delivered to Chairman Neil Kelleher(R) .

I explained the board's actions could be cause for suspicion and I demanded explanations which might assure NY citizens that the board was not corrupted and was indeed living up to their mission statement. The following from their mission statement:

"...In addition to the regulatory and enforcement responsibilities the board is charged with the preservation of citizen confidence in the democratic process and enhancement in voter participation in elections."

I never did get an answer to this question or the many others asked since. The accuracy of the suspicions I expressed back then was borne out this week in Saratoga.

The NYS Board of Elections met Wednesday morning concurrent with the Election Commissioners Association meeting at the Holiday Inn, Saratoga. County Election Commissioners, their staff, news media, and election integrity advocates were all there to hear which machines the state board would authorize as ballot marking devices because much hangs on the type of equipment chosen(see my earlier post concerning the BMD issue). I was there also.

I will spare you all the gory details. In short, the two Republican State Election Commissioners (Kelleher & Donohue) prevented a decision from being made by simply not coming into the room - no Republican Commissioners - no meeting - no vote!

Furthermore, there was no pretense. The Republicans were holding out for the inclusion of the LibertyVote machine - the same machine we believed was getting special treatment at the beginning. For a heartfelt description of the goings on at Saratoga check out Bo Lipari's blog: http://nyvv.org/blog/bolipariblog.html

As the day wore on into early evening we learned that the two recalcitrant commissioners were serving the interests of Senate Majority leader J. Bruno. And Bruno is serving who? And who is the Republican party serving?

The actions this day of these partisan operatives make a powerfrul arguement for reform of New York election administration. We desperately need an independent, non-partisan system of election administration.

Some election integrity advocates vowed to return to Saratoga Thursday to watch over the miscreants and perhaps shame them into making the right decision.


WE WON! - Thursday 1/24/08 11:40 AM, This message from Susan Lipari:

"The Board just approved the Automark and the Dominion. No DRE was approved."