Tuesday, April 7, 2009

U.S. Again Sues New York State Over Voting Machines

Thanks to Ballot Access News for this:

The “Help America Vote Act” of 2002 had a provision barring states from using old-fashioned mechanical voting machines. All other states have been in compliance since 2006, but New York state still is using those machines. On March 24 the federal government sued New York state for the third time over this issue. The new case is USA v State of New York, 1:09-cv-00335, again assigned to Judge Gary Sharp.

New York City is testing two optical scanning systems, Sequoia's ImageCast and Elections Systems & Software's DS-200 / AutoMark BMD. With no date for certification, the city and state could miss this years primary again.

Michael H. Drucker
Technorati talk bubble Technorati Tag in Del.icio.us Digg! StumbleUpon

2 comments:

Anonymous said...

Actually, the Help America Vote Act does NOT have any provision that makes mechanical voting machines (lever machines) illegal.

Although Section 102 of HAVA provides funds for replacement of lever and punch card voting systesm, Section 301(a)(1)(A) specifically mentions them as being allowable and 301(e)(1) says that any system used in 2000 or prior is allowed if it meets the requirements of section 301 including disability access. Levers are not accessible so there would have to be some disability accessible device provided, but otherwise levers for other voters COULD be OK!!

Look it up.

mhdrucker said...

If it is not required then why does the Justice Dept. keep suing?
Is it also true HAVA money does not go to a state if they keep lever machines, regardless of the sections you mentioned?