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Voting Machines Public Hearing Postponed Indefinitely
Legislative minutes posting to website again postponed
by Margaret Sternberg
Board of Elections Commissioners Robert Bennett and Anthony Scannapieco attended the March 15, 2007 meeting of the Putnam County Legislature's Rules Committee, asked there to address the possibility of holding a public hearing on the choice of voting machines. By meeting's end, any possibility of a public hearing in the foreseeable future had been quashed.
After a lengthy discussion on many aspects of the voting machines, asked by Legislator Dan Birmingham for his view on a public hearing, Commissioner Bennett succinctly responded, "on what," adding "right now, we haven't got a machine to pick from." Addressing the idea of a public forum, Bennett said that education is the key to success with the transition to the new technology, and that ideally he would like to convene a group of people and have a machine available to demonstrate how to use it. However, he noted, "the way things are going in Albany, we're not going to have it very soon [or even] by the September primary."
Legislator Tony Hay clarified that the public hearing they had in mind was not for demonstration purposes, but to provide the public with the pros and cons of the two machines, possibly with the machines on premises. Based upon the commissioners' certainty that the choice of machines was at least several months away - if not longer - Hay suggested postponement of the public hearing and that the commissioners, when the choice of machines was clearer and the choice more imminent give the committee a two-month window for preparation for a public hearing, to which the commissioners agreed.
Bennett, when later asked by Legislator Birmingham about the possibility of holding another public hearing, asked whether Birmingham was seeking to get a general consensus by the public, with Bennett carefully noting that he preferred to declare, "This is the machine we're going to use," not to seek consensus. Birmingham said that he accepted that the commissioners' decision was final, but sought to have the commissioners "explain, and give the very valid reasons why you're picking one over the other." Bennett agreed, again noting the picking of the machine was not in the near term. Committee Chairman Tony Hay requested that the cost effectiveness of the respective machines also be a consideration.
In more generalized discussion, Commissioner Scannapieco said that the state legislature has outlawed the lever machines as of September 1, 2007, but opined that if a state judge ruled that lever machines could be used, they would be. Bennett added, "We're going to be voting on lever machines," to which Scannapieco added that would be the case next year and into the Presidential election. Bennett said he doubted anyone would "go into a brand new technology for a presidential."
Part of the discussion focused on the merits of the two types of machines in question: Optical Scan and "DRE." Legislator Birmingham speculated that, initially, the use of the DRE would cause long lines since only one person could vote at a time, whereas Optical Scan would provide a full-face ballot on one sheet, allowing for about seven people to vote simultaneously, and the sheets would then be fed into the machine.
Birmingham said that, in the event of a recount, the ballots would provide a paper trail. Bennett countered that if there is a challenge to the outcome, every ballot - and not just those for a particular race - becomes subject to review and possible challenge, which can delay results into March or April, also allowing ballots to be disqualified that have nothing to do with a particular race.
Bennett also noted that about 27 states currently have DRE machines, which now provide a verified paper trail. NYS required a paper trail when "they passed their legislation." He added, "The technology is there. What your main concern should be with the DRE is the accuracy of the results based upon the electronics working perfect (sic) every time. That's the concern that I, personally, have... as a commissioner." He continued that in an outcome that is determined by just a few votes, accuracy would be crucial.
In another discussion, Legislator Hay said that Legislator Robert McGuigan had requested that discussion on posting legislative Minutes to the website be postponed. Hay said he didn't agree with a postponement, adding that he did not understand why the posting of Minutes to the website would have become an issue. Hay said McGuigan had concerns over a condensed version of some Minutes, which would not be verbatim, which might lead to "interpretive" Minutes being posted, whereas verbatim Minutes would be cost prohibitive as well as an imposition on the staff. The issue was eventually tabled until the next committee meeting, prior to which the Information Technology Department would address the suggestion of a "Podcast" and the archiving of the Minutes.
The April meeting of the Rules Committee will be posted on the PCN&R's website as soon as it becomes available.
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