HAVA-Dubious Law or Dubious Implementation?

By Helen S. Benlisa, Project HAVA Coordinator-Catskill Center for Independence

Clifton Perez, M.S.W., Systems Advocate-Independeint Linving Center of the Hudson Valley

Registar Star, August 24, 2006

Response to an article By Debora Gilbert, August 1, 2006, on the concerns

Columbia County Board of Elections officials have about the Help America

Vote Act of 2002 (HAVA),

It would appear that Officials from the Columbia County Board of elections

are more interested in fermenting dissent among senior citizens and people

with disabilities, rather than taking proper measures to implement HAVA and

maximize voter participation. In particular, Columbia county Officials

question the law itself, its mandate for new voting systems nationwide, and

how these new systems might have a negative impact among older voters and

election workers. These concerns might be understandable if Elected

Officials had taken the time to reach out to their citizens most effected

by HAVA but alas, they did not! Times of change and transition are times of

questioning and doubt, but these times also provide us with opportunities to

grow as individuals and as a society.

Ken Dow and Don Kline, Columbia County's Election Commissioners, worry that

"electronic voting machines may intimidate the county's elderly," but even

before HAVA came into being electronic voting systems were already in use in

the state. Saratoga County election officials have been running elections

with older model Sequoia Voting Systems in the City of Clifton Park for over

12 years. The response has been positive. Bill Fruci, Saratoga County

Election Commissioner, relates he has "never received a complaint from any

voter, even from elderly voters, and the election inspectors, most of whom

are older, have never reported any problems at all."

Aside from voting machine choice, Columbia County's Commissioners raise the

issue of voter's rights, or more to the point, whose votes are more right.

Mr. Kline and Mr. Dow declared, "Any benefit that new machines might provide

to disabled voters may be more than offset by the disenfranchisement of

older voters and the risk of degrading the integrity of the electoral

process." So older voter's votes are more important than ballots cast by

voters with disabilities? Are they proposing we should continue to

marginalize voters with disabilities and deny their right to exercise a core

civil right along with their peers? Haven't those acts of denial been

degrading the electoral process for over two hundred years?

Some other questions must be asked of the Commissioners. Do some older

voters ever have arthritis, severely limiting their hand and arm dexterity?

Do older voters ever develop cataracts and/or other types of visual

deterioration thereby decreasing their ability to see or perhaps leading to

a complete loss of sight altogether? Do older voters ever develop age

related mobility difficulties necessitating the use of mobility devices such

as scooters, wheelchairs, or walkers? Could it be said that some older

voters are, in fact, voters with disabilities? Just as important, who

declared that electronic voting systems are only for the use of citizens

with disabilities? According to the Columbia County Commissioners, the

answer to that question is - what is "dubious". On the one hand, will this

system be utilized only by the "nine" disabled citizens of Columbia county

or will it also be used by the few older voters who are not intimidated by

electronic voting? When citizens wishing to exercise the right to vote and

are unable to utilize the non-electronic voting system, should they simply

not vote at all?

According to Messrs. Dow and Kline, "Elections must not only be honest, they

must be believed to be honest." In light of our nation's recent election

history how are the Commissioners defining "honest"? How about this for

baseline honesty in elections: when everyone who is eligible to vote and can

exercise that fundamental right privately and independently - as our

Democratic Republic - inherently stands for: that, is the baseline!