Delay on voting machines could cost taxpayers millions

Agreement proposed by legislators doesn't replace all equipment fast enough.

Wednesday, June 22, 2005

By Erik Kriss

Albany bureau

Procrastination by state lawmakers could cost New York taxpayers millions of dollars.

Under an agreement lawmakers are expected to approve this week, many of New York 's lever voting machines might not be replaced next year. And if not, the state could be required to return millions of dollars in federal aid meant to help pay for new machines.

"I think it's disgusting, and I think they should all pay next year," Helen Kiggins, Onondaga County 's Republican elections commissioner, said of lawmakers of both parties. "They've known for years they had to do this. Our association has been pleading with them to do this, and they never respond."

The 2002 federal Help America Vote Act, prompted by the 2000 Florida presidential election fiasco, requires states to install disabled-accessible voting machines by the first federal election of next year.

New York 's lever machines do not meet HAVA standards, and the federal government gave the state more than $49 million toward replacing them. Kiggins and other elections commissioners have been pressing lawmakers to set parameters for new machines, warning it will take at least 18 months to get them in place.

But lawmakers did not agree on legislation until this week. And the bill, yet to be approved by the Senate and Assembly, requires counties only to install one disabled-accessible machine in each polling place by next year. It allows counties until 2007 to replace all their machines contrary to the federal mandate.

Jeannie Layson, a spokeswoman for the U.S. Election Assistance Commission, said that will cost the state money.

"To the extentthat a state has not fully replaced all the machines in all the precincts by the first federal election of 2006, money will have to be returned to the General Services Administration," she said.

Her office said money would be revoked according to the percentage of precincts that have not complied with the law. Officials conceded it is unclear how that would work, since many or all of New York 's precincts could be partially compliant.

Gov. George Pataki said Tuesday he was not aware federal money could be in jeopardy. Senate Majority Leader Joseph Bruno, R-Brunswick, denied New York will have to return any money.

But Assembly Speaker Sheldon Silver, D-Manhattan, acknowledged that "a portion" of federal machine replacement aid would be in jeopardy.

Blair Horner, legislative director of the New York Public Interest Research Group, agreed.

"The governorand the Legislature backed themselves into this corner and it's likely to end up costing taxpayers," he said. "It's a perfect example of how screwed up the whole HAVA process has become. They should have done this a year ago."

The bill lawmakers are expected to approve allows each county and New York City , through their elections commissioners, a choice between optical scan machines that read paper ballots and electronic touch-screen machines with paper vote receipts.

Most Central New York commissioners, including Kiggins and her Democratic counterpart in Onondaga County , Edward Szczesniak, have said they prefer the touch-screen machines.

Kiggins said her goal is for Onondaga County to have all its machines replaced by next year. But she noted that depends on how long it takes the State Board of Elections to certify acceptable machines and how long it takes manufacturers to produce them.