ALBANY - Despite a fast-approaching deadline that could cost the state $221 million if it isn't met, state elections officials on Thursday said they were confident New York will have new voting machines in place by next fall's elections.
"We realize we're under a very tight time frame here. I think with the timeframe set up, it is doable," said Peter Kosinski, co-executive director of the state Board of Elections.
He's optimistic despite the fact that New York is one of a few states that hasn't yet settled the issue of voting machines. The state has made attempts to resolve the matter for the past few years.
"I'm not conceding in any way that New York is not going to be compliant," Kosinski said.
Under the federal Help America Vote Act of 2002, states have to improve access to voting and modernize elections. The new machines have to be in place for the 2006 elections. Some of New York's requirements for the new voting machines are that they produce a permanent paper record that a voter can verify before casting a ballot, and that they have an audio voting feature for people with vision problems.
New York is slated to receive $221 million under the federal legislation, most of which will go toward new machines. Counties will decide which machines they want.
Kosinski made his remarks at the first meeting of the Citizen's Election Modernization Advisory Committee. The group was to be appointed by mid-August and convened immediately, but Thursday's meeting was the first. No explanation was given for the delay.
Meanwhile, a lawsuit over membership on the advisory board poses another threat to the state's compliance with the federal law. The New York Independent Living Council sued because a representative of its organization was not named to the panel, as required by state law. A state Supreme Court judge has placed a restraining order on the committee until the matter is resolved, meaning the panel cannot make any decisions, said Stanley Zalen, co-executive director of the Board of Elections.
The committee comprises Zalen and Kosinski, two Democratic county elections commissioners, two Republican county elections commissioners, four representatives of the disability community, and one appointment each by the Senate and Assembly. There is one vacancy on the board, the GOP legislative appointment, said state Board of Elections spokesman Lee Daghlian.
The Independent Living Council deserves a seat at the table, said Mike Godino, the organization's treasurer. "We made every attempt to try and help the state board in making the proper appointments," he said.
The advisory panel's purpose is to recommend criteria for selecting new voting machines statewide. Members will be testing new machines to see how well they work. The Board of Elections is seeking input from the committee on regulations it is proposing.
Once the recommendations are in, the board can adopt them. There will be a 45-day public comment period before they take effect. Kosinski said the state would like counties to be able to start purchasing machines early next year. Companies apply to be certified as vendors in the state.
A large part of the debate over the equipment is whether counties should purchase optical scanning machines in which voters manually fill out a form with their vote, which then gets scanned into the system, or a direct recording electronic system, such as machines with touch screens.
Barbara Bartoletti of the state League of Women Voters asked if there would be a requirement for all voting-machine companies to submit all of their machines for certification. The League is concerned that companies might push their direct recording machines over the scanners, since scanners are cheaper, she said.
Kosinski said he didn't see how the state could make a private company do something it didn't want to do. The state's job is to certify those machines that meet its criteria, he said.
Assemblywoman Barbara Lifton, D-Ithaca, said she is troubled by the issue. "We want counties to have a choice," she said.
Daghlian said the Board of Elections does not have a preference for either type of machine.
"The main issue for us is that this process get going as soon as possible," he said.
Copyright © 2005 Sun-Bulletin.