Press-Republican

March 14, 2009

Essex County election commissioners disagree

By LOHR McKINSTRY

ELIZABETHTOWN — Essex County Democratic Election Commissioner David Mace says he's going on record that a crisis will result if they don't start preparing electronic voting machines for the September primary election.

Mace said the county should purchase Election Management System equipment and software from the firm Election Systems & Software at a cost of about $100,000.

"I'm really concerned we get ourselves into some idea that this (use of electronic machines) is not going to happen," Mace said. "I really think there is no question. There will be a huge problem if we don't start acting now."

County Republican Election Commissioner Lewis Sanders said he disagrees with Mace.

Sanders said most counties are not buying the Election Systems & Software upgrades Mace wants until the electronic machines are certified by the State Board of Elections.

Mace said if they don't buy now there won't be time to get the machines ready for the primary. He said the county has $110,000 left in its budget from Help America Vote Act grants.

The county previously bought 25 Sequoia machines at about $12,000 each, that are now used for handicapped voting. The Election Management software would work with those machines.

Mace said Sanders previously told the County Board of Supervisors the old mechanical machines would still be used for the primary and general election this year. The lever-action machines are being used for the March 31 special election for the 20th Congressional District seat.

"It seemed to be conveyed we were not going to use the new machines," Mace said. "If we delay any further in finishing what we need to do we're going to be in a world of trouble."

Sanders said accreditation for test firm SysTest has only now been reinstated by the State Election Commissioners Association. SysTest's role is to test and certify the electronic voting machines from various firms for use in New York state elections.

Mace said once the new machines are certified, election law bars any future use of the lever machines.

"I don't think they're going to get those machines certified in time this year," Sanders said. "Once they're certified we'll sit down and talk about it."

Mace said he believes the state "will take action against boards that don't do their job."

The State Board of Elections is under a consent order in federal court mandating HAVA compliance. Mace said the State Board of Elections has made it clear that counties that "try to thwart the process will be dealt with using all the legal power that can be mustered."

Sanders said the electronic machines have been unreliable, and frequently break down.

"Most of those electronic machines just haven't worked at all," Sanders said.

In order to buy the Election Management System equipment and software now, both election commissioners would have to agree.

Supervisor Dale French (R-Crown Point), who chairs the County Public Safety Committee, said the committee won't intervene.

"It is in your hands," French told the two commissioners. "We're not going to resolve this" at a committee meeting.

E-mail Lohr McKinstry at: lmckinstry@pressrepublican.com