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HAVA Doesn't Ban Lever Voting Machines [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-26-10 01:06 PM
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HAVA Doesn't Ban Lever Voting Machines
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From "Talk of the Sound" (New Rochelle, NY)

HAVA Doesn't Ban Lever Voting Machines
Submitted by eddie ajamian on Sun, 07/25/2010


http://www.newrochelletalk.com/content/did-you-know-abo...

The federal Help America Vote Act (HAVA) did not require "that Boards of Elections across New York State jettison the traditional mechanical lever machines." This is a common misinterpretation of the law. Here's the link to HAVA: http://www.justice.gov/crt/voting/hava/HAVA_2002.php

HAVA offers money for new machines to states that retire punch card and lever machines, but it does not ban them. HAVA does require that states make voting systems accessible to the disabled. All New York counties are in compliance with this through the deployment of at least one Ballot Marking Device at each poll site.

The view that HAVA requires lever retirement was recently refuted in court where US District Court Judge Joseph Bianco ruled that, "HAVA does not prescribe a particular type of voting machine nor does it have anything to say about any specific requirements on how New York
officials must carry out their duties." This Newsday article covered that:
http://walmartcommunityvotes.com/election-news/newsday-...
And here's Judge Bianco's decision.
http://sites.google.com/site/evoterproject/files/nc_v_n...

New York's Election Reform and Modernization Act (ERMA) does require levers to be retired, but the constitutionality of the law is being contested by Nassau County and its Board of Elections in State Supreme Court. See:
http://www.courthousenews.com/2010/07/23/29079.htm

-snip-

Unlike lever voting machines, ballot scanners allow overvoting. A lawsuit about that was reported on here:
http://www.nytimes.com/2010/06/28/nyregion/28vote.html?...
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