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NY: (U.S. District Court Decision) A Boost for Nassau's Fight to Keep Lever Voting Machines [View All]

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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-20-10 03:11 AM
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NY: (U.S. District Court Decision) A Boost for Nassau's Fight to Keep Lever Voting Machines
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Edited on Sun Jun-20-10 03:18 AM by Wilms

A Boost for Nassau's Fight to Keep Lever Voting Machines

June 19, 2010 by RICK BRAND /


"The door is open a crack," said County Attorney John Ciampoli, "but we're ready to lean on it."

In his ruling, U.S. District Court Justice Joseph Bianco sided with Nassau ordering the county voting machine lawsuit be heard in state courts, despite opposition from the state Board of Elections and the attorney general's office.

In its lawsuit, Nassau claims the new electronic voting systems violate the state constitution because they threaten to disenfranchise voters due to their unreliability and security problems. They also claim elections would no longer be controlled by public officials but private companies that own the software.


State officials argued the county is trying to use state claims to avoid implementing Help America Vote legislation and ignore court orders. Bianco disagreed: "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.


William Biamonte, Democratic elections commissioner, said state court will allow them to raise the issue of machine flaws (Judge) Sharpe ignored. "This takes it back to (NY State) Supreme Court where the state can't hide behind the Justice Department, a consent decree or a federal judge (Sharpe) who has already made up his mind."


Biamonte also maintains that while federal aid funded purchase of electronic machines, ongoing costs for training, paper supplies, and special trucks now needed to transport the computerized systems are going to be far more costly than the sturdy lever machines. "Paper alone is $1 million a year," he said.


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