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Reply #5: Long time. But that's only if we assume compliance with the election law. [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-15-10 12:45 PM
Response to Reply #3
5. Long time. But that's only if we assume compliance with the election law.
Edited on Thu Jul-15-10 01:41 PM by Bill Bored
The Brennan Center says they'd be happy with the machines just spitting out the overvoted ballots. That's just a ballot definition file change that does not require recertification.

HOWEVER, HAVA does not require a machine to notify the voter of the effect of casting overvotes; NY Election Law does. So they are suing in federal court over a violation of a state law.

They might get somewhere claiming it's a violation of the Voting Rights Act, but the defendants will claim they got pre-clearance from the DOJ and Judge Sharpe!

As far as HAVA is concerned, voter education is enough to prevent overvoting -- and NY is using it.

I'd say since HAVA is not being violated, and HAVA allows levers, and levers prevent overvoting, there is no federal issue here, so case dismissed! (Sorry folks, you should have sued to keep the levers which would also have avoided a number of other threats to our democracy besides just unintentional overvoting, as serious as that is.)
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