Guest Blogged by Bo Lipari of New Yorkers For Verified Voting...

You would have thought that since there have been so many documented problems in other states over the years that voting machine vendors would have gone out of their way to make sure new systems being deployed in the Empire State were thoroughly tested, met all state requirements, and worked flawlessly.

At a minimum, you would expect that any business fulfilling an enormous, multi-million-dollar contract to a new client would make sure the systems were, well, at least operational. But, incredibly, you would be wrong. The machines which ES&S and Sequoia are providing to New York State are failing initial testing at a rate which would astound anyone – unless you’ve been following the voting machine industry for the last 10 years.

I discussed these problems on my July 2, 2008 Voice of the Voters [MP3] radio show with my guest, Bill Biamonte, Election Commissioner of Nassau County, the second largest Board of Elections in the state which serves over 870,000 voters. In a June 26 letter to Judge Gary Sharpe, who ordered New York State to complete its Help America Vote Act implementation by 2009, Nassau County reports the unbelievably high failure rates they’re finding in the systems they’ve received:

Guest Blogged by Bo Lipari of New Yorkers for Verified Voting

The following was posted to my Blog on June 22, 2007

I’m pleased to report that due to a huge outpouring of calls from citizens, and three intense days and nights working the Capitol halls by New Yorkers for Verified Voting and the League of Women Voters/NY, New York State's voting machine laws were not weakened or tampered with in any way. Neither the Microsoft amendment nor any other proposals being pushed by voting machine vendor lobbyists made it into any of the thousands of bills passed in this last crazy week of the session. The citizens of New York State stood up to these powerful private interests and won.

A rapid response by citizens to this threat to our essential protections resulted in over 3,000 calls to legislators in just over two days. This huge outpouring from the public averted the threat of a stealth amendment slipping into law unnoticed, as so often happens in this last hectic week in Albany. Every legislator I talked to over the last three days was impressed by the volume of calls and the passionate reaction, and promised they would watch the bills carefully for back door changes, adding their eyes to ours. They reaffirmed their commitment to keeping New York’s voting machine laws among the strongest in the nation, and in the end, they came through. The public’s response to this threat has kept our representatives vigilant and committed to keeping New York State’s voting machine laws among the strongest in the nation.

Keeping our strict laws intact was an essential win for us, but this is only Round One. The next battleground will be the New York State Board of Elections, where the four commissioners are discussing how to interpret the New York State law. And yes, you guessed it, one of the interpretations being promoted by some of these decision makers would allow the voting machine vendors to use Microsoft and other source code in voting technology that would not be subject to review in the event of election problems. Our next task will be to make sure the State Board of Elections understands what we’ve told the State Legislature, that the public’s will is expressed precisely in the letter of our election law – ALL source code must be handed over, not just some pieces of it. Our elections, and the technologies we use to conduct them, belong to us. And we the people aim to keep it that way.

But today, let’s celebrate. Congratulations friends, we did it!