From Andi Novick:

Dear friends,

Thanks to all of you who have followed thru with letters to the SBoE. 
We must be having some success because a pat response was prepared in 
order to respond to all of you, in which the SBoE erroneously 
stated that HAVA required we get rid of our levers. That's not true. 
It is deeply disturbing that those entrusted with protecting the 
integrity of our elections and complying with the law don't know how 
to read the law.

Section 301of HAVA sets forth 5 requirements that each voting system 
has to meet. NY has met all of them now that we have ballot marking 
devices (BMDs) in place. Indeed our own SBoE Commissioner Kellner 
testified in 2004 that: "Our lever machines satisfy all but one of 
[HAVA'S] standards, that there be at least one machine at each poll 
site that is 'accessible for individuals with 
disabilities."  
<http://www.opednews.com/articles/opedne_andi_nov_080315_open_letter_to_ny_ci.htm>http://www.opednews.com/articles/opedne_andi_nov_080315_open_letter_to_ny_ci.htm
The accessibility standard has now been complied with. You will see a 
ballot marking device in every poll site when you go to the polls 
next month.

Maybe the SBoE needs to hire Pat Lamana of the Dutchess Peace 
Coalition, who is not an attorney but is able to read and understand 
English. Here's what she wrote back to the SBoE:

Please allow me to differ.  HAVA does "not" require us to give up our 
lever machines as long as we make provisions for individuals with 
disabilities, which we have already done.  We are free to use lever 
machines, or the good old-fashioned hand-written, hand-counted 
ballots which are surprisingly efficient and the most reliable form 
of voting.  And it's worth using the simplest, cheapest form of 
technology, if that's what will preserve our democracy!

Thank you,
Pat Lamanna

In a nutshell-  HAVA DOES NOT BAN LEVERS.  NY is hiding behind their 
unconstitutional legislation.
Let me tell you what's really going on.  Let's say your child's 
school tells her she needs a calculator.  There is a perfectly good 
calculator at home, but she goes out and spends $500 on a new one. 
You object to your money being wasted. Her defense is, the school 
said we had to buy this one.  The school didn't say that and the 
calculator you have at home works well (although old, its 
proven highly reliable). What would a responsible parent do? Tell her 
she can keep the calculator, even though it immediately showed itself 
to be unreliable (miscalculating arbitrarily) or do you tell her to 
return it and use the one at home.

NYS took about $221 million dollars under HAVA of which roughly $48 
million was to replace the levers. The State knows the levers are 
secure and the computers aren't, but either doesn't want to give back 
the $48 million or can't read. HAVA says, if you take the money and 
don't replace the levers, give back the portion of the money that was 
to replace the levers.  Now what would a responsible State do? 

It's our money (all taxpayer dollars). Tell the State to give it back 
before they kill our democracy and cost us far more money -see 
yesterday's Times Herald reporting that Ulster residents' taxes will 
rise 4-5% just for the 2009 elections- for the privilege of voting on 
unreliable new voting machines-
<http://www.recordonline.com/apps/pbcs.dll/article?AID=/20081020/NEWS/810200315/-1/NEWS>http://www.recordonline.com/apps/pbcs.dll/article?AID=/20081020/NEWS/810200315/-1/NEWS.
        
Write back to the SBoE now-  
<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]  -- 
Keep the pressure on.
Let them know you're paying attention and you know they're 
wrong. Tell them to give back the $48 million and keep our levers 
now while we are still fortunate to have the only secure voting 
system left in the United States. Don't permit the forfeiture of your 
sovereignty because of your government's incompetent or 
unconstitutional behavior. Public elections require public 
observability-essential for our democracy to survive.  How dare they 
impose secret vote counting on us.  This is the time to be outraged 
and constructive.  If you remain passive, you'll be left with your 
outrage and your servitude.

And if our efforts fail to persuade the State- well that's why we're 
bringing the lawsuit to have the court declare NYS's (not HAVA's mind 
you) requirement that we replace the levers, unconstitutional.

- SIGN THIS PETITION - 
<http://www.electiondefensealliance.org/save_ny_levers>http://www.electiondefensealliance.org/save_ny_levers

Your name will be listed shortly after you sign, so we know if you 
didn't care enough to take a few minutes to prevent your 
disenfranchisement. Just kidding, but seriously if you don't care, 
who will? Pass this on widely.

thanks,

Re-Media Election Transparency Coalition
<http://re-mediaetc.blogspot.com/>http://re-mediaetc.blogspot.com/

This is all of our responsibility. Please take the time to send 
copies of your letters to your:
--  local election commissioners 
- 
<http://www.elections.state.ny.us/CountyBoards.html>http://www.elections.state.ny.us/CountyBoards.html
 
,
  --  state representatives - 
<http://www.congress.org/>www.congress.org for email addresses,
--  local media - <http://www.congress.org/>www.congress.org - for 
media click on # 8 "media guide." 

Let's see if we can't get them to respond to our letters too--Get the 
word out now while there's time






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