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Voting-machine purchase issue puts county in bind(Arizona Daily Star, The (Tucson) (KRT) Via Thomson Dialog NewsEdge) Jun. 5--Pima County could be in violation of federal law -- and on the hook for $2 million -- if the Board of Supervisors doesn't agree to buy touch-screen voting machines from Diebold Elections Systems. But the county could end up on the wrong side of a lawsuit filed by election activists if it does buy the machines. The supervisors will be facing this damned-if-you-do, damned-if-you-don't dilemma for a third time Tuesday on what could be their last chance to make a decision in time for the fall elections. The board twice has postponed a decision on the voting machines in response to critics who say the devices can be tampered with and don't provide an adequate paper trail in case a recount is needed. In a prepared statement, Arizona Secretary of State Jan Brewer blasted the delay, calling it "unconscionable." The federal Help America Vote Act requires that in time for the fall elections, every polling place must have at least one machine that allows the disabled to vote without assistance. The law makes federal funds available to buy the equipment. The Secretary of State's Office said Pima County had to buy the Diebold AccuVote TS-X touch-screen machines because the county already uses Diebold optical scanners to count its paper ballots. "We want a system that will work end to end," Deputy Secretary of State Kevin Tyne said. Thus, Pima County became one of 13 Arizona counties named in a lawsuit originated by Voter Action, an activist group that challenges the use of some electronic voting machines, particularly those made by Diebold and Sequoia Voting Systems. The Secretary of State's Office, also named in the lawsuit, has until June 21 to respond to a request for a preliminary injunction banning the use of the machines. The lawsuit says the machines aren't secure and don't meet the needs of all disabled voters. The two counties not named in the suit, Cochise and Graham, plan to use the AutoMark machine made by Diebold competitor Elections Systems and Software. The AutoMark gets high grades from some disability advocates, and Voter Action does not object to them because they produce a paper ballot. But Diebold will not allow its equipment to be tested with competitors' equipment. That means Pima County could not buy AutoMark voting machines to use with Diebold optical scanners, Tyne said. "We're in a very unfortunate situation," Supervisor Sharon Bronson said. "The disabled community are the ones who will suffer if we delay. But if we do purchase the machines, we may have to replace them if the lawsuit is successful." But Tyne said the county will have to return $2 million in federal funding if it doesn't have voting machines in place for fall and will have to use its own money to buy the equipment. Tyne said Pima County is the only one delaying. "We were on track to have all 15 counties with accessible voting machines," he said. A spokesman for the U.S. Department of Justice's civil-rights division said the department hasn't decided how it will handle noncompliance. Lawsuits have been filed in other states, including California, Colorado and Pennsylvania, challenging the use of electronic voting equipment. New Mexico recently returned to paper ballots. "We're currently evaluating each state and each county, and the results of that evaluation will determine what actions we take," said Eric Holland, the Justice spokesman. Supervisor Ray Carroll said he is willing to wait. "I just believe the Diebold touch-screen machines do not meet all the needs of the disabled voter," he said. |