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NYS Board of Elections certifies controversial touch screen voting machines

A computer touch screen is mounted on a cart with wheels.
ES&S
The ExpressVote XL by Election Systems and Software (ES&S) was approved by the NYS Board of Elections.

After a lengthy discussion, the New York State Board of Elections certified a new controversial touch screen voting machine for use in future elections. Opponents, including some leading government reform groups, say the decision is “bad for voters,” and that the machines don’t leave a verified paper trail, and are potentially vulnerable to cyber-attacks.

The machine, known as the ExpressVote XL, is made by the company Elections System and Software. It uses touch screens for voters to choose the candidates they want for elected offices and then cast their votes. The machine then prints a ballot on thermal paper, which the voter can view through a glass screen, but is not allowed to handle. The ballot is then converted into a barcode. That barcode is fed into a machine that records the results.

Currently, all voting machines in New York operate with paper ballots filled out by hand by the voter, that the voter then feeds into a tallying machine.

The Board, which is made up of two democrats and two republicans, discussed the proposal for hours, in a debate that at times grew heated. Democratic Commissioner Douglas Kellner raised several objections, including whether the thermal paper meets the board’s environmental standards, and whether the lack of an actual paper ballot violates New York State law, which requires that there be a paper trail that can be used if a recount is needed.

"We should be steering our vote in our county elections officials towards landmark papers are significantly more expensive and has these other issues and lacks the confidence of a substantial number of voters in the community,”

Republican commissioner Peter Kosinski disagreed with Kellner’s concerns, saying it’s up to the individual counties, who would choose to buy the machines to determine whether the touch screens are right for them.

“That's not our job,” Kosinski said. “If the county voters and their county board says ‘we don't like this type of machine because we can't do X, Y and Z with it’, then they county can say ‘we’re not going to buy it’.”

Board of election staff said they tested the touch screen machines and did not find there were any significant security concerns. In the meeting, staff members said they would vote to approve the machines if they could.

Commissioner Kellner voted no to the certification, but the other democrat on the board, Andrew Spano, voted with the two other republicans, so the measure was approved.

Sarah Goff is with the government reform group Common Cause, one of several groups who wrote a letter to the Board of Elections asking that the machines not be approved. Goff, speaking before the vote, says New York already uses the best available voting machines, and that should not change.

“Our concerns are really that why would we move away from the gold standard that we currently have, in which a voter marks their own ballot, and it's scanned in, to move to a system that is more insecure,” said Goff. “ It's incredibly expensive. And the idea of transitioning voting machines, right before a very consequential election cycle, and 2024 just seems like a bad idea.”

Goff says the questions about the machines will “fan the flames” of misinformation regarding the safety and security of the US and New York State elections.

In a statement following the vote, Common Cause called the certification of the machines “ an exceedingly poor decision.”

The touch screen machines could be in place as early as Election Day next year.

Two other machines that employ some touchscreen functions were also approved, the Clear Ballot Clear Vote 2.4 and the Dominion DS 5.16 . Election officials say those machines also went through thorough testing and are safe.

ONONDAGA COUNTY GETS NEW VOTING MACHINES

For the first time in 15 years, Onondaga County voters will be using new voting machines to cast their ballots. The Board of Elections says in a release that it has chosen Clear Ballot Group as its new voting and election management systems vendor. They’ll replace the current Dominion ImageCast machines that have been used since the 2008 General Election. Voters will begin using the new machines this fall.

Clear Ballot was one of four vendors considered by the Board. Commissioners say they liked the company’s redundancy, design, and accessible features. The county allocated nearly $3 million for the equipment upgrades, as well as improvements to the warehouse and vehicles.

Karen DeWitt is Capitol Bureau Chief for New York State Public Radio, a network of 10 public radio stations in New York State. She has covered state government and politics for the network since 1990. She is also a regular contributor to the statewide public television program about New York State government, New York Now. She appears on the reporter’s roundtable segment and interviews newsmakers. Karen previously worked for WINS Radio, New York, and has written for numerous publications, including Adirondack Life and the Albany newsweekly Metroland.