NY Election at Risk ExpressVoteXL

#Elections at risk!

NY could decide who controls the House in 2024.

But a new machine called the #ExpressVoteXL makes it impossible to verify who you voted for.

It could be approved for NY Wed 8/2.

Send an email to stop it.

A new  voting machine called the ExpressVote XL has been submitted for use in New York state. Experts call it a “bad” voting machine that could radically change the way we vote. They say it will undermine security and confidence, while increasing wait times and costs.

The ExpressVote XL is an ATM-style touchscreen system that does not allow voters to use a pen and paper to vote. The ballots look completely different from pen and paper ballots. NY statutes do not allow ballots that look different to be used at the same polling place, so, no pen and paper voting will be permitted wherever the ExpressVote XL is used. This could include every single polling place in any county that uses it. New York City Board of Elections already asked for permission to use it.

NY elections could determine the balance of power in the House of Representatives in 2024, and how we vote matters.

Remarkably, civil rights leaders, conservative advocates and security experts all agree it is best that we reject the ExpressVote XL. New York has been a leader in election security and this is no time to change that. Yet the approval process is moving forward rapidly, and the New York State Board of Elections could vote any day on whether to approve the voting machine for New York.

The vendor ES&S has fought hard to have the ExpressVote XL approved in New York. The voting machine is estimated to be selling for 10,000 per machine, around double the cost of current systems. ES&S stands to make massive profits from its sale. A representative of their lobbying firm has even engaged in behavior that is possibly illegal.

You can quickly and easily send a letter immediately to New York election commissioners and key staff, as well as representatives at the New York City Board of Elections, and the Democratic Leader of the House of Representatives. You’ll let them know you want them to reject the ExpressVote XL.

If you prefer to write a more personal letter, there is a template to do that here. But the most important thing is to send a letter quickly.

https://docs.google.com/document/d/1z9Uf7-zWsh5ap4Lv1NmvuNvBOv2Zpp8C/edit?pli=1

SNAIL MAIL Letter

 

[Your full name]
[Professional title]
[Company]

[Street address]

[City, State ZIP Code]

[Email address]

Date

Douglas A. Kellner, Co-chair
Peter S. Kosinski, Co-chair
Andrew J. Spano, Commissioner
Anthony J. Casale, Commissioner

 

New York State Board of Elections
40 North Pearl Street, Suite 5
Albany, NY 12207-2729

 

Dear New York State Board of Elections Commissioners:

[Put in a few sentences about your group and your mission statement, or yourself, if you’re writing as an individual.]

We ask that you reject the ExpressVote XL for use in New York.

New York Election Law § 7–201 instructs the State Board of Elections to conduct “its own examination” in determining whether a voting machine or system “can be safely and properly used.” In our opinion, the ExpressVote XL cannot be “safely and properly used” in New York State for the following reasons.  

 

For over ten years, New Yorkers have had the option in every polling place to vote with a hand-marked paper ballot, or a ballot-marking device, (BMD) whichever they prefer. Having both options available helps voters feel comfortable and in control. It gives voters and candidates confidence that their votes will be counted accurately. 

One of our main concerns is that the ExpressVote XL will eliminate hand-marked paper ballots wherever it is used. This is because NY statutes require all ballots in a polling place to be identical. The ExpressVote XL summary card does not look like a hand-marked paper ballot. So wherever the ExpressVote XL is used, pen and paper voting can not be available. 

Thinking this through further, we can see that if the ExpressVote XL is adopted in New York City, for example, it would replace the Automark ballot-marking device, which is at end-of-life, in every polling location (for both Early and Election Day voting.) Once that decision is made, then all pen and paper voting would be eliminated in every polling location for all in-person voting in all five boroughs (both for Early Voting and Election Day.) There would be no more hand-marked paper ballots in any location in those counties.

This is a catastrophe for New Yorkers, who have enjoyed the confidence and ease of using hand-marked paper ballots for more than 10 years.

People who struggle with technology may find voting very challenging, and even decide not to vote.

Security and auditing experts say that elections conducted on all-BMD systems “cannot be confirmed by audits.” (Free version here.)  This is one of the most serious consequences of losing hand-marked paper ballots. New York goes from an election security and auditing leader, to a state that is failing to follow best practices.

There are multiple other vendors offering BMDs that produce a ballot that is identical to a hand-marked paper ballot, so there is no need to approve a voting machine that will eliminate our pen and paper option.

Furthermore, the ExpressVote XL encodes the vote in a barcode, making it impossible for voters to verify their votes. New York election law requires that voters be able to verify their votes, so it is not legal to use the ExpressVote XL in New York. Encoding votes in a barcode is in direct opposition to good election practices. Colorado, a state that is a leader in security and administration, has banned the practice of encoding the vote in a barcode of QR code.

Another reason the ExpressVote XL is illegal is that in order to verify their choices, voters cannot hold the summary card in their hand, but instead must peer at their ballot through a polycarbonate (plastic) screen. Over time this screen can become scratched and even harder to see through. This could make it literally impossible for many people to verify their choices, especially those who have visual disabilities. 

Lines are likely to be much longer, with the ExpressVote XL. If voters have a pen and paper option, many voters can fill out the ballot at the same time. With all-BMD systems, many voters will be waiting for a machine to become available, and the lines will increase exponentially. This has been demonstrated in Georgia, where lines to vote on their all-BMD system have been as long as ten hours. 

This increases frustration and decreases participation. We want our voting machines to be easy-to-use, not challenging. 

All-BMD voting systems also require more poll workers, more space for storage, more power and more maintenance. 

The costs of providing enough BMDs for all voters are going to be astronomical. Experts estimate we will have to buy around six times as many BMDs. It is $10,000 for each ExpressVote XL, according to the New York Times. This could increase costs by around $100,000 PER LOCATION. 

The ExpressVote XL uses a light-weight thermal paper. Experts say it cannot last the required 24-month retention period. New York elections are critically important to the Congressional balance of power. If there were to be a high-profile audit of a New York Congressional race, and the votes on thermal paper were disappearing, New York would become the laughing stock of the country. And once again, this inability to comply with the full retention period violates both New York and federal statutes. 

The ExpressVote XL has struggled in the field. In both New Jersey and Pennsylvania it declared the wrong candidate the winner in a race. Election Officials in Northampton County gave the machine a 100% vote of “No Confidence” but were unable to get out of their contract. It is the subject of a lawsuit in Pennsylvania.

The ExpressVote XL does not have a good track record for accessibility. Four years after it was implemented in Philadelphia, two-thirds of the polling places are still not fully accessible.

The use of the ExpressVote XL in New York violates our statutes. It is not legal for voters not to be able to verify their votes, and we have no evidence that the votes on the ballots will last the full retention period. It will also create long lines and burdensome costs for taxpayers. The ExpressVote XL is not a good fit for New York, and we ask that you reject it. 

Sincerely,

Your Group’s Name or Your Name

 

Please send to: 

• el****************@**********ny.gov,
• Peter S. Kosinski / Co-Chair <pe************@**********ny.gov>,
  
• Douglas A. Kellner / Co-Chair <da*@*****aw.com>,
  
• Andrew J. Spano / Commissioner <wc**********@***il.com>,
  
• Anthony J. Casale / Commissioner <an************@**********ny.gov>,
  
• Co-Executive Director, Kristen Zebrowski Stavisky <Kr************************@**********ny.gov>,
  
• Co-Executive Director, Raymond J. Riley III <ra***********@**********ny.gov>,
  
• Deputy Executive Director, Thomas Connolly Th*************@**********ny.gov>,
  
• Director of Election Operations, Amy M. Hild <Am******@**********ny.gov>,
  
• Deputy Director, Public Information, Jennifer Wilson <Je*************@**********ny.gov>
• Co*******************@***il.com
• MR***@*OE.nyc

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SM****************@***il.com