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Several States Feel E-Voting Crunch
by Michael Martinez
As the 2006 elections approach, officials in several states are starting to sweat as they prepare e-voting systems to comply with federal legislation. Election officials in both New York and Pennsylvania were threatened by legal action this week.
New York Assistant Attorney General Wan Kim warned state lawmakers of a potential lawsuit stemming from that state's failure to revamp its voting system.
According to the Justice Department, New York is last in complying with guidelines mandated by a federal measure enacted after the 2000 elections. A December survey by the National Association of Secretaries of State found that 41 states will be fully compliant with the law by the time they hold federal elections in 2006.
New York was allocated $220 million in federal funds to manufacture 20,000 new voting machines. The Justice Department chastised the state for failing to meet a Jan. 1 deadline to create an electronic database of registered voters. It also lambasted lawmakers for not quickly allocating the state's share of $2.3 billion to modernize voting systems.
Kim said the federal department would not hesitate to take action against the state. In his letter, he said Justice is "prepared to file a complaint if the matter is not resolved expeditiously." A copy of the letter was obtained by The New York Times.
In Pennsylvania, meanwhile, the Coalition for Voting Integrity filed suit on Tuesday against Secretary of State Pedro Cortes to block the purchase of new voting machines. The group said Cortes "erroneously" discounted the state's old lever-operated machines, and applied inconsistent and unconstitutional certification standards to the machines it plans to adopt. The coalition also is urging election officials to provide paper receipts for electronic ballots.
According to the group, the Diebold machines purchased by state elections officials have not proved reliable or secure. In a press release, coalition officials said Cortes is "applying glaringly inconsistent certification standards to the alternative voting systems being considered" and that there is overwhelming evidence of major security flaws in the Diebold machines.
"By both failing to incorporate strong security requirements in the official certification process and also not applying those security measures equally to all systems, Cortes is not complying with Pennsylvania election law," said Mary Ann Gould, the founder of the coalition.
In California, Secretary of State Bruce McPherson this week put more pressure on Diebold when he issued a Feb. 1 deadline for the company to inspect its e-voting software.
McPherson delayed his approval of the machines last month so that an additional federal evaluation could be conducted. Critics have raised concerns that the source code in the machines' memory cards could be manipulated to affect elections. County election officials in California have until March 1 to determine whether the machines will be ready for the state's June primaries.
Calif. City Loses Fight Against Cell Tower
A federal appeals court on Tuesday ruled that a California city cannot block the construction of a cellular telephone tower for purely aesthetic reasons.
The 9th U.S. Circuit Court of Appeals struck down a law in La Canada Flintridge, a city of about 20,000, that let officials withhold building permits for a cell tower they considered unsightly. The case is expected to set a precedent in favor of telecommunications companies looking to expand their infrastructures in other parts of the country.
Sprint filed the original lawsuit in 2001 after the city denied the company the rights-of-way it needed to build the tower in a residential location. A U.S. district judge ruled that the city could withhold permits for aesthetic reasons -- even though he said the city did not provide enough evidence to deny rights-of-way for public safety reasons. The appellate court did not agree.
Appeals Judge Diarmuid O'Scannlain said the city's halt on the construction of the tower violated California's public utility code. "While the authority to restrict building based on 'time, place and manner' gives cities more authority to determine what constitutes a reasonable use of the road, this language does not seem to enhance greatly the city's regulatory latitude, certainly not to the extent necessary to engage in aesthetic regulation," he wrote.
The city council is planning a special meeting with its attorneys to discuss an appeal.
Bill Targets Digital Music Players In Cars
A bill introduced in the Nebraska Senate this week would make it illegal for drivers to listen to digital music devices when they are driving.
The proposal would fine drivers $100 for operating Apple Computer iPods or similar players. The bill, L.B. 1108, also would prohibit drivers from mounting television sets on their dashboards.
The legislation would outlaw other activities that might cause people to drive in an "inattentive manner," including reading, interacting with animals and grooming themselves. Special exceptions were included for using global positioning systems and other mapping applications.
Milwaukee Approves City Wireless Plan
The Milwaukee Common Council on Wednesday cleared a plan to build a $20 million, citywide wireless network.
The council approved the measure on a 14-1 vote, finalizing a 14-year deal with Midwest Fiber, which will build and operate the network. The contract includes an option for six more years.
No public money will used to complete the project. City officials said they expect customers to pay monthly rates of about $20 for service.
Midwest Fiber will build a fiber infrastructure underneath the city and will pay to install as many 3,000 antennas on street lamps and electric poles. A test of the system in a select downtown area is slated to begin within four months, and the entire network is set to be completed in 2007.
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