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COMMITTEE ON LEGISLATION

MINUTES: November 20, 2006; 1:30 PM

LEGISLATION MEMBERS: Chair: Young; Legislators: Bronz, Burrows, Myers, Rogowsky, Abinanti, Maisano, Oros

IN ATTENDANCE: CEO: K. Pasquale, A. Neuman; B. Randolph; CA: M. Nicolas-Brewster, S. Dolgin-Kmetz; BOL: S. Bass, B. Bochow, M. Amodio, B. Desoy; GUESTS: M. Tanzman,

K. McLaughlin, J. Bravo, A. Heslop, M. Schoeffung, Sherry Defrancesco, L. Tarricone

With a quorum present, the Committee on Legislation was called to order at 1:46 p.m.

MINUTES

(Myers, Burrows) Move to approve the minutes of July 24, 2006. Motion passed 6-0.

Voting Machines

Mel Tanzman representing Westchester Disabled on the Move discussed his concerns regarding the resolution to join the Suffolk County Lawsuit and the resolution endorsing optical scanners. He said people with disabilities want safe and secure voting. They have concerns about the language of the resolution supporting the use of optical scanners. Some people have concerns of accessibility to machines. In the previous election some voters had to go to other towns.

Legislator Abinanti requested that problems with voting be documented.

The County Attorney’s office said the status of the Suffolk County lawsuit is that a deadline to respond is this week. No other county has joined the lawsuit.

(Abinanti, Rogowsky) Move for an executive session with the County Attorney to discuss joining the Suffolk County Lawsuit against the State of New York and the New York State Board of Elections on the implementation of HAVA. Motion approved 7-0.

(Maisano, Rogowsky) Move to go out of executive session. Motion approved 7-0.

(Abinanti, Maisano) Move to receive & file item 57, authorization to join the lawsuit of Suffolk County against The State of New York and The New York State Board of Elections. Motion approved 7-0.

(Abinanti, Myers) Move to approve and amend item 43 by striking the fourth Whereas Clause which refers to lever machines and resolve that the Westchester County Board of Legislators supports and urges as the HAVA compliant system of choice in Westchester County a voting system employing paper ballots counted on precinct by precinct optical scanning machines.

Legislator Bronz noted that this resolution was approved by the Committee on Housing, Planning and Government Operations and if language is changed, it would have to go back to that committee.

Legislator Maisano said he couldn’t support this resolution today. It is his opinion that optical scan will probably work best. But he expressed concern about passing such resolutions when they are not the ones making a decision. This is a decision for the two Board of Elections Commissioners. The County Legislature has not thoroughly examined all the facts of which is the best machine. He recommended that the committee bring in experts and here what occurred on Election Day.

Legislator Abinanti believes that hearings were held and that we have received a great deal of information on the issue of voting machines. It is important for us to speak out rather then wait for a decision by the Commissioner of the Board of Elections. He supports the resolution because if one of the ATM style machines break down there is no alternative, but in situations where an optical scan machine breaks down there is still paper ballots and people can count them.

Motion failed 1-5 (Abinanti-Yea).

(Bronz, Myers) Move to receive and file items 17, 33-36, 38, 42, 47, 51, and 58. Motion approved 5-0.

(Rogowsky, Bronz) Move to adjourn The Committee on Legislation. Motion passed 5-0.

Committee on Legislation adjourned at 2:55 p.m.

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