COMMITTEE ON LEGISLATION JOINT WITH PUBLIC SAFETY & SECURITY
MINUTES: October 16, 2006; 1:30 PM
LEGISLATION MEMBERS: Chair: Young; Legislators: Rogowsky, Abinanti, Oros, Stewart-Cousins, Maisano, Myers, Burrows, Ryan
LEGISLATORS: V. Pinto
IN ATTENDANCE: CEO: A. Neuman, B. Randolph, K. Pasquale; Budget: L. Bennet; BOE: R. Lafayette, C. Sunderland; CA: L. Trentacoste, E. Cipollo, S. Dolgin-Kmetz; GUESTS: P. Miller, M. Bruni, J. De Maria, K. McLoughlin, R. MacLaughlin, A. Dengler, J. Bravo, N. Coddington, S. Rogowsky, L. Rogowsky; BOL: B. Bochow, S. Bass, M. Amodio, S. Kirkpatrick
With a quorum present, the Committee on Legislation was called to order at 1:44 p.m.
ITEMS FOR DISCUSSION:
NYS Home Rule Message for former County Legislator John O’Leary for retroactive membership in the New York State retirement system
Item held over. The Committee agreed to take the item up at the next meeting.
Discussion on Voting Machines & HAVA Compliance
Before the Committee on Legislation are two resolutions. The first would resolve that Westchester join in a lawsuit that Nassau County has commenced against New York State. The second resolution is a statement by the Board that they would support either (in order of preference) new HAVA-compliant lever voting machines or paper ballots counted on optical scan machines.
Motion by Legislator Abinanti, seconded by Legislator Myers to enter into executive session for the purpose of discussing a potential lawsuit against New York State. Motion carried 6-0. The Committee on Legislation entered executive session at 1:50 pm.
With a quorum present, (Rogowsky, Abinanti) move to come out of executive session at 2:05 pm.
Linda Trentacoste from the County Attorney’s office gave an overview of the pending lawsuit in the County of Albany, where the County of Suffolk has challenged the interpretation of NYS Law by the State Board of Elections. Suffolk argues that despite the fact that State Law does not expressly allow for the elimination of all lever machines, the State Board of Elections has interpreted the law as such, and required that all counties purchase new voting machines by the end of 2006 for use by September 1, 2007. This would allow only a timeline of the holiday season to select and place an order for new machines. Suffolk argues further that to require a county to use electronic voting machines could disenfranchise voters as these machines have problems that lever machines do not. Finally, the lawsuit asks for declaratory action that the County of Suffolk has the right to keep lever machines and set a new deadline to allow the county to select and purchase new machines before September 1, 2007.
(Abinanti, Oros) move the amended resolution authorizing a lawsuit in connection with Westchester County’s voting system. The amended legislation struck all references to Nassau County in the Resolution authorizing a lawsuit in connection with Westchester County’s voting system. Also, changed the first “Resolved” clause to a “Whereas” clause that reads “Whereas the Westchester County Board of Legislators supports the use of a voting system which accommodates people with disabilities;”. Motion carried 6-0.
(Burrows, Abinanti) move the second resolution that would support either (in order of preference) new HAVA-compliant lever voting machines or paper ballots counted on optical scan machines. After some discussion, the Committee decided to address the resolution at a later date.
(Maisano, Rogowsky) move to adjourn The Committee on Legislation. Motion passed 5-1 (Nay: Abinanti). Committee on Legislation adjourned at 2:59 p.m.
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