posted November 5, 2009
A Nashville judge on Thursday declined to order the state election commission to immediately comply with the 2008 statute Tennessee’s Voter Confidence Act.
Chancellor Russell Perkins said the injunction sought by Common Cause of Tennessee was “sweeping and extraordinary.” But he said the state is not excused from complying with the law, which would require county election commissions to switch to optical scan voting machines with paper ballots. Almost all the counties now use touch-screen computer screens.
The judge said, “The court finds that the Tennessee Voter Confidence Act does not require the voting system to be implemented by the state of Tennessee to meet 2005 standards.
“The court determines that the state is obligated to take prompt, effective steps to meet the statutory deadline using compliant voting systems.”
Following the ruling, Tennessee Democratic Party Chairman Chip Forrester renewed his call for Secretary of State Tre Hargett to purchase new voting machines that count paper ballots.
"Mr. Hargett cannot use the bogus claim anymore that the machines do not exist," Mr. Forrester said. "Now maybe he will follow the law and do the job he was sworn to do. Fair and verifiable elections are part of the very foundations of our democracy. I do not understand why he is stalling on this issue.
"The state has more than $35 million in federal funding set aside to purchase these machines. That's more than enough money to purchase the machines and train workers. In fact, these machines have been cited in study after study as being less costly in maintenance than the electronic touch-screen machines now in use by most of the state's 95 counties."
State Election Coordinator Mark Goins said, "Today we were in court over an issue that at one point was not even in controversy. The sponsor of the Act, the attorney who wrote the Act and Dick Williams, the lobbyist who lobbied for the Act, (also the plaintiff) have all stated the Act requires the latest standards for paper ballot machines. Furthermore, an email from the Election Assistance Commission’s (EAC) certification attorney/advisor is consistent with that interpretation. If a court determines we are wrong in our interpretation then the sponsor, attorney and Dick Williams who worked to pass the Act are also wrong.
"Now, Common Cause and a handful of like-minded individuals are trying to force the state to spend 37 million taxpayer dollars on paper ballot equipment certified to obsolete standards. Some counties are complaining about being forced to purchase machines in 2002 - only to turn around and spend millions of tax dollars replacing those machines in 2006. These machines are supposed to last for at least ten years.
"My office has been very clear that we are going to make a deliberate, well thought-out acquisition. We are going to get it right. Unfortunately, this lawsuit has stalled our efforts to seek paper ballot machines certified to the strongest standards. As acknowledged by the plaintiffs in their lawsuit, we intended for a request for proposal (RFP) to be issued by now - and they sued to stop the RFP process. Taking into account the court process, including appeals, it appears we will have to wait until late December or January to issue the RFP. At that time, we will issue a RFP to purchase machines certified to the strongest standards.
"According to the EAC, a vendor may have properly certified machines available for purchase by then. If not, we have developed a contingency plan. Since no rational person would think it wise to spend 37 million taxpayer dollars on obsolete equipment, we are considering leasing machines with the weaker standards, while still protecting disabled Tennesseans’ right to vote, until up-to-date machines become available.
"We understand acquiring paper ballot machines will not take away the valid concerns expressed by many county, city and legislative leaders regarding the ongoing costs of paper ballots in these economically difficult times. In September of 2008, Obion County alerted other counties about the huge costs county taxpayers will have to pay associated with the massive changeover in voting equipment. Soon a nonpartisan statewide effort was underway by local government leaders to delay the Act to prevent property tax increases. Responsible legislators from both parties listened to the local leaders and pushed for a delay to protect the taxpayers of Tennessee. Responsible legislators argue with these hard economic times upon us, it is not the time for additional taxes or government spending. As I stated earlier, we are preparing to go back to paper ballots as directed under current law by the November 2010 election. We understand this debate will continue in the next legislative session."
House Democratic Leader Gary Odom Thursday renewed his call "for fair elections in Tennessee by calling on the secretary of state to do his job after a state court issued a ruling confirming that state law requires the implementation of paper ballot machines for the 2010 elections to comply with the Voter Confidence Act of 2008.
"Secretary of State Tre’ Hargett and his appointee, Elections Coordinator Mark Goins, have continually failed to use more than $35 million in federal funding to implement the Tennessee Voter Confidence Act, arguing incorrectly that the machines should adhere to 2005 standards.
"The 2005 standards have yet to be set, however, Chancellor Perkins says paper ballot machines recently approved by the federal government would comply with Tennessee state law.
“The court has ruled that it is time for the secretary of state’s office to stop dragging its feet and to provide for paper balloting for all of our voting machines in Tennessee elections by 2010,” said Odom. “To do anything less is to ignore your duty as secretary of state.”
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