Friday, Jul 18, 2008

Ruling: Cities Must Use Handicap Voting Machines


According to a county official earlier this week, whether or not a city uses hand-counting or machines to tabulate votes in the Aug. 26 municipal elections, the U.S. Justice Department says that it must use the AutoMARK machines to help the disabled vote.

The Walker County Commission, on Thursday, said that cities will be allowed to use the county’s tabulation and AutoMARK machines at no cost. County administrator Jill Farris says commission Chairman Bruce Hamrick had given approval, and that a similar agreement for cities may have been in place when lever machines were still used.

Farris said the county would hope that if the machines were damaged in use that the cities would still help to pay for any repairs.

Chief Clerk Rita Taft of the Walker County Probate Judge’s Office confirmed Wednesday she called cities around the county Monday to tell them they must use the machines for the disabled, after Stephanie Celandie of the voting rights section of the Justice Department called her about the matter and instructed her to do so.

Parrish Mayor Billy J. Dunn said in June that, in order to save costs, his town would hand count ballots rather than using the Model 100 vote tabulation machines that voters have seen during the past two years. Taft says that Kansas and Nauvoo also say they will hand count ballots, but just enough candidates qualified to avoid holding any elections in those towns.

Most cities in the county are expected to use the Model 100 machines, where voters still mark paper ballots using pens, but which are then inserted into the machines and automatically counted to prevent voter fraud.

Election Systems & Software (ES&S) in Birmingham provides the machines. County administrator Jill Farris said both the tabulation and AutoMARK machines cost more than $6,000 each when the county made its purchases in 2006. The county then stores them for future elections.

At the same time these machines were introduced, the AutoMARKs also came into use so that those with visual problems or who cannot use their hands can mark a ballot without having assistance from other people. People without disabilities can also use the machines to cast a ballot.

After a ballot is inserted into the front, with either side up, the machine scans the ballot for 30 seconds. The information is then displayed on a 9 by 12-inch computer screen. The machine then guide the person, through earphones, to use either a touch screen or keypad button process. The machine points out the directions for using the device, with a separate button for speeding up or slowing down the speech or a button to repeat the last spoken phrase. Voters can skip races, change their vote and write-in candidates using the machines, which print on the actual ballot at the end of the process.

In 2006, complaints were lodged in Walker County that some polling places had not made the machines accessible, and that sometimes the machines were not even connected due to beliefs that no one would use them. County officials have said that steps have been taken since to make sure the machines are available if needed.

Some towns indicated confusion concerning what the League was advising. Ken Smith, an attorney for the Alabama League of Municipalities, said Tuesday there was a conflict between Title 11 and Title 17 in state law, but that he felt Title 11 takes precedence and would therefore not require a town to use the voting machines for the disabled if city officials wanted only to hand count ballots.

Smith said if a city decides to use the automated counting machines that voters have become familiar with this year in February and June elections, then that city would have to use the machine for the disabled.

Taft said while it is alright to hand count ballots, the word from Celandie in a phone call Monday that the cities had to use the AutoMARK regardless.

Taft said Celandie had gotten letters from cities to get Justice Department approval for voting systems without mentioning the AutoMARK systems.

Taft pointed to 17-25-4 of the Code of Alabama (renumbered as 17-2-4 after 2006, according to the state’s Web site for the Code). That section says that the voting system shall be “accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.”

To satisfy that requirement, the system must use “at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place.”

Celandie instructed Taft to notify the cities they had to comply and Taft then made the phone calls to all the cities in the county.

Waid Named District 4 Member Of School Board
 

The Walker County Board of Education named Sumiton resident Sonia Waid to the District 4 representative seat during the board’s regular monthly meeting Thursday afternoon.

Thirteen East Walker County residents applied for the position, which opened when Dustin Beaty resigned just over halfway through his six-year term on the board on July 1st.

Board chairperson Willa Dean Daniel cited Waid’s background in finance and close connection to the East Walker County schools as what made her the board’s most viable option.

Waid says that she decided to apply for the position on the day that Beaty announced his resignation.

Waid said she feels her background in real estate lending and collecting will allow her to bring an informed opinion to the table during discussions of the school system’s finances.

The 40 year old Waid has been married to Sumiton Fire Chief David Waid for almost 21 years. The couple has two sons, Michael, age 15 and a student at Dora High School, and Brodie, age 4.

Waid has previously been outspoken at board and community meetings in regard to the overcrowding issue at Sumiton Elementary School, and she says that she felt her strong opinions could have either helped or hurt her during the hiring process.

Daniel said the choice was a difficult one for board members to make.

Daniel also asked the other applicants to throw their support behind Waid during her tenure on the board.

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