Tying a Paper Trail to Election Reform: Legislators, Organizations Spring to Action

Matthew Hersh

In an attempt to set a legislative mandate to overhaul all electronic voting machines, local legislators and community groups met in Trenton Monday to map out a strategy that would place a "paper trail" on all new machines.

The move follows a Rutgers Constitutional Litigation Clinic lawsuit brought about by the Princeton-based Coalition for Peace Action (CFPA). The aim of that suit is to attach a receipt or internal printing paper roll as a back up to the electronically-tallied votes.

Filed before the presidential election, the suit initially sought to curb the use of electronic voting machines, favoring the older machines for their supply of a paper trail. With only six days remaining before the presidential election, a State Superior Court Judge Linda Feinberg declined to hear the case, allowing New Jersey's elections to move forward as planned. That suit remains to work its way through the courts.

Citing past malfunctions by the machines manufactured by Sequoia Voting Systems, Diebold, and ES&S, Assemblyman Reed Gusciora (D-Princeton Borough), a plaintiff in the suit, said that safeguards may have been overlooked when the state put in new voting equipment. He indicated that state legislation should be put forth to address problems with voting machines.

Mr. Gusciora, Rep. Rush Holt (D-Hopewell), the Rev. Robert Moore of CFPA, the Rev. Reginald Jackson of the New Jersey Black Ministers Council, and Stephanie Harris, a plaintiff in the lawsuit, spoke at the State House Annex Monday, saying a paper trail would create a "safeguard" in counting votes.

"Democracy is a self-correcting process," Mr. Holt said. "If that process itself is in question, it means our ability for self-correction and moving forward is put into jeopardy."

The recent presidential election, Mr. Holt continued, was generally perceived to have been successful; that is, there was no "meltdown" as there had been in Florida, he said.

"In fact, if you look at the complaints and anxious calls that were coming in on the hotlines, we know that this year's election was not flawless; no election is."

Mr. Holt cited "intimidation" and "distraction" tactics at the polls that could have deterred some voters, but he did not offer a specific instance.

"Heavy-handed, direct intimidation still occurs," he said.

Mr. Holt also called for the improvement of voter registration methods, provisional ballots, and absentee ballots.

A House bill, HR-2239, seeking to address many of Mr. Holt's concerns, had been introduced with 176 co-sponsors. However, with this current congressional session ending, the bill will have to be re-introduced next session.

"No one objects to the electronic machines," Mr. Gusciora said, citing a measure signed into law by California Governor Arnold Schwartzenegger that would require a paper trail. Currently, 16 out of 21 counties in New Jersey use electronic machines; all are manufactured by Sequoia.

"It is impossible to have independent audits for what each voter intended to do," he said.

Mr. Holt said he was receiving bipartisan support for his House measure.