Re: C.V.V. Statement

[Lou Puls <lpuls@xxxxxxxxxxxxx>]

Paul Tiger wrote:

> BC has card DataVote system that will be outlawed on January 1^st of 
> 2004. This must be replaced before the August primary.
I may well be wrong, but my understanding of the deadline is rather 
different.  It seems to be more the typical Carrot/Stick system - 
compliance with HAVA, and its implementation by a State, is "voluntary" 
since by the Constitution voting is largely handled by the States unless 
precluded by the Constitution, as with disenfranchisement by property, 
religion, poll tax, gender, "race", etc.  

However if local officials want to have financial support to become 
'voluntarily' compliant, then they 'must' follow the Federal guidelines. 
This is similar to such programs as the Federal highway funding:  if a 
state wants money to keep up the freeways, they have to be compliant on 
drinking age, alcohol blood levels, etc.
If local officials feel strongly enough about such compliance, they can 
do without.  If going along with a HAVA, amended or otherwise, that 
enables a voting system that is irrational, insecure, and possibly 
fraudulent, then indeed the funding help should not be a valid incentive 
for compliance.  

The deadline is important in that BoCo should not choose a bad system in 
ignorance.  If it does, or moves toward doing so, the only rational 
course is to file in court to force the County to cease and desist.  I 
think such a Plan B ought to be in the works if our loyal opposition 
approach fails.

Lou