Commissioners delay voting machines

By Mary Madewell
The Paris News

Published January 25, 2005

Lamar County commissioners could be moving toward a standoff with the federal government over Help America Vote Act requirements.

The legislation, signed into law by President George Bush on Oct. 29, 2002, requires that an electronic voting machine be made available in all election precincts by Jan. 1, 2006. The machines are to help disabled Americans cast their vote.

A Help America Vote Act Grant Award agreement and accompanying resolution from county government states that Lamar County agrees to comply with the law.

A memo from the Texas Secretary of State?s office sent to counties last year stated that counties ?are encouraged to submit the signed grant award agreement that was sent to the county judge along with the required resolution from the commissioners court as soon as possible.?

?The SOS may impose deadlines if an excessive amount of time elapses and the county has taken no action to secure the funding,? the memo continues.

However, a Sept. 1, 2005, deadline for applying for funds is mentioned in the state plan for implementing the act.

Commissioners on Monday did not act on the resolution, which has been on the agenda about four times in recent months.

?Sign the agreement,? Precinct 3 Commissioner Rodney Pollard urged. ?We use their money or we?ll end up using our money.?

County Judge Chuck Superville agreed with Pollard, but commissioners Mike Blackburn of Precinct 1, Carl Steffey of Precinct 2 and Jackie Wheeler of Precinct 4 took a wait-and-see-what-happens approach.

The state award agreement provides about $155,000 to help the county purchase computers as well as a docking station to convert vote totals. Voting machines cost about $3,000 with converter costs ranging from $20,000 to $50,000. The county would need 32 machines to be in compliance.

Not covered with federal funds is the cost of replacing the county?s paper ballot scanning machine. The machine will not take information from electronic voting machines, Marlowe said.

?I don?t think it will be certified for another year,? Marlowe said. She estimates replacement at about $38,000.

?What can they do to us if we don?t have the machines?? Wheeler asked.

?If you don?t do it, the Department of Justice will probably get involved,? County Clerk Kathy Marlowe said. ?They?ve got you over a barrel.?

?They don?t have you over a barrel until you sign some legal document committing yourself to it,? Wheeler said. ?Otherwise there is just a threat out there ?I?m going to do this to you.??

Steffey said he wanted to hold off on signing the agreement until he sees what Texas Association of Counties accomplishes in Austin.

?TAC is making a big push to get the state legislature to pay the county?s cost of these,? Steffey said.

Commissioners and the county judge agree that the federal act amounts to an unfunded mandate because federal funds available will not cover all costs involved.

Blackburn, Steffey and Wheeler argued that Lamar County has had no complaints from the disabled because election clerks are present to help with voting.

?I thought this was what we?ve always had election clerks for in the past, to help people who did not read to vote and anybody who cannot mark the ballot to help them vote,? Steffey said. ?We are paying them and now we are going to have another set of things here for them to vote on that no one knows how to operate. So you are still going to have to have an election clerk helping.?

Marlowe said secrecy in casting votes is an issue that brought about the federal law. She said the machines have braille and a touch screen that is adaptable for use by a person with any type disability.

Marlowe predicts that at some point in the future electronic voting machines will be a federal requirement.

?If at some point they decide to do away with paper ballots, we will need about eight of these machines in each of the larger precincts,? Marlowe said.

Superville doesn?t like the unfunded mandate, but said he sees no way the county can get around following the law.

Marlowe said the requirement not only affects the county but cities and school districts as well.

Steffey recommended that all entities share the machines as well as costs.

?I think this is all coming to having an elections administrator for the entire county,? Marlowe said.

In other action, commissioners authorized someone from the sheriff?s department to accompany Ginger Cook of Funding Solutions to a homeland security meeting in Dallas required for the county to received 2004 grants.

The court agreed to transfer tax resale deeds on several lots in Roxton to the city. The property adjoins Roxton?s wastewater treatment plant. Roxton Independent School District has already signed deed transfers.

Commissioners went into closed session to discuss personnel matters but took no action after reconvening in open session.