Volusia's 'no' to touch-screens on state's radar
 
By Kevin P. Connolly | Sentinel Staff Writer
Posted June 10, 2005

DELAND The state Attorney General's Office confirmed Thursday that it is looking into Volusia County's rejection of controversial touch-screen voting machines devices aimed at allowing disabled voters to cast ballots independently.

The interest from the office of Florida Attorney General Charlie Crist, a Republican gubernatorial candidate who has touted his commitment to protecting civil rights, marks the latest fallout from the County Council's vote this week against a contract with Diebold Elections Systems for 210 touch-screens.

Monday's vote, which came amid mounting pressure from activists worried about the machines' inability to produce paper ballots, derailed Elections Supervisor Ann McFall's plans to comply with state laws requiring disability-accessible voting for elections after July 1.

It also could make Volusia vulnerable for legal actions after July 1 from Crist's office under a new law that gives the Attorney General's Office the power to fight discrimination at the state level, DougTowne, a disability consultant for the state Division of Elections, said Thursday.

Speaking to elections officials north of Tampa, Towne, who predicts private disability-advocacy groups will sue Volusia, said Crist's office could use the 2003 Dr. Marvin Davies Florida Civil Rights Act to force compliance.

Crist first used the new civil-rights-enforcement powers in 2004 when he filed a lawsuit against a Perry motel owner accused of discriminating against black customers.

Crist's office became interested in Volusia on Thursday after the Orlando Sentinel called the Attorney General's Office for a comment.

"We are just going to take an informal look to see what's going on," said JoAnn Carrin, a spokeswoman for Crist's office.

Volusia is thought to be the only county in Florida openly resisting the purchase of touch-screens, the only devices certified in Florida to comply with the new disability rules, which the state requires after July 1 and federal laws require after Jan. 1. Paperless-voting foes are worried, among other things, about the lack of ballots in the event of a recount.

Most Central Florida counties primarily use paper ballots read by optical-scanning tabulators. Most are moving to a system that incorporates optical-scan and touch-screens.

Although touch-screen makers can supply an add-on device that allows votes to be marked on secured, receipt-like rolls of paper, such devices are not currently certified in Florida and therefore cannot be purchased and used by counties.

Told about the Attorney General Office's interest in Volusia, County Chairman Frank Bruno said he "really does believe that Charlie Crist will do the right thing. I want the disabled community to go in there and to be able to vote on their own and I want their votes to be counted."

The state is "negligent," Bruno said, because it has not demanded touch-screen voting machines that will produce ballots to "have some way of having a recount, so I think they're negligent on their end."

Carrin said Crist was traveling Thursday and wasn't consulted about the decision to examine Volusia, but a deputy official who reports directly to Crist approved the move.

"I don't know how we are going to look into it," Carrin said when asked if the Volusia review would involve the new civil-rights-enforcement power. She said first steps will likely involve "initial inquiries" by telephone.

Under the new law, the attorney general may file civil actions for damages, injunctive relief and civil penalties not to exceed $10,000 per violation against a person or a group suspected of engaging in a "pattern or practice of discrimination."

It also allows Crist's office to take action when a person or a group has been "discriminated against" and the "discrimination raises an issue of great public interest," according to the law. Carrin said it has never been used against a government in Florida.