Crist warns Volusia officials about disabled voters' rights

By Kevin P. Connolly | Orlando Sentinel Posted July 2, 2005

DELAND Attorney General Charlie Crist put Volusia on notice this week that he is keeping a close watch on the county's debate over disability-accessible voting machines.

Crist, Florida's top law-enforcement official, told County Chairman Frank Bruno in a letter dated Thursday that "this office is concerned that the failure of the County Council to approve the purchase of accessible machines will prevent Volusia County voters with disabilities from casting their vote in private."

Crist's letter warns the council about potential election-code violations punishable as first-degree misdemeanors, as well as potential state civil-rights violations, for failing to comply with new accessibility rules.

The letter was prompted by the County Council's 4-3 vote Wednesday against a contract to purchase 210 Diebold Election Systems' touch-screens, which can be equipped with headphones and audio ballots so the visually disabled can vote unassisted.

It marks the latest warning about the rejection of touch-screens. National and local groups for the disabled have threatened to file suit against the county. Elections Supervisor Ann McFall, who supports touch-screens, said she may file court papers as early as Tuesday asking a judge to declare the county in violation.

New laws require disabled voters to have access to at least one disability-accessible voting machine in each polling location for elections after Friday. The next election in Volusia is Oct. 11.

A majority of council members this week sided with activists who have been raising concerns in recent months about buying touch-screens because they don't produce paper ballots.

Only paperless touch-screens are certified for use in Florida to meet the new accessibility rules. McFall had hoped to supplement Volusia's system of paper-based voting with touch-screens to comply with the new rules.

But, in recent months, opposition has been mounting, with pro-paper activists raising concerns about glitches, hackers and the inability to do manual recounts of paper ballots.

"I understand the Council's concern that there are not currently more choices in technology," Crist wrote. "However, the Legislature has provided, and your citizens with disabilities deserve, an opportunity to vote unassisted at the polls."

On Friday, Bruno said he had read the letter from Crist and noted that it didn't contain any surprises.

He said he is working every day on coming up with a possible solution to the county's situation. Bruno said he recently got a quote of $9,000 per unit for a ballot-marking device with touch-screen interface called the AutoMark, which is not yet certified for use in Florida.

The county can't legally buy uncertified equipment. But AutoMark is seeking certification, and Bruno hopes the device will be approved soon.

As for the potential legal challenges facing the county, Bruno noted: "It's our democracy at stake here in Volusia County, so I understand the consequences of my actions."

He said the issue will likely get discussed again at the county's next regular meeting, which is July 7.

Crist said his office will keep an eye on Volusia, which is thought to be the only county to reject a contract for touch-screens.

"This office will continue to monitor the progress of Volusia County in meeting its obligations under state law to ensure that the right to vote be accessible to the county's voters with disabilities," Crist wrote.