rich 1.0 Action Network https://actionnetwork.org <link href='https://actionnetwork.org/css/style-embed-v3.css' rel='stylesheet' type='text/css' /><script src='https://actionnetwork.org/widgets/v6/letter/protect-our-democracy-pass-the-hybrid-ban-bill?format=js&source=widget'></script><div id='can-letter-area-protect-our-democracy-pass-the-hybrid-ban-bill' style='width: 100%'><!-- this div is the target for our HTML insertion --></div> SMART Elections https://actionnetwork.org/groups/smart-elections-connection-group https://can2-prod.s3.amazonaws.com/letters/photos/000/153/326/normal/NoConsent_ExpressVoteXL.png New York elections face three serious threats at this moment, and the New York State Legislature can take decisive action on all three. On January 28th, the New York State Board of Elections will decide whether to certify the ExpressVote XL, a voting machine experts say is bad (1) and good government groups say will “undermine the security of our elections.” (2) The ExpressVote XL is called a "hybrid" or "all-in-one" voting machine. 1.     It is imperative that the legislature take immediate action by passing legislation to ban "hybrid" or "all-in-one" voting machines. Even if the Board of Elections does not certify the ExpressVote XL on January 28th, the Board could easily vote to certify it at a later meeting. The New York State Legislature must prevent this voting machine and other systems like it from deteriorating our security and our ability to have confidence in our elections. Legislation to ban insecure hybrid or “all-in-one” voting machines in New York has already been introduced. Legislators can co-sponsor and take immediate action on the bill: Assembly Bill A1115 (Paulin) / Senate Bill S309 (Myrie). 2.     Seven disability groups wrote to the NY State Board of Elections opposing certification of the ExpressVote XL. (3) Yet, it could wind up being used another way. On January 28th, the New York State Board of Elections also plans to certify a software “update” of a high-speed scanner called the DS850. This “update” could lead to the use of the ExpressVote XL, because the DS850 “update” is not compatible with one of New York’s current ballot-marking devices, the Automark. This could force counties currently using the Automark to purchase a replacement. ES&S wants the ExpressVote XL to be that replacement. Of the ballot-marking devices available in New York, the Automark is by far the preferred voting machine of voters with disabilities. Legislators must contact the Board, and urge them not to certify the “update” to the DS850 software until it is compatible with the Automark. 3.   The New York State Board of Elections is drastically underfunded. The Board said at their recent meeting, (see minute 3:25:30 of the archived webcast) “We need to have the resources available to administer our elections.” If we want to have confidence in our elections, we must fully fund our bi-partisan election agencies so that they can do their job well. Legislators must take action to speed funding to this essential agency. What’s Wrong with the ExpressVote XL? The ExpressVote XL is a voting machine that combines a printer and a scanner in one system with a shared paper path. This is a bad design, and very dangerous, because it allows the paper ballot to pass under the printhead after it is cast by the voter. According to cybersecurity and voting system expert Kevin Skoglund, “It’s like giving a cast ballot to a person holding a pen.” (4) Research indicates this type of voting machine could be programmed by malware to add, change, or omit votes on the paper ballots.(5) This can impact, not only the tabulation of votes, but also the backup paper ballots themselves. Because of this, security experts say that elections held on these voting machines “cannot be confirmed by audits.” (6) This is a disaster for verifiable elections. The Solution: The “Hybrid” Ban Bill Assembly Bill A1115 (Paulin) / Senate Bill S309 (Myrie) The bill amends election law §7-202 to say that a voting machine or system approved by the state board of elections shall: u. be constructed so that, after the paper ballot is cast by the 15 voter, the voting machine or system never passes the cast ballot under a 16 printer that can print votes onto the ballot, including as a result of 17 unauthorized, malicious and/or faulty software and/or firmware. This bill will address one of security experts' primary concerns about “hybrid” voting machines, namely that the printer and the scanner share the same paper path. If we prevent this type of system from being certified, it will help preserve our current system of hand-marked paper ballots for most voters and ballot-marking devices that follow certain security provisions for voters with disabilities. Please send a letter right now to New York legislators, then share it with your family, friends, and networks. You can send the pre-loaded letter, or write your own. Click the red button (on the bottom right) that says "Start Writing" to quickly send a letter. Anyone can send the letter. New York state has historically been a leader on election security. If New York standards are diminished, other states could be at risk. If high standards are created in New York, other states may follow. Footnotes 1) ES&S voting machine company sends threats, 1/11/21, Princeton Computer Science. Professor Andrew Appel 2) The ExpressVote XL Voting Machine: Bad for New York's Elections, Common Cause/ New York, Jan. 2020. 3) Letter hosted on SMART Elections website 4) Quote from the NY State Board of Elections 1/14/21 meeting (1:28:48) 5) Same as 1. 6) "Ballot-Marking Devices Cannot Assure the Will of the Voters," by Andrew W. Appel, Richard A. DeMillo, and Philip B. Stark. Election Law Journal, vol. 19 no. 3, pp. 432-450, September 2020. Free version. https://actionnetwork.org/letters/protect-our-democracy-pass-the-hybrid-ban-bill