Suit Challenges Board Of Elections Decision On Use Of “Provisional” vs. “Paper” Ballot
Do Virgin Islands voters have the right to use an official paper ballot in the upcoming primary and general elections?
That is the question at the heart of an action filed in local and federal court by former Sen. Adelbert Bryan against John Abramson, Jr, in his role as Supervisor of Elections; the Joint Board of Elections (JBOE); and the Government of the Virgin Islands.
The basis of the action is a decision made in a July 30 JBOE meeting that voters who choose not to use the electronic voting machines must use a “provisional ballot” instead of a traditional secret paper ballot to cast their vote. The decision was made public in a release issued by the Board on August 4. The controversy lies in two areas: definition and process.
A growing number of local voters who distrust electronic voting machines have mounted a campaign to allow eligible voters to use a paper ballot that they would fill out at the polling place, place in a sealed envelope and deposit in a ballot box to register their vote.
The “provisional” ballot on the other hand is defined in the Help America Vote Act (HAVA) as a means for voters whose eligibility is in question to cast a vote that will be counted after his/her eligibility has been verified. It requires that an affidavit certifying eligibility and an application be completed at the polling place in addition to the ballot.
According to the motion, the Board has acted outside of its authority extend the use of the provisional ballot beyond the definition in the law, and that voters whose eligibility is not in question should have the normal “paper ballot” option. It also asserts that a voters’ confidentiality could be compromised through the use of the provisional ballot and that all of the above violate voters’ civil rights.
The motion also questions the legality of the removal of some 6,000 registered voters from the eligible voters list because those voters have not cast a ballot in the past two elections.
Another issue raised by those with election concerns, but not addressed in the motion, is the inability of the Territory’s current electronic machines to provide a paper receipt to a voter once the ballot is cast. HAVA also addresses the issue of the Voter Verified Paper Audit Trail (VVPAT) or Verified Paper Record (VPR). It is intended as an independent verification system for voting machines designed to allow voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction, and to provide a means to audit the stored electronic results.
Proponents for the paper ballot have been vocal on radio programs, and some filed official complaints with the Board following its July 30 decision. Bryan filed his motion for a restraining order on August 17, and asks that the court “prohibit defendant from utilizing and enforcing their decision of July 30, 2010 and August 4, 2010” … and enter an order that would allow eligible voters to utilize “an official paper ballot to be placed in the ballot boxes and counted accordingly.”
With only 18 days until the September 11 primary, swift action is of the essence if any changes are to be executed in time for the election. We will keep you posted on developments on this issue.
Bryan Voter Rights Suit
Help America Vote Act
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Tek dat! Somebody call Jimmy Carter to observe these elections. John deTief Mugabe you and Lorna and Raymond will not steal these elections.
Bert needs to amend his motion in district court to get the VVPAT or this suit is going nowhere. That is the only complaint that would actually have teeth.
Anon@ 9:35
Iwholeheartedly agree. What’s the purpose of the entire effort if there are no checks and balances? What if someone needs a recount, what good will it do if we simply get a reprint of what the software application originally told us? We absolutely need the VVPAT!
Bert’s suit may end up giving only people who ask for a paper ballot that option. Without the specific address to the issue of a voter verifiable paper audit trail everyone else may still be ushered over to the machine. VvPAT is the only thing that will stand up in fed court. If Adam Christian gets the local case henwill throw it out to halpmdeJongh win.
And they do not have time to make the machines compliant, so the paper ballots will prevIl.
Tell Elections you want to write in a name. They have to give you a paper ballot. After that you could check boxes only.
You don’t have to give a reason for wanting a provisional (paper) ballot. You can write in on the machine. Just ask for a provisional ballot – it’s your right as a voter if that’s what you choose.
The voting machine that needs to be implemented is the Optical Scanner. The same voting machine that the VI legislature made a law banning from use in the VI. What a ting. This voting system allows the voters to vote on paper which is then fed into the machine and stored in the bottom of the machine in case a recount is needed. It is the same voting system that was adopted in Florida after the 2000 presidential election. As everyone knows, Florida went through the same problems that the VI is now facing. I truly thought that thus problem was behind us but I guess not.
The board of elections are on the take….too much money flows into their pockets from candidates who want to win…….and then there is Johnny Abrahamson.
We need the Fed’s here to observe the election.
Comment edited by Administrator
Where us the money that HAVA provided the VI Board of elections to come into compliance with a Voter Verifiable Paper Audit Trail? That was enough money for them to upgrade or change the machines. Millions. I guess we will have to get paper in time for the primary. Judge Gomez is as brilliant as he is honest and Adam Christian cannot rule on HAVA.
Federal law doesn’t require any jurisdiction to provide a paper ballot. It only says that if we choose to use a machine that the machine must provide a voter verifiable paper audit trail. I doubt that Elections will be able to upgrade the machines in time, which means that they will have to use paper for this election.
I wish I were able to attend the hearing, but I have a sensitive job. CIF bloggers, if you are available, please go to the court and show support for the fair, secure, and private voting rights for which others have died. This is not a party issue, or a race issue, or a Bert Brian issue. This is a democracy issue
well said.