Sample Resolution

Sample Resolution

For your use. This sample resolution is based on Essex and Washington Counties’ resolutions. Feel free to cut, paste, and tailor this or any of the other resolutions as needed.

WHEREAS, for many decades ___[town, county]________ has successfully used mechanical lever-style voting machines, with very few problems, and is desirous of continuing to do so; and

WHEREAS, New York State enacted the Election Reform and Modernization Act of 2005 (ERMA) and other laws that require all lever machines to be replaced and prohibit  the use of any lever machines in any future elections in New York State; and

WHEREAS, ______________ believes that the continued use of lever-style voting machines is in the best interest of the public and should be permitted to be used in future elections; and

WHEREAS, it is the opinion of this Board that if the State of New York replaces lever voting machines with optical scanner systems, the cost to the taxpayers of (_____________County) will be insurmountable not covered by HAVA funds and the payment thereof will severely strain and possibly break the budgets of all Counties in this time of economic crisis: and

WHEREAS, the expense of the computerized voting systems is exorbitant and will no doubt increase annually and there will be uncertain as to costs and expenses, none of which exists with the current lever machine and BMDs machines; and

WHEREAS, New York State now has a transparent, secure, accurate and reliable electoral system using the lever-style voting machines; and

WHEREAS, the New York State legislation relating to voting machines far exceeds the federal requirements of Help America Vote Act (HAVA); and

WHEREAS, the current movement to electronic means of recording votes requires staff and training that does not currently exist and also requires more expense and labor for processing of the materials associated with an election, and

WHEREAS, fears of violations of the Help America Vote Act (HAVA) are misplaced due to the existence of both lever machines that are capable of access by certain classes of impaired voters as well as the existence of ballot marking devices, and

WHEREAS, (____________________County’s) experience with ballot marking devices shows that the expense of materials preparation and handling during future elections will outweigh the benefits supposedly associated with use of optical scan machines, and

WHEREAS, the (___________________County Board of Supervisors or Legislatures) believes that the mandate to retire working lever voting machines in favor of another system is illustrative of the continued efforts by the State and Federal Governments to solve a problem that does not exist in (___________________ County), and

WHEREAS, this mandated discontinuance of lever voting machines constitutes an unfunded mandate upon (__________ County) and significantly increases the costs of elections to the County’s citizens; now therefore be it

RESOLVED, that the (________County Board of Supervisors or Legislature) hereby calls upon the State of New York and Federal Government to allow for the continued use of lever voting machines for the people of New York State and particularly the County of ________________; and be it further

RESOLVED, that, again, the County calls upon the State and Federal governments to cease and desist form the imposition of unfunded mandates and the creation of “crises” where none actually exist; and it be further

WHEREAS, the State’s statutorily required elimination of lever-style voting machines is unnecessary, inappropriate and costly to( _________________County) taxpayers, and in these difficult economic times, the cost to implement elections with these new machines will not be paid for New York State and is an unfunded mandate, therefore

BE IT RESOLVED that the _________________________________ hereby joins with the New York State Association of Towns and other Counties seeking and supporting the continuation of our lever voting machines together with Ballot Marking Devices (BMD) and rejecting the use of a computerized voting system as the computerized voting system will be a huge expense and undertaking in __________________ during this time of economic uncertainty; and

BE IT FURTHER RESOLVED, that the ______________________________________ hereby requests the New York State Legislature and the New York State Board of Elections to enact laws, rules and regulations as specifically authorized to continue the use of lever-style voting machines; and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to  Governor David Paterson, New York Senate Majority Leader Malcolm A. Smith, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, Senator _______________, Assemblypersons ______________ and ____________, the Executive Directors of the New York State Board of Elections, Todd Valentine and Stanley Zalen, the New York State Board of Election Commissioners, James Walsh, Douglas Kellner, Evelyn Aquila and Gregory Peterson, United States Senators Charles Schumer and Kirsten Gillibrand and United States Members of Congress, __________ ___________________,the New York Association of Towns,  and the Election Transparency Coalition.

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