New Voting Machines Not Up to Code?

Reporter: Ben Jackey

New Media Producer: Brad Maglinger

For years many, illiterate and some elderly voters have used punch card numbers to vote, because they couldn't read or remember names. That won't be an option during this election. There's some question as to whether it's a violation of Indiana election laws.

What some take for granted, now Rob Kerney can. "This talking computer has helped me out with just day to day life," he says. "Keeping a phone list, writing a grocery list."

Kerney is regaining the independence he lost when he lost his sight. He says, "That's all people with disabilities are asking for is to do the things that other people are able to do."

For the first time, Rob can vote without someone else knowing his choice. The new ivotronic includes audio for the blind, but it's what is not included that's causing a stir.

"We took numbers off the ballots this time, unbeknownst to the candidates, which makes us very irritated because we've done so much to get voters to come out," says Democrat County Councilman Troy Tornatta. "But what do you do about the illiterate voter."

Indiana election code says numbers must be used if the system allows. ES&S says it can be changed with proper notice.

Tornatta says the illiterate and some seniors are being disenfranchised. Some Democrats contend those types of voters tend to vote Democrat and wonder if this wasn't an intentional omission. But County Clerk Marsha Abell claims ignorance of the statute.

"Picking on people because they're illiterate? Absolutely not, I've sat through numerous election board meetings," says Abell. "All three of whom, the other people, are lawyers and I am not one. It never came up. Both the Republican and Democrat Party chairs approved the ballot. No one ever mentioned numbers."

Tornatta, whose council had to approve the money for the voting system, says the issue never came up because he never saw a ballot. Tornatta also says he is just now taking up the issue because he noticed he had not been notified of his punch card number.

"Because they're always late to get the numbers out. They're always late to get the numbers out," says Tornatta. "I sometimes won't find out about my number until a few weeks ahead. So, now is about the time I'm saying, 'What number am I?'"

Abell adds, "At this point, the ivotronics, the touchscreen machines, which we've been looking at for two years without numbers, cannot be reprogrammed three days before we start voting."

Abell says illiterate voters can simply use the audio ballot like Rob. However, even Rob admits changes are needed, again.

"If we can improve it, we need to," Kerney says. "So, let's do it in a mature manner and it in a more civilized manner, because bickering really doesn't accomplish anything."

ES&S contacted election division attorneys Friday to see if the statute was violated. Of course, they say it's not, but the election attorneys in Indianapolis say it will depend on a judge's interpretation. One judge says while it may not constitute a challenge to the election, it could fall under disenfranchisement statutes.