In less than a week, voters in New York City go to the polls to elect a governor, various other state officials and members of Congress. They will find at their polling places the antiquated Shoup 3.2 machines that have been serving the city since 1962. And activists say this is a travesty of justice.

The state was sued in March by the Department of Justice because of its status as worst in the nation in implementing the Help America Vote Act (HAVA).

The lawsuit was filed in the U.S. District Court for the Northern District in Albany. The suit gave the state 30 days to develop a plan for compliance with the law in time for the fall elections. According to reports, the state received $221 million from the feds to replace the state's 20,000 Shoup machines and could lose up to $49 million received for the purchase of new voting machines.

Back in 2001, a witness testifying at a City Council hearing on the city's electoral system called it "a volcano getting ready to erupt," according to the Gotham Gazette. Another witness called for an emergency summit to mobilize forces to fix the system.

"New York's election system is riddled with inefficiencies and disorders that imperil our ability to elect officials in an accurate and fair manner," testified former State Attorney General Robert Abrams, representing the Citizens Union Foundation.

Activists say the system has erupted in 2006, and they are angry and won't take it any more. But election officials and party bosses who control the state's electoral apparatus aren't listening, they claim.

"The legislature failed the residents of New York State regarding HAVA compliance," testified State Senator Liz Krueger (D-26th) on Dec. 20, 2005. Testifying before the NYS Board of Elections, Krueger said, "For over two years, the Legislature dithered while every other state in the union passed legislation addressing HAVA."

Newsday ran an editorial after the lawsuit was announced that was skeptical about the feds timing. The paper said it would be a "fantasy" to think that New York State would be in compliance by primary day.

Bloggers had a field day, charging that the Legislature dragged its feet because "there is no pork for election voting machines." Some observers said that starting in 2005, high-powered lobbyists "who wanted the state to purchase the more expensive machines" "entered the fray."

However, many activists note that maintaining the bad machines works in favor of the status quo.

There is a groundswell of opposition to the election system in New York City, according to Million Workers March national co-coordinator, Brenda Stokely. She and other activists have formed an umbrella group known as 'People United.

"We represent a wide and diverse mix of the activist community in New York City, and we are engaging the electoral system because the status quo isn't working for most New Yorkers," Stokely told the AmNews.

Members of People United are also engaged in the write-in campaign for Councilman Charles Barron in Brooklyn's 10th congressional district and the independent candidacy of Ollie McClean in Brooklyn's 11th congressional district.

"The issue of broken down voting machines has not been addressed by the powers that be," Stokely claimed. But, if you can stay in power, why rock the boat, she said. "They don't want to fix a broken system that keeps them in power," Stokely charged.

She said that activists also realize the need for voting education workshops. "People don't know that they can write in a candidate and that they may do it on the voting machine," Stokley explained.

Then turning to voting machine breakdowns in past elections, the labor activist said, "We received complaints from Fort Greene voters that machines were out of service for the entire day during the September primary, and people refused to vote on the paper ballots because they know their vote won't be counted," she said. Stokely said the same complaints were heard throughout the borough of Brooklyn.

Bertha Lewis of the Working Family Party and executive director of New York ACORN, said those questioning the deliberateness of voting machine breakdowns in communities of color are on point.

"We are absolutely concerned [that] when the voting machines reach our neighborhoods, they break down. This is another form of disenfranchisement," Lewis told the AmNews. "It is absolutely unthinkable that we are about to elect a governor—and of course the importance of mid-term elections for congressional seats—and we are to vote on these same old machines," Lewis stated several times.

A spokesman for Vito Lopez, chairman of the Brooklyn Democratic County Committee, at 16 Court Street, who did not wish to identify himself, said, "By and large, the mechanical machines have functioned rather well, and if they break down, we have technicians to fix them."

The chairpersons of the county organizations appoint those who serve as machine technicians. According to observers, the technicians are strictly political appointees, who do not have the experience to repair the machine.

But the Brooklyn Democratic County spokesperson asserted that those who are calling for the new machines are asking for a rolling of the dice. "Beware of what is behind door number two," he stressed.

Sen. Krueger agreed. She told the AmNews that the state and city Board of Elections find themselves in a catch-22.

"For sure, we need new machines, but I am glad that the state did not run out and just buy any machine to avoid violating the law," she said. While agreeing also with those who say that the old machines break down in communities of color at a disproportionate rate, she noted that the first time she challenged the powerful Republican Sen. Roy Goodman, over 30 machines broke down. "And you know that my district is not overwhelmingly populated by people of color," she said.

"Sometimes the old machines are stuck together by rubber bands and scotch tape, but at least no one can cheat on them," Krueger opined.

If problems do arise, voters must stand their ground, Krueger insisted. "Don't leave the polling place without voting. You can complain to the police officer stationed at your polling place," Krueger said.

John Ravitz, executive director of the NYC Board of Elections, told the AmNews that people should be assured that any vote on a paper ballot would be counted that night along with the tally on the machines. "I would be curious to know where people are getting their data from. We put out 5,050 machines for the primary vote; and only seven had to be replaced," Ravitz stressed.

"We respond to every complaint, and we replace broken machines immediately," Ravitz said. He said that there were 7,500 machines going out for the November 7 general election. "Again, I stress that people should not think that their vote won't count," Ravitz said.