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11/04/2008 09:28 PM

Manhattan Voters Take Their Case To Court

By: Ty Chandler

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Some potential voters had more to deal with than just a long wait to cast their ballots Tuesday – first needing to make their case before a judge. NY1's Ty Chandler filed the following report.

When Steve Massere got to his polling site in Greenwich Village, he was told he was an inactive voter.

"It would come back and show I was not a registered voter," recalled Massere.

But Massere says he is. So did actor Tim Robbins, who was also turned away from the polling site that he says he's gone to for the last 12 years.

"The poll worker remembers seeing my name on the list for the primary two months ago, something happened between now and September that removed my name," said Robbins.

Robbins, and Massere, headed to the Board of Elections borough office in Lower Manhattan to make his case before a judge. Only with a court order would he be allowed to return to his polling site to cast a machine ballot.

"I was on 'The Bill Maher Show' a few weeks ago encouraging people not to take paper ballots, and here I was in this position," said Robbins.

Tiffany Desadier voted in the primaries, too, but her name was not on the rolls either.

"There is no legitimate reason," she said. "I guess it's just a mishap."

"Those situations are very rare," said City Board of Elections Commissioner J.C. Polanco. "We have more than five-million voters in New York City, over 70,000 machines, and thousands of poll workers. So, statistically speaking, we should have a lot of problems."

The Board of Elections says the courts are busier than usual this year, but they would rather that voters use provisional ballots – which can take a week or more to be counted. That is not soon enough for these voters who want to be heard on Election Day.

"I want to make sure it counts and I'm willing to invest the time," said Massere.