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There is a segment of the "e-voting" activist community who are directly opposing the federal bill, H.R. 811: The Voter Confidence & Increased Accessibility Act.This bill would mandate voter verified paper ballots in all states for 2008, and replace any thermal printers on touchscreens with durable ballots by 2010. Supporters of the bill include the national organizations Common Cause and People for the American Way (PFAW)
Susan Pynchon, of Florida Fair Elections Coalition, writes why she supports HR 811 after just passing a verified voting law in her state. With permission posting in full her letter:
"The spirit of liberty is the spirit which is not too sure it is right."
Learned Hand (1872-1961)
Famed American Judge
Dear Colleagues,
We learned some hard lessons about legislation and about political realities in our fight for paper ballots in Florida. We ended up supporting a truly terrible bill with regressive provisions simply because it gave us paper ballots. We weighed the pros and cons and decided to support it because we felt that paper ballots were necessary in order for future changes to occur. Essentially, all the Florida bill does is introduce the concept of audits, but that in itself is a big step for Florida. Now that "audits" have been introduced as necessary, we will educate our legislators over the upcoming year and fight for better audit provisions in next year's legislative session.
I have read and re-read HR811 in its entirety. Many of the things that people are complaining about can be fixed in the Senate version or fixed next year in the next legislative session, or the year after that. Meanwhile, please allow me to tell you the positive things that I believe HR811 will do for our country (Please correct me if I get any of these wrong):
At the very least, HR811 does the following:
It introduces the concept that audits are important. Audit provisions can be strengthened over time.
It introduces the concept that there are certain times when it is appropriate to examine election-related software and disclose the results of that examination. Better disclosures can be achieved over time.
It requires that all voters be offered the option of voting on a paper ballot. This is a major shift and cannot be underestimated as to its importance.
It clearly states that uncertified voting equipment may not be used in any election.
It provides many protections and guarantees of equality for disabled voters.
It will prevent the introduction of Internet-based voting in any state or by the military. This is also an important preventive measure that should not be underestimated. For example, the Florida Democratic Party is currently exploring internet primaries. This would stop them from pushing for that option, and save us from having to fight against it and other such misguided efforts up the road.
It introduces the concept that wireless technology is not appropriate for elections. These provisions can be strengthened over time.
It addresses secure chain-of-custody and emphasizes the importance of that security. Many Florida counties have non-existent or very poor chain-of-custody, and just the recognition of its importance would be very helpful.
It allows any person aggrieved by a violation of HAVA Sections 301, 302 or 303 to file a complaint with the Attorney General. This is such an important provision.
It allows for the observation of ITA testing (although limited to observation by one person). The observation of testing can be expanded over time.
It requires the ITA to disclose all test protocolsl, results and communications between the ITA and the vendor to the EAC.
It puts a small dent in the opportunity for kickbacks and bribes by preventing direct payment to the ITAs by the manufacturers
It requires the EAC to notify the public as to which ITA conducted testing on which system, immediately at the conclusion of testing.
It requires the EAC to immediately notify Congress, the chief election official in a state, and the public if an ITA is de-certified, re-certified or has evidence of a significant security failure at any ITA.
It funds grants to develop better voting systems.
Of course it is not perfect, but it takes several important steps in the right direction. It also takes some wrong steps, so, yes, we have future battles ahead and more educating to do --
Can any of us guarantgee that it will help more than hurt our country,or vice versa?
Can any of us guarantee how easy or difficult it will be to implement?
Can any of us guarantee the exact effects it will have on our elections?
Can any of us guarantee there will be no unforeseen problems?
The answer to all of the above is probably "no."
I suggest that everyone re-read the latest version of HR811 in its entirety. If you have never read it from beginning to end, then IMHO you have no business commenting on it one way or the other.
If you have read it thoroughly and do have concerns, articulate them clearly and get them to Rush Holt and Diane Feinstein asap. Better still, submit specific revised language to help support your concern. For example, I think it's tragic that any portion of $1 billion may be wasted on DRE technology. But the science is in on DREs and now it's just a matter of time before our legislators realize it. We have a lot more educating to do!!!
Once the majority of legislators realize how terrible these machines are, they'll just have to allocate more money. Is it a waste? Yes. But it's better than what we have now. Because if HR 811 doesn't pass, we may be stuck with paperless DREs and toilet-paper printers for years to come.
As far as HR811 is concerned, I stand with Justice Learned Hand and his quote above -- I'm not too sure I'm right, and this has been a painful process for us all.
Best regards,
Susan
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Susan Pynchon
Florida Fair Elections Coalition
There is a saying about "not letting the best become the enemy of the good" that may be appropriate here.
It is troubling when people work toward similar goals but become enemies over details. The Democratic party, for example, has a reputation for savaging itself internally and wounding its trajectory.
Perfection is not possible, but working towards the good - is.
