ELECTION TRANSPARENCY IN MONTEREY COUNTY, CALIFORNIA: A RECIPE FOR COURT ACTION
The June 3rd 2008 election in Monterey County was, in general, an utter failure of election transparency. It was impossible for any observer whether county staff or independent observer to confirm that the election's outcome was proper. There are inadequate controls against both malicious tampering and accidental glitches.
The collapse of transparency was deliberate and systematic, and violated state laws, the certification rules promoted by the California Secretary of State's office and democratic principles in general.
Should these local policies against transparent elections be allowed to stand, elections will remain at risk in this county. Worse, should this elections agency be allowed to get away with observation barriers to the degree documented herein, a precedent will be set allowing other elections offices across the state to misbehave in the same fashion.
Thus, what happens here in Monterey as a result of this election will affect the security of the November general election and all subsequent elections.
BLOW BY BLOW REPORT
Local citizens involved with SAVElections Monterey County (Valerie Lane and Brian Rothenberger) were subjected to harassment and verbal abuse during previous elections. On May 27th 2008 the abuse was ratcheted up – Mr. Rothenberger was first accused of moving a table that was blocking the observation window when in fact one of the staff had done so at Brian's request, and then Brian was falsely accused of pushing an elections official. Note that while they did make this claim and had the Salinas PD escort Mr. Rothenberger out of the building, they did not charge him with anything, likely because of the videotape recording in that location.
Note that Mr. Rothenberger is a very qualified computer tech local to Monterey who has been helping out the Green Party and SAVElections. He has been pointing out technical deficiencies in this elections agency and has consistently been branded a "troublemaker" by the county elections office. The pattern I saw is that any technically qualified person who looks at that agency will be vilified by them.
Ms. Lane contacted the Pima County Democratic Party asking for their advice on election observation. The Pima County Dems party chair (Vince Rabago) put them in touch with me, and Black Box Voting covered travel expenses to Monterey for the observation process.
We first visited the elections office late Friday May 30th and had a brief and cordial visit. We understood that they were in a busy period, we briefly looked over the elections office and introduced ourselves to Joe Ripley. We introduced me along with my background and the purpose of my visit to Monterey County.
On Saturday May 31st we presented letters from the Monterey Green Party declaring myself and Mr. Rothenberger credentialed election observers pursuant to Election Code 15004 to Linda Tulett (Registar of Voters, head elections official):
15004. (a) Each qualified political party may employ, and may have present at the central counting place or places, not more than two representatives to check and review the preparation and operation of the tabulating devices, their programming and testing, and have the representatives in attendance at any or all phases of the election. (b) Any bona fide association of citizens or a media organization may employ, and may have present at the central counting place or places, not more than two representatives to check and review the preparation and operation of the tabulating devices, their programming and testing, and have the representatives in attendance at any or all phases of the election. (c) The county elections official may limit the total number of representatives employed pursuant to subdivision (b) in attendance to no more than 10 by a manner in which each interested bona fide association of citizens or media organization has an equal opportunity to participate. Any representatives employed and in attendance pursuant to subdivision (a) shall not be subject to the limit specified in this subdivision.
We also reviewed the county's locally created "observation policy manual" which had no mention of 15004-type observation.
Don't you think it's time the U.S. matures? Only third world dictatorships have these kind of election management problems. All other Western countries have well established transparent and efficiently run election systems that are conducted with democratic ideals in mind. Do you think such a system is too difficult for the U.S. to handle? Perhaps you should apply to have international observers present to give your elections a semblance of credibility. Whatever you decide I think it is long past the time that you should cease the foolish lies about your being the world's greatest democracy, at least until you can truly certify that you know how to run a fair election.
by
Archie (0 articles, 0 quicklinks, 0 diaries, 1130 comments)
on Saturday, June 7, 2008 at 12:49:20 AM
Archie, Americans believe that their vote IS democracy. That, even if it isn't counted, it is their voice in government. That their ancestors fought and died for their right to vote in rigged elections and not have their votes counted.
The election fraud industry has been documenting election fraud for years. They know the Supreme Court selected Bush, they know it is the highest law of the land from which there is no appeal, and yet they still believe in a totally corrupt justice system and spent lots of time and money seeking justice within the courts.
They know that the only candidates with any chance of "winning" belong to one of two political parties that are both complicit in war crimes, torture, and crimes against humanity, and that both candidates are committed to continuing these atrocities.
But they believe in the America that was founded on genocide and slavery, has intervened militarily in over fifty countries that never attacked or were any threat to us, that our only "national security interests" in those countries were really private business interests, that we have regularly overthrown or assassinated democratically-elected foreign leader and installed fascist dictators more favorable to our business interests, and they believe in the Constitution that does not let them directly vote for or impeach the President or Vice-President, or remove members of Congress. They call that democracy or government by the people, but they know it is a fascist oligarchy and always has been.
Half of Americans don't vote and the other half proudly insists that they will continue to vote even if the only federally approved voting mechanism is a flush toilet, and they will continue to stand guard vigilantly downstream to dry out the toilet paper trail they voted on for use as evidence to support their election fraud careers (they know the courts and Congress won't look at it).
But not all of us. There are a few of us here who intend to put the NO back in NOvember. Anyone interested can send me a message.
--Mark
by
Mark E. Smith (21 articles, 30 quicklinks, 100 diaries, 1325 comments)
on Saturday, June 7, 2008 at 3:07:49 AM
I cannot think of a way to hold an election involving thousands of voters and satisfying the excessively paranoid. There are probably millions of creative ways to rig any election. The advent of electronic methods to vote has compounded the problem because of the lack of technically savvy people to monitor the process.
The monitoring methods being used described by the author to attempt oversight were, frankly, hilarious. Counting wires, taking pictures of screens, etc.??? Any computer system is subject to being hacked from the inside or outside and you won't be able to detect it on menu screens and by checking which wire goes to which computer. All it takes is a savvy 16 year old Republican.
I say Republican because it is a known fact that Democrats, in the history of our country, have never stolen an election. Instead, they go to court, like in Florida in 2000, and get a court made up of Democrats to change the law during the election to agree with their ways to count ballots so that the outcome they prefer is more likely. That is different than stealing an election.
by
Mad Jayhawk (0 articles, 0 quicklinks, 0 diaries, 311 comments)
on Saturday, June 7, 2008 at 9:16:24 AM
Jim March went in specifically with the plan of exercising California Election Law 15004 exam in the least invasive, most minimal way possible, in part to document known obstructiveness in that county. By selecting the simplest possible examination and proving that they would not allow him to do even that -- in explicit violation of California law -- he demonstrated that Monterey County is out of compliance. Not yet published: The very next day, March went to neighboring Santa Cruz County, which allowed him to do every single thing Monterey refused, in addition to treating him cordially and complying with the law. Monterey County has the same system as Santa Cruz. While you are correct that you cannot prove that the technology running the systems is legitimate, when you see procedures and technology that is illegitimate, you darn well can expose it.
Santa Cruz complied with the law, Monterey broke the law. In addition, Monterey had programs installed on the system that are specifically prohibited by California law. While it is not possible to demonstrate that Santa Cruz has legitimate systems, it is possible to demonstrate that Monterey has illegitimate systems, which is the point of this article.
And it's not over yet, for Monterey.
by
Bev Harris (78 articles, 0 quicklinks, 0 diaries, 21 comments)
on Saturday, June 7, 2008 at 1:31:57 PM
Every effort to find and root out election fraud whether perpetuated by Democrats and Republicans is invaluable. During the 2000 fiasco I was shocked at the number of ways punch cards could be manipulated and am sure electronic voting can be rigged as well by determined people.
Why did you choose Monterey County? Have they had problems there before? The voting officials should be more cooperative if it does not compromise security and privacy. Maybe after the election process itself they would be more helpful and explain in detail how they tabulate votes and, more important, certify the results. Election days in most areas are hectic with people's nerves frazzled. They never seem to have enough people to do things. At least in my experience.
by
Mad Jayhawk (0 articles, 0 quicklinks, 0 diaries, 311 comments)
on Saturday, June 7, 2008 at 10:30:59 PM
Actually, there is no excuse whatsoever for Monterey
And the reason for choosing Monterey County is in the first three paragraphs.
As long as citizens bend over backwards to think up possible excuses for election officials who violate the law, we'll have an election system that is undemocratic and easily manipulated. It starts with demanding compliance, refusing to accept the "Oops" excuses that shouldn't be tolerated.
by
Bev Harris (78 articles, 0 quicklinks, 0 diaries, 21 comments)
on Sunday, June 8, 2008 at 10:25:05 AM
IF the so called rules and "Laws" in the USA fall deaf in the ears of the big corporate powers (as well as in the "Supreme" Court), then all these "Laws" are useless.
In other words, if no one is accountable and no legitimate enforcement takes place then it becomes a Banana Republic. This is what the "United" States of America has become.
Case in point, (simple as it may be, but makes for a micro-cosmos of the big picture), but yesterday at the grocery store this jerk went through the "Express-15-items-only" register with at least two hundreds items in his basket and no one told him OFF! while many of us had to go to other lanes because they'd be faster. Unconscionable!
I told the manager on duty - to take that sing down if they were not going to enforce it.
How many people do we see committing (small) infractions like these on a daily basis, and no one gets in trouble? How many politicians do we see committing illegal acts on a daily basis and they all act with such impunity? Not one accountable.
Born and raised in Mexico, I am terribly saddened and disillusioned that the USA are becoming just like Mexico (poverty, unemployment, crime, corruption, energy crisis, currency worth, trade deficit, etc...) I worked for the federal government down there and can smell corruption a thousand miles. I know the mechanics, strategies and tricks of power grab politics. I've been tracking the comparisons between the two "Democracies" for the past twenty years. This is what we have in the US currently and for the past (at least) 8 years in a more blatant way – a Banana Republic.
As one Jew wrote the other day... not all Jews are bad, not all Muslims are bad, not all Christians are bad. There are liberal Jews and there are "Republican" Jews – and these are the ones screwing up the whole world.
Extremist right wingers (USA, Israel, Mexico, Colombia, Pakistan, Myanmar, etc...) are never concerned with "Democracy" only in the bottom line,
POWER – CONTROL- GREED – PROFIT
Elections?.... who cares.
by
Frank gr (1 articles, 0 quicklinks, 1 diaries, 48 comments)
on Sunday, June 8, 2008 at 1:46:44 PM
7 comments
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