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May 22, 2007 at 07:22:04

Headlined on 5/22/07:
The Real Threat from the Holt Bill as Written

by Nancy Tobi     Page 1 of 3 page(s)

www.opednews.com

 

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The real threat from the Holt Bill as written is that it presents infinite opportunities for litigation challenges and judicial resolution rather than citizen determination our election results and outcomes.

Now for all you activists jumping with glee over the opportunity to sue the pants off your corrupt state and local election officials, bear one single thought in mind: Florida 2000.



This single litigative challenge to an election outcome from a single state threw the nation into chaos and resulted in the Judiciary Branch (about as nonrepresentational a branch as we have) selecting the President. Is this the future you want?

Hold that thought and consider four things now:
1) The testimony of Jill Lavine regarding the time required to count DRE toilet paper trails by hand
2) The results of a Cuyahoga County study regarding error rates in counting toilet paper trails
3) An analysis of the conflicting and impossible mandates combined with the nonsynchronous effective dates of the Holt Bill provisions
4) Another choice different from the false choices of "Holt Bill now or something worse or nothing at all for 2008"

1) Jill Lavine's testimony:
http://www.eac.gov/docs/Transcript%20042006.TXT

My name is Jill LaVine, I'm from Sacramento, California.I'm the Registrar and I have been working in elections for a little over 20 years.... A total of 1,612 valid ballots were counted at the early voting locations. And at this time I believe we were the first jurisdiction in the nation to go out with the voter verified paper audit trail. This experiment was very closely watched and it was controlled under some very controlled conditions. We had experienced people at each staff. We had -- from the vendor at each of the polling places.

The equipment had to meet of course all of the Secretary of State's requirements and our requirements and expectations. At the end of this project, knowing the California code requires that during the canvas of any vote that 1 percent of the precincts chosen at random will be manually recounted to verify the equipment, as part of the canvas, we chose one of the units or one of the polling sites and recounted these ballots.

The precinct we selected had 114 ballots. Because it was possible for a voter from any one of the 246 ballot types in the county to vote at the early sites, it made this recount very difficult and our tally sheet consisted of not just one page but several pages to accommodate all the choices.

We had four teams of two sit at tables with tally sheets to handle all the contests. The paper ballots were held together with large binder clips. Because they varied in length from 11 inches to over 20 inches, they rolled and it was very difficult to handle. I was watching several of the teams. They would put a brick on paper and paper weighted each end of these little curled ballots and start counting, and as soon as it moved or something bumped it, it rolled back up again and they'd be starting all over. The vendor also used a heat sensitive thermal paper that left kind of an icky residue on our recounters' hands, and so they said, can we have some rubber gloves? So those were provided, too.

We allowed provisional voting for this early -- for this ballot project and processing the provisional ballots was a very quick and easy process. We also allowed for write-in votes in this process and that was very quick and easy also, because in one case presentation of the reports made it very easy to count those write-in votes. So knowing that this project was under scrutiny, we verified the number of voters on the machine with the report. We verified the report with the paper record. Then we verified the machine totals with the paper records, so we did several cross checks to make sure we got it all together. And when the counting was all completed we were off by one ballot.

So what we learned is after printing out a report, that a fleeing voter who actually voted who didn't, you know, push the cast button, cast ballot button didn'tproduce a paper record for privacy reasons. So therefore, going back to the report, we found the fleeing voter and then we actually confirmed the number of that voter and we took that activity report and everything came out right.

But it took 127 and a half hours to recount 814 ballots, or approximately an hour and 15 minutes for each ballot.

The number from the machine count did match the paper of votes for the paper ballots exactly. Now, we are very thankful that this project was a November election, because had it been a primary election in California with our eight parties and our three non-partisan crossover opportunities that California allows, I think we'd still be counting. Also the paper audit trail did not print in Spanish, so we recounted in English only. This is before we had any true rules about what a paper audit trail should be and we were kind of stabbing in the dark here.

We were grateful that there were no challenged contests and it was not necessary to count any more than the 114 ballots. Otherwise, there would be significant delays in those election results.

I want you to know that we canceled that RFP and we've learned now with the third time after that.

2) Study on toilet paper trails:

In April 2006, prior to the May 2 primary, the Cuyahoga County Commission contracted with the Election Science Institute (ESI) to conduct a comprehensive review of how their new voting system actually worked on an election day. ESI's report, including the performance of the Diebold Accuvote TSX voting system, was released by the Cuyahoga County Commissioners:

"…members of the manual count team found that 10 percent of the paper ballots were physically compromised in some way."

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Nancy Tobi is cofounder, former Chair, website editor for Democracy for New Hampshire (DFNH), and Chair of the NH Fair Elections Committee. Nancy is the author of numerous articles on election integrity, including "The Gifts of HAVA: Time to Ask for a Refund," "What's Wrong with the Holt Bill," "We're Counting the Votes: An Election Preparedness Kit," and "Hands-on Elections: An Information Handbook for Running Real Elections, Using Real Paper Ballots, Counted by Real People". Her article about election reform fallacies is included in the April 2008 book "Losers Take All" edited by Mark Crispin Miller.

Nancy believes in the principles embodied in our Constitution, and that groups like Election Defense Alliance and DFNH can play a unique role by empowering ordinary people to do extraordinary things.

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5 comments

Lenny Gray was, at one time, a Conservative Libertarian who eventually noticed the "well let them die" attitude that served his Right Wing compatriots as the common answer to the complex problems of the life of communities. He now considers himself a Leftist, where "Left" denotes the interests of the "common man". He's a computer programmer by trade.
lenngrayLenny Gray was, at one time, a Conservative Libertarian who eventually noticed the "well let them die" attitude that served his Right Wing compatriots as the common answer to the complex problems of the life of communities. He now considers himself a Leftist, where "Left" denotes the interests of the "common man". He's a computer programmer by trade.

Machine-printed paper wouldn't be the same situation

 

Althouth the "testimony" is based on the situation where: "The precinct we selected had 114 ballots. Because it was possible for a voter from any one of the 246 ballot types in the county to vote at the early sites, it made this recount very difficult and our tally sheet consisted of not just one page but several pages to accommodate all the choices"

all the paper that came out of a voting-machine's printer would be identical.

 

- Lenny Gray -

 

 

by lenngray (2 articles, 0 quicklinks, 5 diaries, 38 comments) on Tuesday, May 22, 2007 at 1:34:22 PM
 


Election Issues Committee Chairman for the Pinellas County, FL Democratic Executive Committee. I want to put a link to your site on our homepage, and I'm working on getting permission to do so.
GitarChrisElection Issues Committee Chairman for the Pinellas County, FL Democratic Executive Committee. I want to put a link to your site on our homepage, and I'm working on getting permission to do so.

Actual Elections

Holt won't help us. I predicted on Nov. 10th, 2006, that there would never be an honest election again, and that the Republican Far Right would never give up power willingly.  I got down on my knees and prayed that I was wrong, that people would wake up in time and we would go back to tallying elections in the precinct.   My prayers have gone unanswered.  

We have a new law here in Florida, and now the Holt bill is on its way to becoming law. Both laws will allow the party controlling the vote counting systems to steal any election. There are very many proven methods, both simple and convoluted, by which this theft can and will be executed.

We will not have verifiable and honest elections again, until we hand mark paper ballots by hand, count them in public with partisan teams right there in the precinct immediately after the polls close and before the ballot box or ballots are moved from the room. We will not have real elections, after all the above, unless at least four identical master tally sheets (filled in with ink) all signed by the leaders of the counting teams as well as the officer in charge of the polls, are produced. There will need to be a signed copy for each counting team (to take back to their local party organization), one copy for the county and one copy for the press.

We will not have verifiable and honest elections again, after all the above, unless the results from each precinct are sent to a general press pool, and posted all over the Internet, before or at the same time as the county officer overseeing the election receives a copy.

We will not have verifiable and honest elections again, after all the above, unless the disabled (and only the disabled) can use Automark machines, early voting is abolished, and absentee ballots are strictly limited.

We will not have verifiable and honest elections again, after all the above, if we will not hire temporary workers to count the ballots as necessary.  If people give the false argument of the expense, we can find the money by not buying any more voting machines, or maybe getting out of Iraq a day early.

We will not have verifiable and honest elections again, until all the actions and conditions listed above are taken and put in place. Then, and only then, will we have honest elections again.

by GitarChris (0 articles, 0 quicklinks, 0 diaries, 112 comments) on Wednesday, May 23, 2007 at 10:52:21 AM
 


Founder of the NC Coalition for Verified Voting.We passed a law to require VVPB on August 2005 after years of work. NC Coalition for Verified Voting is an all volunteer organization that does not solicit or accept donations.
ncvoterFounder of the NC Coalition for Verified Voting.We passed a law to require VVPB on August 2005 after years of work. NC Coalition for Verified Voting is an all volunteer organization that does not solicit or accept donations.

Dont Want DREs then

if you don't want DRES, don't get them!

HR 811 doesn't require DRES, it discourages them.

If you are great activists, then you should have no problem lobbying your state officials to avoid DRES.

.

Ok, don't pass HR 811, so we can keep those paperless machines in place for 2008. 

by ncvoter (9 articles, 1 quicklinks, 1 diaries, 102 comments) on Tuesday, May 22, 2007 at 5:02:21 PM
 


Founder of the NC Coalition for Verified Voting.We passed a law to require VVPB on August 2005 after years of work. NC Coalition for Verified Voting is an all volunteer organization that does not solicit or accept donations.
ncvoterFounder of the NC Coalition for Verified Voting.We passed a law to require VVPB on August 2005 after years of work. NC Coalition for Verified Voting is an all volunteer organization that does not solicit or accept donations.

PLEASE Read the bill

Some people start out being completely opposed to HR 811 UNTIL THEY READ THE BILL! 

Toilet paper paper trails are BANNED under HR 811. ONLY opscans and ballot marking devices are currently compliant with HR 811. Paperless DRE states will have to buy equipment that meets the standards that are ONLY fulfilled by optical scanners/ballot marking devices in time for the 2008 (Nov) elections. None of the major vendors' DREs can make it through testing and certification with a compliant printer in time because the testing procedures and the labs that carry them out became much, much more rigorous after the handover from NASED this year. A new printer means that the entire system from soup to nuts has to be retested and certified. All the major vendors' DRES contain huge violations of the certification standards. They were certified under NASED because the vendors literally ran the show and the main testing lab was incompetent and unqualified at best.

States with toilet paper DREs have to replace them by 2010 with compliant equipment. Only enough funding is provided to cover 1 opscan and 1 ballot marker per polling place -- not enough to replace DREs with compliant systems if those can even be developed and certified in time for 2010 elections. More -- every polling place will have to have paper ballots (not provisional ballots) on hand to give to any voter who asks, as well as whenever there's a machine breakdown. That means that any jurisdiction that uses DREs will ALSO have to program and print opscan paper ballots as well -- a large expense and a lot of additional programming time.

JURISDICTIONS THAT ALREADY USE OPSCANS (MORE THAN 50% NATIONWIDE)KEEP THOSE MACHINES. THEY DO NOT GET FUNDED TO REPLACE THEM BECAUSE THEY ARE ALREADY COMPLIANT. Even DREs used only for accessibility have to be replaced with ballot marking devices.

EVERYTHING about the bill is geared to making it as difficult as possible to replace DREs with anything BUT opscans and ballot markers. It was impossible to force an outright DRE ban because many, many huge, traditional voting rights, civil rights organizations and disability rights organizations -- organizations that get out the vote for Democrats and whose communities vote Democratic -- were not prepared to totally give up on the possibility that DREs are beneficial in preventing undervotes in minority communities and are easier for disabled and language minority individuals to manage. We all know that they are wrong, but they have not seen any studies to prove it and are relying on academic studies that point to DREs doing well for those communities. They will ultimately come around, but not this year or next. In the meantime, HR 811 gets rid of all paperless DREs by and toilet paper DREs in the country and ensures that EVERY federal election has an individual voter-verified paper record that MUST be audited.

That's a tremendous amount of progress in a country with paperless DREs in place in jurisdictions in 23 states and where several entire states use ONLY paperless DREs. In addition, only 13 states require any type of audit at all, some by machine count. The audit that is required under HR 811 means that every federal election in every state will be audited by handcount of the paper ballots in November 2008 and every election thereafter. The HR 811 audit is much more robust than any state now requires.

It's not perfect, but it is tremendous progress that can prevent a great deal of fraud in 2008 and beyond. It's not everything. It's only the first step, but it is an excellent first step. Meanwhile, the Republican committee leader (ranking member Ehlers) has submitted a competing bill that does NOT require paper at all. That bill won't pass, but it can wreak havoc with the requirements of the bill to the point where compromises might have to be made to get HR 811 passed at all. That's not going to make it more agreeable to any election integrity advocate, and might well prevent us from achieving ANY of the benefits above (and a pile of others) at all.

But don't take my word for it. Please, please, please read the entire bill for yourself and make up your own mind.

by ncvoter (9 articles, 1 quicklinks, 1 diaries, 102 comments) on Tuesday, May 22, 2007 at 8:58:43 PM
 


Born in 1942 in NE Oklahoma, educated and raised in NE California, joined the Navy at 17 and was shipped to Yokosuka, Japan. There I was able to buy all the books that were banned in the USA. Married & divorced twice, AA degree in Lib. Arts. Now disabled w/ COPD, I live in the house that my mother left me and spend a lot of time on the computer and reading.
Chuck GarnerBorn in 1942 in NE Oklahoma, educated and raised in NE California, joined the Navy at 17 and was shipped to Yokosuka, Japan. There I was able to buy all the books that were banned in the USA. Married & divorced twice, AA degree in Lib. Arts. Now disabled w/ COPD, I live in the house that my mother left me and spend a lot of time on the computer and reading.

Precinct-level hand counts are cheaper & more reliable

How you can argue the case for the Republican controlled electronic voting machine industry is beyond me; are you so gullible that you can't see the damage that's been done to our country? You really need to visit the site of a Republican computer expert who makes his living hacking into security systems of companies who pay him to do this. http://www.chuckherrin.com/archive.htm">Hack the Vote, and he also recommends that no computers be used at all in elections. Get a grip- this is too important to be screwing around with. The future of the planet depends on making the most correct decision on this subject.

by Chuck Garner (0 articles, 0 quicklinks, 0 diaries, 118 comments) on Wednesday, May 23, 2007 at 10:56:37 AM
 

 

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