Verified Voting Blog: Report on New York Voting System Pilot

Testimony on the voting machine pilot I gave at the New York State Senate Election Committee’s hearing on November 30, 2009. Full submitted testimony is posted here.

New York State was wise to do a pilot of our new voting systems. It provides an opportunity to work out the kinks in new systems and the procedures for managing them, allows us to learn from the inevitable mistakes, and to apply what we learn in the future. In my opinion, New York’s just concluded pilot was extremely valuable and revealed some important areas that need improvement. Certainly, privacy and ballot design issues often came up. However, given my limited speaking time I will submit comments on those two issues with my written testimony. Today I will discuss another pilot experience from which important lessons can be learned – the failure of some of the new voting machines and how New York can benefit from this failure.

Questions Raised in NY-23 Congressional Race
The NY-23 Congressional race had national attention, with 9 of 47 pilot counties holding elections in this race. Despite assurances from vendors, some of the new machines were inoperable on Election Day. In cases where machines failed, paper ballots were treated according to New York State emergency ballot rules, assuring that all votes were counted. Indeed, this is the great strength of New York’s new voting system – it ultimately relies on the marked paper ballot which contains a software independent record of voter intent.

The Voting News Daily: Gouverneur Times vs NYS Board of Elections, Arkansas paper ballot battle, Voter Verified Inc?

Benton county citizens fight to keep their paper ballots….A new Florida corporation calling itself “Voter Verified Inc” files patent infringement against ES&S (and Diebold/Premier)…Bloomberg Spent $102 Million to Win 3rd Term yet won by fewer than 5 percent points…Complaint filed with Westchester County NY Board of Elections when two candidates names were missing from ballot at one of the polling sites…”FACT CHECK: Gouverneur Times vs. NYS Board of Elections”….

For some in military, power of vote now guaranteed…Franklin County PA used a central count scanner to do a recount, and says that it proved the precinct count to be accurate….

Philippine Elections and Murder Inc: “Elections in the Philippines are historically and perennially — they’re always violent — they only vary in degrees, for instance in the number of people killed every election period,” he said. “It has always been a problem for the Philippines, particularly in Maguindanao.”

AR: PUBLIC VIEWPOINT: Don’t Throw Away Paper Ballots
November 27, 2009 …Benton County proposes to be all-electronic, trusting our entire election to electronic voting machines that have documented vulnerabilities. In fact, counties across the country are scrapping these machines. Either the Election Commission knows something most of the country does not know, or they are way behind the curve.
http://smn.nwanews.com/news/2009/nov/27/public-viewpoint-dont-throw-away-paper-ba-20091127/

Optical Scan cheaper to own and operate, see
Voting System Cost Studies and Reports
http://www.votersunite.org/info/CostStudies.asp

States rush to dump touch-screen voting systems
States are increasingly abandoning touchscreen voting, scrapping multimillion-dollar systems purchased since 2000.
Arstechnica. August 20, 2008 It’s a good time to pick up an electronic voting machine on the cheap—provided you’re not a stickler for things like “accuracy” or “security.” States are scrapping tens of thousands of pricey touchscreen systems in response to mounting concerns about the machines’ reliability.
http://arstechnica.com/tech-policy/news/2008/08/states-rush-to-dump-touchscreen-voting-systems.ars

CA: City unveils improved election Web site
VoteSantaClarita.com provides voter essentials in English and Spanish
…VoteSantaClarita.com includes links with information on how to register to vote, how to vote by mail as well as an interactive form that shows voters their nearest polling place…
http://www.the-signal.com/news/article/21239/

FL: Voter Verified, Inc. v. Election Systems & Software, Inc.
RFC Case Number: P-V09-1969E
Court Case Number: 6:09-cv-01969-ACC-GJK
File Date: Thursday, November 19, 2009
Plaintiff: Voter Verified, Inc.
Plaintiff Counsel: Anthony I. Provitola of Anthony I. Provitola, PA
Defendant: Election Systems & Software, Inc.
Cause: 35:271 Patent Infringement
11/19/2009 1 COMPLAINT against Election Systems & Software, Inc. with Jury Demand (Filing fee $ 350 receipt number 32920), filed by Voter Verified, Inc. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(LAM) (Entered: 11/20/2009)
11/19/2009 Summons issued as to Election Systems & Software, Inc. (LAM) (Entered: 11/20/2009)
http://www.rfcexpress.com/lawsuit.asp?id=52130

Voter Verified, Inc. v. Premier Election Solutions, Inc. et al
RFC Case Number: P-V09-1968P
Court Case Number: 6:09-cv-01968-PCF-KRS
File Date: Thursday, November 19, 2009
Cause: 35:271 Patent Infringement
11/19/2009 1 COMPLAINT against Premier Election Solutions, Inc., Diebold, Incorporated with Jury Demand (Filing fee $ 350 receipt number 32919) filed by Voter Verified, Inc. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet)(LAK) (Entered: 11/20/2009)
http://www.rfcexpress.com/lawsuit.asp?id=52129

Florida Profit Corporation
VOTER VERIFIED, INC.

The Voting News Daily: Impossible Numbers Certified in NY-23? Florida SOS says trust us, blue ink suddenly ok, Internet voting creeps up in Canada

Reporting Error about election audits in Westport CT news story……Illinois petition challenge process must go… Voter turnout in VA Governor’s race went up in 2009…

Impossible Numbers Certified in NY-23 says Richard Hayes Phillips, Ph.D. an election fraud investigator. Phillips is known for his book, “Witness to a Crime: A Citizens’ Audit of an American Election” and lives in St. Lawrence County, NY…

Canada’s election integrity erodes as more towns adopt internet, phone or mail balloting….Violence in Elections: Suspect in Philippine Election Massacre Surrenders… The International Criminal Court seeks investigation into Kenya’s 2007 post-election violence that brought Kenya to the brink of civil war….

CA: Soapbox: Monterey County election has been certified, and here’s how
November 24, 2009…The day after the election, the department reported that 8,500 vote-by-mail, provisional and damaged ballots cast and received by the close of polls on Election Day remained. Now what? Let the “official canvass” begin
http://www.thecalifornian.com/article/20091124/OPINION04/911240301/1014/OPINION

CT: Reporting Error In Westport News Story
Story in Westport News: Audit ensures election accuracy

The State, as far as we know, does not observe the local audits and bases all of its reports on data supplied from the registrars and investigations not open to the public. With perhaps 130 audit observations to date, our observers have never reported the presence of an observer from the State:

We believe the audits are a small. critical, incremental investment. The statewide cost of audits represents less than 10% of the costs of printing the paper ballots. We estimate $72,000 in Nov 2008 for local audit activities vs. more than $750,000 for ballots in that election. Both of these costs are small when compared to the total costs of conducing elections, not to mention the risk to democracy if the voters intentions are not consistently realized in the official election results.
http://www.ctvoterscount.org/?p=2638

FL: Ensuring smooth state elections
By KURT S. BROWNING Guest Columnist
Thursday, November 26, 2009
“While we continue to encourage election-equipment vendors to search for ways to improve or enhance their voting equipment, let me be clear: The current equipment performs as it should –with blue or black ink.”
http://www.heraldtribune.com/article/20091126/COLUMNIST/911261041/2127?Title=Ensuring-smooth-state-elections

IL: Illinois Challenge Process Must Go
This week, Free and Equal, Inc. has been working overtime in Chicago, defending candidates of all three recognized parties in Illinois from challenges to knock them off the ballot.

Illinois’ challenge process is inherently corrupt. Its only purpose is to rob the voters of their choices on Election Day. Naturally, the process favors the rich and powerful and places citizen candidates, regardless of party, at an undemocratic disadvantage.
https://www.freeandequal.org/2009/11/illinois-challenge-process-must-go/

NJ: Dalina seeks recount due to 31-vote margin
Hearing set for Dec. 3 in state Superior Court
With vote tallies indicating that he lost by a margin of less than 1 percent, Monroe Township Council candidate Stephen Dalina has filed for a recount of votes in the Ward 3 election.
http://ebs.gmnews.com/news/2009/1126/front_page/002.html

NY: Impossible Numbers Certified in NY-23 *
…Fundamentally, the fault does not lie with the Board of Elections, although perhaps they should have noticed the negative numbers before certifying them.

The Voting News Daily: Aspen voters-don’t ask questons! IL:Undervote lawsuit filed, NC BCBS campaign triggers probe

Giving thanks and a great tribute: A reader/activist writes that although John Gideon is no longer with us, his work continues to make a difference today –
“John Gideon continues to battle on through his Daily Voting News legacy. What a resource he’s left people everywhere who need the information required to work on attempting to save their votes. I can’t tell you the number of people he’s assisted in my state just by having DVN handy to reference.” Lisa Burks, Founder, National Coalition of Verified Voting AR Headquarters.

Ellen Theisen at Voters Unite continues to update a database of voting problems and news articles.

“Don’t ask, don’t think; trust us”
~Harvie Branscomb about Aspen Colorado’s shameful efforts to keep the election process closed to the public and the McCarthy-style tactics used against local voting activists….

Hans von Spakovsky: Bob Bauer Wants To Criminalize Talk About Voter Fraud…
Something good! It is good to see reports of post election audits, something almost unheard of several years ago…The Champaign County Clerk of Illinois has filed a lawsuit challenging the constitutionality of the undervote notification in Champaign County Circuit Court…
…NC Lawmakers join call for Blue Cross probe of anonymous robo calls, political campaigning, ethics issues…We wish all voting news readers a safe and happy Thanksgiving…

All this and more in today’s voting news below….

CO: Don’t ask, don’t think; trust us
Dear Editor:

Message from: The city
To: Our citizens

1) Don’t ask to see any copies of your anonymous ballots — something about them is just too dangerous for the public to handle — we will keep them briefly and destroy all copies for you…
http://www.aspentimes.com/article/20091125/LETTER

/911259992/1020&ParentProfile=1058
or use this http://twi.cc/FWnM

CO: Should the city of Aspen release the ballots from the spring City Council election to anyone who wants to see them? (scroll poll 2/3 way down the page)
http://www.aspentimes.com/

CT: Audit ensures election accuracy
11/25/2009 Westport’s elected officials have already been sworn into office, but the results of the Nov. 3 election had yet to be put to rest until Friday evening
http://www.westport-news.com/ci_13862874

IL: Champaign County Clerk. lawsuit challenging the constitutionality of the undervote notification in Champaign County Circuit Court
http://blog.champaigncountyclerk.com/2009/11/24/undervote-lawsuit-filed/

MO: Fighting corrpution like fighting H1N1? (campaign finance)
November 25, 2009
http://politicalactivitylaw.com/?p=6480

NC: Lawmakers join call for Blue Cross probe (anonymous robo calls, non profit campaigning, ethics issues)
November 24, 2009
http://projects.newsobserver.com/under_the_dome/lawmakers

_join_call_for_blue_cross_probe
or use this http://twi.cc/z2El
[it may not be against the law for BCBS to engage in campaigning, but many issues call for investigation]

NC: Twenty state lawmakers have signed a letter calling for an investigation into a campaign by Blue Cross and Blue Shield of N.C. (actual letter)
“…Further, given BlueCross BlueShield of North Carolina’s status as a not-for-profit with a share of 96.8% in our individual insurance market built on over 60 years of preferred tax exemptions, we are concerned as a matter of public policy and ethical business practices that they have inappropriately engaged in political advocacy. As a corporation that claims to deliver innovative health care products and services to its members, BlueCross BlueShield appears to be engaging in a blatant political campaign utilizing the premiums paid by their customers.”

The Voting News Daily: NJ Sequoia counties no recourse, PA mostly digital recount to cost $1.3 mill, Philippines election related massacre

New Jersey needs a lemon law for voting machines: Counties that purchased voting machines from Sequoia Voting Systems, which provides the majority of voting systems in the state, in many cases entered into contracts that leave them little recourse if the machines malfunction or require repairs, according to a report issued today by New Jersey Public Advocate Ronald K. Chen…

As Aspen Colorado backs away from election transparency, they suddenly remember their election commission wasn’t properly appointed and new commission must be appointed. Will that be a bi-partisan commission?…Costly waste of time department: It will cost Pennsylvania $1.3 million to do a recount, much of it on paperless voting machines. Guess the losing candidate hasn’t heard about GIGO, Garbage in, Garbage Out….ACORN has flaws, but: Have the Media ‘Falsely Framed’ ACORN?…

Philippines declares state of emergency after brutal election related massacre..

All this and more in today’s voting news below…

AR: Paper Ballots Will Be Available To Benton County Voters
November 24, 2009 BENTONVILLE — Paper ballots will be available to anyone who wishes to use one during the 2010 elections.

Last week, Bill Williams, chairman of the Benton County Election Commission, said that the commission hoped to have 100 percent electronic voting by 2012’s elections with the exception of provisional and absentee ballots.
http://www.nwanews.com/news/2009/nov/24/paper-ballots-will-be-available-benton-county-vote/

AZ: City staff eye potential savings of all mail-in ballot election
November 22, 2009 BULLHEAD CITY – During Thursday’s two-hour Bullhead City council retreat, City Clerk Diane Heilmann presented a report on the cost comparison of a traditional city election versus an all mail-in ballot election

Heilmann’s study indicates an all mail-in ballot election would be less labor-intensive. Mohave County Elections Director Allen Tempert would continue to need people to open the ballots, prepare them for the tally machine “and he still needs to adhere to the testing and reporting legislation,” the report states.
http://www.mohavedailynews.com/articles/2009/11/23/news/local/local3.txt

CO: Council moves to appoint new election commission
November 24, 2009 http://www.aspendailynews.com/section/home/137748

NJ: Public Advocate releases review of voting machine contracts
11/24/09 TRENTON — Counties that purchased voting machines from Sequoia Voting Systems, which provides the majority of voting systems in the state, in many cases entered into contracts that leave them little recourse if the machines malfunction or require repairs, according to a report issued today by New Jersey Public Advocate Ronald K. Chen.

Read Report: The Purchase of Voting Systems in New Jersey: How Government Can Better Protect Taxpayer Rights and Voting Security
http://www.state.nj.us/publicadvocate/news/2009/approved/

091124_dpa_review_of_voting_machine_contracts.html
or use this http://twi.cc/REL7

NY: Hoffman considering challenge in NY-23
Nov 24, 2009 – Conservative Party candidate Douglas L. Hoffman passed his self-appointed deadline Monday without declaring whether he’d challenge results in the 23rd Congressional District race. Robert H. Ryan, Mr. Hoffman’s spokesman, said the candidate would announce his decision today. He would not say what Mr. Hoffman’s intentions were. Jude Seymour, Watertown Daily Times.
http://www.watertowndailytimes.com/article/20091124/NEWS03/311249966

NV: Former ACORN official in Las Vegas gets probation
LAS VEGAS — A former Las Vegas supervisor for the political advocacy group ACORN was sentenced Monday to up to three years’ probation for his role in a plan to pay canvassers to register Nevada voters during last year’s presidential campaign.

The Voting News Daily: NY-23 election questions, Benton AR flirts with election disaster, E-vote secrecy hack

NY-23 E-Vote Failures Merit Full Hand-Count in Response, An update to the reports of an e-voting ‘virus’, and other failures, in New York’s recent Special Election for the U.S. House…New Yorks CD-23 had a source code bug not virus, but questions remain…Hoffman to Decide About N.Y. 23 Challenge This Weekend…

HAVA chuckle in Nassau County, New York? A total of 17 votes were cast on $3.5 million worth of disabled accessible voting machines…

Aspen Colorado officials still not ready to make ballot image files public…Luther Weeks describes a breach of chain of custody in a Haddam, CT election…
North Carolina GOP contests Clay Aiken vote…VOOGLE: From Idea To Reality, Virginia Poling Place Information Gadget!…

International: Brazilian Breaks Secrecy of Brazil’s E-Voting Machines With Van Eck Phreaking…Concerns about India’s paperless e-voting and push for biometric ID…21 dead in bloodiest pre-election violence in Maguindanao, Mindanao…

AR: COMMENTARY: County Flirts With Disaster
Benton County is seriously considering going to all-electronic voting. At least their election commission chairman is.

This is a particularly terrible idea at a uniquely awful time.

37 percent of the county’s voters demanded paper ballots in the last election.

I’m sure the fiasco in 2006 contributed to that. I’m also sure, however, that long lines to the machines contributed to that too. Voting on paper was simply faster during the peak times.

I hate to see the issue of filling a legitimate need for moremachines get tangled up in what now could be perceived as a referendum on paperless voting.
http://rmn.nwanews.com/news/2009/nov/22/commentary-county-flirts-disaster-20091122/

AR: Paper option needed
November 21, 2009. LITTLE ROCK — I sense a bipartisan storm brewin’ in Benton County as election commissioners urge county government to save money by virtually abandoning paper ballots.

They favor purchasing an additional 200 used electronic voting machines for $360,000, but there appear to be both Democrats and Republicans who aren’t too keen on trusting the outcome of elections solely to electronic machines without also having the familiar and verifiable paper ballots.

This sort of thing just looks suspicious in a system that must rely on credibility, and no doubt it fuels debate with those who place their trust in paper ballots. In Benton County, that’s apparently no small number. No fewer than 37 of every 100 Benton County voters in the 2008 general election used paper ballots. I’d say it was a big mistake morally and politically to basically deny nearly four our of every 10 voters their voting preference to save an estimated (and debatable) $95,000.

If I were on the Quorum Court and was working with a new, well-intentioned but relatively inexperienced election commission, I’d be wanting to see proven facts about how much money would actually be saved by abandoning paper ballots and purchasing hundreds of used machines. Then I’d be weighing that estimate against the public’s will and desire.
http://adg.nwanews.com/news/2009/nov/21/paper-option-needed-20091121/

CA: November 3rd election, scanning in progress
Humboldt County Election Transparency Project
We’ve started scanning ballots from the November 3rd election. Due to the horribly light turnout, we’re almost done.

The Voting News Daily: FCC considers Internet Voting, WV oks internet voting for military, NY Voting Machines had bug not virus

The biggest threat to democracy quietly sneaks forward: The FCC seeks public comment on internet elections by Dec. 10 of this year… Clearly the e-voting movement is not keeping up. Problems with voting machines pale compared to the risks of internet voting. Voting online is not secure and is not secret according to many tech experts…Meanwhile, West Virginia just passed a law allowing online voting for military, it goes to the governor to be signed…

“Voting is not a commodity or industry, it’s a democratic right…Anti-trust officials must stop this monopolization of America’s most basic democratic process. More fundamentally, though, we must restore full public ownership and management of our voting systems.”~Jim Hightower…This should be true everywhere: “Registration of voters should never be seen as a political act.” – European Commission Head of Delegation to Zambia…

There is good news and bad news about New York’s voting systems. The problems with some New York voting machines were not due to a virus, as reported yesterday by the Gouverneur Times, but were due to a flaw/bug in the source code. The problem was not caused by election workers but by the voting vendor. The good news is that there are paper ballots. But the bad news is that elections are still being used as beta tests for voting vendors. We all know there is no perfect voting system but is it too much to ask that these voting systems work correctly? Bo Lipari has a write up on his blog and we have a press release from the New York State Board of Elections…In Utah New ID Check-In scans your drivers license….

All this and much more in today’s voting news below…

IL: Undervotes and the AccuVote
Champaign County Clerk under Elections. The formerly Diebold, formerly Premier, now ES&S Accu-Vote ballot tabulation system is under the gun to meet the state standards for rejecting undervotes. (We do not use the Accu-Vote) At the State Board of Elections meeting yesterday we learned that their first go around on testing failed, and now they are making programming changes and retesting.
http://blog.champaigncountyclerk.com/2009/11/18/undervotes-and-the-accuvote/

IL: Illinois Newspaper Story on Challenge to Green Party U.S. House Candidate in 14th District
November 20th, 2009 The Daily Herald, a newspaper in Arlington Heights, Illinois, has this article about a Democratic Party-connected challenge to the Green Party’s candidate for U.S. House in the 14th district.
http://www.ballot-access.org/2009/11/20/illinois-newspaper-story-on-challenge-to-green-party-u-s-house-candidate-in-14th-district/

MA: BREAKING NEWS: Vote-Rigging Alleged in UC Presidential Election
November 19, 2009 In an unprecedented reversal following allegations of fraud and vote-tampering, the Undergraduate Council Election Commission decided to “de-certify” the results of the presidential election released today, pending further notice.
http://www.thecrimson.com/article/2009/11/19/11-bowman-votes-seiler/

MN: Kummer wins Park Board seat without a majority
Candidate is first under ranked-choice voting to be elected without support from a majority of voters.
November 19, 2009 …Incumbent Kummer amassed 46 percent of the vote to almost 42 percent for Jason Stone in a replay of their 2005 finish. Her election without a majority occurred because 957 ballots, or 12 percent of those cast, were exhausted.

Verified Voting Blog: No Voting Machine Virus in New York-23 Election

Erroneous reports are circulating that a virus caused a problem in the scanners used in the NY-23 Congressional race. The reports, based on an inaccurate article published in the Gouverneur Times, are incorrect. There was no virus in the NY-23 machines. How do I know? Well, in the first place, the Dominion ImageCast scanners in question run the Linux operating system, which is nearly immune to viruses due to its inherent ability to lock out programs that lack explicit permission to run, unlike the highly vulnerable Windows operating system. Second, the State Board of Elections gave an account of the problem at their public meeting on November 10, and which I confirmed in a phone conversation with staff earlier this week. Here’s what really happened:

Let’s be clear. While no votes were lost due the ability to independently count the paper ballots, a problem did occur that affected certain machines around the state. The issue was a bug in the Dominion source code that caused the machine to hang while creating ballot images for certain vote combinations in multiple candidate elections (the ImageCast, like the other scanner used in New York, the ES&S DS200, creates digital images of each ballot which can be reviewed after the election). So if, for example, a “vote for three candidates out of five” race was voted in a certain way, the scanner would hang. This is one reason why the defect affected some, but not all machines with ballots containing this type of race, because only certain combinations of votes caused the memory problem. But here’s the thing – the problem was discovered before the election.

The Voting News Daily: Virus in NY voting machines, Myrtle SC’s missing 260 votes found, ACORN ?

Hot story today: VIRUS found in the VOTING MACHINES Tainted Results in NY-23…Myrtle Beach’s missing 260 votes “found” when “correct” memory card put into machine to gather votes, voters will just have to trust the delayed digital count since there are no paper ballots – does that inspire confidence?…Benton County Arkansas officials do their citizens a disservice by proposing to ditch paper ballot voting systems, the officials claim this will save money, but cost studies show otherwise! Arkansas has a paper ballot law that grandfathered paperless voting in some counties….Indiana County PA officials are “irked” that they had to do a real recount and not just read off the voting machine tape like PA’s paperless counties do…PPP survey finds that 52% of GOP believe Acorn stole the election for President Obama…Readers, we apologize that for two days in a row feedburner did not send you the voting news. You can find those missing editions at http://votingnews.blogspot.com/ and we are working on a backup plan to avoid this happening again….

All this and more in today’s voting news below….

AR: Paper Voting Ballots Could Be A Thing Of The Past
Election Commission Looks To Make Changes
November 19, 2009. Should the Benton County Quorum Court approve the expenditure of $360,000 for the Election Commission to purchase 200 new electronic voting machines, paper ballots could soon be a thing of the past.

“Right now, it is an idea that is open for discussion,” Bill Williams, chairman of the election commission, said.
http://www.nwanews.com/news/2009/nov/19/paper-voting-ballots-could-be-thing-past/

Paper ballot voting cost less than all electronic voting
Voting System Cost Studies and Reports
http://www.votersunite.org/info/CostStudies.asp

NY: VIRUS in the VOTING MACHINES: Tainted Results in NY-23
GOUVERNEUR, NY – The computerized voting machines used by many voters in the 23rd district had a computer virus – tainting the results, not just from those machines known to have been infected, but casting doubt on the accuracy of counts retrieved from any of the machines.

Cathleen Rogers, the Democratic Elections Commissioner in Hamilton County stated that they discovered a problem with their voting machines the week prior to the election and that the “virus” was fixed by a Technical Support representative from Dominion, the manufacturer. The Dominion/Sequoia Voting Systems representative “reprogrammed” their machines in time for them to use in the Nov. 3rd Special Election. None of the machines (from the same manufacturer) used in the other counties within the 23rd district were looked at nor were they recertified after the “reprogramming” that occurred in Hamilton County

At least one County official thus far has raised concern that it’s possible that ALL of the machines used in the NY-23 election had the ‘virus’ but only a few malfunctioned as a result. The counts from any district that used the ImageCast machines are suspect due to “the virus” discovered in Hamilton County, last-minute “reprogramming” by Dominion workers, and security flaws in the systems themselves. A manual paper-ballot recount of the vote could resolve computer vote accuracy questions.

http://www.gouverneurtimes.com/index.php?option=com_content&view=article&id=8144:virus-in-the-voting-machines-tainted-results-in-ny-23&catid=60:st-lawrence-news&Itemid=175

PA: Vote recount irks commissioner; tallies remain virtually unchanged
November 19, 2009 The recount Wednesday of Indiana County votes for Pennsylvania Superior Court judges resulted in no change in the total for one candidate, and changes ranging from one to six votes for other candidates.

The Voting News Daily: Myrtle Beach missing 260 votes, Ohio voter rolls in disarray, Phantom districts

Our apologies if you did not receive a Voting News yesterday, there was a problem with our feedburner delivery… 260 votes lost or uncounted in a Myrtle Beach SC muni runoff election…Lackawanna PA will use a machine to recount its other failed machine count. Which machine count would you trust?….Phantom congressional districts get stimulus money…In Iran 5 Post Election Protesters Sentenced to Death…Congratulations: Citizens for Election Integrity Minnesota Celebrates its 5th Anniversary!…Bob Fitrakis reports: On voter registration, the Columbus Dispatch gets it right, almost…
Retail Fraud – A Stitch In Time Could Save Democracy, Luther Weeks writes about absentee ballot fraud and disenfranchisement…Judge orders recount in Rutherford NJ squeaker…
Project Vote Releases New Report on Composition of the 2008 Electorate …We used to look to Canada for accurate and transparent elections, but that is at risk now as more Canadian municipalities adopt internet voting…

All of this and more in today’s voting news below…

Voting News for November 17 (if you missed it)
Public Opinion and Election law shocker, NY 26 absentee ballots, Acorn -Bill of Attainder
http://votingnews.blogspot.com/2009/11/public-opinion-and-election-law-shocker.html

CT: Chain-Of-Custody Education In Haddam
November 18, 2009…Unfortunately, in Connecticut, election laws, regulations, procedures and common sense are often not followed. The Coalition Post-Election Audit Reports have documented many lapses in procedures, including the chain-of-custody. It is quite possible that in this case there was a violation of state law subject to enforcement, as the registrar points out
http://www.ctvoterscount.org/?p=2603

CT: Retail Fraud – A Stitch In Time Could Save Democracy
November 15, 2009. There is no agreement on the demarcation between retail vote fraud and wholesale vote fraud. In general retail fraud represents fraud that involves individual voters and individual votes, while wholesale fraud would represent fraud an a large scale by insiders or hackers.
http://www.ctvoterscount.org/?p=2595

MA: Massachusetts Military and Overseas Voters, Submit the Federal Write-In Absentee Ballot (FWAB) NOW for the December 8, 2009 Special Primary
On Tuesday, December 8, 2009, Massachusetts will hold a special primary election to fill the vacancy left as a result of the passing of Senator Edward M. Kennedy. A special State election will follow on Tuesday, January 19, 2010.

Massachusetts jurisdictions are currently express mailing ballots to military and overseas voters.
http://www.fvap.gov/global/news/nr17-2009.html

MA: MassVOTE on Boston’s phantom precinct
…This phantom precinct, made up of Boston’s Harbor Islands, where no ballots have been cast in the last four elections, is a quirk of the city’s intricate electoral landscape, which because of an obscure legal exemption has not been redrawn in almost a century.

“This one little voting place is so out of whack that it is an indication that all the precincts in Boston are in need of adjustment,’’ said Avi Green, executive director of MassVOTE
http://nonprofitvote.blogspot.com/2009/11/boston-globe-massvote-on-bostons.html

MN: Citizens for Election Integrity Minnesota Celebrates its 5th Anniversary!
http://www.ceimn.org/citizens_election_integrity_minnesota_
celebrates_its_5th_anniversary_0
or use this http://twi.cc/Szjl

NC: Kinston rejects nonpartisan appeal despite pleas from residents
November 17, 2009 KINSTON — Despite a series of passionate pleas from local residents and political activists, the Kinston City Council voted 3-2 Monday against appealing the U.S.

The Voting News Daily: Public Opinion and Election law shocker, NY 26 absentee ballots, Acorn -Bill of Attainder

A national survey of the public’s attitudes towards basic voting rights would shock the activist community – the poll shows majority support (55%) for literacy tests…
Was Acorn defunding and “bill of attainder…an example of class warfare?”…
The University of Connecticut’s analysis of the state’s 2008 post election audit is out…NY 23 can Doug Hoffman un-concede?…its a short news day but we will catch up tomorrow, if you think we missed something please email us as ncvoter(at)gmail.com…

All this and more in today’s voting news below

AK: Court ruling reverses Haines election (decision on approved write-ins)
Nov 16, 2009 Five forlorn questioned ballots have been counted, and Haines has a new borough assemblyman.

Judge Patricia Collins’ decision to accept the five ballots means write-in candidate Daymond Hoffman has bounced from losing the election to Gary Lidholm by two votes to winning by three. The ballots in question included two votes for “D. Hoffman,” one for “Hoffman,” and two absentee ballots that arrived without postmarks.
http://www.alaskadispatch.com/news/politics/2935-court-ruling-reverses-haines-election

CA: Lawyer Who Wrote Voting Law Sues & Collects, as Gov’t Officials Steam Over $4.3M Won
Nov 16, 2009. Only one legal group in California is suing to enforce the state’s unique voting rights law. And a key attorney in that group helped draft it and get it enacted.

the California statute. It is intended to protect minority candidates from being shut out of the political process by at-large elections that dilute the power of minority voting districts.

But all of the litigation brought under the voting rights law was initiated by Rubin or Avila and pursued by attorneys working with them, the AP reports. While there is nothing illegal about that, it has been another aggravating factor in an already-annoying situation to those defending the litigation.
http://www.abajournal.com/news/lawyer_who_wrote_law_
sues_collects_as_govt_officials_steam_over_4.3m_won/
or use this http://twi.cc/wMSq

CO: IRV still fails after all of the provisional ballots counted
November 17, 2009

The advisory question, although split nearly down the middle, will likely compel City Council to place a binding charter amendment question on a future ballot.
http://www.aspendailynews.com/section/home/137664

CT: Analysis of the Connecticut November 2008 post-election audit
The University of Connecticut’s Voting Technology Research Center has recently made available the results of their analysis of the State of Connecticut’s post-election audit of the November 2008 election
http://electionupdates.caltech.edu/?p=2997

FL: Anthony Westbury: Today is election day in Fort Pierce, again
November 17, 2009…Today’s election may not even be legal, and it’s conceivable Perona could be declared ineligible if he prevails.

His failure to step down from the Fort Pierce Utilities Board while running for the City Commission has prompted two formal complaints to the 19th Circuit Court.
http://www.tcpalm.com/news/2009/nov/16/no-headline—sl_anthcol/

NY: NY-23: Absentees (Still) Point to a Democratic Win
11/16/09
http://washingtonindependent.com/68016/ny-23-absentees-still-point-to-a-democratic-win

NY: Hoffman wants a do-over
Doug Hoffman has fanned the flames surrounding the New York 23 special election, telling Glenn Beck yesterday that he would “un-concede” the election, “if that’s possible.”

Problem is, it’s not possible – or at least won’t affect the seating of Rep. Bill Owens (D-N.Y.) — unless the New York Board of Elections certifies Hoffman as the winner of the race.

Verified Voting Blog: Enfranchising Military Voters: Michigan Legislators Protect Verifiable, Secret Ballots

In a move to enfranchise soldiers deployed overseas, the Michigan House of Representatives has passed legislation that would allow blank absentee ballots to voters overseas by fax or e-mail. If House Bill 5279 passes the Senate and becomes law, local election officials will be able to send and receive applications for absentee ballots via fax or e-mail, and also be able to send blank absentee ballots to voters electronically. Voters will then print, mark and send the completed physical ballots to their local Michigan election officials. H5279 passed the House unanimously on November 5. Senate committee action is likely in December, according to Emily Carney, an aide to Senate Campaign and Election Oversight Committee chair Sen. Susan McManus.

House Bill 5279 implements a central recommendation of the Pew Center on the States's January 2009 report "No Time to Vote". The Pew report stated that Michigan currently does not allow overseas and military voters sufficient time to vote because ballots have to be sent and received via postal mail. The Pew Center recommended that Michigan allow election officials to e-mail blank absentee ballots to overseas and military voters, and accept completed ballots beyond the current election-day deadline.

Verified Voting Blog: Email Ballots – A Threat to the Security and Privacy of the Military Vote

Last week  the state Massachusetts, intending to improve military voters access to the ballot while serving overseas, approved a law which throws the integrity and security of those ballots into question by allowing their return by email. The original bill contained excellent provisions which would have helped solve one of the biggest problems facing overseas military personnel - timely receipt of absentee ballots. Currently, absentee ballots are sent by conventional mail, which can take two weeks to reach military voters. The problem is further exacerbated when soldiers are deployed in the field where they may not receive mail for long periods of time.

In its original form, the Massachusetts bill allowed military only to acquire an absentee ballot online. The downloaded blank ballot could then be printed, voted on and sent back, greatly enhancing the availability of ballots. But, in an ill conceived last minute addition, the bill was modified to also allow return of voted ballots by email. In terms of voter privacy and ballot security, email return of ballots is one of the worst choices and should never have been inserted in the bill let alone been approved. It's not like the data wasn't available. All lawmakers needed to do was consult a 2008 NIST research document which lays out the problems with email return of ballots in gruesome detail.

The Voting News Daily: Sarasota voting machine blues, Lackawanna GOP distrust machines, Virginia laws need overhaul

The Herald Tribune says Sarasota Florida new voting-machine problems must be remedied, and statistically significant audits should be implemented state wide…Did you think the ballot you cast in the 2008 election was secret? Think again if you live in Hawaii…Three Indiana county precinct election results flipped….
Northern Kentucky set to get new scanning machines, why isn’t Tennessee?…In Michigan, Saginaw Chippewa Tribal members protest private election recount…Ohio lawmakers are considering electronic voter registration in addition to regular methods…. Lackawanna PA GoP party disappointed that recount of 51,000 Nov 3 will be done by ES&S machine, not hand…

Branchville South Carolina town council election results thrown out – election change wasn’t pre-cleared with DOJ…Virginia’s election laws need to undergo a major overhaul says the ACLU of Virginia after operating an Election Day hotline… Washingtonians tire of watching elections drag on and show new interest in requiring ballots returned by Election Day…
…The Supreme Court might announce Citizens United this week…
…India’s electronic voting machines impresses Clinton…Kosovo Votes in First Election

All of this and more in todays voting news below….

CA: CA to Provide Precinct-Level Data
elections, standards, open source, berkeley, friends, research, policy, usability Add comments Today, UC Berkeley Professors Philip Stark, Jasjeet Sekhon and Henry Brady, along with me, sent the California Secretary of State a brief comment about her effort to provide precinct-level elections data for all 58 California counties.
http://josephhall.org/nqb2/index.php/2009/11/16/cappldp

CA: Mail-Only Elections Are Likely Here to Stay in Santa Barbara
Decision not final but city officials tout turnout, price and trends as reasons to continue.

Some common issues with the ballots this year were people forgetting to sign their ballot envelopes or signatures that didn’t match voter registration papers. Up until Election Day, city staff mailed letters to or called local residents to try to fix the issues before it was too late.
http://www.noozhawk.com/local_news/article/111509_
santa_barbara_vote_by_mail_elections/
or use this http://twi.cc/P5MJ

CT: OUR VIEW: A tale of two elections
…this recount is a reminder of what a miracle our election process is — voters choosing freely, poll officials determining the results honestly, winners peacefully taking office, while defeated incumbents quietly step down.
http://www.bristolpress.com/articles/2009/11/13/
opinion/doc4afe1580f086e652453892.txt
or use this http://twi.cc/EHDD

CT: In Monroe, Southbury and Washington
Election Audit Plans Detailed
11/14/2009 HARTFORD – According to a Tuesday, November 10, press release from Secretary of the State Susan Bysiewicz, 60 of 597 voting precincts will have ballots hand counted and matched against machine totals to ensure the integrity of voting.

As required by Public Act 07-194, An Act Concerning the Integrity and Security of the Voting Process, 10 percent of the polling precincts used in the election are subject to an audit.
http://www.zwire.com/site/news.cfm?newsid=20388023&BRD=1380&PAG=461&dept_id=157525&rfi=6

CT: Morehead alleges voter fraud (absentee ballot)
Ward 22 alderman to accuse opponent of tampering with absentee ballots
November 10, 2009 Ward 22 Alderman-elect Greg Morehead is expected to file a complaint with the state government today accusing one of his opponents in last Tuesday’s election of voter fraud

Morehead said he has received statements from two New Haven senior citizens, both of whom he said approached him with concerns about their absentee votes.

Verified Voting Blog: Comments on the California Secretary of State’s Precinct Level Data Pilot Project

Thank you for inviting comments on your Precinct Level Data Pilot Project, which seeks to provide precinct-level vote tabulation data to the public. We applaud Secretary Bowen’s pilot program. Timely precinct-level election results from California counties are crucial for establishing the integrity of California’s elections, for supporting analyses of election results and for designing and conducting post-election vote-tabulation audits. We have examined the sample data from the four counties—Orange County, Sacramento County, San Francisco County and San Luis Obispo County—that provided data for the Pilot Project.[1. See: http://www.sos.ca.gov/elections/sov/2009-special/precinct-data/index.htm] We submit these comments in the hope that you find them helpful as the Pilot Project goes forward.

The Voting News Daily: Did Hoffman Win NY-23? Dominion scanner issues, Lancaster VA multiple machine malfunction

A ‘Post-Racial’ America? Not yet….On the law surrounding lines at polling places…Pay to play in New Jersey ?…Ex-first selectman has lawyer probe Middlebury CT voting, machine malfunction and some ballots photocopied…They don’t float: Clark County Indiana found out the hard way that if you store voting machines in a basement they may get water damage, we saw this happen in Gaston County NC after the 2004 election…. Meaningless recounts held in Carroll County Georgia and New Brunswick New Jersey on paperless e-voting machines, why even bother?…Post election audits in New York next week…

Did Hoffman Win NY-23? Does It Matter If He Did?…Hand counts needed in three Lancaster County Virginia precincts after multiple Diebold OS machines malfunctioned…
Oregon voters increasingly none-of-the-above…A handful of machines in Lewis, Seneca and Schuyler County New York froze due to memory problems…Pierce Council still hearts polling places, state’s last holdout for poll-site voting…Denmark Strips Away the Right to Privacy from Blind Voters…

All that and more in today’s voting news below…

CA: “Assessing California’s Hybrid Democracy”
…One lesson of this decade is that the devices of direct democracy remain too blunt and expensive as tools for anything but interstitial governance. From 2002 through 2008 voters were asked to approve 63 ballot measures – 43 voter initiatives and 20 ballot measures proposed by the legislature…Despite this flurry of activity, California’s governance appeared in shambles for much of the decade, http://electionlawblog.org/archives/014754.html

CT: Ex-first selectman has lawyer probe Middlebury voting *
MIDDLEBURY — Former First Selectman Edward B. St. John has hired an attorney to investigate ballot irregularities in the Nov. 3 election.

Dennis M. Buckley, a Waterbury-based attorney, is reviewing documents filed by poll workers and election officials for St. John.

St. John, who ran as a write-in candidate, raised concerns immediately following the election after he learned one of the voting machines had broken down Tuesday evening, forcing poll workers to switch to a separate machine to count the remaining ballots. Some of the ballots had been photocopied because election officials believed they had run out of the official ballots. It was later revealed that officials had more than 1,000 unused ballots locked in the registrar of voters’ office.
http://www.rep-am.com/articles/2009/11/12/news/local/449082.txt

GA: Recount confirms Rick Ford’s victory (recount by memory card-not a real recount)
Election Supervisor Patti Brown-Traylor and members of the Carroll County Board of Elections held a recount Tuesday because Ford’s margin of victory was less than 1 percent. The recount consisted of again running through the votes on computer memory cards from election night, as well as the early voting memory card ballots that were cast in the Office of Elections and Registration.
http://www.times-georgian.com/pages/full_story/push?article-Recount+confirms+Rick+Ford-s+victory%20&id=4430999-Recount+confirms+Rick+Ford-s+victory&instance=west_ga_news

MD: Cryptographic voting debuts
November 13, 2009
http://www.physorg.com/news177324972.html

IN: Clark County Commissioners: More costs pour in for Clark County
Replacing voting machines and shortfall from workers’ compensation pinch thin wallet
…Voting machines stored in the basement of the Clark County Government Building received water damage and the equipment will need to be fixed or replaced before the next election in May.

The Voting News Daily: Georgia Court: E-vote at your own risk, some NY votes up in air, Diebold miscount in Santa Barbara

Internet voting whack-a-mole and its inherent security risks and privacy loss – done on the backs of our troops: National voter groups urge MA Gov Deval Patrick to ask Legislature to remove dangerous e-mail voting provision from veterans bill, a Michigan bill would have military vote by email….Aspen CO seeks dismissal of suit for ballot images of May election…How To NOT Instill Confidence In Election Integrity (in Connecticut)…Georgia Court: E-Vote at Your Own Risk… Coin Toss Decides Whitsett NC Town Council Race…Activist security concerns – “New York counties don’t have the money to secure the ballots or verify the scanners.”…Port Chester NY’s new election system confusing…Ohio Ballot Access Bill Advances…GOP 1, TVCA 0 …Misplaced election reform priorities in Washington?…Verified Voting’s national newsletter is available online now!…

All this and more in today’s voting news below…

AL: Calera finally has six new council members
November 10, 2009. More than a year after voters originally headed to the polls, Calera has six new council members.

City officials submitted a new voting plan in July that called for six at-large council seats instead of the five districts used in the 2008 election.

Justice Department officials approved the new plan in September. The plan “reflects a good faith effort to effectively remedy the concerns raised in our objection,” according to a letter that Loretta King, acting assistant attorney general, sent to the city’s attorneys.
http://blog.al.com/spotnews/2009/11/calera_finally_has_six_new_cou.html

CA: Recount Called for City Election * Voting Machine Malfunctioned
(Premier/Diebold Accu-Vote ES 2000 and ES&S Automark)
November 11, 2009
Santa Barbara City election officials will be conducting a complete recount of all ballots cast in last week’s election, because one of the vote-counting machines failed to adequately count all the votes cast on the “B” side of the ballot.

it could affect the final outcomes of the city council races as well as Measures D and E.

The discrepancy in ballots counted is in the range of five percent to 15 percent. After counting 800 ballots by hand, city election officials concluded there was a problem…
http://www.independent.com/news/2009/nov/11/recount-called-city-election/

CO: City seeks dismissal of Marks suit (city does not want to release ballot images)
November 12, 2009 The city of Aspen has filed a motion to dismiss a lawsuit brought by Marilyn Marks, who is trying to force the city to release ballot images from the May election.
http://www.aspendailynews.com/section/home/137594

CT: How To NOT Instill Confidence In Election Integrity * (photo copy ballots, “extra ballots”)
Waterbury Republican: Ex-first selectman has lawyer probe Middlebury voting
…St. John, who ran as a write-in candidate, raised concerns immediately following the election after he learned one of the voting machines had broken down Tuesday evening, forcing poll workers to switch to a separate machine to count the remaining ballots. Some of the ballots had been photocopied because election officials believed they had run out of the official ballots. It was later revealed that officials had more than 1,000 unused ballots locked in the registrar of voters’ office.
http://www.ctvoterscount.org/?p=2587
[Thank you Luther Weeks and here is article Luther linked to
MIDDLEBURY — Former First Selectman Edward B.

The Voting News Daily: Massachusetts passes flawed vet voting bill, Vote By Mail concerns, Johnson City NY miscount

Unfortunately Massachusetts Gov. Deval Patrick signed military internet voting bill Wednesday even after National and State Voting Rights Groups urged him not to …Verified Voting has a new blog, you can sign up for updates…. …D.C. takes up same day registration, so should Congress…Brad Friedman on Acorn and “protecting” the taxpayers….Study shows permanent mail voting worsening lack of diversity among California voters….Vote by mail biggest perceived problem in OR and WA -slowness in election results…

…Glitches, snags, snafus and hiccups reported in IL, NC, NY, OH, PA, AND SC…Campaign website spoof results in formal complaint in Cary NC…Half of Johnson City NY election districts machine counts differ from hand counts…Diebold technician “fixes” election results for Miami County Ohio….2 candidates in Lackawanna PA request recounts after voting machines straight ticket error… Former Aiken SC GOP official admits to robo-calls scam….In the Port Hope (Canada) council opts for Internet voting, Mayor Linda Thompson was the only opponent…

All of this and more in today’s voting news below…

CA: Study finds demographic differences between vote-by-mail voters and registered voters
…Kim Alexander, founder of the nonpartisan California Voter Foundation, says permanent mail voting may be exacerbating the lack of diversity among California voters. “Policy-makers need to be mindful of that,” she said.
http://calvoter.org/news/blog/2009_11_01_
blogarchive.html#5954396140451513928
or use this url http://twi.cc/9mRT

IL: Prosecutor alleges pair tainted vote in 50th Ward*(absentee ballot fraud charged)
Precinct captain, volunteer said to have manipulated absentee ballots, cast absentee votes for Ald. Bernard Stone
November 10, 2009.
http://www.chicagotribune.com/news/chi-voter-fraud-trialnov10,0,5858164.story

IL: Ald. Stone ally on trial for vote fraud *
November 10, 2009. Four members of a West Rogers Park family testified Monday that Ald. Bernard Stone’s (50th) ward superintendent Anish Eapen coaxed them to vote absentee, collected their ballots and then mailed them during the heated 2007 aldermanic race
http://www.suntimes.com/news/24-7/1874511,CST-NWS-eapen10web.article

Mass. voting advocates say veterans bill flawed (email voting inserted at last min)
November 11, 2009 Gov. Deval Patrick signed the bill Wednesday.
http://news.bostonherald.com/news/regional/view.bg?articleid=1211192

MA: National and State Voting Rights Groups Urge Massachusetts Governor Not to Sign Internet Voting Bill
Wednesday, November 11, 2009 By Citizens for Election Integrity Massachusetts, Common Cause, ACLU-MA, Oiste, Voter Action, VerifiedVoting
Governor Patrick Must Protect Military Voters’ Right to a Secure, Private Ballot
To exercise their voting rights, Americans in uniform serving overseas must have better access to the process of casting a ballot. Equally important, the process of casting a ballot must be no less secure and verifiable for them than it is for voters at home….
http://blog.verifiedvoting.org/2009/11/11/165#more-165

MA: Last Minute Change in Massachusetts Veterans Bill Puts Soldiers’ Votes at Risk
Nov 10, 2009 Breaking news: It appears that at the last minute Massachusetts lawmakers changed language in a bill designed to benefit military voters – taking a good provision and unfortunately making it dangerous. The bill could have improved the voting process for our service men and women in uniform overseas by allowing them to obtain a ballot online so it could be printed, voted and mailed back in time to be counted.

Verified Voting Blog: National and State Voting Rights Groups Urge Massachusetts Governor Not to Sign Internet Voting Bill

UPDATE November 13: Massachusetts Lawmakers are listening to the concerns raised by computer scientists and civic organizations, and there is interest in correcting the oversight in the bill signed on Wednesday with new emergency legislation. Please visit the VerifiedVoting Action Center to send Massachusetts lawmakers an email urging protection of soldiers’ right to secret, verifiable ballot.

Governor Patrick Must Protect Military Voters’ Right to a Secure, Private Ballot

To exercise their voting rights, Americans in uniform serving overseas must have better access to the process of casting a ballot. Equally important, the process of casting a ballot must be no less secure and verifiable for them than it is for voters at home.

In an effort to remedy longstanding deficiencies in the voting process for overseas and service voters, the General Court enacted House Bill 4310 on November 10. Most of H4310 is laudable, but Section 4 of the bill would create a high-risk voting system for overseas and service voters by allowing voted ballots to be returned via fax or e-mail.  This provision is unnecessary to solve the real problems faced by overseas and military voters, and we urge Governor Patrick to return the bill to the Court with a recommendation to delete it.

Verified Voting Blog: On the Proposed ES&S Merger

Bad for the country, bad for New York

On the face of it, it would seem that the proposed merger of Premier Voting Systems (aka Diebold) and Election Systems & Software (ES&S) shouldn’t matter much to New York State. After all, Premier pulled out of the state over a year ago, and ES&S splits the state’s voting system sales with a competitor, Dominion Voting Systems. But there’s plenty of reason for New Yorkers to be wary of further consolidation of the rapidly shrinking voting machine industry. Recall the not so distant past when ES&S, along with Sequoia Voting Systems, jointly decided that paperless voting was New York’s future and offered only touch screen DREs to the state. When New Yorkers for Verified Voting organized the first ever demonstration of a paper ballot system with an accessible Ballot Marking Device and an optical scanner at the Albany State Capitol, the makers of the AutoMark ballot marking device, with whom we had arranged the demo, were ordered by ES&S to remove the scanner because it didn’t fit their product plans. The New York Daily News reported this story in 2005:

At the Capitol recently, a lobbyist managed to shut down a demonstration of optical scanning by getting his client to pull its machine from the display. Assemblywoman Sandra Galef of Westchester called the company to object and was told that New York is “a touch-screen state.” ” I said, ‘We are?’” Galef recalled. “I’m a legislator. I don’t think I’ve voted on anything.”

Verified Voting Blog: Recommendations to NIST on Post Election Audits

Verified Voting today joined with computers scientists and advocacy organizations in signing the following recommendations on post-election audits to the National Institute of Standards and Technology.

We, the undersigned, participated in a working meeting on vote tabulation audits hosted by the American Statistical Association (ASA) on October 23 and 24, 2009. We write to emphasize that future iterations of the Voluntary Voting System Guidelines (VVSG) should facilitate effective vote tabulation audits. We applaud the VVSG II's requirement for independent voter-verifiable records (IVVRs). This requirement is necessary to enable verification of election outcomes independently of the tabulation systems; it should be adopted as soon as possible. However, if election outcomes are to be verified efficiently, vote tabulation systems must meet requirements that go well beyond the draft VVSG 1.1.

Verified Voting Blog: Paper Ballots, Photocopiers, and Security

When I heard that New York City had found that a photocopy of a ballot could be successfully scanned by both of the two systems being used in New York State, my first thought was that this is Sun-Rises-in-the-East news. It didn’t surprise me, and the first line of defense against attacks involving any type of fake ballot, photocopied or printed, is well designed and implemented ballot management security procedures. But this is a complex issue which bears some discussion.

Before discussing the security threat, let’s look at a technical question – should a scanner be able to detect a photocopied ballot? One of the challenges posed by modern high resolution copiers and printers is that they are capable of producing all manner of difficult to detect counterfeits. This became an extremely serious problem in the 1990’s as convincing counterfeit currency became easy to produce using the off the shelf copiers. In response, the United States has been replacing currency with new bills containing anti-counterfeiting features. So it’s no surprise that a modern copier can create a ballot that can be successfully scanned.

The Voting News Daily: Expert:No way to secure internet voting, Talk–A Poor Substitute For Integrity?

Citizens United v. Federal Election Commission: Will Voters’ Choice Be Outdone by Sponsorship?…Security expert: no way to secure Internet voting…Hackers cracked military systems and cut mains power…Internet voting too dangerous, especially for our military….

D.C. passes same day voter registration…Audit finds that Venice FL ballots were counted properly…Vanderburgh County Indiana wrangles with voting monopoly ES&S over pricing…”Don’t Count Your Ballots Up in Massachusetts. That Sort Of Thing Just Isn’t Done.”…”Massachusetts does not have a post-election audit”…Ballot Design Still Matters…Bo Lipari writes about Paper Ballots, Photocopiers, and Security as pertains to New York’s voting machine pilot….Nobody could vote in the race for mayor in Limaville,Ohio…Calls for complete hand recount of Lackawanna County PA election….Gregoire pushes to make WA election results more timely…We’re still sweeping up after Nov 3 with voting glitches, snags,snafus and hiccup reports in CA, MA, NC, NY,OH AND PA…

CA: Letter: Frustrating vote
Editor: My apologies to my candidates, Michelle Gabriault-Acosta, Bill Blake and Mary-Michal Rawling. I tried to vote Tuesday but had a very frustrating experience.

I had requested a “vote by mail” ballot, which I never received. I thought, “No big deal.”

I went to my polling place a few minutes before they opened. When the polls opened, I was second in line but was unable to vote because I was marked as a mail-in voter.
http://www.mercedsunstar.com/opinion/story/1155563.html

CA: Lobbyists sue to block state public financing proposition
Over the weekend the Sacramento Bee published this story by Andy Furillo reporting on recent legal actions taken by California’s association of lobbyists to block a proposition that, if passed by voters would create a public financing system for the Secretary of State’s elections in 2014 and 2018. The measure relies on fees paid by lobbyists and lobbying firms to fund the public financing system
http://calvoter.org/news/blog/2009_11_01_blogarchive.html#467239205392319216

DC: D.C. passes same day voter registration
The DC Council has unanimously passed an election reform bill that includes Same Day Registration and asks the District to look at implementing a system of universal voter registration.
http://nonprofitvote.blogspot.com/2009/11/dc-passes-same-day-voter-registration.html

FL: Venice ballots were counted properly
An audit finds no problems caused by the ink voters used
…The unusual proxy audit — one of only three that election workers could recall over the last decade — was conducted by the Sarasota Alliance for Fair Elections on a total of 1,028 absentee ballots.

“This gives me more peace of mind in the reliability of the machines,” Muntz said.

Dent said that future absentee ballots will carry instructions that voters only use black ink.
http://www.heraldtribune.com/article/20091106/ARTICLE/911061021/2055/NEWS?Title=Venice-ballots-were-counted-properly

IN: Elections Board having issues with voting machines co. (ES&S)
Nov 09, 2009 …The attorney said County Clerk Susan Kirk isn’t happy with the way the company is responding to her requests.

“Part of this actually has to do with obtaining the software which is actually needed to conduct the elections,” Vanderburgh County Elections Board Attorney Doug Briody said. “We had an original contract which expired last year and so we need some additional software from them in order to go forward with elections happening in 2010.

Verified Voting Blog: Improving the 2010 EAC Election Day Survey

The Election Day Survey plays an ongoing, important, and unique role in collecting and publishing data on election administration in the United States. Balancing the right of the public to know how our elections function with the burden of reporting useful data by those who administer our elections is clearly a complex task but one we feel is extremely worthwhile. There are several categories of data we believe are very useful to collect, and our recommendations address those categories specifically.

Voting System Reports

Beginning in 2004, Verified Voting collaborated with various partners to collect voters’, observers’ and others’ reports about incidents or malfunctions including those involving voting systems, the mechanism by which voters cast their votes. These reports came to the “Election Incident Reporting System” (EIRS) primarily via calls to a hotline operated by the Election Protection Coalition, part of an effort to protect the rights of voters to cast a ballot and have confidence that their ballot was counted. We made available a free public dataset of those reports. The project was cited in a GAO report  about electronic voting security and reliability in 2005.

The Voting News Daily: US Troops as Internet Voting guinea pigs, Texas let voters eat cake, CO, NJ, NY, PA, TX, UT, VA and WA glitch snag reports

We’re still seeing articles on Nov 3 voting problems… Ellen Theisen has updated Voters Unite’s database on Voting Problems By State to the November elections. This database has been key evidence used to help get paper ballot laws passed in several states and was key to passing a law in my home state of North Carolina. So thank you Ellen!…

INTERNET VOTING WHACK-A-MOLE: Three states plan to use our troops as internet voting guinea pigs: We reported last week that Alabama Rep. Jimmy Martin, D-Clanton is re-introducing an internet/military voting bill. This week, we see that Colorado has passed legislation to allow internet voting pilots for military, and the pilots will be partially funded by “private” parties. Will these private parties be identified? Could any of these private parties have a conflict of interest?…Massachusetts Senate President Therese Murray, D-Plymouth hopes to have their troops voting over the internet this December, 2008. Considering that Cyber Warfare is the weapon of choice now for China and North Korea, is this a good idea?…

Let them eat cake: In Texas an editorial board considers running out of ballots to be a mere ‘hiccup’. If you are a voter being disenfranchised, it is hardly a hiccup, now is it? This wouldn’t happen if Texas joined other states in requiring that enough ballots be printed for all voters. No voter should go to the polls and be told “I’m sorry, we don’t have any ballots right now” and no voter should have to vote on a makeshift ballot. In Harris County Texas, it took a court order to make the voter registration office follow the law after impeding the registration of 66,000 people…Minneapolis Minnesota held its first instant runoff voting election and had the lowest voter turnout for mayor since 1910…In Lackawanna County PA, faulty computer coding cause of 2,452 straight ticket votes to go uncounted…860 ballots found in vandalized King Co. drop box…Plaintiffs Comment on Court Order regarding TN Voter Confidence Act…Miss an email or don’t want to wait? See our home page

All of that and more in today’s Voting News below…

AL: Commission OKs polling place changes (from schools to mostly churches)
November 5, 2009. Where voters go to cast their ballots in 2010 will undergo a major change as a result of action taken by the Morgan County Commission at a regular meeting Oct. 27.

The commission acted on a recommendation from Probate Judge Greg Cain to remove nine Decatur elementary schools from the county’s polling places list and replace them with alternate locations. The move is subject to the approval of the U.S. Department of Justice and would become effective with the Primary Election next June.

In a discussion prior to the vote, District 2 Commissioner Ken Livingston said several of the new polling places are at churches and questioned if a violation of the separation of church and state could be involved.
http://www.hartselleenquirer.com/articles/2009/11/05/news/news4.txt

AL: State may be on fast track to pass military voting bill (military internet voting) The Alabama military voting bill, House Bill 30, has
been pre-filed by Rep.

The Voting News Daily: Tennessee seek machines in Dec or Jan, 2452 straight ticket votes missed in Lackawanna, Moritz on uncounted ballots

Tennessee Judge Says No to Tennessee Voter Confidence Act Injunction, Yes to Crucial Plaintiff Claim, the Secretary of State will issue requests for proposals for NEW voting equip sometime in December or January…A programming error caused 2,452 straight-party votes to go uncounted in Lackawanna County, Pennsylvania…Cuyahoga County sheds its reputation for troubled elections with smooth vote count Tuesday night…

…Moritz law talks about 3 types of uncounted ballots…6.8 percent of Virginians have permanently lost their right to vote (as long as they live in Virginia)….
Today we try to catch up on election day glitch-snag-snafu-hiccup reports in Michigan, Nevada, New Jersey, New York, Pennsylvania, Utah and Virginia…….If you think we missed something, please send us a link to the story at joyce (at)ncvoter.net and we will post it…if you think you’ve missed an issue of Voting News check online at our home page

CO: Provisional ballots could change IRV outcome in Aspen
Clerk and recorder said it’s too early to speculate
November 6, 2009 ASPEN — There are between 25 and 40 provisional ballots in Pitkin County’s mail-in election that have yet to be counted, and depending on how many of them are from Aspen residents, they could change the outcome of the Instant Runoff Voting result.
http://www.aspentimes.com/article/20091106/NEWS/911069987/1077&ParentProfile=1058

MD: Maryland Voters Test New Cryptographic Voting System
Wired News… The Scantegrity code is written in Java and uses a Fujitsu high-speed scanner for reading ballots. Chaum owns the IP for the system and has promised that the first jurisdiction — county, city, state or country — that wants to implement the system can have it fully licensed in perpetuity for free.

“I’m not doing this to make money,” he told Threat Level. “I’m doing it because I want to make it happen.”

Chaum says he hasn’t decided on a cost yet for jurisdictions who will license it after the initial adopter but says he can easily sell it for half the cost of current optical-scan voting systems, which run about $6,000 apiece.
http://www.wired.com/threatlevel/2009/11/scantegrity

MI: Election Night in Washtenaw County * After polls close, work continues for county clerk’s staff (ballot misfeeds, blank memory cards)
November 4, 2009…some ballots aren’t feeding into voting machines property, or aren’t being read. In Ann Arbor, for example, in several precincts there’s a one-ballot discrepancy between the machine count and the actual number of ballots. That count has to be resolved before delivering results to the county.

Brooks describes how the printer misaligned the perforation between the main ballots and the ballot stubs, which are torn off before the ballots are fed into the voting machine. “It looks like a six-year-old cut it with scissors,” he quips.

Throughout the evening, Yankee processes memory cards, uploading the information on them into the software program GEMS (Global Election Management System). A couple of times, Yankee encounters memory cards that have been wiped clean. This requires that he get the poll book and enter the results manually.
http://annarborchronicle.com/2009/11/04/election-night-in-washtenaw-county/

NJ: Voting machines absolved of blame *
November 06, 2009…The cartridge readers did produce counts of zero votes in districts spread through 10 municipalities, but they only did in response to an as-yet unknown problem in their connection to a county computer server, said Robert Giles, director of the state Division of Elections.

The Voting News Daily: Tennessee judge denies injunction, Election pilots crash, Sarasota ballot disinfo

Many states run elections as if they are beta tests. An prime example are the Vote Centers in Galveston County Texas. Officials ran into surprises when all vote centers tried to start up at beginning of day, causing the state’s voter registration database to crash. And since these vote centers are dependant on the online database, voting was held up 30 and 40 minutes.Another surprise – firewalls blocking access to the county central voting system. So much for the “convenience” of Vote Centers, never mind the other problems with them but the media says it was all good….

…Brad Friedman reports: Sarasota Sample Ballots Urged Voters to Use Blue Ink, Though New Op-Scan Systems Can’t Read It. Another screw-up for notorious Election Director Kathy Dent…
…Update on Tennessee Paper Ballot Law! Judge Denies Injuction In Paper Ballot Case
Secretary Of State Should Begin To Implement Voter Confidence Act, Recommends Judge…

…A few South Carolina races trigger an automatic recount but SC uses paperless voting so if there’s a programming flaw nothing will change….Texas finally pulls IBM off voter reg database project, 13 day system outage in Aug final straw…

What Sequoia’s Source Code Publication Means…Joe Hall has more on EAC testing and Top To Bottom Review…

….There’s too many glitches, snags, snafus and meltdowns for me to do summarize, so please read about those and more in the news below…

CA: Hawthorne used car dealer turns polling place workers, voters away *
11/03/2009 …Saunders said Finance Auto Sales workers also called police to try to get the volunteers to leave after they set up voting booths on the sidewalk in front of the dealership at 11604 Prairie Ave.
Police allowed the workers to stay on the sidewalk for several hours until a nearby business agreed to let them set up inside. Hi Tech Auto Collision and Glass Centers allowed voters to use their office until polls closed.
http://www.dailybreeze.com/news/ci_13707170

CT: A Day As Absentee Ballot Moderator
November 4, 2009 This election day was spent as moderator for central counting of absentee ballots, once again, in Vernon, CT.
http://www.ctvoterscount.org/?p=2542

CT: Reporter’s notebook: Brooklyn voters complain about ballot layout*
…St. Jean said because there were three candidates on the ballot for first selectman, many residents voted for two candidates rather than just one.

When that happens, the voting machine returns the ballot and an election moderator gives the voter a new ballot to fill out, she said.
http://www.norwichbulletin.com/news/x1156075453/Reporters-notebook-Brooklyn-voters-complain-about-ballot-layout

FL: Sarasota Sample Ballots Urged Voters to Use Blue Ink, Though New Op-Scan Systems Can’t Read It *
Another screw-up for notorious Election Director Kathy Dent…
On October 17th, we reported that World’s Worst Supervisor of Elections Kathy Dent of Sarasota, FL had discovered in pre-election tests that her new Diebold/Premier optical-scan voting systems failed to properly read paper ballots marked with blue ink.
http://www.bradblog.com/?p=7502

IN: For voters, county maps were a source of confusion *
…St. Joseph County provided a map to help voters find their special election polling place. The information was on WSBT.com

The Voting News Daily: Another Sarasota Fl election screw up – Sample ballot tells voters to use ink scanners cannot read

Sarasota Election Supervisor Kathy Dent was aware that the Diebold OSX optical scanners did not consistently read blue ink. She knew this before the Venice Florida election that was held on Nov 3.

But what does the sample ballot for Venice Voters say? It says
“Use only the marker provided or a blue or black pen.”

See the sample ballot below

City of Venice General Election

THE DIEBOLD OSX DOES NOT READ BLUE INK OR #2 PENCIL.

We don’t have time right now to outline Sarasota Florida’s inglorious failures, just google Sarasota FL 13 Jennings Buchanon or “smoothing filter” + Sarasota and learn how Kathy Dent ignored the warnings by the vendor back in 2006. She wasn’t worried then, she isn’t worried now.

Voting News by Joyce McCloy.
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Verified Voting Blog: Burstein and Hall’s Response to the EAC

Verified Voting Foundation Board of Advisors member Joseph Lorenzo Hall and Aaron Burstein submitted the following response to the EAC's letter from October 21 2009.

Thank you for your reply of October 21, 2009, to our letter of October 13, 2009. We appreciate your pointing out that relevant documents are available on the EAC’s website. Of course, it was the EAC’s commendable policy of making these documents publicly available that allowed us to initiate this dialogue. As you know, neither test plans nor test reports were available under the NASED qualification testing program; this change is important for establishing a more trustworthy voting system testing and certification program under the EAC. After carefully reviewing your letter, however, we continue to question whether iBeta’s test plan for the Premier system fully incorporates some of the lessons of the California Top-to-Bottom Review (TTBR) into EAC testing and certification. Even for the examples the EAC points to in its reply, the test plan does not state in sufficient detail what iBeta proposed to do to test the system. For example, an element of the security test—“port access is controlled” (test plan p. 73)—states a desired result or conclusion but does not describe how iBeta would arrive at that conclusion nor under what conditions would this element fail.

The Voting News Daily: DOJ probes Diebold sale, Voting Hiccups, glitches, snags, and snafus cont’d

Justice Department Probing Diebold Sale, timing of sale is also of interest…
Brad Friedman reports “Your Election Night 2009 ‘Hiccups’ ‘Glitches’ ‘Snags’ and ‘Snafus’ Report”…Today’s voting news report covers election problems in California, Florida, Georgia, Indiana, Massachusetts, Michigan, New York, North Carolina, Ohio and Virginia…

Bay County Florida resolves to ask lawmakers for money for voting machines for disabled while SoS sits on HAVA funds….Virginia’s Elections Are UNCONSTITUTIONAL?!?! Internet voting whack-a-mole in Port Hope, Ontario….

…Election method flux: Aspen Colorado voters voted to reconsider instant runoff by very slim margin, St Paul MN voters voted to adopt instant runoff voting but opponents have filed election complaints, Lowell MA voted not to adopt proportional voting, and Pierce County Washington overwhelmingly voted to repeal instant runoff voting…

All of that and more in today’s Voting News below and lots more tomorrow I promise…

CA: Because of mailer problem, Atwater will have new school board election* (voter guides, missing ballot boxes, incomplete poll books)
Confusion over a new boundary line in the Atwater Elementary School District means that voters in the only contested race there may have to recast their ballots.

But 29 homes with eligible voters didn’t get proper voter guides before the election, said Karen Adams, county registrar of voters.

At 6:15 a.m., polling places in Gustine, Delhi and Livingston reported that they were each short one ballot box. Election workers delivered the missing ballot boxes by 7 a.m.

A precinct in Snelling was missing two pages of its eligible voters roster and four election computers in Merced, Delhi and Le Grand were fixed after minor problems kept them from working properly earlier in the day.

Another ballot problem in the Franklin precinct — near Beachwood Drive and Santa Fe — affected some voters in the Merced Union High School District race there. The precinct had no copies of a certain ballot type.

The error was the result of a mistake by the ballot printer and packager, Adams said. New ballots arrived at the polling place after a 25-minute delay.
http://www.mercedsunstar.com/167/story/1151301.html

CO: Aspen rejects Instant Runoff Voting — by six votes
Council will explore alternative voting methods for elections
…Aspen residents voted 805-799 to eliminate ranking City Council and
mayoral candidates by preference on the municipal election ballot, which
replaced the traditional June runoff.

The city of Aspen launched its first-ever IRV election this past May.
Shortly thereafter, doubts among elected officials and some residents
surfaced as to whether the method was the best way to elect a mayor and
City Council members.
http://www.aspentimes.com/article/20091103/NEWS/911039976/1077&ParentProfile=1058

FL: Voting Machine Issues
The Bay County Commission unanimously backed a resolution asking the state legislature for an extension on new voting machine requirements. According to Supervisor of Elections Mark Andersen, a new legislative mandate requires another overhaul in election equipment.

Every touch-screen would have to replaced with a paper ballot scanning system, called AutoMark. Andersen says that shift would cost the county almost half a million dollars. But, some commissioners say they want more time to discuss the issue with legislators
http://www.wjhg.com/home/headlines/68978487.html