Minnesotans have rejected a constitutional amendment that would have required a photo ID before they could vote in future elections. With just less than 99 percent of precincts reporting Wednesday, Nov.7, support for the voter ID amendment was at 46.36 percent. “It’s starting to look like an insurmountable lead for the opposition on this,” said Dan McGrath, chairman of ProtectMyVote.com, just before midnight on Tuesday.
When New Jersey announced over the weekend that it would allow voters displaced by the storm to vote by email or fax, many people were concerned about the possibility of hacking or other vote-tampering. “E-mail voting is insecure because it’s hard to authenticate the voter, the ballots can be intercepted and changed, and the computer servers that store them can be hacked,” Bloomberg reported. Additionally, the plan had provoked confusion among voters, as at first the state said no paper ballot was necessary, and later reneged, saying a mailed-in paper confirmation was also required.
For the head of Libya’s national election commission, the method by which Americans vote is startling in that it depends so much on trust and the good faith of election officials and voters alike. “It’s an incredible system,” said Nuri K. Elabbar, who traveled to the United States along with election officials from more than 60 countries to observe today’s presidential elections as part of a program run by the International Foundation for Electoral Systems (IFES). Your humble Cable guy visited polling places with some of the international officials this morning. Most of them agreed that in their countries, such an open voting system simply would not work.
U.S. President Barack Obama won re-election Tuesday night, topping 270 electoral votes to defeat Republican challenger Mitt Romney just after 11 p.m. yesterday. Romney held a small lead in the battleground state of Virginia, but most election observers said he had to win both Florida and Ohio, as well as Virginia, to beat Obama. Just after 11 p.m., Ohio was called for Obama and those electoral votes effectively sealed the election’s outcome. Obama also held a slim lead in Florida. The Republican Party was projected to retain control of the U.S. House of Representatives, according to CNN and other news reports, but it appeared that Democrats will remain a slim majority in the Senate.
Specialty Group Inc. of Knoxville, Tenn., has a peculiar specialty: political anonymity. The company filed for incorporation in late September. Within a few weeks, it had donated nearly $5.3 million to FreedomWorks for America, a conservative super PAC allied with former House majority leader Dick Armey. What is Specialty Group? Where does its money come from? From the public record, it’s impossible to tell. The Center for Public Integrity and the Center for Responsive Politics reported that the company’s registered agent is a Knoxville man, William S. Rose Jr.After news reports about the donation, Rose issued a statement describing Specialty as his investment firm, detailing his gripes with President Obama and assailing “prying media who seem hellbent on asking a private citizen about private facts.” He declined to answer questions about the source of the funds and described Specialty’s business as “my family secret.” And here is the most disturbing thing about the Specialty contributions: By the degraded standards of the 2012 campaign, they are a model of transparency.
Miami-Dade will not report full election results until Wednesday, election supervisors said Tuesday night, as dozens of polls remained open four hours after closing time. Lines were so long in some polling places, that the last voter did not leave the West Kendall Regional Libary until a few minutes after 1 A.M. At 10:50 p.m., 90 percent of the precincts had closed in Miami-Dade. That meant that at least 80 precincts were still plagued by lines four hours after the polls closed, as people waited six hours or longer to cast their ballots. Adding to the local election woes were the 18,000 absentee ballots that came in on Tuesday. Those had yet to be processed and were not expected to be counted until Wednesday, according to Deputy Supervisor Christina White.
Minnesota voters on Tuesday turned back a proposed constitutional amendment to require a photo ID for voting, a measure that had once been seen as a likely winner. With 99 percent of precincts reporting, the amendment had 1,344,758 “yes” votes, or 46 percent. That was short of the 50 percent or greater total necessary for passage. “No” votes totaled 1,522,860, or 52 percent, with blank ballots – which count as “no” votes” – totaling 41,785, or 1 percent. The Minnesota vote went against a trend in other states to approve voter ID.
Democrat Jim Graves, declared the loser of the 6th Congressional District race against Republican Rep. Michele Bachmann, tweeted early Wednesday that a recount is likely. “See you in a few hours,” he said. Graves was trailing Bachmann by about 3,900 votes with 99 percent of precincts reporting on Wednesday morning. The Associated Press called the race for Bachmann just before 4 a.m.
The election will last until Friday — at least for some voters in New Jersey. State officials announced Tuesday afternoon that they will continue to accept email and fax ballots through Friday night, after election supervisors there reported they were overwhelmed by requests from voters displaced by Hurricane Sandy. The state is seen as securely enough in Obama’s column that many expect that he’ll be able to be called as the winner of the state’s electoral votes nonetheless. Gov. Chris Christie (R-N.J.) announced last Saturday that voters affected by the storm could use an email ballot process set up for overseas voters. However, many voters reported this week that email boxes designated to receive the ballots were already full and not able to accept any more ballots. In addition, some voters said they’d gotten no response to their emailed requests for ballots.
Displaced victims of the storm-ravaged New Jersey coastline faced a new challenge on Tuesday, as their attempts to vote in person, by email, and by fax failed. New Jersey, at the last minute and prompted by the displacement of residents from superstorm Sandy, was the first state to ever allow electronic voting for a significant portion of its population. Other states have allowed some electronic voting for military members or overseas residents in the past. The effort in New Jersey on Tuesday, however, showed the difficulties of maintaining an orderly and efficient election when phone lines and inboxes are overwhelmed with voter requests.
As if voting by e-mail weren’t insecure enough, an election official in New Jersey has now instructed citizens who can’t get their ballots through to swamped government e-mail servers to send them instead to his personal Hotmail account, according to BuzzFeed. You read that right: Hotmail. For voting. The vote-by-e-mail idea came about as a result of the destruction leveled on New Jersey by Hurricane Sandy, and the concept by itself has some merit as a what-else-are-you-going-to-do emergency measure in a disaster zone.
A representative from the nonpartisan Election Protection Coalition told Roll Call this afternoon that there were reports of “massive confusion” in Pennsylvania, voting-machine problems in Ohio, long lines in southern Virginia, technical problems in Texas and difficulties in New Jersey. Tanya House, one of the attorneys working with the group, said there are reports that voters in Pennsylvania are showing up at the polls and being told they need photo identification, even though a recent court ruling delayed implementation of the commonwealth’s new voter ID law until after Election Day. Voters there were also receiving mailings as late as Friday that referenced the need for a photo ID. “Massive confusion in Pennsylvania,” House said. “The state did not do a good job about informing people that they do not have to show photo ID in order to vote. Poll workers are telling them they do and people are being turned away.”
Republican Rep. Rick Berg said he will not concede the North Dakota Senate race to Democrat Heidi Heitkamp until the state completes its recount process, which would be next Tuesday. “This is a very close election, which is why North Dakota has a process in place to properly count each ballot and officially certify the result. This canvassing process will certify the election and provide an official result. The Berg for Senate campaign will await the results of the canvassing process before making any other announcements regarding the status of the election,” said Berg spokesman Chris Van Guilder in a release issued late Tuesday night.
With all precincts reporting, Democrat Heidi Heitkamp is leading Republican Rep. Rick Berg by only 3,000 votes in the North Dakota Senate race. Heitkamp has 160,752 votes in the initial count, while Berg has 157,758. The close margin between the candidates allows for a recount, and Berg has already vowed not to concede the race until one is completed.
The names of registered Philadelphia voters are not showing up on voter rolls and poll workers are instructing them to vote using provisional ballots, according to voters and poll workers in West and North Philadelphia. Provisional ballots, if they are counted, are not counted until up to seven days after the election. “We think it’s a real concern,” said a staffer at The Committee of Seventy, which monitors elections in Philadelphia. Voter ID, he says, is “not the central problem in Philadelphia today: [it’s] the messy administration of this election. The phones are just ringing off the hook. We’re fielding calls about people who are not in the polling books.”
As a key battleground in this year’s presidential election, Ohio has already seen its share of voting-related litigation. The U.S. Court of Appeals for the Sixth Circuit has already weighed in with several rulings on the counting of provisional ballots and on expanded early voting hours. But there is another important legal issue peculiar to Ohio that hasn’t gotten much attention so far, though it will be a significant factor should the state’s election tally spark litigation. Under a little-noticed provision of Ohio law, federal election results cannot be challenged in state court.
Voters across South Carolina turned out in droves in Tuesday’s presidential election, but many waited hours to cast ballots, and in some places, they said the wait resulted from a lack of voting machines or malfunctioning machines.
The S.C. Election Commission reported heavy turnout, with sporadic problems across the state. But the most complaints about the time it took to vote came from Richland County, said Chris Whitmire, a spokesman for the election commission. Many Richland County voters spent up to seven hours in line at precincts that they said didn’t have enough working voting machines to handle the crush of people. Voters at some Richland County precincts were still in line after polls closed at 7 p.m., some reportedly as late as 9 or 10 p.m.
Long lines and glitches greeted voters at several places from Florida to Virginia as technologically advanced America began voting Tuesday to choose between President Barack Obama and challenger Mitt Romney. In scenes rarely witnessed back home in India, voters waited hours on end as lines stretched out the door of polling sites in Central Florida Tuesday, according to Orlando Sentinel. Long lines and some glitches were also reported at precincts in Virginia with power breakdowns briefly disrupting voting in at least three polling places in Eastern Henrico,
In anticipation of the 2012 election, the Rockaway Youth Task Force proudly registered about 350 18- to 24-year-olds from the Rockaway Peninsula in Queens. But Milan Taylor, the group’s 23-year-old founder and president, doubts any of those newly registered voters will cast a ballot Tuesday. For those entering their second week stranded in the devastated Rockaways without heat or electricity, figuring out where the polling stations have been relocated to isn’t at the top of any to-do list. “We’re trying to convince people to get out and vote. We’ve printed out fliers with the new poll sites,” Taylor said. “But in reality, if you’re trying to figure out how to keep your family warm, voting might be the least of your priorities.”
On this election day, I’ll be looking at a map. Not of swing states that could go red or blue, but a map measuring states’ voting technology, and which have the best and the worst chances of messing up the count. For instance, Wisconsin: Good. Georgia: Not so good at making sure votes are recorded in a way that can be audited or recounted if needed. David Dill is a computer science professor at Stanford, and he’s been paying close attention to electronic voting issues and security for years. Dill’s been watching a few states in particular.
Even if tonight’s presidential vote is not close enough to spark a contested election and a major legal battle for the White House, election law experts have already identified plenty of voting issues today that could mean post-election litigation. If the presidential election is not extremely close, “the press and the public won’t care for another three and a half years,” said Richard Hasen, a professor of law and political science at the University of California, Irvine. But any number of races further down on the ballot that are close could be pushed into the courts, said Hasen, who wrote about how election litigation has more than doubled since the Bush v. Gore election in his new book, The Voting Wars: From Florida 2000 to the Next Election Meltdown.
Voting rights advocates described the election in New Jersey on Tuesday as a “catastrophe,” and said significant problems were also cropping up in Ohio, Florida and Pennsylvania, among other places, although it was not possible to immediately verify all of those reports.In New Jersey, problems stemming from super storm Sandy caused election computers to crash and some polling places were not able to open by late morning, according to Barbara Arnwine, executive director of the Lawyers’ Committee for Civil Rights Under Law. She also said some poll workers were demanding identification from voters, in violation of state law.
Proud voters are already posting photos of their ballots on Instagram—sometimes with the names of their chosen candidates filled in. But before you snap a shot of your vote, you might want to check your state laws. As the Citizen Media Law Project points out as part of their guide to documenting the 2012 election, showing your marked ballot to other people is actually illegal in many states. Laws against displaying your ballot are motivated by concerns about vote buying, since voters being bribed might need to be prove they voted a certain way. While laws vary from state to state, the penalties for showing your ballot can be stiff.
Hundreds and potentially thousand of voters in Florida’s Pinellas County received automatic calls from the local supervisor of elections mistakenly informing them that they had until 7 p.m. tomorrow to cast their votes. Of course, they actually have until 7 p.m. this evening. According to the Tampa Bay Times, the calls went out between 8 a.m. and 8:30 a.m. on Tuesday because of a phone system glitch.
Security experts warned that New Jersey’s plan for e-mail-based voting was a recipe for problems, and anecdotal evidence is starting to trickle in that the system isn’t working as well as organizers had hoped. One address used to request ballots was not even accepting e-mail late Tuesday morning. And in another county, an election official responded to…
There was the actual storm. Then there is the metaphorical perfect storm. With polls showing a close presidential race, fears have risen that the integrity of Tuesday’s presidential election could be thrown into doubt by either damage from super storm Sandy, which has created enormous voting challenges in New York and New Jersey, or the confluence of ballot box disputes in battleground states. Armies of lawyers were at the ready Monday as tussles continued over voting, especially in Ohio and Florida, the two states considered most likely to throw the presidential election into an overtime ballot dispute reminiscent of the Bush-Gore race of 2000.
After 7:30 p.m. today, it’s no longer about which candidate you voted for. It’s about which votes get counted. If today’s presidential election in Ohio is too close to call, the state’s complicated process for counting provisional ballots will likely face national scrutiny. The process will play out slowly and painstakingly over the next couple weeks, and in the end, Republican Secretary of State Jon Husted ultimately could be the person who decides which provisional ballots must be counted and which will be tossed. “That will get dicey,” said Edward Foley, director of Election Law @ Moritz, a program at the Ohio State University’s Moritz College of Law. “That just shows a structural weakness in our system.”
It’s a crisp, clear, and cold day in Ohio, a state that everyone believes to be critical. On the ground floor of the Ohio State University building I’m in right now, there’s a long line of students waiting to cast their votes, some for over an hour we’re told. It will be a long day for them, and it could be a long night for all of us if it’s close. Well before the first ballots were cast, the candidates and their allies were in court fighting over the rules. In Ohio, there were two especially important court orders issued in the weeks before Election Day.
With a heavy turnout across the Philadelphia region, election officials were scrambling to instruct voters on the state’s most recent rules on photo identification but were giving out bad information. The Committee of Seventy election watchdog agency said one of the biggest problems in the city and suburban Philadelphia counties was poll workers telling voters that they needed to have voter ID before they could cast ballots. “There’s a lot of honest misunderstanding, and maybe some not so honest,” said Zack Stalberg, the committee’s CEO. “There’s a good deal of confusion.”
Reddit, Twitter, cable news, and the universe at large have been figuratively blowing up today over a YouTube video that appears to show a Pennsylvania voter attempting to select “Barack Obama” on a voting machine and watching in alarm as the machine selects “Mitt Romney” instead. The video is embedded below. The good news is that it’s unlikely this is an indication that anyone, man or machine, is trying to systematically steal the election. That’s partly because these sorts of glitches are actually not that uncommon on voting machines. Which I suppose is also sort of the bad news. I spoke with David Dill, a computer science professor at Stanford and founder of the nonprofit watchdog group Verified Voting, to get his take on the apparent glitch. Dill told me it looks like a classic case of “vote-flipping,” a problem that has cropped up sporadically in U.S. elections since the dawn of voting machines.