Voting Blogs: OSCE vs. Texas and Iowa: The Facts Behind the Fight | Election Academy

One of the stranger stories to emerge from the pre-election “silly season” is the fight between state officials in Texas and Iowa and international observers from the Office of Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe (OSCE), who are in the United States preparing for their sixth mission to observe the election process since 2002. Specifically, last week Texas’ Attorney General threatened to arrest observers from the OSCE/ODIHR team if they come within 100 feet of a Texas polling place on Election Day. Iowa’s Secretary of State issued the same warning earlier this week regarding any observers within 300 feet of an Iowa polling place.

National: EAC: The Phantom Commission – Agency Formed to Restore Confidence in Elections Is in Disarray | Roll Call

A federal agency created to restore confidence in the election process in the wake of Bush v. Gore sits all but leaderless as the country approaches Election Day. As local election officials scramble to sort out last-minute issues — Palm Beach County, Fla., for example, recently hired dozens of workers to hand copy about 27,000 misprinted absentee ballots — the U.S. Election Assistance Commission operates, on its 10th anniversary, as a shell of what Congress designed it to be. Its four commissioner spots are vacant. The executive director resigned last year. Its general counsel left in May. It has lacked a quorum to conduct official business for almost two years. Congressional gamesmanship has hamstrung the commission by neither giving it necessary resources nor eliminating it outright. “It’s a national embarrassment that this agency, whose only mission is to provide information, doesn’t have a single commissioner,” said Rick Hasen, an election law expert at the University of California, Irvine.

Voting Blogs: The Counting Rules for Overtime: Materiality | ElectionLaw@Moritz

Recently, in this space, Ned Foley, Steve Huefner, and Josh Douglas have offered some characteristically thoughtful comments on election overtime. Ned reminded us thatpatience is a virtue; we have a process to work through narrow margins of victory, and even in a world a-Twitter, we should let the process run its course without panic. Steve mentioned a model calendar for shaping that process, at least in the context of a Presidential dispute. And Josh discussed the fora provided by state law in which to work through the details. At the kind invitation of the Moritz team, I would like to add a fourth element to the discussion: neither the appropriate emotional disposition for a post-election process nor timing nor location, but the substantive standards to be deployed. I think it extremely unlikely that the Presidential race will head into overtime. But it is virtually certain that some race, somewhere in the country, will. And it is therefore important to be prepared.

National: Experts warn hackers will breach online voting systems | ITProPortal.com

As one of the world’s biggest electoral showdowns nears its conclusion over in the US, fears are growing in IT security that hackers may soon be able to affect the outcome of such a contest by breaching online voter databases. With governing bodies continuing to utilise Internet platforms for voter registration, and hacking collectives growing in sophistication, some experts believe a serious breach of electoral data is inevitable. While Barack Obama and Mitt Romney jostle for power in America, states including Maryland, Washington, Arizona and California have either implemented online voter registration systems already, or have passed bills proposing the move.

Colorado: GOP cites voting-machine errors | The Denver Post

The Republican National Committee on Thursday called upon Secretary of State Scott Gessler and elections officials elsewhere to look into reports of malfunctioning touch-screen voting machines that may be casting votes for Barack Obama when a voter meant to pick Mitt Romney. In Colorado, Republican officials pointed to a single example of a malfunctioning machine in Mesa County. The GOP asked that voting machines be recalibrated before the polls open Tuesday, that extra technicians be provided and that polling places remind voters to double-check before submitting their selections. In Arapahoe County, where touch-screen machines are the principal means of in-person voting, Clerk Nancy Doty, a Republican, said the request to recalibrate the machines on Election Day was unreasonable. “We have 650 machines,” Doty said. “They’ve already been tested.”

Colorado: Potential voting machine error could cast incorrect ballot | 9news.com

The Colorado Secretary of State’s Office is reviewing a letter from the Republican National Committee that claims action needs to be taken to remedy reports of voting machine errors. The letter, released Thursday, was written to election officials in six states, including Colorado. The Secretary of State’s Office is currently reviewing the requests in the letter. The RNC writes, “In a significant number of cases, voting machines in your states have populated a vote for Barack Obama when a voter cast his or her ballot for Mitt Romney.” The RNC requests four actions to “mitigate any potential machine errors.”

Florida: Glitch in Florida’s Voter Registration System can Disenfranchise Absentee Voters | electionsmith

A couple weeks ago, when we were investigating for our academic research patterns in rejection rates of absentee and provisional ballots cast in the August 14, 2012 primary election, we discovered some anomalies in the Florida statewide voter file. Upon further investigation, and after following up with some county Supervisors of Elections, we believe that we have found a troubling anomaly in Florida’s Voter Registration System. This oversight that we stumbled upon has the potential to disenfranchise registered voters who mailed in absentee ballots from their counties of residence and then subsequently updated their voter registration addresses with new information to reflect having moved.  By being vigilant and updating their voter registration information to reflect their current addresses, these voters risk becoming “self-disenfranchised.”

Minnesota: Minnesota voter ID amendment: Judge rejects GOP senators’ complaints on Ritchie’s comments | TwinCities.com

An administrative law judge has dismissed a complaint filed by two Republican state senators that Secretary of State Mark Ritchie violated state law through his comments on the proposed voter ID constitutional amendment. Sens. Scott Newman of Hutchinson and Mike Parry of Waseca complained to the state Office of Administrative Hearings in October that Ritchie, a Democrat and amendment opponent, made false statements and improperly used his office to work against the amendment. The complaint focused on statements that Ritchie made on the Secretary of State website and through other communications.

Nevada: States rebut RNC complaints about e-voting systems | Computerworld

In a sign of increasing anxiety over the use of electronic voting machines, the Republican National Committee this week alleged problems with e-voting machines in six states that use them for early voting. John Phillippe, general counsel of the RNC, contended in a letter to the secretaries of state in Nevada, Ohio, Kansas, North Carolina, Missouri and Colorado that voting machine errors caused some early votes cast for Gov. Mitt Romney to be credited to President Barack Obama. Phillippe said in the letter that the RNC learned about the alleged voting machine errors from media and citizen reports. The RNC letter evoked an angry response from a Nevada Secretary of State Ross Miller, who called the RNC claims “irresponsible” and “unfortunate,” and said that they are based on rumor, hearsay and unconfirmed media reports.

North Carolina: Guilford County Voting Issues Make National News | Greensboro Times

This week Guilford County Board of Elections Director George Gilbert said he had a major, major scoop for The Rhinoceros Times. “There are other inhabited planets,” Gilbert said. “There are other planets with life on them.” He said that, though he had wondered before, he could now confirm that fact because, after some recent nationwide publicity over a few calibration errors in Guilford County’s voting machines, he was hearing not only from other parts of the country, but also, seemingly – based on the content of the calls – from those who lived in other solar systems. “Some of the calls I’ve gotten – well, they’re from another planet,” an exacerbated elections director said.

North Dakota: A recount could put spotlight on North Dakota’s unique voting rules | INFORUM

A tight U.S. Senate race in North Dakota between Rick Berg and Heidi Heitkamp has some people talking about a possible recount. There is also talk a recount would create nightmares based on North Dakota’s election rules and the fact it is the only state without voter registration. North Dakota Secretary of State Al Jaeger finds this kind of talk irritating. “We’ve done recounts in the past. We know how to do them. If we have a recount, we are prepared,” said Jaeger, who expects strong scrutiny from political parties and their attorneys if a recount is necessary. And he knows what he will tell them: Look, here’s the law, here’s what we’re going to do and this is the plan we’re going to follow.

Ohio: Voting machine problems: Reports across county of wrong candidates being selected | wtsp.com

Sophie Rogers, director of the Marion County Board of Elections, said the incident involving an errant vote has been settled. “We have to assure the members of Marion County that there is nothing wrong with the election,” she said on Wednesday. When a Marion Star article pointing out the problem a local early voter had getting her vote to register properly hit the internet, it sparked national attention. With numerous callers and emailers contacting The Star, including readers from Florida, Oregon, Texas and New York, it is not an isolated incident.

Ohio: Problems pop up as Election Day draws near | The Columbus Dispatch

Unlike past elections, an initial wave of election results should pour in from across the state Tuesday night within 45 minutes after the polls close. But that doesn’t mean it will be time to call the race. “My expectation is we will be able to declare a winner on election night,” Secretary of State Jon Husted said yesterday during a briefing about Election Day and beyond.But he also projected that final, unofficial counts might not be finished until 3 a.m. the day after the election.

Oregon: Ballot tampering reported in Clackamas County | KATU.com

Authorities said Friday they were investigating suspected ballot tampering by an election worker in one of Oregon’s most populous counties. Clackamas County Clerk Sherry Hall said a criminal violation of election law was uncovered by her office Wednesday and reported to the secretary of state’s Elections Division. Hall declined to identify the worker or describe the specific nature of the violation.

Virginia: Election Results Could Come Late Due to Virgina Voter ID Law | Newsplex

The new voter ID law in Virginia, which took effect earlier this summer, just doesn’t change how people vote — it also changes when the official results of the election will be released. “I don’t really know, since this is the first time really that the ID law has been into affect, what it’s going to do,” Charlottesville registrar Sheri Iachetta said. When Virginia’s voter ID law went into effect, it wiped out the affirmation of identity, the alternative for voters who didn’t have an ID with them. The signature would allow the person to vote.

Virginia: Fairfax Democrats sue over polling-place observers | The Washington Post

The Fairfax County Democratic Committee is suing state and local elections officials over what the committee says is an illegal attempt by Republicans to change rules about elections observers with the aim of reducing votes in Virginia’s biggest Democratic stronghold. The lawsuit, filed Wednesday in Fairfax County Circuit Court, centers on what Democrats say are new restrictions on party observers inside polling places.

Guinea: Guinea swears in new electoral commission | Reuters

Guinea has sworn in a new electoral commission after an initial boycott by the opposition, which claimed the government had tampered with its list of nominees, state television announced on Thursday. A political stalemate in the world’s top bauxite producer has since last year stalled legislative polls needed to complete a shift to civilian rule after a 2008 coup and unblock international aid.

Zimbabwe: Zimbabwe Electoral Commission Goes Digital | allAfrica.com

Election results will be electronically transmitted countrywide to undo claims of vote tampering, the Zimbabwe Electoral Commission has said. Acting ZEC chairperson Mrs Joyce Kazembe said the commission was installing software linking the national command centre with all district offices nationwide to enable ZEC to electronically transmit election results without fear of people tampering with the outcome.

Colorado: GOP cites voting-machine errors | The Denver Post

The Republican National Committee on Thursday called upon Secretary of State Scott Gessler and elections officials elsewhere to look into reports of malfunctioning touch-screen voting machines that may be casting votes for Barack Obama when a voter meant to pick Mitt Romney. In Colorado, Republican officials pointed to a single example of a malfunctioning machine in Mesa County.

National: Election experts expect close scrutiny, unavoidable glitches | latimes.com

Peg Rosenfield has been monitoring elections for the League of Women Voters in Ohio for almost 40 years and has seen just about every voting glitch imaginable. She says there’s a saying among election workers: “Please, God, make it a landslide.” In a landslide, there is no quibbling over hanging chads or provisional ballots or registration requirements or rigged voting machines or whether ballots were cast by the dead. A winner is declared, a loser concedes — election over. No one expects a landslide when Americans go to the polls on Tuesday. As in 2000 and 2004, there is great potential for the race to be too close to call immediately in some states, and the possibility that the presidency will hang for days or weeks on a recount, or on the counting of provisional or late-arriving absentee ballots. It is possible the election won’t be decided at the polls alone, but, as in 2000, that it will determined in court — or in Congress.

National: Sandy-Caused Power Outages May Complicate Election Day | Bloomberg

Election officials across the U.S. Northeast say they are determined to minimize disruption to Nov. 6 presidential voting in the region’s hardest-hit areas after super-storm Sandy knocked out power to 8 million customers.  Officials are surveying damage and deciding how to conduct voting in areas without power. Service may not be restored for as long as 10 days to more than 2 million New York customers, mostly on Long Island and in New York City. Another 2.6 million customers in New Jersey and 627,000 in Connecticut were without electricity, according to the U.S. Energy Department.

Voting Blogs: Who Decides a Post-Election Dispute? | ElectionLaw@Moritz

This post highlights a chart containing information about who would decide a post-election challenge in each of the fifty states, broken down by type of election. To access the chart, click here. For a summary and further analysis, read on. Doomsday scenarios abound regarding an election that might last into extra innings. What will happen if, on the morning of Wednesday, November 7, we do not know who won the presidential election, or other races? More menacingly, what happens if post-election challenges last several weeks, beyond the routine provisional ballot and recount procedures?

California: City Hall sends faulty voting materials to Malibu | Santa Monica Daily Press

City and county election officials are imploring Malibu voters to stick to their county-issued voting materials when they mark their ballots after it was discovered that numbers in Santa Monica-issued materials did not correspond to Malibu ballots. The problem is confined to two voting groups in Malibu who participate in the Santa Monica-Malibu Unified School District election. Vote-by-mail ballots include a voter guide that shows the names of candidates or measures and a corresponding number. To vote for that candidate or measure, a voter bubbles in an oval next to the number that indicates their choice.

Colorado: 3 Colorado counties’ touch-screen voting machines worry activists | The Denver Post

For months, a group of election activists has complained about Secretary of State Scott Gessler’s oversight of touch-screen voting machines used throughout Colorado that critics say are vulnerable to tampering and malfunctions. Gessler argues strongly that the voting machines are reliable, but critics say that in a close presidential election in swing state Colorado, and in places like Arapahoe County — where touch-screen machines are still the principal means of casting an in-person ballot — a mishap with the devices could tilt the race. Colorado’s touch-screen machines, they say, could become the “hanging chads” of 2012. “The secretary of state has not enforced his own voting security laws and regulations for touch-screen machines since he was elected,” said Paul Hultin, an attorney representing a group of voters who brought a 2006 lawsuit challenging the machines’ reliability.

Illinois: WBEZ answers what Chicago’s done to secure voting machines | WBEZ 91.5

Can we trust the machines that record our votes in local polling places? That’s the gist of the question that listener Ryan McIntyre submitted to Curious City. Like many people across the country, McIntyre is worried that election results could be manipulated by today’s electronic voting machines. Here’s how he phrased his question: “After watching the HBO documentary, ‘Hacking Democracy,’ I find using the electronic voting machines, usually by the corporation Diebold, very frivolous since they can so easily be tampered with. Entire elections can be manipulated, vote totals, everything. Before I make my vote I demand that I use the paper ballot. What is being done to eliminate these machines from use in the city of Chicago, a city known to be ravaged by dirty politics anyways? My question can include the entire state of Illinois, not just Chicago.” The simplest answer to McIntyre’s question is that elections officials in Chicago, suburban Cook County and other local jurisdictions are likely to stick with the machines they’re using now, at least for the foreseeable future. And for what it’s worth, Diebold, which is now called Premier Election Solutions, didn’t make any of the voting machines used anywhere in Illinois, according to a database maintained by The Verified Voting Foundation, a nonpartisan, nonprofit group based in California.

Iowa: Secretary of State Schultz: International voting monitors face arrest in Iowa

Iowa Secretary of State Matt Schultz warned a group of international voting monitors that they face arrest if they monitor polling locations in Iowa next week. “My office met with two delegation representatives last week to discuss Iowa’s election process, and it was explained to them that they are not permitted at the polls,” Schultz said in a statement released Tuesday. “Iowa law is very specific about who is permitted at polling places, and there is no exception for members of this group.”

North Dakota: Judge says North Dakota ban on Election Day campaigning violates free speech rights | Grand Forks Herald

A federal judge on Wednesday barred state and local prosecutors from enforcing North Dakota’s ban on Election Day campaigning, saying the century-old restriction violates political speech rights. “There is no valid justification for the law in modern-day society, nor any compelling state interest offered to support its continued existence,” Judge Daniel Hovland wrote in his 13-page decision. Attorney General Wayne Stenehjem said Wednesday that Hovland’s ruling will not be appealed. He will ask the Legislature next year to repeal the law, Stenehjem said.

Ohio: Election may not wrap up Tuesday | The Columbus Dispatch

If the presidential election really does come down to Ohio, and the Buckeye State is as close as some recent polls indicate, America might not know its next president until December. That could plunge Ohio into the middle of a bitter legal drama reminiscent of the 2000 presidential election in Florida. From hanging chads to butterfly ballots, the Sunshine State came under heavy criticism for how it conducted the vote, which was eventually decided by the U.S. Supreme Court. Could Ohio withstand similar scrutiny? “Truthfully, it will likely come down to one simple question: Is it close?” said Aaron Ockerman, executive director of the Ohio Association of Elections Officials. “If it is, and the scenarios (outlined below) come true, things will get ugly.

Ohio: Search For Mythical Voter Fraud Leads To False Sighting In Ohio | Huffington Post

Right-wing activists bent on exposing the alleged epidemic of in-person voter fraud suffered a major misfire over the weekend when anonymous pollwatchers set off alarms over groups of Somalis getting rides to a central Ohio early voting center. Many members of the large Somali community in and around Columbus are U.S. citizens and therefore have the constitutional right to vote. But that didn’t stop the conservative Human Events website from warning of “troubling and questionable activities” — or the Drudge Report getting its readers exercised about “Vanloads of Somalians driven to the polls in Ohio.” The Human Events story quoted two anonymous pollwatchers complaining of “Somalis who cannot speak English” arriving in groups, being given a slate card by Democratic party workers outside the polling place, then coming in and being instructed by Somali interpreters on how to vote. The article also raised the question of “whether a non-English speaking person is an American citizen.” One regular contributor to the right-wing American Thinker website likened the voters to “Somali pirates” being used by Ohio Democrats to “hijack the election.” Somali leaders in central Ohio said the charges in the article were upsetting as well as unfounded.