The Voting News Weekly: The Voting News Weekly September 17-23 2012

[caption id="" align="alignleft" width="260"] New York’s Fine Print Ballots[/caption]

USAToday reported on the continuing concern over the accuracy and reliability of America’s aging electronic voting equipment. Early Voting began in several States, while court challenges over controversial voting laws are still pending. Voting rights advocates expressed concern over organized polling place challengers. Secretary of State Scott Gessler is undaunted by the lack of evidence of voter fraud in his quest to purge Colorado’s voter rolls. Similarly Iowa Secretary of State Matt Schulz continues to defend controversial changes in his State’s eligibility rules. New York City voters complained about ballots that are difficult to read. The Pennsylvania Supreme Court sent a challenge to the State’s Voter ID law back to a lower court. Opposition parties called for a boycott of Belarus parliamentary elections, while Georgia once again experiences cyber attacks in advance of elections.

National: Electronic voting’s the real threat to elections | USAToday.com

Imagine how easy voting would be if Americans could cast ballots the same way they buy songs from iTunes or punch in a PIN code to check out at the grocery store: You could click on a candidate from a home computer or use a touch screen device at the local polling place. It’s not entirely a fantasy. In many states, some voters can already do both. The process is seductively simple, but it’s also shockingly vulnerable to problems from software failure to malicious hacking. While state lawmakers burn enormous energy in a partisan fight over in-person vote fraud, which is virtually nonexistent, they’re largely ignoring far likelier ways votes can be lost, stolen or changed. How? Sometimes, technology or the humans running it simply fail.

National: Amid court challenges, early voting begins in U.S. election | Reuters

The November 6 election is still seven weeks away, but early, in-person voting begins in two states on Friday, even as Democrats and Republicans battle in court over controversial plans to limit such voting before Election Day. Idaho and South Dakota are the first states to begin early voting on Friday, although North Carolina has been accepting absentee ballots by mail since September 6. By the end of September, 30 states will have begun either in-person or absentee voting, and eventually all the states will join in. Much of the focus of the early voting period will be on the politically divided states of Ohio and Florida, which could be crucial in deciding the race between Democratic President Barack Obama and Republican Mitt Romney.

National: The Ballot Cops | The Atlantic

The afternoon before early voting began in the 2010 midterm elections, a crowd of people gathered in the offices of a Houston Tea Party group called the King Street Patriots. They soon formed a line that snaked out the door of the Patriots’ crumbling storefront and down the block, past the neighboring tattoo parlor. The volunteers, all of whom had been trained by the Patriots to work as poll watchers, had come to collect their polling-place assignments. As they waited, the group’s chief trainer, Alan Vera—a mustachioed former Army ranger who likens poll observers to commandos who “jump out of airplanes” and “blow things up”—walked the line, shaking hands. As he would later recall, he then launched into a drill-sergeant routine. “Are you ready?” “We’re ready!” “Strength and honor! Remember your mission! Your mission is the vote!” The next day, King Street Patriots—many of them aging white suburbanites—poured into polling places in heavily black and Hispanic neighborhoods around Houston, looking for signs of voter fraud. Reports of problems at the polls soon began surfacing in the Harris County attorney’s office and on the local news. The focus of these reports was not fraud, however, but alleged voter intimidation. Among other things, poll observers were accused of hovering over voters, blocking lines of people who were trying to cast ballots, and, in the words of Assistant County Attorney Terry O’Rourke, “getting into election workers’ faces.”

National: Deadlines approaching for ballot mailing, voter registration and litigation | NBC

Even as the two presidential candidates fly from one battleground state to another and as the cascade of campaign ads rolls over television viewers, some fast-approaching deadlines are going to determine who will in fact get to vote on Nov. 6. The National Association of Secretaries of State has declared September National Voter Registration Month and Sept. 25 as National Voter Registration Day. In 48 states voter registration deadlines fall in October.  One imminent deadline is this Saturday, Sept. 22, the date – 45 days before the general election – which is set by two federal laws, the Uniformed Overseas Absentee Voting Act and the Military and Overseas Voter Empowerment Act, for election officials to send ballots to voters in the military and to civilian voters living outside the United States.

Voting Blogs: As deadlines loom, push is on to get people registered | electionlineWeekly

With voter registration looming in most states in early to mid-October, advocacy groups, political campaigns and elections officials are putting on a full-court press to get as many Americans registered in time to cast a ballot on November 6. The National Association of Secretaries of State (NASS) has deemed September as National Voter Registration Month, and for the first time this year, the country will celebrate National Voter Registration Day on September 25. National Voter Registration Day was created by a working group of organizations including Asian Pacific American Labor Alliance Education Fund, Bus Federation Civic Fund, Fair Elections Legal Network, League of Women Voters, Nonprofit Vote, and Voto Latino.

National: Voter Purges Under Review Ahead Of Election Day | NPR

Noncitizens aren’t allowed to vote in federal and state elections, but efforts to remove them from the nation’s voter registration rolls have produced more angst than results. Opponents say the scope of the problem has been overblown; those behind the efforts say they’ve just begun to look at the problem. Last year, Florida officials said they found 180,000 possible noncitizens on the voter registration rolls. Officials in Colorado said the number in their state was about 11,000. But it turns out many of these people were citizens. Now, after some names were checked against a federal immigration database, the number of suspected noncitizens is closer to a few hundred. Even those numbers are under review.

National: Minor candidates are main focus of federal election funding program | The Washington Post

President Obama and Republican Mitt Romney have little need for public funding for their campaigns, given that, together, they have about $1 billion behind them. But Jill Stein, the Green Party candidate, could use a little help: She had raised only $283,000 as of the end of July. Her campaign officials, however, say they are having trouble getting the public funding fast enough to pay the campaign debts. They have been quick to find a culprit and allege a minor conspiracy by Democrats on the Federal Election Commission, hinting that the commissioners are seeking to limit Stein’s ability to peel off liberals who would otherwise support Obama. In a letter to the panel, the campaign’s general counsel wrote, “It is our understanding that one reason for the delays . . . was due to that fact that the Democratic Commissioners were already in Charlotte, NC, for the Democratic National Convention, and were thus unavailable to sign off.”

Colorado: Scott Gessler, Colorado’s ‘honey badger,’ may be most closely watched election official | The Washington Post

Colorado Secretary of State Scott Gessler has a deeply partisan past, a dedicated cadre of supporters, a long list of enemies, a colorful nickname bestowed by liberal detractors and a Web site dedicated to “watching” him. The scrutiny will only get more intense between now and November as the “honey badger of Colorado politics” — a reference to the ferocious, fearless animal — presides over voting in a battleground state that could help decide the presidency. Gessler may be the most closely watched election official in the country, heightened by Colorado’s prominence, his ready-to-rumble personality and a series of loud disputes with what he has termed the “angry left.”

Colorado: Denver clerk sues Gessler over mailing ballots to inactive voters | The Denver Post

Denver Clerk and Recorder Debra Johnson on Wednesday sued Colorado Secretary of State Scott Gessler, challenging a rule from his office to block ballots from being mailed to inactive voters in city and school board elections. “The election rules adopted in August by the Colorado secretary of state prohibiting the mailing of ballots to inactive-failed-to-vote voters in nonpartisan and coordinated elections infringes on Denver’s status as a home rule city and county,” Johnson said in a statement. “We believe that the secretary of state is overstepping his authority by trying to control who gets ballots in local municipal elections.

Connecticut: Mystery ballot fails to solve deadlocked primary race in Connecticut | U.S. News

Two recounts and a mystery absentee ballot have failed to produce a  winner in a deadlocked Democratic primary race in Connecticut’s 5th General Assembly District. The race between challenger Brandon McGee and party-endorsed candidate Leo Canty remained tied 774-774 after a second recount in Hartford on Tuesday resulted in no changes to the vote totals, The Hartford Courant reported. Election officials then thought an absentee ballot in an envelope labeled “deceased” would put an end to the race. That ballot had not been counted during the original election or during the two recounts, the Courant reported. Officials discovered Tuesday that the ballot was legitimate because it was cast by an elderly – but very much alive — woman who lives in a nursing home.

Florida: State defends early voting limits in federal court | MiamiHerald.com

A federal judge on Wednesday questioned the decision by the GOP-controlled Florida Legislature to limit the number of early voting days heading into this year’s crucial presidential election. Judge Timothy Corrigan, an appointee of President George W. Bush, held a three-hour hearing in a Jacksonville courtroom on whether he should block the 2011 law that cut the number of days from 14 to eight. The court battle comes just weeks before voting is scheduled to start in the key swing state and is one among a series of legal battles dealing with Florida voting procedures. U.S. Rep. Corrine Brown, D-Fla., as well as the Duval County Democratic Party and a civil rights group, filed a lawsuit this summer that challenges the law. Their lawsuit contends that the move was discriminatory because blacks voted early in higher percentages, especially during the 2008 election in which President Barack Obama carried Florida.

Idaho: Idaho justices hear Coeur d’Alene election challenge | Spokesman.com

The Idaho Supreme Court heard arguments today in a challenge to the outcome of a Coeur d’Alene City Council election from November 2009. Jim Brannon, who narrowly lost a council seat to Mike Kennedy, pressed his lawsuit against the city to the state’s high court after losing in district court nearly two years ago. Coeur d’Alene lawyer Starr Kelso, arguing Brannon’s appeal, raised nearly two dozen issues in the case in filings with the Supreme Court.

Maryland: Early voting in Maryland faces crucial test in November | The Daily Times

Early voting in Maryland was meant to make the ballot box more accessible by giving voters additional chances to cast their ballots, but instead, the perceived shortcomings of the program have spawned a debate over costs, benefits and partisan bias. Early voting turnout has been low since its introduction in 2010. Only 2.4 percent of all eligible voters cast their ballots ahead of the April 3 primary election — roughly the same as in 2010. Compared to the 2006 election, total turnout in 2010 stayed flat, with one in two Marylanders voting, though about 6 percent of those voters cast their ballots before Election Day, according to data from the Maryland State Board of Elections.

Pennsylvania: Panel picks apart Pennsylvania voter ID law | The Times-Tribune

The devil is in the details of a controversial voter identification law being appealed in the lower courts of Pennsylvania this month, and registered voters need to educate themselves on those details before voting in November, panelists said at a forum Wednesday night. “It’s one of the most restrictive voter ID laws in the country,” said Sara Mullen, associate director of the American Civil Liberties Union of Pennsylvania. The commentary came during a voter identification forum at the University of Scranton on Wednesday night in front of a crowd of about 30 people. Panelists discussed the law as it stands now and what it meant for voters, who will be required to present government issued photo identification that also has an expiration date.

Pennsylvania: Democrats, Republicans Battle Over Voter ID Laws | VoA News

A court battle over the state of Pennsylvania’s controversial voter identification law is being seen as a proxy in the battle between Republicans and Democrats.  The Pennsylvania Supreme Court has asked a lower court to reconsider its earlier ruling in favor of the law.  Republican legislatures across the country have pushed voter ID laws – ostensibly to prevent voter fraud.  Democrats argue the laws are an attempt to suppress minority voter turnout. Democratic volunteers are canvassing Philadelphia neighborhoods with information on the state’s new voter ID law. The Republican-sponsored law requires voters to have state-approved photo ID to vote. But more than 700,000 voters may not have one.

Texas: Dispute over ‘dead’ voters in Harris County is finally resolved | Houston Chronicle

The running dispute over presumed-dead voters on Harris County rolls was substantially resolved Wednesday between the Texas Secretary of State’s office and Harris County’s tax registrar just hours before a Travis County judge issued an order that temporarily prevents the removal of names from registration lists statewide. About 9,000 Harris County voters got letters this month from the office of Harris County Tax Assessor-Collector Don Sumners, who also serves as the voter registrar, stating that records suggested that they are deceased and that they must act within 30 days to stay on the rolls. The local names are among more than 70,000 on a statewide list generated by the secretary of state using the Social Security Administration’s master death file as required by state law. The federal agency’s compilation has been determined as sometimes incorrect.

Belarus: Belarus denies visas to two European poll observers | The Financial

Belarus has denied visas to two observers who planned to monitor Sunday’s parliamentary polls in the isolated country for the OSCE mission, Europe’s security and rights body said Wednesday. “Two parliament members from Germany and Lithuania who planned to observe the elections were told they would be denied visas” by the Belarussian foreign ministry, the OSCE Parliamentary Assembly said. Visa denials to European lawmakers from international observer missions are extremely rare, and the last time Minsk barred foreign observers was in 2006, said spokesman for the OSCE Parliamentary Assembly Neil Simon. Simon named the two banned observers as Marieluise Beck from Germany and Emanuelis Zingeris from Lithuania.

Ukraine: Expensive elections in a poor nation | Kyiv Post

As the famous Beatles song goes, money can’t buy love. But it may buy votes. At least that’s what candidates in the upcoming Oct. 28 parliamentary election seem to be banking on. With the election just a little more than five weeks away, the parties and candidates have spent hundreds of thousands of dollars officially. But many think the actual spending is much higher, just off the books, like much of Ukraine’s economy. Where the money is coming from is a tightly kept secret by political parties and leaders.  “We are a poor country with very expensive elections,” joked political analyst Volodymyr Fesenko. Four out of the top parties leading in opinion polls, including the pro-presidential Party of Regions, United Opposition, Communists and Natalia Korolevska’s Ukraine-Forward refused to provide any official information about their campaign budget and financing sources. “Go to a bank and try asking about their money. Would they tell you any numbers?” asked Communist Party Spokesman Petro Shelest, oblivious to the notion that the people who will elect or not elect communists have a legitimate interest in knowing who is backing them. His boss, Communist Party leader Petro Symonenko, promised to reveal the financial information in a formal report filed with the Central Election Commission (CEC) after the vote, an election law requirement that experts say offers little real oversight and controls. Other top parties are making the same promise, saying that the info will be released within 15 days after election.

Colorado: Lack of evidence doesn’t stop Colorado from going after voter fraud | Examiner.com

Colorado Secretary of State Scott Gessler has been investigating voter fraud for over a year even though concern over ballots being cast by thousands of voters who aren’t U.S. citizens has been founded on myth, not math. “It’s created an atmosphere where voters, even ones who are entitled to vote, fear their registration may not be valid or that they’ll be challenged at the polls,” said Elena Nunez, executive director of Common Cause, a liberal group that has tangled with Gessler over election issues. More than a year ago Gessler said there could be in excess of 11,000 noncitizens registered to vote in Colorado. Earlier this month, the Republican Secretary of State announced that his office had found only 141 people who were noncitizens registered to vote out of 1,416 names run through a federal database, and of those 141, only 35 who had cast ballots. That number represents 0.001 percent of Colorado’s 3.5 million registered voters.

Iowa: Secretary of State’s voter eligibility investigation on hold after judge issues injunction | Des Moines Register

Rules governing an effort to verify the eligibility of thousands of Iowa voters cannot be enforced while a lawsuit challenging their validity goes forward, a Polk County judge has ruled. Judge Mary Pat Gunderson issued a temporary injunction to stay the implementation of the rules late Friday afternoon. The ruling casts no judgment on the merits of the case, but means Secretary of State Matt Schultz’s effort to check the citizenship status of more than 3,500 voters is on hold for the time being. Schultz has identified the potentially ineligible voters by comparing the state’s voter rolls to a Department of Transportation list of legal aliens who have obtained driver’s licenses. He’s now seeking to verify those voters’ citizenship status by cross referencing the list against a federal immigration database. The rules enjoined on Friday were passed earlier this summer through an emergency rulemaking process as part of Schultz’s effort to gain access to the federal database.

National: Smartmatic Sues Dominion Voting Systems for Licensing Breach and Improper Business Practices | Rock Hill Herald

Smartmatic International, a global technology company that develops advanced voting systems to support elections worldwide, has filed suit in the Delaware Court of Chancery against Dominion Voting Systems for that company’s alleged breach of a licensing agreement and tortious interference with Smartmatic’s business. The lawsuit is seeking compensation from Dominion for allegedly withholding technology and services that had been licensed to Smartmatic, and for Dominion’s intentional actions to denigrate Smartmatic’s brand and undermine its relationship with customers and prospects. “This lawsuit is necessary because of Dominion’s persistent refusal to deliver technology that Smartmatic legally licensed,” said David Melville, General Counsel of Smartmatic. “We intend to recover the costs of rectifying a basic Dominion software error that nearly affected the 2010 Philippine elections, which we went to great lengths and expense to correct in keeping with our commitment to maintain the highest standards of election integrity and transparency.”

National: Voter ID Laws Countered In Congress With New Legislation | Huffington Post

Fourteen members of Congress have co-sponsored a bill that would override a recent spate of voter identification laws, passed in more than a dozen states to require voters to present government-issued photo ID in order to cast a ballot. Rep. Rick Larsen, a Washington Democrat, has introduced the “America Votes Act of 2012,” which he and other Democrats hope will counter the wave of new voter ID legislation passed by Republican-led legislatures across the country. The bill would allow voters to sign a sworn affidavit to prove their identity in lieu of providing government-issued photo identification such as a driver’s license or passport. The voter would then be able to cast a standard ballot and not a provisional ballot, the latter of which can be contested or thrown out for any number of procedural reasons under current voting ID laws.

Editorials: Voter ID laws and roll purges are the real defrauding of US democracy | Ana Marie Cox/guardian.co.uk

There are three inducements of support that Americans are powerless against: the promise of whiter teeth, the suggestion of no-diet weight loss and the cause of justice. Political campaigns tend to couch their appeals in terms of the last, though parts of the Romney-Ryan economic pitch could be described as the second. In today’s truly divisive debates, both parties have usually engineered a rhetorical claim to the side of fairness: gay rights advocates propelled themselves forward when they began to argue for “marriage equality” against the outdated complaint of “special rights”. Americans rankle at unearned privileges as much as they rally, in the main, to equality. Hence the widespread, enthusiastic support of voter ID laws (they poll with about 75% in favor) makes total sense if you see the laws exactly the way their authors and promoters talk about them – as barriers to voter fraud. After all, voter fraud is when criminals unfairly manipulate voting, the most basic expression of fairness available in a democracy.

Colorado: Election activist claims she’s broken Boulder’s ballot code | Boulder Weekly

The election reform advocate who has been blowing the whistle on ballots that can be traced back to voters is claiming that she “broke the code” to Boulder County’s ballot-numbering system last week. But Boulder County Clerk and Recorder Hillary Hall submitted a new, more complex vote-counting process to Secretary of State Scott Gessler this week, and that may make the discovery moot. Marilyn Marks, who filed suit against Gessler and several Colorado counties after it was revealed that ballots could be traced back to voters in Chaffee County, told Boulder Weekly that she figured out how to track voter identities using Boulder County’s system of serial numbers and bar codes, an approach that she says violates state law. The state Constitution says “no ballots shall be marked in any way whereby the ballots can be identified as the ballot of the person casting it.” In response to the Chaffee County discovery, Gessler issued an emergency rule saying counties must stop using numbers on ballots.

Connecticut: Voter mistaken for dead in crucial tied recount | UPI.com

The outcome of a Connecticut primary election hinges on the vote of a woman whose absentee ballot was marked “Deceased” but is very much alive, officials say. A recount Monday in the Democratic Party’s 5th General Assembly District primary found the party-endorsed candidate, Leo Canty, tied with challenger Brandon McGee at 774 votes each. At issue is an uncounted ballot, still in a sealed envelope and marked “Deceased,” the Hartford Courant reported Wednesday.

Connecticut: Sample ballots in Connecticut list candidates in no particular order | The Middletown Press

Sample ballots were sent to town election administrators Monday and, in anticipation of a state Supreme Court ruling, the candidates on those ballots were in no particular order. The same day, attorneys for the Republican Party of Connecticut and the Secretary of the State’s office issued arguments for and against the contention that a lawsuit brought by the GOP should not have made it to the Supreme Court. That lawsuit is causing a delay on the final order of candidates for Election Day ballots. The GOP took Secretary of the State Denise Merrill to court after she decided Democrats should get the top ballot line. Republicans say state law dictates otherwise.

Hawaii: State elections panel frustrated by Hawaii County problems | KGMB

Members of the State Elections Commission expressed frustration with troubled Hawaii County Clerk Jamae Kawauchi at their monthly meeting Tuesday as state elections officials made plans to send a key staffer back to the Big Island to help troubleshoot on Election Day. During the primary election Aug. 11, more than dozen Hawaii County polling places opened late, causing Gov. Neil Abercrombie to order all election sites on the island to be kept open an hour and a half late, delaying election returns statewide.  Tuesday, the county clerks from three counties were present at the election commission meeting, but Kawauchi was absent, just as she was missing from the August meeting.  Her attendance there was not mandatory but in the cooperative community of election officials, her absence created concern less than two months before the general election.