Author Archives: Warren Stewart

The Voting News Daily: Maryland eyes paper voting, OH considers voting bill, MO considers early voting

“Bad Business” says Florida paper about ES&S/Diebold voting machine monopoly…New York voter surprised to hear that election clerk declared him deceased….In Maryland “Will state pull the plug on new voting machines?”…Legislation filed for early voting in Missouri, 30 other states already have early voting…Ohio legislators consider Senate Bill 8 which would impact voter registration, early voting and voter rolls….Good idea? WV approves military internet vote proposal. Meanwhile Hackers Steal South Korean War Plans…

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

FL: Editorial: Bad business
http://www.gainesville.com/article/20091227/OPINION01/912271000/1017
December 27, 2009 Corporate mergers can be good for business. But if mergers lead to less competition and innovation, they are not necessarily good for consumers.

This is especially true when the “consumers” are voters and the product voting machines.

IL: State Eases Absentee Voting Laws
http://illinoishomepage.net/content/fulltext/?cid=124792

IL: New state law puts crimp in secret ballot
http://www.myjournalcourier.com/news/law-24877-state-ballot.html
December 21, 2009 State Sen. William R. Haine said he is working to counter the effect of a new state law that some county clerks say thwarts the whole purpose of a secret ballot.

The Alton Democrat said he has introduced a bill that would amend the law to strike a passage dealing with undercounting of votes.

MD: Will state pull the plug on new voting machines?
http://www.gazette.net/stories/12252009/polinew160336_32547.php
System’s burden on counties, merger of suppliers stoke worry
…
State Board of Elections members expressed concerns last week over how a merger between the two largest voting machine manufacturers, which is the subject of an ongoing antitrust probe, could have skewed the procurement process.

MD: CITIZEN JOURNALISM: Maryland eyes paper voting
http://www.washingtontimes.com/news/2009/dec/29/citizen-journalism-maryland-eyes-paper-voting/
Dec 29, 2009. Election boards may abandon $65 million electronic system
…Despite resources made available by HAVA, Maryland is tentatively planning to return to paper ballots for the 2010 election. Maryland would abandon its $65 million electronic system while continuing to pay off capital lease costs associated with electronic voting machines until 2014, according to a story this month in the Frederick News-Post.
…
In the past decade, the annual budget for the Maryland State Board of Elections has accelerated exponentially. In fiscal 2000, its budget, limited to state funds, was $3.136 million, while in fiscal 2008, with a combination of federal funds from HAVA, state funds and special funds largely coming from county contributions, the Board of Elections’ budget was $27.504 million.

ME: Lawsuit Victories in Maine Referendum Petition Cases
http://www.ballot-access.org/2009/12/29/lawsuit-victories-in-maine-referendum-petition-cases/
December 29th, 2009 On December 21, a lower state court in Maine ruled that if election officials take longer than the time allowed to check petition signatures, then the petition must be deemed valid.

MN: Innovations: City participates in electronic poll book pilot project
http://www.eminnetonka.com/news.cfm?story_id=InnovationsElectronicPollBook
December 22, 2009 The city of Minnetonka has had a longstanding reputation for instituting innovative ideas in order to provide excellent customer service to residents while also using taxpayer dollars wisely.

MO: Legislation filed for early voting in Missouri
http://www.connectmidmissouri.com/news/story.aspx?id=394871
Under Frame’s bill, voters could vote as early as three weeks prior to an election. This measure is similar to House Bill 49, which Frame filed for the 2009 legislative session.

The Voting News Daily: ES&S faces federal hearings, No right to secret ballot in IL? CT Machine recounts machine

Is a Secret Ballot a Right? The answer is NO according to Illinois Attorney General Lisa Madigan: “While plaintiff attempts to suggest to the court that there is a fundamental right to a secret ballot, no such right exists.”
…ES&S/Diebold/Premier faces federal hearings and 14 states have launched investigation into the merger or monopoly…
…CT IRONY #4: Machine Errors Result In Recounting By Machine…

Would a commercial internet voting company know more about security than the pentagon? A Wood County WV commissioner on internet voting pilot for military: “I guess if a hacker can break into the Pentagon’s computer system, they can possibly break into our voting system,” Rick Modesitt, Commission President…

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

CA: A chaotic year for California ballot propositions
http://www.latimes.com/news/local/la-me-initiatives27-2009dec27,0,1838547.story
Signatures are being gathered for more than 50 initiatives — big and small, promising and far-fetched

CO: Election Transparency Litigation: Marks v. Koch
http://aspenelectionreview.blogspot.com/2009/12/election-transparency-litigation-marks.html
The suit has the remaining purpose to obtain access to inspect these public records of which all were displayed to the public on May 5 2009, and hundreds are still available for viewing as part of a GrassRootsTV program from election night. If the City’s motion to dismiss is not accepted by the court, there is a court date set for January 22, 2010 when a hearing may be taking place.

CO: One dozen excuses
http://bit.ly/68DlWL
Dear Editor: Mayor Ireland just sent an intriguing e-mail to the “voting rights community” titled “Why we don’t need your help in running our elections and why a recount is not needed.” It probably wasn’t written to amuse, given the personal attacks in it, but recipients surely chuckled.

CO: Add yours to this list of questions about Aspen’s May 5 IRV election
http://aspenelectionreview.blogspot.com/2009/12/ongoing-list-of-questions-to-aspen-and.html
[We are collecting questions and answers about Aspen’s election and also public verifiability of elections in general on this site. Please contribute your own questions (anonymous questions ok).

CT: CT IRONY #4: Machine Errors Result In Recounting By Machine
http://www.ctvoterscount.org/?p=2732
Possibly some machine problems might be mitigated by such a recanvass, yet if there were an error in memory card programming or an error in the software it is quite likely the same discrepancy would be repeated.

HI: Interim elections chief to be selected Wednesday
http://bit.ly/934yQe

IL: Barrow to challenge Detroit mayoral recount
http://www.freep.com/article/20091224/NEWS01/912240394/1001/News/Barrow-to-challenge-Detroit-mayoral-recount
Dec 24, 2009…Barrow attributes his loss to Bing to vote fraud or gross human error.
…
During the recount, Barrow challenged the November election results on several fronts: mismatched seals on more than 40,000 absentee ballot containers; mismatched seals from poll books of voters’ signatures, and unaccounted for unused ballots that Barrow claims could have been counted for Bing.

IL: Is a Secret Ballot a Right?
http://illinipundit.com/2009/12/16/secret-ballot-right
December 16th, 2009 According to the State Board of Elections, and their attorney, the Illinois Attorney General, the answer is NO.

IL: Voting law proceeding despite concerns
http://www.pekintimes.com/news/x1689182012/Voting-law-proceeding-despite-concerns
PEKIN, Ill. – Voting this February could be a little more complicated.
Thanks to a provision passed by the Illinois State Legislature and signed into law by then-Governor Rod Blagojevich in 2007, if a voter fails to vote for any particular office, many voting machines throughout the state will beep loudly and spit the ballot back out.

The Voting News Daily: Diebold $100M e-voting contract in Brazil, An unhealthy monopoly, Internet voting quagmire

Correction: Headline on Dec 23 should have said investigation into DETROIT’s election, not Chicago. We corrected that headline here.

Diebold’s sale to ES&S an “Unhealthy Monopoly”and meanwhile Diebold still selling voting machines – in Brazil?

Internet voting: Wood Co. WV has volunteered to test voting project that “would allow overseas, military absentee voting online”. Meanwhile the “FCC Wanders into the Internet Voting Quagmire” writes The Open Source Digital Voting Foundation…Is the internet secure for voting? Recent media reports that “Hackers’ attacks rise in volume, sophistication..U.S. defense officials revealed in April that hackers have stolen thousands of files on one of the military’s most advanced fighter aircrafts.”…

All that, some videos, podcasts and more in today’s voting news below…

CA: Republican Party Sues to Overturn San Diego Law Making it Illegal for Parties to Contribute to Candidates for City Office
http://www.ballot-access.org/2009/12/24/republican-party-sues-to-overturn-san-diego-law-making-it-illegal-for-parties-to-contribute-to-candidates-for-city-office/

CA: Learn all about Voting by Mail! YouTube Video
http://www.youtube.com/watch?v=wzkmgZPBRY4
Created by the Santa Clara County Registrar of Voters. From signing up, to completing and returning your ballot, to how your ballot gets verified and counted – this overview will explain how Voting by Mail is Easy, Convenient, Safe, and Secure.
For Tagalog, Vietnamese or Spanish, visit this link
http://www.youtube.com/user/sccvote

CO: Public Radio – KAJX – reports on Aspen election satire (podcast and blog)
http://aspenelectionreview.blogspot.com/2009/12/kajx-covers-better-bad-news-lampoon-of.html

CO: Election questions (lte by Harvie Branscomb electon integrity activist)
http://bit.ly/6QSiwg What might a citizen risk by asking questions? From my perspective, two voluntary commissioners were recently dismissed following an unjust smear campaign that prevented their pursuit of election quality improvements. It appears to me that their principal error was to ask difficult questions.

CO: Aspen City Attorney Jim True and Mayor Mick Ireland separately respond to my letter (Harvie Branscomb)
http://aspenelectionreview.blogspot.com/2009/12/aspen-city-attorney-jim-true-and-mayor.html

FL: An unhealthy monopoly
http://www.miamiherald.com/opinion/editorials/story/1396762.html
12.24.2009. OUR OPINION: McCollum right to conduct anti-trust inquiry into voting-machine owners’ merger.
The only people who benefit from monopolies are their owners. For the rest of us, monopolies mean being powerless because we have no choices.

GA: Three Complaints Filed Against Georgia Sec. of State Inspector General
http://electiondefensealliance.org/GA-Inspector-General-complaints
The complaints filed against the Inspector General’s office allege that investigations involving electronic voting machine defects and controversies were improperly handled.

NH: EDA Exit Polls Generally Match 2008 Election Results, But Find “Wide Disparities” in NH Vote Counts
http://electiondefensealliance.org/EDA-Exit-Polls-2008

TN: The Logic of Voting WREK radio show (podcast)
http://smartech.gatech.edu/handle/1853/31396
Wednesday Dec. 23th noon-1pm Voting activist Bernie Ellis, who joined us previously to talk about how high tech voting machines aren’t always the best solution, returns to our show. He will provide us with an update on what is going on in Tennessee regarding this important issue.

TX: Boerne may face challenge of single-member voting districts
http://boernestar.com/articles/2009/12/26/news/doc4b364cd062fa5729254884.txt
December 26, 2009 Residents challenging the Boerne City Council’s recent decision to create single-member council districts say it violates the city charter and the Texas Constitution.

TX: Texas Democratic Party Finally Gets Relief Against Vote-Counting Machines
http://www.ballot-access.org/2009/12/22/texas-democratic-party-finally-gets-relief-against-vote-counting-machines/
December 22nd, 2009 The ruling does not say these machines violate the Constitution. Rather, it says that when Dallas County started using that type of machine in 1998, that was a voting procedure change and it should have been submitted to the U.S.

The Voting News Daily: Detroit candidate calls for election investigation, Fixing our broken democracy, ACORN cleared again

Former Mayoral Candidate Tom Barrow called for official review of the Nov 3 mayoral election “when he discovered empty ballot boxes and numerous ballot boxes with security seals which been breached, disqualifying tens of thousands of votes …from being recountable… ‘computer tapes’, normally summarizing election results at the closing of the polls, had in fact actually been run hours before the closing of the polls indicating that the results were being electronically manipulated…”

The President appointed a Cyber Czar. Luther Weeks, CTVotersCount comments: “Our concern is with the disconnect that has otherwise intelligent people concerned with cyber security based on strong evidence, coupled with the almost simultaneous support for voting by Internet, email, and fax.”..
.Brad Friedman reports that “ACORN Cleared YET AGAIN of Wrongdoing”…
In Fixing Our Broken Democracy, Professor Stephen Unger writes: “The warning, ‘Eternal vigilance is the price of liberty’, applies regardless of the election mechanics used.”...

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

CA: California: somehow pols are evading the campaign finance laws. Who’d a thunk it?
http://www.votelaw.com/blog/archives/006343.html

FL: Chambless urges delay in voting machine switch
http://www.claytoday.biz/content/1848_1.php
Dec 23. GREEN COVE SPRINGS — Supervisor of Elections Chris H. Chambless has gotten local legislative support for proposing a deadline on changing voting equipment for physically challenged voters
…
The Florida State Association of Supervisors of Elections (FSASE) is asking that changing to the AutoMark system be delayed until 2016, thus allowing counties to continue using their current Americans with Disabilitities (ADA) voting system

FL: License renewal to require a lot more identification
http://www.gainesville.com/article/20091223/ARTICLES/912231002/1002
Getting a driver’s license will require a whole lot more ID
…
The Department of Homeland Security reports that Real ID will improve security at federal buildings, nuclear facilities and aircraft, prevent people from fraudulently obtaining public benefits such as Medicare and Medicaid, prevent the hiring of illegal immigrants, prevent illegal firearm purchases and slow voter fraud.

IL: Military and Overseas Ballots in the Mail
http://blog.champaigncountyclerk.com/2009/12/22/military-and-overseas-ballots-in-the-mail
Champaign County Clerk I’ve written about the problems of ballot certification as it relates to getting ballots to military and overseas voters. Well today we mailed the last of the initial mailing of 484 ballots

MI: Election Investigation * (missing ballots, 50,000 absentee ballots disqualified)
http://www.tv20detroit.com/news/79988432.html
12/22/2009…Former Mayoral Candidate Tom Barrow is calling for an official review of the November third mayoral election. Mr. Barrow met with city officials at the Flynn Pavilion on Belle Isle to discuss allegations of voter fraud.

The concerns stem from missing ballots and signatures from several districts during the night of the election.

MI: Barrow Investigates City Elections *(suspicion results electronically manipulated)
http://bit.ly/8xWOoQ 21 Dec 2009. DETROIT, Mich. – Former mayoral candidate Tom Barrow has turned a routine recount of election precincts into a sweeping indictment of the entire conduct of elections in Detroit when he discovered empty ballot boxes
and numerous ballot boxes with security seals which been breached, disqualifying tens of thousands of votes in the November 3, 2009 general election from being recountable.
…
Barrow’s team of lawyers, accountants and volunteers also challenged dozens of precinct’s whose election results “computer tapes”, normally summarizing election results at the closing of the polls, had in fact actually been run hours before the closing of the polls indicating that the results were being electronically manipulated and the numbers being shown not the final results.

The Voting News Daily: Dallas Co. violated law in voting machine use, Diebold Sale may see recount

WA SOS to introduce bill in 2010 to “allow overseas and military residents to return their ballots by fax or e-mail.” …A three-judge panel has ruled that Dallas County election officials violated federal law when they did not inform the Department of Justice about changes in the way straight-party votes are counted on electronic voting machines….The trial of former NM SOS Rebecca Vigil-Giron…”has been set for July”…Update: see Pennsylvania Court voting machine ruling r/e Banfield Order 121509…Open source voting system development is alive and well….

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

CA: Voters sue over Novato Sanitary election *
http://www.contracostatimes.com/news/ci_14044648?nclick_check=1
12/21/2009 A pair of voters, claiming they were disenfranchised because they weren’t given the chance to vote, filed a lawsuit late Monday to contest the results of the Nov. 3 election for three seats on the Novato Sanitary District board.

FL: Sumter Elections office wants delay of Florida law
http://www.dailycommercial.com/localnews/story/121709machines
BUSHNELL — You can say the cost adds up to about $60,000 per disabled voter in Sumter County.
…
Although the office said the county only has six voters that its deems as needing the disabled accessible machine, a law requires Florida counties to have the equipment for each of its precincts by 2012.

GA: Handel resigns as Ga. secretary of state
http://atlanta.bizjournals.com/atlanta/stories/2009/12/21/daily17.html
Karen Handel announced Tuesday she is resigning as Georgia’s secretary of state to concentrate on the 2010 governor’s race

HI: In Hawaii, Cuts Reach to Core Functions
http://www.nytimes.com/2009/12/20/us/20hawaii.html?_r=1
The State Elections Office said it might not be able to afford a pending special election, which could leave half of the state’s population without a voice in the House of Representatives until September.

HI: CommonCauseHI
http://twitter.com/CommonCauseHI/status/6906370244
Elections Comm meets Dec 30 at 10am to discuss special election and new elections chief

KS: An update on election news from Kansas Secretary of State Ron Thornburgh
Double voting leads to conviction in Nemaha County.
http://www.kssos.org/forms/communication/canvassing_kansas/dec09.pdf

IL: eVoter Specimen Ballot Mistake
Champaign County Clerk
http://blog.champaigncountyclerk.com/2009/12/22/evoter-specimen-ballot-mistake/

IL:Ballots tossed in State’s Attorney election*(absentee ballots & residency issues)
http://www.register-news.com/local/local_story_354195232.html
MT. VERNON — A circuit court judge has invalidated a number of ballots in the November 2008 election between Jefferson County State’s Attorney Jeff Bradley and Nicole Villani.

IL: Voter Resources — Absentee Voting in the Illinois Primaries Begins on Thursday, December 24th
http://centralillinois912project.com/?p=2341
The actual primary election here in Illinois will take place on February 2nd. There are a variety of resources (especially online resources) that you can use to ensure that your vote is an informed one!

NM: Trial of Vigil-Giron, others set for July
http://fwix.com/albuquerque/share/e7ba658fa7/trial_of_vigil-giron_others_set_for_july
Vigil-Giron, lobbyists Joseph Kupfer and Elizabeth Kupfer and media consultant Armando Gutierrez, who headed the company Vigil-Giron hired to help the state implement a federal voter education program, each face 50 counts including money laundering, fraud, soliciting or receiving kickbacks and tax evasion. They allegedly took the money between 2004 and 2006 using the secretary of state’s contract with Gutierrez by falsifying invoices.

NY: Senate working to avoid voting problems in 2010
http://www.legislativegazette.com/Articles-c-2009-12-21-64421.113122_Senate_working_to_avoid_voting_problems_in_2010.html
December 21, 2009 The Senate Elections Committee heard testimony last month from county officials on how to best implement optical scan voting statewide for the 2010 elections.

The Voting News Daily: PA e-voting court victory, DoJ Now Investigating Diebold/ES&S Merger

Pennsylvania Case Challenging the Use of Electronic Voting Machines Now Moves Toward Trial: “We now look forward to moving this case toward trial,” says Mary Kohart, a partner at Drinker Biddle & Reath LLP, one of the lawyers representing the voters. “There is overwhelming evidence showing that electronic voting machines are unreliable and insecure for the counting and recording of votes…”

Comments to the FCC on Internet Voting by Candice Hoke: “The Internet voting pilot programs were structured by for-profit vendors, who also reported on their “success” without any independent evaluation and transparency on some critical dimensions.

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

CO: *Marks provides important service*
http://bit.ly/8MNp80
Dear Editor: Litigation has been filed in Aspen regarding the issue of the public
right to examine anonymous digital ballot images. This issue, of
national importance, offers an important improvement to voting rights
introduced by computerized voting machines, which conceal counting of
the vote.

GA: Roswell: Close vote shows need for a ballot paper trail
http://www.ajc.com/opinion/roswell-close-vote-shows-246777.html
December 18, 2009 …The problem is that whatever is contained on those plastic cards is what is recounted, whether it is accurate information reflecting the voter’s choices — or not. But apparently recount is the wrong term to use with respect to these cards, as they can only be “recanvassed,” which means that the totals will be exactly the same as the previously unverifiable results.

IL: Use eVoter at your peril
http://blog.champaigncountyclerk.com/2009/12/21/use-evoter-at-your-peril/
Champaign County Clerk A company has begun trying to make money off of our voter registration data. When I first heard about their effort, I had concerns.
…
Unfortunately, their site only adds an unnecessary and burdensome step for Champaign County voters.

MI: Michigan Residency Requirement for Recall Petitioners Struck Down
http://www.ballot-access.org/2009/12/20/michigan-residency-requirement-for-recall-petitioners-struck-down/

MN: SOS Mark Ritchie Proposed Permanent Rules Relating to Elections
http://www.sos.state.mn.us/index.aspx?page=753
Including Amendments to Rules Governing Petitions, Absentee Ballots, Certification and Testing of Voting Systems, Recounts, Election Judge Training Program, Ballot Preparation and Redistricting, Minnesota Rules, chapters 8205, 8210, 8220, 8230, 8235, 8240, 8250 and 8255.

MT: Gazette opinion: Consolidating voting at Metra makes sense
http://billingsgazette.com/news/opinion/editorial/gazette-opinion/article_4d61f042-ed23-11de-8039-001cc4c03286.html
December 20, 2009 …Many people had misgivings about consolidating 28 polling places into one. Critics predicted long lines and chaos. They were wrong.

NC: State orders new election in Fair Bluff mayor’s race *
http://www.fayobserver.com/Articles/2009/12/18/961620
Mayor Spruell R. Britt lost the election by just two votes – 191 to 189 – to challenger Chris Scott. Testimony and affidavits presented to the county board showed that five people voted who later acknowledged that they did not live within the town limits.

PA: PA: Pennsylvania Court Ruling Banfield Order 121509
http://voteraction.org/files/Banfield%20Order%20121509.pdf
Protective order for ES&S and Sequoia – denied. Petitioners (Banfield and clients) have 20 days to arrive at a mutually satisfactory protective order.
background.
PENNSYLVANIA STATE SUPREME COURT ALLOWS VOTING RIGHTS CASE TO PROCEED
http://www.voteraction.org/node/776
Dec 18 2008 State’s Highest Court Denies Pennsylvania Secretary of State Permission to Appeal Lower Court Ruling in Voters’ Favor Case Challenging the Use of Electronic Voting Machines Now Moves Toward Trial

WI: Clerks critical of Wisconsin’s early voting law
http://www.fox21online.com/news/clerks-critical-wisconsins-early-voting-law

The Voting News Daily: Military Bases to aid voter registration, One company to count 70% of US votes

Big news: The Department of Defense has agreed to formally designate all military installation voting assistance offices as official “voter registration agencies”. The move “will provide these brave Americans and their families with ‘motor voter’-style registration assistance on military installations, where they spend most of their time,” Cornyn said. Schumer called the change “a bold step by the Pentagon that will turn U.S. military bases across the globe into one-stop shops for active-duty troops who wish to vote.”
…
Regarding voting machine merger: “ES&S, of course, told the Herald/Times that their acquisition of Diebold ‘will result in better products and services for all customers and voters alike.’ And, if you believe that, we’ve got an unhackable voting machine to sell you” ~ Brad Friedman at Bradblog….FL: Attorney General Bill McCollum responds to voter advocate’s letter…Verified Voting has several updates of interest…

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

FL: Florida AG Probing ES&S/Diebold Merger for Anti-trust Violations
http://www.bradblog.com/?p=7584
Demon coupling will result in company counting 92% of Sunshine State votes, at least 70% nation wide…

FL: Attorney General Bill McCollum responds to voter advocate’s letter
http://blogs.tampabay.com/buzz/2009/12/mccollum-responds-to-voter-advocates-letter.html
As part of his investigation of a voting-machine company merger that would create a near-monopoly over voting machines, Attorney General Bill McCollum has sent the following letter to Dan McCrea of the Florida Voters Foundation…

HI: US funds for Hawaii special election possible
http://www.kpua.net/news.php?id=19233
HONOLULU (AP) — Hawaii’s chief election officer is suggesting the state ask federal officials if the state can use federal funds to conduct a special election to fill the remainder of the term of Rep. Neil Abercrombie.

IL: Recount nearly over, Barrow still claims fraud in mayor’s race *
http://www.detnews.com/article/20091218/METRO/912180452/1361/Recount-nearly-over–Barrow-still-claims-fraud-in-mayor-s-race
Detroit– Former mayoral candidate Tom Barrow is continuing to allege voter fraud in the Nov. 3 election, claiming he’s found empty ballot boxes and several others whose security seals were breached.

Barrow, who filed a recount after losing to Mayor Dave Bing 58-42 percent, said the breech should disqualify tens of thousands of votes from being recounted

IL: Election commission registering some voters at home
http://www.mysuburbanlife.com/carolstream/newsnow/x1431156019/Election-commission-registering-some-voters-at-home
Downers Grove, IL — The DuPage County Election Commission is offering in-home voter registration for elderly and disabled residents leading up to next year’s state and national primaries

IL: Suit against optical scanning machine rejected
http://www.news-gazette.com/news/local/2009/12/18/suit_against_optical_scanning_machine_rejected
December 18, 2009 URBANA – Despite efforts by Champaign County Clerk Mark Shelden to prevent it, voters in the primary election in February may hear their voting machines beeping…
…
Shelden argued, according to court documents submitted in support of his request, that “the right of Champaign County voters to a secret ballot has been compromised” by a change in the state election laws, which require all optical scan ballot tabulation machines to produce an error message when a voter “undervotes” or fails to vote for one or more statewide constitutional office races.

NJ: Tally wavers on legal representation in Atlantic City voter fraud case *
http://www.pressofatlanticcity.com/news/breaking/article_9b33458e-ec2c-11de-a1c3-001cc4c03286.html
Tally is among 14 people – including Atlantic City Councilman Marty Small – charged with improperly handling messenger ballots in Small’s failed mayoral bid.

The Voting News Daily: Voting-machine merger sparks FL anti-trust probe, Funding Hawaii election

Florida Atty Gen investigates voting-machine company merger: “Florida counties are negotiating their contracts now to prepare for the 2010 elections,” McCrea said. “They can suffer the potential damages for dealing with a monopoly now. So intervention needs to happen now.”~ Dan McCrea, president of the Florida Voters Foundation…Hawaii may be able to use HAVA funds to pay for special elections….Maryland Governor being pressured to delay switch to paper ballot voting systems…Comment to a Tennessee newspaper: “You get a receipt when you buy a burger and fries; isn’t your vote more valuable than that? Or are the people of Tennessee really content to drop their vote into a black hole and assume that there’s absolute certainty that it will be counted?”. The voting news might look slightly different today as we adjust the format slightly.

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

FL: Voting-machine firms’ merger sparks Florida anti-trust probe
http://www.mcclatchydc.com/251/story/80830.html
…Under Florida’s 1980 anti-trust law, McCollum could persuade a court to levy fines against ES&S or prevent the company from operating in the state…

FL: Voting-machine merger investigated
http://www.miamiherald.com/news/florida/story/1385770.html
Dec 17, 2009 – Florida Attorney General Bill McCollum is conducting an anti-trust investigation of a voting-machine company merger that would create a near-monopoly over the levers of democracy in Florida and much of the United States

HI: Federal money may fund election
http://twi.cc/CPAq

HI: Salvage the special election
http://www.starbulletin.com/editorials/20091216_Salvage_the_special_election.html
Dec 16, 2009 …Cronin said one way to deal with the problem is to conduct an election by ballots to be mailed in or dropped off at central locations to reduce costs. That system was used successfully in April to conduct a special election in Windward Oahu to replace the late Barbara Marshall on the City Council.

IL: Injunction Denied
http://blog.champaigncountyclerk.com/2009/12/17/injunction-denied/
Champaign County Clerk- Judge Jones today agreed to a lot of our arguments, but in the end, disagreed with the argument that our office would suffer irreparable harm should we go forward with the election with the undervote provision in place.

MA: The debate voters deserve: Coakley vs. Brown
http://twi.cc/tAxK

MD: O’Malley: Questions Raised About Voting Scanners
http://wjz.com/local/voting.scanners.paper.2.1374714.html
ANNAPOLIS, Md. (AP) Gov. Martin O’Malley says more and more people are asking about the wisdom of changing to a new voting system with optical scans of paper ballots for upcoming elections….

MT: Voters voice concern over plan to shutter Missoula polling places
http://www.missoulian.com/news/local/article_38a0ff68-eacb-11de-a145-001cc4c002e0.html
Dec 17, 2009 – Dozens of voters turned out Wednesday afternoon, most of them opposing the proposed closure of several polling places – including at the Missoula County Courthouse and on the University of Montana campus – saying the plan would hurt the democratic process…

ND: Ramsey County votes to go to one polling place, fewer precincts
http://www.devilslakejournal.com/news/x967377813/Ramsey-County-votes-to-go-to-one-polling-place-fewer-precincts
Dec 16, 2009. “We expect more and more people will be participating in the Vote by Mail Program,” said County Auditor Elizabeth Fischer at the regular Ramsey County Commission meeting held Tuesday evening.

NY: Election Officials Hold Voting Machine Test Run (video available)
http://ny1.com/7-brooklyn-news-content/top_stories/110601/election-officials-hold-voting-machine-test-run

TN: What They Said
http://www.memphisflyer.com/memphis/what-they-said/Content?oid=1867114
Comments from memphisflyer.com

The Voting News Daily: Madison Co KY gets paper ballots, Hawaii ponders mail-in special election, IL no secret ballot? Voting News wants to hear from you

Too broke to hold elections? Hawaii considers vote by mail for upcoming special election. New Mexico’s Secretary of State says will have to borrow money to hold upcoming primary…More concern in Illinois about special state law that requires undervote notification- the machines make an audible noise if a voter leaves certain contests blank….Madison KY switches back to paper ballot voting systems…NY approves voting machines, requires vendors to bring them into full compliance….Security Heavyweights predict 2010 threats…..

We would like to hear from you. Do you have questions, concerns, or complaints about the voting news? Do you like the voting news like it is? Did we miss an important article? How can voting news help you more? If you would like to tell us how you feel, please email us at ncvoter (at) gmail.com. Also, if you like voting news, please tell a friend or donate .

Well, here’s today’s voting news…..

CA: Supervisors end contract with voting vendor
12/15/2009 As Los Angeles County seeks to replace a voting system that has been subject to sharp criticism from state officials, the Board of Supervisors voted Tuesday to terminate a contract with one of the system’s main vendors.
…
Logan’s office has been seeking input on what kind of new voting system the public would like in the county. For more information, log onto http://www.lavote.net/Voter/VSAP
http://www.contracostatimes.com/california/ci_14003230

FL: Federal Voting Assistance Program News
Florida Voters, Submit Your Ballot Request NOW for the February 2, 2009 Special Primary!
http://www.fvap.gov/global/news/nr21-2009.html

HI: Hawaii Ponders All-Mail Ballot Election in Next Special Congressional Election
http://www.ballot-access.org/2009/12/16/hawaii-ponders-all-mail-ballot-election-in-next-special-congressional-election/

IL: Illinois State Board of Elections “No Right To Secret Ballot”
Champaign County Clerk, IL
http://blog.champaigncountyclerk.com/2009/12/16/illinois-state-board-of-elections-%e2%80%9cno-right-to-secret-ballot%e2%80%9d/

KY: County preparing for paper ballot voting
Madison County…This year, a paper ballot voting system will be used, which is the same process that was used before electronic voting machines became mainstream.

“We’ve gone back to voting the way we did 25 years ago,” said Madison Judge/Executive Kent Clark.
http://www.richmondregister.com/localnews/local_story_350075220.html

NM: Secretary of state: Election funding is lacking
12/16/2009 FARMINGTON — Secretary of State Mary Herrera complained Tuesday of a lack of funding for the primary election, but insisted she and her staff were trying to make progress amid budget cuts from the legislature.
…
She also complained that the department has $814,000 to hold the primary election in June, but needs almost $4 million total. She said the state must borrow the rest of the money to hold the primary.
http://www.daily-times.com/ci_14006966

NY: FYI – Bo Lipari writes: “Here’s a paper I did on it some years ago which describes the two specific sections of HAVA which preclude retaining lever machines.”
http://www.nyvv.org/newdoc/2009/LeverMachinesAndHAVA020909.pdf

NYS Certifies Non-Compliant Voting Machines
Commentary Written by Howard Stanislevic
15 December 2009 Editor’s Note: The NYS Board Of Elections certified both the Dominion ImageCast and the ES&S Electronic voting systems at 1:10 p.m. today (Dec. 15th, 2009) .. noting in the process that the machines were still “non-compliant.” The state passed an additional resolution requiring the operations department to work with the two vendors to bring the machines into full compliance.

The Voting News Daily: NY certifies voting machines, OH touchscreen flaws, Aspen election lampooned, I-voting squibs

Lampooned: Aspen’s chronic election problems via YouTube video. The portrayal of the ballot box just outside the mayor’s office during “early early” voting was outrageous yet true…
Calibration issues with Montgomery County Ohio Diebold touchscreens but the vendor will “fix” them for free…No machines, no money, no state election director: .Hawaii can’t afford a special election…NH’s electronic voting panel issuing report after meeting with Finnish e-voting expert Harri Hursti today… NY Board of Elections certified new voting machines,flaws and all in time to avoid federal intervention..Want Fair and Accurate Elections in Tennessee? Call Your Senator Today…Internet voting continues to metastasize in Canada…

AL: Cedar Bluff election results (finally) in
CEDAR BLUFF — It took over 16 months to seat them, but the Cedar Bluff Town Council finally has three new members…
http://www.postpaper.com/cbelection09.htm

CO: ASPEN ELECTION NOT OUT OF CONTROL (Satire – on YouTube)
Produced by betterbadnews December 14, 2009
…In Colorado early voting is taken very seriously. A ballot box set up near the mayors office gives voters something to do while waiting for their appointment with the boss.
http://www.youtube.com/watch?v=R1F5Jlzs6a8&videos=IyVyyTQY27Q

CO: Who decides what the people may know?
Aspen….What is the city hiding, and why?
…
Aspen has chronic, unseen but undeniable election integrity problems.
…
Election integrity, the fundamental building block of our society, is waved off as unimportant detail in Aspen….
http://www.aspentimes.com/article/20091215/LETTER/912149987/1020&ParentProfile=1058

CT: Miles Rapoport: Demos Leader and former CT Secretary of the State
December 15, 2009 http://www.ctvoterscount.org/?p=2689

HI: Election chief says special vote would be difficult
Dec 11, 2009 The state Office of Elections has not made a decision on how, or even if, a special election would be held once U.S. Rep. Neil Abercrombie decides to vacate his seat in Congress.

Abercrombie says he will announce Sunday his intent to step down to concentrate on his run at the governorship in 2010.

“That is a possibility,” Cronin said at a press conference today. “It would be a matter of discussing among all the election officials the question of the capacity of the Office of Election to administer an election when we’re already experiencing significantly reduced staffing, virtually no funding to get us to June 30, 2010, and no voting machines.”
http://www.starbulletin.com/news/bulletin/79107482.html

IL: Board nixes funding for voting machine upgrades
December 13, 2009 JERSEYVILLE — The Jersey County Board hopes to send a message to state legislators by refusing to fund changes in voting equipment that will be required by a new “under-voting” law.
…
Jersey County Clerk Steve Pohlman asked the board for $4,000 from the general fund to pay for reprogramming of election computers so that the equipment can immediately report when a voter fails to fill in a space on the ballot.
http://www.thetelegraph.com/news/upgrades-34133-board-voting.html

IL: Policitican accused of buying votes with $2 bills says ‘that’s just crazy’
EAST ST. LOUIS — Politician Will McGaughy says he’s been mailing envelopes to voters in his precinct at Christmastime for 30 years, wishing them holiday cheer and including a crisp $2 bill as a “keepsake.”
…
But what makes this year different said Dancy is what McGaughy conceded is his first combined Christmas and candidacy message.

The Voting News Daily: National Expert warns FCC of internet voting dangers, Vendor put on EAC advisory panel, Tennessee stall n crawl

In answer to the question “With existing technology, is it possible to enable and ensure safe and secure voting online today?”, Verified Voting responded, “in a word, no.” It is likely that no one in the country has studied the subject of internet voting more intensely than David Jefferson, senior scientist at Lawrence Livermore National Laboratory. Jefferson warns: “Even if an Internet election is apparently ‘successful’, the results are absolutely unauditable in any meaningful sense of the word….You may hear claims that many elections and election pilots have been conducted in the past without the loss or misrecording of a single vote. This claim is false on several levels.” Internet voting seems even more insane as the Guardian UK reports that “Russia and US in secret talks to fight net crime”…

Hawaii Oh No: Hawaii’s election dept faces new budget woes – the state will have to come up with $2 million to run a special election to replace U.S. Rep. Neil Abercrombie, who is leaving congress to run for governor. Add this to the fact that Hawaii’s election dept is woefully under funded, is in the process of creating new election rules, is considering cutting half of its polling places and does not have a voting system in place…Randolph County Indiana’s 2 year struggle to get SOS to reimburse costs of voting machines that should be paid by HAVA funds…

The End of Innocence — NY State Board of Elections Says Ballot Scanners Switched Votes in 2009 General Election…Local Groups Urge VA Gov Kaine to Restore Voting Rights… Tennessee continues ‘stall ‘n’ crawl’ tactics…

BradBlog reports: “Disgraceful: Discredited E-Voting Vendor VP Appointed to U.S. EAC Advisory Panel”

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

CT: Secretary of the State Candidate Criticizes Exploratory Committees
December 12. “In our view exploratory committees represent a loophole in the current public financing law. Candidates can collect and spend huge sums in the name of exploring runs for office.”
http://www.ctvoterscount.org/?p=2671

FL: The Advancement Project warns of problems with upcoming elections
A report released Thursday by the Advancement Project calls for changes in poll hours and voter registrations rules.
TALLAHASSEE — Even though Election Day last year went relatively smoothly across Florida, a civil rights advocacy group that focuses on elections warned that stricter voter registration laws could prevent thousands of eligible voters from joining the rolls in upcoming elections.
http://www.miamiherald.com/news/politics/story/1376506.html

HI: Abercrombie will quit Congress to focus on Hawaii governor race
Quitting Congress to prepare for likely battle with mayor
…Abercrombie’s decision throws a curve into the 2010 elections and triggers a special election to fill the remaining months of his two-year term.
…
The unexpected vacancy could lead the state Office of Elections to try to come up with as much as $2 million to pay for a special election and scramble to find a voting system because legal challenges have left the state with no voting machines.
http://twi.cc/HDjv

IN: County Council OKs voting reimbursement
Randolph County Council Tuesday approved County Clerk Claudia Thornburg’s submission of an application for the county to be reimbursed $194,048 for the purchase of its current voting machines.

The Voting News Daily: A NO vote on certifying NY’s voting machines,TX polling place burglary, UT troops internet voting guinea pigs?

Still think internet voting is a great idea? The Senate Select Committee on Intelligence has set up a bi-partisan taskforce on cybersecurity to evaluate potential online threats and provide recommendations for action to the US intelligence community….Although the US is struggling to prevent online threats, there’s a 50 state whack-a-mole agenda to promote internet voting/non secret ballots to our overseas troops. Next to drink the kool-aid: A Utah govt commission recommends Internet voting for military…Yesterday was the deadline to comment to the FCC about internet voting….

No decision on Citizens United for at least a month…Romania court orders recount of 138,000 void votes, Romanian spy chief questioned over election fraud…

The new voting systems do not meet New York’s standards for voting systems, says voting machine expert/activist Bo Lipari. Bo blogs today about being the only “no” vote on a NY citizens committee that makes recommendations on voting systems: “…the findings show that as of today, while the two voting systems have managed to meet most of the New York’s requirements, they have not yet met all of them, including some which to me, as a technologist, are important.” Meanwhile, Brad Friedman writes has a guest column at the Gouverneur Times titled “Officials Were Warned”…

Congratulations to Douglas W. Jones, associate professor of computer science at University of Iowa for his appointment to the EAC’s Technical Guidelines Development Committee…

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

CA: Longtime Vernon mayor, scion of ruling family, convicted of voter fraud *
December 4, 2009 A former mayor of Vernon and his wife were convicted today of voter fraud and conspiracy, capping a three-year legal saga that ended the family’s long grip on the tiny industrial city in southeast Los Angeles County.

Prosecutors accused Leonis and Dominica Malburg of engaging in an elaborate sham in which they pretended to reside in Vernon while they actually lived in a large home in the Hancock Park area of Los Angeles, said Deputy Dist. Atty. Max Huntsman.
http://latimesblogs.latimes.com/lanow/2009/12/longtime-vernon-mayor-scion-of-ruling-family-convicted-of-voter-fraud.html

FL: Pasco County supervisor of elections recruiting volunteer poll workers
Thursday, December 10, 2009. Pasco Supervisor of Elections Brian Corley is looking for volunteers who like to work with people and serve the community as poll workers. These volunteers help with the voting process in precincts across Pasco County on election days.
http://www.tampabay.com/news/localgovernment/pasco-county-supervisor-of-elections-recruiting-volunteer-poll-workers/1057733

IL: State Certification Has Election Officials Up Against a Wall
Champaign County Clerk I’ve written a couple times about the MOVE Act, a recently passed federal law that mandates among other items that election officials mail ballots to military and overseas voters at least 45 days in advance of the election.
…
We’ve basically have a day to create, proof, and get the ballots out in time to meet the new federal standard. While the new law doesn’t apply to this particular election, it does highlight the practical difficulties that election officials will face in upcoming elections.
http://blog.champaigncountyclerk.com/2009/12/11/state-certification-has-election-officials-up-against-a-wall/

IL: Unfunded mandate protested
Dec. 10, 2009 The Iroquois County Board on Tuesday approved a resolution recommended by board member John Dowling to protest “another unfunded mandate” from the state — this one the required equipping of voting machines with computer chips to let voters know they “under-voted.”

The Voting News Daily: Next Hawaii election a slow-moving train wreck? MOVE to expedite troop ballots free, Election Center ponders e-voting

The Election Center, a group that promoted the use of paperless voting, will meet Jan 7 & 8 to discuss voter reg, provisional ballots, and “the continued push to eliminate or restrict use of DREs” (The Election Center is a group that advises election officials while accepting donations from voting vendors)…Voter Action letter to Senate Rules committee about ES&S’s purchase of Diebold: “With this acquisition, ES&S has even less of an incentive to respond to the growing demand for improved accountability and product reliability.”…

…Did you know that the MOVE act guarantees free expedited mail service to return troops’ ballots?…Hawaii Uh-OH: “This (upcoming election) is a slow-moving train wreck and we’re still far enough away that we can get everything off the track,” says attorney Lance Collins. The state’s elections department is grossly underfunded, considering cutting polling places in half, and is in process of making new election rules: Bob Babson hopes rules will ban sending any election results via the Internet or telephone lines…Learn more about Tennessee’s proposed voting machines…

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

CA: Voter ID intiative backers get green light in California
Dec 10, 2009 – Backers of an initiative that would require voters to produce identification at the polls were given approval to begin gathering signatures Tuesday by Secretary of State Debra Bowen.
http://www.presstelegram.com/breakingnews/ci_13959475

CA: Council votes to delay decision on ranked-choice voting
12/09/2009
SAN LEANDRO — The City Council has delayed a decision on whether to use ranked-choice voting in its 2010 elections until Oakland decides if it will hold a similar ranked-choice election next year — giving San Leandro more time to explore ways to mitigate the costs of such an election.
http://www.insidebayarea.com/oaklandtribune/localnews/ci_13955369

GA: Oops: Group charging voting fraud admits mistake
“I acknowledge we had a huge misunderstanding about the data we were working with,” said Erica Long, co-chair of Citizens for Fair Atlanta Elections. “I would not have raised the issue with the Secretary of State if I did not believe it was correct.”
http://www.ajc.com/news/atlanta/oops-group-charging-voting-234563.html

HI: State proposes major revision of election rules
Dec 10, 2009 …Circuit Judge Joseph Cardoza decided that the state needs to hold a public hearing to come up with administrative rules governing electronic voting before new voting machines can be used in next year’s elections.
…
Written testimony can be e-mailed to elections@hawaii.gov or faxed to 453-6006. Written testimony will be accepted for the next two days.

“This (upcoming election) is a slow-moving train wreck and we’re still far enough away that we can get everything off the track,” Collins said.
…
Bob Babson, the lead plaintiff in the Maui lawsuit, said he is opposed to sending any election results via the Internet or telephone lines.

“It’s not secure,” Babson said. “They could easily just put it on a jet and fly it over.”
http://www.starbulletin.com/news/hawaiinews/20091210_
state_proposes_major_revision_of_election_rules.html
or use this url http://bit.ly/6tvKZz

Il: County to follow law on voting issue (machine notify voters of undervote in certain contests)
Iroquois County Clerk Lisa Fancher said she wants voters prepared for a new change in the election equipment.

The Voting News Daily: Unisyn voting machines for Tennessee? Secret ballot retreats in Canada

We apologize, there was no voting news sent out yesterday due to blogging burnout. We’ll make it up to you.
“What happens when inmates control the asylum?” – A look at redistricting reform by William and Mary Election Law Society…NVRA Analysis by American Constitution Party is flawed, says Champaign County Clerk… “Claymates” can rest easy now: No voter fraud charges to be leveled against Clay Aiken in North Carolina…Georgia’s State Board of Elections will consider rule requiring voters to prove citizenship….Some members of the Warren County (NY) Board of Supervisors may join voting machine lawsuit….

Tennessee SOS Trey Hargett’s approach to implementing the new voting machine law shows the downfall of electing your election officials rather than hiring them. There’s a huge learning curve and the office is administrative and requires years of experience. Hargett seems to be unaware that HAVA funds can be used not just to buy voting machines but to implement them….

…Sheesh. What next, no elections? Washington County Texas commissioners abolished the Washington County elections administrator job, meanwhile Putnam County Tennessee custs voting places cut from 44 to 25….

….Utah Commission Recommends Automatic and Portable Voter Registration… The secret ballot retreats in Canada little by little as Internet voting continues to spread in municipalities…Oh no, Ghana Inches Towards Electronic Voting System…

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

CO: Election outcome may face challenge
Dec 8th, 2009 ANTONITO — No matter what Antonito voters may have decided casting their ballots in the recall election Tuesday, the outcome may be up for challenge because at least two board of trustee members feel that the legal notice of the time and location of the election was not properly advertised.
http://www.alamosanews.com/v2_news_articles.php?heading=0&page=75&story_id=15051

GA: Roswell mayoral results hold up in recount
Fulton County election officials completed their recount of the mayoral race in Roswell this morning, and were set to do a recount of ballots in the Atlanta runoff
http://www.ajc.com/news/north-fulton/roswell-mayoral-results-hold-232698.html

GA: Voting rule on proof of citizenship up for adoption
One proposes a need to prove citizenship to be a registered voter.
Dec. 9, 2009 ATLANTA – A controversial rule requiring voters prove their citizenship comes up for adoption Thursday by the State Elections Board.

The rule will apply to people registering to vote after Jan. 1, or as soon at the U.S. Department of Justice determines whether it is an unfair burden to minority voters. Many critics of the proposed rule plan to speak out against it during public hearings before the board decides, arguing that it is indeed a burden to African-Americans, Asians and Hispanics…
http://jacksonville.com/news/georgia/2009-12-09/story/voting_rule_on_proof_of_citizenship_up_for_adoption

MA: Wellington ballot wording causes problems
Mon Dec 07, 2009 Belmont, Mass. – Officials are working to straighten out confusion over the wording of the ballot question authorizing a Proposition 2 1/2 debt exclusion for construction of the new Wellington School that has held up the project on the state level.
http://www.wickedlocal.com/belmont/news/education/x1964352937/Wellington-ballot-wording-causes-problems

NC: Wake Elections Board Will Not Refer Allegations Of Clay Aiken Voter Fraud To State Board
Dec. 9 RALEIGH, N.C.

The Voting News Daily: Michigan voter purge investigation, Illinois undervote law vs secret ballot, UK: Does E-counting make sense?

“Does it really make sense to splurge a huge sum of money on e-counting when we know a manual count would be cheaper, let alone easier to verify and more trusted by voters and politicians alike?” ~ Jason Kitcat, Green city councillor in Brighton & Hove, London…Missouri troops can continue to vote by email?…Bo Lipari’s issued his “Statement on NY Voting System Certification:…New Yorkers try to write-in Simpsons character Charles Montgomery Burns for mayor…Illinois Military and Overseas Voters, Submit your Ballot Request for the February 2, 2010 State Primary!..Nonprofit sues Virginia to avoid revealing source of voters personal data….Burglars steal computers from Houston polling place… New Iraqi election law approved…

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

AL: Alabama Files Brief in 11th Circuit in Ballot Access Case
December 7th, 2009 On December 7, Alabama filed its brief in Shugart v Chapman, the case pending in the 11th circuit over whether a state can require an independent candidate for US House to obtain more signatures than an independent candidate for president.
http://www.ballot-access.org/2009/12/07/alabama-files-brief-in-11th-circuit-in-ballot-access-case/

CA: Local Politician Convicted of Fraud *
Fri, Dec 4, 2009 The former mayor of the tiny municipality of Vernon and his wife were convicted Friday of voter registration fraud and fraudulent
voting.

Leonis Malburg, 80, who had been mayor of Vernon for more than 50 years before resigning this summer, and Dominica Malburg, 83, did not live in Vernon, Los Angeles Superior Court Judge Michael Johnson found in a non-jury trial.

Leonis Malburg was convicted of conspiracy to commit a crime, being a public official aiding illegal voting, falsifying a declaration of candidacy, voter registration fraud, false voter registration, perjury under oath, fraudulent voting and assisting an unqualified voter….
http://www.nbclosangeles.com/news/local-beat/-Local-Politician-Convicted-of-Fraud-78576127.html

CA: Secretary of State approves county’s ranked choice voting system
12/07/2009 California’s secretary of state has officially certified Alameda County’s upgraded voting machines, paving the way for instant runoff voting in some cities’ elections, likely including next year’s Oakland’s mayoral race.
http://www.insidebayarea.com/oaklandtribune/localnews/ci_13945823

FL: Resident claims election fraud in Groveland
GROVELAND — An elections fraud complaint was filed with the Florida Department of State, claiming the City of Groveland did not advertise its Nov. 3 municipal election in accordance with state statutes.
http://www.dailycommercial.com/localnews/story/120609ballots

GA: Group suspects illegal voting in mayor’s race
A newly formed group has asked the Secretary of State for voter eligibility information that may allow a challenge to the result in the Atlanta mayoral race
…
Erica Long, co-chair of the group formed last week, said it discovered that 1,314 voters in the general election on Nov. 3 had invalid addresses.

“They were empty lots,” Long said.

She said the addresses had belonged to federal housing projects or apartment complexes that had been knocked down.
…
Fulton County elections chief Barry Garner, however, said his investigation of the questioned address shows that the concern may be premature, at least in terms of election results. Only 33 of the 1,314 people on the list voted in the general election, Garner said.

“I don’t know where they got their numbers but they’re just not true,” Garner said.

The Voting News Daily: Internet Voting Virus threatens Hawaii, CTs ballot custody issues, Clay Aikens voter registration case

The most troubling story today is that Hawaii is proposing 100% internet voting. Internet voting was bust in Honolulu Hawaii this May – voter turnout was only 6.3 percent.. Experts say that internet voting can not at this time be made secure or transparent….Meanwhile, a reminder! The FCC wants comments on internet voting by Thursday,Dec. 10 of this year. Speak up or watch democracy erode…

In Connecticut “stronger chain-of-custody protections for our ballots are required” says Luther Weeks of CTVoters Count…A month after the lowest turnout election in over 100 years, Minneapolis first “instant” runoff election results certified…Clay Aiken case was heard today in Wake County, North Carolina…
Greed was motive for forged ballots in Montgomery CO Ohio…

In Texas, a patent case: Franklin Inventions, LLC v. Election Systems & Software, Inc. et al
…Election judges are the ‘unsung heroes of democracy’: “It’s a tough job that requires patience, intelligence, personability and stamina,” Orr said. “Election judges are critical to an efficient Election Day.”…Report examines Civil Rights during Bush years…

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

CA: Our View: City elections need protection of a third party
12/03/2009 …While many cities conduct their own city council elections in either March or April, and often do a fine job, we lean in favor of consolidating city elections with those held in November and contracting with the Los Angeles County
Registrar-Recorder/County Clerk to conduct the election.
…
La Puente is also going in the wrong direction by moving its city election from November to April in even-numbered years. As Councilman Dan Holloway said, who voted against the move, it will reduce voter turnout and unnecessarily extends the terms of city council members.

And we would add that moving back to a city-run election adds the specter of conflict of interest to the most precious of all democratic principles – the right to vote.
http://www.sgvtribune.com/opinions/ci_13920589

CT: More On Chain-Of-Custody
December 4, 2009 Last month we commented on reports of chain-of-custody problems in Haddam and on a Courant Editorial on the need for two people of opposing parties whenever ballots are accessed. The problem goes deeper
…
For voters to have confidence there must be no opportunity for compromise; it is critical that ballots be protected from clandestine access.
http://www.ctvoterscount.org/?p=2655

HI: OPPOSE PROPOSED ELECTIONS RULES (total internet voting)
The Office of Elections is in the process of issuing new Administrative Rules that will govern future elections. To read the proposed new rules, please go to www.hawaii.gov/elections. This is their home page, and they are at the top of the page.
Section 3-172-93 of these proposed new rules will LEGALIZE sending votes over the INTERNET.
If you are as concerned as I am about these new proposed rules, please e-mail the Office of Elections with your testimony asking them to ban the use of the internet. Their e-mail address is: elections@hawaii.gov… more at the link
http://www.lahainanews.com/page/content.detail/id/500407/LETTERS-for-December-3-issue.html?nav=18

HI: Low turnout mars Hawaii’s digital vote (Repost -Hawaii’s one internet election)
May 28, 2009 They built a new digital voting system, but the voters didn’t come.

The Voting News Daily: Hawaii Elections Uh-O? Court: NO to voter caging, Experts on open source code

Experts David Dill, Jeremy Epstein and Joe Hall weigh in on Sequoia’s source code disclosure….
…LA County has a report on efficacy of eliminating polling places for Vote By Mail…Hawaii election chief resigns, elections dept might not have funds or planning to implement 2010 elections…Scotts Co Iowa studying accuracy and efficiency of e-poll books….IRV poll of Hendersonville NC voters out, apathy? 15% polled would be upset if they didn’t use IRV for council or mayor in future elections, 35% would NOT be upset and 39% didn’t care at all….
New York is in the news for: the pilot program, a new voting method that to help hispanic voters in Port Chester, (as soon as they devise a plan on how to educate voters), on eliminating runoff elections, and a state lawmaker is purged from voter rolls.
False Vote Counts in Four Counties in NY-23…

…ACORN/Ohio lawsuit means that Ohio will now enforce Section 7 of the NVRA, that is, govt agencies will now offer voter registration to their clients…Bad ideas for election reform: Internet voting spreads in Canada as areas gain broadband access…Mexican cartels sinking drug money into political campaigns…

CA: L.A. Clerk says vote-by-mail could bring dramatic boost in turnout — and costs
December 3, 2009 Switching to vote-by-mail citywide elections in Los Angeles — and doing away with traditional polling places — could increase voter participation but be costly and pose a threat to the integrity of elections, a report by the Los Angeles City Clerk concluded today.
http://latimesblogs.latimes.com/lanow/2009/12/la-clerk-says-votebymail-could-bring-dramatic-boost-in-turnout-and-costs.html
Link to the study:
http://clkrep.lacity.org/onlinedocs/2009/09-1222-S1_rpt_clk_11-18-09.pdf

HI: Resignation intensifies worries about elections
Four county clerks say that planning for 2010 is “significantly behind schedule”
Dec 03, 2009 Voter advocates were outraged by Cronin’s last major decision to close nearly one-third of the state’s voting sites.
…
The resignation of Chief Election Officer Kevin Cronin is renewing concerns about whether there is enough money, manpower and time to plan successful elections next year.
http://www.starbulletin.com/news/20091203_Resignation_
intensifies_worries_about_elections.html
or use this url http://twi.cc/VnNQ

IA: Electronic Pollbooks Continue to Show Impressive Results
During the 2009 municipal elections the Auditor’s Office expanded its experiment with the electronic poll book (e-poll book) to a total of five precincts. Our objective is to evaluate how much e-poll books will increase accuracy and efficiency in the polling place, and save costs in after election processing of voter history.
…
The cost savings for post-election processing promises to be very significant. In the five precincts using the e-poll books we processed history for 1080 voter records in 26 minutes. A comparable number of records in three precincts processed by hand took 182 minutes.
http://scottcountyauditor.wordpress.com/2009/12/02/electronic-pollbooks-continue-to-show-impressive-results/

NC: New Data Support Use Of Instant Run-Off Voting (data contradicts title)
Cobb also cautions that, while voters support IRV, their support is not strong. When voters were presented with a list of reasons cited by advocates to defend IRV, a majority of voters polled did not personally agree with any of them. “Voters seemed indifferent to these traditional justifications for using IRV and simply liked or disliked the experience of ranking for their own reasons,” Cobb says.

The Voting News Daily: Ballot Transparency Project for Arizona? Smartmatic does Mexico, Stopping MOVE Internet voting trojan

Arizona Election Transparency Project is seeking graphic ballot image scanning to protect against and expose fraud…Should the city of Aspen release the ballots from the spring City Council election to anyone who wants to see them?(the ballot images, which are already recorded)…Hawaii’s Chief Election Officer Cronin resigns, Hawaii plan would slash number of polling places….Judge won’t end NJ order targeting voter intimidation…More on NY-23 good and bad… OVF and Scytl Announce – The Power to MOVE: will this slow down or stop internet voting pilots/trojans in MOVE act and provide safer solutions?…Did Smartmatic mislead Mexican authorities, by presenting itself as a Dutch company?…

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

AZ: Ballot Image Scanning Sought as “Prospective Relief” in Pima County
As matters stand today, having strong evidence of election fraud is not sufficient to obtain legal remedy. Even if proof is obtained (such as a sworn statement that a computer operator had been ordered to rig the election and did so), a Pima County Superior Court judge has decided that the Court is powerless to act.
…
That’s why the Arizona Election Transparency Project (AZTP) of EDA and AUDITAZ, is seeking graphic ballot image scanning as “prospective relief” to fix what’s broken in our electoral process, and protect the integrity of future elections. Graphic ballot image scanning can reliably expose attempted election fraud, no matter what method might be used to try to cheat. The following short video explains how.
http://electiondefensealliance.org/eda-blogs/john_r_brakey/310809/ballot-image-scanning

CA: Thadeus Greenson/The Times-Standard
12/02/2009 The Humboldt County Board of Supervisors voted unanimously Tuesday to certify the county’s results from the November election, leaving anyone who feels they have a gripe a five-day window to request a recount or contest the final numbers.

But, before diving headlong into demanding and paying for a recount, Humboldt County Registrar of Voters Carolyn Crnich suggests anyone who thinks there may be a problem with the results to check for themselves with the Humboldt County Election Transparency Project.
…
The first-of-its-kind Transparency Project sends every ballot cast in an election through an optical scanner after it is officially counted. Images of the ballots are then placed online and available for download, allowing any member of the public to view, sort and count all the ballots in a given election as they please.

http://www.times-standard.com/ci_13906913?IADID=Search-www.times-standard.com-www.times-standard.com

CO: Aspen Times poll about releasing ballots
As of Dec. 02, 2009: Should the city of Aspen release the ballots from the spring City Council election to anyone who wants to see them?
http://aspenelectionreview.blogspot.com/2009/11/aspen-times-poll-about-releasing.html

HI: State elections chief announces resignation
Kevin Cronin, the state’s chief elections officer, has told the state Elections Commission that he will resign at the end of the year
…
The state Office of Elections was hit with challenges to an award for new electronic voting machines last year that has left the state with no voting machines for the 2010 elections.
http://www.honoluluadvertiser.com/article/20091201
/BREAKING01/91201075/State+elections+chief+announces+resignation
or use this url http://twi.cc/Oo8x

HI: Hawaii plan would slash number of polling places
HONOLULU — Hawaii’s chief elections officer on Tuesday proposed closing more than a quarter of the state’s polling places in response to deep budget cuts imposed by the Legislature and the state’s governor.

The Voting News Daily: WV troops as internet voting guinea pigs, NY 23 election updates, Un-rigging FL districts

A chance for Floridians to redraw rigged districts…Husband of NJ state Sen. Teresa Ruiz indicted for absentee ballot fraud…Some Muscogee County GA voters given provisional ballots because of e-poll book problems…
Madison County KY Judge-Executive Kent Clark on switch to paper ballots: “It’s quicker, it’s easier and it’s honest,”…“If there are any questions (about voting results for certain precincts), the boxes are unlocked and the paper ballots are counted. There are no computer glitches.”

…Group that supported IRV in St. Paul fined for deceptive endorsements
New York group ETC to file lawsuit to keep lever machines…Brad Friedman writes “NY-23, Sequoia and the Private Corporate Takeover of Your Once-Public Democracy”…
Vote Recount in Nassau (NY) Executive Race Ends, judge to rule on 700 to 800 contested ballots…
Monongalia County WV plans to use military as internet voting guinea pigs. This is part of the trojan horse put in the MOVE act. They should read – Internet Voting Too Dangerous -ESPECIALLY for Our Military…Yesterday evening, Sequoia Voting Systems released the first portion of source code…A writer in Ghana warns against e-voting, cites US problems…

CA: Maywood activists seek probe into alleged voter fraud
December 1, 2009 Community activists from Maywood plan to file a complaint with the L.A. County district attorney’s office today, seeking an investigation into voting discrepancies during last month’s city elections.

Members of the group, Maywood for Better Community, said some residents were unable to vote in the Nov. 3 election because someone had already voted for them. The group also alleges that some voters lived in other cities, such as Southgate and El Monte, and that other Maywood residents were allowed to vote more than once.
…
The group said it has video footage, photographs and signed affidavits by several witnesses. Marlene Mortley, 42, who served as a poll watcher, said she observed at least two people vote twice.
http://latimesblogs.latimes.com/lanow/2009/12/maywood-elections.html

CO: The cost of botched elections
LTE…I believe that the expensive November 5A lodging tax election snafu could have been prevented if city management had taken election-quality issues seriously in early summer.
http://www.aspentimes.com/article/20091201/LETTER/
912019998/1020&ParentProfile=1058
http://twi.cc/bdmP

FL: A chance for Floridians to redraw rigged districts
November 28, 2009 …The good news is, Florida voters will likely have the opportunity to inject some competition back into legislative races next November. Fair Districts Florida, a nonpartisan issue committee, is sponsoring two ballot measures that will establish fair and impartial standards for redrawing state and congressional district boundaries every decade.
http://www.tampabay.com/opinion/columns/article1054593.ece

FL: Much ado about nothing? Debate over early voting hours in Florida neglects most empirical research
There is a heated debate going on in the Florida state legislature over a permanent extension to early voting hours.
…
My friend and colleague Bob Stein of Rice University has been studying the relationship between early in person voting and partisanship for more than a decade, and he has consistently shown that early voting conveys no partisan advantage. It only benefits the party or candidate with more money and more organizational resources.
http://electionupdates.caltech.edu/?p=3008

GA: Minor voting problems arise in Georgia House 129 race *
A small number of voters casting ballots early this morning in the runoff race for the vacant Georgia House District 129 seat encountered delays at several Columbus precincts, Muscogee County Elections Director Nancy Boren said.

The Voting News Daily: Humboldt’s Nov 3 ballots go public, NY 23 election pilot update, Glasgow KY ditching e-voting

Humboldt County CA’s Nov 3 ballots are now publicly viewable…Meanwhile, the struggle goes on in Aspen – a poll shows over 66% want ballots released to the public….So you think e-voting is as safe as using an ATM? Then consider this: “Hacking ring steals $9 million from ATMs globally”…

Bo Lipari’s testimony about New York’s optical scan pilot…What does the outcome of New York’s pilot with optical scanners mean? Is part of the problem the Dominion Imagecast? Are testing programs insufficient? In some states, like New Mexico and North Carolina, optical scanners have been a great improvement – over paperless electronic voting systems that they used to have. Undervote rates were greatly improved in these states….
The Tennessee Voter Confidence Act: “what began as a bipartisan effort to ensure electoral integrity has now devolved into something quite the opposite.”…

…A hand recount verifies results of a recall election in Clatsop County….Pennsylvania to increase voter registration at state agencies…
Champaign Co Illinois Clerk sues over notification about undervotes :
“Because such an error message will take the form of an audible beep, accompanied by a message on a screen on the tabulation machine, the secrecy of a voter’s choices is necessarily compromised,” Shelden said in his lawsuit. “There is no more fundamental right than the right to vote and to cast a secret ballot.”

Glasgow Co Kentucky may ditch paperless voting and use HAVA funds to buy new optical scan machines at $4,500 each….

CA: Humboldt County Election Transparency Project (ballots made public online)
Ballot Scans from the Election of November 3, 2009
http://www.humetp.org/20091103/

CO: Aspen Times poll about releasing ballots (from Aspen Election May 5 2009) http://apps.aspentimes.com/utils/polling/poll_results.php?poll_ident=1465
Should the city of Aspen release the ballots from the spring City Council election to anyone who wants to see them?
As of 8:30 AM 11/26/09: Yes 66.24%
http://aspenelectionreview.blogspot.com/2009/11/aspen-times-poll-about-releasing.html

CT: Connecticut Governor Wants Non-Discriminatory Public Funding
November 29th, 2009. Connecticut Governor M. Jodi Rell has asked the legislature to amend the state’s public funding law so that it does not discriminate for or against any candidate on the basis of the candidate’s partisan affiliation
http://www.ballot-access.org/2009/11/29/connecticut-governor-wants-non-discriminatory-public-funding/

FL: South Florida election observers head for Honduras
With government institutions declining to send election observers to Honduras, about 300 people from a variety of groups left Miami on Friday to fill the void.
…
`AT ODDS’

“If the U.S. sends election observers before President Zelaya is restored, it would prepare the ground for recognizing the coup regime and its election as legitimate, putting the U.S. at odds with the rest of the hemisphere,” wrote Robert Naiman, policy director of Just Foreign Policy, a left-leaning think tank.
http://www.miamiherald.com/news/5min/story/1354995.html

FL: Two ballot proposals stir fears
A push for new redistricting standards could inspire legal challenges
November 27, 2009 …Two little-noticed constitutional amendments that could be on the 2010 ballot are so potentially threatening to the status quo that there is already talk of lawsuits, disenfranchisement of minority voters and fears of a Democratic takeover of the GOP-controlled state government.

The push by FairDistrictsFlorida.org

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.