National

Thousands of lawyers from both presidential campaigns will enter polling places next Tuesday with one central goal: tracking their opponents and, if need be, initiating legal action. It will be a kind of Spy vs. Spy. The lawyers will note how poll workers behave, where voters are directed, if intimidation appears to be occurring, whether lines are long. And they will report up a chain of command where decisions over court action will be made at headquarters in Chicago and Boston. This will go on in every battleground state — including Wisconsin, Virginia, Florida, even Pennsylvania — but it will be most focused in Ohio and especially in Greater Cleveland, which is heavily Democratic and where many people believe history teaches a simple lesson: the more votes cast here, the likelier President Obama is to win.

National: Some Jurisdictions Switch to Lower-Tech Voting Systems After Experiencing Problems, See Value in Paper Trail | TheBlaze.com

In a digital age, you might be surprised to learn that many states once using electronic voting are actually switching back to paper — some after disastrous elections that resulted from the lack of a paper trail. Florida, New Mexico, Michigan and Washington state are a few that in recent years made the move to require use of paper ballots instead of electronic voting systems, according to Verified Voting President Pamela Smith. But they’re not shying away from technology altogether, these and some other states using paper ballots employ specialized scanners to count the ballots.

National: Hurricane Sandy Brings Obstacles Before Election | NYTimes.com

Hurricane Sandy spurred Maryland to suspend its early voting program for a second day on Tuesday and forced the closing of some early voting sites in battleground states like North Carolina and Virginia. But the bigger question that many state and county elections officials in storm-battered states were asking themselves was how to get ready for Election Day next week. The obstacles are formidable. More than 8.2 million households were without power by midday Tuesday, with more than a fifth of them in swing states — a potential problem in an age when the voting process, which once consisted of stuffing paper ballots into boxes, has been electrified. Roads were impassable in some states, and mass transportation was hobbled in others. And Postal Service disruptions threatened to slow the delivery of absentee ballots to election boards.

National: Poll watchers could bring “chaos” in Ohio and elsewhere, national expert says | Dispatch Politics

Forget all that concern about provisional ballots, improperly denied absentee ballot applications and the like. What is really the biggest wild card for next week’s presidential election in Ohio and elsewhere? Citizen poll watchers. So says Doug Chapin of the University of Minnesota, a widely acclaimed expert in how elections are conducted. “I think the biggest thing to watch next Tuesday is the impact of citizen poll watchers, including but not limited to those affiliated with Houston-based True the Vote,” he said yesterday on his Election Academy blog.

National: Scant evidence of voter suppression, fraud in states with ID laws | chicagotribune.com

Democratic claims that a large number of Americans could be prevented from voting because of photo identification laws are probably overstated based on evidence from Georgia and Indiana, the two states where the laws have been in place for multiple elections, Reuters found. Data and numerous interviews by Reuters reporters also suggest there is little evidence to bolster Republican assertions that ID laws are needed to combat rampant voter fraud.

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

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

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

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

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

November 1, 2012

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

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

November 1, 2012

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

National: Election watchdogs keep wary eye on paperless e-voting systems | Computerworld

As the clock winds down to what could turn out to be an extremely close presidential race, some election watchdogs are keeping a wary eye on paperless electronic voting machines that are scheduled to be used in several key states and jurisdictions around the country. Paperless systems are basically Direct Recording Electronic systems (DREs) in which voters cast their ballots in a completely electronic fashion by using push buttons or touchscreens. Some DREs allow voters to print out a paper copy of their ballots to verify that their vote was cast as intended. Election watchdog groups such as Verified Voting and Common Cause and academicians have insisted that such a voter verifiable paper audit trail (VVPAT) is vital to ensuring the integrity of the vote in jurisdictions that use DREs.

National: ES&S plans for the worst on Election Day: No power | Omaha.com

If polling places along the East Coast are without power on Election Day, an Omaha company faces a powerful test. With much of the coast bracing for damage and prolonged power outages from the storm called Sandy, election officials and providers of voting equipment, including Omaha-based Electronic Systems & Software, spent Monday hashing out contingency plans, backup contingency plans and backup-backup contingency plans in case polling places remain without power on Nov. 6.

National: Could the election be delayed by Hurricane Sandy? | Washington Post

Slate has an Explainer on the possibility of a delay. The power to change election dates lies with the states, not with the president. “Although states may reschedule a canceled or suspended election at their discretion (or according to their individual election laws), they must choose their presidential electors by the “safe harbor” deadline, which is six days before the Electoral College votes,” L.V. Anderson writes. That deadline is Dec. 17.

National: Will new voter ID laws swing the U.S. election? | Yahoo! News Canada

With polls continuing to suggest a presidential election too close to call, attention has focused on what some critics refer to as voter suppression tactics and whether they could have a significant effect on such a tight race.
As with most election years, there have been regular media reports of such things as destruction of voter registration forms and allegations of voter intimidation. But more troubling for some are the suggestions that politicians, through the legislative process, are creating laws to disenfranchise certain voting groups. The accusations of legislative suppression are mostly targeted at Republicans, who are criticized by some civil rights groups for creating new laws, in particular voter identification laws, that affect mostly poor or minority voters — a demographic more inclined to vote Democrat.

National: How Hurricane Sandy could affect the election | Washington Post

Could the deadly Hurricane Sandy, headed for the East Coast, have an impact on the election? The storm is already affecting campaign schedules — Romney has canceled a planned rally in Virginia Beach. While the storm is expected to have passed by Nov. 6, it could leave flooding, power outages and destruction in its wake that would make it hard for voters to get to the polls. Two key states — Virginia and North Carolina — are in the path of the storm. So is Pennsylvania, a Democratic-leaning state that Republicans often eye. Rain showers and wind have already hit the coast of Florida. Parts of Ohio will feel the effects.

National: The Danger of Voter Fraud Vigilantes | NYTimes.com

In 2008, Montana was the canary in the coal mine. About a month before the election, a local citizen named Jacob Eaton formally challenged Kevin Furey’s voter registration, swearing that he was no longer eligible to vote. Furey had asked the post office to change his address from Helena to Missoula. Eaton asked local election officials to take Furey off the Helena rolls. Eaton did not, presumably, know that his target was 1st Lieutenant Kevin Furey, an Army Reserve officer deploying to Iraq. Lt. Furey had asked the post office to send his mail to his mother in Missoula while he was overseas. His legal residence never left Helena, and his right to vote there never changed. Had the challenge succeeded while he was deployed, Lt. Furey would have lost the chance to vote for his own commander in chief. Lt. Furey was not alone. Amateur “sleuths” challenged the voting rights of more than 6,000 other Montanans, based on a blunderbuss attempt to scan data records for ostensibly suspicious activity. When something looked suspicious (to them), they asked officials to cancel the offending registrations. In Montana, the challengers looked for postal records that didn’t match the voter rolls; other amateur detectives deployed different variations elsewhere.

National: No Supreme Court Action on Voting Rights Act | Associated Press

Three years ago, the Supreme Court warned there could be constitutional problems with a landmark civil rights law that has opened voting booths to millions of African-Americans. Now, opponents of a key part of the Voting Rights Act are asking the high court to finish off that provision. The basic question is whether state and local governments that once boasted of their racial discrimination still can be forced in the 21st century to get federal permission before making changes in the way they hold elections.

National: Spectre of Florida recount hangs over U.S. campaigns’ push for early voting | The Globe and Mail

No American election would be complete without the armies of lawyers that are being assembled by both parties to contest the results and monitor recounts if the outcome in some states is too close to call on Nov. 6. The nightmare scenario of 2000 – when a recount in Florida left the nation in limbo for days – is once again top of mind. The Obama campaign has launched an ad recalling the circumstances that allowed George W. Bush to claim the presidency 12 years ago, when the U.S. Supreme Court halted a recount in Florida with Mr. Bush ahead by only 537 votes.

National: Campaign lawyers gear up for nail-biter election | Deutsche Welle

The dead heat in the presidential race between Barack Obama and Mitt Romney brings back memories of the controversial 2000 election. But unlike 12 years ago, this time everyone is prepared to engage in legal battle. If the history of the 2000 presidential contest between George W. Bush and Al Gore is any indication of this year's election, we could be heading toward a political cliffhanger. That's because at this point - a week before election day on November 6 - the race between Obama and Romney might even be closer than that of 2000 between Bush and Gore. According to Real Clear Politics' national average, a sort of aggregated poll of most national surveys, Romney currently leads Obama by less than one percent point - a virtual tie. Back in 2000, at the same time, most national polls had Bush in front by several points.

National: How Hurricane Sandy Could Spoil Election Day | The New Republic

Could Hurricane Sandy lead to a constitutional crisis? Since 1845, Congress has mandated that the presidential election take place on the Tuesday after the first Monday in November. But no one in the waning days of the Tyler administration anticipated a giant hurricane hitting the East Coast within a week of Election Day. In fact, there is no precedent whatsoever for a natural disaster of this scale before a federal election. A devastating storm, like Sandy, could produce several constitutional and legal crises if voting can’t take place on November 6.

National: Absentee ballots may have been destroyed in crash | Boston.com

Federal officials say that absentee ballots being sent to U.S. military serving in Afghanistan may have been burned in a plane crash. A top official in the Federal Voting Assistance Program this week notified election officials across the nation that a transport plane crashed at Shindad Air Base on Oct. 19. The crash resulted in the destruction of 4,700 pounds of mail inbound to troops serving in the area.

National: An Electoral Tie Could Bind the Senate | Roll Call

One of Washington’s favorite parlor games is conjecturing about the remote possibility of an Electoral College tie. Prognosticators have come up with various maps and scenarios under which the election would result in a 269-269 deadlock, which would vest the responsibility of choosing the country’s leaders squarely in what polls say is one of the least popular institutions in the country — Congress. There’s little dispute about what would happen in the main event. Next year’s House would choose the president, with each state delegation casting one vote.

National: Could e-voting machines in Election 2012 be hacked? Yes. | CSMonitor.com

Rapid advances in the development of cyberweapons and malicious software mean that electronic-voting machines used in the 2012 election could be hacked, potentially tipping the presidential election or a number of other races. Since the machines are not connected to the Internet, any hack would not be a matter of someone sneaking through cyberspace to change ballots. Rather, the concern is that an individual hacker, a partisan group, or even a nation state could infect voting machines by gaining physical access to them or by targeting the companies that service them.

National: Presidential election 2012: Lawyers gird for possible recounts | POLITICO.com

As the frenzied race for the White House comes down to the wire, tens of thousands of partisan lawyers are mobilizing under the radar in battleground states, all steeling for one terrifying scenario: a recount that could decide the presidency. Their objective is to head off a repeat of the Gore-Bush fiasco 12 years ago in which Al Gore won the popular vote and George W. Bush captured the Electoral College and ultimately the presidency.“They are all bracing for Florida in 2000 — everyone wants to be in position so as not to be disadvantaged by a court decision in a tie,” says Steve Schmidt, who ran John McCain’s 2008 campaign. “This [is] a preventive strategy. They are largely in search of problems that don’t yet exist. It’s like the Cold War and nuclear capability. You want to have what the other guy has. ”

National: High court weighs new look at voting rights law | Businessweek

National: Thousands of People Have Used Remote-Controlled Pens Over The Internet To Register To Vote | TechPresident

While it's a drop in the bucket in numbers, this election cycle has seen one science-fiction like innovation in an area that might seem dry as dust, yet holds significance for the future of voter engagement: Voter registration. This year, more than 100,000 people have used remote-controlled pens over the Internet to sign and complete their voter-registration forms. President Obama's re-election campaign and Rock the Vote have both used the new service from the five-person startup Allpoint Voter Services in Oakland, Calif. The Obama campaign made the service available through its GottaRegister.com Web site to voters in North Carolina, 10 other states and the District of Columbia. Campaign finance records show that the campaign spent almost $43,000 from August through last week to use the service. Allpoint provided the service to Rock the Vote for free so that they could prove that the model works and can scale, says company spokesman Jude Barry. He claims that the system could potentially process a million voter registration forms a month.

National: Election’s poll workers face a myriad of challenges amid changes in voting rules | The Washington Post

There’s no talking politics on the job. Try not to wear red or blue. No snooping through electronic records to see whether your neighbor is lying about her age. Bring plenty of food for a day that will run from 5 a.m. to as late as 9 p.m. Most important, assistant registrar Keith Heyward told volunteer poll workers in a recent training class, is try to put voters at ease. Months of news reports about photo IDs and other changes have left them confused and leery.“People are coming to the precincts expecting you to give them a hard time,” Heyward said. “We don’t need you to give them a hard time.”

National: Hurricane, and Other Worries, Buffet Presidential Race | NYTimes.com