Voting Blogs: Did New Jersey election officials fail to respect court order to improve security of elections? | Freedom to Tinker

The Gusciora case was filed in 2004 by the Rutgers Constitutional Litigation Clinic on behalf of Reed Gusciora and other public-interest plaintiffs. The Plaintiffs sought to end the use of paperless direct-recording electronic voting machines, which are very vulnerable to fraud and manipulation via replacement of their software. The defendant was the Governor of New Jersey, and as governors came and went it was variously titledGusciora v. McGreevey, Gusciora v. Corzine, Guscioria v. Christie.

In 2010 Judge Linda Feinberg issued an Opinion. She did not ban the machines, but ordered the State to implement several kinds of security measures: some to improve the security of the computers on which ballots are programmed (and results are tabulated), and some to improve the security of the computers inside the voting machines themselves.

Voting Blogs: New Jersey election cover-up | Andrew Appel/Freedom to Tinker

During the June 2011 New Jersey primary election, something went wrong in Cumberland County, which uses Sequoia AVC Advantage direct-recording electronic voting computers. From this we learned several things:

  1. New Jersey court-ordered election-security measures have not been effectively implemented.
  2. There is a reason to believe that New Jersey election officials have destroyed evidence in a pending court case, perhaps to cover up the noncompliance with these measures or to cover up irregularities in this election. There is enough evidence of a cover-up that a Superior Court judge has referred the matter to the State prosecutor's office.
  3. Like any DRE voting machine, the AVC Advantage is vulnerable to software-based vote stealing by replacing the internal vote-counting firmware. That kind of fraud probably did not occur in this case. But even without replacing the internal firmware, the AVC Advantage voting machine is vulnerable to the accidental or deliberate swapping of vote-totals between candidates. It is clear that the machine misreported votes in this election, and both technical and procedural safeguards proved ineffective to fully correct the error.

Mississippi: Democrat contests primary result in House race | The Clarion-Ledger

The loser in the Hinds County House District 73 Democratic primary is formally contesting the results. Terry resident Gay Polk said she hand-delivered a notice of contest Thursday afternoon to Hinds County Democratic Executive Committee chairman Claude McInnis. She lost by 90 votes to attorney Brad Oberhousen, also of Terry.

Polk, a registered nurse, wants a review and recount of all ballots - paper, electronic, affidavit, absentee and disqualified - plus poll books, sign-in registries and signature counts in the 13 precincts that are part of District 73.

While several other candidates have complained about election irregularities in the Democratic primary in Hinds County, none has taken the same step as Polk. Polk's notice puts into motion what could end up as a court challenge.

New Jersey: Supreme Court reverses decision in Atlantic Beach Town Council election | TheSunNews.com

The state Supreme Court ruled Thursday that two write-in candidates for seats on the Atlantic Beach Town Council may begin serving their terms as council members, saying there "was a direct attempt by the [Atlantic Beach Municipal Election Commission] to interfere with the full and fair expression of the voters' choice."

In the opinion, the state Supreme Court justices reversed a circuit court ruling that upheld the town election commission's decision to overturn election results. Former town manager Carolyn Cole and the Rev. Windy Price were thedeclared winners in the town's municipal election in November 2009.

Texas: Officials confirm irregularity in Rowlett special election | dallasnews.com

Elections officials confirmed Wednesday that there was an opening-day glitch in the early voting process for the July 16 special election. The glitch involved voters in Rowlett, which straddles Dallas and Rockwall counties.

A voter who lives in the Rockwall County part of Rowlett, Nicholas Kreekon, went to vote at about 12:15 p.m. on June 29 and was turned away. He was told only the Dallas County portion of Rowlett was eligible.

Kyrgyzstan: MP indignant at unfair election of Kyrgyzstan Central Election Commission’s members | eng.24.kg

Parliament member of Kyrgyzstan is indignant at unfair approach used during election of members of the Central Election Commission (CEC) by the presidential quota. Mrs. Galina Skripkina stated.

She said when the parliamentary quota of 8 persons was approved MPs voted for them through general ticket. “Now we are offered to vote for each four candidates separately. This is unfair. Tomorrow we can be accused of bias. We have to elect them through general ticket,” said Mrs. Skripkina.

Colorado: No indictments issued in Saguache election | Valley Courier

The grand jury report on the Saguache County 2010 General Election was released Tuesday afternoon by the State Attorney General’s Office but no indictments were returned in the investigation.

The report relates that Saguache County Clerk Melinda Myers did admit during her testimony that she failed to follow the Secretary of State (SOS) rules during the election.

In commentary submitted to the grand jury following its decision, Myers stated that she was “encouraged to see the conclusions so well explained and hope that we can finally put this election to rest.”

New Jersey: Faulty parts delay election results in Middlesex County NJ | MyCentralJersey.com

It was late Tuesday night — hours after the polls closed for the primary elections — and some candidates still had yet to learn the final vote tally. That’s because municipal clerks in Monroe, Plainsboro, South River and Woodbridge, many of whom started their day at 5 a.m., clocked out without ever learning the unofficial results because of an issue with some of the voting machines.

“To work those kind of hours and not be able to give the candidates their results is frustrating,” Monroe Township Clerk Sharon Doerfler said.

In Monroe, four of the voting machines were printing illegible numbers that ran over the top of one another. Like every other municipality, Monroe’s poll workers received an emergency number to call in the event of a malfunctioning voter machine.

New Jersey: Computer snag delays Montclair NJ Primary Election vote tally | NorthJersey.com

Due to a computer-software glitch, Montclair still didn't have its Primary Election results as of Wednesday afternoon, and was doubtful about having them by the end of yesterday.

"A nightmare. Never had this happen before," Township Deputy Clerk Carla Horowitz said Tuesday night as the township was struggling to tally the local results after a computer program went awry.

Late Wednesday morning, the Clerk's Office still wasn't able to get an accurate count of Montclair's votes and the municipal Information Technology officer was away, so he couldn't help.

"We worked on it this morning," Horowitz said. "The program seems to be working a little bit better."

Pennsylvania: South Greensburg PA councilwoman refuses to concede primary | Pittsburgh Tribune-Review

South Greensburg Councilwoman Linda Iezzi on Wednesday refused to concede in her race to secure one of two Democratic nominations for Westmoreland County commissioner. "I have to talk to my lawyer," Iezzi said as she weighed a potential recount of votes cast in the May 17 primary.

The county Elections Board yesterday preliminarily certified the results of the race, declaring incumbent Commissioner Ted Kopas of Hempfield and Mt. Pleasant Mayor Gerald Lucia as winners of the Democratic primary for county commissioner. Lucia, the long-time mayor of Mt. Pleasant Borough and its fire chief, finished 74 votes ahead of Iezzi.

Voting Blogs: Kloppenburg Concedes Wisconsin Supreme Court Election, Cites ‘Widespread Irregularities’, Says Problems Found During ‘Recount Should be Wake-Up Call’ | The Brad Blog

Citing a "cascade of irregularities", thousands of tabulation errors discovered during the statewide "recount", and tens of thousands of ballots found to be unverifiable or otherwise having been in violation of the secure chain of custody, Wisconsin's independent Asst. AG JoAnne Kloppenburg conceded the Wisconsin Supreme Court Election for a 10-year term on the bench to Republican incumbent Justice David Prosser this afternoon at a press conference held in Madison.

"Over 150 ballot bags containing tens of thousands of votes were found open, unsealed or torn. Waukesha County had twice as many torn, open or unsealed bags as every other county in the state combined. In many cases, municipal clerks in Waukesha testified the bags weren’t torn when they left cities, towns and villages so the security breaches occurred sometime when the bags were in Waukesha County’s custody."

Voting Blogs: State Election Board Failed to Review Minutes from Waukesha County ‘Recount’ Before Certifying Wisconsin Supreme Court Election Results | The Brad Blog

Last Monday, May 23rd, Wisconsin's Government Accountability Board (G.A.B.), the state's top election agency, officially certified [PDF] the controversial results of the extraordinarily close April 5th statewide Supreme Court election and its subsequent "recount".

However, as The BRAD BLOG has learned, the agency certified those results without reviewing hundreds of official exhibits documenting wholesale ballot irregularities, on-the-record objections from the attorneys of the candidate who filed for the "recount", and thousands of pages of official transcripts and minutes documenting the entire "recount" process from the election's most controversial county.

Wisconsin: Colleagues see Nickolaus as insular, hardworking | JSOnline

Kathy Nickolaus, the county clerk at the center of the state Supreme Court election controversy and the focus of an ongoing state elections investigation, has been described by colleagues and acquaintances as headstrong and insular, hardworking and independent.

She came to local public office, where constituents are the boss, from a staff job at the state Capitol, where partisan politics and loyalty to the party caucus fomented team warfare.

“I dont think shes ever gotten past that,” said Pam Reeves, the Republican elected county treasurer two years before Nickolaus arrival at the courthouse. “From the beginning she put up walls: Youre not going to tell me what to do. Then she put up more walls.”

Texas: Corpus Christi Texas Councilwoman asks for recount, investigation after 3 votes force runoff | Corpus Christi Caller-Times

Councilwoman Priscilla Leal wants a recount of Saturday’s election results and a state investigation into alleged voting problems in her district. Leal, who is seeking her fourth term as the District 3 representative, was forced into a runoff by three votes. She received 1,016 votes to challenger Roland Barrera’s 921 and Rose Marie Soto’s 99, according to complete, unofficial returns. Leal and Barrera will be in a runoff election June 11.

Leal met with City Secretary Armando Chapa late Monday afternoon to discuss her options and register complains about voting irregularities. 

Nigeria: Forensic Tests Will Expose The Fraud In 2011 Nigeria Polls | Sahara Reporters

These were the welcoming remarks by Professor Itse Sagay when Sunday Trust visited his office in Lagos for this interview: “I have every reason to be worried. Since I made a remark criticizing the last elections especially in the South East and South-south as not being credible, I have not rested.

I have received calls from people in power asking why I made such remarks. Nigeria is not the safest country in the world and that was why when I saw your huge group, I began to be worried if you are truly a media team.” In this explosive interview, the Delta state born legal luminary who is a Senior Advocate of Nigeria (SAN), though expressed fears for his life but stuck to his guns that elections in the two regions were essentially rigged by what he described as ‘unintelligent riggers’  and ‘barbarians’ who were bent on pleasing President Jonathan with block votes.

Wisconsin: City of Brookfield Ballot Bags Found “Wide Open” in Waukesha County, Wisconsin | Truthout

Five out of six bags of bal­lots from first batch to be co­un­ted out of the City of Brook­field in Waukes­ha Co­un­ty, Wis­consin today were dis­covered “al­most wide open” dur­ing Day 9 of the statewide Sup­reme Court elec­tion “re­count.” The bags were open and un­sealed, ac­cord­ing to both photog­raphic evi­d­ence and an eye-witnesses ac­count from the co­unt­ing room.

“When the bal­lot bags were taken out and placed upon the co­unt­ing table, we were lit­eral­ly stun­ned,” one of the citiz­en ob­serv­ers, Mary Mag­nuson, a Klop­penburg volun­te­er, told The BRAD BLOG this morn­ing. “5 out of the 6 bal­lot bags were al­most lit­eral­ly wide open, and bal­lots could be clear­ly seen.”

Ecuador: Ecuador referendum tightens – Government accuses NEC of vote manipulation | MiamiHerald.com

Ecuador’s government accused the National Electoral Council of manipulating the vote count of Saturday’s controversial referendum to make it appear as if it was losing two of the 10 issues. With 51 percent of the vote counted on Tuesday, the National Electoral Council said the government was behind on two questions.

On a plan to create a media-regulation board, the “no” vote was winning 44 percent versus 43 percent, according to the council’s website.

Ecuador: Correa accuses opposition of vote manipulation in Ecuador elections | AFP

Ecuador’s President Rafael Correa accused opposition groups Monday of manipulating the vote count in a referendum as his margin of victory narrowed on planned media, banking and judicial reforms. Certain provinces “are refusing to include their vote data in the national count in a protest to claim that there is a dead heat” on at least two media-related reforms, Correa said at a news conference.

But “no, there is no dead heat to be seen anywhere” he insisted, claiming his government swept the 10-question referendum with a wide margin of victory in most provinces of the South American country of more than 13 million. Opposition groups meanwhile called for a recount, pointing to inconsistencies in the results.

Editorials: Security Breach With Found Votes in Wisconsin Supreme Court Race | PoliticusUSA.com

You recall the “found” votes in Brookfield City that Waukesha County Clerk Kathy Nickolaus added to her off-system computer a day after the Wisconsin Supreme Court election results and failed to tell the election canvassers about for two days, right?

Those votes swung the election to the Republican, Prosser, by around 7,000 votes with a total of 14,000 votes being found after Nickolaus forgot to hit “save” after manually inputting the numbers. Nickolaus, who used to be the computer analyst for the GOP assembly, has a sordid history with the law already, having been granted immunity in a criminal investigation resulting from her work for the GOP assembly. Furthermore, her election security process has been roundly criticized even by Republicans. This is not her first rodeo with found votes that swung an election, either.

Wisconsin: Wisconsin’s Supreme Court Election ‘Recount’ is a Mess | The Brad Blog

Wisconsin is no Minnesota. Where Minnesota’s post-election hand count of the 2008 U.S. Senate election between then Sen. Norm Coleman and now Sen. Al Franken was, as we wrote at the UK’s Guardian at the time, “one of the longest and most transparent election hand-counts in the history of the US,” Wisconsin has made it extremely difficult (putting it nicely) to know what the hell is actually going on in their statewide “recount” of the April 5th, 2011, state Supreme Court election between Justice David Prosser and Asst. Attorney General JoAnne Kloppenburg.

Where Minnesota’s chief election official, Sec. of State Mark Ritchie, oversaw a process to ensure that updated and accurate numbers were easily tracked and transparently shared with the media on a daily basis, Wisconsin’s chief election authority, their Government Accountability Board (G.A.B.), has posted (and even sometimes removed) confusing, misleading, and unclear updates, often with inaccurate information, on various schedules, and frequently with little or no explanation for wholesale changes and deletion of data.

Wisconsin: Missing ballots in Verona Wisconsin cause glitch in Supreme Court race recount | The Capital Times

On Thursday afternoon official “tabulators” were busily counting ballots from the city of Verona when the votes came up more than 90 short of what the electronic readout from the voting machines said they should. That sent Verona officials on a hunt, and a rubber-banded stack of 97 ballots turned up in the office of Verona City Clerk Judy Masarik.

“There’s a table in the clerk’s office, and there was a binder and some other papers on top of the ballots,” said City Administrator Bill Burns, who found the stack. The statewide recount, requested by challenger JoAnne Kloppenburg after her narrow loss to incumbent David Prosser, has the potential to change the outcome, so the Verona situation caused much consternation. On election night, all the ballots were supposed to be secured in sealed bags, which were then supposed to be signed by local elections officials. The seals were supposed to remain intact. Burns found the bundle unbagged. They were bagged and he drove them to Madison. The bag had no signatures or initials.

Wisconsin: JoAnne Kloppenburg says anomalies were widespread during the state Supreme Court race | PolitiFact Wisconsin

Wisconsin Supreme Court candidate JoAnne Kloppenburg declared victory on election night when preliminary, unofficial returns put her 204 votes ahead of Justice David Prosser. Fifteen days later, she sought a statewide recount after the official county-by-county returns showed her trailing by more than 7,300 votes out of 1.5 million cast.

In explaining her decision, Kloppenburg told reporters that a recount may not get her over the top, but would shine a light on “an election that right now seems to so many people to be suspect.” She also went on the offensive, raising questions about the legitimacy of the vote count around the state. “There are legitimate and widespread anomalies,” said Kloppenburg, a state Justice Department attorney, “and widespread questions about the conduct of this election, most visibly in Waukesha County, but also in counties around the state.”

Wisconsin: State investigating vote irregularities in Waukesha County going back 5 years | Wisconsin State Journal

The state’s investigation into vote irregularities in Waukesha County will stretch back at least five years, the head of the Government Accountability Board said Thursday. Questions over vote totals in Waukesha have lingered over the past week after County Clerk Kathy Nickolaus announced she failed to report more than 14,000 votes from the city of Brookfield in initial vote totals.

The new total gave incumbent Supreme Court Justice David Prosser a lead of about 7,000 votes over challenger JoAnne Kloppenburg in the hotly contested state Supreme Court race. Official results in that race have not yet been announced. Now questions have emerged over Nickolaus’ published vote counts from as far back as the fall of 2006, when there were key statewide elections including races for governor and attorney general.

Wisconsin: Wisconsin Democrats Calling for Hearings, Probes into Nickolaus’ Election Results | Brookfield, WI Patch

The Democratic Party of Wisconsin today asked state elections officials to review the Waukesha County vote tally in the 2006 state Attorney General election, after a liberal blogger pointed out there were about 17,000 more votes recorded than ballots cast.

Waukesha County Clerk Kathy Nickolaus posted an asterisk on the 2006 results on the county’s web site, with a note that said votes that are hand-counted and not electronically cast through machines are not included in the ballots cast figure.

Wisconsin: Waukesha County Wisconsin Auditor Nickolaus fends off calls for resignation | JSOnline

Waukesha County Clerk Kathy Nickolaus, under blistering attack by critics since an election night reporting error that temporarily reversed results of the Supreme Court race, on Tuesday rejected calls that she resign. “I will serve the remainder of my term,” Nickolaus said in a written statement. “I understand why people are upset and I am taking this matter seriously. Again, I am sorry for my mistake.”

Earlier Tuesday, Waukesha County Democratic Party Chairman Victor Weers said in a news release that not only has the clerk’s vote-counting and reporting process produced problems, but “Ms. Nicholaus (sic) has willfully ignored pleas to repair her broken reporting process in an open and technologically reliable way.” “We must have a county clerk that we can trust to do this important work of the people with competence, security and openness. Waukesha must have a new county clerk now.”

Editorials: Lisa Pease: More Twists and Turns in Wisconsin | Consortium News

I’m still mulling over the recent Wisconsin election in general and the actions of Waukesha County’s County Clerk Kathy Nickolaus in particular. She was the one who forgot to record votes that would have made her former boss, Justice David Prosser, the winner in a hotly contested election.

After my first report on this strange set of circumstances, data surfaced to show that the missing city’s data had been reported earlier by the city itself. The numbers Nickolaus reported were an exact match. So it doesn’t look like anyone made up the numbers for the missing town’s results in Brookfield. And then there was the stamp of approval from Democratic Party member Ramona Kitzinger who said the numbers “jived” with what she had been shown.

Wisconsin: Democrat on Waukesha County vote panel speaks out | JSOnline

The Democrat on the Waukesha County Board of Canvassers who was widely quoted as endorsing the county clerk’s official ballot count that flipped the state Supreme Court winner last week said Monday that she was never told about more than 14,000 missing votes from the city of Brookfield until shortly before a Thursday news conference. By then, the three-member board had finished its canvass, which had started midday Wednesday.

The Waukesha County Democratic Party released a statement Monday ascribed to Ramona Kitzinger, 80, a member of the canvassing board since 2004. In the statement, Kitzinger said that even during the canvass of Brookfield’s votes during the day Thursday, no mention was made of the big mistake, something in retrospect she called “shocking and somewhat appalling.”

Full Article: http://www.jsonline.com/news/waukesha/119627189.html

Wisconsin: Statement & Account of Ramona Kitzinger, Waukesha Board of Canvassers member since 2004

On Tuesday night, I received a voice message from someone in the office of Clerk Kathy Nickolaus informing me of a Wednesday canvass meeting, which I returned the next morning and said I would be able to report into the canvass by noon – which I did. Normally the canvass would begin at 9am on Thursday, as has been the general practice for many years. No one explained why they were beginning the canvass on Wednesday, just to please report immediately.

Before this telephone call, I had not been contacted as the designated Democratic observer, and I saw no public notice of the abnormal canvass time. The phone call simply instructed me to report by noon to begin the canvass, which I did. The canvass then proceeded as normal, with no glaring irregularities or mention of a possible 15,000 vote error in Brookfield City.

Wisconsin: More Controversy Clouds Wisconsin Supreme Court Race | Wall Street Journal

The Wisconsin Supreme Court election that could affect a contentious union-rights law just got even messier. On Monday, the 80-year-old Democratic election observer who vouched for the conduct of the Waukesha County Clerk in the April 5 state Supreme Court race said she was kept in the dark and now isn’t sure what happened.

Last week, observer Ramona Kitzinger told reporters that the numbers Waukesha County Clerk Kathy Nickolaus reported “jived” with what she witnessed. On Monday, the Waukesha Democratic Party released a statement ascribed to Ms. Kitzinger saying she’s “very, very confused about why the canvass was finalized.”