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False Choices in the Debate on Voting Technology

By Brad Friedman, AlterNet. Posted February 28, 2007.


American democracy cannot afford another questionable presidential election. So why are the Democrats getting the solution so wrong?

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American democracy cannot afford another questionable presidential election. Anybody disagree? The good news is that over the course of the last few years -- through the exhaustive and tireless work of an extraordinarily dedicated, rag-tag band of citizen patriots I call "The Election Integrity Movement" -- both the public and most of our politicians have finally come to understand that we have a serious problem with our electoral system.

The bad news is that, while they've finally discovered there's a problem -- unreliable, inaccurate, hackable voting machines, which count our public elections with secret software created by private companies -- the politicians, specifically the Democrats, and many of their public advocacy groups, have gotten the solution wrong. The answer is not "paper trails," that will never be counted, attached to touch-screen voting systems. The answer is paper ballots that are actually tabulated, either by optical-scan or hand-count. Seems simple enough, I know. But apparently not.

At The BRAD BLOG, we've been discussing the pros and cons of Rep. Rush Holt's (D-NJ) new Election Reform bill HR 811 since it dropped about two weeks ago in the House. It has a lot of co-sponsors and traction, and there is much good in it. Some of its features include requirements for publicly-disclosed software, greatly increased restrictions on the use of the Internet and other networking, a ban on insane voting machine "sleepovers" at pollworkers' houses prior to elections, mandatory random audits of results, and a requirement for a "durable and archival paper ballot for every vote cast. Trouble is, Holt's bill never requires that the "durable and archival paper ballot" actually be tabulated. And that was no mistake.

I was allowed to give input to Holt's office with each draft of the new legislation -- an update, and a great improvement, to his Election Reform bill from the last session (HR 550) which, thanks to former-Rep. Bob Ney and the Republicans, never even made it to mark-up in committee. With each successive draft of the new bill, I suggested language that would require those "paper ballots" actually be tabulated, and each time, that language was not added.

Why? Because if such a requirement existed, Direct Recording Electronic (DRE/touch-screen) devices would effectively be banned forever from American elections in the bargain.

Sounds good to me. Given the number of legally-registered voters (thousands, if not millions) who were unable to even cast a vote due to DRE break-downs during the 2006 election cycle -- something that doesn't happen with a paper-based optical-scan or hand-counted system, which allows a voter to vote no matter what -- and the number of votes that were either flipped, recorded incorrectly or not at all by such touch-screen systems, it would seem to be a no-brainer that it's time to ban them all together.

Even the new Republican Governor of Florida now wants to replace his state's DRE machines with optical-scan systems. And, every computer scientist and computer expert I've ever spoken with agrees that op-scans are far safer for use in elections than DRE's.

Yet, Holt won't call for a ban on DREs in his legislation, and a number of the largest Democratic-based public-advocacy and civil rights groups don't want to ban them either. They are willing to support the dangerous Holt bill as is. So what the hell is going on here?

Here's what's going on: Supporters of the legislation are using three false dichotomies opportunistically and/or disingenuously and/or naively to help see it passed by Congress.

Democrats who support the bill, along with their closely-allied public advocacy groups -- such as Common Cause, PFAW, MoveOn, the Leadership Conference on Civil Rights, VoteTrustUSA, and the Miami-Dade Election Reform Coalition -- are currently unable or unwilling to show the necessary courage to insist upon the banning of disenfranchising, failed DRE/touch-screen voting system technology from all American elections.

And this is happening despite the fact that most of those groups actually agree --- and will admit privately, if not always publicly --- that DRE technology has no place in our electoral system.

Collectively, the following three arguments are being used to shore up support for a bill which offers much good, yet ultimately may prove to be as dangerous as the disastrous Help America Vote Act (HAVA), which set aside $3.8 billion federal tax dollars to "upgrade" America's electoral system with these god-forsaken machines.


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Hand-counted ballots work for us.
Posted by: Annarisse on Feb 28, 2007 4:13 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
In Canada, we take a ballot into a little cardboard booth, mark it with a golf pencil, and return it to slip it, folded, into a sealed cardboard box. At the end of election day, the two polling clerks break the seal, under the supervision of whatever party scrutineers want to watch. One marks tallies on a sheet while the other reads the votes and separates them into piles. The scrutineers watch for mistakes, like counting a ballot that has two marks on it. When they're done, the poll clerks give their numbers to the supervisor for their polling station (there are usually four or five polls per station) and he phones them into the Returning Office. Meanwhile, all the scrutineers are phoning the same numbers into their offices, so about four different offices are getting the same numbers at the same time - within an hour or so of the polls closing.

I know of exactly one election in Canada, done this way, where there was an accusation of fraud, and it didn't result in a change in the election results.

Hand-counting works. It requires more volunteers and paid poll clerks, but it works. It's the system that Canada regularly exports to other countries around the world.

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» RE: sold! Posted by: ScottP
Please Send Link of Article to Your Congressmen
Posted by: Christie on Feb 28, 2007 4:32 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Please email your Congressmen and Congresswomen with a note and a link to this article. Our democracy depends on critical actions by voters urgng our elected official to be informed, then vote responsibly. Here is the note I sent:
*************************************************
The Holt bill on voting machines is dangerous. We must insist on paper ballots. See this well reasoned article (link below) explaining the weaknesses in Holt’s bill and the danger to our democracy by not insisting on paper ballots that are counted.
-------------------------------------
False Choices in the Debate on Voting Technology
http://www.alternet.org/story/48427/

American democracy cannot afford another questionable presidential election. So why are the Democrats getting the solution so wrong?
-------------------------------------

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Nottslanding
Posted by: Snott on Feb 28, 2007 7:52 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I worked in the electronic data processing end of elections for several years about 35 years ago. Now, I'll admit, we were state of the art at the time, and had voters fill the bubbles on cards with #2 pencils! We NEVER lost scads of cards/votes because the tally machines malfunctioned. Before elections, the Secretary of State would come and run their test ballots (quite a few, actually) and we'd better come up with the same tally they had, or there's be heck to pay - and we'd have to fix it before the election. The code was then put under lock and key and, by gosh, spot checks of card results throughout the state had better match what the Secretary of State's Office came up with.

Technology has certainly improved since then, and I KNOW that optical scanning is widely used in the industry now. How about all those tests that are used to determine whether any children are left behind - you can bet they're optical scan. Likewise - SAT, GMAT, ACT -that determine college futures! Scanned. If a grade school child can use optical scanners answer sheets, what makes us think adults can't? There's no reason that industries that can build machines to manufacture precision medical instruments can't build a scanner that doesn't chew up a ballot and reads it accurately!

Maybe there's a reason our lawmakers are so slow on the uptake? Hey, I'm not exactly calling it all crooked - well, yes, maybe I am.

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Not so fast, please
Posted by: diogenes on Feb 28, 2007 8:37 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Before anybody dashes off a link to this article to their Congressmember, please visit this link to learn how optical scanners can be hacked to rig an election.
Hack the Vote. Normally I would acquiesse to Brad Friedman's obviously superior knowledge about voting systems, but there's lots of articles out there to contraindicate the use of computers in anyform to tabulate ballots.

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» RE: Not so fast, please Posted by: oregoncharles
» RE: Not so fast, please Posted by: BradBlog
» RE: Not so fast, please Posted by: diogenes
Elections are a local issue:
Posted by: oregoncharles on Feb 28, 2007 8:37 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Elections are run by your COUNTY, supervised by the state Secretary of State. If you don't want DRE's, talk to your county officials: they buy the electoral equipment, and run it. At least in my county, the elections office is perfectly happy to answer any questions you might have. And it doesn't take many people to make an impression on County Commisioners. Granted, that may not be true in L.A. County, but usually it is. And your state legislators are also highly accessible. Federalizing elections is dangerous: too easy to crook the whole country, as HAVA did.

Next: I highly recommend Oregon's mail-in voting. I've gone into the details before, but the big thing here is that it defines a ballot as a piece of paper the voter has marked - in our case, at home, with time to think about it and correct any mistakes. At least in my county, the ballots are counted by optical scan. Oregon has done well at keeping it clean; a state with a lot of corruption will have the same problems with any system, and worse with DREs.

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» Did you say Florida? Posted by: Ellie1
» RE: Did you say Florida? Posted by: JSquercia
If This Bill...
Posted by: bob t on Feb 28, 2007 8:41 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
...goes through the rethugs will blame the Dems for any voting irregularities just as they now can blame the Dems for any problems with the Iraq war because the Dems now have power in congress. How stupid the Dems are to walk into the rethug trap and not see it for what it is. Or have Holt or the Dems already been bought off by Diebold and ES&S. If the Dems pass this stupid Holt bill then they are either to stupid to run america or they have been bought off, like Hillary Clinton has by Rupert Murdoch. People must remember that Bill Clinton is a Bilderberger and member of other secret groups. Secrecy is the death knell for our democracy(Republic democracy or is it Republican democracy). I just don't trust politicians, they can all be bought. As long as pols can be bought our democracy is doomed. We will truly become a fascist state with the citizens of america nothing more than the workers/laborers just as all fascist groups desire. I, for one, will not let big religion(catholics or SBC) neocons or corporitists turn us into any more of a fascist state than we already are, which is already far too much.

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How about...
Posted by: JoshuaLudd on Feb 28, 2007 8:52 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
How about the false choices in voting AT ALL in this country???

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» Joshua - You're 100% WRONG! Posted by: Lincoln fan
Short Attention Span/Instant Gratification Society
Posted by: NoPCZone on Feb 28, 2007 8:56 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
If we are going to have a democracy, let's do it right. There is no compelling reason to have results tabbed electronically in 2-3 hours just so the TV pundits can spin the results for ratings and profit. What follows is a modest proposal:

1- Make election day a holiday (official- not optional) so that everyone can vote and concentrate on getting out the vote. Federal Office elections should be separate from state & local elections, which can be scheduled by the state in a similar manner on another date in a similar manner.

2- All ballots will be paper, follow a universal format and be marked with permanent ink. Any ballot questions or initiatives should be worded in plain and unambiguous language, with legalese being a major no-no.

3- Each polling place will have available instant online verification of voter registration, with instant registration available for anyone with the documents necessary to prove residency and citizenship.

4- Contract data mining documents and databases may not be used by either poll workers or poll monitors to challenge any voter. Get money and profit out of election processes.

5- All vote counting will be done openly with results and methodologies publicly available. No private data.

6- All results will be embargoed until a specified time 24-48 hours after the election is completed. No data will be released to the press until after that time.

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False Choice #4: Democrat or Republican.
Posted by: albrechtkrausse on Feb 28, 2007 9:31 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
you forgot the obvious dichotomy. The 'system' won't be fixed (or more properly not-fixed in the mafia-style use of the word) because it benefits both parties (who usually are the same). You have local level bosses who don't want change and you have national level parties who don't want change. Incumbency is great, lacking that, then elect the 'other' party and allow the incumbent to go back into private industry or lobbying, make more money, and run again. Switch it around sometimes so the voters think they have choices. Nice rackette really....

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Election, shmelection
Posted by: willymack on Feb 28, 2007 3:57 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
We can't seem to get together on a goddam thing in this country anymore. First off, the 2000 and 2004 "elections" were FRADULENT. The mountain of evidence to this fact is intcontrovertible. Secondly, the causes of the fraud are well known, with Diebold and other crooked companies at the forefront, as well as voter intimidation in critical areas, tossing ballots, likely to have votes for Democrats on them, and the hopelessly corrupt Electoral College, as well as the (not so) Supreme court chipping in. All this is a MATTER OF RECORD, so no one with half a mind need be confused. The remedy is just as simple and obvious; eliminate the problems-ALL of them.

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Mix paper & electronics
Posted by: anothername on Feb 28, 2007 4:30 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I am an old hippie at heart. I liked the punch card ballots because a political statement could be made by any voter on his or her ballot without wrecking havoc with anyone else's vote. With lever machines, the curtains won't open unless the lever is pulled to cast a vote; causes hassles if the vote is to be cast as a protest vote with no candidates selected. Optical scanners that beep if a contest is left blank is an invasion of privacy of the vote. Disabled voters should be able to vote unassisted.

Thus, use a computer or other machine to make the vote selections, then have the machine print out the ballot with proper spaces marked, in English and in Braille, and in any other form required by the Voting Rights Act. Running out of paper and having jammed machines is no different than not having enough ballots printed and delivered. Cost is reduced because there could be a central hookup with all the options, since the count is not recorded within the terminal, and election officials do not need to guess the proper number of ballots per precinct to print.

Of course, I also believe we must have "None of the Above" as a valid option.

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It's ALL CR*P
Posted by: gmadoll789 on Feb 28, 2007 4:43 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
The software is CR*P!!
The hardware is CR*P!!
The COMPANIES are CR*P!!!
Mainly it's the companies.
If Cisco had developed the software and hardware I would probably have NO trouble trusting them. The genuine possibilities of computerized voting are enormous!! Think about it!!
You could vote ANYWHERE in the country, and your vote would, of course, count - none of this 'wrong table' bullsh!t!! Etc. etc.That, and registration on eighteenth birthday, would be great!

I'd even be happier if MICROSOFT had done it! (Bite my tongue!!!)

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For a good laugh check the BBC's response:
Posted by: rwa on Feb 28, 2007 4:45 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
BBC's lame response

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Nader has a Good Idea
Posted by: BriMan on Feb 28, 2007 9:27 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
After we fix the problems counting the vote (and I think we will eventually with enough screaming and raising hell), America should institute mandatory voting. Make it illegal not to vote and make election day a holiday (as stated in a previous post).

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» RE: Nader has a Good Idea Posted by: jmp3954
When are people going to get serious?
Posted by: paul_revere on Mar 4, 2007 2:21 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I am a resident of Oregon, the first and only state to vote exclusively by mail. It was sad to see people in Ohio in 2004 getting the shaft by having to stand in the rain and cold waiting up to 9 hours to vote. No doubt this treatment, along with the secrecy behind the vote count, demoralized some Ohio voters to the point where they probably feel that their vote doesn't make a difference.

Oregon had the highest percentage of registered voters to cast ballots. In 2002 we had 81% participation by registered voters. In 2004, it was up to 83%.

My wife and I sat at our table, readied our pens and then cast our votes. We were able to discuss the issues with the information books at hand, and, along with our own convictions about the candidates, make decisions and mark our ballots. Then we placed the ballots in the appropriate envelopes. We could have mailed the ballots, but we opted to drive over to a designated drop box at a County Elections Office. It was one of the easiest things we have ever done.

Imagine if all those Ohio voters did this on Election Day? They would feel empowered because they could take part in our electoral process without taking off work or standing in the rain.

Our Secretary of State had an article published in the Washington Post on January 10, 2005 under the title: "Vote-by-Mail: The Real Winner Is Democracy" (Reposted at my website under the Blog.) Unfortunately, nobody listened and most keep squawking about a paper trail. Sorry, but the time has come to change the process. It does no good to cast a vote at a computer terminal. Mail is the easiest and best method. Any concerns about the counting can now be solely focused upon instead of also worrying about the casting of the vote. It wouldn't take much to establish bi-partisan or non-partisan counting groups within each state.

It's not too late for citizens of many states to begin a direct initiative and start collecting signatures in order to get it voted on in the 2008 elections. The difference in citizen trust, confidence and empowerment will be remarkable!

There are up to 18 states which allow peoples' initiatives to change their state constitution to provide for a change to their voting method. I have revealed these particular states and the requirements at my website -- www.electionsbymail.com. It is not that difficult to get this type of initiative on the ballot because it is basically a non-partisan idea.

It only takes another state or two, possibly Ohio and California, to make the change and then other states will likely follow. In those states which don't allow ballot initiatives to change their constitution, the State representatives can be urged by their citizens to make the change.

It's time to start a revolution -- non-violent and from within!

Go to www.electionsbymail.com

Paul Revere

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