Election Integrity News - May 12, 2008

In this issue ...

National Stories

VA Retreats on Voter Registration Efforts for Wounded Veterans

ACCURATE Submits Comments on the Voluntary Voting System Guidelines

Wallach on Shamos on Paper Trails

EAC Selects D.C. Elections Director for Chief Operating Officer Post

Brennan Center Criticizes Supreme Court Decision to Uphold Indiana Voter ID Law

Feingold, Klobuchar, Ellison Work to Make Voting Easier for All Americans

News From Around the States

Guam's Razor-Thin Caucus Vote Shows the Need for Paper Ballots

Nuns Turned Away from Polls Due to Indiana Photo ID Law

Grayson Issues Warning to Kentucky Citizens about Voter Registration Effort

LibertyVote Leaves New York

North Carolina NAACP Files Formal Vote Suppression Complaint Against Women's Voices Women's Vote

South Dakota: Secretary of State Warns Against Bogus Mailings

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West Virginia Snapshot
by Sean Flaherty, Verified Voting Foundation

West Virginia law requires voter-verifiable paper records on all voting systems, and a manual count of 5% of precincts is required as part of the canvass under §3-4A-28(d) of the West Virginia Code. ES&S is the only vendor currently providing equipment in West Virginia. 

  • According to the Secretary of State's web page,  34 counties, with almost 59% of the state's registered voters, live in counties in which the only voting system for polling-place voting is the ES&S iVotronic DRE.
  • In 15 counties, the iVotronic is used for accessibility at the polls, but the primary system is centrally counted optical scan ballots, with the M650 counting the paper ballots. About 21% of the voters live in these counties.
  • 2 counties use hand-counted paper ballots, with the iVotronic for accessibility.
  • 4 counties use optical scan systems, with the AutoMARK ballot-marking device used for accessibility. Only two of these counties, Putnam and Kanawha Counties, possess precinct-count scanners. The largest of these four, Kanawha County, is also the largest in the state, with over 130,000 voters. Kanawha uses the iVotronic for accessibility at the polling place, but the AutoMARK for early voting. 

In all, it seems fair to estimate that the majority of votes cast in the primary will be cast on the iVotronic.  Mail-in absentee balloting requires an excuse, so the vast majority of votes in the DRE counties will, in fact,  be cast on the iVotronic.

As we have noted in previous state snapshots, the paper trail for the iVotronic, known as the Real Time Audit Log (RTAL), has been the subject of some for its design. Printer jams have also occurred with the RTAL, compromising about 9% of the machines in Guilford County, NC in the 2006 general election. The Ohio EVEREST review Academic Team report noted a risk that even voters careful to check the RTAL might not notice if their vote was cancelled quickly after printing. Combined with the severe security vulnerabilities of the machines, this is a serious concern.

The West Virginia Secretary of State's office reports that as of April 25, West Virginia has 1,183,495 registered voters. Each party's primary will be open to independents and to members of that party.  The Secretary of State reports that there are 665,234 registered Democrats,  347,760 Republicans, 156,199 voters registered with no party, and the remainder scattered among small parties.  The in-person early voting period ran from April 23 - May 10.

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VA Retreats on Voter Registration Efforts for Wounded Veterans
by Steven Rosenfeld, AlterNet Press Release - May 8, 2008

This article was posted at AlterNet and is reposted here with permission of the author.

The Department of Veterans Affairs has retreated on a recently announced policy to allow voter registration drives at its facilities where veterans' groups and others would assist wounded former soldiers to participate in the 2008 presidential election.

"It is VHA (Veterans Health Administration) policy to assist patients who seek to exercise their right to register and vote; however, due to Hatch Act (Title 5 United States Code (U.S.C.) 7321-7326) requirements and to avoid disruptions to facility operations, voter registration drives are not permitted," the new policy directive by Michael J. Kussman, Under Secretary for Health said.

The Hatch Act restricts political activities by federal employees.

The VA directive rolls back a new policy announced in late April where the agency agreed, after mounting public and political pressure, to assist wounded veterans with registering to vote and voting for federal elections. While the VA still says it will help former soldiers on an as-requested basis with registration and voting, curtailing voter registration drives brought swift condemnation from Capitol Hill and advocacy groups. Read More

ACCURATE Submits Comments on the Voluntary Voting System Guidelines
A Center for Correct, Usable, Reliable, Auditable, and Transparent Elections (ACCURATE) - May 5, 2008

Download ACCURATE'S Comments on the Draft VVSG

A Center for Correct, Usable, Reliable, Auditable and Transparent Elections (ACCURATE) submitted public comment today to the U.S. Election Assistance Commission on their draft Voluntary Voting System Guidelines (VVSG), urging the Commission to adopt certain key features fo the draft. The VVSG provides a national certification framework for U.S. voting systems against which 40 states require their voting systems to be certified.

ACCURATE's comments laud the new draft as a groundbreaking and badly needed overhaul of our national voting system standards while making constructive suggestions for further development.

The most significant element of the draft VVSG is the requirement for *software independence*, which would require voting systems to be designed so that undetected flaws in the voting system software cannot cause changes in the vote count. ACCURATE fully supports requiring software independence as the backbone of a robust and comprehensive next-generation voting system certification regime.

The commentary goes on to emphasize the importance of welcome features of the draft: adversarial vulnerability testing, volume testing, the new framework for usability and accessibility testing and comprehensive voting system documentation requirements. The comment closes by pointing out areas of the VVSG that will require increasedinstitutional support outside of the VVSG process, including the crucial innovation class and a closed loop for incident reporting and feedback.

ACCURATE plans to participate further as the draft VVSG is modified and extended.

Wallach on Shamos on Paper Trails
by Dan Wallach, Rice University - April 28, 2008

This article was posted on Ed Felten's Freedom To Tinker Blog and is reposted here with permission of the author.

In an interview with CNet, Michael Shamos talks about paper trails.  Shamos (pictured at right) is a professor at Carnegie Mellon University who has served as a voting system analyst for the Pennsylvania Secretary of State. In this article, a transcript of an interview conducted by Declan McCullagh, he spends a fair bit of time trashing paper trails, and by that, he’s referring to the “toilet paper roll” thermal printer attachments that are sold by the major U.S. voting system vendors.

He’s correct, to a limited extent.  He discusses a “20%” failure rate, which he probably gets from some problems in Ohio.  It’s certainly the case that these things are poorly engineered.  The ostensible reason for the continuous paper roll, as opposed to cutting the sheets individually, is that you’d have better reliability.  However, having the votes recorded in the order they were cast is a clear violation of voter privacy.  A more serious concern with paper trails is that it’s unclear whether voters will bother to double-check them at all.  I’ve pointed Freedom to Tinker readers at Sarah Everett’s PhD thesis before and it’s worth doing it again.  The punchline is that roughly two thirds of the test subjects didn’t notice when our homebrew DRE system was lying on its summary screen.  In fact, they gave our machine exceptionally high marks.  They loved it.

Shamos criticizes the EFF, VerifiedVoting, the League of Women voters, and anybody else he can think of because they advocate for paper trails.  The preferred solution that they generally advocate is hand-marked optical scan ballots.  These appear to have better accuracy, and paper ballots are, inherently, paper trails that give us an unfiltered window into the voters’ original intent.  Don’t interpret Shamos’s criticism of toilet-paper rolls as a criticism of hand-marked paper ballots. Read More

EAC Selects D.C. Elections Director for Chief Operating Officer Post
EAC Media Release - May 9, 2008

The U.S. Election Assistance Commission (EAC) today announced that Alice P. Miller will join the EAC as its chief operating officer, effective June 2, 2008. Ms. Miller currently is in charge of elections in the District of Columbia, where she serves its 340,000 active voters and manages a $5.2 million budget.

"We are very pleased to have someone with Alice's unique experience, both as a manager and an election official," said EAC Chair Rosemary Rodriguez. "The EAC has a lot of work ahead, and I am confident that she will help us make sure election officials have the tools they need to conduct accessible, accurate and secure elections."

Ms. Miller will oversee the day-to-day operations at the EAC in six program areas: Voting Systems Testing and Certification, HAVA Funding, Election Administration Improvement Programs, Research, Administration and Human Resources. Her leadership role will also figure centrally as the agency focuses on developing and integrating policies and procedures aimed at improving efficiency and transparency.

Ms. Miller is the executive director of the District of Columbia Board of Elections and Ethics. During her 12 years in this role, she has been responsible for overseeing and managing all aspects of elections, from voter registration to ballot access for candidates and measures. She also has directed the management of voter rolls and supervised the recruitment, training and deployment of 2,500 poll workers.

In addition to her duties as chief elections official for the District of Columbia, Ms. Miller also served in 2003 as president of the National Association of State Election Directors. She holds a juris doctor degree from Northeastern University School of Law and a bachelor of arts from Boston College.

Brennan Center Criticizes Supreme Court Decision to Uphold Indiana Voter ID Law
by The Brennan Center for Justice - April 28, 2008

While Court Leaves Door Open For Future Challenges to Restrictive ID Laws, Center Calls on Lawmakers Across Country to Enact Laws That Protect the Right to Vote

Today the Brennan Center for Justice criticized the U.S. Supreme Court’s decision to uphold Indiana’s voter identification law ­ the strictest in the country ­ but noted that the decision did not give other states a blank check to block eligible voters.  The Brennan Center called on lawmakers across the country to reject similar laws and to pass affirmative legislation protecting the right to vote.

“This year, millions of new voters are surging into the political process.  Lawmakers should be encouraging full participation by eligible citizens, not erecting new barriers to voting.  This is precisely the wrong message for the Supreme Court to send in this critical year.  We shouldn't give partisans an excuse to find ways to keep people from voting," said Michael Waldman, the Brennan Center’s Executive Director.

The Court’s 6-3 opinion in Crawford v. Marion County Election Board, widely considered the most important voting rights case since Bush v. Gore, recognized that ID laws may have negative impact, even when there is not sufficient evidence to find them unconstitutional.  As six Justices agreed, Indiana’s law places a heavier burden on some eligible citizens, particularly elderly and low-income persons who could be blocked from voting without the proper documentation.  The Brennan Center urged lawmakers to heed the disenfranchising impacts of ID laws acknowledged in today’s decision.

"Today’s decision is not the end of the story on voter ID.  Although the Court upheld Indiana’s voter ID law, it did not say that states must or even should pass restrictive ID laws.  Now it’s up to legislators and courts in states like Texas, Missouri, and Florida to decide if they are going to follow Indiana’s lead and disenfranchise American citizens, or if they’re going to protect the right to vote for all Americans as we head into a critical national election,” stated Wendy Weiser, Deputy Director of the Democracy Program at the Brennan Center for Justice.  “In doing so, they should keep in mind that the Court left open the possibility of future lawsuits against restrictive ID laws that prevent people from voting.” Read More

See Also:
Response to Supreme Court Ruling on Photo ID Law for Voters from David Orr, Cook County Illinois Clerk

Statement from Robert A. Brady, Chairman, Committee on House Administration

Asian American Groups Dismayed by U.S. Supreme Court Decision Upholding Voter ID Law

Lawyers’ Committee Disappointed with Supreme Court Decision to Uphold Indiana’s Voter ID Law

People For the American Way: Supreme Court Won’t Stand Up For Voters

Election Experts: Supreme Court Ruling Will Add to Long List of Hurdles Facing American Voters

Feingold, Klobuchar, Ellison Work to Make Voting Easier for All Americans
Senator Feingold Press Release - May 1, 2008

Bill Allowing Election Day Registration is Introduced Following Supreme Court Decision Allowing Laws Impeding the Right to Vote

U.S. Senators Russ Feingold (D-WI) and Amy Klobuchar (D-MN) and Representative Keith Ellison (D-MN) are introducing legislation to help more Americans register to vote by allowing Election Day registration at polling places for all federal elections. The Election Day Registration Act addresses chronic problems with the American electoral process – low voter turnout and archaic voter registration laws.

Election Day registration is also seen as preferable to advance registration since voters are actually present when they register, reducing opportunities for fraud. The bill’s introduction comes days after the Supreme Court upheld an Indiana voter ID law that seriously impedes the ability of elderly and low-income Americans to vote. Senators Tom Harkin (D-IA) and Jon Tester (D-MT), who represent states that recently enacted Election Day registration, are also cosponsors of the bill.

“The right to vote is at the heart of our democracy, and we should constantly be looking for ways to make it easier for Americans to exercise that right,” Feingold said.

“Election Day registration has worked well in Wisconsin for more than 30 years and is a major reason why Wisconsin is a national leader in voter turnout. By allowing people to register in person on Election Day, we can bring more people into the process, which only strengthens our democracy.” Read More

From Around the States

Guam's Razor-Thin Caucus Vote Shows the Need for Paper Ballots
Verified Voting Foundation Press Release - May 5, 2008

The extremely close vote in Guam's Democratic Presidential caucus shows the need for recountable and verifiable voting systems, the Verified Voting Foundation said Sunday. Only seven votes separated Senator Hillary Clinton and Senator Barack Obama out of over 4,500 cast.  The caucus used voter-marked paper ballots, and a recount was ordered.

“Since the election was conducted using voter-marked paper ballots, they can do a recount,” said Warren Stewart, Senior Project Director for Verified Voting.  “If the caucus had used paperless touch screens, all they would get would be a reprint,” Stewart said.  “Imagine the Electoral College this November is hanging on the results from one state ­ Pennsylvania, New Jersey, Virginia ­ where the winner is determined by a razor-thin margin and there is no way to conduct a meaningful recount. Add to that inevitable machine failures in a handful of precincts in the state that will have resulted in long lines or anomalous results, and we have a constitutional crisis.”

Prominent computer scientists have warned strongly that all electronic voting systems are vulnerable to error and tampering. Verified Voting estimates that over 30 per cent of the ballots in the November Presidential election will be cast on paperless electronic machines.  In Pennsylvania, Virginia, and Tennessee, most votes will be paperless, and in Georgia, New Jersey, and Maryland, electronic systems with no paper record will be the only voting method at the polls.  In all, 14 states will have some paperless electronic voting on November 4.  “Unfortunately, over one fourth states are not as ready for a close Presidential race as the Guam Presidential caucus,” said Stewart. Read More

Nuns Turned Away from Polls Due to Indiana Photo ID Law
by Deborah Hastings, Associated Press - May 6, 2008

About 12 Indiana nuns were turned away Tuesday from a polling place by a fellow bride of Christ because they didn't have state or federal identification bearing a photograph.

Sister Julie McGuire (pictured at right) said she was forced to turn away her fellow sisters at Saint Mary's Convent in South Bend, across the street from the University of Notre Dame, because they had been told earlier that they would need such an ID to vote.

The nuns, all in their 80s or 90s, didn't get one but came to the precinct anyway.

"One came down this morning, and she was 98, and she said, 'I don't want to go do that,'" Sister McGuire said. Some showed up with outdated passports. None of them drives.

The convent will make "a very concerted effort" to get proper identification for the nuns in time for the general election. "We're going to take from now until November to get them out and get this done.

"You can't do this like school kids on a bus," she said. "I wish we could."

Elsewhere across the pivotal state, voting appeared to run smoothly, despite the fears of some elections experts that the Supreme Court's recent refusal to strike down Indiana's controversial photo identification law could cause confusion at the polls.

In a primary expected to draw record numbers, a voter hot line set up by the secretary of state's office mostly received calls concerning precinct locations, spokeswoman Bethany Derringer said.

But a group of voting rights advocates that established a separate hot line reported receiving several calls from would-be voters who were turned away at precincts because they lacked state or federal identification bearing a photograph.

Read the Entire Article

Grayson Issues Warning to Kentucky Citizens about Voter Registration Effort
by Kentucky Secretary of State Trey Grayson - May 12, 2008

Secretary of State Trey Grayson issued a warning to Kentucky citizens that his office has learned that a voting group has sent thousands of potentially confusing mailings to women across Kentucky asking them to register to vote.  These mailings could cause confusion for Kentuckians because the deadline to register to vote in the upcoming May primary has already passed.  According to the group, “Women’s Voices. Women Vote.” (WVWV), the voter registration mailings were part of a larger nationwide mailing. Grayson encouraged voters to still consider registering to vote so that they will be eligible for the fall general election, but wanted to make sure that citizens understood that any new registrants registering after the April 21st deadline will not be able to vote in the May primary.

“I appreciate Women’s Voices Women Vote letting us know about this possibly confusing situation for Kentucky voters,” stated Secretary Grayson.  “It is important to stress that citizens can still register to vote for the November general election, but they will not be eligible to vote and in the upcoming primary.”

Page Gardner, President of WVWV, stated in her letter that:

“…Kentucky residents will receive this mail after the deadline for registering to vote to participate in the upcoming primary election.  Please be aware that the mailing is not intended to encourage registration specifically for the primary, but simply to encourage voter registration in general.  The mailing clearly indicates that the deadline to register to vote by mail for a particular election in Kentucky is 29 days before the election … We hope that this unfortunate coincidence in timing does not lead to any confusion or aggravation for either your state’s voters or registrars.”
Grayson had previously noted at a March press conference that many third-party registration groups are in Kentucky now and are trying to register voters.  He stated that there have been some complaints to the State Board of Elections about some of these voter registration efforts.  While most voter registration efforts are very helpful, they sometimes can confuse voters. Read More

LibertyVote Leaves New York
by Bo Lipari, New Yorkers for Verified Voting - April 23, 2008

Last of the DREs pull outs of the Empire State

It is now official. Liberty Election Systems has withdrawn their DRE from the New York State and has informed the State Board of Elections that they will not pursue further certification testing or fill their one current order. LibertyVote was promoting the Dutch Nedap DRE in New York State, but needed to post another $750,000 bond to cover the costs of ongoing certification testing as required by state regulations. Apparently LibertyVote and their partner Nedap decided it was time to stop throwing good money after bad and pulled the plug. LibertyVote/Nedap was the only remaining vendor offering a DRE in New York. The move represents the end of an era in New York State, and could be a harbinger for what lies ahead in the rest of the nation.

From way back in 2002, voting machine vendors were licking their lips at New York’s big $220 million dollar chunk of the HAVA pie. And right from the start they pitched the idea that “New York State was a DRE state”, a phrase which pretty much everyone bought into except for the citizen advocates who fought a long hard campaign to overcome this ‘accepted wisdom’.

The DREs pitched in New York, while sharing all the same problems and vulnerabilities of models used in other states, had a unique requirement ­ the touch screen needed to be very, very, very large, to accommodate New York’s full face ballot, resulting in a typically huge machine that weighed hundreds of pounds; was difficult to transport and store; and begged the question ­ what’s it going to cost to replace that big touch screen? Read More

North Carolina NAACP Files Formal Vote Suppression Complaint Against Women's Voices Women's Vote
by North Carolina NAACP - May 5, 2008
Alerts U.S. Department of Justice of concerns

The North Carolina NAACP has filed a formal complaint of possible voter suppression against Women's Voices Women Vote, the D.C. nonprofit that as we revealed earlier this week was behind the deceptive and illegal robo-calls made to state residents. The N.C. NAACP hand-delivered its complaint today to state Attorney General Roy Cooper and State Board of Elections Executive Director Gary Bartlett. It's also alerted the U.S. Department of Justice that it's collecting more information from its national network and is contemplating filing a formal complaint with that agency.

N.C. NAACP President Rev. Dr. William J. Barber II announced the filing of the complaint at a press conference held this afternoon outside the N.C. Department of Justice. He was joined by his group's attorney, Al McSurely, and Bob Hall of Democracy North Carolina. The state Attorney General's office is already investigating Women's Voices, but the N.C. NAACP and Democracy North Carolina want to be parties to that investigation.

"When you mess with the right to vote, you're messing with everything that is fundamental in our democracy," Barber said. Read More

South Dakota: Secretary of State Warns Against Bogus Mailings
by Rapid City Journal Staff - May 8, 2008

This article appeared in the Rapid City Journal.

Secretary of State Chris Nelson is warning South Dakotans that a Boston organization called the "Voter Participation Project" is sending mailings into South Dakota, saying residents -- under "state law" -- must re-register to vote. The mailing lists the Secretary of State's address, adding the appearance of credibility.

"The language in this mailing is not true," Nelson said. "This organization is misleading our citizens into thinking they need to fill out another voter registration form in order to vote."

Nelson said he has received a number of complaints about the mailings and that some of the mailings have gone to deceased South Dakotans. Others have targeted older citizens.

"My elderly mother received a mailing and was concerned that she needed to fill it out in order to vote," Nelson said.

He noted that voters aren't required to re-register when they move, but he does encourage the practice. Nelson said any voter wishing to view their registration status should go to www.sdsos.gov and click on the Voter Information Portal. The site shows where voters are registered, where polling places are and offers a sample ballot for the primary election.

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Election Integrity News Editor: Warren Stewart
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