Are you a Conspiracy Theorist?

Last week as I prepared for the MLK Conversation, I wrote up a couple of Frequently Asked Questions, one asked about Conspiracy Theorists.

Are you a Conspiracy Theorist?

I think we all are.  We just don’t recognize that many of the things we believe are conspiracies.  Many were unproven allegations before we believed them…

Reading the Hartford Courant and the New York Times its amazing how many articles involve actual or alleged conspiracies.  I counted at least a score  in those two publications, just today. Take this as an exercise. Pick up your newspaper, online news site, or look at Facebook for a while and see how many you see that you believe are actual conspiracies, are possible, or are doubtful.  Here are some ideas to ponder…

Last week as I prepared for the MLK Conversation, I wrote up a couple of Frequently Asked Questions, one asked about Conspiracy Theorists.

Are you a Conspiracy Theorist?

I think we all are.  We just don’t recognize that many of the things we believe are conspiracies.  Many were unproven allegations before we believed them. For example:

  • Russian hacking the 2016 election and news propaganda leading up to that election.
  • Hollywood and Congressional sex abuse coverups.
  • Tobacco and Energy companies hiding the effects of tabacco and fossil fuels for decades.

For a wide election coverup see the documentary Atticus v. The Architect about Don Siegleman’s election loss in Alabama.  The conspiracy by now is widely known, yet the good have been punished, and the perpetrators have been promoted.

I guarantee you everyone in this room believes in some conspiracies, some of which are widely accepted, yet not proven.  We call them Conspiracy Theories only when we aren’t convinced or suspicious.

Reading the Hartford Courant and the New York Times its amazing how many articles involve actual or alleged conspiracies.  I counted at least a score in those two publications, just today. Take this as an exercise. Pick up your newspaper, online news site, or look at Facebook for a while and see how many you see that you believe are actual conspiracies, are possible, or are doubtful.  Here are some ideas to ponder:

  • What articles allege Russians hacked the election?
  • A conspiracy to execute illegal contracts with the CT Education Department?
  • Some unknown legislators or staff add items to bills?
  • What evidence is presented?
  • Do you believe it or disbelieve it based on your political or other predispositions?
  • Is it overblown in the article or did you have to read behind the lines to see it was a conspiracy?

My bet is that you are a Conspiracy Theorist.  Yet get upset when someone calls you one.  That is because its pejorative, no longer connected to the actual meanings of Conspiracy and Theory.

 

Where Common Sense fails: Do insider attacks require a sophisticated conspiracy?

In this post, we address where Common Sense fails. Where what seems obvious to individuals and election officials is often counter to the facts or science. Those that are unfamiliar with technology and a specific area of science often overestimate how difficult or easy specific things are to accomplish.

Note: This is the fifth post in an occasional series on Common Sense Election Integrity, summarizing, updating, and expanding on many previous posts covering election integrity, focused on Connecticut. <previous> <next>

We frequently hear versions of the following comments, often from election officials:

“It would take a very sophisticated operation to steal an election. Computer experts with access to the election system.”

“Our staff is trusted and they don’t have that level of expertise.”

“You are a conspiracy theorist, you just don’t trust election officials, and the security of our voting machines”

To some of these charges I plead guilty and with others items beg to disagree:

  • I do believe in the existence and possibilities of fraud by conspiracy, yet in the case of election integrity argue that compromising an election does not require the existence of a conspiracy of the sort implied by the current definition of conspiracy theory. In fact, individuals have been convicted or exposed for small to moderate size conspiracies.
  • I do trust most election officials. The problem is that many election officials express and request blind trust of all election officials. This despite regular instances of errors by officials, and occasional successful prosecution of various election officials for criminal violations. Unless election officials are cut from a different class than other citizens and public officials, some of the time, some of them will make errors, and others will comitt fraud, sometimes without prosecution, and sometimes undetected.
  • It does not require a sophisticated operation to steal an election. Fraud would not necessarily require computer experts with access to the election system.

In this post, we address where Common Sense fails. Where what seems obvious to individuals and election officials is often counter to the facts or science. Here we have to be careful trusting our own initial views and those of honest officials, we need to be open to the idea that we may not individually have all the answers -willing to listen to, if not completely trust, scientists and the facts. (We are not just talking about elections here, but many other areas which are critical to democracy and life.)

Those that are unfamiliar with technology and a specific area of science often overestimate how difficult or easy specific things are to accomplish. As we often confuse conspiracy and conspiracy theory, we often confuse the meanings of theory, between the common meaning of theory and a scientific theory. They are as different as a Pat Robertson theory of earthquakes and the germ theory of disease.

For instance, people often think technologists can do anything such as solve the nuclear waste problem, cure all cancer, make smoking safe, produce clean coal, or provide safe internet voting. These are all hard problems that have, so far, eluded teams of the best scientists. I frequently recall a friend in middle school, in the late 1950’s, who had no concerns with smoking, saying “By the time I get lung cancer in 30 or 40 years, science will have a cure”.

Once even “scientists” believed with the right recipe sea water could be turned into gold. In the dark ages of the 1950’s it was believed it would be possible to predict the weather and the economy, if only we had enough data and the right programs. Since then, with the advent of Chaos Theory, we have learned both are impossible, yet that fact has provided us the opportunity to deal with the economy and weather more rationally and realistically. Since the 30’s or 40’s we have also known that it is impossible to prove that any computer software/hardware system is accurate and safe – there is no recipe possible. (And thus it is also impossible to build a computer or communications system that is provably safe. In practice, we can see from failed attempts of government and industry that the best systems are, in fact, regularly compromised, providing practical as well as theoretical reasons to avoid trusting any computer/communications system.)

On the other side, many things are much easier than the public and many elections officials believe. Smart individuals and small groups continue to create computer viruses and hack into the best systems of the most sophisticated government agencies and industries. On the easy side, the U.S. Government believes, apparently with good reason, that a single Army Private could access and steal a huge number of confidential documents from many Federal agencies. (That he was a low level insider with lots of access, just emphasizes how vulnerable systems are to a single insider and that it would take steps in addition to a safe computer system, even if that were possible, to protect us from an insider.)

How often have we each gone to an expert with what we viewed as a tough problem, only to have it solved quickly and inexpensively? For example: Recently, my condominium unit needed a new main shut-0ff valve. The maintenance staff and I believed it would be a big job requiring service interruption to dozens in my neighborhood requiring a shut-off of a valve in the street. Enlisting the help of a general plumbing contractor, the contractor simply froze my pipe while installing a new valve.

When it comes to election machine hacking, online voting, and conventional stealing of votes it is relatively easy in many jurisdictions to compromise the vote, especially when it only requires a single insider. Some attacks take extensive technical knowledge which many hackers possess and could help or intimidate a single insider to execute or could simply get a job in election administration. Other attacks take very little technical expertise. When officials misjudge how easy it is for attacks to be accomplished, when officials don’t understand technology, it makes it all the easier for a single trusted insider.

One company, LHS, programs all the election memory cards for Connecticut and other states. LHS’s President said that we are safe from hacked cards because he has no employees with software expertise (including himself). There are several fallacies in this:
— How would he know if a particular employee has technical expertise?
— It is not all that hard to miss-program memory cards.
— A single employee could gain outside technical help or be intimidated to do what an outsider demands.

Similarly, many election officials would claim we are safe because they do not have computer experts on their staff. Once again, how would they know how much it would take and what a person does not know?

As for outsider attacks, one example: To our knowledge, in only one instance, a Internet voting system was subjected to a open, public security test. It was compromised extensively and quickly. Even if it had not been compromised so easily or was subjected to a more extensive test it would hardly be proven safe, hardly be safe from attack by insiders.

In our view, the best we can do realistically is voter created paper ballots, counted in public by machine, a printout of results in public, followed by a secure ballot chain of custody, followed by effective independent post-election audits, and where necessary complete recounts.  All transparent.

Finally, we need to emphasize the requirement for a “secure ballot chain-of-custody” or at least a reasonably secure system making it difficult for single insiders to compromise ballots. For those with blind trust in security seals we provide presentations by an expert <view> and examples of quick  seal compromise by that same expert and an amateur <read>

CT IRONY #4: Machine Errors Result In Recounting By Machine

What happens when an post-election audit discovers a large discrepancy in a race that could reverse the election result? A recanvass, defined as a modified optical scanner recount. 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.

In reviewing Connecticut’s post-election audit law, we discovered another irony, perhaps one of those unintended consequences.  What happens when an audit discovers a large discrepancy in a race that could reverse the election result if that same error were present in other optical scanners?

(f) Notwithstanding the provisions of section 9-311, the Secretary of the State shall order a discrepancy recanvass of the returns of an election or primary for any office if a discrepancy, as defined in subsection (o) of this section, exists where the margin of victory in the race for such office is less than the amount of the discrepancy multiplied by the total number of voting districts where such race appeared on the ballot, provided in a year in which the Secretary of the State is a candidate for an office on the ballot and that office is subject to an audit as provided by this section, the State Elections Enforcement Commission shall order a discrepancy recanvass if a discrepancy, as defined by subsection (o) of this section, has occurred that could affect the outcome of the election or primary for such office.

For those not familiar with Connecticut law, a recanvass is our substitute for an automatic recount when election contests are close.  It make sense to recount an entire race if an audit discovers errors in some districts and if those errors were common across the districts might change the election results.  How does our recanvass work?

It is a modified machine recount:

(e) The new memory card shall be installed in the tabulator, the tabulator shall be installed on an empty ballot box, the pre-election testing procedures should be followed to prepare the new tabulator for use and a record shall be made. The test ballots shall be removed and packaged.

(f) After the tabulator is properly tested and those present agree that the tabulator is properly set, the tabulator shall be set in election mode. When the machine prints the election zero report, check that it identifies the town or voting district and the office and candidates being recanvassed. The report shall be signed by the moderator and registrars and left attached to the tape in the machine…

(l) The recanvass officials of opposing political parties shall remove all other ballots in the ballot transfer case (except any ballots marked “spoiled ballots” from a polling place in which the marksense machine was used for polling place voting). They shall examine all these ballots which were machine counted on election day to determine whether the markings for the office being recanvassed are sufficiently clear to be read by the machine. (See examples of properly and improperly marked ballots in this handbook as a guide) Also, if a stickered race is being recanvassed, make sure that early absentee ballots issued without the corrected name are not machine counted. If any such error or defect is found, the ballot should be set aside for hand counting of the races involved in the recanvass. If two recanvass officials of opposing political parties agree that such ballots are sufficiently clear to be read by the machine, such ballots shall be processed through the machine

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.

It was not always this way.  The recanvass procedures written in the fall of 2007 just after Connecticut purchased optical scanners statewide called for complete manual count for racanvasses.  <Oct 2007 Recanvass Manual>

§ (e) The new memory card shall be installed in the tabulator, the tabulator shall be installed on an empty ballot box, the pre-election testing procedures should be followed to prepare the new tabulator for use and a record shall be made. The test ballots shall be removed and packaged.

§ (f) After the tabulator is properly tested and those present agree that the tabulator is properly set, the tabulator shall be set in election mode. When the machine prints the election zero report, check that it identifies the town or voting district and the office and candidates being recanvassed. The report shall be signed by the moderator and registrars and left attached to the tape in the machine.

IRV: Not So Fast, Not So Simple

Tutorial information about Instant Runoff Voting (IRV) and associated concerns.

We have several concerns with Instant Runoff Voting (IRV).  At first it seems simple and appealing, however, a closer look reveals concerns and unappreciated consequences, including:

  • IRV can be confusing and difficult for voters to understand.  It can result in a much bigger ballot, requesting voters to rank multiple candidates and not make a mistake.  A single race may take an entire ballot that today can handle an entire municipal election or a combined state and Federal election.
  • IRV does not solve the problems it is intended to fix.  It claims to prevent the “wrong” candidates from being elected by providing a runoff until one candidate has over 50% of the votes.  In reality, sometimes it does and sometimes it does not.  IRV can cause different candidates to be elected than real runoff voting and different candidates to be elected than when the leading candidate  from the first round is selected.  Often IRV awards a race to a less popular candidate than these other methods.
  • IRV is complex and time consuming to count, especially in races covering multiple polling places.  This is because  elimination requires exact information on each ballot ranking be centrally counted or each round centrally counted.  Each round is critical to the final result, thus each round may require all absentee ballots and provisional ballots be counted and perhaps require a manual recount to determine the eliminated candidate.

This last point is covered in an editorial from Minnesota – counting a municipal race my take eight weeks and involve spreadsheet calculations <read>

Minneapolis won’t have the assistance of scanning machines to tabulate votes if no candidate receives over half of the first choices, delaying results for up to eight weeks. Since Minnesota does not certify machines that can count ranked choice ballots, and because cities are prohibited from using non-certified machines, city elections workers must hand-count each ballot. Fortunately, the city attorney has assured elections officials that they can use Microsoft Excel to help tally. Otherwise, votes would still be being sorted well into 2010.

Update: It did not take 8 weeks to count.  Perhaps because of IRV voters stayed away: <read>

What if they gave an election and nobody came? Well, almost nobody came to the City Election last Tuesday. R. T. Rybak got 73 percent of the vote for Mayor, but that was only 33,217 votes. That’s the smallest amount a winning candidate has gotten running for Mayor since 1910. Rybak’s total was less than 15 percent of the number of registered voters. In the last three municipal elections the LOSING candidates for Mayor polled almost as high as Rybak’s winning total

Update:  But it is eight days and some races are still being counted <read>

Several races may be announced Wednesday, the paper says, but the closest council races, in the Fourth and Fifth Wards, won’t come until a later batch of counting.

Update:  17 days past the election and still counting<read>

But the biggest surprise for O’Connor and the elections staff has been how quickly the hand count process has gone. Originally, O’Connor expected that they wouldn’t be ready to announce unofficial winners until December. But they’ve been able to do so several weeks earlier than planned.

Here are some video’s that graphically explain IRV:

  • A clear explination of IRV, what could go wrong, what the MN Supreme Court said and what happened in Aspen Colorado <video>
  • A more detailed version of how a candidate can loose by gaining support <video>
  • We often think of IRV for a single candidate, but it can be used when we vote for several people for town council. Yet its not simple.  Here is one way of counting the votes <video>
  • Third parties tend to like the idea of IRV.  Watch this video to be disapointed <video>

Update: 3/3/2010 Burlington voters repeal IRV <read>

A raucus celebration at Norm’s Grill in the new North End Tuesday night marked a victories end to the YES on 5 campaign in Burlington. A mix of Democrats and Republicans celebrated the defeat of Instant Runoff Voting.

After a debate that brought out big names like Bernie Sanders and Howard Dean urging a NO on 5 vote, Burlington residents voted to repeal IRV by a vote of 3972 to 3669, a margin of only 303 votes.

“It was a grass roots effort and we’re really proud of the people that worked on this, we’re ecstatic,” said IRV opponent Chuck Seleen while celebrating the victory.

Wards 4 and 7 were the only two to vote YES on 5. Both had much higher voter turnout than the other wards. Mayor Bob Kiss says that is a sign most of the city still supports IRV and he suggests the city continues the discussion and possibly have yet another vote on IRV.

“This is a modest voter turnout. I think a bigger voter turnout might have a different result and particularly in the case because if you have two wards that are voting very heavily and I think other wards are more modest so if we heat up that debate we might get a better view of Burlingtonians’ real view on IRV,” Kiss said at City Hall moments after the results were tallied.

Several city councilors and election observers have suggested the IRV vote is a referendum on Kiss and his administration, as it tries to deal with the mess of Burlington Telecom. Kurt Wright, who was elected back to the city council, Tuesday, by defeating incumbent democrat Russ Ellis, says it is time Kiss gets the message.

Two comments:

Saying “Wards 4 and 7 were the only two to vote YES on 5. Both had much higher voter turnout than the other wards.” is pure spin. With equal lack of usefulness one could say that say that if more voters had come out in other districts it might well have gone down further.

Apparently Howard Dean changed his mind from his statement on this video.

Update: Report: Ranked Choice Voting Causes Confusion, Fatigue In SF’s District 10 <read>

The new system produced some surprising outcomes, and in the wake of the results there has been a flurry of criticism and praise of how RCV plays out for voters.

IRV: A Grain Of Truth, A Ton Of Bulloney

Could IRV (Instant Runoff Voting) avoid recounts? A slew of stories from Minnesota claim that recounts are a headache and that IRV is the cure.

Recounting Is Not A Problem – Its A Symptom Of Election Integrity in Minnesota

Could IRV (Instant Runoff Voting) avoid recounts?  A slew of stories from Minnesota claim that recounts are a headache and that IRV is the cure.  Two examples:

The Star Tribune <read>

Instead, the $40 million-plus campaign continues to permeate our headlines and limit our forward momentum. The Coleman-Franken race is now in a contentious recount and is almost certainly headed to the courts from there. The recount and its aftermath will be a protracted and high-priced affair, and no matter the outcome, most voters will be left wondering if there is not a better way to express our preferences.

Instant-runoff voting (IRV) would have produced an entirely different election.

The South St. Paul Examiner <read>

In a contest so close as the one that has unfolded in Minnesota, a hand recount is likely the only alternative to determine who is number one and who is number two to figure out how number three’s (Dean Barkley) votes are alloted. The election between Landslide Al Franken and Landslide Norm Coleman is an anomoly. It may go down as the closest race in the history of the United States, but IRV would save us the indignity of staring at Big Goof and Little Goof’s ballots and the money a hand recount costs in almost all other instances.

IRV Defined

From the Examiner:

First choices are counted (one, two, or three). If no candidate receives a majority, the candidate with the fewest votes is defeated, and those votes are transferred to the next ranked (one or two) candidate on each ballot. The votes are recounted.The process continues until one candidate has a majority of the votes and is declared the winner.

Many believe that if IRV was used in Florida in 2000 then Ralph Nader would have received many more votes and that Al Gore would have easily won the state and the Presidency.   If employed nationwide many believe that George Bush I would have been elected President in 1992.

A Grain of Truth

The articles are likely correct, that if Minnesota had used Instant Runoff Voting for the Senate race and if there were only three candidates, then the winner would likely have been determined much sooner, on election night, and a recount would have been unnecessary.

Several Doses Of Reality – The “Cure” Makes Makes The “Problem” Worse

There are several issues that are glossed over in these one-sided simplistic articles:

  • Recounts are necessary when counts are close. Minnesota has dramatically demonstrated that the careful counting of votes by hand is crucial to actually approaching the ideal of counting every vote and following the voters’ intentions in the declared result.
  • IRV does not eliminate recounts. Ultimately, an IRV race comes down to two candidates, if the final margin is 0.5% or less, the voters deserve a careful recount.
  • IRV actually makes recounts more likely.   In an IRV election at each stage, there is the possibility of a close margin demanding a hand recount.   Worse there are multiple reasons a hand recount may be necessary at each stage:   The difference between two candidates to be potentially eliminated may be close, the order of elimination can effect the final result.  The difference between the required winning margin of 50% and the highest candidate count may be less than 0.5%, the victor may change if another round of elimination is required.
  • IRV will change the nature of the election. One of the differences with IRV would be more candidates competing and more votes for third parties.   Like many people, I see this as a potential advantage of IRV.    However, glossed over is that this means that voting and counting of elections gets more complex.  Today we have, including write-ins, three to five candidates for President in each election.   With IRV, expect six to twelve or more!  In Connecticut we can expect similar numbers for Senate races.  These numbers also add to the rounds and add to the frequency of recounting.
  • IRV will make recounting more complex and expensive. The order of voter preference will be critical – recounting an IRV race is straight-forward, but much more time consuming than recounting under the current voting system.

Recounting Is Not A Problem – Its A Symptom Of Election Integrity

CTVotersCount  does not share the concern with the time and cost of recounting.  In the overall scheme of things the expense of recounting is small compared to what is spent in running elections, what is spent on campaigns, and the billions at stake in the decisions and actions of a Senator.  Who cares if the winner is declared on Nov 4th or Jan 31st?   If its important that Minnesota have two Senators on Jan 6th.   Then its even more important that Minnesota have the voters choice as Senator for the six years after Jan 31st.

From the Examiner:

Minnesota and its reputation for good government have taken some hits from the Senate brouhaha. It’s too late to duck that punch or the ones we can expect in the weeks — and maybe months — yet to come. It’s not too late, though, to make sure we don’t get into this situation again.

It’s time for Minnesota to consider adopting IRV and preserve its tradition as a leader in electoral integrity and good governance.

The author has it all backwards.   Minnesota’s leadership in electoral integrity is why   manual recounts are required.  Looking objectively at the care taken with every aspect of the recount only enhances Minnesota’s reputation for good governance.

As A Cure, IRV May Be Worse Than The Problem

IRV sounds great.  We want a vibrant democracy.   Wouldn’t it be great if we could vote for our favorite candidate and still have our preference expressed in the result.   We could vote for Pat Buchannan, Ross Perot, Ralph Nadar, or Dennis Kucinich, yet still see Al Gore or Bob Dole elected President.  Who knows, perhaps in a few years we would have a third viable party.

I live in a condominim, IRV might be a very good way for us to elect directors.

How could anyone possibly object?    Consider that the cure may be worse than the disease:

  • IRV means a more complicated, huge ballot. Consider a ballot with an average of four candidates for each of five offices (similar to November in CT, with a few candidates added because of IRV).  Instead of five bubbles to fill in, a contentious voter would need to fill in fifteen bubbles (A ranking of three choices out of four for each of five races).   In a municipal election, voting for six out of say 18 candidates for town council, instead of 6 bubbles, we would fill in 17 bubbles – instead of 18 bubbles  on the ballot there would be 324 (18 x 18), for just this one race.   The ballot would be large, voting would take more time,  more knowledge, and more voter education.
  • IRV means more complicated and slower election accounting. For my condo or the local mayor’s race it may be worth it, its not that complicated.   How would we handle a state wide race for Senate with ten candidates?   We would have to know the order of votes on each ballot or have a count from each precinct of each possible combination (4,838,400 not including various combinations of over votes and under votes) – every vote would have to be maintained and accumulated electronically, votes that are counted by hand today would have to be input electronically as well.  Once again, this only considers the complexity added for just one race, the whole process is even more involved.
  • Recounting would be complex and time consuming. It would be straight-forward.   One way would be to count each round separately – each round costing about the same as the Minnesota recount.  Perhaps there is a way to speed it up?  Even to count all the 1st and 2nd choices of each voter in our ten candidate race would mean 10o possible combinations (10 x 9 + 10 more for votes for only one candidate)
  • Post-Election Audits would be more complex and time consuming. Once again, it would be straight-forward.
  • There would be pushes for more electronic voting, less recounting, less auditing. Pre-election testing would be less adequate, more complex, and more expensive.  The whole process of election integrity would be more difficult for election officials to comprehend and execute well.

So there we have it.   Instant Runoff Voting – a ready cure for many real election concerns – yet, risky, complex, and time consuming, quite likely causing more and greater problems than those it is intended to cure.

PS: Here in Connecticut there is no requirement for a hand recount.  From what we saw in the Courtney/Simmons 2006 recanvass, we question if hand counting votes here would result in the same level of scrutiny of each ballot and each rejected absentee ballot we have seen in Minnesota.  Would we come anywhere close to the detail and objectivity apparent in Minnesota?

**************
Update 3/23/2009:   Party Looks At Sample Ballot, Reverses Course On IRV <read>

“Anyone who could look at that and not think that the average voter is going to find that totally frustrating is totally out of touch with the average voter in the City of St. Paul,” Repke said.

On another flier distributed by IRV opponents: mucked-up ballots from the contest between Al Franken and Norm Coleman. During the Senate recount, goofy ballots such as one endorsing “€œflying spaghetti monster” got most of the attention. But much more common were routinely botched ballots in which a voter’s intent simply couldn’t be discerned because of unusual markings.

Thune believes IRV would only compound such problems and disenfranchise voters. “While this may seem like a wonderful thing in Cambridge for a bunch of Harvard professors, we’ve got a general population that has trouble filling out one oval in a Coleman-Franken race,” he says.

FAQ: When Do We Worry About Money?

We have recently noticed a natural human tendency: When we are in favor of something, we ignore the costs, no matter how great. When we are against something, we highlight the costs, no matter how small. This is clearly illustrated by two Hartford Courant editorials, one day apart. Monday Dec 22nd: Rell Sharpens The Knife … Continue reading “FAQ: When Do We Worry About Money?”

We have recently noticed a natural human tendency: When we are in favor of something, we ignore the costs, no matter how great. When we are against something, we highlight the costs, no matter how small.

This is clearly illustrated by two Hartford Courant editorials, one day apart.

Monday Dec 22nd: Rell Sharpens The Knife <read>

Last week, Gov. M. Jodi Rell proposed her second “deficit mitigation plan” designed to erase the remaining $356 million gap between revenue and expenses in this fiscal year’s state budget. Again, as the first time, she gets rid of the shortfall without layoffs, new taxes or raiding the rainy day fund, a cash reserve account with $1.4 billion in it…

But at $10,000-plus a day, a special session is an expense the state can do without.

Here we are talking millions and billions in decisions. The Courant on this same day ran a front page story of the financial difficulties facing towns such as Simsbury. But the Courant’s problem is $10,000 a day to have our Legislature work on this problem. If we ran government like a business then we would gladly spend $10,000 a day to deal with million and billion dollar issues…that seems to be exactly what the Governor is proposing. Then again we could run Government like a newspaper…

(Note: We really don’t know if having a special session is a good idea or not. However, $10,000 a day for a few days work on the part of the Legislature is negligible if such a session would help deal better with the economic situation)

Sunday Dec 21st: Let Voters Decide <read>

In Connecticut as in many other states, the governor has the sole power to fill a U.S. Senate vacancy until the next scheduled election. Two Democratic officials — Secretary of the State Susan Bysiewicz and state Rep. James Spallone — want to change the law to require vacancies to be filled by special election.

They’re right. It makes more sense to let voters decide who replaces a senator unable to finish his or her term than that constituency of one, the governor…

Changing the law to provide for a special election in the event of a midterm Senate vacancy makes the most sense.

Nary a word in the article about costs, just benefits. What is the difference between a Special Session that costs $10,000 a day for a couple of days vs. a Special Election that costs several million? We can think of several:

  • $10,000 a day is reasonable for dealing with multi-million dollar issues.
    Millions for a Special Election is reasonable for dealing with multi-billion dollar issues.
  • The costs and benefits of the Special Session will be born by all State Taxpayers.
  • The cost of the Special Election will primarily fall on Towns.
  • The direct financial beneficiaries of the Special Election would be the media. Considering campaign expenditures, we can expect those benefits could run in the neighborhood of $10,000,000 to $20,000,000.

(Note: We favor Special Elections for Senate vacancies. However, in considering all proposals we should consider all the costs and benefits. Considering the billion dollar decisions Senators its worth it to let the people decide).

Once again, its a natural human tendency:

  • When we are in favor of something, we ignore the costs, no matter how great.
  • When we are against something, we highlight the costs, no matter how small.

Update:  According to the Republican-American the estimate for a Special Election: <read>

Additionally, GOP lawmakers argued that a special election would be costly to towns and cities. The legislature’s budget office estimated a statewide election to fill a vacancy would cost $6 million.

Update: Towns bemoan cost of special Senate election <read>

Now that Massachusetts is about the exercise the law, Town Clerks are concerned.  We wonder if those same untimely concerns will surface in Connecticut the 1st time we need to exercise our new law?

The election to determine Sen. Edward Kennedy’s successor will cost cities and towns more than $5 million, and town clerks aren’t thrilled.

The upcoming special primary and election will cost individual communities thousands, an expense they hadn’t planned for.

Framingham, for instance, will spend more than $55,000 on the election and primary, with the state expected to reimburse the town about $13,000, or $6,500 for each event.

The Massachusetts Town Clerks Association has sent a letter to the secretary of state to expedite printing of absentee ballots, and there’s been discussion about having the state pay for the whole election.

Once again, we are in favor of the law and believe a Senate seat is worth a vote of the people and worth the small additional insurance of a post-election audit.

Update from MA:  Auditor: Costs for special Senate election are an unfunded mandate <read>

“The state law requiring this special election imposes a significant cost on cities and towns at a time when they can least afford it,” DeNucci said in a statement. “I request that my legal determination lead to full state funding of these costs.”

A 1980 state law requires that state laws imposing new costs on local governments must either be fully funded by the state, or subject to voluntary local acceptance. Local officials, struggling with local aid cuts and an erosion of revenues tied to the recession, are wondering how they will pay costs tied to the Dec. 8 primary and the Jan. 19 special election to fill the seat held by the late Sen. Edward Kennedy.

DeNucci says the $7.2 million estimate covers the cost of wages for election day workers and law enforcement personnel, with costs rising higher when other expenses are factored in, such as the costs of certifying nomination papers, setting up and breaking down polling places, printing voting lists, programming voting equipment and rental and interpreter expenses.

The Perils Of No Excuse Absentee Voting

Vote Absentee: Your Vote May Not Count Today we learn of the problems in Minnesota with absentee voting in a Minneapolis Star Tribune Editorial <read> A nasty bug emerges in the state election system Absentee ballots emerged as the biggest flaw in Minnesota’s election system and may hold the key to finally resolving the Senate … Continue reading “The Perils Of No Excuse Absentee Voting”

Vote Absentee: Your Vote May Not Count

Today we learn of the problems in Minnesota with absentee voting in a Minneapolis Star Tribune Editorial <read>

A nasty bug emerges in the state election system

Absentee ballots emerged as the biggest flaw in Minnesota’s election system and may hold the key to finally resolving the Senate contest…

But here and nationwide, the rejection of absentee ballots — either because voters improperly filled out documents or because election officials erroneously spiked them — is a problem that’s long been hiding in plain sight.

“For years, people know some part of the [elections] system isn’t working, but it flies under the radar screen because it doesn’t cause problems until you have a situation like Florida in 2000 or Minnesota now,” said Edward Foley, an election law expert at Ohio State University’s law school. “Suddenly, it becomes a huge problem. Rejected absentee ballots are the new hanging chad.”

“Boy, is that true,” said Minnesota Deputy Secretary of State Jim Gelbmann, who has estimated that more than 13 percent of rejected absentee ballots in the Senate race — possibly as many as 1,580 — were improperly set aside.


Yet, the problem with absentee ballots is much worse than the rejected 13%:

What about the 87% of absentee ballots rejected for legitimate reasons? Most of them represent the votes of legally registered voters that made a simple mistake. Unknown to most of them, their votes did not count and never will. There are other problems with all mail-in ballots, including absentee ballots, see: No Vote By Mail Project

We will hear continuing calls in Connecticut for the Legislature to enact early voting in one of several forms: Early voting in polling places, mail-in voting, and no excuse absentee voting. For a variety of different reasons we conditionally oppose each of these. “No excuse absentee voting” is another name for mail-in voting.

Also, ECM Editorial on issues with absentee voting in Minnesota <read>

The Case Against “The National Popular Vote”

The National Popular Vote Agreement will likely be proposed again, in 2009, in the Connecticut Legislature. Recently the Secretary of the State expressed her support for a constitutional amendment for the popular election of the President.  Update 05/13:  <squeaks by the CT House> We understand the appeal of the popular election of the President. However, … Continue reading “The Case Against “The National Popular Vote””

The National Popular Vote Agreement will likely be proposed again, in 2009, in the Connecticut Legislature. Recently the Secretary of the State expressed her support for a constitutional amendment for the popular election of the President.  Update 05/13:  <squeaks by the CT House>

We understand the appeal of the popular election of the President. However, CTVotersCount is conditionally opposed to the popular election of the President, in any form, unless and until there are uniform election laws, enforceable, and enforced nationwide.

We have two basic reasons for opposing the popular vote, at this time, in any form:

  • The franchise is not uniform from state to state: One man one vote and one woman one vote is a fiction. Different states enfranchise different groups of citizens directly by different requirements to register to vote and indirectly by making voting more or less convenient for different groups. Clearly, uniform enfranchisement is a prerequisite to a fair popular vote.
  • We cannot trust reported results. Reported popular vote totals are a fiction: There have been many instances of vote counting errors and fraud in several states. Even in Connecticut, in the November 2008 election, without exhaustive research, several errors have been uncovered in the vote totals reported, and presumably certified, on the Secretary of the State’s web site. None of these errors were significant even though the numbers may have amounted to several thousand votes for individual candidates. However, in a close Presidential election every aspect of every state’s counting process could change the result. A prerequisite for a real national popular vote is uniform, sufficient, effective, enforceable, and enforced national voting integrity standards.

The above concerns apply to the popular vote in any form. There is a third reason for opposing the National Popular Vote Agreement:

  • The Agreement is likely to result in Presidential Elections being decided by the Supreme Court: Some constitutional lawyers believe that the Agreement is unconstitutional – even if it is constitutional, it will end up in court. The Agreement requires our Secretary of the State to certify our electoral votes based on the questionable results of other states – we could sue our Secretary in state and federal court – we could sue the Secretaries of other states in state and federal court – citizens of other states could sue Connecticut. The only remaining option would be for the Supreme Court to decide.

Here is an updated version on an op-ed we wrote two years ago, when the Agreement was proposed in Connecticut.

The Case Against “The Agreement Among The States
to Elect The President by National Popular Vote”

The Titanic sank not just because it hit an iceberg. It sank because too many of its compartments were flooded. If the integrity of a hull is breeched, if the damage can be sufficiently contained to a few compartments, a ship will not sink. The Electoral College performs the same function as ship compartments for our democracy. If the integrity of an election is breeched, then if the damage can be sufficiently contained to a few states, the democratic process will prevail.

This year “The Agreement Among The States to Elect The President by National Popular Vote” has been proposed in the vast majority of states. Replacing the Electoral College sounds appealing. It was intended to protect the smaller states from domination by the larger states, while protecting wealthy landowners from uninformed, uneducated people. Today, the Electoral College protects us from our faulty and fragmented voting system.

Implementing a national popular vote would put at risk the integrity of the entire election process. If the votes of all the states were accumulated, errors, voter suppression, disenfranchisement, or fraud in any and every state count toward the popular vote. This would increase the potential impact of errors and the incentives for suppression, disenfranchisement, and fraud. Defying logic proponents of the Agreement simply claim the opposite effect. Its chief proponent, Senator Birch Bayh, claims benefits of fraud would be limited because “Under a direct popular vote system, one fraudulent vote wins one vote in the return. In the electoral college system, one fraudulent vote could mean 45 electoral votes”. In reality under the popular vote, one vote could take all 538 electoral votes.

Many researchers including the Carter/Baker Commission, Common Cause, The Secretary of State of California, and the Brennan Center for Justice have documented serious problems with our election systems. Reform bills have been introduced in Congress. These reforms include uniform national standards for poll worker training, enforcement, voter registration, paper ballots, provisional ballots, and ending conflicts of interest in election administration. Voter suppression and fraud have been documented in press reports, books, and the Conyers Report by Representative John Conyers, Jr. and The House Judiciary Committee Democratic Staff.

The ideal of a precise popular vote count is far from the reality of the current system of rushed tallying of the vote to produce a winner on election night, followed by pressures to justify the initial count to avoid a time consuming, frequently embarrassing series of recounts. The 2000 Supreme Court decision, Gore v. Bush, stated “The recount process, in its features here described, is inconsistent with the minimum procedures necessary to protect the fundamental right of each voter in the special instance of a statewide recount under the authority of a single state judicial officer”. In 2006, in Sarasota, Florida 18,000 votes were lost forever and never counted in heavily Democratic districts, resulting in the contested election of a Republican congresswoman by less than 400 votes. Recently, in Ohio two election officials were convicted of rigging a partial recount. In Connecticut in 2006, in the 2nd CD re-canvass, the margin changed from 167 to 91. In 2008 in Connecticut there were several reporting errors discovered in the originally reported results posted on the Secretary of the State’s web site. Review of thousands of actual votes in Ohio has demonstrated that votes were deliberately changed in several counties in 2004 using a variety of methods. In Alabama, votes were deliberately changed to defeat the sitting Governor, Don Siegleman.

Direct election of the President would magnify errors and distort voter eligibility differences among the states, while offering an open invitation to voter suppression and fraud that will lead directly to voter disenfranchisement and cynicism. We can also expect an unending series of court challenges of vote counts and the Agreement, in almost every state, in every presidential election, leading to a tradition of the Supreme Court deciding the President.

Electing the President by popular vote sounds truly democratic and fair. Yet, until we have uniform standards for voting, effective independent enforcement, and can suppress our obsession for immediate results, the national popular vote is a certain a disaster for our democracy, like an oil tanker without compartments heading toward an iceberg.

We do not take this stand lightly. The National Popular Vote Agreement has been endorsed by several legislators in Connecticut, The Hartford Courant, and some national good government groups. <National Popular Vote web>

*****
Update: Secretary of the State, Bysiewicz: For the Popular Vote. Against the Compact. Says it will increase inner city vote. <read> We don’t agree with all her logic: In Connecticut few inner city voters go to the polls even when there are hotly contested Mayoral or Senate primaries and elections.

Update: Minnesota Secretary of State, Mark Ritchie also opposes the National Popular Vote <read>

*****
Update:
Cross posted on MyLeftNutmeg. Comments there are worth reading: http://www.myleftnutmeg.com/showDiary.do?diaryId=10856 (on MyLeftNutmeg, I am BlastFromGlast)

Update: Article questioning the purported failure of the Electral College in the 1800’s <read>

Update: Washington Post, Dec 18, 2000: Public Backs Uniform U.S. Voting Rules; Poll Finds Wide Support For Guidelines on Ballots, Closing Times, Recounts.

Most voters agree it’s a mess, and 61 percent said they want the federal government to clean it up. Barely a third said they wanted to allow local and state governments to continue to set election law

Nearly nine in 10 want a federal rule that requires all jurisdictions in the country to use one kind of voting machine…

About six in 10 Americans say they want to amend the U.S. Constitution to select the president by direct popular vote and do away with the electoral college...\

Q: Do you think voting rules in presidential elections should continue to be set individually by states and counties, or should the federal government establish voting rules for all states and counties?

The federal government should establish voting rules 61%

Of course we would be the last to say that HAVA was a good example of meeting the voters’ requests for uniformity.  But we can conclude that the public does want uniform Federal rules for Presidential elections as much as it would like the popular vote – pretty close to what we would like to see, sufficient, uniform, enforceable, and enforced eleciton laws nationwide as a prerequisite to considering a Constitutional Amendment.

Video: Hacking Voting Machine in 6min 51sec

Princeton Professor Andrew Appel hacks voting machine in 6 min and 51 sec for CNN host: <video>

Anyone familiar with Connecticut’s Diebold AccuVote-OS would be able to beat that 6 min and 51 sec, especially if they had a copy of one of the keys for the machine (hint they are all the same key, statewide, and worldwide) and spent a little time studying the art of defeating tamper evident seals.

Professor Appel correctly points out that having an optical scan system is much better because the paper can be recounted to verify the results. Regular readers of CTVotersCount know that Connecticut recounts by machine, which negates much of that benefit.