Testimony on two more election bills: RLAs and Internet Voting

H.B.6325 was a second bill similar to an earlier on that proposed a task force for Risk limiting Audits (RLAs). My detailed testimony only changed a little bit. For the previous bill, I only testified on paper. For this bill I spoke, especially giving my answer to a legislators question of another on another bill. I’m glad I had a few days contemplate an answer: “How would you explain RLAs to forth graders?”

That is a good question: Risk Limiting Audits are intended to confirm that elections are correctly counted and totaled or to correct incorrect results…

  H.B.6325 was a second bill similar to an earlier on that proposed a task force for Risk limiting Audits (RLAs). My detailed testimony only changed a little bit. For the previous bill, I only testified on paper. For this bill I spoke, especially giving my answer to a legislators question of another on another bill. I’m glad I had a few days contemplate an answer: “How would you explain RLAs to forth graders?”

That is a good question: Risk Limiting Audits are intended to confirm that elections are correctly counted and totaled or to correct incorrect results. Over a 10-year period, Connecticut has about 20,000 election contests. For instance, if 20 of those contests were incorrectly decided due to error or fraud, rigorous Risk Limiting Audits which examine all 20,000 contests would correct at least 19 of the 20.

After several hiatus an Internet voting bill is being proposed, one of 28 sections. It also included a flawed proposal for curing absentee ballots rejected for signature issues etc. S.B.5 was patterned after systems that have failed independent security studies, spectacularly.

Testimony on two Elections Bills

 

Earlier this week we testified on two elections bills.

First a bill for a Task Force to provide a prototype and recommend state laws for Risk Limiting post-election Audits (RLAs). See our testimony and that of the inventor of RLAs, Philip Stark, and John Marion of RI. Phil and I disagree just a bit on our recommendations. I find November is just not the best time to do a prototype and then providing less that two months to make recommendations to the General Assembly is not enough time. Here is all thee testimony <read>

Then on a long bill with several election changes recommended by the Secretary of the State. We had comments on two sections: We asked that two officials empty drop boxes and sign logs listing their content. Also a reform we have been requesting for a long time – including central count absentee ballots and Election Day Registration ballots in post-election audits <testimony>

 

Earlier this week we testified on two elections bills.

First a bill for a Task Force to provide a prototype and recommend state laws for Risk Limiting post-election Audits (RLAs).  See our testimony and that of the inventor of RLAs, Philip Stark, and John Marion of RI. Phil and I disagree just a bit on our recommendations. I find November is just not the best time to do a prototype and then providing less that two months to make recommendations to the General Assembly is not enough time. Here is all thee testimony <read>

Then on a long bill with several election changes recommended by the Secretary of the State. We had comments on two sections: We asked that two officials empty drop boxes and sign logs listing their content. Also a reform we have been requesting for a long time – including central count absentee ballots and Election Day Registration ballots in post-election audits <testimony>

State Audit Working Group comments on H.R.1

This week the State Audit Working Group published a letter sent to Rep Sarbanes regarding the collective concerns with the bill.

Here are the details from the cover letter to Rep Sarbanes:

We write to request critical changes to H.R.1, along with suggested improvements. Without a few key changes, we believe the bill might degrade election integrity and miss opportunities for improvement, rather than meet its well-intended, laudable goals. Our comments are restricted to election administration and integrity issues pp78-407 of the bill.

Attached to this letter is a list of detailed comments. Here we summarize the most critical items:

  • Requirements for grants should be stronger, to help ensure effective Risk Limiting Audits (RLAs)

This week the State Audit Working Group published a letter sent to Rep Sarbanes regarding the collective concerns with the bill <read>

Here are the details from the cover letter to Rep Sarbanes:

We write to request critical changes to H.R.1, along with suggested improvements. Without a few key changes, we believe the bill might degrade election integrity and miss opportunities for improvement, rather than meet its well-intended, laudable goals. Our comments are restricted to election administration and integrity issues pp78-407 of the bill.

Attached to this letter is a list of detailed comments. Here we summarize the most critical items:

  • >Requirements for grants should be stronger, to help ensure effective Risk Limiting Audits (RLAs). We suggest specific improvements to the HR1 grant requirements. Grants should be available to audit compliance and eligibility which are crucial for valid RLAs.
  • Poll books should be part of the Federal certification program, as proposed. So should other systems used to determine the eligibility of voters or ballot packets. They however, should be tested and certified separately from the voting system. Competition will be stifled if pollbooks are only tested as part of an entire voting system. Election officials will end up with fewer and less innovative purchase choices.
  • Ballots cast by an in-person voter by hand marked paper ballots may be rejected later under the current text. When a voter appears in person they must be offered an opportunity to be authenticated and, upon authentication, vote on a hand marked paper ballot  without further eligibility checks.
  • Voter Privacy / Ballot Secrecy. Ballots should never be associated with voters, thus compromising ballot secrecy There should be no unique identification numbers on some ballots for voters with disabilities. Voters should not be able to waive their ballot secrecy, a collective right.
  • Voting over the internet is not secure and does not protect the secrecy of the ballot. For security and integrity, votes should not be transmitted over the internet or by other electronic means such as email or fax.

Last week we posted a three-part series on our concerns with H.R.1. There concerns were largely based on the effects for states like Connecticut.

PS: I am the Moderator of the State Audit Working Group. Members spent hours over a couple of weeks under tight deadlines to publish our concerns.

What’s the matter with H.R.1, Part 2

Yesterday in <Part 1> we covered our three greatest concerns with the election administration in H.R.1: U.S. House Resolution 1, “For the People Act of 2021”. Here we will cover the rest of our major concerns, these alone argue that the bill should not be passed without a number of major and minor changes…

In <Part 3> we address what is clearly good in the election administration portions of the bill and what might be changed to meet the well-intended goals without the, likely unintended, unnecessary detailed requirements and consequences.

Yesterday in <Part 1> we covered our three greatest concerns with the election administration portions of H.R.1: U.S. House Resolution 1, “For the People Act of 2021” <read H.R.1> Here we will cover the rest of our major concerns, these alone argue that the bill should not be passed without a number of major and minor changes:

  • In states, like Connecticut, with an elected Chief Election Official (in CT Secretary of the State), when they are on the ballot, they are required to step aside and appoint someone else to perform their role for the election – appoint someone who does not report to them. For instance, if Denise Merrill were to run for reelection in 2022, under H.R.1, she would need to do that. Its a complex job to learn and in Connecticut there are few sufficiently knowledgeable or experienced  individuals who could quickly step in – even less individuals willing to stop what they are doing and take over a more than full time job. Worse that would apply to all future Secretaries of the State. Perhaps many future Secretaries would choose for the benefit of election management, limit themselves to a single term. The voters of the State might well suffer from missing the benefits of an experienced Secretary of the State.
  • H.B.1 requires that drop box ballots be counted like early voting ballots. Instead, they are normally counted like absentee ballots, yet this law seems to preclude that. Early voting ballots are normally provided to voters in person, voters who fill them out in the early voting place, have an opportunity to replace them to re-vote, and then the voter feeds them into a scanner. Perhaps this is just an oversight, yet it needs to be corrected or clarified.
  • H.B.1 also requires that drop boxes be accessible to all those with disabilities. It would be straight-forward to make them accessible to those who use wheelchairs, yet presumably there other disabilities where that would be all but impossible and prohibitively expensive, e.g. to provide independent access to a severely limited paraplegic.
  • In a similar vein, H.B.1 requires that all those with disabilities be a able to vote independently and privately. While that is a laudable goal it is all but impossible to serve everyone, with every actual disability, or combination of disabilities. While this is required the bill recognizes the limitations of actually available products when it, laudably, offers grants for researching such solutions.
  • H.B.1 requires Election Day Registration at every early voting site. That is certainly a convenience for voters, yet we point out it is another significant additional amount of work both for early voting place officials and for registrars in Connecticut.
  • The bill requires that voting arrangements should be such that for election day and for early voting that voters must not ever have to wait more than 30 minutes in line. Anyone familiar with queuing theory would know that to achieve that is all but impossible. Election officials have no way of predicting when and how many voters will arrive at a polling place or early voting center, especially when polling places open on election day and the 1st day of early voting. I have served at polling places in Connecticut where the only line over five minutes was at 6:00am. The 1st time I served in Nov 2008 the media hyped up that voting would be difficult with long lines, we had a 6:00am backup that was about 20 min – it could have been much longer, most of the rest of the day. we were mostly idle. In Nov 2020 and the Jan 2021 run-off in Georgia there were many stories of long lines in Georgia and other states on the 1st day of early voting, the stories seemed to go away after that initial crush. I agree that voters should not have to wait in lines for long times and generally less than 30 minutes, yet that is absolutely impossible to guarantee. Worse, there are unpredictable problems that take time to cure that could interrupt or slowdown voting e.g. ePollbook and voting machine breakdowns, sick pollworkers, power and internet failures, broken water pipes etc.
  • Another provision requires IDs on some ballots to identify the voter with their ballot. This is violates the, so called, Secret Ballot, or as the Connecticut Constitution calls the right of secret voting. Any method of linking a voter to a ballot should be illegal, rather than mandatory. Note that a ballot package with such an ID on an outer or inner envelope is fine, as long as the process does not result in an opportunity for the ballot to be read while still linked to such an envelope.
  • Finally, the bill has very strong enforcement provisions that go well beyond what we have in Connecticut. We have Secretary of the State’s Office’s hot lines, Election Enforcement hot lines, Elections Enforcement processes, and the opportunity for redress in the courts. A small error by an official should normally be referred to the processes we have now, yet this law would provide extensive legal recourse for a voter who had to wait in line more than 30 minutes, a single voter with disabilities who could not be served independently and privately, a single voter with disabilities unable to use a drop box unaided, a single voter not receiving an absentee ballot when they applied as late as five days before election day, etc. Who would want to be a pollworker, registrar or clerk under such potential risk?

In <Part 3> we address what is clearly good in the election administration portions of the bill and what might be changed to meet the well-intended goals without the, likely unintended, unnecessary detailed requirements and consequences.

What’s the matter with H.R.1, Part 1

H.R.1: U.S. House Resolution 1, “For the People Act of 2021”. It is a 790 page omnibus election reform bill supported largely by Democrats. There is a companion bill in the U.S. Senate.

It is endorsed by a huge number of good government groups. I wonder how many have read it in detail and understand its ramifications? Like many such bills it has some good provisions and some not so good provisions. I have read only those portions having to do with voting and election administration, about half the bill, pp78-407 – areas where I can claim a level of expertise. I have also spent hours with a team of experts reviewing those provisions in further detail.

Be careful what you endorse! All of this bill is well-intended, yet not all workable. 

In this 1st post I will concentrate on just three concerns that make it especially tough for states like Connecticut. Overall in its voting and election administration sections one could say it seems to be intended to make all states voting more like California and Colorado which encourage voters to vote by mail, while offering extensive early (in-person) voting, along with polling place voting.

First, overall its too much too quickly. Overall we estimate doubling to quadrupling election costs in our cities and towns...


H.R.1: U.S. House Resolution 1, “For the People Act of 2021” <read H.R.1> It is a 790 page omnibus election reform bill supported largely by Democrats. There is a companion bill in the U.S. Senate.

It is endorsed by a huge number of good government groups. I wonder how many have read it in detail and understand its ramifications? Like many such bills it has some good provisions and some not so good provisions. I have read only those portions having to do with voting and election administration, about half the bill, pp78-407 – areas where I can claim a level of expertise. I have also spent hours with a team of experts reviewing those provisions in further detail.

Be careful what you endorse! All of this bill is well-intended, yet not all workable. 

In this 1st post I will concentrate on just three concerns that make it especially tough for states like Connecticut. Overall in its voting and election administration sections one could say it seems to be intended to make all states voting more like California and Colorado which encourage voters to vote by mail, while offering extensive early (in-person) voting, along with polling place voting.

First, overall its too much too quickly. Most of its provisions apply to all Federal elections (Federal races*) starting with November 2022, others apply by January 2022. Most previsions apply to Federal elections, primaries, run-offs, and special elections. For a state like Connecticut, you will see that it will be ongoingly expensive and in the near term challenging to implement so much. Overall we estimate doubling to quadrupling election costs in our cities and towns.

Second, significant changes in absentee voting. H.R.1 would allow all citizens the opportunity to vote by mail, yet with significant additions that will be especially challenging for Connecticut. It will mandate that mail-in packets must be processed if they are postmarked by election day** and received within 10 days after the election. Then if such ballot packages are rejected (for instance without a signature), voters must be notified and given at least 10 days to ‘cure’ (correct) the problem. That might sound good and fair, however:

Currently Connecticut law requires all ballots to be counted, recounted, and finalized within 10 days of the election. For state races, that 10 day deadline is in the Connecticut Constitution. So, in November 2022 and thereafter for every even year, the deadlines for Federal races would have to change to about 30 days after the election. State laws and election procedures should be changed to account for all requirements and to correct all subsequent deadlines (i.e. swearing into office) to conform to those Federal requirements, at least for even-year and other Federal elections. That’s all tall order to complete in, at most, a year and a half. Yet there is more. Federal law can not override our Constitution for state contests, so every two years, until our Constitution is changed we would have to effectively run two elections, with two deadlines for accepting ballots, counting ballots, calling and completing recounts (actually recanvasses in Connecticut). Realistically the earliest a Constitutional amendment could pass would be 2024, to be in effect in 2026. Connecticut could keep some or all of our current laws and deadlines for municipal races, yet that would create additional challenges and confusion for voters and for officials. Plus for the Federal races there would be no-excuse absentee voting, yet under our Constitution only absentee ballots for those with excuses could be counted for all other contests. So that would likely require two absentee ballots, one type for those with excuses, and another for those without an excuse that has only the Federal races.

The law also makes election officials responsible for the delivery of absentee ballots to individuals requesting them five days or more before the election. What about the elderly person who cannot use the Internet who requests a ballot five days before? What is an election official to do, but deliver it by hand?

Third, gargantuan early voting requirements.
Background: Connecticut does not have in-person early voting. In the past proposed Constitutional amendments have allowed the General Assembly to mandate a maximum of five or eight days of early voting in a specified period prior to an election or primary. In California there are currently 11 days of early voting, even that seems to be overkill for California, where 70% of voters mail-in their ballots, 20% vote on election day, and just 10% vote on those 11 days of early voting. Statistics are similar in Colorado.

H.R.1 would mandate a minimum of 15 days of early voting, not just any days, but each of the 15 days before election day and election day itself. It would mandate at least 10 hours a day of early voting, with all days required to be the exact same hours. And that early voting must use the same methods as election day voting, e.g. check-in lines, scanners, etc. So even the smallest, single polling-place towns in Connecticut would have to staff an early voting site for 15 days, with a minimum of six pollworkers, before election day and on election day. By my estimates likely contributing to quadrupling election costs  for some towns, in an already busy period for registrars and clerks. Perhaps ‘only’ tripling costs for mid-size municipalities, and ‘only’ doubling them for large cities. Another implication is that because early voting hours must be the same every day, early voting could not be open early some days, late other days, and vary for weekend days. Finally, if you desire to use an early voting location to double as an election day polling place that would mean all early voting hours would need to be from 6:00am to 8:00pm – most small one-polling place towns would find it easier to have two venues open on election day rather than do 15 days of 6:00am to 8:00pm. Staffing 15 days of 10 hour (actually 12 hours for staff) early voting would seem to require at least three crews plus registrars and clerks available.

This is perhaps the bulk of the work, yet not the end of H.R.1 and requirements that seem to have been written without the benefit of consulting those who have to implement them. Read <Part 2> and <Part 3>.

*We try to use ‘race’ when we mean a race for office and ‘contest’ when we mean both a race or a question on the ballot. When it comes to Federal elections, there are only races.

** For the most part when we use ‘election’ in this post we mean election, primary, run-off, or special election.

Paper Ballots Integral to Connecticut Election Security – ANNOTATED

A recent article in the Journal Inquirer is at best misleading:  Paper Ballots Integral to Connecticut Election Security <read>

Connecticut has some good election integrity practices, yet there are gaps and vulnerabilities.

Full disclosure, I am a resident of Glastonbury and have been a poll-worker here since 2013 and prior to that from 2008 in Vernon, Connecticut. I take no pleasure in writing this post. Yet, even when people you know and appreciate provide, in your opinion, inaccurate or uninformed information to the public, it is not appropriate to ignore it. There is some good information in this article, yet it is not entirely accurate.

I absolutely agree that Voter Marked Paper Ballots like we have in Connecticut are the widely recognized basis of election security and integrity. Yet they are just a start.

A recent article in the Journal Inquirer is at best misleading:  Paper Ballots Integral to Connecticut Election Security <read>

Connecticut has some good election integrity practices, yet there are gaps and vulnerabilities.

Full disclosure, I am a resident of Glastonbury and have been a poll-worker here since 2013 and prior to that from 2008 in Vernon, Connecticut. I take no pleasure in writing this post. Yet, even when people you know and appreciate provide, in your opinion, inaccurate or uninformed information to the public, it is not appropriate to ignore it. There is some good information in this article, yet it is not entirely accurate.

Below is my annotation in blue:

Paper Ballots Integral to Connecticut Election Security
Election officials in the state are pointing to the benefits of physical ballots as the national conversation around election security continues to draw focus.

I absolutely agree that Voter Marked Paper Ballots like we have in Connecticut are the widely recognized basis of election security and integrity. Yet they are just a start.

by Alex Wood, Journal Inquirer / January 4, 2021  
 
(TNS) — With election officials around the country under very public attack, Mark Dobbins, the Democratic registrar of voters in Glastonbury, wants Connecticut residents to know more about the procedures election officials here use to make sure that all legal votes — and only legal votes — are counted.

It is a sad consequence in the atmosphere of this election that officials are under attack. Anyone who threatens an official and makes false or uninformed claims should be ashamed. And, in the most blatant cases where physical harm is threatened, prosecuted.

One is the old-fashioned paper trail, which Connecticut election officials use for many records, including ballots.

“We use a lot of paper, and you can’t hack paper,” Dobbins says.

Not exactly, even though paper ballots are a good start at election security and auditability, anyone with access to the storage of voted paper ballots can hack them, better still, with access to blank ballots as well, hacking is pretty straightforward. As we have pointed out over and over, Connecticut has very weak ballot security. In the majority of towns a single official may access ballot storage undetected for hours. polling place voted ballots are normally sealed with numbered seals which scientists have demonstrated offer little protection from skilled experts and amateurs alike.

Security experts also point out that over confidence in security by officials is a warning sign of lack of security. <See Do Connecticut’s Tamper-“Evident” Seals Protect Our Ballots?>

In addition, the tabulating machines that count ballots aren’t connected to the Internet and can’t be hacked into, he says.

It is of course important that scanners are not connected to the Internet, however, Hari Hursti long ago demonstrated how the machines used in Connecticut can easily be hacked  <The Hursti Hack> by anyone who has physical access to them. In Connecticut scanners are subject to that same weak security as voted ballots. Even computers not connected to the Internet can be hacked by Foreign actors <for example the STUXNET Attack>.

He adds that the tabulating machines are useless without memory cards. When the cards aren’t in use, he says, LHS Associates, an election services company based in Salem, New Hampshire, holds them securely.

First, the machines themselves can be hacked. They have software which could easily be changed by changing the chips, especially by a rogue service person form LHS Associates. LHS employs a number of people who program the memory cards. There is no audit or observation of LHS programming or security. At least none has been publicly disclosed. Unlike Connecticut, many states require that all programming of memory cards be accomplished by officials and not outsourced as Connecticut does. Here is a UConn papers describing additional vulnerabilities <here> <and here>.

Gabe Rosenberg, general counsel to Secretary of the State Denise W. Merrill, says the University of Connecticut’s Center for Voting Technology Research, or VoTeR Center, takes the memory cards before and after the election to make sure there are no problems.

 Actually, UConn takes a sample of memory cards. Its not a scientific sample. Registrars choose the cards to send to UConn after the election and don’t send all that are asked for. UConn is a little slow in providing reports.  The memory card audit report was for the 2014 elections. Here it is latest report, we suggest reading the summary <2014> <all reports>   It’s hard to trust an audit that is not random and publicly verifiable. There are some problems reported in those audits.

Officials audit 5% of the state’s voting precincts, Rosenberg says. The results exactly matched the machine counts this year, and the historical error rate is less than 1%, he says.

Connecticut does an audit of 5% of the voting districts, yet excluded from the audit are Election Day Registration ballots and centrally counted absentee ballots. In this COVID year of increased mail-in voting there are clearly gaps in the audit. Looking at the UConn reports, the last report of the audit completed was for 2016, which was completed about 19 months after the election, so at best we may have to wait a long while for official confirmation of that claim. It might be a really long wait since the previously completed report was for the 2011 election. UConn excludes large differences between machine counts and audit counts, with the aid of the Secretary of the State’s Office attributing all significant differences to human error in the counting process.

Another security measure widely used in Connecticut elections is to have “many eyes watching everything,” Dobbins says.

ELECTION SECURITY

Against hacking: Use of paper ballots and other paper records, vote tabulating machines not connected to the Internet, audits of vote counts

Monitoring: “Many eyes watching everything”

Physical secuirty: Locked rooms for blank ballots and other election supplies, completed absentee ballots stored in “cages” within vaults, police escorts

I am sure all of these practices are in place in some towns in Connecticut. Perhaps most Absentee Ballots are in vaults. It is different for polling place voted ballots: Most towns hold them in locked rooms or cabinets that have single key locks, with keys available to several officials providing individual access. Few towns have cages for polling place ballots Few use vaults for polling place ballots. Serving in several polling places in Glastonbury I have never had or seen a police escort. From my experience police escorts are not prevalent for the custody of voted ballots.

For example, vote tabulating machines are tested before the election, and members of the public “are welcome to come and look over our shoulder and watch us do it,” he says. Likewise, the public can watch as ballots are counted, he adds.

Yes testing is important to find ballot programming errors. Public observation of testing is also important. However, no level of testing can prevent errors and fraud. Every computer is subject error and fraud. For instance, your laptop and smartphone were tested before you received them, there is no assurance that they did not contain errors or supply-chain fraud. Voting machines are no different.

Dobbins says election equipment — from blank ballots to office supplies to the personal protective equipment that election workers needed this year — is kept in “blue bins” in a locked room around election time.

Once again, the rooms in many towns can be accessed by single officials for hours undetected.  Those blue bins which are from the same manufacturer all have the same keys.

He says he and Lisbeth Becker, Glastonbury’s Republican registrar, are the only people with keys to the room — and that no one is allowed to go in alone. Any time he goes in, Dobbins says, he must be accompanied by a Republican or an unaffiliated voter.

My understanding is that such access by two individuals is not monitored, only procedure prevents an individual from lone access. In fact, just a few years ago, prior to the current registrars, I reviewed a couple of pages of the access log and noted a single individual, a Deputy Registrar, had signed in alone several times. He and others could have easily done that even without signing in. (That same deputy was later arrested by the town for computer security violations).

On Election Day, Dobbins says, the number of ballots at each polling place is noted at the start of the day — and every ballot has to be accounted for at the end of the day.

Due to the vastly increased demand for absentee ballots amid the COVID-19 pandemic, the secretary of the state’s office had absentee ballot applications mailed to every registered voter this year.

Some have wondered whether a new resident of an address could send in an application in the old resident’s name, then vote by absentee ballot under that name while also voting under their own name.

But if the impersonated voter were to vote elsewhere, Rosenberg says, the fraudster would be caught. He adds that state law makes such fraud punishable by up to five years in prison and a $5,000 fine — and that several federal laws prohibit it as well — putting a high price on casting a single fraudulent vote.

Responsibilities for Connecticut elections are divided between registrars of voters and town clerks. The clerks’ responsibilities include sending out blank absentee ballots to voters who request them, receiving the completed ballots back, and storing them until it is time for the registrars to count them.

Manchester Town Clerk Joseph V. Camposeo says his office had to add part-time staff members to handle the increased workload, including data entry when ballots were sent out and when they were returned. He says the ballots were stored in a “cage” in his office’s vault for extra security.

My experience is that Manchester has security practices that are well above average in Connecticut.

Manchester had absentee ballot “drop boxes” behind Town Hall and at the police station this year. When he collected more than one or two ballots from the police station box, Camposeo says, he would have a police escort on the way back.

©2021 Journal Inquirer, Distributed by Tribune Content Agency, LLC.

In summary, many of these practices are good ones, if followed by every official in every town. Yet, they are insufficient and especially vulnerable to insider attack, including vendors and a variety of town employees, not just election officials. Elections are more vulnerable to outsiders when the insiders are over confident.

Security is difficult. Connecticut has a good basis with Voter Marked Paper Ballots, no Internet connections, and no Internet voting. Security practices are much more difficult given the nature of a state with 169 towns each with two registrars from opposing parties expected to be knowledgeable in all aspects of elections, including election security. Many are understaffed and underpaid. It’s a lot to expect that each official can understand, implement, and monitor security, while following the best practices of other states with larger election jurisdictions. Many Municipal Clerks are in the same boat. Yet surfacing issues can be the beginning of improvement. On the other hand, the distributed nature of Connecticut elections makes it difficult for localized errors and fraud to result in an inaccurate state-wide result, yet local elections remain more vulnerable.

We need stronger uniform, enforceable, and enforced security procedures across the state. Among other things Connecticut needs stronger tabulation audits, audits of ballot and scanner security.

 

Making Every Voter Equal: Uniformity, especially for ‘curing’ mail-in ballots.

For years we have been complaining that Election Day Registration in Connecticut may well be a civil rights violation. Now we find that we may well have a similar problem contained in the rushed procedures for handling the volume of mail-in voting.

For years we have been complaining that Election Day Registration (EDR) in Connecticut may well be a civil rights violation. Now we find that we may well have a similar problem contained in the rushed procedures for handling the volume of mail-in voting.

The basic requirement is that all voters and potential voters be treated equally to make elections fair to everyone.  We are talking making them equal in just a single state. Obviously they are quite different from state to state. E.g. in Connecticut felons can vote, while in some other states they cannot, and in FL they have great difficulties restoring their right to vote. E.g. Connecticut normally requires a excuse for mail-in voting, many states do not, while others add barriers of one or two witnesses to submit an absentee ballot. E.g. other barriers are fewer polling places or fewer voting machines in minority districts in some states.  We could go on.

When it comes to EDR, since the beginning it has caused inequality in even year elections in Connecticut. This is likely unintentionally, yet that makes it no less unfair and unequal, and no less a civil-rights violation waiting to be challenged. It may have finally been addressed this year as we have seen no reports of problems. In past even years we have seen long lines in Hartford, Bridgeport, and most glaringly in New Haven and in some university towns. The problem is two fold. First such towns have many, many more transient populations of voters that causes more demand for EDR. Second, especially in larger cities there less budget for elections and apparently registrars not up the the larger planning and logistic challenges for those cities. We are not saying that city registrars are less competent than many of their peers, but a bigger challenge demands in addition to more compensation (which they have) more planning and execution capability.

When in comes to mail-in voting, especially the rushed and ever changing process this time – there are lots of areas demanding uniformity. Here we do not know all the answers. As far as we know, all the clerks kept up with demands to turn-around absentee applications and absentee ballots in reasonable time. As far as we know, all towns processed and counted the large number of ballots in a reasonable time. However, when it comes to “curing” ballots from what we have heard there was no uniform process. Likely some towns made some attempt at cures and others did not, overall not very uniform and likely favoring some voters and disfavoring others.

What is “curing?” We define it as any process that allows voters to correct a situation where their mail-in ballot would otherwise be rejected. Perhaps signing an inner envelope. Perhaps attesting that it is indeed their signature. Perhaps being given an opportunity to supply a new ballot or to attest that they put their ballot outside the inner envelope or neglected to submit the inner envelope.

There is a lot to uniformity here.

  • The process has to be uniform across the State, articulated in detail, published for everyone,followed by officials uniformly, observable by the public, able to see the details are followed (or not followed), and enforced.
  • What can be cured, how it can be cured, how voters are notified, and the deadlines specified.
  • And in practice it has to be uniform and fair. If the small town has a hand full of cases, finds them five days before the election, knows how to contact each voter even though they don’t have current phone numbers or emails, and does so – then its not fair if the large city has hundreds, finds them later under huge processing demands, does not give voters about the same amount of time to cure, and cannot give equal attention to locating each voter – its unfair.
  • If some towns call out the names of every such voter, give access to observers from each party, so they can call such voters – and other towns don’t do that or its somehow harder for large town observers to do the work or are given less time – its unfair.
  • If some demographics have a harder time submitting acceptable ballot packages or a harder time actually curing then it may be unfair.

Cures can work. Fairness might include:

  • Standards for how quickly after receipt or after election day cures must be detected and noticed to voters.
  • Mandatory contact methods: Call and leave voice mails or not, send emails or not, and mandatory letters.
  • Enough days for a voter to receive a postal letter and respond.
  • Uniform and multiple methods for response. Some states allow cures by internet application, phone, email, postal mail etc. Some only by personal appearance which is tough for those with disabilities.

Overall it means that the deadline for counting all votes would need to extend at least a couple weeks after the deadline for receipt of a mail-in ballot.  It really should not allow a voter to submit a new ballot after election day. Procedures should be followed that do preclude officials knowing how a voter voted before choosing to offer a cure.

We are not sure Connecticut is ready to delay counting for a couple of weeks. If so, then there is a lot in the law that needs changing: When we call for and perform recanvasses, certification dates, and in some cases when municipal winners are declared and take office.

 

 

237 Late Absentee Ballots in Enfield. Don’t Panic – Investigate

Hartford Courant Report:  U.S. Postal Service investigating why 237 absentee ballots showed up weeks late for Aug. 11 primary in Enfield

The U.S. Postal Service and the State Elections Enforcement Commission are investigating why 237 absentee ballots for the Aug. 11 primary showed up more than two weeks late at Enfield Town Hall…

The ballots showed up in batches more than two weeks after the Aug. 11 primary and were postmarked at the Enfield post office before being delivered on the same day. An initial batch of 65 ballots were suddenly delivered to Enfield’s town hall two weeks after the election, and then 49 arrived two days later, officials said.

“They were postmarked by a stamp by a person at the post office — not by a machine that they run through 1/4 u201a” Rosenberg said. “This is obviously a stamp.”

There were no legislative primaries in Enfield this year but the late-arriving ballots may have been a factor in the GOP primary for the 2nd Congressional District that includes Enfield. In that contest, Justin Anderson defeated Thomas Gilmer by 78 votes, according to results on the secretary of the state’s website.

This obviously may have potential implications for the November election,  may be a crime by postal officials or others, maybe not. Don’t panic yet. Some high level possibilities:

Hartford Courant Report:  U.S. Postal Service investigating why 237 absentee ballots showed up weeks late for Aug. 11 primary in Enfield <read>

The U.S. Postal Service and the State Elections Enforcement Commission are investigating why 237 absentee ballots for the Aug. 11 primary showed up more than two weeks late at Enfield Town Hall…

The ballots showed up in batches more than two weeks after the Aug. 11 primary and were postmarked at the Enfield post office before being delivered on the same day. An initial batch of 65 ballots were suddenly delivered to Enfield’s town hall two weeks after the election, and then 49 arrived two days later, officials said.

“They were postmarked by a stamp by a person at the post office — not by a machine that they run through 1/4 u201a” Rosenberg said. “This is obviously a stamp.”

There were no legislative primaries in Enfield this year but the late-arriving ballots may have been a factor in the GOP primary for the 2nd Congressional District that includes Enfield. In that contest, Justin Anderson defeated Thomas Gilmer by 78 votes, according to results on the secretary of the state’s website.

This obviously may have potential implications for the November election,  may be a crime by postal officials or others, maybe not. Don’t panic yet. Some high level possibilities:

  • It could be an innocent error or a series of errors that need to be prevented.
  • It could be a deliberate attempt at election fraud by someone or some group.
  • It could be a deliberate attempt to discredit mail-in voting.
  • AND it could have changed the result of a primary for U.S. Congress.

There is much that might be determined by the two investigations. Some questions that can likely be answered:

  • Who hand stamped the ballots? Why were they not run through normal processes? Where were they found? How did they come to be processed/stored together? Where might that lead?
  • Open the envelopes, leaving all materials together. Count the ballots. If legally submitted in time, would they have changed the result?
  • Are they from a single voting district? Likely mailed from a single mail box, or collected by a single mail carrier?
  • How many are D? How many R? Do the party affiliations closely approximate the D and R submissions for Enfield or the district(s) involved? (If a normal distribution then is less likely to have changed the result.)
  • Submit both the applications and inner envelopes to professional handwriting analysis. Do signatures match? Do they match those on file? Do they show that most of the ballots or applications were signed by one or a few individuals?
  • When were the applications submitted? E. G. were they submitted on the same day?
  • Contact all the voters involved. Did they submit their applications and ballots? When? Where? Did they have any help? In general, does their recall of who they voted for correspond to their ballots?

All that should give a pretty good idea if there was skulduggery or error. If skulduggery may well find the culprit and motivation.

For All Voters:

  • If at all possible, deposit your applications and ballots in the drop-boxes rather than the mail.
  • If you don’t receive your ballot by late October (Oct 20th?) call your Town Clerk or vote in-person.
  • Voting in-person is safer for your vote, with your ballot 2% to about 5% more likely to be counted (without fraud).
  • Yet in the age of COVID, voting by mail is safer for your health, choose carefully.

My Nov 3 Voting Plan

There have been many articles with quotes from the Secretary of the State, municipal clerks,  and registrars. Many Facebook posts with comments from voters, registrars and clerks. I have also read many articles about the changes in the Postal Service. From all that I have the following plan to assure my vote is counted in November You might consider it, if you vote in Connecticut:

  1. Wait for the prefilled application in the mail. It should arrive in late September. (If not received by Oct 1st, I will download an application from the SOTS Website AB Page.)
  2. Within 24 hours of receiving the AB application, I will carefully fill it out, following all directions.
  3. Also within 24 hours…

There have been many articles with quotes from the Secretary of the State, municipal clerks, and registrars. Many Facebook posts with comments from voters, registrars and clerks. I have also read many articles about the changes in the Postal Service. From all that I have the following plan to assure my vote is counted in November You might consider it, if you vote in Connecticut:

  1. Wait for the prefilled application in the mail. It should arrive in late September. (If not received by Oct 1st, I will download an application from the SOTS Website AB Page.)
  2. Within 24 hours of receiving the AB application, I will carefully fill it out, following all directions.
  3. Also within 24 hours I will deposit it in the Ballot Box outside Town Hall in my town, nowhere else.
  4. Wait for the absentee ballot packet that should arrive sometime in October. (If not received by Oct 26th I will call my municipal clerk and arrange to get a replacement, in person.)
  5. Within 24 hours of receiving the AB ballot packet, I will carefully follow the directions, sealing the ballot in the inner envelope, signing the inner envelope, enclosing both in the outer envelope, and any other directions.
  6. Also within 24 hours of receiving the packet, I will deposit the resulting packet in the Ballot Box outside Town Hall in my town, nowhere else.

FAILING all that, I will vote in my polling place on November 3rd (I suggest avoiding 6:00am, as that is often the only time there is a significant line, in my experience).

If you are not sure that you are registered, then check here: <Voter Lookup Tool> (Do that by October 1st, better still do it Right Now!

Verified Voting writes Secretary Merrill supporting Citizen Audit’s call for expanded audits

The Verified Voting Foundation has written a letter to Secretary of the State, Denise Merrill, supporting expanded audits based on Connecticut’s expansion of absentee ballots: <read> Their support was based on the Citizen Audit’s recent Op-Ed. in the CTMirror.

The Verified Voting Foundation has written a letter to Secretary of the State, Denise Merrill, supporting expanded audits based on Connecticut’s expansion of absentee ballots: <read> Their support was based on the Citizen Audit’s recent Op-Ed. in the CTMirror.

Verified Voting writes concerning the exclusion of absentee ballots from Connecticut’s post-election audit. Connecticut made the right decision for election integrity when the state passed legislation in 2007 mandating post-election audits. Christopher Krebs, director of the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, recently testified that “the ability to conduct post-election audits is critical to establishing the integrity of the election.” Unfortunately, the anticipated massive surge of absentee ballots in 2020 threatens the credibility of the audit. As you know, Connecticut generally exempts absentee ballots, along with hand-counted ballots and election day registration ballots, from its audit. We urge you to broaden the audit this year to include absentee ballots…

An audit’s credibility depends on whether the audit sample is reasonably representative of all ballots cast. Excluding absentee ballots is undesirable even when they comprise less than ten percent of ballots cast…

We understand the pressures facing state and local election officials this year. Fortunately, as Luther Weeks of Connecticut Citizen Election Audit has pointed out, Connecticut’s machine-assisted audit system can facilitate conducting audits that include absentee ballots…

An increase in absentee voting inevitably will raise questions about ballot handling, adjudication, and security as well as tabulation. Accordingly, we agree with Weeks that an independent audit of all absentee ballot processes, culminating in tabulation, should take place.

Read the entire letter here: <read>