2004 not so long ago, does it take a conspiracy? Consider the context, 2012.

A recent conversation and a video bring back memories and posts covering the 2004 election.

We should cautiously consider the context. 2004 was our last close presidential election. We are in the midst of an apparent multi-state, swing-state, open conspiracy to suppress votes via unnecessary voter ID. And the 2012 election may again be close, like those in 2004 and 2000.

A recent conversation and a video bring back memories and posts covering the 2004 election.

The question I asked myself and answered was “Do I believe the 2004 election was stolen by a conspiracy?” The short answer is “Probably not, it was likely was stolen by several small conspiracies and individual actions”. A conspiracy takes just two or more people conspiring to commit a crime. Four years ago we reviewed Witness to a Crime, by Richard Hayes Phillips, the evidence he generated showed a variety of problems with the 2004 results in Ohio. The evidence seems to point to at least several small conspiracies that together added up to enough votes changed to alter the Ohio result, and the election result. As we have said before, to our knowledge none of the accusations in Witness to a Crime have ever been refuted. We also witnessed the voter suppression in Ohio, perhaps the least likely to be a conspiracy was the Secretary of State, Ken Blackwell, rejecting voter registrations not submitted on very heavyweight paper.

Less certain is the claim that votes were manipulated on external severs, and the related small airplane death of a potential conspirator.

Several of these actions, conspiracies, and suspicions were covered yesterday on DemocracyNow!, interviewing Craig Unger on his new book about Karl Rove, Boss Rove.

The video also reviews the sad story of the unfortunate, strategic prosecution/persecution of Gov Don Siegelman. That is half the story. The other half is his stolen re-election.

We should cautiously consider the context. 2004 was our last close presidential election. We are in the midst of an apparent multi-state, swing-state, open conspiracy to suppress votes via unnecessary voter ID. The 2012 election may again be close, like those in 2004 and 2000.

Book Review: With Liberty and Justice for Some

We can have access to complete information from a free and robust media, have the cleanest elections possible, yet without the rule of law, we do not have democracy. Without the rule of law, journalists and whistle-blowers will not be protected, and election integrity would be unlikely.

Editor’s Note:  Prefacing a book review, two years ago we said: “There are many issues demanding citizens’ attention to improve our world, government, and democracy in the direction of the promises of the Declaration of Independence and the Constitution. The two most basic issues upon which all others depend are media reform and election integrity. If I could waive a wand and magically choose just one, it would be media reform – with media reform election integrity would be possible and likely, without it election integrity is of little consequence.  I spend my time on election integrity because the problems and workable solutions come naturally to me based on my knowledge, education, and experience.” Today, I would add a third basic issue upon which all others depend, the rule of law and not of people [or corporations])

I highly recommend reading With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful, by Glenn Greenwald.

I have two complaints and a compliment:

First it is DEPRESSING. But like getting a diagnosis from your doctor, knowing the problem can help lead to rational action. While reading, and since, I keep noticing the sad lack of accountability and its consequences everywhere in the news.

Second its title is MISLEADING. It is too generous suggesting justice for some. It is not justice when the rich, politicians, and insiders get away with significant crime at almost everyone’s expense on the planet. Yes, retail murderers and their victims’ survivors often get justice, but even then many are wrongly convicted or escape justice.

Finally it is refreshingly SHORT. Glenn packs a lot into less than a couple hundred pages. It is a simple concept yet the book is packed with examples that drive the point home. We must be a nation of laws, or all is lost.

We are in the words of John Adams, “a nation of laws, not men.” For Adams, either the law is supreme in all cases, or the arbitrary will of rulers is. Adams and the other founders viewed the preeminence of law or individuals — all individuals —  as the only protection against the tyranny that American colonists had launched…Alexander Hamilton did not often see eye to eye with Paine, but on this he heartily agreed. “The instruments by which [government] must act are either the AUTHORITY of the laws or FORCE.” he wrote in 1794 “If the first be destroyed, the last must be substituted; and where this becomes the ordinary instrument of government there is and end to liberty!”…

To Paine, a system of legally enforced inequality would enable the elite to exploit the law to entrench unearned prerogatives or shield ill-gotten gains.

This week and in recent weeks we see examples of this potentially happening. Perhaps each of these examples unfolds we will see the extent to which we actually have a rule of law or of the elite:

  • The LIBOR scandal where Barkleys Bank was fined about .5 Billion for cheating on the rate which underlies all loans. A crime against us all, possibly reaching in the Trillions of dollars. Nobody charged yet with a crime. Now most big banks are under investigation, perhaps even the U.S. Treasury Secretary. Will there be an investigation, criminal trials, jail time?
  • The F.D.A. caught spying on whistle-blowing employees, spying on Congress, and creating an enemies list. In CT a medial doctor was convicted last week of spying on his ex and paid a tort of 2 Million. Will the F.D.A perpetrators be brought to Justice? If not will Representatives and staffers consider civil court?
  • We note the prosecution of an Army Private, with cruel and hopefully unusual punishment prior to conviction, along with pronouncements of guilt before trial, accompanied by no actions against crimes exposed by the whistle-blowing itself.
  • A presidential candidate held a campaign strategy session, inviting super PAC leaders, who are barred from colluding with the campaign.  Will there be any investigation? Will there be any sanction that hurts the chances of the candidate, if they violated the law. If the law was not violated, what would actually constitute collusion?

In Greenwald’s words:

Over the past several decades we have witnessed numerous examples of serious lawbreaking on the part of our most powerful political and financial leaders with no consequences of any kind. It is no exaggeration to state that the current consensus among journalists and politicians is that except in the most blatant and sensationalistic cases (typically ones in which powerful factions are aggrieved — a Bernie Madoff, here a Rob Blagojevich there), criminal prosecutions are simply not appropriate for the country’s elites. Courtrooms, indictments, and prisons are there for ordinary Americans, not for the ruling classes, and virtually never for our highest political leaders.

We can have access to complete information from a free and robust media, have the cleanest elections possible, yet without the rule of law, we do not have democracy. Without the rule of law, journalists and whistle-blowers will not be protected, and election integrity would be unlikely.

Update:

  • Another example of justice denied. This tax scandal and election scandal would pay for itself in tax revenue.

Common Sense: Tension between Convenience, Confidence, and Cost

Many of the issues we discuss here and debate in the Legislature revolve around tradeoffs between Convenience, Confidence, and Costs. At a basic level we find three fundamental values/goals behind every initiative and debate: These tradeoffs and competing goals are the context within which we all constantly evaluate new laws and proposals.

Note: This is the sixth 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>

Elections like many complex activities are subject to many demands and conflicting priorities. Reading Edward B. Foley’s excellent and fascinating paper, The 1792 Election Dispute and Its Continuing Relevance, one of its main themes:

Another lesson to be learned from the Clinton-Jay dispute of 1792 concerns the deep-rooted nature of the jurisprudential debate between strict and lenient enforcement of election statutes. As a review of the 1792 dispute reveals, this basic jurisprudential debate has been with us from the very beginning. The 1792 dispute also demonstrates that this jurisprudential debate involves competing interpretations of our nation’s most elementary commitment to the existence of democratic elections. Proponents of both strict and lenient enforcement appeal to the fundamental value of a free and fair vote among citizens. Yet each side of this jurisprudential debate appeals to this fundamental value in a different way. As a nation, we are essentially stuck in the same place regarding this debate as we were in 1792.

Many of the issues we discuss here and debate in the Legislature revolve around similar tradeoffs between strict and lenient enforcement – tradeoffs in laws set out before close election results, charges, counter charges, and arguments actually occur. At a basic level we find three fundamental values/goals behind every initiative and debate:

  • Convenience – Access for voters, access for candidates, and efficiency for officials
  • Confidence – Integrity and confidence in the process, voter qualifications, and accuracy of the results
  • Cost – What it takes to register voters and  run elections

Convenience suggests capabilities such as: Election day registration; early voting, online registration; universal registration; online voting;  many well staffed and equipped polling places; systems for those with disabilities; school or general holidays on election day; voter friendly ballot design; easy to use web information; low bars for third party candidates; public financing; short hours and increased staffing for officials; technology to save officials work; easy to setup technology; etc.

Confidence suggests requirements such as: Voter verified paper ballots; adequate supplies of pre-printed ballots; strong ballot security; strong equipment testing and security; fully transparent operations; careful, extensive registration checks; careful, effective voter checkin requirements; strong recount and post-election audits; stronger, more uniform, or faster enforcement of election laws;

Costs are usually required to increase confidence or convenience. Sometimes an investment in new equipment and methods can actually save money in the long run. In other cases waste can be eliminated or a more efficient method found. In other cases a well intended initiative can be accomplished in a wasteful, ineffective, even detrimental way.

In general we can tradeoff one of the three goals for one or two of the others, yet it does not always work that way:

  • We can save money and add to convenience at the expense of confidence when we loosen registration checks. Similarly we can add confidence, with costs and  inconvenience by stronger voter ID requirements.
  • We can increase confidence and costs, along with more work by officials when we increase the standards for protecting ballots or camera surveillance of storage and official work areas.
  • We can invest in online registration, which adds to convenience, and confidence, while it reduces costs. (As we used to call it in IT, a “sweet spot” application)
  • We could invest in paperless DRE (touch screens) which increase work for officials, can result in long lines for voters, high risks to confidence, and huge costs over optical scanners – a lose, lose, lose, lose proposition.
  • Better procedures and regulations can provide a huge payoff, only if they are accompanied by effective training and compliance.
  • Also tradeoffs may not be uniform: Costs or additional work can be greater for small towns, or for towns with many small polling places. Voter ID laws can disproportionately greatly inconvenience and cost some voters, while hardly making a difference to others.
  • Finally, some impacts are really, really difficult to determine. In recent years, the Legislature changed to require special elections for U.S. Senate vacancies – each election would cost several million dollars. How many will we have? And when? Some could be very critical and valuable to democracy, others inconsequential. What is the value of ballot security we can all trust vs. questionable security almost impossible to prevent and demonstrate fraud, should it occur?

These tradeoffs and competing goals are the context within which we all constantly evaluate new laws and proposals.

Voting machine investigation leads to serious issues and cover-up

This is serious stuff. The words that come to mind are: Illegal, unacceptable, unconscionable, ridiculous, unconstitutional, and undemocratic.

Brad Friedman articulated the details last week  <read>

Forensic Analysis Finds Venango County, PA, E-Voting System ‘Remotely Accessed’ on ‘Multiple Occasions’ by Unknown Computer

Battle for independent election investigation rages in rural Republican county, pitting renegade Election Board against County Commission, giant E-Vote firm ES&S…

What is wrong in this situation?

  • Illegal software found on vote accumulation machine
  • On several occasions the system was accessed remotely, unauthorized
  • Evidence of an illegal flash drive mounted on the system
  • The log shows out of sequence events
  • The Election Board that should be leading the charge to get to the bottom of the problem is fighting to cover-up the evidence and avoid investigation
  • The vendor, ES&S who should be offering to assist in the investigation is keeping the code secret and suing the investigators to stop, to keep the evidence hidden
  • There is no paper record of the votes such that investigators and citizens can determine if votes or elections were comprised

This is serious stuff. The words that come to mind are: Illegal, unacceptable, unconscionable, ridiculous, unconstitutional, and undemocratic.

Hats off to the citizens of Pennsylvania who fight for voting integrity, the researchers at Carnegie-Mellon, and the interim Election Board.

According to the Initial Report from a landmark independent forensic audit of the Venango County, PA, touch-screen voting system — the same system used in dozens of counties across the state and country — someone used a computer that was not a part of county’s election network to remotely access the central election tabulator computer, illegally, “on multiple occasions.” Despite the disturbing report, as obtained by The BRAD BLOG and posted in full below, we may never get to learn who did it or why, if Venango’s County Commissioners, a local judge, and the nation’s largest e-voting company have their way. And that’s not all we won’t get to find out about.

The battle for election integrity continues in Venango, with the County Commissioners teaming up with e-voting vendor Election Systems & Software, Inc. (ES&S) on one side, and the county’s renegade interim Republican-majority Board of Elections on the other. The Commissioners and ES&S have been working to spike the independent scientific forensic audit of the county’s failed electronic voting machines that was commissioned by the interim Board of Elections. Making matters worse, the Board has now been removed from power by a county judge, a decision they are attempting to appeal as the three-person board and their supporters continue to fight the entrenched establishment for transparency and accountability in the rural Western Pennsylvania county…

Omaha-based ES&S, which had issued no objections prior to the start of the study, but changed its mind quickly after it began (as we detailed in an Exclusive report in late October) has now hardened their position, sending threatening legal letters to both the county and the two computer scientists. The e-voting firm has warned them they are likely to face a lawsuit if they do not agree to complete confidentiality and if results of their analysis are released publicly without their prior review and approval…

There were real, not just theoretical, concerns motivating the investigation in the first place:

As the analysis finally began, Election Integrity advocate Marybeth Kuznik, founder of the non-partisan watchdog organization VotePA.us explained that the Board was calling for the investigation after the county had experienced “numerous reports of vote-flipping, candidates missing from screens, write-ins missing, and high undervote rates in their May 17 Primary.”

While reporting on the Venango Board’s efforts to get their analysis under way during one of our regular fill-in stints as guest host for the nationally syndicated Mike Malloy Show in late October, we received an unexpected call from Adams to offer more details on why his Board had sought the forensic audit.

“It started with an election in 2008 when the machines were basically showing a large number of undervotes,” he explained. “And then there were candidates for positions in the county and they had zero votes, but there was like 250 or 260 undervotes.”

“Wait a minute, there were people who had zero votes on the ballot? Is that normal?” we interrupted to ask.

“No. No, it is not normal,” he responded directly, describing the anomaly as “a red flag.” When pressed to explain why he believed the the County Commissioners and their legal representatives had been working so hard for months to keep the audit from happening, Adams told us bluntly: “They know there’s something wrong.”

This provides one more reason to scrap unverifiable election systems without a voter verifiable paper record in favor of more economical, auditable optical scan technology. But that is not enough!

  • Every state, every ballot should be subject to sufficient post-election audits. But that is not enough!
  • Strong security and chains of custody is needed for ballots.
  • And a total audit of voting systems and election systems should be required: e.g. Do pollbook counts match ballot counts? Are voters given a fair opportunity to vote? Are absentee ballots properly secured and submitted? Is there any evidence of machine tampering or irregularities?

Too Many Registrars? Or Too Little Thought?

We agree that Connecticut would likely be better off with regional, civil-service, professional election administration. Such a change requires much thought and planning, just like the consolidation of Probate Court. That is not what the Courant is proposing. The Editorial Board also demonstrates a great lack of creativity suggesting that each registrar in Hartford must be paid $80,000 and have a deputy. As we have suggested before, three registrars could each be part time, paid less, and/or do the job with fewer deputies.

The history of voting in the United States is a series of knee-jerk reactions.  Punch cards and lever machines to prevent problems with paper ballot skulduggery; Costly, hackable touch screens replacing levers and punched cards after the 2000 debacle in Florida. Once again, the Hartford Courant is ready for immediate knee-jerk action.

Editorial, Three Hartford Registrars Is $200,000 Too Many – Odd law burdens Hartford with unnecessary costs <read>

Wouldn’t you know, Hartford’s three registrars of voters can’t get along and are squabbling among themselves. This is not new, but things have gotten so bad that Mayor Pedro Segarra has offered to serve as a mediator to resolve disagreements.

This problem could be permanently resolved if the legislature would get off its keister. The city shouldn’t have three registrars. It does because of a quirk in state election law.

The law says the candidates for registrar of voters who garner the highest and second-highest number of votes win the posts. But if a major-party candidate — Democrat or Republican — is not among the top two finishers, that candidate must also be named a registrar.

In 2008, Urania Petit petitioned her way onto the Hartford ballot as a registrar candidate for the Working Families Party, and then outpolled the Republican registrar, Salvatore Bramante. The result is that both of them, along with Democrat Olga Iris Vazquez, all became registrars. A registrar in Hartford makes $80,000 per year. Add costs for staff, benefits, computers, etc., and each registrar costs the city about $200,000.

This is too stupid for words. The city is in dire fiscal straits and it has to waste $200,000 on a completely unnecessary job. That spending could go toward parks or public works employees, police officers, reading consultants — or it could be eliminated to lower the budget. If Hartford is going to waste money, why not at least make it fun and drop it in small bills from a plane over the city?

The legislature needs to change the law in its next session. Hartford could do just fine with one professional, nonpartisan registrar. It certainly doesn’t need three

We agree that Connecticut would likely be better off with regional, civil-service, professional election administration.  Such a change requires much thought and planning, just like the consolidation of Probate Court. Actually changing election administration would require much more planning since it would involve not just consolidation, but a complete change in the system. Such a change would have to account for many changes  in the law, the Connecticut Constitution, new ways of oversight, integrity considerations, and a significant transition plan.

That is not what the Courant is proposing here. They want the Legislature to do something to change Hartford to a single appointed registrar. Who would do the appointing? Who would watch out for the interests of voters along with candidates and parties of opposing interests? Which cities would this apply to? Or would each small town need to somehow appoint a person to a very very part time job? How could qualified candidates be found and vetted?  What guarantee would there be of such candidates being available and actually being appointed?

The Editorial Board also demonstrates a great lack of creativity suggesting that each registrar in Hartford must be paid $80,000 and have a deputy. As we have suggested before, three registrars could each be part time, paid less, and/or do the job with fewer deputies.

Reference the recent issue in Hartford and our past editorials. <Hartford Registrars: Fighting Disrupts City Office> <Let us consider doing for Elections what we have done for Probate> <Downsizing Newspaper Recommends Downsizing Registrars>

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>

Common Sense: Integrity and Confidence

We often speak of the need for ‘Integrity and Confidence’ in elections, yet the words ‘Integrity’ and ‘Confidence’ are often misunderstood, with their meanings collapsed. We need both confidence and integrity in our elections, neither alone is sufficient.

Note: This is the forth 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>

Posting on a recent presentation we realized that we often speak of the need for ‘Integrity and Confidence’ in elections, yet the words ‘Integrity’ and ‘Confidence’ are often misunderstood, with their meanings collapsed. We need both confidence and integrity in our elections, neither alone is sufficient.

Integrity

We find the Wikipedia definition of Integrity close to what we mean when we call for election integrity.

Integrity is a concept of consistency of actions, values, methods, measures, principles, expectations, and outcomes. In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one’s actions. Integrity can be regarded as the opposite of hypocrisy,[1] in that it regards internal consistency as a virtue, and suggests that parties holding apparently conflicting values should account for the discrepancy or alter their beliefs.

In elections, to us, integrity means that the voters’ intentions are realized in the results of each race or contest. That within reason every vote is counted accurately. It means that the entire system of voter registration, ballot access, and election administration functions according to law and common sense expectations of the public. A system where what we expect is what we get, and what we expect is democracy. A system sufficient for the people to control, define, and elect their government.

Confidence

For Confidence we prefer Dictionary.com’s definition:

Confidence. 1.full trust; belief in the powers, trustworthiness, or reliability of a person or thing: We have every confidence in their ability to succeed. 3.certitude; assurance: He described the situation with such confidence that the audience believed him completely.

In elections, to us, confidence means that the vast majority of voters and candidates trust that voters’ intentions are realized in the results of each race or contest. They trust that within reason every vote is counted accurately. It means that they trust the entire system of voter registration, ballot access, and election administration functions according to law and common sense expectations of the public. They believe we have a system that provides that what we expect is what we get, and what we expect is democracy. They trust we have a system sufficient for the people to control, define, and elect their government.

Confidence without Integrity

The Madison Avenue, vigilance free system. A system which the public and candidates trust, which in reality is not one of integrity. Such a system would not be sufficient for democracy because the will of the people would be thwarted through election errors, election skulduggery, voter suppression, or insufficient ballot access. Largely a myth created by weak, fearful, gullible, or duplicitous officials, believed by some of the people some of the time. Symptoms include lack of transparency, defensiveness, and errors attributed to rare, unique and explainable mistakes.

Without Confidence and without Integrity

A system without integrity with weaknesses more transparent to the public, than apparent to officials. This system is more prevalent than systems with confidence and without integrity. We have been admonished by some officials to  “Stop doing what you are doing because it will scare the voters away from the polls“. We have news for  such officials and politicians: The public has a general lack of confidence in the system already. When we asked voters to sign a petition calling for increased integrity and confidence in elections, most immediately agreed to sign – they recognized the need. The second most prevalent reaction was to laugh and walk away indicating that it was a hopeless quest.

Integrity without Confidence

Yet, a lack of confidence does not necessarily imply a lack of integrity; perhaps power does not always corrupt a weak link; perhaps transparency is not necessary for election integrity; perhaps elections are an exception to what we see when we lift the veil of government secrecy in every other area. Confidence requires a transparent system. In addition confidence requires laws and procedures that are sufficient, enforceable, and enforced. Unless the laws of human nature are suspended for elections, integrity also would require those same things: laws and procedures that are sufficient, enforceable, and enforced. Sufficient laws must go beyond punishing the guilty and correcting the innocent; sufficient procedures must go beyond correcting errors and mistakes so that they will not happen again; the system must assure redress of incorrect results.

CT Mirror Op-Ed: Online voting is risky and expensive

Online voting is an appealing option to speed voting for military and overseas voters. Yet it is actually “Democracy Theater”, providing an expensive, risky illusion of supporting our troops. Technologists warn of the unsolved technical challenges, while experience shows that the risks are tangible and pervasive. There are safer, less expensive solutions available.

Our op-ed published at the CTMirror <read>

Online voting is risky and expensive

by Luther Weeks

Luther Weeks is executive director of CTVotersCount.

April 29, 2011

Online voting is an appealing option to speed voting for military and overseas voters. Yet it is actually “Democracy Theater”, providing an expensive, risky illusion of supporting our troops. Technologists warn of the unsolved technical challenges, while experience shows that the risks are tangible and pervasive. There are safer, less expensive solutions available.

This year, the Government Administration and Elections Committee held hearings on a bill for online voting for military voters. Later they approved a “technical bill”, S.B. 939. Tucked at the end was a paragraph requiring that the Secretary of the State “shall, within available appropriations, establish a method to allow for on-line voting by military personnel stationed out of state.”

In 2008, over thirty computer scientists, security experts and technicians signed the “Computer Technologists’ Statement on Internet Voting,” listing five unsolved technical challenges and concluding: “[W]e believe it is necessary to warn policymakers and the public that secure internet voting is a very hard technical problem, and that we should proceed with internet voting schemes only after thorough consideration of the technical and non-technical issues in doing so.”

The prevailing attitude seems to be, if voters and election officials like it and see no obvious problems then it must be safe.

In September 2010, Washington D.C. opened their proposed internet voting system to public testing. The system was quickly compromised, changing all past and future votes. Separately, the municipal network was entered, passwords to municipal systems obtained, and the list of codes for Internet voting in the November election were obtained.

This should not be surprising. Almost weekly we learn of one system or another that is penetrated by outsiders, including teens and overseas criminals. Organizations that have been unable to protect networks and applications include banks, government agencies, the Department of Defense, Google, and ironically, Internet security firms.

Several states have implemented various forms of Internet voting. None has subjected their systems to evaluation and testing for the difficult challenges identified by the experts. One of the “success stories” without any proof for precluding vulnerabilities is West Virginia. That state spent about $75,000 for 54 electronic votes. Over $1,300 per voter!

To the public, like some legislators, it seems intuitive to accept that “We use ATMs and bank online with no problems, why not vote that way?” This argument fails theoretically and practically. The anonymous ballot does not provide the verification and proof of banking receipts or double entry bookkeeping which help detect fraud. ATMs are bank-owned computers with special network security, much safer than general purpose computers. Even so, banks lose billions each year to fraud with ATMs and online banking. They have warned their business customers to avoid online banking.

There are better, safer, economical alternatives available. The Federal Military and Overseas Voter Empowerment Act (MOVE), passed in 2009, provides for electronic distribution of ballots and absentee ballots that can be returned together in one envelope. In conjunction with the Overseas Voter Foundation, express return of ballots was available from 94 countries for $25 or less. Even regular express rates from almost anywhere are available for less than one-tenth the cost of the unproven West Virginia system. If a military and overseas voter can get to a computer network then they should be able to express their paper ballot and absentee application, at our expense, providing a safe, anonymous, and auditable vote.

To ask Secretary of the State, Denise Merrill, to accomplish what experts have not is a tall order. Especially with no budget! As Merrill testified earlier this year, “In the future, it is conceivable that we could move in the direction of online voting. But the problem is, the technology to make sure no one can hack into an online voting system and distort the vote totals has not yet been developed. We want to make voting more convenient, but not at the expense of the security or integrity of our elections…there is no on-line voting system secure enough to protect the integrity of the vote.”

Update: Said a different way. CBC interview with Professor Andrew Appel. He emphasizes that online voting is “dangerous to democracy” on both the client and server ends. (Interview starts about 1/3 into the podcast <listen>

Testimony on eight bills, including the National Popular Vote

Today the Government Administration and Election Committee (GAE) held hearings on a variety of election related bills. We testified against seven bills and lukewarmly for one.

Since 2007, I have been the only person to testify against the National Popular Vote (NPV) Compact in Connecticut. Finally, this year I was not alone. But I remain the only Connecticut citizen to testify against the NPV Compact.

I challenge anyone to a responsible public blog debate on any and all of the issues we raised in our testimony on the National Popular Vote Compact.

Note: The General Administration and Elections Committee has taken up several election bills and concepts for this session. We are optimistic that some of the concepts will be developed and passed to provide increased election integrity.  Many of the bills taken up, often well intended, have unintended negative consequences. We are highlighting several of them to point out highlighting several of them to point out the good, the bad, and the unbelievable.

Today the Government Administration and Election Committee (GAE) held hearings on a variety of election related bills.  We testified against seven bills and lukewarmly for one.  We would like to be testifying for bills that would improve election integrity in Connecticut, but when a bill would harm election integrity we testify against it.  When a bill would be a help to voters, but has some potentially risky issues, we we will point them out. <our testimony>

Bills included two that would gut the post-election audit, one that would eliminate the secret ballot, one for Internet voting, one to help military voters that was inadequately specified, and one for the National Popular Vote Compact.  Since 2007, I have been the only person to testify against the National Popular Vote (NPV) Compact in Connecticut. Finally, this year I was not alone.  But I remain the only Connecticut citizen to testify against the NPV Compact.  As usual, many of our friends testified for the NPV Compact. Fortunately, we have the facts and logic on our side.  It is easy to advocate for something that you understand.  I will have more to say on the NPV Compact.  Here is the main testimony page.   Please also read the additional supporting material in our full testimony it was the first bill on the agenda and is the first few pages of testimony.

I oppose the National Popular Vote Compact. I understand the theoretical advantages of the national popular vote, yet there are extreme risks in its mismatch with our existing state by state voting system.

Three minutes is far too short to change anyone’s opinion. Today, my goal is to open minds to consider a more comprehensive analysis.

What often appears simple is not. The Compact would cobble the national popular vote onto a flawed system designed for the Electoral College, with no means to change that system. It would result in unanticipated, yet predictable consequences that are overlooked and glossed over by advocates for the national popular vote

There is no official national popular vote number compiled in time, such that it could be used to officially and accurately determine the winner in any close election.

Even if there were such a number, it would aggrivate the flaws in the system. The Electoral College limits the risk and the damage to a few swing states in each election. With a national popular vote, errors, voter suppression, and fraud in all states would count against the national totals.

There is no national recount available for close elections, to establish an accurate number. Only in some individual states, if close numbers happened to occur in those states, would there be even a fraction of a national recount.

For Example: The inaccuracies in Bridgeport did not change the winner here in the race for governor and would not have been enough to change the Electoral College. If it was closer we would have had a recanvass and presumably those errors corrected. However, with the Compact the errors would have counted in a national popular vote number reported by the media or any other number calculated nationwide.

With the Compact there is every reason to believe that any close election would be decided by partisian action of the Congress or the Supreme Court – the same Court that ruled in Gore v. Bush, that not having a uniform recount law in Florida was grounds to stop the recount to avoid harm to the apparent winner. Would that same Court rule differently, faced with a close national popular vote and, even less uniformity between states than existed between Florida counties in 2000? Citizens and candidates can be expected to bring court challenges of Governors and Secretaries of State for relying on and providing inaccurate results in awarding Electoral College votes. As in Gore v. Bush, since the founding, close election controversies have all been decided in seemingly partisian decisions by Congress, special commissions, or the Supreme Court.

This is not a partisan issue. It is opposed by promintent members of both major parties. Those who have publicly spoken against the Compact include former Secretary of the State Susan Bysiewicz (D), Connecticut College Political Scientist Dorothy B. James, Governor Arnold Schwarzenegger (R), and Minnesota Secretary of State and current President of the National Association of Secretaries of State Mark Ritchie (D).

I urge you to consider the risks and chaos made possible if Connecticut were to endorse the National Popular Vote Compact.

I challenge anyone to a responsible public blog debate on any and all of the issues I raised in testimony on the National Popular Vote. If you think I am wrong in any objection, let us us debate it. Right here on CTVotersCount.org. (If you wish to debate, you must use your own name and satisfy me that you are who you say you are, you must be civil, and must avoid excessive redundancy. I am open to changing my mind on my objections. If they are all refuted, I may have more, but I am open to changing my overall conclusions. Email me which item you wish to debate and I will start a post for that item and the debate will begin.)

Public hearings for 15 election related bills – Update: Our Testimony

Today we provided testimony on ten bills. We talked six times and complemented the Committee on their new format of handling bills one at a time, allowing each person who wanted to the opportunity to testify on each bill separately. It worked very well and did not take as much time as one would expect over the old format of one opportunity per person for the day. Most of the testimony today was agreement or friendly disagreement between registrars, town clerks, state officials, and advocates. In the end we expect that better laws will result.

Note: The General Administration and Elections Committee has taken up several election bills and concepts for this session. We are optimistic that some of the concepts will be developed and passed to provide increased election integrity.  Many of the bills taken up, often well intended, have unintended negative consequences. We are highlighting several of them to point out highlighting several of them to point out the good, the bad, and the unbelievable.

Update: 1/14/2011:

Today we provided testimony on ten bills.  We talked six times and complemented the Committee on their new format of handling bills one at a time, allowing each person who wanted to the opportunity to testify on each bill separately.  It worked very well and did not take as much time as one would expect over the old format of one opportunity per person for the day.  Most of the testimony today was agreement or friendly disagreement between registrars, town clerks, state officials, and advocates.  In the end we expect that better laws will result. <our testimony>

Related: Secretary of the State Merrill’s press conference CTNewsJunkiee report and CTMirror.

***********Original Post:

On Monday the General Administration and Elections Committee will hold hearings of 15 elections related bills <agenda>

Most of these bills became publicly available on the Legislature’s website on Wednesday morning and late Wednesday they appeared on the agenda for Monday’s public hearing. A lot to absorb in a few days, yet we can say at this point that there are some good, not so good, and some highly questionable proposals in these bills.

Several of the bills are consolidations and committee rewrites of other bills, specifically for no-excuse absentee voting and an associated Constitutional amendment. One focuses on “Election Integrity” dealing with some of the issues raised by ballot shortages in Bridgeport, moderator training, registrars identifying polling places to the Secretary of the State etc. Another focuses on “Post-Election Audits”, authorizing local officials to audit via “independent machine rather than a tabulator” as an alternative to the current manual count.

Many of the bills are “Technical Bills” primarily intended to make small “technical” changes to the statutes to adjust to the move from lever machines to optical scanner. By our count these bill total 256 pages of details and redundancy since many address the same existing statutes. It seems they must have been written by different groups but perhaps based on previous bills which failed to pass the legislature over the last three years.  We are in the process of reading through the bills to prepare detailed testimony for Monday, with suggestions for revisions, deletions and improvements. After reading through all the bills and discussing some portions with other advocates we can summarize a few items at this point:

It is all well and good to replace “machine” with “tabulator”, replace “registrars” with “registrars of voters”, and remove “he”s throughout, we doubt these changes will make any difference in the interpretation of the law by registrars of voters or the courts.

There are many changes that seem necessary to the conduct of elections by optical scanner that are not included. For instance, several sections do not seem to recognize that in addition to optical scanners and absentee ballots we now have polling place paper ballots, both scanned and hand counted to deal with secure and count.

The election laws, I suppose like many others, remain highly convoluted from amendments over the years and redundant. For example there are extensive, almost completely redundant, separate sections for primaries and elections.  The problem is that they often differ in critical, substantial ways that make little sense. One bill makes a positive change that would allow officials from other towns to serve in primaries as they the existing law allows for elections. Asked to serve in another town for a primary, I declined to avoid breaking the law.

Within the bills are many good changes as well as some needing improvement. For example, the bill for “Integrity of Elections” calls for registrars to file plans for ballot printing with the Secretary of the State, locations of each polling place, and the names of moderators for each polling place to the Secretary of the State in advance of the election. Our reading indicates that moderators can be rejected by the Secretary but with no specified deadline for such rejections. We have called for the Secretary of the State to have an accurate list of polling places to restore the integrity of the post-election audits.  While we applaud that change to enable an accurate list,we will also suggest a possibly more efficient method to accomplish that same goal.

But also within these 256 pages are several significant changes that may or may not be advisable. For instance, one calls for a demonstration “device” for voting in each polling place instead of a demonstration “machine” – it is hard to tell what would satisfy the requirement or if such would also be required for the IVS machines intended for voters with disabilities; our reading of another clause intended to codify the current recanvass procedures would eliminate a critical step in the process; another in our reading would significantly change the counting of cross-endorsed candidate votes – to the likely detriment of candidates and voters.

I am a strong supporter of new techniques and technologies that support independent machine auditing, but we will oppose change authorizing local officials to audit via “independent machine rather than a tabulator” as an alternative to the current manual count. While well intended, the proposed law provides no restrictions on such a machine, no requirements for the process, no standards, no guarantee the process would be anything like the successful example in Humboldt County, CA, and no budget for implementation. Voting integrity and confidence require that any independent machine audit be required to meet requirements that provide for public transparency and validation.  In other words, vendors need to dot the “i”s and cross the ‘t”s in software and hardware products, while the law must require election officials to also dot the “i”s and cross the ‘t”s in implementing such audits. Municipalities that balk at spending a few hundred dollars on an audit when they are randomly selected are hardly in a position to acquire such equipment, let alone evaluate the equipment, and develop an effective, satisfactory process.