Ray Hackett: Let citizens decide issue of early voting

Surely Connecticut’s election officials are capable of setting up a system that would provide the necessary safeguards to prevent voter fraud — just like election officials in all those other states have.

Mr. Hacket’s article is balanced, yet there are more details to consider. CTVotersCount took a position as “Conditionally Against” early voting in any form during our testimony at the Legislature earlier this year.

Ray Hackett, Norwich Bulletin weighs in on early voting <read>

Last week, there were borough elections held in the state. Turnout for those was often just as bad or worse — mostly a result of no contests on the ballots. At least in Norwich, there was a contest between two candidates.

But is poor turnout at the polls sufficient enough reason to change the rules? And would allowing voters  to vote when it’s convenient for them actually result in greater participation?
The Connecticut Town Clerks Association has expressed its opposition to the idea of early voting, claiming it hasn’t been studied sufficiently to ensure voter fraud will not run rampant. I certainly appreciate the concern about fraud, but I find that argument weak. Many states allow early voting, and pictures of thousands of voters in long lines waiting for the opportunity to cast a ballot in last year’s presidential election were seen in newspapers and on television.

Surely Connecticut’s election officials are capable of setting up a system that would provide the necessary safeguards to prevent voter fraud — just like election officials in all those other states have.

Mr. Hacket’s article is balanced, yet there are more details to consider.  CTVotersCount took a position as “Conditionally Against” early voting in any form during our testimony at the Legislature earlier this year:

Early Voting, Mail-In Voting, and Unlimited/No Excuse Absentee Voting

– Conditionally Against*: Significant numbers of absentee voters are disenfranchised in every election by rejection of their ballots – usually for good reason, but they are disenfranchised and their intentions are not realized.  These methods in general have security and secrecy challenges, invite fraud, error, and disenfranchisement.  We also note in these tough economic times that early voting can be a significant expense, especially in New England with town administered voting.

(*) When we say we are “Conditionally Against” a proposition, we mean that nobody has proposed a realistic safe way to accomplish the proposition. We remain open to the possibility that a means may be found that would pass the scrutiny of the majority of computer scientists, security experts, election officials, and voting integrity advocates.

We are not as confident as Mr. Hackett is that early voting in Connecticut could be done as easily as in other states out west.  Most states manage elections by county with full time civil service election officials — they do early voting in a few polling places in each county — Connecticut manages elections by two elected registrars, often part-time,  in each of 169 towns, making early voting much more of a challenge and potential expense.  Changing this structure to allow early voting centers would be quite a change, requiring in our opinion, a constitutional amendment of much greater scope than the one currently under consideration.

We are open to the possibility that early voting could work in Connecticut, however, we are skeptical that the state, towns, and citizens would be willing to pay for the added costs of early voting in polling places.  We will remain conditionally opposed unless and until a plan is presented which provides security accompanied by an honest cost assessment.   If the citizens are to decide, they deserve a complete plan describing how it will be accomplished and what it would cost.

We are also skeptical of no excuse absentee voting  which has questionable security, privacy, and when so many absentee ballots are discarded due to errors on the part of voters, effectively disenfranchising them.

May Elections: Random District Selection for Post Election Audit

Connecticut towns must hold municipal elections in May or November of odd years. On May 4th, elections were held and as required by law 10% of districts holding municipal elections are subject to the Post-Election Audit. CTVotersCount attended the drawing this morning, representing the public.

Analysis and Opinion: Some might question the value of such a small audit. Considering the value of elections and statistics, we disagree.

Connecticut towns must hold municipal elections in May or November of odd years.

The Secretary of the State’s pre-election Press Release:  Bysiewicz:  Polls Will Be Open Monday May 4th, 15 Connecticut Communities Holding Municipal Elections In May <read>

As required by law 10% of districts holding municipal elections  are subject  to the Post-Election Audit.  CTVotersCount attended the drawing this morning, representing the public.  Some might question the value of such a small audit.  Considering the value of elections and statistics, we disagree.  (see our analysis and opinion below)

The law:

Not earlier than the fifteenth day after any election or primary and not later than two business days before the canvass of votes by the Secretary of the State, Treasurer and Comptroller, for any federal or state election or primary, or by the town clerk for any municipal election or primary, the registrars of voters shall conduct a manual audit of the votes recorded in not less than ten per cent of the voting districts in the state, district or municipality, whichever is applicable.

However, not all these elections were “municipal elections”, several were “borough elections”.  As such, the “borough elections” do not fall under the post-election audit laws, adding another item to our list of  “loopholes” or exemptions in the law.

By the numbers:

  • 6 Municipalities had municipal elections  on May 4th
  • 13 Election districts* in the election
  • 2 10% of districts in the election that must be audited
  • 3 Municipalities had recanvasses** in at least one race, exempting districts in those municipalities from audit

The law:

If a selected voting district has an office that is subject to recanvass or an election or primary contest pursuant to the general statutes, the Secretary shall select an alternative district

The process:

The 10 districts in the three towns without districts are printed and separated.

The public has the opportunity to review the list of districts:

The eligeable districts
The eligible 13 districts

The slips of paper are folded uniformly.  The public is invited to randomly draw districts:

CTVotersCount Co-Founder, Denise Weeks selects districts
CTVotersCount Co-Founder, Denise Weeks, selects districts

The chosen districts and alternates*** are announced as they are drawn:

 

Deputy Secretary of the State, Lesley Mara, announces district
Deputy Secretary of the State, Lesley Mara, announces district

The eligible districts include eight from Naugatuck along with one each from Andover, and Woodbridge.  That would give about a 62% chance that Naugatuck would be selected for both districts to be audited:

 

Two selected districts and alternate, all from Naugatuck
Two selected districts and alternate, all from Naugatuck

What is next:

The individual municipalities (in this case just one) will be notified of their selection.

The municipal clerks in each town will randomly select three races to audit for the districts selected.  (We’d like to report on these to provide confidence that they are truly random and fair, however, they are not required to be public or noticed to the public)

The municipal registrars will determine and publicly notice a date of the local counting session which must occur between May 19th to, we understand, May 29th.  The Election Audit Coalition will observe the audit counting sessions.

Election Audit Coaltion will analyze and report the results.  Independently, The University of Connecticut is required by law to analyze and report audit results.

Analysis and Opinion:
Some might
question the value of such a small audit.  Considering value of elections and the statistics, we disagree.

We question the wisdom of not subjecting all elections, all contests, and all ballots to the possibility of being selected for audit.  In addition to the recanvassed races in this election several contests and ballots are entirely exempt from audit.  Exemptions include other races in recanvassed districts, all questions, all referendums, all ballots initially counted by hand, and all centrally scanned absentee ballots.  Exemptions open up opportunities for error and fraud to go undetected, and openings for fraudsters to know in advance what will never be audited.   Every type of election, contest and ballot should be subject to being selected for audit.  No election contest is unimportant, no ballot is exempt from changing election  results.

We also point out that the statistical implications of auditing municipal elections are different than the implications for Congressional or statewide contests.  Statistically each municipal election is independent, selection 10% of districts produces the same level of confidence in a race if the municipality is one of six in May or one of 163 in November.

Other coverage: Orient Lodge Secretary of the State’s Press Release

—————
* Districts are similar to precincts in other states

** Recanvasses are similar to recounts in other states, with perhaps less rigor.  They are done with a combination of machine and manual counting.  According to the Recount Proceedures Manual, revised last July, there is no public notice requirement.

*** Alternates are chosen in case a district is subsequently subject to an election contest prior to the audit counting session.

McCain, Obama Counsels Agree: Start With The Facts

It may be news to many readers that reforms are still needed. The media widely reported a smooth election, and in some places, those reports were accurate.

An article in RollCall by Obama and McCain campaign general counsels: Next Phase of Election Reform: Start With Facts <read>

we share a deep commitment to fair and well-run elections in which all qualified voters have the opportunity to vote, and all the votes that they cast are accurately counted.

Looking back on the 2008 elections, we have no doubt that reforms in the administration of elections in this country are needed if we are to meet these standards. We also believe such reforms can be achieved, with potentially transformative success for the American voter.

It may be news to many readers that reforms are still needed. The media widely reported a smooth election, and in some places, those reports were accurate. The problems — and there were many, scattered across the country — received comparatively little attention because the outcome of the voting was clear…

Understandably, Americans seem to care about these problems most when, and sometimes only when, elections are close. Even when these problems receive the attention that they deserve, there remains a major obstacle to rational dialogue and effective reform: the absence of reliable, comparative data on how our election system is performing.

If these debates are to move forward in the face of much partisan mistrust and reflexive disagreement, we need some factually grounded agreement on where we are now. Only then will we have some sense of what kind of solutions are likely to succeed.

We agree with the thrust of the article.  Facts are required.    Just because we had an election that produced a clear winner is no reason to be complacent.  We would add that post-election audits are an important piece of the facts that are needed.  All states need paper ballots followed by sufficient and reliable post-election audits, producing facts, that lead to actions, that result in confidence in our election process, including a system where any problems will be surfaced and addressed.

Diebold: Revenue way down. $25,000,000 settlement proposed

Results included a $25 million charge for a deal Diebold reached with the Securities and Exchange Commission to settle civil charges related to a pending enforcement inquiry. The proposed settlement still needs final SEC approval.

The New York Times reports the story <read>

Results included a $25 million charge for a deal Diebold reached with the Securities and Exchange Commission to settle civil charges related to a pending enforcement inquiry. The proposed settlement still needs final SEC approval.

Diebold spun off its election system business after a failed attempt to sell it.  The settlement is related to accounting tricks presumably intended to puff up voting system results to produce a sale.

Town Clerks Oppose Unlimited Absentee Balloting

Town clerks statewide are opposing bills seeking a constitutional change to allow early voting in Connecticut because they fear the proposals lack sufficient safeguards to deter election fraud.

Hartford Courant story: Connecticut Town Clerks Concerned About Proposals To Expand Absentee Balloting <read>

Town clerks statewide are opposing bills seeking a constitutional change to allow early voting in Connecticut because they fear the proposals lack sufficient safeguards to deter election fraud.

“We’re not against the concept of having more people vote. But we’re concerned about the loss of accountability in any law allowing anyone to use absentee ballots for any reason,” said Joseph Camposea, Manchester town clerk and president of the Connecticut Town Clerks Association. “There’s no reason to rush into this.”…

The expansion is supported by Secretary of the State Susan Bysiewicz, who said she believes that it will allow more people to vote.

“This is an opportunity to expand participation in our electoral process,” she said. “The impetus came during the presidential election, when people saw early voting that was allowed in some states. Thousands of people cast ballots prior to Election Day in those states.”

We understand the attraction of unlimited absentee voting, yet the attraction is accompanied by risks that votes will not be counted.   We we have several concerns beyond the potential for voter fraud expressed by town clerks.  One risk is of votes being lost or fradulently destroyed between the time the voter places the votes in the mail and they are delivered to the counting officials. Ballots pass through the U.S. Mail and then through receipt, storage, and delivery in town hall.  Not a potential, but a real problem, is the significant percentage of absentee ballots disqualified through  innocent mistakes made by voters.  <Example:  Minnesota Senate Race>

It Pays To Complain – Election Officials Complain, Diebold Makes Public Pay

Humboldt County, CA found problems with the Dieblod GEMS system which it intended to replace, while it intended to continue to use its Diebold voter registration system.  Now it is left with 90 days to find another solution as Dieblod executes its option to terminate its support of the county.   Hard to interpret this as anyting but retribution and intimidation of the other juristictions, Brad Blog has the story <read>

As if you complained to GM that your fully paid for Humvee was a lemon and they said they would reposses it and your GTO next week.

It is interesting that the letter concerning the voter registration system, known as DIMS — in which no problems were either discovered or reported — is dated March 17, the day before the GEMS letter. The county’s DIMS voter registration database system is entirely separate from the GEMS vote counting system, and the county had hoped to continue using it. In fact, the county IT department was in the middle of performing a software upgrade to the DIMS system when the letters were received…

Back on April 6, Premier’s unfortunately-named spokesman Chris Riggall commented on the contract terminations to the Times-Standard: “We just believed it prudent to kind of make a, well, to essentially provide a clean break, or a fresh start, for however the county would like to proceed going forward. We thought it would provide the county an opportunity to make a fresh start.”

Another cautionary tale of they type of company we trust with our democracy and the dangers of dependence on vendors who supply proprietary technology.

John Gideon, 1947-2009

Voting integrity has lost a great friend, John Gideon. John had a huge impact and leaves us all with a large gap to fill.

I share the deep sense of sadness of everyone in the voting integrity community at the untimely loss of this giant of a man – Rep Rush Holt

Update 05/07/2009: TalkNationRadio Clips of John Gideon and Interviews his collaborators

Update 05/07/2009:  TalkNationRadio Clips of John Gideon and Interviews his collaborators <read/listen>

******************

Voting integrity has lost a great friend, John Gideon.  John had a huge impact and leaves us all with a large gap to fill.

John was the co-founder of VotersUnite.org and the producer of the Daily Voting News.  John scanned the news daily to provide us all with news from all corners of the Nation and Globe.  We found many of the stories relevant  to Connecticut at the Daily Voting News.  They frequently became the basis of some of our posts.  We benefited from his insight and correspondence.  John also kindly ran many of our posts.  I  met John twice and we corresponded frequently.  I last saw him three weeks ago when he served as a local host of a conference in Seattle, as always, warm, friendly, and full of life, a friend to everyone.

Photos and more from about John from <Brad Friedman>johngideon_inmemoriam

Update: Statement By NJ Rep Rush Holt <read>

I share the deep sense of sadness of everyone in the voting integrity community at the untimely loss of this giant of a man whom we all relied on for the most up-to-date information on issues related to electronic voting security through his Daily Voting News and the endless research and reports on the VotersUnite.org website. My thoughts and prayers are with his family and friends. He will be missed greatly. whom we all relied on for the most up-to-date information on issues related to electronic voting security through his Daily Voting News and the endless research and reports on the VotersUnite.org website. My thoughts and prayers are with his family and friends. He will be missed greatly.

Update: A collection of tributes to John Gideon <read>

NYT: Gov. Siegleman overdue for same as Sen. Stevens

Mr. Siegelman was convicted in 2006 on dubious corruption charges. He spent nine months in prison before being released on appeal, and he faces years more behind bars. He has long insisted that the case against him was politically motivated and that prosecutors engaged in an array of professional and ethical violations

Update 10/15:   Obama Justice Department Hangs Siegelman Whistleblower Out to Dry <read>

It’s hard to imagine a more clearcut case of unlawful retaliation. But the Obama Justice Department now is trying to ensure that Grimes does not receive unemployment benefits, and she has been denied health-care insurance–and she has a special-needs child!

Update 09/16: Siegelman Prosecutors Received Extensive Perks From Their “Recused” Boss <read>

Update 06/11:  Lawyer articulates flawed prosecution: Memo to Holder: Siegelman Prosecution Was Riddled With Misconduct <read>

Update 05/24: Siegelman’s First Trial Judge Blasts U.S. Prosecutors, Seeks Probe of ‘Unfounded’ Charges <read>

Update 05/14:  It gets worse, where is our Constitutional Law Professor Obama on this? <Brad Friedman>

Incredibly, the Bush-appointed prosecutors in the Siegelman case (who are, inexplicably, still on the job!) have now requested an even longer sentence for the former Democratic Gov. of Alabama who was railroaded as part of a Rove-led political prosecution.

Sign the letter to Attorney General Holder <read and sign>

************
We have talked about Gov. Don Siegleman’s stolen election and subsequent political inprisonment before.  As a New York Times Editorial points out its high time justice was done.  Justice would start with his exoneration and the investigation of the actual potential criminals in Alabam and the Justice Department <read>

Attorney General Eric Holder’s recent decision to drop all of the charges against Ted Stevens, the former Republican senator from Alaska, because of prosecutorial misconduct raises an important question: What about Don Siegelman? A bipartisan group of 75 former state attorneys general has written to Mr. Holder asking him to take a fresh look at the former Alabama governor’s case. He should do so right away.

Mr. Siegelman was convicted in 2006 on dubious corruption charges. He spent nine months in prison before being released on appeal, and he faces years more behind bars. He has long insisted that the case against him was politically motivated and that prosecutors engaged in an array of professional and ethical violations…

In the case of Mr. Stevens, who was convicted of felony charges for failing to disclose gifts and services, Mr. Holder was so troubled by the way the prosecution was carried out that he decided to drop the case entirely.

According to the Siegelman camp, at least three of the same officials who have been accused of prosecutorial misconduct in the Stevens case were involved in Mr. Siegelman’s prosecution. If true, this alone would seem to justify a thorough investigation of the case.

What Did The November 2008 Post-Election Audit Cost?

How much did our November audit cost? Election officials and towns complain about the cost of the audits and that they threaten town budgets.

No matter what your politics, you can find many many votes in Hartford, Washington, or your town that you disagree with, costing one way or another more than the cost of an audit. What is the value of confidence that all those officials were elected without error or fraud?

After the November 2008 election, Secretary Bysiewicz ordered the post-election audit of all five races in the election which added about 40% to the votes required to be counted by law.  We appreciate this as the law only called for the audit of a randomly selected three races and does not exempt uncontested races.  As we pointed out at the time, using statistical methods we could have done much better auditing all races and the two questions counting the original number of votes <read>

But how much did our November audit cost?  Election officials and towns complain about the cost of the audits and that they threaten town budgets.

We have two sets of information provided very responsively  from the Secretary of the State’s office.  The reimbursement requests from towns from the November 2008 election as of February 12 <read> and for the November 2007 election as of yesterday. <read>

We analyzed the November 2008 data, comparing the costs for the towns with the number of ballots and votes counted <read>

Preliminary conclusions.

Some towns don’t actually seem all that concerned with the costs:

  • In November 2008 47 towns requested reimbursement from the State 9 selected for the audit did not (we use 46 for our calculations as we were not able to classify one town)
  • In November 2007 13 towns requested reimbursement  27 did not.

The costs of auditing vary widely between in November 2008  towns:

  • Cost per ballot counted range from $0.09 to $1.88
  • Cost per vote counted range from $0.02 to $0.38|We have a hard time believing the lower costs reported and the higher costs.

Costs on average and in total for Municipalities:

  • The most reasonable number to use for November is the median cost of $0.48 per ballot
  • If all towns had requested reimbursement at the median cost per ballot, the total cost of the audit in November 2008 would have been: $72,103
  • Since we audit 10% of the districts we audit approximat3ely 10% of the ballots cast so the cost per voter is 1/10th of the cost per ballot actually counted, or about $0.05 per voter.

Total costs of the Audit:

The estimate of $72,103 does not include all the costs to the State for the audit, just the Municipalities.  Some of the additional costs, primarily for the Secretary of the State’s Office are:

What would we do for an audit? And how much would that cost?

CTVotersCount proposed a revision to the audit law in this session of the General Assembly, it was died in committee. <read>.  It would audit ALL statewide and congressional races and ALL questions on the ballot based on statistical principles and eliminate several loopholes in the law.

  • It would audit only three races per district except under exceptional circumstances, consistent with the current law, or 40% less than the November 2008 audit, or $72,103 * .6 = $43,262
  • Eliminating the loopholes would add less than 10%, or $43,262 * 1.1 = $47, 588 or about $0.03 per vote.

But, based on our observations the current methods of counting provide insufficient transparency, accuracy, and confidence.  So we would adjust these costs:

  • Most towns use two person counting teams, we would use three or four person teams so the cost of a single count might as much as double.
  • Counting more accurately would reduce the need for counting multiple times and the costs for unnecessary investigations.
  • Costs might go up anywhere from 25% to 90%
  • As an estimate we would increase costs to the municipalities by 50%,  or about:

So it might be about $72,000 or $0.045 per vote for a sufficient audit. To put that in context:

  • Cost of paper ballot $0.35 per voter
  • Stamp for letter to your representative requesting single payer heath care, $0.42
  • One teabag and a postage stamp $0.60
  • Cost of a standalone race to replace a Senate vacancy $6,000,000 not including audit costs or campaign costs.
  • Cost of clean elections for a single State Senate candidate in on district, $85,000.
  • Cost of just one highly contested Senate race, tens of millions,
  • Cost of a wrong vote in congress, billions of dollars, and thousands of lives.

No matter what your politics, y0u can find many many votes in Hartford, Washington, or your town that you disagree with, costing one way or another more than the cost of an audit.  What is the value of confidence that all those officials were elected without error or fraud?  We say priceless, certainly worth  much much more than $72,000 for last November’s election.

Is it worth $0.05 per voter or $0.03 per voter for integrity and confidence?  We think so.

Act Now! – Oppose H.B. 5903 – Protect Soldiers’ Votes

The Government Administration and Elections Committee (GAE) has passed a bill that will threaten the security and privacy of military absentee votes, H.B. 5903. And it could be expensive!

It sounds good but, in addition to CTVotersCount, it is opposed by computer scientists, TrueVoteCT members, and Secretary of the State Susan Bysiewicz.

The Government Administration and Elections Committee (GAE) has passed a bill that will threaten the security and privacy of military absentee votes, H.B. 5903

And it could be expensive!

It sounds good but, in addition to CTVotersCount, it is opposed by computer scientists, TrueVoteCT members, and Secretary of the State Susan Bysiewicz.

NOW is a critical time. The bill will soon be before the full CT House and Senate.

Call or email your State Senator and Representative NOW. Tell them you want to preserve the security and privacy of military votes.

Find your CT Senator and Representative: http://www.cga.ct.gov/maps/Townlist.asp

From the testimony of Susan Bysiewicz,Secretary of the State

This bill serves a noble purpose…After repeated attempts to initiate a secure online voting system, members of the original DOD peer review panel found a number of security risks. Further, I their June 2007 elections report, the United States Government Accountability Office stated that the federal government has not yet developed sufficient absentee voting guidelines for this kind of use.

Until an internet system is designed to safeguard against security risks, I have proposed extending the timeframe by which military personnel can obtain a blank ballot from 90 days before the election to the first business [sic] of the calendar year of the election. In addition, I propose that Connecticut allow the electronic transmission of absentee ballot applications and blank ballots. These simple steps would greatly extend voting opportunities for members of the Armed Forces without posing additional security risks.

Here is the bill: <read>

What are the problems with H.B. 5903?

  • It will threaten the privacy and security of soldiers’ votes.
  • Any threat to the private vote threatens everyone’s votes and Democracy.
  • It may be costly, perhaps several million $ in start-up costs and $500 per vote cast.

There has been a strong coordinated move to pass such bills in many legislatures across the country. So far few states have been taken in. However, in Connecticut this bill passed the Government Elections and Administration Committee without discussion, unanimously. We assume, because it sounds good and has the claim of helping our military.

Even though the Office of Fiscal Analysis says it will have no costs to the State or municipalities, it is hard to believe that the Secretary of the State could create regulations to accomplishes this without a great deal of expensive research and implementation costs, when computer scientists are skeptical that it is possible and believe it is risky to military voters and the rest of us as well. Vendors are proposing accomplishing this in other states at great costs such as $4,000,000 start-tup costs and $100,000 per county annually.

Connecticut has a problem with facilitating overseas military voting, however, Minnesota has already solved the same problems we have without resorting to the unnecessary risks and costs of this bill. In fact, the improvements in Minnesota have been cited by a veterans group: <read>

Here is the Technologists’ Statement On Internet Voting: <read>