Candidates Qualify For Public Financing For Primary

With a couple of close calls near the deadline, it seems that all the statewide office candidates that wanted to participate in the program have met fundraising criteria.

CTNewsJunkie story <read>

With a couple of close calls near the deadline, it seems that all the statewide office candidates that wanted to participate in the program have met fundraising criteria.  Several candidates are not planning on participating either because they do not believe in the program or want to be able to raise and spend higher amounts.  Others have claimed the qualifying bar may be a little too high for the statewide offices.  So far, it seems that every statewide candidate who put in the effort managed to qualify.  Others may have dropped out because they felt they were not likely to qualify or felt the work involved might not be worth it if they were to loose the election in the end.

Two Courts Rule For And Against Citizens Election Program

Disagreeing with the lower court on leveling the playing field for 3rd party candidates. Lifting the ban on lobbyist contributions, while leaving the ban in place for state contractors and apparently also ruled against providing supplemental grants to candidates faced with high spending opponents.

Many people believed that the U.S. 2nd Court of Appeals would leave Connecticut’s campaign finance law alone until after the November elections, but they ruled to today, just as candidates are qualifying before the Primary deadline.

Disagreeing with the lower court on leveling the playing field for 3rd party candidates.  Lifting the ban on lobbyist contributions, while leaving the ban in place for state contractors and apparently also ruled against providing supplemental grants to candidates faced with high spending opponents.

Its a mixed bag, disappointing in my view.  We would like to see the playing field leveled, lobbyist contributions at least limited, and the supplemental grants provided.  It makes no sense that giving supplemental grants to one candidate limits the free speech of an opponent, or that erecting higher standards for third party candidates serves a vibrant democracy.

Meanwhile, also today, the Superior Court ruled in favor of the State Election Enforcement Commissions interpretation of the law, allowing for the combining of contributions from Governor and Lieutenant Governor.

New Haven Independent <story>

Hartford Courant <blog>

AP <story>

Some good news in the New Haven Independent Article:

[State Sen. Andrew McDonald], noted that the Second Circuit ruling doesn’t immediately take effect. The panel returned the case to a lower court judge who originally decided it, Stefan Underhill, for review. That can take weeks or months. And the gubernatorial campaigns were not parties to the federal suit.

In addition, the State Elections Enforcement Commission, which administers the law, intends to ask the the Second Circuit Court of Appeals to review Tuesday’s decision en banc (before all 25 judges); and barring a victory there, to appeal the decision to the U.S. Supreme Court.

Attorney General Richard Blumenthal advised candidates to proceed under the current law’s rules for now.

Internet Voting Called Unfair, Not Observable, and Not Transparent

“Voting methods that utilize web-based technologies and telephone-based balloting do not allow the necessary levels of observability and transparency that exist within the current election process.”

While states prepare to risk military and overseas votes on Internet, email and FAX, the National Association of Manufacturers calls it unsafe for union elections.  Their concern is union members being intimidated in remote, unobserved locations. They are  correct.  Intimidation or the selling of votes is just one of the risks of Internet voting.  <read>

Recently the National Labor Relations Board (NLRB) published a request for information regarding industry solutions for procuring and implementing “secure electronic voting services for both remote and on-site elections.” The National Association of Manufacturers (NAM) is concerned with the Board’s intention to pursue the use of electronic systems to allow union representation elections to take place off-site and outside the supervision of the NLRB. The NAM firmly believes the current practice of NLRB-supervised elections that take place on employees’ worksites protects the integrity of the union election process and safeguards employees from intimidation and coercion from third parties…

Voting methods that utilize web-based technologies and telephone-based balloting do not allow the necessary levels of observability and transparency that exist within the current election process. Currently, union organizers are entitled to receive employees’ personal contact information from employers for the purposes of union organizing efforts. Introducingmethods of remote-access elections combined with this access to information exposes workers
to potential unwanted intimidation and harassment…

Such changes to the election process would be a drastic deviation from current practice
and run counter to the principles of fairness and balance inherent in our labor laws. We strongly
urge the Board to maintain the integrity of the current NLRB-supervised union representation
process and refrain from introducing new technologies that remove the necessary protections
currently afforded to employees.

What Do YOU [still] Want?

You are committed to the proposition that Democracy survive and flourish. We have serious work to do. It can happen in Connecticut. Voting Integrity, like the Constitution, can start here in the Constitution State and spread to the Nation. “Anything worth doing is worth failing at, and failing at, and failing at…until you succeed”

Looking on the right hand column of CTVotersCount we feature “This Week Past Years”.  This week in 2008 there was a panel in Fairfield. I opened with remarks on “What Do You Want”. I said voters want five things and what Connecticut could do about them in the short run (three steps over two years).  The two years have passed and little has changed:

My topic for the next few minutes is simple. It is: “What Do You Want”.

Let us begin with a quote from Colorado’s Secretary of State, Mike Coffman whose words inspired this talk and a quote from our own Secretary of the State, Susan Bysiewicz.

Secretary Bysiewicz sent a letter in March to voters like you, who signed our petition last year. She said, in part: “We still have a lot of work to do and we need concerned citizens like you to stay involved…I share your belief that we should make our audit law the strongest in the nation and that its size and scope is adequate to achieve its goals…”

In June, Colorado’s Mike Coffman gave his view, of activists like CTVotersCount, “I think they have a fundamental belief that anything electronic, as it relates to voting, is evil and undermines our political system,”…”They believe in a world of conspiracy theories and are highly motivated. No matter what I do, so long as it leaves some form of electronic voting intact, it will be wrong by their standards.”

I agree with both of them. With Secretary Bysiewicz that we still “have a lot of work to do”; With Secretary Coffman, that voting advocates are “highly motivated”.

However, I do not believe that “anything electronic” is “evil” nor do I have a goal of eliminating “anything electronic” from voting.

So, What Should You Want?

Most fundamentally, five things:

  • That the ballot is secret, votes cannot be bought, coerced, added, lost, or modified
  • That your vote is counted, counted accurately, and counted exactly once
  • That everyone’s vote is counted accurately and reflected in the election results
  • That everyone has confidence that everyone’s vote is counted accurately
  • That, failing any of the above, appropriate corrective action will be taken

You deserve no more and no less. Democracy requires no less. Do you want anything less? Do you believe democracy can exist and flourish with less?

I’m open to any solution that will ensure Democracy. Whatever we can implement that ensures Democracy and is most efficient for officials and most convenient for the voters, I will support it.

So, Where Do We Go From Here?

We do not have a blank slate. We have just spent millions of dollars on purchasing the most cost effective, most voter verifiable, and auditable type of electronic voting system available, that meet Federally mandated requirements.

I could talk of the long term, realistically six to ten years off. But Democracy cannot wait. There are real risks now. There are actions we can take over the next two years to ensure Democracy in Connecticut – to lead the way for the Nation. Yes, I said two years, if we start now, taking decisive action, with the equipment we have.

The Short List

Let me finish with the short list of what we need to do now, over the next two years. The three items I think of when Secretary Bysiewicz says “We still have a lot of work to do”:

First, an element of prevention. Each of our elections is programmed in Massachusetts by contractors; Contractors over which we have little, if any, oversight. UConn has developed an outstanding program to independently test the memory cards to detect many potential errors or fraud. 100% of our memory cards need to be tested independently in Connecticut with that program; before the cards are shipped to election officials; before the cards are used in any election.

Second, an element of detection and confidence: We need strong post-election audits to detect errors and fraud. Our current audits are insufficient, unreliable and ineffective. Our audits should be based on the current science of election auditing and recognized post-election audit principles.

Third, a solid chain-of-custody to make credible elections and audits possible. We need to protect and account for ballots before, during, and after the election. Ballots, memory cards, and optical scanners must be protected from illegal modification or covert access whenever they could be compromised.

Would you trust chain-of-custody standards less than those we require for evidence in criminal cases?

In Summary

You are committed to the proposition that Democracy survive and flourish. We have serious work to do. It can happen in Connecticut. Voting Integrity, like the Constitution, can start here in the Constitution State and spread to the Nation.

CTVotersCount is dedicated to pursuing  “What You Want”.  As a recent teacher said “Anything worth doing is worth failing at, and failing at, and failing at…until you succeed”

New York: Leveling the playing field for mail-in voting?

We suggest that anyone concerned with the disenfranchisement from New York’s ill programmed voting machines should also be concerned and warn the public of the even greater risks they take when they mail in their votes.

There has been quite a stir in New York about the setup of their new optical scan voting systems.  It may disenfranchise voters by not adequately warning them about overvotes.  Here is one story from DNA Manhattan Local news: New Voting Machines Spur Concerns About Confusion and Fraud <read>

Questions about the confusing nature of New York’s new voting machines are at the heart of a lawsuit filed Monday.

The Brennan Center for Justice at New York University Law School, which filed the lawsuit about the new machines, says the new machines could confuse voters and thousands of ballots could be thrown out as a result.

That’s where the green button issue comes in. If a voter accidentally “over-votes” — meaning to mark more than one candidate for a particular office — the new machines give voters the option to press green to cast their vote, or red to get their ballot back.

However, the machine doesn’t explain that over-votes aren’t counted, so if you press green, your vote will be tossed, Brennan Center lawyers say.

They say the confusing choices could be fixed easily if the voting machines were reprogrammed.

In the meantime, voting rights advocates are educating people to go against their natural inclination and choose red if they over-vote, said Susan Lerner, executive director of Common Cause New York, which co-hosted Monday’s demonstration of the new machines with Westsiders for Public Participation.

We fully agree with the concerns raised, yet we point out that every form or mail-in voting including absentee voting, and no-excuse absentee voting has the same problem only worse.  With mail-in voting the voter has no green button, no red button, no notice, no chance whatsoever to be warned of overvoting – just one of the ways that mail-in voters are unknowingly disenfranchised.

We suggest that anyone concerned with the disenfranchisement from New York’s ill programmed voting machines should also be concerned and warn the public of the even greater risks they take when they mail in their votes.

Update: 08/22/2010 New York Times weighs in on scanners and overvotes <read>

Unsafe at any cost – Internet voting

High tech solutions to military and overseas voting seem like the equivalent of a star wars sledgehammer to hit a small nail.

Update: Rescorla adds a post explaining why pilots are of questionable value <read>

As I mentioned earlier, the DC BOEE Internet ballot return project is just the latest in a series of pilots and attempted Internet voting pilots. Superficially, this sounds like a good idea: there’s debate about whether Internet voting is a good idea, so let’s only natural that we’d try it out and see how it works. Unfortunately, this isn’t likely to tell us anything very useful; while we have extremely strong theoretical reasons for believing that Internet voting is insecure, those reasons don’t indicate that every single election is going to fail.

********

Based on the MOVE Act, many states and jurisdictions are experimenting with various forms of email, fax, and Internet voting. Washington, D.C. for example is setting up a pilot program.  Eric Rescorla comments on the D.C. pilot at Educated Guesswork <read>

UOCAVA voters are often in remote locations with poor mail access, so traditional Vote By Mail doesn’t work very well, making it an apparently attractive use case for technological fixes. That’s why there have been (at least) two previous efforts to apply Internet voting technology to UOCAVA voters…

Rescorla covers various attacks: Attacks on the Server, Software Attacks on the End-User Client, and Attacks on the End-User. He concludes:

As far as I can tell, a system of this type offers significantly worse security properties than in-person voting (whether opscan or DRE), since it has all the security flaws of both plus a much larger attack surface area. [Note that the intermediate opscan step offers only marginal security benefit because it’s based on electronic records which are untrustworthy.] It also offers inferior security properties to traditional vote by mail. The primary benefit is reducing voter latency, but clearly that comes at substantial risk.

We would add than most technical solutions assume that service members who have poor mail service would have internet service along with access to equipment like printers, scanners and faxes.

Some “solutions” provide a higher level of security using kiosks, eliminating the risks of end-user equipment – imagine the cost and challenges in purchasing, installing, maintaining and securing kiosks around the world in ways that would make them more convenient than express mail.  To paraphrase a statement that has been in the news lately: High tech solutions to  military and overseas voting seem like the equivalent of a star wars sledgehammer to hit a small nail.

Merrill, Garcia discuss contributions, increasing participation, and DeRosa’s exclusion from debate

New Haven Independent: Merrill At Public $$ Threshold; Garcia “Halfway” <read> “I thought I should come down and reach out,” Merrill said during an interview at Bru Cafe. Garcia is running to become the first Latino ever elected to statewide office in Connecticut. His campaign promises to dramatically increase the number of registered voters, including … Continue reading “Merrill, Garcia discuss contributions, increasing participation, and DeRosa’s exclusion from debate”

New Haven Independent: Merrill At Public $$ Threshold; Garcia “Halfway” <read>

“I thought I should come down and reach out,” Merrill said during an interview at Bru Cafe.

Garcia is running to become the first Latino ever elected to statewide office in Connecticut. His campaign promises to dramatically increase the number of registered voters, including the pitch that his background would help him reach out to the state’s fast-growing Latino community. He has vowed to raise the percentage of people voting in presidential years from 80 to 90 percent, and in even-numbered off-years from 60 to 80 percent. He has endorsed the idea of same-day registration and of allowing people to cast votes over a period of weeks, rather than just on Election Day.

In the interview, Merrill, too, endorsed early-voting. She too vowed to boost registration numbers. While she’s open to same-day registration, she said she wants to make sure Connecticut upgrades its computerized voting rolls first so officials can handle it…

She also emphasized that boosting Latino registration numbers is part of a larger imperative: boosting the broader notion of citizenship.

“It’s much more complicated than just going out to get people to vote,” she said. “We need an entire dedication to citizen engagement. That’s why I’m running for secretary of the state.”

She said she wants to combat the “prevalent” notion that “government doesn’t matter.” She spoke of boosting high-school civics education and proposing a mandatory statewide standardized civics test similar to those administered for math and English. She previously sponsored a bill that made high school civics classes mandatory.

The candidates had more to say on these issues in the recently released Courant Editorial Board interviews, so did we.

…at a campaign debate earlier two weeks ago in Hartford. The sponsors invited Merrill and Garcia. They invite the Republican candidate for secretary of the state, Jerry Farrell. They didn’t invited the Green Party candidate, Mike DeRosa even though he has a spot on the November ballot. DeRose showed up. He asked to participate. The debate organizers said no. They said the debate was just for candidates running in primaries—however, Farrell doesn’t have a primary.

Merrill agreed that DeRosa should have been included. “I think it should have been one way or the other,” she said—either candidates involved in a primary, or all candidates running.

So why did she participate anyway?

“Well, it wasn’t my debate. They set it up. I was in a primary. I wasn’t going to be not part of the discussion because they didn’t set it up properly.”

Garcia said he had “never heard of” candidate DeRosa before the debate.

See: <Our coverage of the Hartford forum>

Merrill At Public $$ Threshold; Garcia “Halfway”Merrill At Public $$ Threshold; Garcia “Halfway”

Bysiewicz criticized for lackluster voter participation efforts

“With so many candidates and campaigns coming to a head in August, one would think the chief elections officer, Secretary of the State Susan Bysiewicz, must be busy educating registered voters…Bysiewicz is apparently visiting newspapers asking them to get out the word about this. Her office needs to do much more than that.”

The Day: <read>

With so many candidates and campaigns coming to a head in August, one would think the chief elections officer, Secretary of the State Susan Bysiewicz, must be busy educating registered voters. (Bysiewicz was a candidate herself for not one but two offices this election cycle, until the state Supreme Court declared her ineligible to run for attorney general, an office she sought after initially declaring a run for governor.)
Here’s what the secretary of the state’s website has to say: “Our vision is to be the leader in providing prompt quality service, increasing access to information, and promoting participation in the democratic process.”
Perhaps Bysiewicz needs to have her vision checked. There are virtually no public service announcements, nothing prominent on her website and it appears not even a directive to registrars of voters across the state to disseminate information on what the 837,240 unaffiliated registered voters need to do to participate in the democratic process.

The Aug. 10 primary is open only to registered Democrats and Republicans. Anyone who is unsure whether they are registered with a party should call their local registrar of voter’s office and confirm their status…

Bysiewicz is apparently visiting newspapers asking them to get out the word about this. Her office needs to do much more than that.

*********
Update 7/13/2010 Bysiewicz Responds to Criticism <read>

The Secretary of the State has responded with a flurry of get out the vote activities along with responding to the criticism that she was overlooking third parties in encouraging voters to register in one of the major parties for the primary.

Hartford Courant Editoral Board interviews SOTS primary candidates

We applaud the Courant for conducting and making these interviews public. We note a strong emphasis on the elections role of the Secretary of the State (SOTS) – too often we have seen an emphasis by candidates on the business registration aspects of the job. The strong concerns of the Editorial Board seem to be saving money in election administration and increasing turnout. We note however, a shortage of questions and concern on voting integrity, ballot access, serving those with disabilities, and the education of election officials.

Gerry Garcia <listen>

Denise Merrill <listen>

The Courant brought up several  items of consolidation and downsizing.  “Reginal voting centers without voting precincts in every town”; consolidating the SEEC and the SOTS office, possibly eliminating the SEEC; and having more than one registrar in each municipality:

  • There are compelling reasons why we could save money by rationalizing election management just like the Probate Courts, done well we could also improve voter service and increase confidence in integrity – we would support evaluating various alternatives to the New England system of town by town election management.  But the Courant would go farther and eliminate local polling places with “Reginal voting centers without voting precincts in every town” – that would be a very bad idea making it more difficult and confusing, not easier for voters, especially those with mobility difficulties, those without cars, and those without access to public transit. The states who use regional voting centers, use them for early voting, preserving local polling places for election day – that provides more voter service at increased cost and with additional integrity and enfranchisement considerations. (This issue deserves much more than one paragraph, perhaps we will tackle that more extensively in the future at CTVotersCount)
  • The Courant is also a proponent of a single registrar in each town. We do not understand their faith in a single partisan elected official to manage elections, presumably registrars vary in integrity just like Connecticut Mayors and Governors.  As we have said before, it is not written in stone tablets that Hartford registrars must be full time and each have a deputy. There could be three part time registrars when a third is elected.  I also note a strong bias against the “third”-party registrar in Hartford, when she actually was the “second”-party selection of the voters of Hartford.
  • The Courant and the candidates are considering consolidating some or all of the functions of the State Elections Enforcement Commission (SEEC) into the Secretary of the State’s (SOTS) Office.  We see no reason why some functions like registering candidate committees and administering the Citizens Election Program could not be managed by either office. Yet we are not so sure there are significant savings possible as these functions require significant resources and unique detailed expertise, no matter where they are located. We do not support including the enforcement function within the SOTS office, we need independent enforcement.  We would go further and transfer the responsibility for auditing elections to an office independent of the Secretary of the State (perhaps the SEEC) – as recommended by the Connecticut Citizen Election Audit Coalition, and every good government group we know, including Common Cause, The League Of Women Voters, Verified Voting, and The Brennan Center for Justice.

Candidate Garcia is in favor of large scale mail voting, which we oppose:

  • CTVotersCount readers know that we are opposed to large scale mail balloting, including unlimited absentee voting. A significant number voters are disenfranchised by ABs when envelopes are not filled out correctly etc. Also voters lose the capability of having the scanner reject overvotes so that they can vote again. This risk disproportionately impacts new voters, less educated, and non-English speaking voters.There is a risk of fraud and intimidation in voting.  The trail from mail box to post-office, to contract trucks, to the town hall mail room, to the clerk’s office. They know who you are, where you live, your ethnicity – ballots can be “lost” that are likely to vote a certain way. In the last election 12,500 of voters in CA were disenfranchised because the post office delivered ballots too late. Oregon may check the signatures, however, the last we heard very few were ever rejected as not matching.  It could be the reverse, with many signatures rejected as  not matching which would also be suspect, especially if many were rejected in some areas and few in others – if many were rejected in disadvantaged areas, some would charge official fraud, others retail/candidate fraud, and others racism.

Candidate Merrill is in favor of early voting like she says they have  in Florida, “in every public library”, we are skeptical:

  • To vote in every public library for seven days before an election and maintain integrity would be hugely expensive. Assuming each of our 169 towns has at least one public library (or would need at least one polling place) and would need about half the staffing(*) of an average election day polling place.  This would be 169 towns * 7 days * 1/2 costs = 600 regular polling place costs.  This would be in the range of doubling the current election day costs for municipal elections/primaries and increasing the costs of Federal elections/primaries by 70%.
  • Our understanding is that early voting in Florida started in 2002 and is not voting “in every library” , it is voting in a few voting centers in each county(**).  An increase in costs, but not as significant as it could be if voting were in every library. A moderate number of voter centers  might be worth it in Connecticut, if we were willing to pay for it. It would seem to require a prerequisite change away from local control/management of elections.

We are in favor of election day registration, based on long successful experience in other states, even without online access in each polling place. However, Candidate Merrill makes a good case for fixing the voter registration system as a prerequisite.

We applaud the Courant for conducting and making these interviews public.  We note a strong emphasis on the elections role of the Secretary of the State – too often we have seen an emphasis by candidates on the business registration aspects of the job.  The strong concerns of the Editorial Board seem to be saving money in election administration and increasing turnout. We note however, a shortage of questions and concern on voting integrity, ballot access(***),  serving those with disabilities, and the education of election officials.

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(*) We assume a polling place in each library would have with less volume and less hours.  To maintain integrity and voter service, would still require, in our opinion,  at least two assistant registrars from opposing parties, a ballot clerk, a machine tender and a relief worker – and this assumes we can use these officials to also perform the duties of checkers and trainer/greeter, while one of the officials serves as moderator and is a certified moderator – this is also approximate considering the need for extra security each night, staffing in the registrars office for the normal stream of questions from the polling place, and the need for a machine to serve those with disabilities.

(**)  Research online indicates that Broward County had 17 early voting centers in November 2008, with most but not all in libraries, and by our count, 39 library branches.

American Political Association Report, excerpts:

In response to the chaos of the 2000 general election, Florida adopted legislation aimed at ridding the election system of its problems.In response to the chaos of the 2000 general election, Florida adopted legislation aimed at ridding the election system of its problems…Beginning in 2002, county elections supervisors could choose to offer early voting, but it was not uniformly required or implemented across the state until 2004…One oft-cited problem was the number of sites available to voters. Generally, too few machines led to long lines and extended waits. More specifically, however, there was heavy criticism from many interest groups and minority communities about the lack of early voting sites in areas where black, Latino, and low-income residents could vote. When William E. Scheu replaced John Stafford as Duval County election supervisor, he quickly added sites at four regional libraries.

(***) By ballot access, we mean changes like: Non-partisan ballots used in almost all states except Connecticut and New York;  Review of third party requirements for ballot access and participation in the Citizens Election Program;

Connecticut makes a good MOVE

Along with Secretary Bysiewicz, we applaud the Legislature’s prudent choice to avoid risky Internet, fax, and email voting schemes.

In its special session, the Connecticut Legislature passed a bill (p. 47) to provide faster absentee ballots and more convenient procedures for military and overseas voters, in compliance with the Federal Military and Overseas Voter Empowerment (MOVE) Act.

We have been critical of the MOVE Act for one of its provisions but not its intent.  The MOVE Act included a provision for piloting Internet, fax, and email return of ballots which is risky to the very democracy our soldiers are dedicated to preserving.  As we said last November:

While we support our troops and their commitment to democracy, we do not support the MOVE Act in its current form.  We object to one provision of the Act passed by the Senate, passed by the House, and signed by the President.  Like the Help America Vote Act (HAVA), the MOVE Act is well intended, aimed a solving a real problem, yet has unintended consequences.

The problem of military and overseas voting has several good solutions that have been used in some states and localities and have been effective.  The MOVE Act incorporates many of those good solutions.  Yet, it also authorizes pilots of electronic submission of actual votes electronically.  As of this time there is no known proven method for the security and secrecy of electronic submission of ballots, no proven method of auding such votes, and the bill contains no mandate for the evaluation of pilots for security and secrecy.

Worse, many states are jumping on that bandwagon with risky and often expensive, unproven solutions claiming that the MOVE Act requires such.

Along with Secretary Bysiewicz, we applaud the Legislature’s prudent choice to avoid risky Internet, fax, and email voting schemes.

See: <All posts related to the MOVE Act>