Fox Overseeing Chicken Coops – Federal Election Commission Edition

“Caroline Hunter lied to a federal judge about illegal vote caging by the RNC. She now sits on the Federal Election Commission where she continues to do everything possible to deprive Americans of the right to vote. We cannot allow someone like that to practice law. We are calling for her to step down from the FEC and if she does not, to be removed.

Update 4/21/2010:  In defense of Caroline Hunter <read>

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Velvet Revolution files Complaint To Disbar FEC Commissioner Caroline Hunter For False Testimony In Voting Caging Lawsuit <read>

“Caroline Hunter lied to a federal judge about illegal vote caging by the RNC. She now sits on the Federal Election Commission where she continues to do everything possible to deprive Americans of the right to vote. We cannot allow someone like that to practice law. We are calling for her to step down from the FEC and if she does not, to be removed.

Velvet Revolution references the details on Raw Story:  FEC commissioner helped RNC conceal role in 2004 vote suppression <read>

In her affidavit , submitted under penalty of perjury, Hunter claims “the RNC is not initiating, controlling, directing, or funding any programs of ‘voter challenges’ … including the effort by the Ohio Republican Party to challenge voter registrations in Ohio.”

“Although representatives of the RNC were involved in the emails discussing the possibility of the challenges described above,” she continues, “the RNC has not initiated any challenges to the absentee ballots in Ohio or in any other state.”.

Burchfield tells the court that Hunter’s affidavit is proof the RNC isn’t violating the decree. Rather, he says, her statement demonstrates the party was diligent to avoid “initiating, controlling, directing or funding” any voter challenger programs….

“Miss Hunter’s information and belief,” he[Judge Debevoise] concludes, “is belied by the evidence developed during the brief period of discovery.”…

They also made clear that this was not a statement by a lawyer in open court to the judge, but rather an affidavit signed under oath by a witness in the case for one of the parties.

“If a lawyer makes a misleading statement in sworn testimony to the court,” said Hebert,[executive director at the Campaign Legal Center]  “and then the court not only finds that the statement was misleading but it turns out to be ‘belied’ by the actual facts in the case, I think a state bar would be interested in that.”

“It could be viewed as a serious ethical breach for an attorney, one that might warrant a review by the state bar in which she’s accredited and may be grounds for disbarment,” Hebert continued.

How Not To Increase “Voter” Participation

Dallas: It may turn out that mail-in voting enhanced turnout in the wrong way

Dallas, WFAA-TV: Dallas vote fraud allegations multiply <read/view>

It may turn out that mail-in voting enhanced turnout in the wrong way:

News 8 first reported the allegations early last month. Now there is new evidence of a more orchestrated campaign by so-called “vote harvesters” allegedly tampering with mail-in ballots.

In question are the Dallas County Precinct 5 Constable and Justice of the Peace races. The primary concern surrounds the mail-in ballots cast in those races.

A growing number of residents have cited case after case of mystery mail-in ballots and strangers showing up at their door, allegedly stealing their votes.

Bob Carter of Oak Cliff said it has happened before at election time, and it happened again a few weeks ago. Mail-in ballots arrived in his mailbox in someone else’s name.

The same thing happened to his neighbor next door.

Four mail-in ballots were received by the elections bureau from that address from four people who voted in the March primary.

Carter owns that house, and the people who voted don’t live there.

Mail-in voting, including no-excuse absentee voting is risky.   It can contribute to an image of democracy, but not always the reality of democracy.

Update: 4/21/2010:  A list of mail-in voting problems <read>

Trading the security, integrity, and shared experience of the in-person election process for all-mail elections is a bad idea for a number of reasons. An exam­ination of voter fraud cases over the past two decades reveals that ballots requested and sent through the mail are vote thieves’ tool of choice. Despite claims that voting by mail will increase voter turnout, the evidence leads to the exact opposite conclusion. Such elections, while possi­bly less expensive for election administrators, can be more expensive for candidates, thereby increasing the costs of campaigns for ordinary citizens who want to run for office. Mail elections put voters at the mercy of the postal service: If their ballots are delayed or misdirected, their votes will not count. Also, voters could be casting their ballots without the same access to timely informa­tion about candidates. Finally, elections conducted through the mail destroy the communal act of voting in a way that is damaging to America’s voting traditions and the inculcation of civic virtues.

Trading the security, integrity, and shared experience of the in-person election process for all-mail elections is a bad idea for a number of reasons. An exam­ination of voter fraud cases over the past two decades reveals that ballots requested and sent through the mail are vote thieves’ tool of choice. Despite claims that voting by mail will increase voter turnout, the evidence leads to the exact opposite conclusion. Such elections, while possi­bly less expensive for election administrators, can be more expensive for candidates, thereby increasing the costs of campaigns for ordinary citizens who want to run for office. Mail elections put voters at the mercy of the postal service: If their ballots are delayed or misdirected, their votes will not count. Also, voters could be casting their ballots without the same access to timely informa­tion about candidates. Finally, elections conducted through the mail destroy the communal act of voting in a way that is damaging to America’s voting traditions and the inculcation of civic virtues.

One Way Connecticut Could Empower Military and Overseas Voters

Which would you prefer if you were overseas, in the military, and had a few minutes to use a computer on base? A one page listing of do’s and don’ts or an interactive facility with Frequently Asked Questions and a staffed help desk designed by and for military and overseas voters?

The Connecticut Legislature is poised to pass a bill to change Connecticut absentee voting laws to implement the Federal Military and Overseas Voters Empowerment Act (MOVE).  Although we have been critical of some unfortunate provisions of the Federal act, its overall intentions and many of its provisions are important and are a significant improvement.

One key to truly empowering military and overseas voters is accessible, timely information to speed the process of meeting the requirements of obtaining, completing, and returning absentee ballots and applications.

Four levels deep on our Secretary of the State’s web site we find the following today:

Looking at another state, we find a link to the following interactive facility designed and staffed by the Overseas Vote Foundation:

Which would you prefer if you were overseas, in the military, and had a few minutes to use a computer on base?  A one page listing of do’s and don’ts or an interactive facility with Frequently Asked Questions and a staffed help desk designed by and for military and overseas voters?

To their credit seven states use this system to server their military and overseas voters:    Alabama, Kentucky, Minnesota, Ohio, Texas, Vermont, and West Virginia    <details>

It is not free.  It would cost Connecticut about 1/3rd the salary of a lawyer in the Secretary of the State’s Office, or about  1/10th the amount of a primary campaign grant to a single candidate for Secretary of the State under the Citizens’ Election Program.

We will add this to our list of items that a Secretary of the State could do.  Perhaps all voters deserve similar services as well.

Sen. Harris Formally Enters Race – Rep. Larson Endorsement

“The secretary of the state’s office is about jobs and democracy,” Harris, a Democrat, said. “And what more basic components do we need to be successful in the future in Connecticut?”

Today State Senator Jonathan Harris formally entered the race for Secretary of the State with the endorsement of Congressman John Larson. <Candidate’s Web Announcement> <Courant Article>

From the candidate’s site:

“I feel the time is right to reinvigorate the role of the Secretary of the State to play a vital role in growing and retaining businesses in Connecticut,” said Sen. Harris. “The Secretary of the State not only performs the traditional roles of recording the state’s business, administering elections and maintaining business registration but should also vigorously advocate for Connecticut’s businesses and promote job creation.”

“From the Courant:

“The secretary of the state’s office is about jobs and democracy,” Harris, a Democrat, said. “And what more basic components do we need to be successful in the future in Connecticut?”

Harris promised to bring his legislative skill as a consensus builder to what he called the secretary of the state’s “bully pulpit,” a combination he said would increase small-business growth and resulting tax revenue. He also said he will increase citizen participation in elections and civic functions, and improve the office’s capability to provide more information, over the Internet, to citizens and businesses.

The Courant article states that Richard Abbate is still a candidate, while the last we heard, he was not.

Update:  Video from Local Online News <video>

Video: Corey Brinson at Stamford Tea Party

“Organizations like ACORN are fighting every day to undermine our election process and that’s why the democrats are fighting to push through same day voter registration., people are fighting every day to steal the election…I am against anything where I have to give up liberty or freedom or where someone has to tell me how to live my life…what Obama is doing is unamerican.”

Organizations like ACORN are fighting every day to undermine our election process and that’s why the democrats are fighting to push through same day voter registration., people are fighting every day to steal the election…I am against anything where I have to give up liberty or freedom or where someone has to tell me how to live my life…what Obama is doing is unamerican.

Video: Denise Merrill visits the Milford DTC

“Frankly, I’m not all all that concerned about getting lots more people registered to vote. We saw last time 225,000 people registered to vote who had never voted before…they wanted to vote because they were inspired to vote, because they had someone to vote for, and that is what we need.”

From Connecticut Bob who posted all those visiting the Milford DTC:

Frankly, I’m not all all that concerned about getting lots more people registered to vote. We saw last time 225,000 people registered to vote who had never voted before…they wanted to vote because they were inspired to vote, because they had someone to vote for, and that is what we need.

Municipal Primary Post-Election Audit Drawing

There were 33 districts in the recent primary, so 4 or 10% were selected for audit. We also selected one alternate. Given the number of districts in Hartford, New Haven, and West Haven it is not surprising that they were selected.

Today, I observed and participated in the post-election audit random drawing at the Secretary of the State’s Office. There were 33 districts in the recent primary, so 4 or 10% were selected for audit.  We also selected one alternate. Given the number of districts in Hartford, New Haven, and West Haven it is not surprising that they were selected.

Here is the official Press Release.

Rep. Spallone drops out – Endorses Merrill for Secretary of the State

…he concluded that he cannot devote his full attention to repairing the state‘s fledgling campaign finance law, his duties as co-chairman of the General Administration and Elections Committee, and his district, while running a statewide campaign.

CTNewsJunkie has the story: Spallone Steps Aside, Endorses Merrill <read>

Deciding this was not the right time to run for statewide office, Spallone said he concluded that he cannot devote his full attention to repairing the state‘s fledgling campaign finance law, his duties as co-chairman of the General Administration and Elections Committee, and his district, while running a statewide campaign.

“I also have a law practice and, most importantly, two very young children at home. This is simply not the right time for me to wage a statewide campaign,” Spallone said in an emailed statement.

In that same statement he endorsed Merrill.

“Denise’s commitment to good government and expanding our democracy predates her service in the legislature,“ Spallone said. “Denise has helped me countless times with my work on government and electoral reform, and she is committed to restoring civility to our political discourse and engaging the next generation of voters.“

Spallone Steps Aside, Endorses Merrill

What could a Secretary of the State Do?

Much of what we hear from candidates is proposed cheerleading and leadership from the bully pulpit: the bills they would propose to the legislature, the leadership they would provide to improve the business climate, encourage voting, and voting integrity in Connecticut. However, there are items that the Secretary of the State can do on their own initiative to improve business registration, public access to information, and the election process.

Much of what we hear from candidates is proposed cheerleading and leadership from the bully pulpit: the bills they would propose to the legislature, the leadership they would provide to improve the business climate, encourage voting, and voting integrity in Connecticut.  Don’t get me wrong these are useful and legitimate roles for the Secretary of the State.  However, there are items that the Secretary of the State can do on their own initiative to improve business registration, public access to information, and the election process.

When I talk to candidates for Secretary of the State, one of my main themes is what they could do on their own authority as Secretary of the State to improve election integrity and public confidence.

Here is my initial list of items, which may be expanded:

  • Provide detailed, accurate, downloadable, election information and notices on the Secretary of the State’s web site, while increasing the integrity of the post-election audit
  • Create jobs, efficiency and election integrity in Connecticut by changing the way memory cards are programmed and tested
  • Improve documentation and training for election officials,  in substance and format
  • Provide written directives and responses to inquiries from election officials

We recognize that everything costs money, however, most of these items are relatively modest items that appear to be within the authority of the Secretary of the State.

Further Details

Provide detailed, accurate, downloadable, election information and notices on the Secretary of the State’s web site

In a PEW study the Connecticut site ranked 48th out of 50 states.  We could debate if we should be higher in the rankings, or instead work to emulate and surpass the top ranked states.

The process of accumulating voting results in Connecticut is an error-prone three step process of addition and transcription, from polling place, to town hall, to the Secretary of the State’s Office, and to the web.  Citizens have identified errors large and moderate – errors of a magnitude  which could change election results, the initiation of recanvasses, or ballot access. See <here> <here>

Without reliable, publicly posted results, post-election audits cannot be accomplished which inspire confidence and provide integrity.  A trusted audit requires selecting districts for audit against previously posted results.  Since we audit against optical scanner tapes, and the tape results are not posted, then we fail to meet that requirement.

What can be done?

  • Post copies of the original documents: All district and central count absented ballot Moderator’s’ Reports and copies of scanner tapes should be faxed to the Secretary of the State’s Office and posted on the SOTS web site. (We know this is easily possible since the SOTS web site has recently included images of all local ballots, and is capable of the quick addition of press releases)
  • Post detailed and summary data: The SOTS could use temporary employees or outsourcing to input and double check the input of all that data, then post it to the web site in human and downloadable formats.
  • Side benefit: A free public audit: As a byproduct the public, candidates, and parties could check and audit the data at no cost to the state.  To do that today would involve visiting town halls across the state and performing all the calculations done today by hand – efficient auditing of selected districts is not possible because detailed data is not currently posted.
  • Consider using the Overseas Vote Foundation facility for empowering military and overseas voters, now in use by seven states.  This is an example of what could be done to empower all voters. (Added 4/4/2010)
  • Improve post-election audit integrity: Stop accepting reports showing wild discrepancies as extremely accurate and make all audit investigations public and transparent. (added 7/31/2010) <Extremely Accurate> <Audit Reports>

Another area of irritation and loss of integrity in the post-election audits is that while the Secretary of the State’s Office is able to post ballots for every municipality, they are not provided with a reliable list of polling districts in those municipalities.  By requiring the faxing of district Moderator’s Reports and posting them, this uncertainty would be eliminated.

Another problem is public notification of audit dates, times and locations.  By procedure (unfortunately not by law), registrars are required to inform the Secretary of the States’s Office three days in advance of the local audits.  If these dates were posted by the SOTS Office within 24 hours of receipt, then the public, candidates, and parties would have much better access to actually observing audits.

Beyond audits, having centralized voting district locations and assisting voters in finding their polling place would help the public and partially relieve that burden from towns.

Create jobs, efficiency and election integrity in Connecticut by changing the way memory cards are programmed and tested

Currently, before each election, memory cards are programmed in Massachusetts by our distributor, LHS Associates.   The cards are shipped to local election officials for pre-election testing.  There are two problems:

  • We have no effective supervision over the process.  One of the risks is insider fraud or intimidation of those who program and ship memory cards.
  • The process is not perfect, and the memory cards are physically unreliable.  Extra effort is required when bad cards are discovered by the Registrars and new cards need to be ordered and shipped.  See <UConn Report.>

What can be done?

  • Perform the programming in Connecticut: In other states (outside of New England) large counties program their own cards and often perform programming at a fee for small counties.  We have paid for two machines which we can use to program the cards. They could be used by state employees or outsource the programming within Connecticut.
  • Independently test the cards nearby the programming: UConn has developed, at taxpayer expense, a program to eliminate many causes of error in the cards and easily detect bad cards with “junk” data.  Currently this program is underutilitzed in no non-random testing of cards selected by local officials after pre-election testing and after the election.  We can exploit this program to 100% pre-test the cards, enhancing integrity and reducing wasted effort by local officials when they discover “junk” cards.
  • Side Benefit:  Jobs: It might be small, yet every job moved back to Connecticut would be a benefit to the state.  Like large counties in other states, we might provide the service to other states in New England – we could compete with LHS for business and with the added advantage of the UConn testing program.  Perhaps we could expand beyond New England to service other states.

We also note a large cadre of very part-time election officials, many of whom served as lever mechanics and later as vendor trained optical scan technicians.  We expect that several of these same individuals could quickly train to meet the seasonal demand for programming and testing, and appreciate the opportunity for work and public service.  It would not take many.

Improve documentation and training for election officials,  in substance and format

The current Secretary of the State and her staff have worked to improve documentation and training.  This work should continue and be taken to a new level.

What can be done?

  • Update and improve the value of manuals: The Moderator Manual, the Absentee Ballot Moderator, the Recanvass Manual and the Post-Election Audit Procedures were modified after the commitment to optical scanners.  They need to be updated and expanded based on experience.  They need to be rewritten and edited by professional technical writers to make them more effective as training and reference documents.  For instance,
    • The Absentee Ballot Moderator’s Manual still calls for multiple counting throughout the day, but only one count is necessary with optical scanners.
    • The Post-Election Audit procedures should provide more details in several areas:  Counting incomplete bubbles, counting write-in votes, exactly what levels of differences should call for recounting and investigation, and help with accurate and efficient counting methods.
    • The Recanvass Manual should also cover details of counting incomplete bubbles, counting for voter’s intent, voter identifiable ballots, and the role of designated observers.
    • There may be value in following the examples of other jurisdictions in creating observer manuals for post-election audits and recanvasses.
  • Improve and expand certification: The Secretary has begin efforts for Registrar Certification and Training to complement the current Moderator Certification and Training.  The Registrars job is much more involved than that of a Moderator, yet Registrars have no formal training and certification program (And currently there is no requiremen for Registrars to be certified Moderators or to attend training.  Moderators are supposed to be certified, yet that is not enforced – these are issues for the Legislature and an example of where the Secretary of the State could be an effective cheer leader)

Provide written directives and responses to inquiries from election officials

One responsibility of the Secretary of the State’s Office is to advise election officials on proper procedures according to law, regulations, procedures, and directives.  We have heard registrars complain that the advice given depends on who one talks to, and on what day.  We have no way of determining if that is true or how prevalent the problem is.  The uncertainty and over-reliance on verbal communication should be eliminated.

We hear the same from committee political treasurers. In fact it is the subject of a proposed law before the Legislature.  The law would require the State Elections Enforcement Commission to follow-up with a written version of any verbal advice within ten days. <H.B. 5470> However, it is difficult to write law that distinguishes from a simple inquiry from one that provides a critical distinction that the caller must rely on to avoid error and avoid potential fine or jail time.

What can be done?

  • All directives should be in writing and publicly available. Like any laws, regulations, and procedures there is usually some ambiguity, unanticipated situations, new regulations can take years to be approved, and problems which must be overcome.  The Secretary of the State Office from time to time must issue directives to cover these situations.  Such directives should be in writing and posted publicly.
  • All substantial advice and rulings should be recorded in writing. The current Secretary of the State’s Office keeps track of all citizen inquires.  The Office should keep track of all official inquires, and summarize any significant election advice and rulings for future reference.
  • Economies of Scale: Perhaps the state would be best served by a common system, that tracked similar advice for the Secretary of the State’s Office and Elections Enforcement.  Perhaps we should use the same or similar laws, and the same system for all agencies that have a similar requirement.  The Environmental Protection Agency comes to mind.  What do other agencies do today?  What do other states do?  We have only one Freedom Of Information law for all agencies.  Perhaps we need a uniform law for agency directives, rulings, and advice?  There will always be a need to consider economies of scale vs. excess bureaucracy – but the third option is to search for the ways that increase economy of scale, increase democracy, while also streamlining bureaucracy.  Once again, the Secretary cannot change the law alone, but could cooperate with other agencies to produce efficiency and provide leadership in going beyond requirements of the law.

This list would be a good start.  Perhaps we will update and add to it over time.

Video: Jonathan Harris visits the Glastonbury DTC

* Building participation of the voters, at the voting booth, and also in our communities
* The Secretary of the State as a true business advocate
* A stepped-up use of e-government so that the Secretary of the State’s Office can be a focal point for information

Thursday March 18, 2010:

We need in this cycle and going forward leadership that is willing to take on the difficult fights.  But that is also willing at times to take a step back and to try to work with different constituencies, different parties, and different people…

Three basic things:

  • Building participation of the voters, at the voting booth, and also in our communities
  • The Secretary of the State as a true business advocate
  • A stepped-up use of e-government so that the Secretary of the State’s Office can be a focal point for information…

What we need to focus on is that citizenship, which is not a seasonal thing. Citizenship should not be just going out to vote once year

The big thing we need to…is stepping up the Secretary of the State’s role as a true citizens advocate…when I started my business [and filed for my business]…there was no real exchange of information: no one telling me about sources of public capital or private capital…the Secretary of the State’s office using that bully pulpit, that constitutional office, I think can help open those doors…

We need to supply more information to the pubic…from an economic prospective and a consumer protection prospective.  That information should get out to the public in a more user friendly way through the internet.


In response to my question about the need for more accurate, citizen verifiable election information online:

Of course I would try.  That is one of my frustrations, running for election, and go on the next day and actually see what the numbers are and you can’t get them…Obviously everything would be prioritized and whether that would be in a time of limited resources  where you went and spent your money first, there might be some other things that you do.