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Showing posts with label voting systems. Show all posts
Showing posts with label voting systems. Show all posts

Monday, November 20, 2023

Voter Verifiable Ballots Will Help Minimize Election Errors

Over the weekend, I received a comment from a reader suggesting that "newer technology HAS already disrupted and changed final totals all across this nation." He suggests that if a system fails more than once, it should be replaced. "Accurate elections are too important," he concludes. I'll agree that newer technology, combined with mail-in ballots, have undermined public confidence in election integrity. But under this reader's logic, we'd have to get rid of democracy entirely to fix this problem. That is because ALL voting systems fail, and more than once. This can be established through our own history of voting. The only difference between the problems with elections now and those under other systems is that we are acutely aware of these problems on election day. That is because of voter verifiable ballots, under which voters can see for themselves if their intentions are being honored. Thus, when a problem is discovered on election day, voters are the first to know.

Voting in America was originally "viva vocce." If you were white, male and over 21, you'd go to the courthouse on election day, swear an oath and publicly announce your choices in front of everyone who was in there, actively campaigning. Obviously, the potential for fraud and abuse was great. You could easily sell your vote. But turnouts were great and alcohol flowed freely. 

To prevent that, elections officials decided to replace voice voting with secret paper ballots. At its advent, you could just scrawl your candidate's name on any piece of paper. Then political parties got wise, and began preparing their own ballots (called tickets) that you could throw in the box. This led to accusations of voter fraud and ballot box stuffing, something that I'm told (anecdotally) did happen here as ballot boxes made their way to the courthouse from the four corners of the county. 

In an effort to prevent this kind of fraud. the first green monster - a heavy lever voting machine - was invented and widely used in America throughout the 20th century. Like an old Crown Victoria, something about those hulking machines inspired confidence. Draped in a privacy curtain, you could select individual levers or straight party and then cast your ballot by pulling the main lever to open the curtain. You'd hear a solid thud and would be confident that your vote was cast. 

But did your vote actually count? Behind that secure curtain, there were problems

"For one, these machines had thousands of moving parts. They required careful maintenance and were difficult to test. When the last machines were produced in 1982, fixing and replacing worn parts became nearly impossible. Lever voting machines were also not tamperproof: they were vulnerable to the very technicians who were supposed to maintain them. The machines were also inaccessible to voters with physical limitations: the labels with candidates’ names were hard to see, and pulling the levers required strength and mobility."

As the teeth on gears began to wear, the result would be miscounts rarely caught by elections officials. Everyone had confidence in and loved these behemoths, but they were increasing undercounts in elections. 

Some jurisdictions began replacing the lever machines with punch cards, but that was a nightmare. We witnessed that during the 2020 Presidential, when election workers in Florida had to decide whether a dimpled or hanging chad should count.   

Northampton County fought to keep the lever machines in place as long as it could, but eventually had to replace them. 

In its first foray into life beyond the lever, NorCo chose what may very well have been the worst voting machine in the US. - the AVS WinVote. This system was so bad that music on your cell phone could cause it to go haywire. To make matters worse, the version NorCo used in an election had never been certified. Oops!

touchscreen that looked like a lever machine
Northampton County then opted for 300 touch screen voting machines that at least looked like the old lever machines. - the Advantage D-10. This heavy (200 pounds) touchscreen computer was user friendly, even to those who are differently abled. People really liked using it, and I'm unaware of any problems with it other than screen sensitivity. But it had one major drawback. Just like its green cousin, there was no way for a voter to determine if his touchscreen choices were actually registered. 

In response to concerns that there be a paper trail, Congress enacted the Help America Vote Act, which required the states, over time, to have a paper record of each vote cast, and one that the voter himself could verify. 

That's how Northampton County ended up with the Express Vote XL, which combines the convenience of a touch screen with a summary card on which you can review your choices. If you dislike them, you can spoil your ballot and choose again before casting your vote. Some people liked paper ballots that could be scanned, but I liked the redundancy of having my vote on both a flash drive and paper ballot, and with the understanding that the paper ballot rules. 

In 2019 and again this year, there have been problems with this system. The machine itself has been fine. It has been certified and recertified. It survived challenges in both federal and state court. There have been problems with programming, pre-election testing and having paper ballot backups at the polls. This has understandably created a crisis of confidence. But these are problems that would never have been noticed but for the voter verifiable ballot. 

Like you, I'm unhappy to see just one voter deprived of that right, which certainly happened. But thanks to the paper trail, voters and elections officials were able to detect a problem and make attempts to fix it. 

The days of blissful ignorance are over.  Our confidence in the green lever machines was misplaced. The paper trails we see on elections day can make them more sloppy and chaotic. But they will be more accurate. 

Friday, December 20, 2019

DOS - Paper Ballots Are Already in Place

As newspapers across the country have breathlessly reported, failed Green Party Presidential candidate Jill Stein has asked federal District Court Judge Paul S. Diamond to ban the continued use of the ExpressVote XL. They've been a little slower to report the state's contention that Stein knew this system was among those being certified, yet waited nearly a year before complaining. Or the argument that such a ban would throw the Presidential Primary into "complete chaos." On Friday, the Department of State delivered a knock-out blow to Stein's complaint. It's simple, too. People who want to vote on paper can already do so.
"Recently adopted amendments to the Elections Code provide that all voters may vote using mail-in ballots or absentee ballots, both of which are on paper. See Pennsylvania Election Code - Omnibus Amendments, Act of Oct. 31, 2019, P.L. 552, No. 77, Cl. 25, Article XIII-D (2019) (codified at 25 P.S. §§ 3150.11 et seq.) Accordingly, any voter who wishes to vote on paper may do so."
Judge Diamond has scheduled an evidentiary hearing on January 21. He's not interested in legal arguments, but wants testimony on a few very specific questions, including why Stein waited nearly a year before complaining and what effect a ban would have on the upcoming election.

Pfffft. Hear that? That's the sound of the air going out of the Stein balloon.

Elections Comm'n Has "No Confidence" in ExpressVote XL

Public confidence in Northampton County's $2.9 million ExpressVote XL voting system was badly shaken during its rollout in the November 5 election. At the polls, some voters complained they had difficulty making choices in the retention races. This is because as many as 30% of the machines were improperly configured in the factory. Worse, 100% of the machines reported false results in all races in which cross-filing was permitted. Finally, neither of these significant errors was caught during pre-election testing. ES&S, manufacturer of this system, has repeatedly apologized for these errors and has vowed to strengthen its quality control. "We will do better," pledged Executive Lamont McClure right after the election. None of this mattered to Northampton County's Elections Comm'n. During a lengthy and sometimes contentious meeting last night, they voted 4-0 to declare they have no confidence in the ExpressVote XL voting system. Since they themselves recommended this system on March 6, they in effect voted they have no confidence in themselves. I certainly have none after watching them in action.

The Yes votes come from Deb Hunter, Maudeania Hornik, Layton Snover, Jr., and Kathy Fox. A fifth board member, George Treisner, Jr., was unable to stay and left the meeting prior to this vote.

Though the Board declared they had no confidence in the machines they themselves had recommended in March, they stopped short of demanding they be scrapped. An online headline from The Morning Call trumpets, "No confidence: Northampton County election board calls for new voting machines for 2020." This is inaccurate.

The recommendation to scrap the machines came from the Democratic and Republican parties, not the Commission. In a bipartisan blunder, Dem Party Chair Matt Munsey and GOP Exec Committee member Mary Baurket pretended to like each other and were almost holding hands as they approached asked Elections Comm'rs. It is they who want to scrap the machines.

In papers filed in federal court, ES&S has argued that such a decision would throw next year's election into "complete chaos." A Declaration obtained from Secretary of State Kathy Boockvar states it's simply “too late for Counties to replace ExpressVote XL machines in time for the 2020 primary, which will be held on April 28, 2020.” The selection process for a new system would take 3-12 months, followed by another 3-8 months for delivery, training, outreach and testing.

What makes more sense is doing everything possible to make next year's election successful. Instead of doing that, the Commission was focused on what went wrong. Commission member Deb Hunter used the fiasco to quarrel with County Administrator Charles Dertinger. She and other Commissioners were focused on what went wrong, but practically no attention was paid to suggestions that might streamline next year's elections.

Hunter did make a pitch for a machine custodian, and I agree with her. But Maude Hornik was dismissive of epollbooks. Instead of concentrating on improvements like a pilot election, precinct action plans or better testing, they wanted to know who in the county screwed the pooch on the testing.

Instead of helping our elections run more smoothly, it appears that some Commissioners wish to use this fiasco politically against Executive Lamont McClure. Right before the meeting started,  Elections Comm'r Maude Hornik handed me a statement from the NorCo GOP, slamming McClure. It even insinuates, with zero evidence, inappropriate contacts between his administration and the vendor. It even raises the specter of evil unions throwing their weight behind ES&S.

Ironically, GOP party boss Lee Snover was a supporter of the ExpressVoteXL. Her sister Maude and first cousin Daryl voted for it. McClure could never have purchased this system without their support. Now, instead of working to produce the best and most fair election possible, they will use this fiasco in an effort to defeat McClure in two years.

10 am Update: The Morning Call has fixed its misleading headline, which now reads "No confidence: Northampton County election board ‘extremely disappointed’ in machines it selected"

Friday, December 13, 2019

ES&S: Problems With Express Vote XL Result of Human Error

Adam Carbullido, ES&S Senior VP
At a news conference yesterday and again during a presentation to  Northampton County Council later in the day, ES&S Senior VP Adam Carbullido fell on the sword and took responsibility for all the problems that occurred in the rollout of the Express Vote XL on Election Day. He blamed human error. Express Vote XLs were configured improperly at the factory, making as many as 30% of the 320 machines too sensitive. In addition, an untested ballot layout technique was used, creating false results in cross-filed races. Finally, ES&S failed to provide the correct guidance in the logic and accuracy testing done on the machines before they were sealed and put into circulation.

"I want to apologize to the administration, county officials, elections staff, elections administrators and most importantly, voters," said Carbullido. What happened on Election Day is "completely unacceptable."

While waiting for an impound order on the machines to be lifted, ES&S created an "all hands on deck" team and began running tests on machines at their home base in Omaha, using the same configuration and ballot layout used in Northampton County. When the Order was lifted, tests on the machines led to the conclusions reached.

The fix? All machines will be properly configured before the next election. The small boxes marked with an "x" will be eliminated. Tha ballot layput technique will never be used again. The logic and accuracy testing will be strengthened.

"These are human errors and we own that," said Carbullido. "These issues will never occur again," he promised.

Council member Tara Zrinski asked how the County could be sure that another human error would result in no additional problems. Carbullido explained that the work done by one person will be checked by another.

In addition to the improvements by ES&S, which will be done at its own expense, Executive Lamont McClure said he would be presenting a plan for next year'selection to deal with long lines and other voter inconveniences. McClure said he "couldn't be more sorry" about what happened, but reminded everyone that the election was still "accurate, fair and legal."

Elections Commission member Deb Hunter, who opposed the Express Vote XL, said the County needs to address the lack of a permanent director of elections as well as machine custodian. She also said poll workers need better training.

Sandy Werner, who is married to Council member Bob Werner and who has previously been critical of both ES&S and the Express Vote XL, was incredulous about the improper configuration. "If I buy a microwave for $150, I expect all the functions to work when I plug it in at home," she complained. "I don't expect a few of them to work."

"Who will win next year's election?" asked Ms. Werner.  "ES&S. $2.8 million and not much to show for it."

Tuesday, December 10, 2019

Voting Machine Lawsuit - State Must Answer Stein By Thursday

Jill Stein, the Green Party's 2016 Presidential candidate, in late November asked a federal court to ban the use of The Express Vote XL voting system, was used in November's election in Philadelphia and Northampton County. Cumberland County, which also bought this system, plans to roll it out next year. Judge Paul S Diamond has ordered the state to answer her latest demands by Thursday.

Stein, along with paper ballot purists, maintains the Express Vote XL fails to provide voter verifiable paper ballots and thus violates a settlement agreement with Pennsylvania. Under that deal, the state ordered all counties to have new voting systems with voter verifiable paper ballots in time for the 2020 election.

I never understood why the state settled Stein's frivolous suit. Judge Diamond, in a 2018 Order, had already dismissed most of her case. It was on life support.

Judge Diamond has already pointed out that there is "no authority recognizing a right to have one’s vote verified through any procedure," let alone paper ballots. He also observes that Stein's the fear of vote tampering in “borders on the irrational.”

This is hardly the language a judge uses if he finds an argument persuasive.

In addition, Stein has an extensive history of 20 frivolous election lawsuits in the federal system.

Friday, December 06, 2019

Party Chairs Unite to Seek Independent Analysis of November's Election

The Chairs of both Republican and Democratic Party, Lee Snover and Matt Munsey, appeared together at last night's Northampton County Council meeting to seek an "independent" study of what went wrong in November's election. "Wouldn't that help people have confidence going into 2020?" asked Munsey. Snover thinks so, and told Council it would "reassure Lehigh Valley citizens."

They had a name, too. Dr. Duncan Buell, a Professor of Computer Science and Engineering at The University of South Carolina. According to Snover, Dr. Buell could do his analysis without examining the county's voting machines, is willing to sign a non-disclosure agreement and would work for free.

Dr. Buell previously sent an email to County Council, but Snover stated he received no reply.

There is some question about just how "independent" Dr. Buell would be, given that he's involved in former Presidential pretender Jill Stein's lawsuit against the state, seeking a decertification of the Express Vote XL voting system used in Northampton County.

Though he failed to address the request of both party chairs, Executive Lamont McClure told Council that ES&S, manufacturer of the ExpressVote XL, will be on hand at the next Council meeting to explain what went wrong and how hey are making sure it never happens again.

Thursday, December 05, 2019

Gov Wolf's Edict Resulted in Election Problems in Six Pa. Counties

In 2016, former Green Party presidential candidate Jill Stein, who incidentally lives in Massachusetts, sued Pennsylvania in federal court over its "national disgrace" of an election system. Though the state's 67 counties were using a large variety of different systems, she nevertheless blasted them all as "vulnerable, hackable, antiquated technology."  Rather than fight Stein's frivolous lawsuit, Governor Tom "Neville Chamberlain" Wolf appeased her.  He ordered all counties to replace existing systems with "new modern machines" that include a voter verifiable paper trail. Although he provided no money,  his edict declared these new systems had to be in place before the 2020 Presidential election. Dauphin County thumbed its nose at Wolf, but 46 of Pennsylvania's 67 counties, including Northampton County, used these new systems in November's just-held election. We all know Northampton County's experience was a disaster. But there were problems in five other counties as well. It appears that problems with new systems applied to paper ballots as well.

York County - York used the Dominion Image Cast Precinct (scanner) and Image Cast X ballot marking device. According to the state, York had the largest number of complaints throughout the state. Voters reported getting wrong-sized ballots and the county failed to provide enough scanners, which resulted in long lines. Some scanners would only read the first page of a two-page ballot. Voters began placing their ballots in a ballot box instead of using the scanner. In one township, the ballots were carried to the courthouse in a suitcase.  Results were not posted until two days after the election.

Carbon County - This County received its new system just a month before the election, the same paper ballot system used in York County.Voters used Sharpies with a two-sided ballot, leading to concerns that marks would bleed from one page to the next. On election night, the original count was 14,007 ballots. The next day, it was 24,334 votes. This is because the paper ballot scanners had a software glitch in which election results in some precincts were not added. Carbon County had to recount every vote by hand, and its official results were not reported until 17 days after the election.

Montgomery County - This County also used the Dominion system. Though I am unaware of any major issues in November's election, the Spring Primary was a disaster. Voters had to stand in three lines: check-in, filling out ballot and scanning. Poll workers began scanning ballots, compromising privacy. There were too few scanners.

Monroe County - Used the Clear Ballot paper ballot favored by some members of the Elections .
Commission. There were privacy concerns and scanner issues because paper ballots were incorrectly cut   

Lehigh County. - One candidate was accidentally left off the ballot. Poll workers had difficulty turning machines on and had to hand out provisional ballots. Voters also expressed privacy concerns. 

Whether it was Express Vote XL that Northampton County used or the paper ballots, there were problems using a new system to address a nonexistent problem.

To make matters worse, Jill Stein has sued again. Though her complaint now is just as frivolous as the original, I have to wonder how Governor Woolf will appease her this time.

Wednesday, November 27, 2019

Jill Stein Wants Fed'l Court To Ban Express Vote XL Voting System

Jill Stein, the Green Party's 2016 Presidential candidate, yesterday asked a federal court to ban the use of The Express Vote XL voting system. She claims this system fails to provide voter verifiable paper ballots and thus violates a settlement agreement with Pennsylvania. Under that deal, the state ordered all counties to have new voting systems with voter verifiable paper ballots in time for the 2020 election. Now that three counties have purchased The Express Vote XL and two have used them, Stein sues.

Th Express Vote XL was used in November's election in Philadelphia and Northampton County. Cumberland County, which also bought this system, plans to roll it out next year.

Stein claims that despite a certification on the federal level and two from the state, The Express Vote XL disenfranchises the voter because it uses barcodes, is difficult to see through a plastic screen, and isnot really a paper ballot. 

There is little doubt in my mind that Stein's claim is frivolous. She filed no motions when paper ballot purists unsuccessfully challenged the certification. She stood by as three counties spent millions of taxpayer dollars to comply with Governor Tom Wolf's ill-considered directive. She did nothing as two counties used them in November's election. Her delay in coming forward has certainly prejudiced counties who were acting with the best intentions.

On the merits, her argument about barcodes is sheer nonsense and has been repeatedly rejected. barcodes are used in banks, hospitals and every major business. They are used precisely because they are reliable.

This motion was obviously filed for political effect  and not from any sincere desire to improve our elections.

You can see her motion here