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Fri Jul 25 2008
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Departments Election Issues
Carter Gets It – But Will His Electoral Commission?
by Kevin Zeese and Linda Schade
April 24, 2005
The best news coming out of the first hearing of the Carter-Baker Commission is that the co-chairs recognize that Americans are losing faith in their democracy, and that even in the 2004 presidential election – among the most passionate elections in recent history – 40% did not vote and, increasing numbers of voters lack confidence that their votes were counted as cast. The bad news is that a corporate conflict of interest of one member of the Commission raises doubts that they will recommend the common sense necessity – voter verified paper ballots.
With regard to the counting of votes, people are concerned about paperless electronic voting because it provides no independent record for audits or recounts. The machines are known to be a high security risk and vulnerable to: insider programmers who can put undetectable malicious code in the software, by election officials who have access to the machines and by outside hackers – all of these players can change the outcome of an election. And, of course, nearly all Americans have had the experience of computer freezing and crashing – it is also an experience that election administrators have seen with the use of computers in elections.
Indeed, a recent report in Maryland by the Montgomery County Information Technology Department concluded that as a result of 106 machines freezing in the middle of a vote “Maryland election judges are unable to provide substantial confirmation that the vote was in fact counted.” See page 11, Lessons Learned, http://www.truevotemd.org/Resources/Lessons_Learned.pdf.
The IT report found that there was a 12 percent failure rate with the machines on Election Day – seven percent failed completely, while five percent were suspect because of the low vote totals. How can voters be confident in machines with such high levels of malfunction?
Thankfully, President Carter and his co-chair Secretary of State James Baker recognize the common sense necessity to the need to verify the electronic vote count. During the first hearing of the Carter-Baker Elections Commission, Carter spoke in favor of voter verified paper ballots saying: “We might very well recommend electronic voting systems with a paper trail.” Carter described, more than once, what he has in mind for a paper trail. In various countries where the Carter Center has monitored elections, he described how people vote on an electronic machine, which prints out a paper ballot, that the voter checks and then places in a ballot box. Random checks can then verify the accuracy of the electronic count by comparing it to the paper count. “I have no disagreement,” Baker said of this proposal.
President Carter was referring to recent elections in Venezuela where those opposed to the re-election of President Hugo Chavez initially claimed the vote had been stolen when he won re-election. Anger was building in reaction to the vote and violence was a real possibility. Thankfully, in Venezuela the electronic voting machines include a voter verified paper ballot and therefore an independent audit of the machines was possible. When the audit was completed it was evident that there was no fraud and in fact Chavez had won re-election – everyone accepted the result.
A similar incident occurred recently in the United States. In New Hampshire many Democrats were surprised by the strong showing of President Bush in townships bordering on Senator Kerry's home state of Massachusetts. In reaction to thousands of requests from voters, independent presidential candidate Ralph Nader requested a recount. Thankfully, New Hampshire requires a paper record of all votes cast so original voter intent could be examined in a hand recount. Nader targeted the jurisdictions that were most suspicious and a hand recount of paper ballots was conducted. The recount found that the machine count, in this case optical scans of paper ballots, was accurate. Confidence in the outcome of the vote count in New Hampshire was restored.
Bill Gardner, the New Hampshire Secretary of State, unlike many election administrators, has come to learn that recounts are an important part of ensuring credibility of an election outcome. He makes the point that a successful election is when the losing candidate, and his or her supporters, are confident that the result was accurate. The capability of conducting a transparent hand recount of paper ballots in public with the media and all interested parties watching, is critical to achieving that goal.
Other election administrators like Linda Lamone of Maryland, believe the false claim that paperless DRE machines allow for a recount. In fact all they allow for is recounting the record created by the computer. When machines make an error recording the vote the recount will merely repeat that error. Lamone, who is president of the National Association of State Election Directors, is famous in Maryland for testifying under oath that computerized voting machines “are not computers.” This underscores another serious (and frightening) problem: elections administrators do not understand the technology they are charged with implementing. NOT recommended.
Why do Lamone and some other administrators oppose paper? Because it is a hassle to store and recount. Surely restoring voter confidence is a higher priority than administrative convenience when it comes to demands from citizens for accurate elections.
In fact, in Washington state, when the hand recount of ballots was conducted for the 2004 Gubernatorial race, the ballots on DRE machines were never recounted because the parties recognized that a reprint of the DRE digital data would be meaningless as it would only regurgitate the same numbers stored in the machine memory. This is not an independent source of information needed for a real recount or audit.
The most strident opposition to voter verified paper ballots comes from some – not all - in the disabled community. Happily, there are solutions for these accessibility concerns with both optical scan and DRE machines that allow disabled voters to verify their ballots as well. Indeed, in Maryland three blind advocacy organizations have endorsed legislation and ongoing efforts to require voter verified paper ballots.
The Carter-Baker Commission is offering some hope, but that hope is being undermined by the make-up of the Commission and the way it is being administered. On the Commission is Ralph Munro the former Secretary of State of Washington. Unfortunately, Mr. Munro is currently the Chairman of the Board of VoteHere. VoterHere has invested over a million dollars in trying to capture the new “voter verification market” created by paperless e-voting. Rather than trust-inspiring voter verified paper ballots, VoteHere is marketing a cryptographic verification method – one that voters and even computer security experts will not be able to understand and that has not been tested in real elections.
Mr. Munro's company has spent hundreds of thousands of dollars lobbying against voter verified paper ballots. In New York, Roberto Ramirez, a longtime adviser and aide to Fernando Ferrer, the former Bronx borough president, is a partner in Mirram Global that is being paid $10,000 a month by VoteHere to “prevent a new law that requires paper ballots,” according to a contract on file with the New York Temporary State Commission on Lobbying. New York is just one of many states where VoteHere is lobbying against voter verified paper ballots.
While Mr. Munro could be an appropriate witness before an election reform commission, his obvious conflict of interest should keep him from serving on the commission itself. In reaction to this conflict we contacted the executive director of the Commission, Rob Pastor, to suggest a way to avoid this problem. We said:
“One suggestion that you might want to consider -- have Ralph Munro announce that he will recuse himself from discussion and decision making concerning voter verified paper ballots and other methods of verification. And, if there are other Commission members with a financial stake in this specific question they should take a similar step. Such a change is a reasonable way to avoid the appearance of a conflict of interest and would alleviate our concerns.”
Dr. Pastor has not yet responded. Instead, a commission staff member, Nicole Byrd responded suggesting that we merely write a formal comment to the Commission. This form letter response suggests a lack of concern that is inappropriate for someone in his position to conflicts of interest and appearances of impropriety that raise questions about his ethics and the ethics of the Commission. Sadly, having Mr, Munro who has a financial interest in blocking voter verified paper ballots in a decision-making role on this important issue diminishes the hopes of voters.
Another group that has expressed concerns about the make-up of the Commission, Velvet Revolution received an irate, threatening phone call from Dr. Pastor because thousands of citizens have sent emails to the Commission expressing concern about its make-up.
One piece of good news, yesterday Dr. Pastor met with Congressman John Conyers, Jr. Rep. Conyers will now have an open line of communication with the Commission. Unfortunately, that does not resolve the problem of corporate conflicts of interests embedded in the make-up of the commission.
Hopefully, President Carter will not let himself be influenced by the profit-based perspective of Mr. Munro and instead put voter's first. But, the reaction of the Commission to this obvious corporate conflict of interest leaves us concerned.
Further Information:
Brad Blog, Executive Director of National Election Reform Commission Goes Ballistic at BRAD BLOG!, April 19, 2005, http://www.bradblog.com/archives/00001337.htm
Montgomery County IT report is available on TrueVoteMD.org
Information on the New Hampshire recount is available on VoteNader.org
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Kevin Zeese is president of VoteTrustUSA. Linda Schade is Director of Communications for VoteTrustUSA and director of TrueVoteMD.org.
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Don't forget to check out articles from 2007 and 2008Election Issues
"An open letter to the Election Assistance Commission" December 25, 2005 John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
"Diebold hack proven in county test!" December 17, 2005 Glenn Yeagley
"Diebold Inc. in a tailspin after resignation of CEO and filing of a class action fraud lawsuit" December 17, 2005 VelvetRevolution.us
"Orr thinks machines make voting simpler, more secure " December 17, 2005 Mario Bartoletti
"Diebold "hack test" - Sec. State / Black Box Lawyer square off" December 10, 2005 Black Box Voting
"With new legislation, Ohio Republicans plan holiday burial for American Democracy" December 6, 2005 Bob Fitrakis & Harvey Wasserman
"Important daily voting news" December 4, 2005 John Gideon
"Poll shock" November 24, 2005 Robert C. Koehler, Tribune Media Services
"Ohio's Diebold Debacle: New machines call election results into question" November 24, 2005 Bob Fitrakis & Harvey Wasserman
"Diebold attempts to evade election transparency laws" November 20, 2005 Matt Zimmerman
"Supreme Court stabs another GOP knife into US democracy by upholding ex-felon vote ban" November 16, 2005 Bob Fitrakis and Harvey Wasserman
"Has American Democracy died an electronic death in Ohio 2005's referenda defeats?" November 11, 2005 Bob Fitrakis and Harvey Wasserman
"What John Kerry definitely said about 2004’s stolen election and why it's killing American democracy" November 10, 2005 Bob Fitrakis & Harvey Wasserman
"Scrap the "secret" ballot - return to open voting" November 5, 2005 Lynn Landes
"Clarification of NEDA's withdrawal of Ohio exit poll paper" November 5, 2005 Kathy Dopp
"Clarification of NEDA's withdrawal of Ohio exit poll paper" November 3, 2005 Kathy Dopp, National Election Data Archive
"Watergate-style money laundering indictments stoke Ohio's stolen election fires" October 28, 2005 Bob Fitrakis & Harvey Wasserman
"Powerful Government Accountability Office report confirms key 2004 stolen election findings" October 26, 2005 Bob Fitrakis & Harvey Wasserman
"Did you erase your own vote?" October 25, 2005 Warren Stewart, Director of Legislative Issues and Policy, www.VoteTrustUSA.org
"Why can't the left face the Stolen Elections of 2004 & 2008?" October 18, 2005 Bob Fitrakis and Harvey Wasserman
"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008" September 20, 2005 Bob Fitrakis & Harvey Wasserman
"Two Steps Forward, One Step Back" September 20, 2005 Warren Stewart, Director of Legislative Issues and Policy, VoteTrustUSA
"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes" September 19, 2005 Jason Leopold
"Ohio recount lawsuit set for trial; election workers indicted" September 4, 2005 Blair Bobier
"Ohio Governor's ethics violations expose money trail to stolen 2004 election" August 30, 2005 Bob Fitrakis & Harvey Wasserman
"Diebold's failure in California" August 7, 2005 John Gideon, Information Manager, www.VotersUnite.Org and www.VoteTrustUSA.Org
"Did the GOP steal another Ohio Election?" August 5, 2005 Bob Fitrakis and Harvey Wasserman
"Conyers-Kaptur seek special counsel for Noe probe" August 4, 2005 John Conyers, Jr. and Marcy Kaptur
"Dramatic new charges deepen link between Ohio's "Coingate," Voinovich mob connections, and the theft of the 2004 election" July 29, 2005 Bob Fitrakis & Harvey Wasserman
"None dare call it stolen - Ohio, the election, and America's servile press" July 24, 2005 Mark Crispin Miller, summarized by Mary Anne Saucier, Columbus, Ohio
"Civic Engagement and the Restoration of Community from a voter activist’s view" July 19, 2005 Terri Zins
"My report from Hocking County, July 5, 2005: An update on Sherole Eaton's unfolding Story" July 7, 2005 Victoria Parks, Ohio Backbone Campaign
"Handbook for Ohio Voter Activists, Version 2.0" July 7, 2005 Various activists
"Direct testimony: Presented to Election Assessment Hearing" July 4, 2005 Richard Hayes Phillips, Ph.D.
"Log Cabin Republicans in Ohio" July 4, 2005 Richard Hayes Phillips, Ph.D.
"With a limp election theft report, Dems prove why they're unworthy" June 28, 2005 Harvey Wasserman and Bob Fitrakis
"Voting problems and uncounted votes in Lucas County, Ohio" June 28, 2005 Justine Smith
"The DNC 2004 Election Report: An indictment of incompetence" June 25, 2005 Steven Rosenfeld and Bob Fitrakis
"Corporate control of the election process" June 22, 2005 John Gideon
"Introduction: Did George W. Bush steal America's 2004 election?" June 16, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Voter Confidence Committee Calls For Rejection of CA Special Election" June 16, 2005 Dave Berman
"Activists from 25 states lobby for paper ballots on June 9 and 10" June 10, 2005 VoteTrustUSA.org
"Fear of riffraff" June 10, 2005 Robert C. Koehler, Tribune Media Services
"Electoral Politics and the War: Lessons from 2004 and What the Anti-War Movement Should do in 2006" June 8, 2005 Kevin Zeese
"Optical scan machines hacked in Florida" June 2, 2005 Black Box Voting
"Does ES&S really want to sell the Automark machines?" May 28, 2005 John Gideon
"Attack on election board whistleblower and leaked Blackwell threats re-fire Ohio's election theft scandal" May 23, 2005 Bob Fitrakis and Harvey Wasserman
"Franklin County, Ohio Election Procedures – April and May 2005" May 6, 2005 Paddy Shaffer
"Carter Gets It – But Will His Electoral Commission?" April 24, 2005 Kevin Zeese and Linda Schade
"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox" April 24, 2005 Mike Swinford
"Electoral reform groups call for James Baker's resignation from electoral reform commission" April 17, 2005 Ilene Proctor
"National Conference on Election Reform Opens with Civil Rights Panel" April 13, 2005 Abigail Thorton
"View from Another Planet" April 13, 2005 Josh Mitteldorf
"Democrats! Paper “Trails” Aren’t Good Enough. Count The Damn Ballots!" April 12, 2005 Lynn Landes
"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!" April 1, 2005 Lynn Landes, Online Journal Contributing Writer
"Scientific Analysis Suggests Presidential Vote Counts May Have Been Altered" March 30, 2005 US Vote Counts
"As Blackwell Says, Ohio’s in 2004 was a National Model" March 24, 2005 Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman
"Understanding the difference between paper ballots and paper audit trails" March 20, 2005 Gary Beckwith
"Save Our Democracy" March 16, 2005 John Irwin
"Republicans maneuvering to get Voting Rights Act killed" March 10, 2005 Rev. Jesse L. Jackson, Sr.
"Legal filing highlights Blackwell's hypocrisy in Ohio recount case" March 7, 2005 Blair Bobier
"Selma 40 Years Later" March 6, 2005 Rev. Jesse L. Jackson, Sr.
"Exit Poll Madness - Analyst Steve Freeman & Company Offer False Choice" March 4, 2005 Lynn Landes
"Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws" March 3, 2005 Robert Butler
"The New Voting Rights Movement Begins Here Today" March 2, 2005 Steven Rosenfeld
"Voting in America" February 28, 2005 Bob Babson
"The Mighty Texas Strike Force" February 28, 2005 Nick Mottern - Documentary News Service
"Blackwell presidential election sanctions briefs" February 22, 2005 Various individuals
"Representative Conyers and others file amicus brief in Ohio Supreme Court" February 17, 2005 Dena Graziano
"Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing" February 12, 2005 Office of Rep. Tubbs Jones
"Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls" February 3, 2005 Steve Rosenfeld and Harvey Wasserman
"Prominent Statisticians Refute 'Explanation' of 2004 U.S. Exit Poll Discrepancies in New Edison/Mitofsky Report and Urge Investigation of U.S. Presidential Election Results" January 31, 2005 Bruce O'Dell
"The last man to concede..." January 29, 2005 Sheila Samples
"Report on Washington DC, January 6, 2005" January 25, 2005 Avram Friedman
"Arkansas in 2004: Did Bush Really Win?" January 24, 2005 Max Standridge
"New links" January 23, 2005 Free Press staff
"Voting Problems and Uncounted Votes in Lucas County, Ohio" January 23, 2005 Justine Smith
"Plan B: Parallel Elections & Signed Ballots" January 20, 2005 Lynn Landes
"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr." January 20, 2005 Representative John Conyers, Jr.
"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr." January 20, 2005 Representative John Conyers, Jr.
"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team" January 19, 2005 Steve Rosenfeld and Harvey Wasserman
"What are they hiding in New Mexico?" January 18, 2005 Warren Stewart, National Ballot Integrity Project
"In the Shadow of Dr. King, counting the vote remains a civil rights issue" January 17, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Did the “Liberal Media” Get the 2004 Election All Wrong?
" January 16, 2005 Gene C. Gerard
"'COUNT EVERY VOTE. EVERY VOTE COUNTS'" January 16, 2005 Mary Anne Saucier
"Moss v. Bush moves on and movement continues" January 13, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Rally Continues Drive for Democracy" January 9, 2005 Mark Huntress
"Estimated vote count in Ohio" January 8, 2005 Richard Hayes Phillips, Ph.D.
"January 6 Washington, D.C. rally report" January 8, 2005 Nick Mottern
"Together, we moved three mountains" January 8, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"What the election challenge means" January 8, 2005 David Swanson, ILCA
"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally" January 7, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Arnebeck letter to Congress re Presidential Electoral Challenge" January 6, 2005 Clifford O. Arnebeck, Jr.
"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election" January 6, 2005 Free Press staff
"The "Crime of November 2": The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)" January 5, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Status Report of the House Judiciary Committee Democratic Staff" January 5, 2005 U.S. Rep. John Conyers and staff
"Seven key reasons why the vote must be challenged at the electoral college" January 3, 2005 Rev. Jesse Jackson, Rainbow/PUSH Coalition
"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)" January 3, 2005 Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Verified election contest petitions and documents in Ohio Supreme Court " January 2, 2005 The undersigned
"Distribution of voting machines by county in Ohio" January 1, 2005 Andy Shifflette
"Did We Bounce An Election?" January 1, 2005 Warren Stewart, votersunite.org
"Presidential election congressional hearing transcript" January 1, 2005 Congresspeople Waters, Tubbs-Jones and Conyers and others
Selected articles from 2004
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico" December 31, 2004
"Impossible Phantom Votes in New Mexico
" December 30, 2004
"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data" December 29, 2004
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray" December 28, 2004
"Another third rate burglary" December 25, 2004
"Hacking the vote in Miami County" December 25, 2004
"Update from the Ohio Frontlines" December 24, 2004
"Lawsuit Before the Ohio Supreme Court" December 24, 2004
"Kerry votes switched to Bush and ballots pre-punched for Bush" December 24, 2004
"Uncounted votes in Cuyahoga County" December 24, 2004
Related Journal articles:
"GAO report documents how easy it is to hack the vote" November 15, 2005
"J30 Election Reform Coalition" March 21, 2005
"The Un-mighty New Hampshire Jam Force" March 21, 2005
"Petro sanctions democracy" March 21, 2005
"Progressives helped concede election by conceding the moral high ground" March 21, 2005
"We will not concede, or get over it, but we shall overcome" January 23, 2005
"From Selma to Palm Beach to Columbus" January 23, 2005
"Movement Heroes" January 23, 2005
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