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September 09, 2010 Providing legal resources and election news to California election officials and the attorneys who represent them. |
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« July 2005 | Main | September 2005 » August 31, 2005 "San Joaquin keeps its touch-screen voting""San Joaquin County is going to stay with the Diebold Inc. touch-screen voting system and let the company iron out its problems, said the county's registrar of voters, Deborah Hench. "The state is willing to retest them at any time," she said. During a test in July, the secretary of state determined there were problems with the Diebold system. Hench said the problems -- paper jams and screens freezing up during the voting tests -- weren't as bad as reported. During the July test, about nine of 96 machines had paper jams, and 21 screens froze, she said." Here is the article. Posted by Randy Riddle at 9:15 AM | Permalink. . . "Bars go up at county election office""After a contested election, a court battle and a civil grand jury inquiry, the Napa County elections office has put the last piece in place to upgrade security when it is counting ballots. About 3 feet of heavy metal grating was installed recently between the top of existing interior walls and the ceiling of the office. Motion detectors, an improved lock and identification system and other improvements were made last year following allegations that security breaches may have allowed some ballots to be tampered with or even changed after the close race between former Napa County Supervisor and his successor, Harold Moskowite. Those allegations were never proven, but pressure to make the changes persisted. Napa County Registrar of Voters John Tuteur instituted the changes in the wake of last year's controversy. After Moskowite apparently eked at a narrow upset of Rippey, Rippey went to court to challenge the outcome. One focus of the trial was whether Tuteur's office had properly handled and secured ballots." Here is the article. Posted by Randy Riddle at 8:47 AM | Permalink. . . "Judge mulls Cupertino ballot-argument flap""Santa Clara County Superior Court Judge Kevin E. McKenney will decide sometime in the next few days whether to allow Rep. Mike Honda (D-Campbell), Santa Clara County Sheriff Laurie Smith and former state Assemblyman Jim Cunneen to endorse arguments against three growth-limiting ballot initiatives in Cupertino. City Attorney Chuck Kilian maintains the three officials do not meet criteria to be listed in ballot arguments laid out in the California Elections Code. Kimberley Smith, the city clerk, removed the names from the ballot arguments earlier this month. The Advocates for a Better Cupertino, a citizens group opposing the initiatives, sued to have the names included. Rich Robinson, a member of the group who also is named as a plaintiff in the suit, said the way the city has interpreted the elections code is unconstitutional." The article is here. Posted by Randy Riddle at 8:45 AM | Permalink. . . "Lawsuit filed on ballot description""Minuteman Project founder Jim Gilchrist said Tuesday that he filed a lawsuit against Secretary of State Bruce McPherson and Orange County Registrar of Voters Steve Rodermund for refusing to print the group under his name on the 48th District special-election ballot." You can read the complete article here. Posted by Randy Riddle at 8:35 AM | Permalink. . . Mercury News Editorial In Support of SB 370"A paper trail, both during an election and afterward, is essential to ensure the integrity of electronic voting. A bill requiring the use of paper ballots during a post-election recount is heading toward the governor's desk. Despite the opposition of Secretary of State Bruce McPherson, Gov. Arnold Schwarzenegger should sign it." You read the full editorial here. Posted by Randy Riddle at 8:33 AM | Permalink. . . Suit filed over bond measure pamphlet"Supporters of a West Contra Costa school bond measure have filed suit over what they claim is false information written for the voters pamphlet by the measure's opponents. Measure J would bring in an additional $400 million to renovate three high schools and 13 elementary schools if 55 percent of voters approve the property tax Nov. 8. The measure would become the fourth district bond passed since 1998 for a total of $890 million in authorized bonds. Michael Mahoney, the district's bond oversight committee chairman, filed a writ of mandate late last week in Contra Costa Superior Court complaining the argument against the measure contains factual errors. "I just wanted to make sure the ballot argument was correct," Mahoney said. Tom Lynden said he and other opponents who wrote against the bond took information from the district's June 2004 performance audit. The review tracks the 32,000-student district's $550 million campus overhaul of 22 schools and includes projections for renovating more campuses." You can read the Contra Costa Times article here. Posted by Randy Riddle at 8:22 AM | Permalink. . . August 30, 2005 "NFL linked to ballot initiative""A Los Angeles law firm that represents the National Football League had a hand in drafting a proposed ballot initiative to revive the city's bid for a pro football team. According to documents obtained by the Star-News, the firm of Latham & Watkins reviewed a draft copy of the initiative and suggested changes to help make the measure more palatable to the league and consistent with state land-use laws. NFL spokesman Brian McCarthy acknowledged Tuesday the league made its attorneys available to the initiative's proponents "to make sure they were aware of our position and to make sure they were aware of league policies as it relates to stadium development. Previously, the league would only say NFL officials had been "monitoring' the situation. One of the attorneys who provided advice on the initiative was George Mihlsten, a senior partner at Latham & Watkins and lead attorney for the NFL in Southern California." You can read the story here. Posted by Randy Riddle at 9:01 PM | Permalink. . . "Felton man pushing to nullify vote""Felton resident Patrick Dugan wants a judge to throw out the results of Measure W, the July 26 special election on Felton's waterworks. An $11 million bond for a public buyout from California American was approved by 74 percent, but Dugan contends county officials made two mistakes big enough to nullify the 130-vote victory margin. In a lawsuit filed Thursday in Superior Court, Dugan challenged the boundaries of the 2,526-voter district, contending people, who are not Cal Am customers were allowed to cast ballots. "At least a few hundred, perhaps well over 1,000, were balloted on Measure W who should not have been," the suit alleges. Dugan also claimed the county "corrupted the electoral process" by offering to exempt voters whose water comes from private wells rather than Cal Am. A hearing date has not been set, and the case may not be resolved before tax bills are mailed in mid-October." You can read the story here. Posted by Randy Riddle at 8:42 PM | Permalink. . . SB 370 to GovernorSB 370 -- which provides that the paper audit trail record would prevail over the DRE electronic record in any recount (including the mandatory one percent manual recount) -- been approved to the Legislature and sent to Governor Schwarzenegger. Posted by Randy Riddle at 7:13 AM | Permalink. . . "Senate OKs security requirements for voting machines""Legislation establishing security requirements for electronic voting machines — including a requirement that they not be linked to the Internet — was approved Monday by the state Senate. The 33-0 vote returned the measure by Assemblyman Tom Umberg, D-Santa Ana, to the Assembly for a vote on Senate amendments. Current law requires electronic voting machines used in California to provide a paper record of votes cast to ensure that the machines accurately record votes. Umberg's bill would require election officials to keep those paper records as long as they would paper ballots. It also would: _ Require the machines to enable voters to verify how they voted but would not allow voters to take home a paper record of their votes. Bill supporters said that would discourage the selling of votes. _ Require the secretary of state's office to conduct random audits of voting machine software. _ Prohibit electronic voting machines from being connected to the Internet, being capable of receiving or transmitting a wireless transmission or from receiving or transmitting voting results through telephone lines or another exterior communication network. Those steps are designed to prevent tampering. "The potential for fraud makes this one of the most important bills we will deal with this year in terms of ensuring the integrity of voting systems," said Sen. Debra Bowen, D-Redondo Beach."
Posted by Randy Riddle at 7:09 AM | Permalink. . . August 26, 2005 "Justice Dept. OKs Georgia's voter ID law""The Justice Department on Friday approved a controversial Georgia law requiring voters to show photo identification at the polls, and opponents immediately vowed to challenge the measure in federal court. The decision, written by John Tanner, chief of the department's voting section, says that while Attorney General Alberto Gonzales doesn't object to the law, approval doesn't preclude lawsuits against it. "It's not over yet. We will pursue litigation in federal court," said state Rep. Tyrone Brooks, chairman of the Georgia Association of Black Elected Officials, which earlier had filed an objection to the law with the Justice Department." You can read the AP story here. Update: Here is a summary of the DOJ determination: SUMMARY OF SECTION 5 PRE-CLEARANCE OF GEORGIA ID SUBMISSION Issue: The Civil Rights Division's pre-clearance without objection (pursuant to Section 5 of the Voting Rights Act) of Georgia's amendment to its state voter identification statute, which now requires that voters either: (i) show one of six specified forms of photo identification if voting in person, or (ii) vote by provisional ballot. Section 5 review: The standard of review by the Attorney General under the Voting Rights Act is whether the change in voting will have a retrogressive effect on minority voters. With the exception of objections, the career Chief of the Voting Section is authorized by federal regulation to make final determinations under Section 5 on all submissions. 28 C.F.R. section 51.3. The Georgia Bill: The State of Georgia's ID bill is actually an amendment to a voter ID law first passed by the State in 1997. The 2005 amendment reduces the number of acceptable ID's from 17 to 6. Acceptable forms of ID are now: (1) a Georgia drivers license; (2) a photo ID issued by local, state or U.S. government; (3) a U.S. passport; (4) an employee photo ID issued by local, state or U.S. government; (5) a U.S. military photo ID; or (6) a tribal photo ID. No Retrogressive Effect: The Civil Rights Division found that the new ID requirement had no retrogressive purpose or effect, nor is there any evidence for that matter that voter ID requirements have a negative effect on the turnout of any voters (including minorities). - In the November 2000 election, the first presidential election in which Georgia's (original ID requirement was in effect), the Census Bureau reported that turnout of eligible black voters went up from the 1996 election, from 45.6 % to 49.6 %. - There are almost 4 1/2 million registered voters in Georgia out of a voting age population of 6 1/2 million, and there are over 6 1/2 million drivers licenses/photo ID’s issued to Georgia residents by the Georgia Department of Drivers Services (DDS), which are only two of the 6 acceptable forms of ID under the statute. - More whites than blacks live in Georgia counties without a DDS office; the ID bill thus will actually have a greater impact on white voters than black voters. - For the very small number of Georgians who do not have a photo ID or live in counties without a DDS office, the state is implementing a mobile van licensing program that will issue ID's all over the state, the Georgia Licensing on Wheels (GLOW) program. Groups and organizations organizing voter registration drives will be able to request participation by the GLOW program. - Indigent voters will not be charged for obtaining a state photo ID. - Voters who show up at polls without one of the 6 forms of acceptable photo ID will receive provisional ballots and will have 48 hours to provide ID to local election officials. - In the November 2004 presidential election, when the new HAVA ID requirement was first effective, the Census reports that the turnout of black voters in Georgia went up again, from 49.6 % to 54.4 %. - Beginning in 2004, the Help America Vote Act (HAVA) began requiring that individuals who registered to vote by mail must provide ID documents: (i) upon registration; or (ii) at the polling place the first time they vote. - Congress clearly recognized the importance of ID requirements in securing the integrity of elections and obviously did not believe that such requirements had any discriminatory effect on minority voters. - In the November 2004 election -- the first time these HAVA voter ID requirements were applied nationwide -- turnout by citizens eligible to vote in the presidential election was over 60%, the highest turnout since the 1968 presidential election. - HAVA's ID requirement also had no effect on voter registration. Indeed, the U.S. Election Assistance Commission estimates that there were 13 million new voters in 2004, an increase of 8% from the 2000 election. - HAVA specifically provides that states can impose stricter ID requirements than those mandated in HAVA. - Numerous states other than Georgia such as South Carolina, Florida, Alabama, Louisiana, and Virginia have identification requirements, none of which had a negative effect on the turnout of minority voters. - South Carolina, another state with a large minority population subject to Section 5, has a stricter ID law than Georgia, only allowing two forms of identification. Posted by Randy Riddle at 7:17 PM | Permalink. . . SB 370 one step closer to passageSB 370 -- which provides that the paper audit trail record would prevail over the DRE electronic record in any recount (including the mandatory one percent manual recount) -- has been passed by the Assembly and now goes back to the Senate for concurrence in the Assembly's amendments. The Secretary of State has expressed his opposition to this bill. Posted by Randy Riddle at 8:33 AM | Permalink. . . Electionline.org on California court ruling prohibiting fax votingFrom the electionline.org Weekly article: "Overseas voters in California who used fax machines to cast ballots last year could be reverting to envelopes and mail boxes if a ruling issued last week by a superior court judge stands. More than 5,000 military and overseas voters --about 11 percent of total overseas voters -- took advantage of a state law allowing them to cast fax ballots, provided they signed a form indicating that they waive their right to secrecy. Last week, a California judge ruled that state law enacted in 2004 allowing overseas voters to return ballots via fax violates the state constitution. State Superior Court judge Lloyd Connelly ruled that the law, Election Code section 3103.5, conflicted with the state's constitution and issued an order barring the practice. The state attorney general's office said the secretary of state's office has filed an appeal. The implications of the California decision-- if it is upheld -- could be felt far beyond the state's borders. According to the Federal Voting Assistance Program's 2004-2005 Voting Assistance Guide, 18 other states allow overseas voters to cast ballots by fax." Posted by Randy Riddle at 8:20 AM | Permalink. . . "Woman Sued Over Ballot Argument""A Calabasas woman who volunteered to write the sample ballot argument against a controversial 152-acre resort and conference center planned next to sensitive Santa Monica Mountains parkland has been sued by the project's developer. A Los Angeles Superior Court lawsuit accuses homemaker Mary Hubbard of making false and misleading statements about the project, which developer Brian Boudreau hopes to build in a valley between Malibu and Calabasas. "I think this is a blatant attempt to intimidate me and anybody else who may voice an opinion against this development," said Hubbard, 45, who heads her neighborhood's Malibu Canyon Community Assn." You can read the LA Times story here. Posted by Randy Riddle at 7:20 AM | Permalink. . . Ballot won't identify candidate as Minuteman Project founderThe Orange County Register story explains: "California Secretary of State Bruce McPherson has ruled that Minuteman Project founder Jim Gilchrist cannot have his leadership of that group under his name on the 48th Congressional District special-election primary ballot. The state's chief election officer also found that Republican Ed Suppe cannot list "veteran" under his name. In both cases, the secretary determined that those ballot designations violated the election code, which says the candidate label must be a "principal profession, vocation or occupation." Posted by Randy Riddle at 7:16 AM | Permalink. . . Santa Cruz asks residents to rate new voting machinesFrom the Santa Curz Sentinel story: "As the county readies for new voting systems in 2006, it is asking voters to grade six possible new voting machines. County Clerk Gail Pellerin’s office will host demonstrations of the machines, aimed at accommodating disabled citizens, Tuesday in Watsonville and Wednesday in Santa Cruz. But the demonstrations are for all voters as well, while the county mulls updating its voting system. Residents are being asked to rank the machines by a survey at the demonstrations. "We’re trying to sift through all the data and make the best decision we can," Pellerin said. "The public is a key part of that." The six systems are made by Accupoll, Diebold, ES&S, Hart, IVS and Sequoia." Posted by Randy Riddle at 7:14 AM | Permalink. . . August 25, 2005 Florida Secretary of State rescinds approval on redistricting ballot initiative""The Department of State rescinded its approval Thursday of a ballot initiative that would change the way the state's political lines are drawn, saying it is six words too long. The petition is one of three the Committee for Fair Elections is circulating to ask voters to create an independent redistricting panel and set standards it should follow. The group already has more than 223,000 signatures to put the items on next year's ballot." The full article is here. Posted by Randy Riddle at 8:09 PM | Permalink. . . New Election BlogElection Updates describes itself as a "blog about election reform, voting technology and election administration. We plan on trying to keep this blog updated regularily with postings about new research and studies, with links and commentary when new reports and analyses are available, and when our own work is published or made available." Posted by Randy Riddle at 12:33 PM | Permalink. . . NIST Workshop on Threats to Voting SystemsFrom the NIST workshop description: "NIST will lead an outreach effort in coordination with election officials, voting system experts, security threat experts, and the public and private sector to develop and disseminate an analysis of threats to voting systems. Examples of such voting systems include Direct Recording Electronic (DRE) systems, systems using voter verified audit trail technology, optical scan voting systems, and ballot marking devices. The goal of the workshop is to solicit and gather threat analysis material and to gather critical analysis of the collected threats, their plausibility of various scenarios, assumptions made, and what lessons can be learned as a result of the analysis. Participants in the workshop will be expected to understand the collected materials and participate in the critical analysis and conclusions. In particular, participants will be asked to comment on the ramifications of the threat analysis materials so that this may result in general requirements for the security of voting systems. NIST will use the results of the workshop to develop security and related usability requirements for future iterations of the Voluntary Voting System Guidelines (VVSG). The proceedings of the workshop will be published." The workshop is scheduled for October 7 in Gaithersburg, MD. Posted by Randy Riddle at 12:26 PM | Permalink. . . August 24, 2005 Groups Urge DOJ to Reject Georgia Voter I.D. BillFrom the civilrights.org website: "Major civil rights leaders are opposing Georgia's recently enacted voter identification law, which the U.S. Department of Justice (DOJ) is currently reviewing pursuant to the federal preclearance requirements of Section 5 of the Voting Rights Act. According to Julian Bond, chairman of the NAACP, the I.D. statute is "highly detrimental to the very rights that the [Voting Rights] Act was designed to protect." The law, House Bill 244, was passed on April 22. It requires that all prospective voters present a state-issued photo identification at the polls before being allowed to cast their ballot. Georgia previously accepted 17 forms of voter I.D., including a birth certificate or a Social Security card. However, Section 5 of the Voting Rights Act requires that any voting changes by certain states, including Georgia, obtain federal pre-approval before they can be implemented. Under DOJ's guidelines, a voting change will not be approved if it would adversely affect the voting rights of language or racial minorities. In a letter sent to the DOJ on July 7 - signed by more than twenty national civil rights organizations including the Lawyers' Committee for Civil Rights Under Law, People for the American Way, and the Georgia chapters of AARP and the ACLU - civil rights groups argue that the I.D. bill would have an adverse impact on minority voters in the state and should therefore be rejected by DOJ." Posted by Randy Riddle at 2:58 PM | Permalink. . . Justice Department Settles Voting Rights Lawsuit Against Texas CountyFrom the DOJ Press Release: "The Justice Department announced today that it filed a lawsuit against Ector County, Texas, alleging violations of the rights of minority- language voters under the Voting Rights Act. The Department simultaneously filed a consent decree resolving the lawsuit against the county. Section 4(f)(4) of the Voting Rights Act requires that certain jurisdictions with a substantial minority-language voter population must provide all voting materials and assistance in the minority language as well as in English. The complaint, which was filed in the U.S. District Court for the Western District of Texas, alleges that the county failed to meet its legal responsibilities under section 4(f)(4) to provide effective assistance to Spanish-speaking voters at the polls. "By promptly agreeing to implement an extensive and effective remedial plan, Ector County officials have demonstrated a real commitment to addressing past problems and protecting the voting rights of their minority-language citizen voters," said Bradley J. Schlozman, Acting Assistant Attorney General for the Civil Rights Division. The consent decree with Ector County, which still must be approved by a federal judge, requires that the county implement procedures that will ensure compliance with federal law and permit the Justice Department to monitor future elections." Posted by Randy Riddle at 12:35 PM | Permalink. . . "Partial recount vindicates San Diego voting machines""Voting machines that critics have labeled unreliable work after all. A partial recount yesterday to test the accuracy of scanners that read ballots and tallied votes in the San Diego mayor's race July 26 revealed results that were nearly identical to those of the machines. For example, a discrepancy of perhaps one vote occurred in a few precincts. "This is what you would expect in a properly conducted election," San Diego County Registrar of Voters Mikel Haas said. "I think the people of San Diego can take comfort, if they had doubts at all, about the conduct of the election." The full article is here. Posted by Randy Riddle at 11:27 AM | Permalink. . . EAC Adopts Initial Procedures for Voting System Certification"The U.S. Election Assistance Commission (EAC) today adopted an initial framework for the nation's first federal voting system certification and laboratory accreditation programs. This is the first step in the transition of these programs from the National Association of State Election Directors (NASED). “Certifying test labs and voting systems is a significant and extremely important responsibility. EAC has adopted procedures at the onset to ensure that election officials and voters use voting systems that are accurate and reliable,” said EAC Chair Gracia Hillman. “The goal to make sure that every vote is counted accurately and fairly begins here, and we will make sure this process is transparent every step of the way.” The full press release is here. Thanks to Ernie Hawkins for bringing this to my attention. Posted by Randy Riddle at 8:20 AM | Permalink. . . August 23, 2005 "Touch-screen voting units to be tested""A county elections board has asked a team of computer experts to test its recently purchased touch-screen voting machines to ensure that the devices' programs are sound. The San Francisco-based Election Science Institute said it will run simulations of what the machines would handle during an election. Critics worry that the electronic machines could be susceptible to fraud through computer hacking or programs within the machine that could alter votes. The Franklin County Board of Elections has agreed spend $15.1 million for more than 4,500 touch-screen voting machines from Election Systems & Software Inc., with the Omaha, Neb., company set to deliver the devices by May." The complete story is available here. Posted by Randy Riddle at 3:51 PM | Permalink. . . "Recount Focuses On Ballot Machine Accuracy""Workers at the San Diego County Registrar's Office are recounting ballots from the July 26 special election Tuesday, after a citizen's group raised concerns about the optical scan machines used in the election. The Citizens Audit Parallel Election is keeping their own count during the ballot recount of 32 precincts. The group is paying the $6,000 bill for the recount, as well. "Taxpayers have already paid for the special election," Registrar of Voters Mikel Haas said. "This is a situation where if you want a recount, you pay for it. If it changes the outcome of the race, however, you get your money back." You can read the rest of the article here. Posted by Randy Riddle at 3:23 PM | Permalink. . . Proposition 77, the Florida variation: "6 words may block overhaul of redistricting""A citizen initiative to keep lawmakers out of the process has 81 words. The limit is 75. A push to strip the Legislature of its power to draw political districts and give it to an independent commission has hit a snag: One of the proposals has too many words. Under state law, ballot language for citizen initiatives to amend Florida's Constitution can't exceed 75 words. The petition in question, one of three the Campaign for Fair Elections is trying to get on the November 2006 ballot, has 81 words." You can read the rest of the article here. Does an 81 word measure constitute substantial compliance with a 75 word statutory limit? Posted by Randy Riddle at 6:50 AM | Permalink. . . August 22, 2005 EAC Public Meeting AdvisoryHere is the EAC Notice: "SECOND ADVISORY Contact: Bryan Whitener EAC Public Meeting & Hearing in Denver, CO A live webcast of the events can be accessed at www.eac.gov. AGENCY: U.S. Election Assistance Commission (EAC) DATE & TIME: LOCATION: Adam's Mark Hotel, 1550 Court Place, Denver, CO 80202, (303) 893-3333 MEETING AGENDA EAC will receive presentations on the voting system certification and laboratory accreditation processes and discuss public comments received regarding the proposed voluntary voting system guidelines. HEARING AGENDA EAC will solicit comments on the proposed voluntary voting system guidelines and receive presentations from local election officials, community interest groups and accessibility specialists. PUBLIC COMMENT PERIOD After presentations are concluded, members of the public will be able to comment on the voluntary voting system guidelines. Members of the public who wish to speak should visit the following link for details on how to participate: August 23 EAC Public Hearing The EAC Standards Board Will Convene Separately as Follows DATE & TIME: Tuesday, August 23, 6:30 P.M. through Thursday, August 25, 5:00 P.M. LOCATION: Adam's Mark Hotel, 1550 Court Place, Denver, CO, (303) 893-3333 MEETING AGENDA: The EAC Standards Board, as required by the Help America Vote Act of 2002, will meet to consider the voluntary voting system guidelines proposed by EAC and to provide updates on current activities. To learn more about the EAC, please visit www.eac.gov." Posted by Randy Riddle at 2:56 PM | Permalink. . . "Court boosts governor's agenda, confusion"You can find the complete editorial on the Supreme Court's action in the Proposition 77 case here. Posted by Randy Riddle at 11:59 AM | Permalink. . . August 20, 2005 Secretary McPherson Appoints Caren Daniels-Meade as Elections Division Chief"Secretary of State Bruce McPherson announced today the appointment of Caren Daniels-Meade to Chief of the Elections Division, effective immediately. Ms. Daniels-Meade will be responsible for the oversight and management of the activities within the Elections Division. You can read the complete press release here. I had the good fortune to work with Caren Daniels-Meade during my tenure as Chief Counsel. Like former Elections Chief John Mott Smith, Caren is a bright. talented and committed professional who will perform her duties as Elections Chief with energy and integrity. Caren and Assistant Secretary of State Brad Clark (my former Registrar) form a strong leadership team to confront the complex election issues facing California. Posted by Randy Riddle at 1:03 PM | Permalink. . . "Diebold hires top Dem for PR blitz""With a phone call and a retainer, Diebold CEO Walden O'Dell has launched former Democratic National Committee chairman Joe Andrew on a 50-state ambassadorship for electronic voting. O'Dell said he ``wanted to reframe some of the issues,'' Andrew said. His first stop: California, the nation's largest market for voting machines and the place where Diebold's fortunes as the largest supplier of electronic-voting machines in the nation could be made or broken. ``Even if you have tremendous success every place else,'' said Andrew, ``if you can't sell technology in California, you're in trouble.'' The rest of the voting industry is selling technology here. Millions in federal dollars sit ready for counties to put at least one high-tech, handicapped-accessible voting machine in every polling place by January. But in California, Diebold can't sell its touchscreen voting machine, the AccuVote TSx, nor can counties that bought thousands of the machines in 2003 used them in elections." You can read the complete story here. Posted by Randy Riddle at 10:17 AM | Permalink. . . August 19, 2005 Court Prohibits Counting of Faxed Overseas BallotsThe Sacramento Superior Court has issued a writ of mandate prohibiting the counting of overseas ballots returned by fax pursuant to Elections Code section 3103.5. That section provides that a faxed ballot may not be counted unless the voter signs an oath acknowledging that by faxing his or her ballot, the voter is waiving the right to cast a private ballot. Judge Lloyd Connelly found that the waiver violates Article II, Section 7 of the California Constitution, which provides that "[v]oting shall be secret." The matter was decided by the Sacramento Superior Court upon a transfer order issued by the California Supreme Court last fall. The Secretary of State has appealed the judgment. Interestingly, the writ is directed to the Secretary of State. But absentee ballots are issued by, and retunred to, local election officials, none of whom were named as respondents in the case. Posted by Randy Riddle at 5:44 PM | Permalink. . . "Deadline Schmedline"From Dan Weintraub: "Aides to Assembly Speaker Fabian Nunez have put out a statement this afternoon arguing that tonight's deadline for agreeing on measures to go on the Nov. 8 ballot is flexible, and perhaps there are still 8 days or so for the governor and legislators to agree on a compromise slate of ballot proposals." You can read the full item here. Posted by Randy Riddle at 9:53 AM | Permalink. . . "New Data Suggests Vote Centers Boost Turnout""The movement from precinct-based voting to regional "vote centers" has its boosters in the election community, namely officials seeking to save money, hire fewer workers and offer voters with disabilities unfettered access to any jurisdiction's center. New research from a political scientist indicates they could boost voter turnout as well." You can see the entire electionline.org story here.
Posted by Randy Riddle at 8:42 AM | Permalink. . . Challenge to San Diego Campaign Finance Ordinance"A politically conservative business group is challenging in federal court parts of San Diego's election ordinance that restrict businesses and individuals from pooling funds to independently spend money in the city's elections. The Lincoln Club of San Diego's complaint seeks to allow groups of businesses and individuals to freely combine their resources in order to independently promote candidates in city elections. "This suit is about freedom of speech and challenging the city's restrictions that we think are unconstitutional," said Chris Niemeyer, the organization's executive director. A single individual is allowed to independently spend an unlimited amount of money to support a candidate for election through direct mail, billboards or radio ads, but when individuals pool their resources together, independent expenditures are limited to a rate of $250 per person. Additionally, a single business is also allowed to spend an unlimited amount independent of a specific candidate's campaign, but is prohibited from pooling with other businesses or persons to fund the same thing." You read the rest of the article here. Posted by Randy Riddle at 8:17 AM | Permalink. . . "Fault for not filing rests with board incumbents""Instead of a spirited race for four seats on the Modesto City Schools board, it appears there will be no race at all and two incumbents who intended to run will lose their seats at the end of the year. Cindy Marks, who has served two terms on the school board, and Robin Brown, who was appointed in May 2003 and elected to a short term that fall, did not return their candidacy paperwork by the Aug. 12 deadline. Both women contend that they got wrong information from the city clerk's office, leading them to believe they had until Wednesday of this week to file for re-election. Regardless, the state election code is perfectly clear and it affects every contest from the Legislature to the smallest special district: The filing period is extended only in races where the incumbent did not file, and then only for challengers." Here is the full story. Posted by Randy Riddle at 8:09 AM | Permalink. . . "Man submits 2-for-1 ballot argument""In an unusual political twist, a Livermore resident has used a ballot argument opposing city participation in a Tri-Valley sewage-export expansion project to endorse candidates for mayor and City Council. Doug Mann -- a longtime advocate of city slow-growth policies -- submitted his ballot argument against the pipeline measure this week after the council unanimously approved an argument urging voters to adopt it." You can read the complete story here. If this matter goes to court, the issue will be whether statements endorsing city council candidates truly constitute an argument against the measure. Posted by Randy Riddle at 7:08 AM | Permalink. . . "Lockyer's summary of anti-gay marriage measure upheld""Gay-rights advocates scored a legal victory Thursday when a judge left largely intact Attorney General Bill Lockyer's summary of a ballot measure that would outlaw same-sex marriage and repeal newly established rights for domestic partners. Sponsors of the proposed state constitutional amendment argued that Lockyer -- a Democrat who supports gay rights -- stacked the deck against the measure with an official description that exaggerated and distorted its effect on domestic partners and underplayed its effect on marriage. But Sacramento Superior Court Judge Raymond Cadei said the formal title -- "Marriage. Elimination of Domestic Partnership Rights" -- accurately reflected a principal effect of the measure: nullifying recent state laws that granted registered domestic partners many of the same rights as spouses." You can read the complete story here. Posted by Randy Riddle at 6:54 AM | Permalink. . . "Deadline Passes for Deal on Initiatives"You can read the complete article here. Posted by Randy Riddle at 6:51 AM | Permalink. . . August 18, 2005 "Secretary of State Bruce McPherson Insists on User-Friendly Voting Machines For Disability Community ""In his first trip to the FREED Center for Independent Living as Secretary of State, Bruce McPherson met with members of the disability community to discuss his vision to make voting user-friendly for all Californians. Secretary McPherson listened to the community's concerns and recommendations for making voting more accessible for those with special needs. "Securing full access to the polling place is a top priority for my administration. I will do my best to assure that voters are able to vote privately, securely and independently," said Secretary Bruce McPherson. "All voters need to be able to verify that their votes have been cast accurately." You can read the Secretary's full press release here. Posted by Randy Riddle at 4:01 PM | Permalink. . . Status of State Election LegislationHere is the status of significant election-related Senate bills. I will provide an update on Assembly bills in the near future: SB 11 would limit political activities of the Secretary of State, and prohibit contributions from election system vendors to candidates for state and local office. Status: Passed the Senate, in the Assembly Committee on Elections and Redistricting. Status: Chaptered by Secretary of State. Chapter 113, Statutes of 2005. SB 117 requires elections officials to provide absentee voters with a business reply envelope in which to return a completed ballot, thereby paying the costs of postage for these ballots. Status: Passed the Senate, in the Assembly Appropriations Committee. SB 226 would require a voter to present proof of his or her identity and residency to a member of the precinct board in order to receive a ballot. Status: Reconsideration granted by Senate Committee on Elections, Reapportionment and Constitutional Amendments SB 370 would provide that the electronic record of each DRE vote would be the official record of the vote but that the paper audit record would govern if there is any difference between it and the electronic record during a recount. Status: Passed the Senate, before the Assembly for third reading. SB 596 would allow any city, county, or district to conduct a local election using a preference voting method (also known as "instant runoff voting" or "ranked choice voting") to elect a single candidate to office or for an election to elect two or more candidates to office. Status: Re-referred to the Senate Committee on Elections, Reapportionment and Constitutional Amendments. SB 787 would prohibit local elections officials from engaging in certain political activities. Status: Passed the Senate, in the Assembly Committee on Elections and Redistricting. SB 1016 would require the Secretary of State and local elections officials to inform voters of the permissible uses of information on voter registration cards. Status: Passed the Senate, in the Assembly Appropriations Committee. Posted by Randy Riddle at 11:57 AM | Permalink. . . Request for Manual Recount in San Diego Mayor Race"This strange San Diego election season just got stranger. A local group is asking for a hand recount of 11 precincts in last month's mayoral primary. Brina-Rae Schuchman, of the group Citizens Audit Parallel Election, questions the reliability of the county's optical scanner voting machines and is willing to pay for a sample recount to test that belief. On Election Day, Schuchman and a group of more than 20 volunteers positioned themselves outside 11 randomly chosen precincts and asked exiting voters to repeat their vote in a mock election. She says nearly 50 percent of the voters signed an affidavit and did so. The group's tally of this parallel vote was different enough from the official count, a variation of 2 percent to 4 percent, according to Schuchman, to reinforce their concern about the credibility of the machines' software. By law, the recount must begin within seven days of Tuesday's request, County Registrar of Voters Mikel Haas says." You can read the complete article here. Posted by Randy Riddle at 9:34 AM | Permalink. . . "Experts say solid standards needed for provisional ballots"You can read the article here (via electionline.org). Posted by Randy Riddle at 8:12 AM | Permalink. . . Secretary of State: Renew the Voting Rights Act"Today, Congress is set to decide whether to extend for the fourth time the Voting Rights Act of 1965. It should do so promptly. Is there any reason to do otherwise? I don't think so." You can read the full opinion piece here. Posted by Randy Riddle at 6:47 AM | Permalink. . . August 17, 2005 "Governor, Democrats negotiate as special election deadline looms""With time running out, Gov. Arnold Schwarzenegger and Democratic leaders are engaged in delicate negotiations to see if compromise is possible on all or some of the governor's special election initiatives. The Secretary of State identified midnight Thursday as the last time the Legislature can put any new measures on the ballot. But both sides said that deadline can be extended, perhaps as long as another two weeks." You can find the full article here. Posted by Randy Riddle at 8:18 PM | Permalink. . . August 16, 2005 "Paper trail may clog e-voting advances""California's secretary of state, a proponent of backup paper records for electronic-voting machines, is nonetheless opposing their use in vote recounts as legally problematic and impractical, an opinion that could influence national voting reforms. After months of collecting public opinion, Secretary of State Bruce McPherson recently urged rejection of a new bill that would mandate counting of paper-trail records on e-voting machines. That, according to voting activists, would render paper trails useless as an independent check on voting computers and software." You can find the full article here. The bill in question, SB 370, provides that the electronic record of each DRE vote will be considered the official record of the vote. The bill also provides, however, that the voter verified paper audit trail will be considered the official paper audit record for the mandatory 1-percent manual recont and that it will govern if there is any difference between it and the electronic record during a 1-percent manual tally or full recount. Posted by Randy Riddle at 3:00 PM | Permalink. . . Attorney threatens election officials over use of AutoMARK voting systemAn attorney has sent letters to local election officials in California warning them not to purchase the ES&S AutoMARK voting system, asserting that it does not comply with the accessibility requirements of HAVA. The California Secretary of State certifed the AutoMARK for use in California on August 3, 2005. The system was federally qualified on June 22, 2005. John McDermott, an attorney with the Los Angeles firm of Howrey Simon Arnold & White, argues that HAVA requires that voting sytems allow all voters with disabilities to cast their ballots "in a private and independent manner." He claims that the AutoMARK system does not meet this requirement for voters with "manual dexterity issues." You can find a copy of the letter here. Last year Mr. McDermott made similar arguments in unsuccessfully challenging the Secretary of State's DRE decertification orders, and the letter indicates that the Secretary of State rejected his arguments in certifying the system. Mr. McDermott's absolutest view of HAVA also appear at odds with an opinion from the United States Department of Justice interpreting the accessibility provisions of HAVA. Interestingly, Mr. McDermott's letter does not disclose whether he is writing on behalf of an individual, an organization or another voting system vendor.
Posted by Randy Riddle at 9:27 AM | Permalink. . . "New districts possible for June 2006 vote""Despite concerns about the tight timing, California's political map could be redrawn in time for the June 2006 election, if Proposition 77 passes in November, Secretary of State Bruce McPherson said Monday. It's a tough criterion, "but I think the lines could be in place for next year,'' he said during an informal news conference. It was an abrupt shift of direction for the former Santa Cruz legislator, who said several weeks ago that backers of the redistricting measure, who include Gov. Arnold Schwarzenegger, had no chance of having the new districts ready for next year's elections." The complete article can be found here. Posted by Randy Riddle at 6:19 AM | Permalink. . . August 15, 2005 "Secretary of state calls for more review of initiative petitions""Under McPherson's plan, an additional 10-day review period would be added to the initiative process between the time sponsors submit their proposal to the state attorney general and its release to the public. It also would give the secretary of state new authority to review petitions before they are released for circulation.." The complete article can be found here. This proposal would mirror the process governing recall petitions, which must be approved by the Secretary of State before they are circulated, a requirement that Proposition 77 proponent Ted Costa had difficulty satisfying at the beginning stages of the Davis recall effort. One question is what happens under Secretary McPherson's proposal if the proponent circulates a different version of the petition than that approved by the Secretary of State, but not so different that it would be "likely to have misled the persons who signed the initiative petition," the standard that the California Supreme Court apparently would apply in the Proposition 77 case. Does the circulated version go on the ballot if it receives the requisite number of valid signatures? Posted by Randy Riddle at 6:59 PM | Permalink. . . Initiatives Qualified for the November 8, 2005, Special Statewide Election BallotYou can view the voter information pamphlet material on the ballot measures at this Secretary of State site. Posted by Randy Riddle at 5:25 PM | Permalink. . . "UC Berkeley part of NSF-funded center to study e-voting""Researchers at the University of California, Berkeley, will join colleagues at five institutions nationwide in a bold, new effort to improve the reliability and trustworthiness of electronic voting technology. The National Science Foundation today (Monday, Aug. 15) announced that it will provide $7.5 million over five years for the new endeavor called A Center for Correct, Usable, Reliable, Auditable, and Transparent Elections (ACCURATE). UC Berkeley is expected to receive approximately $1.3 million of the funds. The new center, led by Johns Hopkins University, will bring together experts in computer science, law and usability in an interdisciplinary effort to improve the nation's voting systems. Avi Rubin, professor of computer science and technical director of the Information Security Institute at Johns Hopkins, will be principal investigator of the new center, the first large research effort into robust electronic voting systems. In addition to UC Berkeley and Johns Hopkins, other participating institutions are Rice University, Stanford University, the University of Iowa and SRI International. The center's researchers will investigate methods of mitigating known problems with existing voting technologies - for example, adding a voter-verified paper trail and cryptographic voting methods to aid audits - as well as explore new solutions with computerized voting systems." You can find the full press release here. Posted by Randy Riddle at 3:51 PM | Permalink. . . "Special Election Plan: Vote Now, Pay Later""Call it indifference, inconsiderateness or arrogance: Sacramento is stiffing the counties by not providing money for Gov. Arnold Schwarzenegger's special state election. It's even stiffing California's chief elections officer, Secretary of State Bruce McPherson. The counties never have been paid for their cost of the 2003 recall election that sent Schwarzenegger to Sacramento. They've had to swallow the $55-million tab, despite pleas in the Capitol. "The Legislature's view is, 'That's old news,' " says Farrah McDaid, an official of the California State Assn. of Counties. "The [Schwarzenegger] administration just says, 'We had nothing to do with it. It wasn't our gig.' " Now there's another looming drain on local treasuries. The counties' cost of conducting Schwarzenegger's special election in November — above what they'd ordinarily be spending for local elections -- is estimated at $45 million. The state has "a moral obligation," says Contra Costa County voter registrar Stephen Weir, vice president of the California Assn. of Clerks and Election Officials. "You just can't call an election for politically questionable purposes and expect counties to pay the cost." George Skelton's complete article can be found here. Posted by Randy Riddle at 9:01 AM | Permalink. . . "Voting machine company to pay county $1.2 million""A cash payment of more than $1.2 million is making its way into the Marion County general fund, courtesy ofa Nebraska-based voting machine company. Election Systems & Software agreed to pay cash and provide voting equipment for problems dating back to 2003, shortly after it signed an $11.1 million contract with the county. The action could set a precedent for 32 other counties under contract with ES&S as election officials scurry to have polling sites in compliance with the Help America Vote Act by 2006." You can find the story here. Posted by Randy Riddle at 8:55 AM | Permalink. . . August 14, 2005 "Jackson County and [Mississippi] Secretary of State Eric Clark are not seeing eye to eye on the Help American Vote Act voting machine project.""The county wants to continue using its M100 Optical Scanner, which is less than five years old and has eight to 10 years remaining, according to election commissioner Ben Sanford. To meet handicap requirements, the county wants to use the Automark Ballot Marking Device for the Handicap. Clark is touting, and has signed, a contract with Diebold Election Systems to provide touch-screen voting machines that include a voter-verified paper trail." "These voting machines meet all the requirements of HAVA," said Clark. "We are happy with what we have in Jackson County. It's easy, accessible, people understand it, easy for the poll worker and easy to program. Our system is so much faster, convenient and so much more tested. We've used it here. We're fine with it in Jackson County. It's a great system," said Circuit Clerk Joe Martin. Martin said the Diebold system is not proven." You can find the full story here. Posted by Randy Riddle at 2:50 PM | Permalink. . . "Lobbyist challenged on voting machines""Salt Lake County leaders continue to unleash a litany of complaints about the $10 million load of fancy electronic voting machines they must use by next year. Tetris' role is not a legal violation. But the relationship is raising questions of a possible conflict, particularly given the cost." You can find the full article here Posted by Randy Riddle at 2:45 PM | Permalink. . . August 13, 2005 Proposition 77 NotesCourt of Appeal Justice Richard Aldrich, who was assigned to participate in the Proposition 77 case in the wake of the resignation of Supreme Court Janice Brown and who cast the deciding vote in support of granting review, was appointed by Governor Wilson in 1994. He authored the decision in D'Agostino v. Superior Court (1995) 33 Cal.App.4th 107. In that case, the court held that the failure of a candidate to obtain the required 500 valid signatures to qualify as a candidate for local office did not constitute substantial compliance with the Los Angeles Municipal Election Code, observing that "[i]t is not the province of this court to legislate a lesser level of community support. Were we to do so we would become immersed in ambiguity, i.e. would 450 or 425 valid signatures be substantial compliance? Future applicants could never be certain how many valid signatures were actually required even though the law clearly prescribed 500." Interestingly, it appears that the Legislature has chosen to include a reference to "substantial compliance" in only one section of the Elections Code. Section 10200, related to municipal elections, states that "[t]his chapter shall be liberally construed to promote its objects, and no error, omission or irregularity shall invalidate an election if there has been a substantial compliance with this chapter." It may be time for the Legislature to provide greater guidance to the courts regarding the circumstances where it is appropriate for a court to find that less than full compliance with a specific stautory requirement is sufficient to fulfill the legislative purpose of that requirement. Posted by Randy Riddle at 3:41 PM | Permalink. . . August 12, 2005 "Judge reaches split decision in ballot fight""A Sacramento judge gave victories to both sides Thursday in a ballot argument fight over Prop. 73, the initiative that would require notification of parents or a waiver from a judge before a girl could get an abortion. Superior Court Judge Raymond Cadei refused to strike a voter-guide statement made by the measure's supporters that parental notification laws in other states had reduced teen pregnancy and abortion rates "without danger and harm to minors." He also ordered opponents to find other wording than to say that girls who sought a waiver from a judge would be put "on trial." But he refused to strike an argument by opponents that "millions of concerned parents" opposed the initiative or to order the opponents to spell out that the measure could affect girls as young as 10, 11 or 12 instead of just teenagers. He also wouldn't order changes sought by Prop. 73 supporters in the brief description of the proposal that was drafted by the attorney general and legislative analyst's office." You can find the full story here. Posted by Randy Riddle at 8:34 PM | Permalink. . . Coverage of Supreme Court Proposition 77 DecisionYou can find the AP article here and the Sacramento Bee story here. Posted by Randy Riddle at 6:35 PM | Permalink. . . Supreme Court Orders Proposition 77 Back on the BallotLate this afternoon, the California Supreme Court voted by a bare 4-2 majority to grant review and stay the Superior Court order removing Proposition 77 from the November 8 ballot (Justice Werdegar did not participate). Here is the text of the Court's order from its docket website: "Petition for review GRANTED. The judgment of the Superior Court of Sacramento County filed on July 22, 2005, in Lockyer v. McPherson et al. (05CS00998), directing the Secretary of State not to place any version of Proposition 77 on the November 8, 2005, special election ballot or in the voter election materials, is stayed pending this court's determination of this matter or further order of this court. In the absence of a showing that the discrepancies between (1) the version of the initiative measure that was submitted to the Attorney General and (2) the version of the initiative measure that was circulated for signature (and that was signed by the requisite number of qualified voters and has been certified for placement on the ballot) were likely to have misled the persons who signed the initiative petition, we conclude that it would not be appropriate to deny the electorate the opportunity to vote on Proposition 77 at the special election to be held on November 8, 2005, on the basis of such discrepancies. (Cf. Assembly v. Deukmejian (1982) 30 Cal.3d 638, 652-654.) Accordingly, the Secretary of State and other public officials are directed to proceed with all the required steps to place in the election pamphlet and on the ballot of the special election to be held on November 8, 2005, the version of Proposition 77 that was signed by the requisite number of qualified voters. Any public official or other person who has not had an opportunity to revise statements or ballot arguments that have already been submitted to the Secretary of State in order to reflect the version of Proposition 77 that will appear in the election pamphlet and on the ballot shall be permitted to submit a revised statement or ballot argument to the Secretary of State no later than 3 p.m. on Monday, August 15, 2005. After the election, we shall determine whether to retain jurisdiction in this matter and resolve the issues raised in the petition. Kennard, J., and Moreno, J., voted to deny review. Werdegar, J., unavailable and did not participate. Votes: George, C.J., Baxter, Chin, and Aldrich* * Hon. Richard D. Aldrich, Associate Justice of the Court of Appeal, Second Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution." Posted by Randy Riddle at 6:11 PM | Permalink. . . Proposition 77 Supreme Court CuriosityAccording to the Supreme Court docket website blog for the Proposition 77 litigation, the Supreme Court has received "one doghouse" from the Court of Appeal today. If that is a legal term of art, is not one with which I am familiar. Update: Thanks to Rick Hasen for explaining that a "doghouse" is a container for transporting court records from one court to another.
Posted by Randy Riddle at 12:11 PM | Permalink. . . August 11, 2005 Proposition 77: Answers to PettionYou can find the answers to the Petition for Review in the Proposition 77 case on Rich Hasen's Election Law blog. Posted by Randy Riddle at 6:02 PM | Permalink. . . Secretary of State Letter to Supreme Court on Proposition 77The Secretary of State has filed this letter with the California Supreme Court stating that it is "imperative" that the Court issue a decision on Proposition 77 no later than 5:00 p.m. on Monday, August 15, when the printing of the state voter pamphlet will begin. The Secretary also notes that the stay issued by the Court of Appeal expires before this deadline, and suggests that the Court may wish to extend the Court of Appeal stay. Posted by Randy Riddle at 11:48 AM | Permalink. . . Proposition 77 CoverageAdditional coverage of the Court of Appeal decision in the Proposition 77 case, and possible Supreme Court involvement, can be found here, here and here. Posted by Randy Riddle at 8:38 AM | Permalink. . . August 10, 2005 Proposition 77 StatusWhile I was on the road to the Election Center and NASED conferences, the Court of Appeal, in a 2-1 decision, affirmed the trial court decision to remove Proposition 77 from the ballot. You can view the opinion here. In determining that pre-election review was appropriate, the majority drew a distinction between measures that are challenged on the ground that they are substantively invalid, where post-election review is usually more appropriate, and a failure of the proponent to comply with the basic procedural rules governing the qualification of the measure in the first instance, as noted here. The next stop is the California Supreme Court. Given the August 15 deadline set by the State Printer to begin printing the state voter information pamphlet, the Supreme Court will have to act quickly if it is interested in reviewing the court of appeal decision for the November 8 election. The Supreme Court demonstrated its ability to act expeditously on pressing election matters during the gubernatorial recall litigation. An additional observation. This is not the first time that Ted Costa, the chief proponent of Proposition 77, has found it difficult to comply with the basic rules governing election petitions. In the early stages of the recall process, he enountered a number of problems drafting and publishing his petition in compliance with the Election Code. Posted by Randy Riddle at 3:28 PM | Permalink. . . August 9, 2005 Heading to Election ConferencesI will be attending the Election Center and NASED conferences at the Beverly Hills Hilton the rest of the week, so blogging will be lighter. I hope to see you there. Posted by Randy Riddle at 1:01 PM | Permalink. . . "Some measures not finalized as Aug. 18 deadline looms""Gov. Arnold Schwarzenegger's call for a Nov. 8 special election remains shrouded in uncertainty, not the least of which is what will be on the ballot and whether the election will go forward at all. Schwarzenegger and Democratic legislative leaders continue to insist they are eager to reach a compromise on the governor's special election ballot agenda, but time is running out. Adding alternative propositions to the Nov. 8 ballot would have to be done by Aug. 18, when ballot pamphlets are scheduled to go to print." You can find the full article here.
Posted by Randy Riddle at 8:11 AM | Permalink. . . August 7, 2005 Propositon 77 BriefsFor those interested in reading the briefs filed in the court of appeal in the Proposition 77 case, you can find the Propoponents' brief here, and the Attorney General's responsive brief here. (Note: These are large files.) Posted by Randy Riddle at 3:24 PM | Permalink. . . Another view of the Diebold TSx situation"However, Diebold immediately announced that it planned to fix the problems and resubmit within 30 days. That sounds like quite the quick turn-around considering any code changes would have to be requalified at the federal level, no? Well, that's not the complete story and it does appear that they might be able to resubmit in that timeframe." The complete obersations of Not Quite a Blog can be found here. Posted by Randy Riddle at 12:02 PM | Permalink. . . Davidson Appointed to EAC CommissionFrom the EAC statement: "Davidson has devoted almost her entire career to election administration, beginning with her election in 1978 as the Bent County Clerk and Recorder in Las Animas, Colorado, a position she held until 1986. Later that year, she was appointed director of elections for the Colorado Department of State. In 1994 she was elected Arapahoe County Clerk and Recorder and reelected to a second term in 1998. The next year, Governor Bill Owens appointed Davidson as the Colorado secretary of state, and she was elected to that office in 2000 and reelected in 2002 for a four year term." The complete statement is here. Posted by Randy Riddle at 10:03 AM | Permalink. . . Proposition 77 argument articlesAdditional coverage of the oral argument in the Proposition 77 appellate case can be found here, here and here. Posted by Randy Riddle at 9:55 AM | Permalink. . . August 5, 2005 Proposition 77 Oral ArgumentIt sounds like the oral argument in the Proposition 77 case was very lively. The Court indicated that it intends to issue its decision on Tuesday, August 9. Presiding Justice Arthur G. Scotland and Justices Coleman A. Blease and M. Kathleen Butz will be the justices deciding the case. Justice Blease's questioning of Proponents' counsel Dan Kolkey focused on whether the proponents were negligent in the preparation of the petition (a different petition was circulated than was presented to the AG for title and summary). In doing so, Justice Blease questioned his former court colleague about when he and the proponents knew about the defects with the petition. It sounds like they may have known about the problems weeks before the Secretary of State certified the petition on June 10; they found out about the problem some time after May 5, when the petitions were submitted to the county election officials, and did not inform the SOS until June 13. Given that the proponents are seeking to rely on the substantial compliance doctrine, Justice Blease's questions are significant. In the California Teachers Association decision, the court cautioned that substantial compliance does not apply where the proponent has been negligent in the preparation of the petition. The Court also expressed concerns about whether pre-election relief was appropriate. This question comes in the wake of the Supreme Court's recent order summarily reversing the decision of this same court of appeal to remove Proposition 80 from the ballot. In that case, however, the issue was whether the measure was substantively unconstitutional, an issue usually addressed after the measure has been approved. Here, the question is whether the proponents failed to follow the rules that govern whether the measure can appear on the ballot in the first place. Finally, the Court expressed concern about whether the voters should be deprived of a right to vote on this measure because of the carelessness of the proponents. This is always a concern in this type of case. Update: Some more views of the oral argument, via Dan Weintraub and Rick Hasen. And here is the view from John Myers of Capitol Notes. Posted by Randy Riddle at 1:16 PM | Permalink. . . "VOTING RIGHTS ACT: The right to vote still under assault after 40 years"Here is the Chronicle story. Posted by Randy Riddle at 8:29 AM | Permalink. . . "Voting machine maker drops Blackwell suit""A Nebraska-based election machine manufacturer said yesterday it will drop its lawsuit alleging Ohio Secretary of State Ken Blackwell gave preferential treatment to a competitor. The move came after Mr. Blackwell's office offered Election Systems & Software an amended contract extending deadlines for counties to pick machines and after lawmakers determined a recently certified ES&S machine meets requirements for disabled voters." Here is the full story. Posted by Randy Riddle at 8:27 AM | Permalink. . . August 4, 2005 League of Women Voter Report on Next Steps in Election ReformThe report can be found here. Posted by Randy Riddle at 11:06 AM | Permalink. . . "Statement from Secretary of State Bruce McPherson's Press Office Regarding the Cancellation of the Special Election""Two reports in today's newspapers stated that the Secretary of State has a legal opinion on the cancellation of the November 8 special statewide election. This is not correct. The Secretary of State does not have a legal opinion nor do we plan to issue an opinion on how or whether a special statewide election can be cancelled once it has been called by the Governor. There is no law - either in the Constitution or the California Elections Code - that addresses this issue." The full statement is here. Posted by Randy Riddle at 8:26 AM | Permalink. . . "Behind the ballot snafu""A TROUBLING question hangs over the fight on the legality of Proposition 77, an initiative promoted by Gov. Arnold Schwarzenegger to change the way California draws its electoral districts." The full Chronicle editorial is here. Posted by Randy Riddle at 7:40 AM | Permalink. . . August 3, 2005 " Lockyer sued over title of same-sex initiative""Sponsors of an initiative that would amend the state Constitution to ban both same-sex marriage and rights for domestic partners filed a high- stakes lawsuit Tuesday to force changes in the ballot measure's official title and summary, which devotes more space to partners than to marriage. The initiative is one of three that are being circulated for next year's state ballot by opponents of same-sex unions. The measures are sponsored by two separate groups and are worded differently; if any of the three passes, it would short-circuit pending suits that challenge the California law defining marriage as the union of a man and a woman. Tuesday's suit, filed in Sacramento County Superior Court against Attorney General Bill Lockyer, focuses on a potentially crucial issue: the text of the title and 100-word summary presented to petition-signers and, if the measure qualifies, to voters." The complete article is here. Posted by Randy Riddle at 12:23 PM | Permalink. . . "Initial report undersold e-vote snafus""Diebold's latest electronic voting machine, desired by dozens of counties nationwide, fared worse in the nation's first mass testing than previously disclosed, with almost 20 percent of the touch-screen machines crashing. Those software failures are likely to send Diebold programmers back to work and perhaps force the firm into weeks of independent laboratory testing. With 17 California counties -- including Alameda, Marin and San Joaquin -- as well as dozens of counties in Ohio, Utah and Mississippi considering purchase of the Diebold AccuVote TSx, the delay could put at risk tens of millions of dollars in sales and throw open the door to Diebold competitors." The full article is here. Posted by Randy Riddle at 7:45 AM | Permalink. . . "Electronic Voting Machines: California experience should prompt concern for Utah elections"The editorial is here. Posted by Randy Riddle at 7:40 AM | Permalink. . . Study set of voting machine accuracy"The Maryland State Board of Elections will contract with two universities to study the reliability of the state's Diebold electronic voting machines and help legislators decide whether there should be a paper trail that can be used to verify that votes are counted accurately. The full article is here. Posted by Randy Riddle at 7:38 AM | Permalink. . . August 2, 2005 "Alameda County to reconsider Deibold voting machines""Alameda County supervisors today said they would revisit an agreement with Diebold Election Systems for a $6 million upgrade of its touch-screen voting system, responding to problems the system showed in tests last month. "The issue will be revisited and all options will be considered,'' Board President Keith Carson said. The decision was good news to about 30 protesters who urged the county to dump its association with Diebold due to troubles the company faces in gaining state certification and claims that the machines thwart democracy by using secret, proprietary software to tabulate votes." The full story is here. Posted by Randy Riddle at 2:55 PM | Permalink. . . DOJ to Hold Ballot Access and Voting Integrity Symposium"The Department of Justice announced today that the 4th annual Ballot Access and Voting Integrity Symposium will be held in Washington, D.C. on Oct. 4 and 5, 2005. The annual training conference is part of the Ballot Access and Voting Integrity Initiative, which was established in October 2002 to spearhead the Department's expanded efforts to address election fraud and voting rights violations. The initiative is headed by the Assistant Attorneys General of the Criminal and Civil Rights Divisions. The goal of the initiative is to protect the integrity of the election process by increasing the Department's efforts and effectiveness in combating election fraud by: publicizing election fraud convictions to deter similar crimes in the future; ensuring nationwide compliance with the federal laws protecting voting rights; and assuring the public that the Department will combat election fraud and voting rights abuses vigorously, fairly and effectively." Additional information is here. Posted by Randy Riddle at 2:06 PM | Permalink. . . Legislative Counsel: Governor Can Cancel ElectionAs Rick Hasen notes, the Legislative Counsel has issued an opinion stating that the Governor can cancel the special election anytime before voting begins. While I have not seen the opinion, it sounds as though it is based on Clark v. Patterson (1977) 68 Cal.App.3d 329. In that case, the court of appeal held that the San Francisco Board of Supervisors had an implied power to withdraw propositions from the ballot, and that withdrawal of the measures would not interfere with the electoral process or deprive anyone of any vested rights, since it would be accomplished before the commencement of absentee voting. Posted by Randy Riddle at 9:54 AM | Permalink. . . "Electronic voting: Fix the machines""It's disappointing that electronic voting machines won't be used in San Joaquin for the upcoming November special election. But we believe voters throughout the county would rather be safe than sorry in casting their ballots." The editorial is here. Posted by Randy Riddle at 7:45 AM | Permalink. . . August 1, 2005 "Utah stands by vote machines""While California officials have rejected Diebold's electronic voting machines as too unreliable, Utah officials say they will stand by their $27 million decision to use the machines. After a mock election last week, California Secretary of State Bruce McPherson told the Oakland Tribune the voting machines had about a 10 percent failure rate. "That's not good enough for the voters of California, and that's not good enough for me," he said. McPherson said the machines' printers jammed and screens froze too often to be reliable in an actual election, but a Diebold spokesman has said the company will fix the problems." The full article is here. Posted by Randy Riddle at 8:23 AM | Permalink. . . "Groups hope to revise Ohio law"The article is here. Posted by Randy Riddle at 8:21 AM | Permalink. . . |
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