May 15, 2008

Providing legal resources and election news to California election officials and the attorneys who represent them.

« September 2005 | Main | November 2005 »

October 31, 2005

"AARP survey adds fuel to voter ID debate"

"The head of Indiana's chapter of the American Association of Retired Persons says a new state law requiring Hoosier voters to show a photo ID at the polls could put a burden on older, ailing Hoosiers who don't have driver's licenses.

State AARP director Nancy Griffin says a recent survey by the group found that ten percent of registered Indiana voters age 60 and older lack driver's licenses.

She says she worries the law passed this spring by lawmakers could make it tough for older, sicker Hoosiers to exercise their right to vote.

However, the law's author dispute that."

You can read the story here.

Posted by Randy Riddle at 08:47 AM | Permalink. . .

October 30, 2005

"O.C. mails corrected Korean sample ballots"

"Sarah Koo's Korean-language sample ballot arrived in her mailbox Wednesday.

The Anaheim Hills pharmacist skimmed through the propositions on the ballot for the Nov. 8 election. When she came across Proposition 79 – the one that would provide prescription-drug discounts and rebates – she stopped.

What she found was a description of Prop. 73, which deals with abortion.

The Orange County Registrar of Voters Office mailed out 7,570 Korean-language sample ballots last week that omitted and duplicated information and had factual errors. On Wednesday, the office sent out 7,570 corrections.

"We're all human beings. There have been errors made. We catch and we fix it," said acting registrar of voters deputy Neal Kelly.

It cost the county more than $4,000 to mail the sample ballots in the first place and about $1,000 to send the correction notices.

Although on Friday, employees in the registrar's office were still handing out Korean-language sample ballots without the accompanying correction flier.

The mistakes have confused some voters and led one county supervisor to consider calling for a hearing to explore why the mistakes occurred.

faulty translation

On Tuesday, voters started calling the registrar's office about the mistakes, which included the omission of a Prop. 79 description and the wrong monetary figure for the effect of Prop. 77, which deals with redistricting.

Kelly said corrections were mailed the next day and blamed the errors on a Washington state-based translator who has a contract with the county."

You can read the story here.

Posted by Randy Riddle at 08:35 AM | Permalink. . .

October 28, 2005

"ACLU Sues Albuquerque Over Voter ID Ordinance"

You can read the story here.

Posted by Randy Riddle at 10:02 AM | Permalink. . .

October 27, 2005

"Federal appeals court blocks Georgia from demanding photo ID at the polls "

You can read the story here.

Posted by Randy Riddle at 12:29 PM | Permalink. . .

October 21, 2005

GAO Report on Electronic Voting Security

From the GAO report:

"Federal Efforts to Improve Security and
Reliability of Electronic Voting Systems Are
Under Way, but Key Activities Need to Be Completed"

"While electronic voting systems hold promise for improving the election
process, numerous entities have raised concerns about their security and
reliability, citing instances of weak security controls, system design flaws,
inadequate system version control, inadequate security testing, incorrect
system configuration, poor security management, and vague or incomplete
voting system standards (see below for examples). It is important to note
that many of these concerns were based on specific system makes and
models or a specific jurisdiction's election, and there is no consensus among
election officials and other experts on their pervasiveness. Nevertheless,
some have caused problems in elections and therefore merit attention.

Federal organizations and nongovernmental groups have issued both
election-specific recommended practices for improving the voting process
and more general guidance intended to help organizations manage
information systems' security and reliability. These recommended practices
and guidelines (applicable throughout the voting system life cycle) include
having vendors build security controls and audit trails into their systems
during development, and having election officials specify security
requirements when acquiring systems. Other suggested practices include
testing and certifying systems against national voting system standards.

The federal government has begun efforts intended to improve life cycle
management of electronic voting systems and thereby improve their security
and reliability. Specifically, EAC has led efforts to (1) draft changes to
existing federal voluntary standards for voting systems, including provisions
addressing security and reliability; (2) develop a process for certifying voting
systems; (3) establish a program to accredit independent laboratories to test
electronic voting systems; and (4) develop a library and clearinghouse for
information on state and local elections and systems. However, these actions
are unlikely to have a significant effect in the 2006 federal election cycle
because important changes to the voting standards have not yet been
completed, the system certification and laboratory accreditation programs
are still in development, and a system software library has not been updated
or improved since the 2004 election. Further, EAC has not consistently
defined specific tasks, processes, and time frames for completing these
activities; as a result, it is unclear when their results will be available to
assist state and local election officials."

Posted by Randy Riddle at 01:51 PM | Permalink. . .

"Touch-screen voting receives welcome safeguards"

From the San Jose Mercury News Editorial:

"For those who understand that electronic voting needs more safeguards and scrutiny, October has been a very good month. In separate actions, Gov. Arnold Schwarzenegger and Secretary of State Bruce McPherson showed they take voting integrity seriously.

First, McPherson announced that he would create an office of voting technology, whose function will include requiring new models of touch-screen machines to undergo massive testing to simulate Election Day.

Last summer, McPherson first tried volume testing on 96 machines manufactured by Diebold Inc. His office denied certification for the model after the tests produced a number of paper jams and screen freezes. Volume testing helps detect problems before voters suffer on Election Day.

Also this month, Schwarzenegger signed SB 370, sponsored by Sen. Debra Bowen, D-Redondo Beach. It will require that counties use voter-verified paper audits when conducting recounts of electronic voting.

California became one of the first states to require that voters be shown paper receipts enabling them to verify the choices they made on touch-screen machines. Using the paper audits for recounts is the next logical step."

Posted by Randy Riddle at 08:37 AM | Permalink. . .

October 19, 2005

Proposition 77 Supreme Court Litigation

Lost in the political battle over the Proposition 77 redistricting measure is the fact that the litigation challenging the certification of that measure for the ballot is still pending before the California Supreme Court. After the Court of Appeal affirmed a trial court decision ordering the measure off the ballot because the version of the measure circulated was different than the version submitted to the Attorney General for title and summary, the Supreme Court granted review and ordered the measure back on the ballot.

Here are the Supreme Court briefs on the merits filed by the proponents, opponents, Attorney General, and the Secretary of State.

Interestingly, the Attorney General's brief observes that "once an election occurs, every effort should be made to validate the election if possible" and that therefore "the Attorney General is not asking this Court to invalidate Proposition 77 post-election if it is approved by the voters." The measure's opponents argue that if passed by the voters, the measure is invalid.

Another interesting point is the Secretary of State's strong stance against pre-election review.

Posted by Randy Riddle at 02:58 PM | Permalink. . .

"New Machine Available For Voters With Disabilities"

"There could be something else drawing voters to the polls - a new voting machine. It's designed to give people with disabilities better access while maintaining voter privacy.

As Americans, it's one of our most basic rights. But talk to anyone with a disability and they'll tell you, voting has never been easy.

"I could never get into the booths. It was just awkward", says Marcie Harrington.

Marcie Harrington works around the limits of her wheelchair by voting absentee. But come November 8th, heading to the polls will be a more viable option, thanks to a voter assist terminal called "Auto Mark".

"This will allow voters with disabilities to vote independantly and privately", says Sacramento County Registrar of Voters Jill Lavine."

You can read the story here.

Posted by Randy Riddle at 08:37 AM | Permalink. . .

"Some counties testing electronic vote machines"

"California voters may notice changes at their polling places during this year's special election as several counties test electronic voting equipment that will be required in 2006 to verify ballot choices and allow the disabled to vote unassisted.

Seven counties, including Monterey County, are using new technology that lets voters double-check their selections before casting a ballot electronically.

State law requires all counties using touch-screen voting systems -- 14 of the state's 58 -- to offer voters this option starting with the June 2006 primary.

"This is the perfect opportunity for us to introduce these printers to voters. It gives us an opportunity to find out if there are any problems with the units and start to make voters familiar with how they work," said Kari Verjil, registrar of voters for San Bernardino County. "And if we have the units, why wait for the June primary? Let's roll them out."

Kim Alexander, president of the California Voter Foundation, said the counties are doing the right thing.

"Many counties are wisely choosing to implement this new equipment sooner rather than later so they and their voters and their poll workers can gain experience with it," Alexander said."

Here is the story.

Posted by Randy Riddle at 08:35 AM | Permalink. . .

"Absentee ballot surge surprises registrars"

"Elections officials said interest in the Nov. 8 special election is running surprisingly high, as absentee ballot requests pour into county registrar offices across the state.

"I think there's more interest now then there was in last year's presidential primary,'' said Candy Lopez, assistant registrar of voters in Contra Costa County.

Reports from a number of California counties suggest the worst-case scenario of an election decided by only a handful of voters isn't likely to happen. Early absentee figures from Los Angeles County, for example, are running ahead of the March 2004 primary and the October 2003 recall elections."

You can read the story here.

Posted by Randy Riddle at 08:32 AM | Permalink. . .

October 18, 2005

"County supervisors to consider purchase of new voting system"

"Purchase of a new voting system to help the county meet federal mandates regarding disabled voters is on the agenda today before the Board of Supervisors.

County Clerk Gail Pellerin is recommending the county negotiate to buy a system from Sequoia Voting Systems at a price not to exceed $2.3 million.

The plan is to place one-touch screen machines that accommodate voters with disabilities — by using audio for the blind or a sip-and-puff tool that enables quadriplegics to cast a ballot, for example — in each precinct while also using a new paper ballot for other voters.

While the county mulls new machines to accommodate the disabled, it faces a lawsuit regarding the accessibility to the buildings where those machines will be used.

Attorney General Bill Lockyer sued the county Monday seeking a court order to force the county to make sure buildings that serve as polling places meet state and federal disabled access requirements."

You can read the full story here.

Posted by Randy Riddle at 08:57 AM | Permalink. . .

October 13, 2005

"Touchscreen optimism grows"

"San Joaquin County's top elections official hopes a recent test of touchscreen voting machines in San Diego will lead to the equipment's certification for June's primary election.

State elections officials in late September tested 100 Diebold TSx machines to monitor how they'd hold up in an actual election, county Registrar of Voters Deborah Hench said. It was the second large-scale examination in three months of the ATM-like machines, which haven't been cleared for use since the March 2004 primary.

More than 1,600 of the TSx machines have sat in a Stockton warehouse awaiting certification since that election. The county agreed to buy the equipment for $5.7 million three years ago, although only $858,000 has actually changed hands, Hench said.

California Secretary of State Bruce McPherson refused to certify the machines after a similar test in Stockton in July exposed paper jams and screen freezing problems. In the most recent exam, however, no freezes and only three jams were reported out of more than 11,000 votes cast, Hench said Wednesday.

"I'm cautiously optimistic," Hench said, adding that "there's a good chance" the machines will be certified.

McPherson on Wednesday acknowledged that the latest test "went better than the one in Stockton" but had no further details on the outcome. A report recommending whether to certify the equipment is expected to be released in the near future, and a decision could be made by late November, he said."

You can read the article here.

Posted by Randy Riddle at 08:48 AM | Permalink. . .

October 11, 2005

"California puts voting machines through paces"

"California will put the tools of democracy to perhaps the most rigorous testing of any state, ordering voting-machine makers to surrender their proprietary software for security reviews and supply dozens of their machines for mass, mock-election tests.

In memos this week to local elections officials, Secretary of State Bruce McPherson laid out plans to create a new technician-led office, devoted to putting voting machines through their paces before California voters use them. Despite the assumed computerized precision, concerns of screen freezes, software crashes and a lack of a traceable paper trail remain top e-voting fears among advocates.

Marsha Wharff, Mendocino County clerk and registrar of voters, applauded McPherson's decision to form the streamlining office.

"I think it's a really good idea," Wharff said. "A team of people has to go through all that testing and it hasn't been formally part of a cohesive office before."

You can read the article here.

Posted by Randy Riddle at 09:07 AM | Permalink. . .

October 09, 2005

"Counties hope state covers tab"

"With the Nov. 8 special election less than a month away, county officials throughout California are hoping the state won't again stiff them in paying for the vote.

That's what happened in the 2003 recall election, when counties statewide were never reimbursed for the $55 million cost.

Gov. Arnold Schwarzenegger, who called the November election in an effort to overhaul state government, has promised the state will pay for the estimated $44.7 million in extra county expenses next year. However, it remains to be seen if the Democrat-controlled Legislature will agree to cover the cost of a vote it deems unnecessary.

"We'll wait to see how that works out," said Mikel Haas, San Diego County's registrar of voters. "You don't really have a choice."

"The governor promised it'll be in next year's budget," Haas added, "but that has a long way to go until that ever gets approved."

You can read the article here.

Posted by Randy Riddle at 12:52 PM | Permalink. . .

Governor signs SB 370, making paper trail record the official ballot for DRE recounts

Late Friday Governor Schwarzenegger signed SB 370, which provides that the paper audit trail record will prevail over the DRE electronic record in any recount, including the mandatory one percent manual recount. Both the Secretary of State and the the California Association of Clerks and Election Officials opposed enactment of the bill.

The Alameda Times Star reports:

"Turning aside opposition from state and local elections officials, Gov. Arnold Schwarzenegger late Friday signed a bill requiring hand counts of paper printouts from electronic voting machines as a check for accuracy.
As the first state to require paper trails for e-voting, California now becomes the largest state in the nation to use those paper trails as the ultimate arbiters of political races, a move expected to sway other states.

"I'm very, very happy," said Sen. Debra Bowen, the Redondo Beach Democrat who authored the bill and chairs the Senate Elections and Apportionment Committee.

For 40 years, California law has required hand counts of ballots in 1 percent of precincts for confirmation of computerized vote tallies. But with fully electronic voting on touchscreens, elections officials either have ignored the law or simply recounted the digital ballots. Now they must turn to an independent paper record that voters on electronic, touchscreen machines approve when casting their final ballot.

The state's chief elections officer and the California Association of Clerks and Elections Officials, had urged a veto. Secretary of State Bruce McPherson said the paper trails — printed for now on cash registerlike paper rolls about the length of a football field — don't look enough like a ballot, nor do they offer verification of electronic ballots for visually handicapped voters.

Local elections officials objected to the measure as "time consuming and onerous" and pointed out that the malevolent programmers could rig the printouts just as they could the electronic vote tally.

For paper-trail advocates, that potential for fraud was more reason to press for the bill's passage."

You can read the article here.

Posted by Randy Riddle at 11:55 AM | Permalink. . .

October 06, 2005

"Secretary of state announces new requirements for electronic voting machines"

"Secretary of State Bruce McPherson announced new requirements for electronic voting machines Wednesday and said he would create a unit in his office to test and certify the machines.

"We must take these fundamental steps to guarantee public confidence in our voting process," McPherson said in a speech to the California Black Chamber of Commerce.

He laid out 10 requirements that the machines must meet for use in California elections, starting in 2006, including approval by an independent testing unit certified by the U.S. Election Assistance Commission."

You can read the article here.

Posted by Randy Riddle at 07:20 AM | Permalink. . .

October 03, 2005

"County tightens election security"

"Napa County now has one of the most secure elections offices in California.

That is the opinion of Registrar of Voters John Tuteur, who provided the Napa County Board of Supervisors this week with a final update on 15 suggestions made last year by a special elections task force as well as the civil grand jury.

The task force was named by county CEO Nancy Watt, following a trial in which Tuteur's office was alleged to have allowed some ballots to be tampered with or altered.

The allegations surfaced as part of former Supervisor Mike Rippey's effort to challenge his narrow loss to rival Harold Moskowite in March 2004. The charges were never proved, but they spurred a series of safeguards including intrusion alarms, security cameras, motion-activated lighting and new written procedures for elections staff to follow.

Tuteur will also limit the number of pens in counting rooms and restrict ink color to blue and black to minimize problems with electronic ballot reading machines.

In addition, partial walls that separate the elections department from Napa County Department of Health and Human Services offices were extended to reach the ceiling. At the trial, attorneys for Rippey suggested that someone could have scaled the wall in the dark of night and altered enough ballots to tip the outcome in the Moskowite-Rippey race.

Of the task force recommendations, Tuteur said, "All ... comments have been addressed within financial and efficiency constraints."

You can read the article here.

Posted by Randy Riddle at 08:10 AM | Permalink. . .

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