From Star Ledger's editorial this morning calling for voting machines that can produce a paper record of the vote, a physical record which can be checked against the tally of the voting machine's computer. Quoting Rep. Rush Holt:
Otherwise, in the words of Rep. Rush Holt (D-12th Dist.), "we have faith-based voting."
A ruling yesterday was issued in a lawsuit challenging computerized voting machines that do not produce a paper record:
Mercer County Superior Court Judge Linda Feinberg held that New Jersey's 11,000 voting machines have to be re-evaluated by a qualified panel of experts within 120 days to determine whether they comply with NJ law requiring that they be accurate and reliable. Unlike the panel that currently evaluates voting machines, the new panel must have requisite knowledge of computers and computer security.
Does anyone find it disturbing that the current panel which evaluates our voting machines doesn't need to have knowledge of computers and computer security already and we need the court to direct that?
Judge Feinberg also ordered that all voting machines and vote tally transmitting systems be disconnected from the Internet immediately. Judge Feinberg also required that criminal background checks be performed on personnel who work with voting machines and all third-party vendors who examine or transport the machines. Currently, no such checks are in place. Judge Feinberg further required that a protocol be put in place for inspecting the voting machines to ensure that they have not been tampered with. Judge Feinberg found that the State of New Jersey should no longer leave voting machines unattended in polling places, to prevent tampering. Currently they are left unattended at polling places for up to two weeks before and up to two weeks after each election.
But what the Judge did not require is that the state actually follow the 2005 statute that said all NJ voting machines needed to have a voter verified paper ballot. Here's what Congressman Holt said about the Court decision
"If, as the court acknowledges, security vulnerabilities exist, then the court and the citizenry should want the possibility of audits capable of detecting and mistakes or misbehavior," Holt said. "The fundamental purpose of the lawsuit has been to ensure the accuracy and integrity of the vote tallies by requiring the use of paper ballots as the basis of those tallies. Until New Jersey implements a paper ballot voting system, we will have faith-based voting."
Holt's release also noted that there won't be the ability to have an independent audit of the results from the re-evaluation. Assemblyman Gusciora, who was one of the plaintiffs in the case had this reaction to the ruling:
"It defies common sense that this process takes place," said Gusciora. "The state should take note that this is an electronic age, and should retrofit Sequioa voting machines with a paper trail. At least in this decision there is a recognition that there could be security breaches."
Until some of these elected officials start losing their seats in close, contested elections where they don't have the ability to get an accurate recount, we're going to continue seeing half measures that don't truly ensure every vote is counted. You can view the full ruling from the court here.
"Choosing who to vote for can be a confusing and stressful process; casting a ballot shouldn't be," said Quigley (D-Hudson), chairwoman of the Assembly State Government Committee.
Um. Isn't "making sure your ballot is counted" part of "casting a ballot"? If it isn't; then what's the point of voting anyway?
The New Jersey Legislature passed a law to require voter-verifiable paper records in 2005. The state needs that law badly: the voting machines used in most of the state are unreliable, hackable, and have miscounted ballots in a Presidential primary. The Clerk of Union County actually encouraged voters not to use the machines and vote absentee in the November election.
Anyway, the law was supposed to be implemented by 2008. It wasn't, and if lawmakers pass bills now moving in both Houses, the law may never be implemented. Click here to send a message to legislators opposing irresponsible delay.
If this ends up becoming law, it could be a way for New Jersey to save face and get funds from the federal government to pay to retrofit our unreliable voting machines. That's assuming Attorney General Milgram certifies any retrofit options (press release)
The House of Representatives Committee on House Administration today approved the Emergency Assistance for Secure Elections Act of 2008, legislation introduced by Rep. Rush Holt (NJ-12) to allow states to opt-in to receive reimbursements from the federal government if they convert to a paper ballot voting system, offer emergency paper ballots, and/or conduct hand-counted audits or by hand, count the results of their elections.
"I introduced this bill earlier this year to ensure that we protect the accuracy, integrity and security of the 2008 general elections," Holt said. "I am pleased the Committee on House Administration recognized the need to act to help states prevent disputes and uncertainties involving the November election. We will achieve real progress if we can encourage more states to give every voter a verified paper ballot. And it will be a real step forward if we can encourage more states to conduct audits."
A state Senate committee voted 3-2 today in favor of the attorney general's request to extend by six months a January deadline for installing printers on 10,000 electronic voting machines.
The move was denounced by voting rights advocates who said it would only reward the state's ineptitude. Extending the deadline would require changing a law the Legislature passed in 2005 requiring paper backups to electronic voting machines...
The committee compromised by extending the deadline to June 3 and adding an amendment to the bill (S2949) to require another hearing in February. The bill now goes to the full Senate for a vote. An identical bill in the lower chamber was reported out of an Assembly committee Nov. 19 and is also headed to the floor.
So far the bill would only delays it past the Feb 5 primary and not the June primary or general election. The companion Assembly bill A4587 has advanced to the floor. And from Newsday:
Sen. Loretta Weinberg, a Bergen County Democrat on the Senate panel, was so dissatisfied with the lack of progress on the issue that she proposed a motion requiring the Attorney General to provide a progress report to the panel by the end of February. It passed 3-2.
The panel also advanced a companion bill that would set up audits of election results in randomly selected districts.
Sen. Nia Gill, the Democratic bill sponsor, testified that the legislation is vital to ensure the integrity of the voting process.
Gill's S.507 goes to the Budget and Appropriations Committee: Kenny (chair), James (vice chair), Asselta, Bark, Bucco, Buono, Coniglio, Kavanaugh, Lance, Lesniak, Littell (Robert), Sarlo, Sweeney, Turner and Vitale.
So far, the printers designed to be placed on existing voting machines have been unable to meet the guidelines based on tests by NJIT. Scientists there discovered problems with error messages, locking mechanisms and seals on printers from Sequoia Voting Systems and Avante International Technology...
Members of the Senate state government committee compromised by extending the deadline to June 3 and adding an amendment to the bill (S-2949) to require another hearing in February.
"We are sending a very strong message to the Attorney General's Office by passing this motion," said Sen. Loretta Weinberg (D-Bergen). "This is the best compromise at this moment."
So, it looks like there's still work to do to get Gill's bill out of committee and follow up with the February hearings.
New Jersey has eight days to come up with plans to replace 10,000 electronic voting machines used statewide, a judge ruled today.
"This is a crisis," Superior Court Judge Linda Feinberg said at a hearing in Trenton.
A state law requires electronic voting machines to be refitted by January with printers, which would ensure accuracy. But printers from three vendors were found deficient this summer in tests by the New Jersey Institute of Technology, and the state Attorney General's Office told the judge today that retesting will take at least six more weeks.
"It's getting too close. You need to tell me what the alternatives are," Feinberg told Deputy Attorney General Jason Orlando. She told him to report back to her on Sept. 13, with a hearing to follow on Sept. 17.
As previously posted, the NJ Division of Elections is holding public hearings this week on the Sequoia and Avante voting machines that are currently used in the state.
The location is in Lawrenceville at the New Jersey National Guard Armory, 151 Eggert Crossing Road, Lawrenceville, NJ 08648
The schedule is as follows: 9:00 a.m. - 10:00 a.m. - Voting machines available for public demonstration. 10:00 a.m. - Committee hearing commences. Voting Machine Examination Schedule 7/24 - Sequoia AVC Advantage 7/25 - Sequoia AVC Edge 7/26 - Avante Vote-Trakker 7/27 - Date open for hearing overflow
Sign-up for Public Comment: Advance sign-up via email at: njelections@lps.state.nj.us. Use "Comment Sign-Up" as the subject. At-the-door by 9:00 a.m. on the day of the hearing.
Speakers will be given a limited time to speak, within the discretion of the Committee Chair.
More info at: http://www.nj.gov/oa...
Lately I've seen a lot of disinformation flying around regarding Congressman Rush Holt's legislation to enact a voter-verifiable paper trail on voting machines (H.R. 811). The objections range from the obvious: that a computer can be programed to record one thing and print something different (that's exactly the issue this legislation tries to address), to the conspiratorial: that this is all some nefarious plot to make a voting machine company in Holt's district rich, to the unrelated: such as eliminating proprietary rights for all software. They also suggest that because the legislation is not being vocally attacked by the "Busheviks," Holt must be in league with them to undermine our democracy. Nevermind the fact that visibly attacking such a common sense bill makes you look unreasonable.
Though this bill is not perfect, it's pretty good. Most of the opposition comes from a small but vocal set that's hoisting up straw men and leading other less informed activists to attack them. People are rightfully angry about the direction the country is going, and some are taking advantage of that anger and directing it in the wrong direction.
I'll end on a personal note. Rush Holt is my congressman, so of course I'm biased, but I know of few politicians with the integrity and intelligence he has. I wouldn't want anyone else leading the charge on an issue so critical to our democracy. I've been following this legislation since I first learned about it when a staffer patiently explained the details to us at an activist meeting about four years ago. The questioning of his motives and the attacks on his staff are unreasonable and unfair and I hope most activists will resist stooping to that level.
Below is a statement issued by Rush Holt today regarding the legislation and responding to some of these concerns.
Congressman Rush Holt, who introduced a bill (H.R. 811) requiring that electronic voting machines have voter-verifiable paper ballots, now says that a majority of the House of Representative supports his legislation.
"Voting is the very foundation of our democracy. I am pleased that a majority of the House of Representatives recognizes that without a voter-verified paper ballot, the results of our elections will always be uncertain."
The bill currently has 216 co-sponsors, plus two other members have also verbally expressed support. This brings the total number of votes to at least 218, just over half of the 435 members. Two weeks ago the legislation cleared a House panel which sent the bill to the full House. Holt added: "I hope and expect that Congress will move quickly to pass this legislation so that all voters can be confident that their votes are counted as cast."
Earlier this afternoon the Committee on House Administration considered and passed Congressman Rush Holt's verified voting legislation (press release):
The House of Representatives Committee on House Administration today approved the Voter Confidence and Increased Accessibility Act (H.R. 811), landmark legislation introduced by Rep. Rush Holt (NJ-12) requiring voting systems to produce a voter-verified paper ballot and mandating routine random audits.
"We can't afford to wait any longer to give people confidence that elections are accurate and verifiable," said Holt. "Without a voter-verified paper ballot and mandatory audits, there is no way to know whether a vote has been counted as cast, or whether it just disappears." [...]
Rep. Holt urged the House to move quickly to pass the legislation. "Voting is the very foundation of our democracy, and I am pleased that the Committee has acted to ensure that we are protecting the franchise," said Holt. "I urge the House to pass my legislation so that we can protect voters' rights, ensure the accuracy of elections, and increase the confidence of Americans in our electoral system."
Superior Court Judge Linda Feinberg, who has been monitoring the state's ability to meet deadlines to retrofit electronic voting machines with paper printouts, yesterday urged the Attorney General's Office to appoint an advisory panel of computer experts for voting machines. Currently voting machines are approved by volunteers who are not required to have any computer knowledge nor have any legal authority to force voting machine vendors to offer up their code for inspection.
The Star-Ledger is reporting that Gov. Corzine did amend his personal financial disclosure reports for 2002-2004 to include the $470,000 mortgage he gave and forgave to Carla Katz. Corzine's lawyer Mark Elias said it was to avoid a battle with the U. S. Senate Ethics committee. The mortgage could have been deemed an "asset" in Corzine's portfolio, but any other gifts would not have been disclosed because would not have been so designated.
Meanwhile, Katz is on the defense as presidents of some CWA locals have taken to criticizing her, saying she's just trying to appear tough by disapproving of the proposed contract. The executive board of her own Local 1034 is supporting her.
The Herald has a lovely description of New Jersey's future with global warming as seen by Jonathan Adams, a Rutgers Newark ecology professor. Al Gore will be testifying tomorrow in front of the Senate Science and Technology Committee and the House Energy and Commerce Committee about the global warming crisis.
New Jersey is in the process of testing and buying printers for the Sequoia touch screen voting machines that were purchased in 2005 to comply with the Help America Vote Act- sponsored by non other than Bob Ney of Ohio. In the rush to buy these machines we may have not selected the best kind. It is crucial that the State get a secure reliable voting system because this is how we deliver democracy to the people.
We need to know if the printers are working well and will not break down constantly. We need to know that the VVPT (voter verified paper trail) is legible and well designed; A large sample voters, from all walks of life, should review sample VVPTs and see if the design is clear and easy to understand. We need to know that there will be sufficient audits of the VVPT to ensure that paper tallies correspond to machine tallies. And we need to have good protocols for the storing and delivering of the machines and for how election workers should proceed if fraud is suspected.
New Jersey should also use the experience of other states as a guide. In Feb. 2007 Gov. Crist (FL) announced plans to abandon the touch-screen voting machines bought in 2002, to adopt instead a statewide system of casting paper ballots counted by optical scanners. In Mar. 2006, Gov. Richardson (NM) signed a bill requiring optical scan, saying "Paper ballots serve as the ultimate back-up for our elections, providing secure and permanent verification of the will of the people."
If Sequoia is unable to produce a reliable printer for the VVPT on their touch screen machines we should consider a switch to a paper ballot optical scan system. Other states have abandoned these machines fearing for the security of their elections. Or if we have enough confidence in the Sequoia with the new printer we might consider the example of Virginia: This month Virginia passed a bill to phase out the machines as they wear out, and replace them with optical scanners.
Over half of American voters already cast paper ballots read by optical scanners. The technology is secure. It's accurate. It's accessible. It's verifiable. And it's cost-effective. Voters must have confidence that their vote has been accurately recorded and counted and that election results can be examined and confirmed. The State of New Jersey must do everything possible to provide these guarantees.
We may be better off if we adopt a single statewide system using paper ballots, precinct based optical scanners, and accessible ballot marking devices. Along with auditing protocols for verifying that the optical scanner count conforms to the count of paper ballots. And a bi-partisan approved system for ballot design and protocols for storing and transferring the optical scan machines as well as procedures for the detection of fraud.
Immediately after Nancy Pelosi's swearing-in as Speaker of the House, Representative Rush Holt put the House of Representatives on record that the swearing-in of a Member of Congress does not prejudice the pending inquiry of a contested election in Florida's 13th district.
Holt: Madam Speaker: In light of the facts that partisan and non-partisan lawsuits are underway with regard to Florida's 13th Congressional District and that the votes of 18,000 voters were not recorded on the paperless electronic voting machines in an election decided by 369 votes, may I ask for the record whether a notice of contest has been filed with the Clerk on behalf of Christine Jenningspursuant to law, and what effect, if any, today's proceedings have on pending contests?
Speaker Pelosi: The Chair is advised by the Clerk that a notice of contest pursuant to the statute, section 382 of title 2, United States Code, has been filed with the Clerk. Under section 5 of article I of the Constitution and the statute, the House remains the judge of the elections of its Members. The seating of this Member-elect is entirely without prejudice to the contest over the final right to that seat that is pending under the statute and will be reviewed in the ordinary course in the Committee on House Administration.
The New York Times (Changes Are Expected in Voting by 2008 Election) is now reporting that Rush Holt's Voter Confidence and Accessibility Act has a "strong chance" of passing next year. We heard last month that the bill has 221 co-sponsors in the House. Now:
Having stalled for over two years, federal legislation requiring a shift to paper trails and other safeguards, proposed by Representative Rush D. Holt, Democrat of New Jersey, has a better chance of passing next session, several members of Congress and election officials say.
They say that fixing the voting system is viewed as a core issue by the new Democratic leaders, and the bill already has the bipartisan support of more than a majority of the current House. Senator Dianne Feinstein, Democrat of California, who will be the new chairwoman of the Senate Rules and Administration Committee, said she planned to introduce a similar bill in January.
A reminder: the question of what to do about the thousands of voting irregularities in Florida's 13th district remains unanswered.
Rick Hansen of Election Law is calling on the House to take action. Representative Holt should take note. And you should contact his office, and tell him to take action.
Sent to his office this afternoon. Do the same, if you think it's right.
Rep. Holt,
I was glad to see you step up and say something about the voting irregularities in Florida 13, where 18,000 votes are missing in an election decided by a mere 400. Today, as you know, a lack of a paper trail prevented a thorough audit, and Florida has certified a winner in this election.
That is unacceptable.
While legal actions are being taken, there's a good chance they will not succeed. Something more must be done.
That is why I ask that you lead the fight on the House floor to prevent a member being seated from this district until the House investigates and produces a reccomendation. Petitioning a federal election on the floor of Congress has precedent in Indiana 8 in 1984 and New Hampshire Senate in 1974.
As a nationally recognized advocate for clean electronic-voting, you should lead this fight. For if this and similar acts of disenfranchisement are not beaten back now, then when?
Earlier this week, Representative Rush Holt cited the mass undervoting in a section of Florida's 13th district as evidence the nation needs verifiable voting. Some voters in this area have complained the race was not on their screens, while it is likely the odd placement made the race hard to find. (Notice it is page 2, carrying over from the other FEDERAL race on page 1.)
But this was not a minor problem for a few absent-minded voters. In his press conference, Rep. Holt reminded, "More than 18,000 votes were uncounted in a race separated by less than 400 votes." Voters did not receive receipts (Good eye, FogerRox) left no paper trail to investigate their undervotes in the race, and their complaints have fallen on deaf ears. Like Holt said, "Without a voter-verified paper audit trail, no satisfactory resolution is possible. One side or the other will always doubt the result."
Tomorrow, Florida will certify the Republican as the winner, and some are asking whether there are other paths to recourse. This informative thread over at Kos asks whether a new election is possible. In the comments, readers cite the precedents of Indiana 8 in 1984 and New Hampshire Senate in 1974. In these cases, the federal government helped resolve the matter while the states sat on their hands. In the former, the House refused to seat either member until they reviewed the case and determined the winner qualified. In the latter case, the Senate was petitioned to review the matter and the two candidates agreed to a new election.
If the House refuses to seat the member from Florida 13, as Kos reader gatordem comments, "Under Florida law, the governor is required to call a special election to fill the vacant seat." But of course, a member of the House has to lead that effort.
As a nationally recognized voter-advocate, Representative Holt is the natural choice for such a job. He should strongly consider taking the lead. Contact his office here.
Representative Rush Holt held a press conference today to address irregularities with some electronic voting machines in last week's elections.
As we stand here today, the results in at least one House race remain unknown because thousands of votes were lost by electronic voting machines. Until we require that these systems produce a voter-verified paper audit trail, voters will continue to doubt the outcomes of elections involving these machines, because the results will be unauditable.
The inaccuracy of electronic touch-screen voting machines poses a direct threat to the integrity of our electoral system and to our nation’s democracy. Once again this broken system has been exposed in Florida’s 13th Congressional district where over 18,000 votes went uncounted. Without the means to fully guarantee that every vote is counted as fairly and accurately as possible, the authenticity of our recorded vote will always be uncertain and open to electoral and legal challenges.
Prof Ed Felton and two graduate students - Ariel J. Feldman and J. Alex Halderman were able to hack into a Diebold electronic voting machine and install a virus that changed the results of an election, leaving no trace of tampering. We mentioned this a few days ago, but now you can watch the demonstration they did on Fox "News":
You can read the full research paper and see a more detailed video demonstration at their website. Diebold predictably responded by insisting that their machines are safe, but they still refuse to allow independent testing of their machines. What are they so afraid of? The fact is that any computer can theoretically be hacked, and this latest demonstration should lend more urgency to the need for a voter-verifiable paper record, like Rush Holt's HR-550.
