6/28 Suit- NY voting machine flaw risks 1,000s of votes. SC editorials FOR paper ballots

[WillYourVoteBCounted]

Suit- NY voting machine flaw risks 1,000s of votes. SC editorials FOR paper ballots

June 28 2010

Donna Brazil : "How can we put men on the moon and export democracy abroad, yet still be incapable of administering elections at home with indisputable integrity as to their outcomes? ..It’s time to address this threat to our democracy."...Lawsuit over New York's new ballot machines - flawed overvote warning may disenfranchise 1,000s of voters...TX Gov. Ex-Aide Accused of Vote-Diversion Scheme...Think internet or email voting is a good idea? CIA: Cyber Warfare Could 'Paralyze' U.S...Think we can secure voting machines just like ATMs? Reports say "ATM security flaws a jackpot for hackers"...Latest Verified Voting Newsletter is online now...

All this and more in today's voting news below...

AZ: Election boss: Postpone to allow absentee voting
http://www.navajotimes.com/news/2010/0610/062410absentees.php
The Navajo Nation primary election may be moved from Aug. 3 to Aug. 24 or the 31st to allow absentee voters, particularly those overseas, enough time to get their ballots and return them by mail.

CA: San Bernardino County certifies June 8 results (June 25, 2010)
http://blogs.pe.com/politics/2010/06/san-bernardino-county-certifie.html
San Bernardino County has certified the results of the June 8 election.

Riverside County has finished counting all of the ballots that were in its possession on Election Day.

But the county has not certified the results until officials decide the fate of about 12,500 vote-by-mail ballots found at the post office the day after the election.

CA: 15th Senate District runoff estimated to carry $600,000 pricetag
http://www.montereyherald.com/news/ci_15383885?source=rss
That's what it will likely cost the county to conduct the Aug. 17 runoff election to decide, once and for all, who will represent the 15th state Senate District in Sacramento, according to county Registrar of Voters Linda Tulett.

CO: Colorado State Court Says Secretary of State Can’t Invalidate Signatures Based on Which Candidate Submitted Petition First
http://www.ballot-access.org/2010/06/25/colorado-state-court-says-secretary-of-state-cant-invalidate-signatures-based-on-which-candidate-submitted-petition-first/
On June 25, a Colorado State District Court put Jennifer Coken on the Democratic primary ballot for State House, 4th district. Her petition had been invalidated because the Secretary of State had ruled that she didn’t have enough valid signatures.

GA: Former Dodge Sheriff Sentenced to Prison in Vote-Buying Scandal
http://www.13wmaz.com/news/local/story.aspx?storyid=81119&catid=175
Douglas admitted to conspiracy to commit election fraud when he was elected in 2004, and Gibson pleaded guilty to buying votes.

HI: Publicly funded elections starting in Hawaii despite potential legal questions
http://www.startribune.com/nation/97204354.html

MI: Lawsuit over voter-purge ends; Michigan to stop programs
http://www.freep.com/article/20100626/NEWS06/6260356/
1001/News/Lawsuit-over-voter-purge-ends-
Michigan-to-stop-programs http://is.gd/d8cBq ..."Voter removal procedures like those at issue in this lawsuit, which allow eligible and registered voters to be suddenly stricken from the rolls without notice, are bad for democracy,"

MS: AG: New Albany Man Admits Perjury In Voter Fraud Case
http://www.wapt.com/news/24071819/detail.html

NC: Is There A Better Way Than Primary Runoff For NC?
http://news.mync.com/site/news/story/53103/is-there-a-better-way-than-primary-runoff-for-nc/

NC: Is there a better way than primary runoff for NC?
http://www.reflector.com/state-news/there-better-way-primary-runoff-nc-39696

NE: ES&S cust suppt job HS diploma required
http://omaha.careerlink.com/9/9/3/2/po/000771f.htm

NY: New NY case citing violation of Section 2 of the Voting Rights Act
http://moritzlaw.osu.edu/electionlaw/news/articles.php?ID=7407

NY: New Ballot Machines Are Flawed, Suit Says *
http://www.nytimes.com/2010/06/28/nyregion/28vote.html
Electronic voting machines being deployed for the first time this year across New York City and the rest of the state contain a flaw that could lead to thousands of votes being thrown out, according to a lawsuit that advocacy groups will file Monday.
...
The lawsuit says the current setup violates the Voting Rights Act and asks that New York not use the new machines until more safeguards are put in place.

The complaint, which was given to The New York Times by the Brennan Center, says that Wisconsin developed its system to “return a ballot to the voter immediately” if the scanning machine noted an overvote.

NY: Upper West Side Forum to Tackle Issues With State's New Voting Machines
http://www.dnainfo.com/20100628/upper-west-side/upper-west-side-forum-tackle-issues-with-states-new-voting-machines Advocacy groups said they'll raise concerns at a demonstration of the new machines Monday night on the Upper West Side

Lawyers for the Brennan Center say the machines allow voters to “over-vote,” meaning to cast more than one vote for a particular candidate, but don’t explain what over-voting is, and don’t notify voters that such errors could lead to a great number of votes being thrown out.

NY: Lawsuit against new voting machine
http://www.cnycentral.com/news/story.aspx?id=475590 The suit represents a number of advocacy groups, including the NAACP and Working Families Party. The groups say that non-native English speakers would lose their votes in disproportionate numbers

NY: New Voting Machines Get Chilly Reception on Upper West Side*
http://dnainfo.com/20100625//new-voting-machines-get-chilly-reception-on-upper-west-side (problems with overvote report- message not clear to some voters

NV: Borasky vs. Moore remains undecided* (paper "trail" count 1 off from DRE count)
http://www.pahrumpvalleytimes.com/2010/Jun-25-Fri-2010/news/36614197.html
The recount in the Nye County District 4 county commission race came up with exactly the same count as on election night, County Clerk Sam Merlino said Thursday,
...
The cartridges containing all the ballots had to be inserted in the voting machine, and after printing out 4,000 to 5,000 pages of ballots,
...
"They recounted everything three times. Then they still couldn't find the missing ballot,"

OH: Precinct reductions may be delayed
http://www.vindy.com/news/2010/jun/26/precinct-reductions-may-be-delayed/?newswatch
A proposal to eliminate at least 37 voting precincts in a cost-cutting move may be delayed until the May 2011 election, the chairman of the Mahoning County Board...

SC: Cyber Saturday: What's the deal with South Carolina?
http://www.greenbaypressgazette.com/article/20100626/GPG0602/100625128/Cyber-Saturday-What-s-the-deal-with-South-Carolina- BY DONNA BRAZILE...Some observers have noted the importance of a reliable and verifiable paper trail. Others have advocated removing the corporate interest from voting machines by letting them run on open-source software. Corporations like ES&S, which manufactures the DRE machines, run their machines on proprietary software; it’s like looking at a “black box” because the way it works is a closely guarded business secret.

SC: Zia (Pres of LWV of SC) Voting machines deserve second look
http://www.thestate.com/2010/06/27/1350698/zia-voting-machines-deserve-second.html
The allegations of nasty campaign tactics and election fraud that marked our primary elections have put public confidence in the integrity of our political and election systems at stake. The only way to protect it is for our state’s leaders take steps to assure citizens that every vote is counted accurately.

Our State Election Commission claims that there have been no problems with the voting machines in South Carolina. Since there is no way to recount the vote and no way to match the results against the voters’ intentions, this conclusion is baseless. The time has come to admit the faults in our voting system and begin the process of replacing it with one that allows the vote to be verified, recounted and audited. Our democracy depends on it.

SC: Voter ID on table in Columbia
http://www.independentmail.com/news/2010/jun/28/voter-id-table-columbia/

SC: SC police probe US Senate candidate's finances
http://www.thesunnews.com/2010/06/28/1558194/sc-state-police-investigate-us.html
COLUMBIA, S.C. -- The chief of South Carolina's state police says his agency is trying to determine how unemployed U.S. Senate candidate Alvin Greene got the money to pay his filing fee in the Democratic primary and if Greene broke any laws by the way he presented his financial situation in a court case

SC: Bob Bestler Consider the stakes in casting your vote
http://www.thesunnews.com/2010/06/26/1554285/consider-the-stakes-in-casting.html
Frankly, I've always been leery of get-out-the-vote campaigns that exhort all citizens that they have a duty to vote, vote, vote.
The better campaign would be to exhort all citizens to vote responsibly, vote intelligently.

TX: Texas Gov. Rick Perry's Ex-Aide Accused of Vote-Diversion Scheme
http://www.politicsdaily.com/2010/06/25/texas-gov-rick-perrys-ex-aide-accused-of-vote-diversion-scheme Texas Democrats say GOP Gov. Rick Perry's former chief of staff paid for an unsuccessful effort to get the Green Party on the ballot in Texas in a scheme to divert votes from Democratic challenger Bill White.

TX: Hewett releases report on election problems
http://www.hcnonline.com/articles/2010/06/26/conroe_courier/news
/doc4c2590cc487bb668570977.txt http://is.gd/d8cEZ Montgomery County elections officials are “running an illegally sloppy operation,” said the board member for an elections watchdog group who investigated what former Conroe City Council candidate Leo Hewett callrd “irregularities” ...

TX: Texas Democrats vote to keep Texas Two-Step
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2010/06/26/texas_democrats_vote_to_keep_t.html?cxntfid=blogs_postcards CORPUS CHRISTI - Texas Democrats this afternoon overwhelmingly rejected a proposal to scrap the Texas Two-Step system of awarding presidential delegates through both a primary and caucuses.

WA: GOP musters election case: Open primary hurts it, party contends; state study
http://4g-wirelessevolution.tmcnet.com/news/2010/06/27/4872277.htm
Here's what the Idaho Republican Party considers proof that the state's open primaries violate its constitutional rights: Too many conservative Republicans are losing to moderate Republicans.

WV: No Special Election for Byrd Seat
http://thecaucus.blogs.nytimes.com/2010/06/28/no-special-election-for-byrd-seat/
The interim senator, who will represent the state the next two years, will be appointed by Gov. Joe Manchin III, a Democrat.

Internet Vote Watch

AZ: Delegates may try to suspend election (Navajo Nation Council)
http://www.navajotimes.com/news/2010/0610/061710suspend.php
However, Wauneka rejected the notion of online voting, saying that due to security concerns, online voting will not be available for the election.

CIA: Cyber Warfare Could 'Paralyze' U.S.
http://blogs.abcnews.com/politicalpunch/2010/06/cia-cyber-warfare-could-paralyze-us.html
"It could threaten our grid system. It could threaten our financial system."

Senate 'Internet Kill Switch' Bill Moves Forward
http://www.pcmag.com/article2/0,2817,2365709,00.asp
A Senate committee on Thursday approved a cyber-security bill that has prompted concern about a presidential "Internet kill switch."

Once Again, Bank ATMs Are Not Very Secure
from the well,-duh dept
http://techdirt.com/articles/20100625/1248279961.shtml Some security researchers are about to release their evidence on just how easy it is to hack bank ATMs.

ATM security flaws could be a jackpot for hackers
http://www.reuters.com/article/idUSTRE65O4XS20100625

Twitter Settles with FTC Over ‘Happiness’ Breach
http://www.wired.com/threatlevel/2010/06/twitter-settles-with-ftc/
One of the breaches allowed hackers to take over high-profile Twitter accounts, including then-President-Elect Barack Obama’s and the official feed for Fox News, and view personal information of the account holders as well as send out fake messages through the accounts.

e-Card Check in the Works?
http://shopfloor.org/2010/06/e-card-check-in-the-works/11939
As we’ve noted previously, the National Labor Relations Board (NLRB) has requested information on electronic voting systems. The Wall Street Journal notes our anxiety that such systems could place the integrity of the current secret ballot union representation election process into question.

Oprah Winfrey Network Denies Voting Rig
http://www.aceshowbiz.com/news/view/00033510.html
"We are conducting compliance reviews and we are investigating the allegations," said the spokesperson.

National

Verified Voting Newsletter, Issue 7
http://www.verifiedvotingfoundation.org/article.php?id=6767

Your name on petitions can be made public
www.statesmanjournal.com/article/20100627/COLUMN0108/
6270350/1168/STATE http://is.gd/d8cHJ

CHRISTIAN ADAMS' OPED ON BLACK PANTHERS CASE AND DOJ
http://electionlawblog.org/archives/016284.html
must-read for those who follow issues related to the Justice Department, and is full of some very strong charges.

Why did the Department of Justice drop the Black Panther Party case?
http://politicalactivitylaw.com/2010/06/27/why-did-the-department-of-justice-drop-the-black-panther-party-case/

WATCH THE VIDEO OF HASEN, RASKIN, SHAPIRO AND SIMPSON DEBATE CITIZENS UNITED http://electionlawblog.org/archives/016279.html

THERNSTROM ON THE PROPOSED NEW VRA SECTION 5 REGS (guidelines for preclearance)
http://electionlawblog.org/archives/016278.html Following up on this post, don' miss Abby Thernstrom's analysis of how these rules could change the current approach to section 5.

Bill in Congress for Public Funding Now Has 156 Co-Sponsors
http://www.ballot-access.org/2010/06/26/bill-in-congress-for-public-funding-now-has-156-co-sponsors/ HR 1826, the bill in the U.S. House of Representatives to provide for public funding for congressional candidates, now has 156 co-sponsors.

Federal Register Volume 75 Issue 123Monday June 28 2010
DEPARTMENT OF JUSTICE Antitrust Division
United States, et al. v. Election Systems & Software, Inc.;
Public Comments and Response on Proposed Final Judgment
http://www.gpo.gov/fdsys/pkg/FR-2010-06-28/html/2010-15368.htm
... hereby publishes below the comments received on the proposed Final Judgment in United States et al v Election Systems & Software Inc Case No 11000380JDB

International

Guinea: Election Observer Calls for Patience During Guinea Vote Counting
http://www1.voanews.com/english/news/africa/Election-Observer-Calls-for-Patience-during-Guinea-Vote-Counting---97275199.html Analysts say this is Guinea’s first free and fair presidential vote after gaining independence from colonial power France in 1958.

Pakistan: Electronic voting machine to pave way for transparent elections:
ECP http://www.sananews.net/english/2010/06/29/electronic-voting-machine-to-pave-way-for-transparent-elections-ecp/

Philippines: Report on poll fraud: plug gaps, or nix automation
http://businessmirror.com.ph/index.php?option=com_content&view=article&id=27015:report-on-poll-fraud-plug-gaps-or-nix-automation&catid=23:topnews&Itemid=58
SPORADIC cheating in the country’s first automated general elections last month appears to be confined to local races, the chairman of the House Committee on Suffrage and Electoral Reforms has concluded.

But these, taken with the “fitful credibility” with which technical provider Smartmatic-TIM explained crucial date-and-time stamp issues in the vote-counting machine, and the Commission on Elections’ move to discard certain security features, made it necessary to revisit the country’s experiment with automation—and perhaps even set it aside for the next elections if the loopholes of the May 10 exercise are not plugged.

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