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California Bans Paperless Voting -- For 2006

bizpile writes "Gov. Schwarzenegger signed a law requiring that all electronic voting machines produce paper records of every ballot cast. Under the bill, signed Monday, voters will not be able to touch or keep the records. Instead, election officials will put them in locked boxes if a recount is needed. Legislators in nearly two dozen states have introduced similar bills and New Hampshire, Illinois and Oregon already have laws requiring paper backups. However, those states have few, if any, touch-screen voting terminals. The law goes into effect in 2006. Now if they could just figure what to do this election."

17 of 46 comments (clear)

  1. this shouldnt be happening in california... by applegoddess · · Score: 4, Insightful

    it should be happening in places like florida and other important/swing states, and all places that use voting machines that are as vulnerable as Diebold's pieces of junk...and this election is so much more important than the 2006 election in california ):

  2. Two issues by Anonymous Coward · · Score: 3, Interesting

    Under the bill, signed Monday, voters will not be able to touch or keep the records.

    They'll be able to see them though, right? Right? Otherwise, what stops an incorrect electronic vote being backed up by an incorrect paper vote?

    Instead, election officials will put them in locked boxes if a recount is needed.

    So who decides when a recount is needed? If a voting machine screws up 10% of the time and the winning margin is 5%, how will that be picked up against the assumed scenario of a voting machine working correctly and the winning margin being 5% to a different candidate? If an outcome is so obviously false (e.g. twice as many votes as voters), then the paper trail isn't necessary, and if the paper trail is followed for every election, there is no benefit over normal paper voting.

    Of course, everyone advocating for pen + paper voting in the first place (of which I am usually one) will point out, "yes, we've been saying this for years", it just seems that it's so completely and utterly without merit that I must be missing something obvious.

  3. Give the man his due. by Dr.+Bent · · Score: 4, Insightful

    OK I realize that this may be a bit offtopic, but I've got Karma to burn, so here goes:

    Arnold is doing a good job as Governor.

    Uh oh...I've gone and done it now. I've thrown all my credibility out the window. I must be an idiot for thinking that an actor could be a good governor. I must be stupid for thinking that anyone but a professional politican could actually hold office, not to mention the top executive office of the most powerful state in the union.

    To those politically ill-informed among you, I know this may come as a shock. I know that you enjoy following every reference to the Governor with some half-wit, cliche joke about how he's going to 'terminate' something, but guess what? He's actually doing his job well. Balancing the budget, reforming the workman's comp program, and lots of other little-published but much needed reforms (such as this one) are all what California desperately needs.

    The framers didn't want America to be run by professional policicans. They wanted America to be run by it's people. Average citizens to step for a few years to perform a civic duty, and then go back to the private sector to get on with thier lives. That's what Arnold is doing. He's cleaning up other people's messes because it needs to get done. I'm sure he got lots of other motivations that are not nearly as noble, of course, but the fact remains that he's fixing a problem that needs to be fixed, and you have to give him credit for that.

    1. Re:Give the man his due. by Bombcar · · Score: 2, Interesting

      Ah, we love to call him the Governator, and it makes it all the better when he actually does a good job.

  4. Judgement Day by urbaer · · Score: 2

    "By the time Skynet became self-aware it had spread into millions of computer servers across the planet. Ordinary computers in office buildings, dorm rooms; everywhere. It was software; in cyberspace. There was no system core; it could not be shutdown. The attack began at 6:18 PM, just as he said it would. Judgment Day, the day the human race was almost destroyed by the weapons they'd built to protect themselves. I should have realized it was never our destiny to stop judgment day - merely to survive it, together. The terminator knew; he tried to tell us. But I didn't want to hear it. Maybe the future has been written..."
    Terminator 3: ROTM

    Yeah, see it'll be better if Skynet prints out a statement on a little bit of paper telling us this.

    -- SKYNET --
    Judgement Day will occur today
    Thank you for your input
    --MESSAGE ENDS --

    I really, really need more sleep.
    Someone come up with something funnier... please...

  5. Illinois... by Slime-dogg · · Score: 2, Insightful

    It doesn't really matter what policy Illinois has. It's the home of the democratic machine. It's where Obama comes from. Even if the state had a real republican vote, enough dead people would vote democrat to change that result.

    It's strange, though. About 85% of the land area of Illinois contains primarily republicans, but it's really just the vote of Chicago that matters.

    --
    You need to restart your computer. Hold down the Power button for several seconds or press the Restart button.
  6. Thermal printers by k4_pacific · · Score: 3, Insightful

    Are they using thermal printers or dot matrix? I've noticed that thermally printed receipts tend to fade after a few weeks.

    --
    Unknown host pong.
    1. Re:Thermal printers by Txiasaeia · · Score: 2, Funny

      Dot matrix is too horrible to imagine: a million printers chattering in unison, their screams overtaking the cries of anguish should win. It will be a tragedy like no other.

      --
      Condemnant quod non intellegunt.
    2. Re:Thermal printers by MagicM · · Score: 2, Insightful

      I think dot matrix might cause a privacy issue. It would be easy enough to tell by the sound which candidate the vote is for.

  7. Why this bill rocks - full analysis by JimMarch(equalccw) · · Score: 2, Informative

    The complete bill text is available at: http://leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb _1438_bill_20040827_enrolled.html Before going into the effects, let's talk about how recounts work: There is already a California law mandating a 1% random "spot check" manual recount post-election. So that's one way. Two, elections officials can do more recounting at their own discretion if they "smell a rat". It's not very common. Three, the loser of a race can ask for a manual recount. If they STILL lose, they pay the cost of the recount. There are reform proposals out there to increase the amount of post-election recount to somewhere between 3% and 5% and second, rather than random recounts, let party officials or candidates each offer "recount THESE precincts!" suggestions. They're more likely to know "where the bodies might be buried" if there's been cheating. ------------- The voter can't be allowed to prove later how they voted. That'll lead to threats if they "don't vote right" from union bosses, corporate bosses or whatever, or vote selling. Most proposals call for printing "under glass" so you can see the paper, you can hit a "cancel button" if it's not right, or you can approve it. ------------ Existing law says that the "will of the voter" is what really matters, and must be what post-election recounts are looking for. Therefore, while this bill (SB1438) doesn't specifically say that the paper trail is the "final ballot of record", that IS how they'll be treated if there's a discrepancy between the paper record and the electronic record. ------------ What this REALLY produces is a "voter verified paper trail" (VVPT). The bill uses the term "voter verified paper audit trail", but then *defines* that term explicitly: "19251(c) "Voter verified paper audit trail" means a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot." It works as written, but we dodged a bullet here. "Voter verified paper audit trail" is a term used by proponents of a "crypto audit trail" that does NOT allow the voter to confirm each individual selection at the polling place. Votehere and others have been promoting these "all crypto solutions" where the voter gets a "number" and can then confirm that their vote was recorded, but not what they voted for. Votehere is saying that the "background crypto" would form "proof" that the vote was recorded properly, and Diebold has been quietly promoting this as an alternative to a true VVPT. Crypto is fine, but only if the basic code around it is "known honest". Diebold for one is doing "known DIShonest" code. So thank the diety of your choice that the phrase "allows each voter to confirm his or her selections" is present in SB1438. We can do crypto ON TOP of a VVPT system but under SB1438, NOT in place of a VVPT. Jim March Member, Board of Directors, Black Box Voting (www.blackboxvoting.org)

  8. Bill analysis - WITH formatting this time! (sigh) by JimMarch(equalccw) · · Score: 3, Informative

    The complete bill text is available at:

    http://leginfo.ca.gov/pub/bill/sen/sb_1401-1450/ sb _1438_bill_20040827_enrolled.html

    Before going into the effects, let's talk about how recounts work:

    There is already a California law mandating a 1% random "spot check" manual recount post-election. So that's one way.

    Two, elections officials can do more recounting at their own discretion if they "smell a rat". It's not very common.

    Three, the loser of a race can ask for a manual recount. If they STILL lose, they pay the cost of the recount.

    There are reform proposals out there to increase the amount of post-election recount to somewhere between 3% and 5% and second, rather than random recounts, let party officials or candidates each offer "recount THESE precincts!" suggestions. They're more likely to know "where the bodies might be buried" if there's been cheating.

    -------------

    The voter can't be allowed to prove later how they voted. That'll lead to threats if they "don't vote right" from union bosses, corporate bosses or whatever, or vote selling. Most proposals call for printing "under glass" so you can see the paper, you can hit a "cancel button" if it's not right, or you can approve it.

    ------------

    Existing law says that the "will of the voter" is what really matters, and must be what post-election recounts are looking for. Therefore, while this bill (SB1438) doesn't specifically say that the paper trail is the "final ballot of record", that IS how they'll be treated if there's a discrepancy between the paper record and the electronic record.

    ------------

    What this REALLY produces is a "voter verified paper trail" (VVPT). The bill uses the term "voter verified paper audit trail", but then *defines* that term explicitly:

    "19251(c) "Voter verified paper audit trail" means a component of a direct recording electronic voting system that prints a contemporaneous paper record copy of each electronic ballot and allows each voter to confirm his or her selections before the voter casts his or her ballot."

    It works as written, but we dodged a bullet here.

    "Voter verified paper audit trail" is a term used by proponents of a "crypto audit trail" that does NOT allow the voter to confirm each individual selection at the polling place. Votehere and others have been promoting these "all crypto solutions" where the voter gets a "number" and can then confirm that their vote was recorded, but not what they voted for. Votehere is saying that the "background crypto" would form "proof" that the vote was recorded properly, and Diebold has been quietly promoting this as an alternative to a true VVPT.

    Crypto is fine, but only if the basic code around it is "known honest". Diebold for one is doing "known DIShonest" code.

    So thank the diety of your choice that the phrase "allows each voter to confirm his or her selections" is present in SB1438. We can do crypto ON TOP of a VVPT system but under SB1438, NOT in place of a VVPT.

    Jim March
    Member, Board of Directors, Black Box Voting (www.blackboxvoting.org)

  9. Oregon's law doesn't matter... by Anonymous+Freak · · Score: 2, Informative

    Because Oregon only does vote-by-mail. It's all 'fill-in-the-bubble' optically read forms, mailed in to the elections office. There are *NO* traditional polling places in Oregon any more. Since all the ballots have to be mailed in (or, for those who want to save on postage, dropped off at the elections offices or at special 'drop boxes' placed around towns in the week leading up to election day,) there is obviously a paper trail. There is always the paper receipt of every vote.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  10. Correction on Oregon by afabbro · · Score: 2, Informative
    ...Oregon already have laws requiring paper backups.

    No, Oregon doesn't.

    All voting in Oregon is via mail. There are no voting booths or voting machines of any kind.

    --
    Advice: on VPS providers
    1. Re:Correction on Oregon by JimMarch(equalccw) · · Score: 2, Insightful

      Yes...BUT there's still two problems:

      1) If somebody doesn't vote for any candidate in a given race, it's easy for somebody at elections HQ to fill in a dot and "choose for them". This was documented in Napa County Calif in the last election via forensic ink analysis in at least 38 cases for a close local race.

      2) There's no independent election monitors making sure people aren't pressured at home or work or whatever to "vote properly" as happened in San Francisco when a city work manager herded his dozen or so employees through the absentee process, looking over their shoulder as they filled out the ballot. Polling places prevent this crap.

  11. Re:Can they SEE the records? by JimMarch(equalccw) · · Score: 2, Interesting

    Yes, you can see the paper and confirm every vote. Most proposals put it "behind a sheet of glass" so you can't lay mitts on it and walk away with it, but that's OK as the voting machine has a "wait, hold it, I did NOT vote for THAT asshole!" button allowing you to restart (and that piece of paper is cancelled).

    Other lower-cost alternatives involve a large sheet of paper people are less likely to walk away with; they'll stuff the sheets in a ballot box. Problem is, some people WILL be dumb and carry the paper off, meaning their vote can't be hand-counted and they can prove how they voted (selling their vote, etc).

    "Behind glass" is preferable.

    One thing though: the printer has to have an automated "cutter" or otherwise drop individual sheets to the bottom of the bucket rather than use a take-up reel on a paper spool. A take-up reel gives you the vote order; cross-ref against the sign-in list and you can strip the privacy of who voted for what.

  12. NH Correction by ThatTallGuy · · Score: 2, Informative
    > New Hampshire, Illinois and Oregon already have laws requiring paper backups.

    Sorry, I believe your information on NH is incorrect also. What goes on in NH with electronic voting machines (they print a filled-out ballot which is then optical-scanned like any other ballot) is policy due to the intervention of the Asst Secretary of State, not law.

    I'm running for State Representative in NH and safe electronic voting is one of my core issues. See www.ThatTallGuy.net.
    --
    ThatTallGuy

  13. It's too early to make that call by SewersOfRivendell · · Score: 2
    As a California resident who voted for der Gropinator, you'll forgive me if I say that I think the jury is still out. He still has a few years to go, and I'm not necessarily convinced. California's financial mess is not sorted out yet, not even close. The day of reckoning has been postponed, but not eliminated.

    Also, despite his campaign promise to only sit for one term, I find it unlikely that Arnold will be unable to resist attempting reelection, and even the presidency when the GOP comes calling.

    But you never know. God knows he's better than Gray Davis, who sold us out to the power companies for years to come.