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Judge Voids Un-Auditable California Election

For only the second time in California history, a judge in Alameda County voided an election result and called for the election to be re-run, because the e-voting tallies from Diebold machines couldn't be audited. The vote was on a controversial ballot measure addressing the operation of medical marijuana dispensaries, and the result was a close margin. Activists went to court to demand a recount, but after the lawsuit was filed, elections officials sent voting machines back to Diebold. The court found that 96% of the necessary audit information had been erased. The judge ordered the ballot measure to be re-run in the next election.

11 of 177 comments (clear)

  1. Info on the ACTUAL measure being voted on by jez9999 · · Score: 2, Informative

    Here's some info on what was actually being voted on, because both the SLashdot and EFF summary treat it as a virtual irrelevance:

    The plaintiffs were backers of Measure R, which would have allowed medical marijuana clubs to move into retail areas in Berkeley without public hearings and would have erased limits on the amount of cannabis that patients could have.

    According to the county's certified results, the measure lost, 25,167 to 24,976. The initiative lost again in a recount.

    1. Re:Info on the ACTUAL measure being voted on by Secrity · · Score: 3, Informative

      "The initiative lost again in a recount."

      The judge ruled that it did not lose on a recount and that the measure is to go back on the ballot in the next election. It was found that it was impossible to do a recount because the data had been erased.

  2. Re:Yay! Now ban the machines by will_die · · Score: 4, Informative

    If you had read the article, you would know that the problem was not the machines.
    The city did perform a dump of the data before they returned the machines to Diebold; that was the responsibility of the people in california. Diebold was clearing the machines and when told to stop they did, however only 20 of the 400+ machines had not been cleared.

  3. Re:Shame on... by will_die · · Score: 3, Informative

    From the article it was the responsibility of the place holding the vote to do the dump of the data.
    Diebold was responible for clearing the machine once it was returned, which they did.

  4. Re:New business model by gmack · · Score: 2, Informative

    They do compete in the private sector.. Diebold is a major producer of ATM machines.

  5. Re:Why by cez · · Score: 2, Informative

    illegal for recreational use... I could be wrong, but oxycotin is considered illegal as well if you do not have a prescription.

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  6. Re:Missing the big picture by Mr.+Slippery · · Score: 2, Informative

    They even had a non-partisan group do a recount after the fact, and the paper trail showed that Bush in fact did win Florida.

    No.

    Data from the NORC recount shows that under the legal standard in force at the time, the "intent of the voter", more ballots were cast for Gore than for Bush.

    As the Washington Post admitted (though only deep into an article whose headline and lead tells how recounts would have favored Bush):

    Under several scenarios examined by the consortium, and using a standard in which two of the three reviewers agreed on the markings on each ballot, Gore emerged with more votes than Bush.

    The overvotes that could have provided the margin for Gore were on ballots where voters tried to be extra-clear in their choice and ended up nullifying the vote. They filled in the oval next to a candidate and then filled in the oval for "write-in" and wrote the same candidate's name again.

    ...

    The narrowest margin, according to the study, came under a scenario in which at least one corner of a chad was detached from punch-card ballots -- the prevailing standard across the state of Florida at the time -- or any mark on the optical scan ballots showing clear voter intent. In that case, the study showed Gore with 60 votes more than Bush.

    Gore's margin grows under three other scenarios. Under the least-restrictive standard for interpreting voter intent, which counted all dimpled chads and any discernible optical mark (which in the case of optical ballots Florida's new election law now requires to be counted as votes), Gore had 107 more votes.

    Gore's margin rose to 115 votes in the study under a tighter standard, calling for chads to be fully punched and a more restrictive interpretation of what constitutes a valid mark on optical scan ballots.

    But this is one case where disagreements among the reviewers affected the outcome. Gore won under this scenario when two of the reviewers agree on the markings. Under a standard in which all three were required to agree, Bush won by 219 votes.

    Gore's largest margin in a statewide recount involving all ballots comes under a scenario that sought to recreate the standards established by each of the counties in their recounts. In that case, Gore emerged with 171 more votes than Bush.

    That's not even taking into account the inclusion of illegitimate absentee ballots that favored Bush, or the illegal disenfranchisement of likely Gore voters, or the poorly-designed and illegal "butterfly ballots" in Palm Beach.

    It also appears that, emboldened by their success in Florida in 2000, the Bush camp went on to conduct massive vote fraud in Ohio in 2004, quite possibly enough to steal the election there.

    uh oh, forgot to put on the flame retardant overcoat before I said that

    Not meant as a flame. The corporate mainstream media did in fact report as if the recount favored Bush, by focusing on what recounts were demanded under Gore's strategy rather than the question of what ballots were actually cast.

    But it is clear that in Florida in 2000, more voters went to the polls intending to vote for Gore; despite intimidation and illegal purges of the voter rolls, more voters got to the voting booth intending to vote for Gore; and despite bad balloting technology and practices (which disproportionately affected poor neighborhoods, making a mockery of "equal protection"), more voters voted for Gore than voted for Bush.

    But the GOP played better politics than the spineless, gonad-less, soulless thing that is all that remains of the Democratic Party. And so came the point the historians will mark as the end of the

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  7. Re:Why hasn't this been fixed? by tlhIngan · · Score: 2, Informative

    Maybe I missed something, but it seems to me that this is simply an issue about whether the machines should have a printer attached.

    Obviously many people think that would be a good idea.

    Do others suggest it would be a bad one? Why? What is the reasoning behind that? Or was it just that nobody thought of that when designing the machines?

    Why hasn't this been fixed already?


    Obviously someone who has never watched or read about the Diebold systems. They already have printers attached! Which proves it's not a technical issue at all, since part of the process is to print out a "zero tape" to prove that the totals inside the machine are zero. (Whether or not such thing is useful is debatable, since a zero tape proves nothing. It's trivial to change the software from printing the actual total to actually print a literal zero... more complex if you want to pass by an audit, but not terribly difficult to make a simple slip-up and actually print zeros when the internal totals aren't zero).

    I think the printers even have a little window to which you can peek at them, and they don't necessarily output a slip, but remain in a locked box, too... (well, as secure as the memory card lock, anyhow...)
  8. Re:Why by Anonymous Coward · · Score: 1, Informative

    You mean kind of how the sale of the ephedra plant has been outlawed for use as a medicinal herb because it is "dangerous" yet ephedrine hcl which is far more potent and dangerous remains legal.... that couldn't possibly have had anything to do with pharmaceutical companies wanting a cut of the energy / diet pill market. Of course it left allergy and asthma sufferers out in the cold.

  9. Schedule I Status by evought · · Score: 2, Informative

    illegal for recreational use... I could be wrong At the federal level, it is considered illegal for all uses. It's classified in the same bracket as heroin.

    a Schedule I drug according to the Controlled Substances Act of 1970, which classified marijuana as having high potential for abuse, no medical use, and not safe to use under medical supervision. Which any scientific study will tell is a load of steaming bullshit :(

    True. Regardless of any feelings on the morality of marijuana use or whether it should be legalized, its Schedule I status, putting it on the same level as crack and amphetamines, is simple stupidity. It has well documented uses, is quite safe, and is no where near as addictive as any number of illegal drugs, and may be less so than alcohol. It does have potential for abuse and that is a different question.

    The concern is, presumably, that admitting it has uses, given that it is relatively safe (particularly as compared to commonly prescribed opiates), it will become widely used medically. This is a political issue though and a stupid one. It has nothing to do with medical facts and a lot to do with fiber production.

    The debate over whether marijuana should be recreationally legal, whether its use commonly endangers others (say, driving under the influence), and what any penalties should be is heavily clouded by this problem. It also makes the whole drug problem harder because it makes the entire drug classification system look partisan and useless, which, to some extent, it is exactly that. It results in a loss of respect for the system.

  10. Re:It's a question of degree by Scrameustache · · Score: 4, Informative

    it's less harmful than alcohol, which is legal. I don't know enough say for sure that marijuana is less harmful Not a single person in the history of mankind has smoked himself to death with Cannabis, ever.

    But with booze (in the United States alone): The annual average number of deaths for which alcohol poisoning was listed as an underlying cause was 317, with an age-adjusted death rate of 0.11 per 100,000 population. An average of 1,076 additional deaths included alcohol poisoning as a contributing cause, bringing the total number of deaths with any mention of alcohol poisoning to 1,393 per year (0.49 per 100,000 population).
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