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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.

27 of 177 comments (clear)

  1. Corporations by ZuG · · Score: 5, Insightful

    Unfortunately, the corporations seem to win no matter what you do. Running a ballot measure is incredibly expensive. It costs a lot of money to raise public awareness of an issue and run things like get out the vote measures.

    Dragging out a measure with a revote tilts things well in favor of corporations, who have the cash to sustain such an operation. Now the reformers are going to have to fundraise all over again so they can try to put forth an effort in the next election.

    1. Re:Corporations by spazmolytic666 · · Score: 3, Insightful

      Superior Court Judge Winifred Smith also said county officials should pay attorneys' fees and reimburse a medical marijuana group more than $22,000 for the costs it incurred during a disputed recount shortly after the November 2004 election.
      At least the medical marijuana group got reimbursed for their attorney fees but... You are right, they now have to campaign to get people out to vote for this again and that equals $$$. It's hard enough to get around all the government disinformation about marijuana, so many people have been brainwashed into thinking the "war on drugs" is doing something good for us. The "war on drugs" is sending non-violent drug users to prison where they learn to be criminals and are more likely to turn into criminals because now their job options are limited by going to prison. It also creates a large black market (aka gangs and crime). Just look at what happened during the alcohol prohibition.

      --
      Help! I've fallen in a karma hole and I can't get up!
    2. Re:Corporations by ScentCone · · Score: 4, Funny

      the corporations seem to win no matter what you do

      You'd think that Frito-Lay would be all over this initiative. And Dominos. While it may be hard to re-muster the Stoner Caucus to do this all over again, perhaps the Munchie Cartel can pick up the slack.

      California. *sigh*

      There's plenty of reasons to re-invent electronically-assisted voting (I like the also-spits-out-paper variation, myself), but it really doesn't help the cause when - to a casual newsreader - an important test case seems to be about weed.

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re:Corporations by cez · · Score: 4, Funny

      Plus... this is for a medical marijuana vote... I'm sure it was tough enough for supporters to make it to the polls the first time! Who imagines they'd actually remember when the revote will be...

      --
      Walk with Music;
    4. Re:Corporations by mrogers · · Score: 4, Funny

      This is a rare case of Diebold tallies matching the exit polls: the machines couldn't remember how the votes were cast and neither could the voters.

    5. Re:Corporations by Deagol · · Score: 4, Insightful

      I think he meant that the history behind the demonization of weed has been solely to the benefit of big business, the prison industrial complex, and big government, while at the expense of taxpayers and the freedom of many individuals. All with a host of evidence supporting that, in terms of substance with abuse potential, pot should be *way* down on the priority list, if on the list at all.

  2. Yay! Now ban the machines by Reality+Master+201 · · Score: 4, Insightful

    I'd be nice to eliminate the source of the problem, rather than have to litigate over the after-effects.

  3. Re:Yay! Now ban the machines by RandoX · · Score: 3, Funny

    Yes, you would.

  4. 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.

  5. 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.

  6. Re:Info on the ACTUAL measure being voted on by Rob+T+Firefly · · Score: 5, Insightful

    I think so far as Slashdot and EFF are concerned, the actual issue is a virtual irrelevance. Whether you're voting on a world-changing issue in the seat of national government or a proclamation to put an extra stop sign on the corner of Turkey and Buzzard streets in Bumsville Idaho, the damn things need to work correctly.

  7. 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.

  8. Just look at the paper ballots! by frdmfghtr · · Score: 4, Insightful

    Why bother with all that when you can just look at the paper ballots that where printed when...oh wait...there AREN'T ANY!

    This is a prime example of why a purely electronic record of the vote is a Bad Idea. If paper ballots had been printed, reviewed by the voter before being deposited in a secure ballot box, and retained for a recount, there would be no issue.

    Against the cost of re-running a vote, those printers are starting to look pretty chap, I'd wager.

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
  9. Re:Conspiracy hat ON! by faloi · · Score: 3, Insightful

    What's the old adage? Never attribute to malice that which can be adequately explained by stupidity. I'm betting there was a lot more than just the results of this ballot measure stored on the machines. They get 'em back, because the clerk sends it back, they start erasing the machines because...well...it's what they do. Then they get flagged that there's this lawsuit going on, and they shouldn't start erasing them yet. Next thing you know, you go another election.

    I have a much easier time believing there was a lot of stupidity on the part of a lot of people than I do believing they were able to successfully orchestrate something that would only end up forcing a re-vote anyway.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  10. Re:Yay! Now ban the machines by sacrilicious · · Score: 5, Insightful
    If you had read the article, you would know that the problem was not the machines.

    But the problem really was the machines. Diebold's machines don't create paper trails. If there'd been a paper trail, that paper wouldn't have gone back to Diebold HQ and would not have been erased.

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  11. The solution by clickety6 · · Score: 3, Funny



    We need to get rid of these electronic polling machines.

    They should raise a proposition on this so that we can vote on the issue.

    --
    ----------------------------------- My Other Sig Is Hilarious -----------------------------------
  12. Look at how other industries work. by zerofoo · · Score: 4, Insightful

    Most industries (finance, law, medicine, accounting...etc) would laugh at the idea of IT systems that have no audit trail. In the worst case scenario, the business could be held liable for damages (sometimes criminally) if certain controls and audit functions are not in place.

    The fact that these machines were ordered, designed, and implemented without these controls shows incompetence (or corruption) at every level of the process - from voting administration, to the manufacture, sale, and installation of the equipment.

    Those who allowed this to happen, should be the subject of investigation by the Department of Justice. Unfortunately, we may have to wait for another administration to do the right thing.

    -ted

  13. Why by SimonGhent · · Score: 4, Insightful

    Why is this put to a public vote?

    If the medical establishment say that something has a clinical benefit, what business is it of the public?

    Should we have a referendum for every new drug?

    --
    simon
    1. Re:Why by MindStalker · · Score: 3, Insightful

      Because there was a clear law that stated the drug was illegal. New drugs already have a approval process, but you can't just erase old laws without a vote of some sort.

    2. Re:Why by sexybomber · · Score: 5, Insightful

      You're absolutely right; OxyContin is illegal without a prescription because it's a Schedule II substance. Marijuana, on the other hand, is on Schedule I, which is where they put drugs that:

      # The drug has a high potential for abuse.
      # The drug has no currently accepted medical use in treatment in the United States.
      # There is a lack of accepted safety for use of the drug.

      (from Wikipedia)

      Schedule I drugs are illegal, period, because the government feels that there's no legitimate reason you should be using them. They consider any use of a Schedule I substance a "recreational" use, because in their opinion, you couldn't possibly be using that substance to treat any illness or condition.

      Of course, pure THC (aka Marinol) is Schedule II, so you could get a prescription for it if you wanted to. But Marinol is manufactured by the drug companies, whereas you could theoretically grow your own marijuana and cut out the middle-man. Hmmmmm, I'm beginning to see a pattern here...

    3. Re:Why by Ungrounded+Lightning · · Score: 3, Interesting

      Schedule I drugs are illegal, period, because the government feels that there's no legitimate reason you should be using them. They consider any use of a Schedule I substance a "recreational" use, because in their opinion, you couldn't possibly be using that substance to treat any illness or condition.

      Which brings up the questions:
        - What is illegitimate about recreation?
      and more importantly:
        - Where does the government claim to find constitutional authorization to ban particular recreations?

      Of course since the RICO laws reestablished the financial incentive structure that drove the Spanish Inquisition you'll have a hard time getting support to strike down the drug laws from those who benefit in government and law enforcement.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  14. Re:Shame on... by ScentCone · · Score: 3, Insightful

    It won't do jack shit for their reputation, and that of their machines. All anyone will know is that this election had to be redone, Diebold could have prevented that, and if they'd used paper ballots, it wouldn't have had to be redone.

    So, you're in favor of the equipment vendor actually having a hand in the policies and practices of running the elections themselves? This is exactly the sort of thing that people have been screaming about - too MUCH influence by the hardware vendor.

    Again, shame on Diebold for not having a fscking clue how to make and sell their product.

    Except, they made it just fine (it did just what it was asked to do), and they sold it just fine, too. You seem to be suggesting that they should have their own people sitting in election board offices, monitoring the ups and downs of a political process at the local level, and consulting on how the local election board should carry on with the daily activities that they are paid to conduct. Is it your perception that part of Diebold's sales cycle and contract with the entities that use their gear is that they should be on call to direct those districts/states/municipalities/counties in making election process decisions - relative to local statutes and election rules and particular events - about when and how in-machine data should be handled after the election is over? Was that part of the sale - such relatively open-ended consulting services? How many election board meetings should thousands of Diebold employees attend in order to save people from themselves? How many tinfoil-hat conspiracy nuts would then see their involvment in such proceedings to be just another case of elections being 'stolen' by whoever it is they hate that week? Can't have it both ways.

    --
    Don't disappoint your bird dog. Go to the range.
  15. Re:Yay! Now ban the machines by Lumpy · · Score: 5, Funny

    'd be nice to eliminate the source of the problem, rather than have to litigate over the after-effects.

    Agreed but it's highly illegal to take all politicians and corperate executives and kill them on pikes in public.

    --
    Do not look at laser with remaining good eye.
  16. For some things, analog is best. by pjt48108 · · Score: 3, Insightful

    The focus of discussions on e-voting machines always seems to come down to the reliability and accuracy of the audits. What this ignores is the potential for the actual voting records to be altered prior to inclusion in the overall voting record.

    The problem with e-voting (in my opinion) is not so much the audit trail, but the fact that e-voting adds unnecessary levels of complexity (and obfuscation and unaccountability) to the voting process. This is the result of government leaders attempting to perform vital civic services on the cheap: why pay poll workers and vote counters, when we can just use machines that do this fast and automagically?

    What the use of e-voting machines invites is the ability/potential not only to count votes FASTER, but to do so behind a hardware/software interface, where much malfeasance can be conjured in code and executed on-the-fly, beyond the observational capacity of effectively the entire voting population.

    Some things are better dealt with in the analog world. A true and accurate accounting of the will of the people is too important to a democracy for us to cut corners. I think it is worth the cost of paper ballots and carbon-based vote counters to effect the will of the people (however much one may or may not agree with the peoples' will).

    That's my two cents on a Thursday before 11am (the time of the morning at which my brain always chugs to life).

    --
    Mmmmmm... Bold, yet refreshing!
  17. Re:Why hasn't this been fixed? by sacrilicious · · Score: 3, Insightful
    Why hasn't this been fixed already?

    It really makes one think, doesn't it? I'll quote a slashdot entry from an earlier related discussion:

    The e-voting machines produced by Diebold are deeply flawed in concept.

    The "e-voting" concept should be that the computer prints the ballot and that paper ballot is your vote. That ballot lists ONLY the names you chose. You read that and drop it into the ballot box.

    The computer counts the number of paper ballots it has printed for each candidate. This number can be released to the news agencies. But the real vote is the paper ballot.

    At the end of the day, the names of the voters who used that machine are counted, the paper ballots are counted and both of those are compared to the total number of votes the machine says were cast. If they don't match, there is a problem.

    In case of recount, the paper ballots are hand counted.

    A random number of machines are checked against the ballots cast at them.

    The fact that this is such an obvious solution and that it is so trivial to implement is what makes the chosen convoluted, hackable, no-recount alternative so suspicious. What company would choose (and what government would allow) anything but the easy and elegant solution described if not because they plan to perpetrate election fraud?

    --
    - First they ignore you, then they laugh at you, then ???, then profit.
  18. It's a question of degree by paladinwannabe2 · · Score: 3, Insightful

    Reasonable intelligent supporters of marijuana legalization don't think it's harmless, they just think it's less harmful than alcohol, which is legal. I don't know enough say for sure that marijuana is less harmful, but I've never seen any good studies suggesting that it's more harmful. (Certainly the study you link to could have been about alcohol instead, and no one would bat an eye).

    --
    You are reading a copy of my copyrighted post.
    1. 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).
      --

      You can't take the sky from me...