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All Fifty States May Face Voting Machine Lawsuit

according to an announcement made by activist Bernie Ellis at the premier of David Earnhardt's film "Uncounted [The Movie]" all fifty states could be receiving subpoenas in the National Clean Election lawsuit. The documentary film, like the lawsuit, takes a look at the issue of voting machine failure and the need for a solid paper trail. "The lawsuit is aimed at prohibiting the use of all types of vote counting machines, and requiring hand-counting of all primary and general election ballots in full view of the public. The lawsuit has raised significant constitutional questions challenging the generally accepted practices of state election officials of relying on "black box" voting machines to record and count the votes at each polling station, and allow tallying of votes by election officials outside the view of the general public."

14 of 436 comments (clear)

  1. Re:Why not have voting machines that print ballots by toleraen · · Score: 1, Informative

    The voting machine prints out Presidential runner X, but internally notes you voted for Presidential runner Y. That's been the general problem.

  2. Re:Why not have voting machines that print ballots by bhima · · Score: 1, Informative

    Because buying and selling votes is illegal.

    Seriously, this has been discussed to death in the security / crypto circles and there are *a lot* of really good ideas floating around. All that's really needed is a competitive process to select the best one... like the crypto community did with AES.

    This problem is so solvable the current state is infuriating.

    --
    Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
  3. Re:Hand counting is a fraud too by Z00L00K · · Score: 4, Informative

    The possibility of hiding a skewed algorithm in an electronic voting machine is much easier than to get a really skewed result from hand-counting. This implies that there are several persons doing the hand counting, and that they are evenly distributed through the parties. A skewed algorithm in an electronic counting can easily drift to one side, while the hand-counting will have an error that is around the center. It's only if the outcome falls down to very few votes that it may matter.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  4. All 50? by Phroggy · · Score: 3, Informative

    I'm perfectly happy with the way voting works in Oregon.

    You get your ballot in the mail, and fill in the little bubbles with a pencil or pen, just like the standardized tests we're all familiar with. You fold it up and seal it in a "secrecy envelope" which does not have any personally identifying marks. Then you seal that in another envelope which has your name, mailing address, and a barcode on it; this envelope must be signed. You can either mail it, or drop it off in a secure ballot box somewhere (such as at a public library). You can do this at your convenience, it doesn't have to be on election day.

    As ballots are received, they're scanned, unopened, and the signature is compared to what the state has on file from your voter registration. If the signature doesn't match, they'll contact you. If they receive two ballots from the same person, they'll contact you. If you don't receive your ballot, they'll send you another one with a different color outer envelope, so if they receive two, they know to discard the original one.

    Finally, on election night, the outer envelopes are opened and the inner envelopes are mixed together, then the inner envelopes are opened and counted. It's done by machine, but could be done by hand just as well (it'd just take longer). They get the results very quickly.

    Everything is done in the presence of observers from different political parties and members of the public (I haven't volunteered for this yet, but I think I'll look into it next year). All the machines involved are tested with a known quantity of sample ballots to make sure they're working properly. If somebody tried to rig the election, people would see it. Recounts are not a problem.

    The only problem with our system is that it doesn't prevent vote buying, because someone could watch you fill out your ballot, seal it, sign the envelope, and drop it in the mail, then pay you for voting the way they wanted. But so far this hasn't been an issue, and in general, most Oregonians won't stand for that sort of thing. We'd much rather accept that risk in exchange for the convenience of being able to vote how we want when we want, without trying to get to a polling place on election day.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    1. Re:All 50? by QuantumRiff · · Score: 2, Informative

      I have to second Oregon's ballot process. The only problem I have ever seen with it, is the mailing back the return envelopes. While not a problem in urban areas, some area's of the state you might be 50-100 miles from the nearest "drop off" location, meaning you have to buy a stamp. (there has been talk about making the state pay postage on the envelopes, although as it stands, its better than the old polling places, where people had to drive to a polling location to vote, or vote absentee) The ballots are scanned with scanners not much different than the ones used to scan bubble sheet tests we took in school. Quick recounts are easy (and random to ensure accuracy) and most of all, because its "mail in/drop off" the voter turnout in Oregon is much, much higher than other states, since you don't have a single day to try to get off of work, and go drive somewhere on your lunch break to vote! Did I mention how cheap it is to get a few scanner machines? Oregon has 36 counties, and each has their own set of scanners (that all match the states requirements)

      --

      What are we going to do tonight Brain?
  5. Re:Why not have voting machines that print ballots by man_of_mr_e · · Score: 2, Informative

    Where I live, they use paper ballots with optical scanners. It's amazing how many of these get rejected and require them to be re-filled out because someone accidentally voted for the wrong candidate and thought they could just "cross it out" or somethign stupid like that.

    The nice thing about printing the vote is that you get the electronic tally right away, so the world can know a "tentative" result by that evening, while a full count could take all night, or or maybe even a few days to certify.

  6. Re:Why not have voting machines that print ballots by sm62704 · · Score: 2, Informative
    while a full count could take all night, or or maybe even a few days to certify

    In '52, huge computer called Univac changed election night.

    In a few hours on Nov. 4, 1952, Univac altered politics, changed the world's perception of computers and upended the tech industry's status quo. Along the way, it embarrassed CBS long before Dan Rather could do that all by himself.
    It is the story of how Univac predicted that Eisenhower would win by a landslide, and CBS news wouldn't report the results because they didn't believe in the machine, nor that Eisenhower would win by a landslide. I found the piece fascinating, and think it kind of pertains to now, over half a century later. History does indeed repeat itself, although I doubt it ever EXACTLY repeats itself.

    -mcgrew
    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  7. Re:hmmmmmm by Anonymous Coward · · Score: 1, Informative

    They're arguing that the laws enabling these services are unconstitutional something which is entirely within the purview of the courts to determine. Thus your so-called "step 1" hurdle is off-point.

    -AC

  8. Re:Both Machine and Hand Counts by Lars+Clausen · · Score: 3, Informative

    200,000,000 is a pretty big number to count all the way up to without making a mistake Not if you have enough people counting. At our polling station tonight, we had about 8000 voters and 25 people counting. That's an amazing 320 votes each will have to count. How long would it take you to sort through 320 pieces of paper according to where an X is marked? How about "not all damn night"?

    -Lars
  9. This is bogus by Anonymous Coward · · Score: 1, Informative

    Am I missing something? New York doesn't even have electronic voting. They still use mechanical lever machines from the '50s.

  10. Tollfeed by Z34107 · · Score: 4, Informative

    What we need to do is eliminate the electoral college and just go with the popular vote. Imagine a country where the voice of the people actually counted for something.

    The electoral college is designed to punish candidates who appeal to a limited geographic region.

    The only time the electoral college system makes any real difference is when the popular vote is close - then the number of states you won ends up making a difference.

    The 2000 election is a good example. Al Gore won the popular vote by 0.5% - but Bush carried 9 more states, which earned him 5 more EC votes than Gore.

    Is this a good system? I think so. It doesn't ignore "the voice of the people" - you elect the electors, and the system forces candidates to represent the entire country instead of just the East.

    --
    DATABASE WOW WOW
    1. Re:Tollfeed by qazwart · · Score: 3, Informative

      Wrong, wrong, wrong, wrong.

      The Electoral College was created because we simply didn't know how to elect a president. The original Virginia articles (which our Constitution was based upon) had the Senate (which was elected by the House) elect the President. Almost all of the delegates protested this because it was completely against the idea of separation of powers. Pennsylvania proposed election by popular vote, but Virginia objected because they had more people than Pennsylvania, but had fewer voters (since they had such strict voting requirements).

      The whole thing was sent off to committee to decide universal voting qualifications for president. This completely failed because Pennsylvania had almost universal suffrage while Virginia wanted ownership of a certain amount of land. New York wanted a certain payment of taxes, Massachusetts wanted ownership of a certain value of real estate, and you get the idea. No one could agree on a Constitutional provision of who could vote for President. Even worse, a few states insisted that the state legislatures should have a say in who is running the country.

      In the end, a compromise was reached: Each state got a certain amount of votes, and it was up to the individual states to decide who and how these votes would be cast. Thus, the Electoral College.

      The Electoral College was a complete failure from almost the very beginning. George Washington was an easy choice, Adams was his vice president, so he was chosen in the third election. The fourth presidential election was the very first truly contested presidential election and the Electoral College almost completely tore the country apart. Thomas Jefferson won the Electoral College over Adams, but he tied with his veep due to the way the Electors were chosen. Back then, every elector got two votes and the second place finisher was the Veep. Jefferson tied the electoral vote with his veep candidate Aaron Burr. However, Adams supporters convinced Burr to actually claim the Presidency. It took over a dozen votes in Congress before Jefferson actually won. Many states threatened revolt if Jefferson or Burr was elected. It was Hamilton who finally cleared the way for Jefferson's election. Hamilton got the Federalists to support Jefferson in order to keep the country together.

      The result ended up being the Hamilton Burr dual and extremely strained relations between Jefferson and Burr (who Jefferson later had tried for Treason). The twelfth amendment changed the way the Electoral College worked in order to prevent this from happening again.

      The Electoral College encouraged states to keep suffrage low since the states aren't punished due to limited suffrage. The South knew that if Blacks were kept from the polls, they still had just as much say in Congress and the Presidential elections.

      The Electoral College encourages limited Presidential campaigns since each state votes in a large block. The Presidential campaign skips over California and Texas, the two largest states since the outcome is known in those states, and the campaign hits only a half dozen or so smaller states. For example, Al Gore won more votes in Texas than in New Jersey in 2000, but it was New Jersey's 17 electoral votes that mattered and not the millions of votes Gore received in Texas.

      And for the same reason, the Electoral College keeps voting participation low. Why bother voting for the Democratic candidate in Texas or the Republican candidate in California since it really doesn't matter. Our voting participation rate for President averages just over 50%. However, battleground states usually have a voter turnout above 80% while most other states have voter turnout around 40% to 50%. Why bother to go to the polls in Texas? You know the Republican candidate is going to win. If you're a Democrat, it's just a waste of time. If you're a Republican, it still isn't worth it. Texas's 34 electoral votes will still go to the Republican candidate whether or not you vote. With the Electoral College, your vote doesn't matter i

  11. Re:Right idea, wrong request by bigg_nate · · Score: 2, Informative

    Individual voters can log into a website and ensure that their vote was recorded correctly (and yes, this is done in such a way that nobody can prove to another party which way they voted).

    If I can log into a website after the fact and display who I voted for, my boss can stand over my shoulder while I do so to make sure I voted the way he wants me to. Your voting DRM is just as vulnerable to the analog hole as music or videos.

    Basically, when you vote, you're given a ballot that looks something like this:

    Alice | ___
    Billy | ___
    Craig | ___
    ..... | [barcode]

    After voting, you retain a receipt that contains only the right-hand side of the ballot:

    ___
    _X_
    ___
    [barcode]

    The only thing you can verify yourself is that the information on the website exactly matches the information on your receipt. From that point on, you have to trust the tallying process (which, like I said before, can be independently verified by multiple parties).

    Anyone can get a list of the people who actually voted, so they can check that nobody voted twice and that every voter was valid.

    And you can't do that with paper? Why?

    At the end of a pure-paper election, you're left with a bunch of ballots and a bunch of names of people that supposedly voted. You can check the list of names for validity, but you have no guarantee that it actually corresponds to the ballots in the box.

    Each of the candidates can independently and programatically verify that the tallying was done correctly (again, without exposing any one specific ballot).

    This would be a nice feature, granted. But I'm skeptical that this would provide more than a false sense of security. Would the system be secure against attacks such as this?

    Did you miss the word "independently?" There can be many verification programs written by completely independent parties, and attacking all of them simultaneously sounds pretty difficult.

    - Nate

  12. Re:Why not have voting machines that print ballots by Anonymous Coward · · Score: 1, Informative

    NY state polling workers get paid $15 per, from experience. 15 hours with no break! It kinda sucks.