Slashdot Mirror


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."

25 of 436 comments (clear)

  1. Why not have voting machines that print ballots? by ByOhTek · · Score: 4, Insightful

    Simply vote, it prints your ballot, and you slip it in a box. You can verify your ballot was printed correctly, and they could have options to let you destroy your ballot if not, and reprint (or fill it out by hand)...

    Or would that be too sensible?

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  2. Right idea, wrong request by TheSpoom · · Score: 4, Insightful

    You can have electronic voting that doesn't suck.

    It just has to have a paper trail, not reveal to outsiders who you voted for, and, y'know, not be backed with Microsoft Access.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Right idea, wrong request by Hatta · · Score: 4, Insightful

      Any electronic voting that doesn't suck is no better than pen and paper. So electronic voting machines either 1) suck and facilitate corruption or 2) don't suck but waste a lot of money. I don't see anything to be excited about here.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Right idea, wrong request by bigg_nate · · Score: 5, Interesting

      Any electronic voting that doesn't suck is no better than pen and paper.

      I used to think this as well, but then I saw a talk by a Ben Adida, a cryptographic voting researcher. It turns out there are electronic and hybrid voting systems that allow every step of the process to be independently audited. 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). 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. Each of the candidates can independently and programatically verify that the tallying was done correctly (again, without exposing any one specific ballot). This is far superior to traditional paper ballots, and there's no technical reason we can't have it today.

      Here's a paper that gives some more information. I believe Dr. Adida mentioned that this particular system has a few problems that would prevent it from being used in practice, but it still gives a pretty good example of how a cryptographic voting system could work.

  3. Suddenoutbreakofcommonsense applies... by explosivejared · · Score: 3, Insightful

    That tag would fit very appropriately on this story. It's really hard to see anything other than complete incompetency in anyone who thinks that a black box e-voting machine is a good idea. There was an article related to this topic the other day, and someone posited the question "...what happens to my vote when I press that button?" The short answer is you can't. That's why I hope this lawsuit is successful. I think it has a real shot, as people are upset election practices. With the phone-jammings, hanging chads, etc. that Americans have endured the last two times around, transparency is on everybody's wishlist... at least for those who don't stand to benefit from electioneering and lucrative contracts that is.

    --
    I got a catholic block.
  4. Open Source & Paper Trail by JeepFanatic · · Score: 4, Insightful

    I have no problem with the idea of electronic voting machines but they should povide a paper trail and the source code for the machines should be made open for public inspection so that the public can be sure that when they vote for John Q. Public that the vote is recorded correctly.

  5. No EVoting can be "trusted" by Opportunist · · Score: 5, Insightful

    Let's face it. WHO can verify the voting of open voting machines? We can. We, computers savvy people who understand computers and who can test, probe and verify the mechanisms behind the machines. Joe Average cannot.

    Joe Average can look at a vote, see the cross and verify that yes, whoever casted this vote voted for the person or party where the X is. That's the difference.

    Yes, of course we trust us. But can we be trusted? Hey, of course we can, I know that, you know that but essentially, it's the same situation we have with closed source voting machines: An outsider does not know whether we, computer people, are to be trusted. Like we, as outsiders, stand in front of the makers of voting machines and question their trustworthyness, so will non-tech people stand in front of us and question ours.

    The only way to have elections that cannot be questioned by anyone is to create a system that everyone can verify if they want to. And the only system is simply one that everyone can "read". So it's paper or nothing.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:No EVoting can be "trusted" by Chandon+Seldon · · Score: 4, Interesting

      We can. We, computers savvy people who understand computers and who can test, probe and verify the mechanisms behind the machines. Joe Average cannot.

      Can we? I'm about six months short of my bachelors degree in CS, and I couldn't examine a computer voting machine and determine that it was trustworthy in any reasonable amount of time. With a properly marked paper ballot, anyone can tell you what it says and any attempt to change it requires at least couple of seconds alone with it. With a flash memory card, who knows? A person can't say *anything* about what's stored on it without putting it in a reader, and any reader device can trivially and tracelessly change the data in milliseconds.

      So not only is your point absolutely correct - it's understated. We absolutely do need a system where "everyone can read" the ballots, and any sort of electronic ballot system is a system where *no-one* can read them. Obviously Joe Average can't, but even the engineers who built the thing can't read the ballots directly.

      --
      -- The act of censorship is always worse than whatever is being censored. Always.
  6. Hand counting is a fraud too by tjstork · · Score: 3, Insightful

    You have handlers doing things like slightly damage ballots, so that they get invalidated... yeah, 1/1000, enough to swing a close election.

    Computers count better than people do, otherwise, you would see calls for people to manually tally your bank balance...

    --
    This is my sig.
    1. 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.
  7. Re:Why not have voting machines that print ballots by ByOhTek · · Score: 4, Interesting

    Sorry, I didn't make it clear - that's why it prints out the readable hard copies; those are used for the tally, not some internal copy on the system.

    --
    Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
  8. Re:Why not have voting machines that print ballots by explosivejared · · Score: 5, Insightful

    Or the paper and pen method... why introduce unnecessary mechanization? Occam's razor applies very well to voting. Simplicity is best.

    --
    I got a catholic block.
  9. Another idea by nizo · · Score: 3, Insightful

    Maybe we could call in the UN to monitor the next round of elections?

  10. There's no rush by phoenix.bam! · · Score: 5, Insightful

    The sick fascination with immediate results is what is causing this issue to begin with. Election results do not need to be available immediately. Taking a day or a week for counting is perfectly fine. For some reason though we need to have live coverage as the polls close to find out who wins. It really doesn't matter all that much.

  11. E-Voting that matters by spaglia2 · · Score: 3, Insightful

    Hey, if we're going to do e-voting, and you can't deny it forever, why not just have everyone vote one a week from their PCs on the actual issues and skip the (politicians) middle man?

  12. Very Nice for a change by Wellington+Grey · · Score: 4, Interesting

    In the question and answer period following the screening, an Iraq veteran said he had pledged to protect his country "from all enemies foreign and domestic" and viewed the issues of voting machines as a domestic threat to voters across the country.

    It's very nice to hear of a soldier truly understanding the role of patriotism and protection in America these days. Well done, Sir.

    -Grey

  13. 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;
  14. Paper and pencil by Cracked+Pottery · · Score: 3, Insightful

    Two advantages. It scales easily, and it is auditable. Braille ballots for the blind, and help for the handicapped. Everything original paper, with the right to be reviewed and recounted.

  15. I just don't get why there's such foot-dragging... by Dr_Marvin_Monroe · · Score: 4, Insightful

    This is really sooo simple folks. Everyone, especially the election folks, should be on-board with these types of demands. It's really not that difficult to do what the "Fair Elections" people want, unless you really ARE trying to manipulate the elections.

    1) Demand that Diebold and all of the other voting machine folks print a receipt for every voter. This wouldn't be any more difficult than printing a receipt at the supermarket. You get to look at it, you put it into the basket on the way out. The paper becomes the "official" ballot always, the machine is just there to give quick results.

    2) All the vote counting is redone at a central location, and EVERYONE can watch on the cable access channel or over streamed video. Want to watch 96 hours of vote counting from front to back? Sure, knock yourself out. The video feeds are provided the the cable franchise holders in every city to present on their networks on the usually blank city council channel. For those without a cable franchise for the city, you can simply lookup the video feeds on the internet.

    The foot dragging on this issue is really starting to make me believe that the elections ARE being manipulated. All the horse-pucky form Diebold and the like about "too hard to make a printed tally".... Yeah, sure... And it's also too hard for cash machines and cash registers to print a receipt and verify that I've got funds before you give me cash...

    As far as ballot counting, the infrastructure to let everyone watch is already there.

    We just need to keep pushing until this gets done. I'm getting really tired of the 50.01% vs. 49.99% vote manipulation that's passing for "legal and fair" elections in this country. Making things look "close" is really the smoothest form of manipulation, I don't think anyone would believe the old Soviet style manipulation where the votes are always 98% for the party, but shaving just enough to make it 51-49 would be almost believable.

    This really does need to get done NOW. No more fooling around, OSS voting machine code, printed receipt, video feeds of the counting and no more voter supression!

  16. Both Machine and Hand Counts by Doc+Ruby · · Score: 4, Insightful

    The machine generated ballots can be used for initial counting estimates counted by machines. That will satisfy Americans' urgent need to instantly know who won after they each cast their vote. Those counts should not be legally binding. The ballots should be counted by hand for the officially binding count. In the event that there's any substantial differences, the state should automatically open a formal investigation into vote rigging. Which would deter that kind of rigging, so it would rarely be tried, and the investigations rarely begun.

    There's no reason the official count can't take a few days to complete, even doublechecked by multiple counts. That kind of human responsibility for the counting is entirely consistent with the democracy we're populating with the votes.

    --

    --
    make install -not war

    1. 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
  17. Re:Why not have voting machines that print ballots by pintpusher · · Score: 4, Insightful

    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. So what happens when a candidate sees the tentative vote and concedes the election? This is veering OT for this thread but I've always been stumped by this. I think Kerry did this: conceded the vote while it was still in contention. IOW, he just gave up. Do they then stop counting? All you have to do is rig the electronic results enough to make someone not want to bother with the hand count, and the election is over.

    I don't think candidates should be allowed to concede an election. An election isn't over until all the votes are counted and certified. period. If the candidate concedes before then, that should nullify the election as the voters were not choosing from the actual candidates. They were instead choosing between one person who wanted the job and another person who wanted to distract voters in some fashion.

    I don't know...
    --
    man, I feel like mold.
  18. Re:I just don't get why there's such foot-dragging by Brandybuck · · Score: 4, Insightful

    Except that this lawsuit is to outlaw ALL counting machines. Hand counting is expensive and less accurate, yet that is what these people insist on, nothing less. States are willing to change their systems if you work with them. Just don't be religiously dogmatic, refusing all compromises. Unwillingness to budge on hand counting only guarantees you a protracted and expensive fight.

    I personally see nothing wrong with counting machines. Yet some of you act like Herman Hollerith was the instigator of a massive shadow conspiracy. The requirements for valid voting are few: 1) recountability; 2) certification; and 3) transparency. The off-the-shelf Diebold machines won't pass muster, but most of the tried and true optical and punch systems will.

    Oh, and next time don't wait until two months before the primaries start. Sheesh.

    --
    Don't blame me, I didn't vote for either of them!
  19. 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