Slashdot Mirror


Kansas Secretary of State Blocks Release of Voting Machine Tapes

PvtVoid writes: Wichita State University statistician Beth Clarkson has filed a lawsuit under Kansas' open records law to force the state to release paper tape records from voting machines, to be used as data in her research on statistical anomalies in voting patterns in the state. Clarkson, a certified quality engineer with a Ph.D. in statistics, has analyzed election returns in Kansas and elsewhere over several elections that indicate 'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct. The pattern could be voter fraud or a demographic trend that has not been picked up by extensive polling. Secretary of State Kris Kobach argued that the records sought by Clarkson are not subject to the Kansas open records act, and that their disclosure is prohibited by Kansas statute.

184 of 288 comments (clear)

  1. In other words. by Z00L00K · · Score: 4, Insightful

    The secretary is covering up a fraud.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    1. Re:In other words. by fustakrakich · · Score: 2, Funny

      Well, yeah!

      Too bad it won't motivate us all to trash these contraptions. They are designed to commit fraud. So, in that case, they are working perfectly and we should keep them!

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:In other words. by Kreplock · · Score: 5, Informative

      Maybe. Did you read TFA? They did respond, they just didn't give her what she wants, which they say would be really hard to produce. Yes, they could be full of shit, but that's not a foregone conclusion. Need more data.

    3. Re:In other words. by bobbied · · Score: 4, Insightful

      The secretary is covering up a fraud.

      Or, attempting to follow the law as the secretary claims is the case.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:In other words. by Z00L00K · · Score: 4, Insightful

      I did read that the secretary of state considered that the records aren't subject to the Kansas open records act. In my eyes any such avoidance of disclosure means that there's something to hide.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    5. Re:In other words. by _Sharp'r_ · · Score: 5, Interesting

      "Each person’s vote in the 2013 election takes up about 27½ inches of the electronic machine’s paper trail. Each roll from the 2014 election is 385 feet long, and stored in 42 boxes that are not segregated by precinct or voting district."

      Definitely not as easy as making a photo copy. Maybe they could let her pay to hire someone to sort through, find the right roll (without damaging anything), then carefully unroll and photograph it for later study before re-rolling it?

      One issue of course would be that the voting registry (which is public already and contains who voted and is time stamped, so also in what order) could very easily be used to guesstimate matching up specific people with specific votes, as the roll is going to be in chronological order as well. I'm not totally familiar with Kansas law, but there's a good chance they're legally supposed to have a secret ballot.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    6. Re:In other words. by Anonymous Coward · · Score: 1

      Or from the summary 'and that their disclosure is prohibited by Kansas statute.'

      Is it right? Maybe. You could use those records to target people you didnt like for voting how you didnt like. It has been done in the past. It is why the records are typically locked up and only brought out if there is a challenge.

      However it is the law. The law is there for a reason. Disagree with that law? First move to Kansas. Then work to get it changed.

    7. Re:In other words. by garcia · · Score: 3, Insightful

      The law should NEVER, EVER, EVER, provide protection over any data available behind public sector activity.

      The public sector frequently claims the release of information will be burdensome; however, the public sector actors are not always forced, by statute (as they are in Minnesota) to ensure records should be held in a way which the sector cannot claim burden in failure to comply.

      This needs to change.

    8. Re:In other words. by bobbied · · Score: 4, Informative

      No, the secretary of state is correct. There was a nearly identical court case brought by the same person for the same kind of records which was ruled on in 2013. The court sided with the Secretary of State's position. It's unlawful to release these records because of a FOIA request. This researcher is just trying her luck in court hoping for a different ruling.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    9. Re:In other words. by bobbied · · Score: 4, Insightful

      This needs to change.

      Perhaps it does, however until the law IS changed the Secretary of State is correct, it is illegal for these records to be released because of a FOIA request. The person filing this lawsuit has already lost a nearly identical lawsuit in 2013 (the only difference I know of was the date of the election for which records where requested). They are just hoping to "get lucky" and find a sympathetic judge this time around.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    10. Re:In other words. by Anonymous Coward · · Score: 1

      So I should have access to your taxes returns, right?

      The reason why census data is protected for 70 years is because people would be much less honest if they thought everything they report would be immediately made public information.

      I don't know where this election data sits on the spectrum between taxes and census data, where there's ample support for confidentiality, and something like expenditure accounting, where any secrecy is of little value and at high risk for abuse.

      Also, let's not forget that aside from national security concerns, courts have the power to view any kind of public record. The only limitation is being able to make a prima facia case to the court without the benefit of the records of interest. But in the vast majority of fraud cases there's plenty of other evidence available.

      Too many things are kept out of the public sphere. But we'll never improve the situation using uninformed arguments.

    11. Re:In other words. by Joce640k · · Score: 5, Insightful

      Yeah, when it's _us_ they're talking about it's all, "if you've got nothing to hide, you've got nothing to worry about".

      When it's _them_? That's a different story....

      --
      No sig today...
    12. Re:In other words. by Anonymous Coward · · Score: 1

      So secret that no one can look at it?

      there are rules in place for those are may be required to look at it in the performance of their official duties, and it's not unheard of for researchers to be allowed access to such if they are willing to undergo and fulfill the same requirements, NDAs, etc.

    13. Re:In other words. by suutar · · Score: 4, Informative

      I wouldn't call it "nearly identical". Clarkson's new request better maintains the anonymity of the votes, by eliminating a geographic factor (which should also reduce the burden on the state, since one of their gripes was that they don't keep the tapes grouped by district) and it looks like the anonymity issue is what got her refused last time (by the judge).

    14. Re:In other words. by Capt.Albatross · · Score: 3, Informative

      Did you read the part of the linked to article that says that a similar request was refused and the court agreed that these records are not releasable though a FOIA request back in 2013? Yea, didn't think so...

      And that proves there's nothing to hide because...?

    15. Re:In other words. by Opportunist · · Score: 2

      More likely he knows that those machines are crap, that it was proven they're crap, that he knew they're crap and yet greenlit them, and that he fears for his comfy seat when the uncomfortable questions start rolling in.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:In other words. by mtrachtenberg · · Score: 4, Insightful

      This is not the first time I've heard the argument that access to voting records can reveal supposedly secret votes. Of course, what this argument reveals, if accurate, is that voting officials are routinely able to determine supposedly secret votes, as they have access to the voting records they refuse to reveal to the public.

      The long-term solution is to ensure that all voting records are routinely made available to the public, meaning that any systems which acts to violate the secrecy of the vote will do so equally for all, leading to the withdrawal of such systems on the grounds that they do not meet the baseline requirements for a voting system meant to maintain the supposedly sacrosanct secrecy of the vote.

      I would have thought this common sense when I was younger.

    17. Re:In other words. by penguinoid · · Score: 2

      One issue of course would be that the voting registry (which is public already and contains who voted and is time stamped, so also in what order) could very easily be used to guesstimate matching up specific people with specific votes, as the roll is going to be in chronological order as well. I'm not totally familiar with Kansas law, but there's a good chance they're legally supposed to have a secret ballot.

      Secret ballots are primarily supposed to be secret from the government.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    18. Re:In other words. by oh_my_080980980 · · Score: 3, Insightful

      LMOL, umm no Zippy the people of Kansas have said no such thing. It's the Kansas Secretary of State. It would be very interesting to see if the people of Kansas mind. So much for open government.

    19. Re:In other words. by Nemesisghost · · Score: 1

      The law should NEVER, EVER, EVER, provide protection over any data available behind public sector activity.

      Even if that data might reveal information about private citizens? Have you considered the fact that the people this data is about might not want it made public?

      What if someone voted for the candidate that their spouse is violently opposed to? Should we endanger that person because you want to know how everybody is voting? That's obviously an extreme case, but the scenario is a valid one. How many people would vote differently if they knew that information would be made public?

      I'd agree with you if this was government data about government activities. But this is government data about private citizens private activities.

    20. Re:In other words. by topology · · Score: 1

      Did you read the part of the linked to article that says that a similar request was refused and the court agreed that these records are not releasable though a FOIA request back in 2013? Yea, didn't think so...

      And that proves there's nothing to hide because...?

      It is standard practice for bureaucratic offices to deny requests which are not made through proper means. Citing that the request was made through improper means does not entail that there is something to hide, merely that the bureaucrats are either lazy or just not prone to sharing information unless required to by law.

      The belief that "there is something to hide" is not supported by the events and is a projection of a mind prone to paranoia. That's not to say that there isn't something to hide, but merely that inferring such from the events is not a sound inference.

    21. Re:In other words. by oh_my_080980980 · · Score: 3, Informative

      Where the hell does it say that requesting those records is illegal? All it says it that it would cause undo burden. Apparently you can do any research. http://bethclarkson.com/?p=463 The 2013 lawsuit was rejected, again, on the ground that it would cause undo burden and **NOT** because the request was illegal.

      You can stop trolling now.

    22. Re:In other words. by oh_my_080980980 · · Score: 2

      "It's unlawful to release these records because of a FOIA request."

      No, not illegal just undo burden.

    23. Re:In other words. by khallow · · Score: 3, Interesting

      If the machines are faulty you will need to prove that. Go... do so. However the records are probably off limits. Which is going to make your job extremely hard to do. But if someone can write an emulator I think someone can reverse engineer one of these boxes easily enough.

      Which is real convenient here. I don't buy it at all. It's three years after the elections in question and it'll be even later than that by the time any access is obtained, if ever. That's a ridiculous delay for any sort of vote coercion to occur.

      I think there's a reasonable case here for illegal vote manipulation and that this illegal activity is just as bad as vote coercion.

    24. Re:In other words. by SecurityGuy · · Score: 5, Insightful

      There's a HUUUUUUUGE difference between the state asking for location data on a private citizen, and citizens asking to audit the state. The state exists to do the citizens' will and for the citizens benefit. A state's rights are granted to it BY the citizens, not the other way around.

      That said, data should be anonymized if it isn't already. When I vote, my ballot doesn't have any identifying information on it, so releasing records exactly as they were captured wouldn't tell you anything about me at all.

    25. Re:In other words. by Anonymous Coward · · Score: 1

      As a resident of Brownbackistan... err Kansas, I say let the researcher have the records..

    26. Re:In other words. by Anonymous Coward · · Score: 1

      Of course, it also serves as the perfect cover for actually hiding things, and around and around we go. Transparency shouldn't be a bad thing.

    27. Re:In other words. by Kreplock · · Score: 2

      I did read that the secretary of state considered that the records aren't subject to the Kansas open records act. In my eyes any such avoidance of disclosure means that there's something to hide.

      Of course it could just as easily be that they are understaffed and will not take time to comply with requests they don't have to. Or, they have plenty of staff but can't be arsed to stop updating Facebook to comply with requests they don't have to. Any road, the records are in a rotten format that would take a lot of effort to work through to comply with a request they are not required to comply with. So, quite possible they're saying piss off because they can, not because they have nothing to hide.

    28. Re:In other words. by erapert · · Score: 1, Redundant

      That said, data should be anonymized if it isn't already. When I vote, my ballot doesn't have any identifying information on it, so releasing records exactly as they were captured wouldn't tell you anything about me at all.

      In which case it also wouldn't prove anything at all, like whether your vote was fraudulent or not.

    29. Re:In other words. by erapert · · Score: 2

      by eliminating a geographic factor...

      But from the summary:

      'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct.

      TFA didn't clarify whether she meant "size" as in "number of people" or as in "area" but the term "precinct" refers to a specific location (area).

    30. Re:In other words. by Your.Master · · Score: 3, Interesting

      Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

    31. Re:In other words. by Penguinisto · · Score: 2

      1) "undue burden" - FFS... I'm not normally a grammar nazi, but that's just plain irritating.

      2) If a court said it was "unlawful", they meant "unlawful", exactly as stated. Courts use specific words and do so in a specific language for a reason.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    32. Re:In other words. by Your.Master · · Score: 1

      That's a ridiculous delay for any sort of vote coercion to occur.

      How is that in any way ridiculous? The whole point of coercion is they come back and punish you if they find out later. If they can find out in 3 years and use it against you, you can still be intimidated. If you vote that way anyway, they'll come and break your kid's legs, and next year you'll know to vote with the thugs (the police aren't exactly going to be guarding you 24/7 for 3 years just in case this happens). Therefore the law must protect anonymity in these records a lot longer than 3 years.

      I think what's needed is an alternate way to keep these records, which is both anonymous and non-burdensome to reveal in aggregation. If for whatever reason individual votes are needed, then shuffle them in random order or whatever. Surely this is technically possible? Maybe Kansas fucked up the record-keeping in the past but we can always fix the record-keeping now. Maybe there was fraud in the past that is unprovable, but that doesn't mean we can't put into place measures that prevent future fraud.

      If they really wanted to commit fraud, what stops them from sending back false records, rather than sending no records?

    33. Re:In other words. by StatureOfLiberty · · Score: 1

      Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

      It is also make it difficult to buy a vote. The buyer can't verify that the seller actually voted for their candidate.

    34. Re:In other words. by tburkhol · · Score: 5, Interesting

      In which case it also wouldn't prove anything at all, like whether your vote was fraudulent or not.

      The point of this investigation is not to determine who voted for whom, which is, in fact, illegal. The point of this investigation is to determine whether, in aggregate, there are discrepancies between voting results and other recognized demographic trends.

      If it turns out that a neighborhood of poor black people voted 80% Republican, it doesn't necessarily mean fraud. Maybe the neighborhood got very gentrified between when the demographics were reported and the election. Maybe the particular candidate had a specific message that appealed well to that exact neighborhood. Maybe his opponent's ex-wife lived in the area. Discrepancies between expected population trends and observed population trends are interesting.

    35. Re:In other words. by omnichad · · Score: 1

      A FOIA should probably come with some serious strings attached, because it's just as important to protect the secret ballot and that's at odds with complete freedom of information.

    36. Re:In other words. by khallow · · Score: 1

      As I already said. I don't buy this argument at all.

    37. Re:In other words. by pla · · Score: 3, Interesting

      Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

      Absolutely! Your reason also holds true, but it comes in a distant second.

      We tend to minimize the "Uncle Sam knows who you voted for" angle precisely because we don't live in a country where we routinely round up people who voted for the "wrong" candidate to torture or execute or "reeducate" them.

      By contrast, consider (whatever your stance on the post-9/11 Iraq war) that Saddam Hussein routinely won reelection by an almost unanimous vote for precisely that reason.

    38. Re:In other words. by Tough+Love · · Score: 1

      Too bad it won't motivate us all to trash these contraptions.

      While at it, what about trashing the perps and the beneficiaries?

      --
      When all you have is a hammer, every problem starts to look like a thumb.
    39. Re:In other words. by kwbauer · · Score: 2

      And that information is already available to the researcher. Even the summary said that.

    40. Re:In other words. by jmac_the_man · · Score: 1

      Secret ballots are primarily supposed to be secret from the government.

      You realize that the researcher works for the government, right? I get it. "Wichita State" is a confusing name because there isn't a state called Wichita. It's really run by the state of Kansas.

    41. Re:In other words. by Capt.Albatross · · Score: 1

      You are getting confused over who is claiming certainty in this discussion. No-one is claiming that it is proven that something is being hidden, but someone (bobbied, initially) is claiming (or at least apparently trying to imply; he hasn't yet chosen to clarify his comment) that it is out of the question that something is being hidden.

    42. Re:In other words. by bobbied · · Score: 1

      "It's unlawful to release these records because of a FOIA request." No, not illegal just undo burden.

      No, illegal.

      http://sunlightfoundation.com/...

      Secretary of State Kobach filed a legal challenge to the suit. It states the records are sealed by state statute and that he is not the custodian of the records. It also points out Carlson filed a similar lawsuit for the paper records in 2013 and was denied access to the paper trail. The judge ruled that the records, even though they did not contain personally identifiable information, were still ballots.

      The Secretary of State cannot legally release this information.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    43. Re:In other words. by bobbied · · Score: 1

      Secretary of State Kobach filed a legal challenge to the suit. It states the records are sealed by state statute and that he is not the custodian of the records. It also points out Carlson filed a similar lawsuit for the paper records in 2013 and was denied access to the paper trail. The judge ruled that the records, even though they did not contain personally identifiable information, were still ballots.

      From: http://sunlightfoundation.com/...

      The request may not be illegal, but fulfilling that request WOULD be illegal due to state laws which are designed to protect the anonymous voter from having their secret ballots exposed. Or, perhaps YOU would want us to publish who voted for who? No? Me neither.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    44. Re:In other words. by bobbied · · Score: 5, Informative

      http://www.hdnews.net/opinion/...

      There’s an important reason why neither I, nor Sedgwick County officials, can hand over any ballots to the WSU employee — because it’s a crime to do so. Under K.S.A. 25-2422, it’s a felony to “disclos(e) or expos(e) the contents of any ballot” after the election contest period has ended, even if the names of voters are redacted. Another Kansas law, K.S.A. 25-3107(a), specifically prohibits county election officials from unsealing the containers in which ballots are kept after an election. Only under a judicial order, when the outcome of a specific race has been contested, can those containers be unsealed.

      That is in the Secretary of State's own words. He'd be committing a crime... It's illegal....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    45. Re:In other words. by bobbied · · Score: 1

      AND.... In the Secetary's own words... http://www.hdnews.net/opinion/...

      There’s an important reason why neither I, nor Sedgwick County officials, can hand over any ballots to the WSU employee — because it’s a crime to do so. Under K.S.A. 25-2422, it’s a felony to “disclos(e) or expos(e) the contents of any ballot” after the election contest period has ended, even if the names of voters are redacted. Another Kansas law, K.S.A. 25-3107(a), specifically prohibits county election officials from unsealing the containers in which ballots are kept after an election. Only under a judicial order, when the outcome of a specific race has been contested, can those containers be unsealed.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    46. Re:In other words. by ttucker · · Score: 1

      As I already said. I don't buy this argument at all.

      Nobody cares.

    47. Re:In other words. by OdinOdin_ · · Score: 1

      UNDO burden ??? UNDUE burden ???

    48. Re:In other words. by jklovanc · · Score: 1

      Of course, what this argument reveals, if accurate, is that voting officials are routinely able to determine supposedly secret votes, as they have access to the voting records they refuse to reveal to the public.

      There is a huge gap between "can" and " routinely able to". For example, certain people "can" run a mile in under 4 minutes but not everyone is "routinely able to". In the instance of these voting records it would take a lot of work to link a vote with a person. Any government agency doing this would probably have at least one whistle blower who would publicize the effort.

    49. Re:In other words. by wevets · · Score: 1

      A person's ballot is supposed/required to be anonymous to and secret from the people counting the votes or anyone who may ever look at the votes. It is reasonable to assume that regardless of how they are stored, the Kansas voting paper trail upholds that standard. If it is ever possible to tie a specific ballot to an individual person by the methods you propose, then Kansas has a lot to answer for.

    50. Re:In other words. by compro01 · · Score: 1

      There isn't any meaningful amount of voter fraud.

      What this looks like is electoral fraud, which is something else entirely.

      --
      upon the advice of my lawyer, i have no sig at this time
    51. Re:In other words. by gtall · · Score: 1

      "The law should NEVER, EVER, EVER, provide protection over any data available behind public sector activity."

      Could you please post your SS#, public sector activity information wants to be free.

    52. Re:In other words. by multimediavt · · Score: 3, Informative

      The demographic info yes, but the researcher is looking at statistical anomalies in voting trends among those demographics, within their respective geolocations to find discrepancies that would possibly indicate voter fraud. Since the Republican party is so worried about voter fraud I don't see why a Republican SoS would NOT want to support research into possible voter fraud in his/her state. Seems more than a little hypocritical if not down right fishy.

    53. Re:In other words. by multimediavt · · Score: 1

      Just because I voted in a polling place between 7:00 and 8:00 AM doesn't mean they can locate MY vote from the dozen voting machines that were in that polling place. There were 11 other people voting along with me and they were supplanted by others during that same window of time I was voting, i.e., people came and went during my time. Sure, you could say these people voted during that period of time in that polling place (after the fact), but that still doesn't give me personal information about those people, nor does it tell me which vote during that time period is theirs. It could give you a ratio of votes for or against something, but it still doesn't tell you who voted which way.

    54. Re:In other words. by d'baba · · Score: 1

      Definitely not as easy as making a photo copy. Maybe they could let her pay to hire someone to sort through, find the right roll (without damaging anything), then carefully unroll and photograph it for later study before re-rolling it?

      It would be as easy as setting up a continuous feed scanner. The mechanical bits being the most problematic. And the added benefit of creating machine readable output.

    55. Re:In other words. by multimediavt · · Score: 1

      One issue of course would be that the voting registry (which is public already and contains who voted and is time stamped, so also in what order) could very easily be used to guesstimate matching up specific people with specific votes, as the roll is going to be in chronological order as well. I'm not totally familiar with Kansas law, but there's a good chance they're legally supposed to have a secret ballot.

      Secret ballots are primarily supposed to be secret from the government.

      No, they are supposed to be secret to anonymize who voted for what/whom to prevent reprisal or intimidation. I am not sure what history books you're reading or where you get your definitions, but they certainly aren't from factual sources. Try reading this: http://www.iupress.indiana.edu...

    56. Re:In other words. by rahvin112 · · Score: 4, Informative

      The summarized electronic information is available, not the backup paper tape that records the actual vote and IS the backup for checking the electronic records. The whole purpose of the paper tapes is so fraud can be checked and elections verified. Electronic aggregate records can be tampered with, the only way to alter the paper tapes is to screw with the voting machines before the vote so vote A = B. I check my tapes when I vote to ensure it's recorded correctly and my state encourages voters to do the same. The tape is the official vote record in my state and I'm sure it's the same in Kansas.

      What that means is they gave her the unofficial count, not the official records.

    57. Re:In other words. by rahvin112 · · Score: 1

      Secret ballots aren't just to protect from the government knowing. They are to protect from anyone knowing. Knowing who votes for who would allow for vote buying, intimidation and all sorts of very negative election behavior. None of which are trivial.

      You can't have free elections period if anyone knows who voted for who. A strictly anonymous vote is the only way for democracy to work.

    58. Re:In other words. by rahvin112 · · Score: 1

      The tapes have no voter names on them. You're a moron that doesn't know what they are talking about.

      Think about it, if there was a way to tie the vote to the voter with any of this information the government would know what every single person voted for and would breach the very idea of an anonymous vote. The names and connection to actual voters is never recorded for this very reason. It's impossible to tie a person to the ballot they cast.

    59. Re:In other words. by dryeo · · Score: 2

      The question is why the government passed a law that makes it illegal to verify that no fraud took place. It seems to be standard procedure to pass laws to make it hard to uncover fraud. My government did it with the Orwellian "Fair Elections Act" that amongst other things declawed the agency in charge of verifying the election was fraud free.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    60. Re:In other words. by dryeo · · Score: 1

      Newsflash, government that wins election through fraud passes law to make it illegal to investigate election fraud.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    61. Re:In other words. by Capt.Albatross · · Score: 1

      You can call defense of democracy an ideological bias if you like, but you won't make many friends here doing so.

    62. Re:In other words. by thegarbz · · Score: 1

      Flip the argument around: A legal precedent exists for a decision not to release documents, so why does that prove something to hide?

    63. Re:In other words. by AaronW · · Score: 2

      The republican party is so worried about voter fraud that doesn't benefit them. There, fixed it for you. In virtually every case where they claim widespread fraud and the need for voter ID laws and other restrictions there has been no evidence to support that. In most cases it's voter fraud perpetrated by Republicans trying to limit access to voting to people who won't vote for them, i.e. the poor and elderly who may be less likely to vote for them and they often restrict the number of voting machines and how long the precincts are open in areas likely to not vote for them.

      --
      This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
    64. Re:In other words. by khallow · · Score: 1

      The argument is ridiculous because it protects IMHO a violation of the electoral process which is just as dangerous. The whole point of having those tapes was to provide a means to verify the legality of the vote. And the point of providing a copy rather than merely access is that access can be blocked or delayed, but once the investigator has a copy, that sort of obstruction can no longer occur.

    65. Re:In other words. by ndogg · · Score: 1

      > If the machines are faulty you will need to prove that. Go... do so. However the records are probably off limits. Which is going to make your job extremely hard to do. But if someone can write an emulator I think someone can reverse engineer one of these boxes easily enough.

      That assumes the fraud is happening at the level of the voting machines, when it could easily be at a level higher than that.

      --
      // file: mice.h
      #include "frickin_lasers.h"
    66. Re:In other words. by cusco · · Score: 1

      IIRC, the law says that in order to get the court order to unseal the ballot records the requester must first prove that vote fraud had taken place, but they're unable to prove fraud without access to the ballots. There is only one reason that I can think of to write the laws that way.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    67. Re:In other words. by cusco · · Score: 1

      More often than not it's at the 'Tabulator', the computer in the precinct that sums the votes of all the machines at that location and relay it to the county seat. Interestingly, although the actual voting machines now have to pass some tests (after years of Republican obstructionism) the tabulators do not. They're all highly proprietary, closed source, not interoperable between manufacturers, and most of them use either Access or Excel for their database.

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    68. Re:In other words. by adhdengineer · · Score: 1

      The state should keep my secrets tho. and my secrets include for whom i voted.

    69. Re:In other words. by Capt.Albatross · · Score: 1

      Flip the argument around: A legal precedent exists for a decision not to release documents, so why does that prove something to hide?

      You, topology and bobbied are making a basic logical error here. The fact that there is no proof of anything to hide is not proof that there is nothing to hide.

    70. Re:In other words. by Drakonblayde · · Score: 1

      I did read that the secretary of state considered that the records aren't subject to the Kansas open records act. In my eyes any such avoidance of disclosure means that there's something to hide.

      If the disclosure of voting records is specifically prohibited by statute, as the summary would seem to indicate, that is not indicative of any kind of coverup in and of itself. Non-federal government officials who ignore the dictates of the legislature tend to not fare well. The first step would be to get the legislature to amend or repeal said statute in order to legally make the records able to be disclosed. If they still refused, then it would be a matter of whether or not a coverup was happening

    71. Re:In other words. by Drakonblayde · · Score: 1

      The District Court that ruled in favor of the state was ruled on by an elected official.

      http://www.dc18.org/judges/judges.shtml

      Seems maybe like a conflict for an elected official to rule for or against a case that deals with elections results, no?

      As opposed to an appointed official? Likely appointed by an elected one? That could potentially be an even larger conflict

    72. Re:In other words. by thegarbz · · Score: 2

      It's not a logical error. It's pointing out that the discussion further up amounts to something even less than a presumed crime.

      Not releasing proof is not proof of something being hidden.
      Not releasing proof is not proof of nothing being hidden.

      Both statements are true and independent.

    73. Re: In other words. by WindBourne · · Score: 1

      Except, the tape does not ID a person . so, no, this would not be intrusion into anybodys personal life.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    74. Re: In other words. by WindBourne · · Score: 1

      Except she went through proper channels. She is in court because they denied here. And laziness on SoS part is not a reason to not turn over tapes which do not ID ppl.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    75. Re:In other words. by ExekielS · · Score: 1

      Only the people and the government are not the same thing. If a cop asks me to do something without just cause it is my constitutional right to refuse, if the government refuses to give the people information, they are impeding democracy, covering up the truth, and failing to be an open democracy.

      --
      ph'nglui mglw'nafh Cthulhu R'lyeh wgah'nagl fhtagn
    76. Re:In other words. by un1nsp1red · · Score: 2

      Now if they could just find a way to prevent fraud due to amnesia.

    77. Re:In other words. by davsi · · Score: 1

      haha "anonymized"

    78. Re:In other words. by khallow · · Score: 1

      And we should allow a major crime to go unpunished because someone might hold a grudge for more than four decades? This is nonsense, especially since you have yet to explain how someone will determine who voted for who.

    79. Re:In other words. by bobbied · · Score: 1

      You are a partisan in this, or at least being influenced by partisan rhetoric.

      These documents where declared "Ballots" by the court back in 2013. The documents being requested are NOT legally releasable because we vote by "secret ballot" in this country. State law reflects this reality and makes it clear that ballots may not be released for any reason EXCEPT to determine the actual winner in an election, and then only if ordered by the court in response to a dispute over the election results and then, only to be counted again. Research is NOT a valid reason under the law.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    80. Re:In other words. by bobbied · · Score: 1

      The law predates this guy's term in office by decades, like way back before 1974 by my research... You are a partisan hack...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    81. Re:In other words. by bobbied · · Score: 1

      Incorrect... The law says:

      25-2422. Unauthorized voting disclosure.

      (a) Unauthorized voting disclosure is, while being charged with any election duty, intentionally:

      (1) Disclosing or exposing the contents of any ballot, whether cast in a regular or provisional manner, or the name of any voter who cast such ballot, except as ordered by a court of competent jurisdiction in an election contest pursuant to K.S.A. 25-1434 et seq., and amendments thereto; or

      (2) inducing or attempting to induce any voter to show how the voter marks or has marked the voter's ballot.

      (b) The name of any voter who has cast a ballot shall not be disclosed from the time the ballot is cast until the final canvass of the election by the county board of canvassers.

      (c) Nothing in this section shall prohibit the disclosure of the names of persons who have voted advance ballots.

      (d) Nothing in this section shall prohibit authorized poll agents from observing elections as authorized by K.S.A. 25-3004, 25-3005 and 25-3005a, and amendments thereto.

      (e) Unauthorized voting disclosure is a severity level 10, nonperson felony.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    82. Re:In other words. by bobbied · · Score: 1

      The tapes have no voter names on them. You're a moron that doesn't know what they are talking about.

      Think about it, if there was a way to tie the vote to the voter with any of this information the government would know what every single person voted for and would breach the very idea of an anonymous vote. The names and connection to actual voters is never recorded for this very reason. It's impossible to tie a person to the ballot they cast.

      The judge in the 2013 case called these records "Ballots" and said that even though they didn't have voter's names, they where not releasable under state law. Nothing material has changed. These records are not releasable to ANYBODY except when there is an election result dispute and a recount is ordered. the researcher cannot legally obtain these records. The only unique difference in the researcher's new lawsuit is her claim that by requesting more ballots there is no way to determine what an individual's vote was because she is requesting a larger sample size. However, the law clearly says that "ballots" may not be released under any circumstances except to be recounted by the election board to settle a dispute over election results. Research is simply not a lawful reason for the records to be released.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    83. Re:In other words. by cusco · · Score: 1

      None of that has anything to do with unsealing the ballots, unless you have some magical way to link that ballot with a specific voter (hint: there isn't, even in these clusterfuck systems).

      --
      "Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
    84. Re:In other words. by bobbied · · Score: 1

      You are arguing with the court then. The Sedgwick County judge found these records to be "ballots" in 2013 and blocked their release. So if you don't like this, you need to move to Kansas and get the law changed, or perhaps you can move to Wichita KS and get the Sedgwick County Judge replaced too.

      The judge said that even though an individual ballot might not have a voter's ID attached, it constituted a "ballot" and releasing these ballots might possibly lead to exposing who someone may have voted for. The law makes it clear, ballots are NOT EVER released into the public domain. Even during a recount they are counted by election officials and resealed, only to be opened by court order.

      So... This researcher may not have these records, the Secretary of State may not release them, and the court has previously decided this vary issue back in 2013. You need to get over it now and let the partisan nitpicking stop.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  2. gee I wonder why all the need for secrecy here? by Anonymous Coward · · Score: 1

    What possible reason could there be to not let anyone who wants to look at the audit trail of election votes?

    1. Re:gee I wonder why all the need for secrecy here? by Fire_Wraith · · Score: 1

      That's easily fixed by making sure the results provided to the FOIA/etc type request are sufficiently anonymized. The audit trail shouldn't rely on matching each vote to a specific individual voter. If there is fraud involved, it will show up through other patterns, because they don't match what reality would be expected to generate, and tend to stand out as massive statistical outliers.

    2. Re:gee I wonder why all the need for secrecy here? by hawguy · · Score: 1

      I don't want my employer to know that I usually vote for Democrats.

      Don't the audit tapes just have anonymous ballot numbers? if you don't share your ballot receipt with your employer, you should be safe, especially if your employer is not the researching seeking the tapes since he, presumably, is doing statistical analysis and is not posting them online.

      Though if your employer cares enough about how you vote that it actually worries you if they found out, perhaps you ought to get a new job

    3. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      What possible reason could there be to not let anyone who wants to look at the audit trail of election votes?

      Perhaps it is unlawful to release these records Kansas? Oh wait, that's what the secretary of state is claiming....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:gee I wonder why all the need for secrecy here? by Anonymous Coward · · Score: 1

      The audit trail shouldn't rely on matching each vote to a specific individual voter.

      That's literally the only way to verify that each voter only voted once, and that no votes were cast by persons who don't exist or didn't vote.

      If there is fraud involved, it will show up through other patterns, because they don't match what reality would be expected to generate, and tend to stand out as massive statistical outliers.

      Knowing that there were extreme statistical outliers did nothing in the case of the 2000 election. Clearly, it's not enough. People need a smoking gun.

    5. Re:gee I wonder why all the need for secrecy here? by suutar · · Score: 3, Informative

      and the researcher says that the statute requires them to remain anonymous, not unseen. If her plan keeps the records anonymous, then is it still illegal? (I haven't looked up the statute itself, but I assume if it clearly refuted the "anonymous, not unseen" part someone would have mentioned it in the news stories.)

    6. Re:gee I wonder why all the need for secrecy here? by oh_my_080980980 · · Score: 1

      Oh wait it isn't....sorry Zippy....

    7. Re:gee I wonder why all the need for secrecy here? by Bartles · · Score: 1

      or 2004, 2006, 2008, 2010, 2012, and 2014.

    8. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      If the state law says the voter must remain anonymous and the court has previously said that releasing the records violates that law, this is NOT different.

      It doesn't matter what the researcher says she will do with the information, it matters what the state releases. So even if the researcher says they won't release any voter identification information, it doesn't matter, she cannot, by law, have it.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    9. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      Secretary of State Kobach filed a legal challenge to the suit. It states the records are sealed by state statute and that he is not the custodian of the records. It also points out Carlson filed a similar lawsuit for the paper records in 2013 and was denied access to the paper trail. The judge ruled that the records, even though they did not contain personally identifiable information, were still ballots.

      http://sunlightfoundation.com/...

      What say you now Dopey?

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    10. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      Oh yes it was.... Read this: http://www.hdnews.net/opinion/...

      Specifically where he says the following:

      Secretary of State Kobach filed a legal challenge to the suit. It states the records are sealed by state statute and that he is not the custodian of the records. It also points out Carlson filed a similar lawsuit for the paper records in 2013 and was denied access to the paper trail. The judge ruled that the records, even though they did not contain personally identifiable information, were still ballots.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    11. Re:gee I wonder why all the need for secrecy here? by suutar · · Score: 1

      The court has ruled that releasing records from a single district violates that. Perhaps releasing records sampled over multiple districts randomly doesn't. Or perhaps it does. It's not about what she's going to do with them, it's about which records she gets to look at and whether there's enough information in that data set to reduce anonymity.

    12. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      Still, the researcher is "answer shopping" hoping for a different judge and a different decision. Which is may point. The Secretary of State cannot legally release the ballots to the researcher under any circumstances. He correctly claims that the ONLY valid reason these records can be looked at is if an election result is contested and the court agrees to an inspection of the ballots is necessary to clear up who won the election. Research is NOT a valid reason for the records to be released.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    13. Re:gee I wonder why all the need for secrecy here? by suutar · · Score: 1

      I'm not aware of a law saying that the results flatly cannot be released, and what I've heard of the previous judge's ruling doesn't imply that ("would not be sufficiently anonymous" is much different from "not releasable for any reason other than recount"). Do you have a pointer to that law?

    14. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      Results? Who's talking about results?

      It's the ballots that cannot be released to *anybody* for any reason other than a court ordered recount by Kansas state law and then only to the election officials charged with counting the votes in the recount. The researcher may not have the records she seeks because they are essentially ballots being a hard copy record of individual's votes that was printed at the time the votes where cast. We vote by "secret" ballot in this country, so in order to protect a voter from inadvertent exposure of his/her actual vote these records are NOT made public. Kansas state law is simply to protect voters and keep their ballots secret.

      So this isn't about "results" being released, the vote counts are totally in the public domain and already available to the researcher, it's about the researcher asking for records which cannot be released, about abiding by the state law designed to keep secret ballots, secret.

      And an excellent pointer into the State law comes from the Kansas Secretary of State himself where he explains this.. http://www.hdnews.net/opinion/...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    15. Re:gee I wonder why all the need for secrecy here? by suutar · · Score: 1

      Thanks, that link was quite informative. What I had previously read of the judge's decision was apparently incomplete.

    16. Re:gee I wonder why all the need for secrecy here? by bobbied · · Score: 1

      IMHO Most of what's written on this is apparently biased for partisan reasons. A bunch of news outlets have a bee in their collective bonnets and are trying to apply the pressure of public opinion by misleading folks about the actual facts in this case. Basically the democrats got their collective panties in a wad and are trolling the sheeple who don't know any different.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  3. What the Fuck is the Matter with Kansas? by Anonymous Coward · · Score: 1

    What's the Matter with Kansas?: How Conservatives Won the Heart of America by Thomas Frank

    1. Re:What the Fuck is the Matter with Kansas? by HornWumpus · · Score: 1

      In American politics: Progressive: A reactionary wanting to return to the politics of the 1930s.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  4. Somebody just re-defined... by cloud.pt · · Score: 2

    ...the definition of "something's fishy".

  5. Complete bullshit by UnknownSoldier · · Score: 4, Insightful

    Authority without Accountability = Authoritative Abuse(s)

    When are people going to demand an open and transparent government?

    More important, who stands to gain (or be hurt) if this information was released?

    1. Re:Complete bullshit by Archangel+Michael · · Score: 3, Insightful

      The People really don't want one either. People don't really want to know what is being done in their name by politicians, or else they would be pissed off. Plausible deniability. It is how many Germans ignored the Nazis.

      To know, would require a person of any amount of conscience to act.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re: Complete bullshit by ravenshrike · · Score: 1

      Perhaps we should start with cook county illinois as outside of miami dade that's where the dead are most likely to vote.

  6. Re:old news by bobbied · · Score: 1

    No, this is a NEW lawsuit which is basically the same lawsuit which was ruled the records where not subject to FOIA in 2013. The researcher is trying another trip to court with what amounts to the same question, albeit for a different election's records. The secretary of state is right, she cannot release these records legally.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  7. Special Interests, a question by Virtucon · · Score: 4, Interesting

    Who's funding Clarkson's lawsuits?

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
    1. Re:Special Interests, a question by Anonymous Coward · · Score: 1

      What a surprise. A republican supports hiding of voting records.

    2. Re:Special Interests, a question by Anonymous Coward · · Score: 1

      Is the conservative way to shoot animals on site without reason?

      If you think there is no reason to shoot ducks, you don't know much about ducks.

    3. Re:Special Interests, a question by oh_my_080980980 · · Score: 1, Troll

      So your true colors show. Sorry moron it's not illegal, just a burden that's all. Look it up sometime.

    4. Re:Special Interests, a question by pr0fessor · · Score: 2

      Well Beth needs to get off KU campus and go take a drive through the rest of Kansas listen to some local radio maybe she won't need records when she finds she can't throw a rock without hitting Republican.

    5. Re:Special Interests, a question by khallow · · Score: 1

      Could be libertarians. Ron Paul was on the wrong side of many of these anomalies.

    6. Re:Special Interests, a question by bobbied · · Score: 1

      I have no dog in this hunt as I don't live or vote in Kansas...

      The courts already decided that the Secretary of State is correctly refusing the FOIA request and they did so in 2013. The researcher is just fishing for a different answer and hoping for a different judge. Why else would she file this latest lawsuit? For grins?

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  8. Re:Don't care. by Black+Parrot · · Score: 1

    You should move to one of those utopian failed states.

    --
    Sheesh, evil *and* a jerk. -- Jade
  9. Really? by wiggles · · Score: 4, Insightful

    > 'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct.

    The larger the precinct in geographical terms, the more spread out the population. The more spread out, the more rural, the more rural, the more Republicans per capita. Where's the problem here?

    1. Re:Really? by Anonymous Coward · · Score: 1

      the stupid is strong with this one

    2. Re:Really? by HornWumpus · · Score: 1

      I'm sure she understands, but is grandstanding.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:Really? by Mycroft-X · · Score: 2

      Same pattern happens in reverse -- take Illinois voting returns, for example. Rural precincts with fewer voters compile and report their results quickly, so Illinois goes deep red. Then Cook County (Chicago), which represents 1,635 of Illinois' 57,915 square miles, or about 2.8%) reports and the state goes blue.

      Using 2012 as an example, Cook County contributed 1.94 million votes to a 5.1 million total. So 2.8% of the land area represented 40% of the results that decided 100% of the electoral votes of the state. I'm pretty sure the 97.2% of Illinois that works that land to feed the remaining 2.8% feels pretty crappy about that imbalance.

    4. Re:Really? by jlowery · · Score: 1

      Obviously you've studied this in depth. No wild-assed speculator, you.

      --
      If you post it, they will read.
    5. Re:Really? by Darinbob · · Score: 1

      The votes are still secret. A voter's name or identification is not on the vote itself and should not be on any receipts (unless they chose some horrifically designed voting machine).

    6. Re:Really? by HornWumpus · · Score: 1

      Have you ever been to Kansas?

      There is no speculation here. Kansas still runs a 'prohibition party' candidate for most political offices, and they get votes. Note: That's a party that wants to bring back prohibition of alcohol.

      That said. The butthole of Kansas, Johnson County, is also very conservative. (Wyandotte county is an anal fistula attached to Johnson.)

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    7. Re:Really? by jwdb · · Score: 1

      Using 2012 as an example, Cook County contributed 1.94 million votes to a 5.1 million total. So 2.8% of the land area represented 40% of the results that decided 100% of the electoral votes of the state. I'm pretty sure the 97.2% of Illinois that works that land to feed the remaining 2.8% feels pretty crappy about that imbalance.

      Yes, I'm sure those 97.2% of Illinois's acres of land feels really bad about supporting the other 2.8% of acres of land. On the other hand, the *minority* of rural voting humans don't have a leg to stand on when the *majority* of urban humans overrules them.

      Do you want a state electoral college that choses the governor and legislators, with the electors chosen by each district, as they do at the federal level? Or maybe, say, one vote per person per acre owned?

    8. Re:Really? by T.E.D. · · Score: 1

      Additionally, Kansas has a very unusual history wrt the major parties. Look up Bleeding Kansas. Until fairly recently, the Democratic party wasn't a politically viable option at the state level or lower, so the national blue-red divide tends to play out there within the Republican party.

      That means most of the political rules of thumb that apply elsewhere in the country don't necessarily apply there.

    9. Re:Really? by jwdb · · Score: 1

      Well, either the urban crowd *does* have a majority, regardless of the numbers GP pulled out of his ass, or the rural crowd is not as unified as GP thinks. Either way GP's an idiot for conflating land holding with voting rights, and I don't care enough to be precise.

      Baby Jesus can go fsck himself, my math skills are fine.

  10. Poor excuse by mschaffer · · Score: 5, Insightful

    So, if the government stores information in an inconvenient format, that makes it exempt from freedom of information requests?
    Pathetic.

    1. Re:Poor excuse by Anonymous Coward · · Score: 1

      So, if the government stores information in an inconvenient format, that makes it exempt from freedom of information requests?

      Yes. I work for a public college that has been hit with a rash of records requests. Some legit, some from crazies (e.g., have never attended the school, never lived in the state, nor know anyone who does. The requester admitted this in his request, but he still thought we had records on him personally (and no doubt had a closet full of tinfoil lined hats).

      So, our lawyer told us to not do routine file restores anymore. Backups would be solely for disaster recovery. If it was an undo burden to comply with the requests (even if that undue burden was an intentional outcome), we could refuse some of these requests.

      Pathetic.

      I feel the same way. But, on a practical standpoint there needs to be a way to weed out the crazy too.

  11. Re:Don't care. by Bugler412 · · Score: 1

    You mean the red states that consistently receive more in federal funds than they contribute in tax dollars? Oh yeah those places....

  12. It is amazing... by bobbied · · Score: 3, Insightful

    It's a amazing how many folks have a "Government is hiding something" default setting here. Who, without reading the background material, conclude that the Kansas Secretary of State is stonewalling with the "it's not legal to release this information" argument.

    I urge you to read both the above article AND the one it links to. You will discover that this researcher filed almost the EXACT same lawsuit years ago and LOST in court back in 2013. The courts agreed with the Secretary of State that the release of this information was illegal according to Kansas law.

    All that's happening now is the researcher is trying to find a judge who might rule differently by filing another lawsuit. She is answer shopping and hoping to "get lucky" this time around. IMHO this is a waste of time and is clogging up the courts with worthless lawsuits.

    --
    "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    1. Re:It is amazing... by oh_my_080980980 · · Score: 1

      I guess you never heard of an audit. Too bad Zippy.

    2. Re:It is amazing... by jklovanc · · Score: 2

      An appeal is to take the original case to a higher court and ask them to overrule a lower court. What she did was re-file the same case years later with the same court. That is not an appeal.

    3. Re:It is amazing... by bobbied · · Score: 1

      Read the articles.... This isn't an audit, it's a FOIA request for records the Secretary of State is not allowed to release, by law. Further, the courts have already decided, back in 2013 for the same records for a different election, in favor of the Secretary of State's position.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    4. Re:It is amazing... by bobbied · · Score: 1

      I guess you never heard of an audit. Too bad Zippy.

      Again dopey... Here's what the Secetary of State is saying... http://www.hdnews.net/opinion/...

      There’s an important reason why neither I, nor Sedgwick County officials, can hand over any ballots to the WSU employee — because it’s a crime to do so. Under K.S.A. 25-2422, it’s a felony to “disclos(e) or expos(e) the contents of any ballot” after the election contest period has ended, even if the names of voters are redacted. Another Kansas law, K.S.A. 25-3107(a), specifically prohibits county election officials from unsealing the containers in which ballots are kept after an election. Only under a judicial order, when the outcome of a specific race has been contested, can those containers be unsealed.

      And there’s something else Lowry failed to mention. When the same WSU employee filed a nearly identical lawsuit a few years ago, seeking records from the 2010 elections, the district court judge ruled against her. The judge held that “disclosure of the records requested is not authorized under K.S.A. 25-2422.” The judge also pointed out if the ballots were disclosed, it might be possible to determine the votes of specific voters, even if the names were redacted. The potential loss of ballot privacy could make many people wary of voting.

      Seems like it would be illegal for the records to be released in any form other than the already tabulated and available election results.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    5. Re:It is amazing... by bobbied · · Score: 1

      You are clearly being partisan because Kansas law is clear on this. Ballots may not be released under any circumstances except if there is a dispute about who won an election and the court orders a recount. The Secretary correctly claims that he cannot release the records for any other purpose because they are considered "ballots" under the laws of the state. THIS was decided back in 2013, the question has not changed, no matter how redacted, these documents may not be released.

      How following the law and court precedent can be perceived as covering something up is something born of partisan rhetoric, not logical thought.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    6. Re:It is amazing... by Fencepost · · Score: 1

      Perhaps I am partisan, but I'd say that at this point there's enough information to make a credible argument for calling into question any election in Kansas. Of course, that would perhaps be vote fraud not voter fraud, and I'm not sure that the former is as worth of attention as the chance of catching those rare Ann Coulters of the world who vote illegally.

      Of course, this could be a rework of the old saying, now to "It is better to hide ballots and let people think there's a criminal conspiracy rather than opening them up and proving it."

      I think it'll be interesting to watch recount challenges that would normally be outside the margin where a recount would be allowed. Will they challenge that exclusion based on the unexpected statistical pattern without which they wouldn't be outside that margin?

      --
      fencepost
      just a little off
    7. Re:It is amazing... by bobbied · · Score: 1

      The Secretary of State cannot stop a recount ordered by the court as hard has they might try. The criteria for a recount are very specific in the law so there should be no questions raised. Plus, the records are not in HIS control, but belong to the local officials in charge of elections. They are not his to give away or prevent access to.

      Now IF the Secretary of State tries to stop a legal recount, it would justify your suspicions that there was fraud involved, however at this point there is nothing but partisanship rhetoric here from your side. The Secretary of state is attempting to follow the law, has court precedent on his side, and would be committing a felony if he attempted to grant this researcher's request, plus he DOESN'T actually HAVE the records. If the shoes where on the other foot, following the law is exactly what I'd want a Secretary of State to do.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    8. Re:It is amazing... by Fencepost · · Score: 1

      My concerns include the following:

      * Candidates may only request recounts in state and federal elections. This leaves lower levels (esp. cities and counties) with no recourse.
      * If the margin originally reported is greater than 0.5% then the recount requester has to put up a bond to cover the full cost of the recount. Since the question being researched relates directly to unexpected statistical skew in voting results after voting units (precincts?) reach 500 votes, that skew if artificial and introduced at the tabulating stage might well result in a margin greater than 0.5%.

      I'll grant though that perhaps she should have chosen a different place to check since the statistical pattern is not only seen in Kansas - it's just that the researcher is in Wichita, so presumably Kansas is the easiest place for her to work and she's an interested party as a resident of the state.

      --
      fencepost
      just a little off
    9. Re:It is amazing... by bobbied · · Score: 1

      She's been told no by a Wichita judge already for exactly the same records for another election back in 2013. Everybody knows this request will meet the same fate, including the Wichita State professor. So one must ask yourself WHY? Why would you ask the question, knowing the answer will likely be the same?

      1. She's stupid enough to think that the judge will buy this "I'm asking for more data so I won't be able to identify individual's votes" theory. She doesn't know this to be true, nor does the judge. This is why the law says NO BALLOTS may be released, regardless of the terms. She's not this stupid, nor is the judge.. This request will be denied too.

      2. She's being paid to do this by somebody and just wants their money. That somebody who is stupid enough to pay her (see #1) or has other motives (see #3).

      3. She not really interested in research but is primarily making a partisan point full knowing that the "new" request will be denied on the exact same ground as her previous request was in 2013. The point here is to cause as much of a political fire storm as can be created, in hopes of fanning the flames of the partisans, especially those who are not paying attention to the history of this researcher's requests.

      IMHO - Let her go get her records from other states as Kansas law prevents her from having what she wants. My guess is Kansas is NOT unique though and she knows her requests will meet similar fate no matter where she makes her request, that the point is to fan the flames of partisan discord and identity politics.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  13. Re:Being wrong will bring more changes than right by jafiwam · · Score: 2

    Well, it better be "significant enough" to be the difference in a statewide election. If it's not, or if it's real, then all the research will have done is shown those republicans where they have over saturated some areas and it's time to redraw some lines. My guess, is that's the worst case scenario for the "researcher" and that if it is legit we'll never hear from the again.

    Wait. Are you saying it's appropriate to "redraw some lines" based on what party won a district?

    Corrupt much?

  14. Re:There is no voter fraud! by dywolf · · Score: 4, Insightful

    No, they tell you that In-Person Voter Fraud is close to nonexistent, the most uncommon variety, the hardest to perform, and the least rewarding.
    They also tell you that In-Person Voter Fraud is the only form prevented by Voter ID laws.

    And that in an effort to stop those tens of invalid in-person votes per year on a national scale, the trade off is disenfranchising hundreds of thousands of legitimate voters nationwide. Voters who are overwhelming tend to be poor/minority/democratic voters. There are still several other forms of fraud that are easier to perform, and much more affecting of the outcome of an election, which Voter ID does nothing about.

    Do try to learn about the topic before speaking.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  15. Re:Being wrong will bring more changes than right by HornWumpus · · Score: 2

    I'm sure that's what you see.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  16. Re:Democrat fraud by oh_my_080980980 · · Score: 1

    Umm you do realize Republicans scream about voter fraud. It's their justification for voter ID. To answer your question: yes it would. You might want to read the article.

  17. Re:There is no voter fraud! by Anonymous Coward · · Score: 2, Insightful

    There was 235 MILLION registered voters in the 2012 election. Hundreds of thousands is a statistical fluke. A difference of a few degrees outside is also likely to affect turnout by 0.05%. New Hampshire typically schedules their elections on a Tuesday in March, sun or snow. Heck, a few years ago turnout was so low our vote on a town policy didn't reach quorum. A strong effort to boycott the election may also have helped. Yes, you read that right. (The difference between a "No" vote and a failed vote had something to do with how the measure could be re-introduced later.)

    Check your claim that it "overwhelming tends to be poor/minority/democratic" voters, too: Much Ado About Nothing? An Empirical Assessment of the Georgia Voter Identification Statute

    Substantively, the law lowered turnout by about four-tenths of a percentage point in 2008. However, we find no empirical evidence to suggest that there is a racial or ethnic component to this suppression effect.

    Voter ID laws don't suppress democrats, either. Well, not living ones, anyways.

    I don't like encouraging the spread of ID requirements by the government either... you know, having to get permission from the federal government to TAKE A JOB comes to mind. But voting? Seriously? It's a state ID for a state purpose.

  18. JESUS!!!! by JimSadler · · Score: 1

    If anyone wanted to destroy the idea that we vote and elect officials in the US there is no better way to do it than to keep voting records secret. Maybe they can claim it as a national security issue due to the theory that if the public ever figured out what is really going on there would be massive riots across the entire nation. It takes a very dumb official to try and suppress this information.

    1. Re: JESUS!!!! by jklovanc · · Score: 1

      Since when did "not bulk copyable for free by anyone who makes a FOI request" equate to "secret"? Do you have any idea how much it would cost to copy all the tape she requested?

    2. Re: JESUS!!!! by Enigma2175 · · Score: 1

      if the public ever figured out what is really going on there would be massive riots across the entire nation.

      If only that were true. If widespread voter fraud was clearly identified, I expect the reaction of most Americans would be "Ho-hum, I wonder if anyone liked my Kardashian post on Facebook". Just like the debacle with the NSA spying, they got caught red-handed clearly circumventing the law and spying on US citizens and the collective response from the public was "Nobody cares!".

      --

      Enigma

    3. Re: JESUS!!!! by AK+Marc · · Score: 1

      FOI isn't free, and you will be billed for FOI requests.

  19. So then... why bother with the bloody paper tapes? by Average · · Score: 5, Insightful

    If it's legally impossible to request a review of them, why bother with creating and storing the paper tapes in the first place?

    Which leads, I guess, to the next question. If it's legally impossible to review an election, why bother holding them in the first place?

  20. Re:There is no voter fraud! by Ichijo · · Score: 1

    First, we zoned minorities out of white neighborhoods. Now we're also trying to keep them out of voting booths. Is this country becoming more racist?

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  21. Re:Considering Republicans are literally murdering by Darinbob · · Score: 1

    I thought that problem was fixed already? We're dealing with modern fraud today not decades old fraud. Or is your justification that because one side cheated that the other side is allowed to cheat to make up for it?

  22. Re:District gerrymandering by SuricouRaven · · Score: 1

    It's politics. You have to cheat at least as much as your opponent just to keep the game fair.

  23. Re:So then... why bother with the bloody paper tap by jklovanc · · Score: 1

    She is asking for a copy of the tapes. That is very different than the tapes being reviewed.

  24. Re:If not for this, why do the tapes even exist? by jklovanc · · Score: 1

    Look at and copy are very different things. She wants a copy.

  25. Re:you fail at formal logic by mtrachtenberg · · Score: 1

    If this were a serious concern for you, you would realize that election officials must be lying when they talk about your ballot's votes being anonymous. I've never heard anyone suggest such a concern, so I assume those who raise "formal logic" issues, with special coded sequences of votes and such, are being, well, politeness prevents me from finishing the thought yet again.

    Would you like a verifiable election that doesn't rely on ballots? Fine, here you go: five contests with five candidates requires five scales, five planks of wood, five curtains, and 25 etched glass jars with lids through which beans can be inserted into temporary holding chambers, falling into the jar only when the jar is tilted. The planks go on the scales, the jars on the planks, the jars' etches indicate which choice each jar represents. The scales are checked after each voter to show that no more than one bean's weight was added to each contest by the voter, at which point the plank is shaken or tilted and the beans drop into their jars. The only part of any jar visible to anyone until the end of the election is the part from the etching to the top. Representatives of each candidate monitor the jar collection until each jar is weighed, at which point the jars are sealed and transported. The winners are those represented by the heaviest jar in each contest. Done. And, miraculously, I have not cursed.

  26. Re:Don't care. by omnichad · · Score: 1

    Both parties run out of money. One of them does it by not taxing enough, the other does it by spending too much.

  27. Re:you fail at formal logic by mtrachtenberg · · Score: 1

    I neglected to add that this example converts naturally to paper ballots as soon as someone discovers that each contest can get its own slip of paper.

  28. Re:try a real state by omnichad · · Score: 1

    That's because most poor vote democrat because of social programs that only really work well in urban areas. The rural poor don't get much benefit but still pay the taxes for it. It's nothing to say about how progressive or backward people are. It's all purely selfish motivation and not the best interests of the country/state as a whole.

  29. Exemptions to the Kansas Open Records Act by nickweller · · Score: 1

    'There are multiple exemptions to what types of records are available under the Kansas Open Records Act.' ref.

  30. Re:District gerrymandering by nickweller · · Score: 1

    @peterofoz: "It could also be the effect of gerrymandering by Democrats to consolidate republicans into fewer districts and diluting votes in other districts so more district level elections can be favorably held."

    Very well spun, you should be working for Faux News.

  31. Re:There is no voter fraud! by GoChickenFat · · Score: 2

    I keep hearing this argument that voter ID requirements disenfranchise the poor and minorities. Why is that a given? Why can't poor people get the free ID or what possible connection do being a minority have to do with not having an ID? I don't get it. Poor and minorities use ID's all the time for buying alcohol, cashing checks and getting title loans...all of a sudden they can't find their ID on election day? But I'll agree with you - the greatest fraud will be found in the vote harvesting that is increasing with the expansion of early voting. The biggest threats to our voting as I see it are early voting, open primaries and touchscreen voting machines - more so than voting day fraud.

  32. Re:There is no voter fraud! by Bartles · · Score: 1
    Isn't the article alleging In-Person Voter Fraud?

    No lawsuit needed!

  33. Re:Being wrong will bring more changes than right by tbannist · · Score: 1

    So, you're saying it's less corrupt because everyone else is also corrupt?

    --
    Fanatically anti-fanatical
  34. Re:There is no voter fraud! by Overzeetop · · Score: 1

    235 million registered voters, barely over half of which voted.

    Still an anomoly? At the presidential level, possibly. Though 74,000 votes separated Obama from Romney over 29 electors in Florida, for example.

    But you don't even have to drop to the state legislature to see small numbers matter. In 2014, Martha McSally beat Ron Barber in Arizona for the US House of Representatives by 219 votes. That's a pretty slim margin for a district with 640,000 residents.

    So, yes...it actually does matter.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  35. Re:There is no voter fraud! by Mantrid42 · · Score: 1

    Because DMV offices are only open during business hours and not on weekends in poorer areas.

  36. Re:District gerrymandering by tbannist · · Score: 1

    How are the Democrats gerrymandering Kansas when it's controlled by the Republicans?

    --
    Fanatically anti-fanatical
  37. Re:There is no voter fraud! by GoChickenFat · · Score: 2

    Because DMV offices are only open during business hours and not on weekends in poorer areas.

    That's a stretch... its also not true in my state where voter ID laws have been derided with the same fact-less "poor, minority, democrat" nonsense. There are weekend hours and extend evening hours during the week. These same "poor" seem to have no trouble using the SS office hours to get their "paycheck".

  38. Re:Being wrong will bring more changes than right by HornWumpus · · Score: 1

    No, I'm saying that the OP is a partisan jackhole who only looks at one sides dirt.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  39. Re:There is no voter fraud! by Mantrid42 · · Score: 1

    Oh, well, if that's the case in your small corner of the country, great. Around here, most DMVs don't have that. And how long are the extended hours for your DMV? Long enough for someone with only access to public transportation to get from their job to the DMV? What if they need to pick up their kids first?

  40. Re:vote per acre owned by jwdb · · Score: 1

    As opposed to the tyranny of the minority landholding aristocracy raiding the federal coffers?

    Well, I'm glad you'll never get your way. Props for being honest, however.

  41. Re:Nothing to see here by compro01 · · Score: 1

    Except that the tapes contain no personally identifiable information, so that claim is bullshit.

    --
    upon the advice of my lawyer, i have no sig at this time
  42. Re:There is no voter fraud! by rahvin112 · · Score: 1

    The poor and elderly often don't have drivers license and the only place you can get these "free" ID's is often hundreds of miles away and only open during business hours. If I took your car away and told you the only way you could vote was to take a day off work, spend 4 hours and $6 on a bus each direction while giving up a days pay while living paycheck to paycheck would you do it?

    What if you didn't have a car, were elderly, of ill health and living on social security and having to skip a meals several times a month to survive?

    I simply can't believe you are this ignorant of what it's like to be the working poor. Either you are a child or just an ass.

  43. Re:There is no voter fraud! by GoChickenFat · · Score: 1

    I'm sorry - your rebuttal is full of straw man conjecture - "hundred's of miles?" come on. I'm middle aged and very aware of being working poor myself. I think it's amazing that its too burdensome to get and ID but on election day all of a sudden the burden is removed. I live in the country and my voting precinct is as far away as the DMV - a 20mile round trip and no bus or taxi is ever going to come out here to give me a ride - certainly not for $6 - so does that make me already disenfranchised? I just don't get the defense here. Why is it so bad to prove who you are when participating in something as important as voting? To be honest, I really don't want people voting that can't take the time to fully participate in the process and that has nothing to do with race, income or party.

    And to answer your question - yes, I made voting important enough to forgo other useless activities like playing the lottery, buying drinks at the bar, and not wasting money on cigarettes - all while living paycheck to paycheck and borrowing to get by. it's called priorities. I'm sorry I'm not sympathetic to people with misaligned priorities trying to vote without an ID. That doesn't make me ignorant or an ass.

  44. It is not the voter that counts, by WindBourne · · Score: 1

    It is the counter that counts. I think it might be time to examine this issue in other states as well.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  45. Re:There is no voter fraud! by AK+Marc · · Score: 1

    Why can't poor people get the free ID or what possible connection do being a minority have to do with not having an ID?

    "Free" IDs require a non-free application process.

    And minorty has to do with it because poll taxes, like required ID, were started in the late 1800s explicitly to keep ex slaves from voting. You do realize that most ex slaves were minorities, right? And the minorities are still disproportionately poor, so anything targeting the poor is inherently racist.

  46. Re:There is no voter fraud! by AK+Marc · · Score: 1

    Poor and minorities use ID's all the time for buying alcohol, cashing checks and getting title loans...all of a sudden they can't find their ID on election day?

    Yeah, but what about the poor that don't have an ID? Sure, they can't buy alcohol (really, when was the last time you were carded?), cash checks (many places don't require ID for that, you claim to have been working poor, but apparently were never poor-poor, and look down on those who are), or get title loans on the cars they don't own, and can't vote. If you can't afford the poll tax, we don't want you voting, anyway.

  47. Re:Voter fraud is a Democrat trick by AK+Marc · · Score: 1
    And box stuffing is the Republican trick and always has been.

    Can't collect welfare or even pick up prescription drugs without ID,

    I've never had to present ID for either of those two activities. Have you, or are you only making things up?

    not to mention by booze or smokes.

    ID is not required for either of those. It may be asked for, but the shops that cater to the poor, don't ask anyone for ID. It's only in white surburbia where every checker must put in a manager code and birthdate.

  48. Re:If not for this, why do the tapes even exist? by AK+Marc · · Score: 1

    Nope, they are the same. Look at freely, requires copies. How does she look at it when she wants if someone else is looking at it? How does she look at it with an OCR that puts the aggregates into a table without copying it?

  49. Re:There is no voter fraud! by GoChickenFat · · Score: 1

    Poor is a state of mind. Your arguments are no more in depth than any other I've heard. Its all conjecture. You're free to continue peddling your "victimology" as I'm done with this useless thread.

  50. Re:There is no voter fraud! by AK+Marc · · Score: 1

    When the law is explicitly stated as being a barrier to voting, how is it "victimology" to point out that it's a barrier to vote?

  51. Re:If not for this, why do the tapes even exist? by jklovanc · · Score: 1

    Someone can look at them and that would be government officials who has been allowed to do it by court order. They unseal the boxes, take the tapes out, look at them, return them to the box and reseal them.

    How does she look at it when she wants if someone else is looking at it?

    I never said she could look at them. Just because she can not look at them does not mean that nobody can.

    How does she look at it with an OCR that puts the aggregates into a table without copying it?

    She can't without a court order as is the law.

  52. Re:If not for this, why do the tapes even exist? by AK+Marc · · Score: 1

    Look at and copy are very different things.

    Why lie when we can look back one post and see your lies?

  53. Re:If not for this, why do the tapes even exist? by jklovanc · · Score: 1

    How exactly did I lie?