HB614 (SB872), which would have delayed implementation of the Tennessee Voter Confidence Act, was beaten back a bit by a well-informed and impassioned Senator Roy Herron (D-Dresden). Senator Herron, who offered an amendment to address all the concerns of those orchestrating the delay, along with Senators Jim Kyle and Andy Berke, gave the citizens of Tennessee who want secure and verifiable elections a voice on the Senate floor.

The final vote for the bill was 16-14 and failed to get the majority needed to send it to the Governor for his signature.

As of 5:00 PM this afternoon, the bill has been referred back to Calendar & Rules.

UPDATE: The vote to keep the Tennessee Voter Confidence Act intact and on track for the 2010 election was along party lines, except for Sen. Tim Burchett (R-Knoxville). Yay, Senator Burchett!

Sen. Tim Barnes (D-Adams)
Sen. AndyBerke (D-Chattanooga)
Sen. Tim Burchett (R-Knoxville)
Sen. Charlotte Burks (D-Monterey)
Sen. Lowe Finney (D-Jackson)
Sen. Ophelia Ford (D-Memphis)
Sen. Thelma Harper (D-Nashville)
Sen. Doug Henry (D-Nashville)
Sen. Roy Herron (D-Dresden)
Sen. Doug Jackson (D-Dickson)
Sen. Jim Kyle (D-Memphis)
Sen. Beverly Marrero (D-Memphis)
Sen. Eric Stewart (D-Belvidere)
Sen. Reginald Tate (D-Memphis)

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Yesterday, despite a last ditch effort by Democratic House Minority Leader Gary Odom (D-Nashville), secure and verifiable elections in Tennessee were dealt a serious blow when HB614 – which would delay the implementation of paper ballots from the 2010 general election to the 2012 general election and would also replace a mandatory hand counted audit of a certain percentage of the ballots – passed through the House 70-23.

As Gathering to Save Our Democracy, Common Cause, the League of Women Voters of Tennessee, VerifiedVoting.org, Voter Action, and VotersUnite.org, stated in a press release, yesterday’s floor debate missed the mark:

Arguments made during the Wednesday night debate focused on the 2005 voluntary federal standards, which Tennessee law now requires for all voting equipment. Rep. Gary Moore (D-Joelton) spoke of the need to wait for paper ballot scanners compliant with the 2005 voluntary guidelines.

“Rep. Moore’s argument is like wanting to wait to put a roof on your house until fancier shingles come along, when all the while there are perfectly good materials to keep the rain out,” VerifiedVoting.org president Pamela Smith said. “The argument ignores the TACIR recommendations back in 2008, and ignores the findings of other major state reviews of voting systems in Kentucky, Ohio, Connecticut, and California,” she said. “States that have taken a serious look at voting system security are not saying, ‘Let’s wait for new paper ballot scanners.’ Current paper ballot scanners have proven themselves time and again in live elections, so in the last two years states like Kentucky, Florida, California, and Iowa are moving to better systems that are available now,” she said. Existing optical scan systems have proven highly accurate, she added. A study of the recount of the 2008 Minnesota US Senate election showed paper ballot scanners to be 99.99% accurate.

Removing the requirement for a hand counted audit flies against the recommendations of many computer scientists. “HB 614’s new “audit” scheme would be an ineffective way of detecting software error. It would take less time and be just as effective to make election officials do a brief incantation and certify the election,” Smith said.

“Last year, over 50 counties in Kentucky switched to paper ballot scanners. Kentucky is ahead of Tennessee in trustworthy voting,” said Ellen Theisen, Director of VotersUnite.org.

On Monday, a group of computer scientists sent lawmakers a letter explaining the need for a hand count to check electronic vote tallies. Over half the states have conducted a hand-count sample to verify electronic vote tallies, or plan to do so in future elections. Hand-counted audits also were also recommended by the 2008 report of the Tennessee Advisory Commission in Intergovernmental Relations (pdf).

HB 614 amends the Tennessee Voter Confidence Act (TVCA). The Voter Confidence Act was enacted in 2008 after TACIR recommended that the state adopt voting technology with a reliable, independent paper record of every vote, and that election officials use those records to conduct routine hand-counted audits of electronic vote tallies. When the law takes effect, all votes in Tennessee elections will be cast on paper ballots read by electronic scanners.

The state has sufficient federal funds on hand to pay for the law’s shift to better equipment. All but two counties in Tennessee now use purely electronic voting machines with no paper trail. In recent years, paperless electronic voting systems have been strongly criticized by leading computer scientists. The TACIR report noted that if Tennessee’s electronic voting machines store votes incorrectly because of malfunction or fraud, recounts are “useless.”

“Delaying the implementation of the Voter Confidence Act until 2012 (if it is even implemented then) does nothing whatsoever to protect and honor our franchise,” said Bernie Ellis of Gathering to Save Our Democracy. “It’s hard to fathom the legislature doing the exact right thing just last year, and now trying to do the wrong thing. It makes no sense at all. Voters deserve better,” said Smith.

The group, and just about every citizen in Tennessee, urges the Senate to reject the delay. The Senate will take up the bill this afternoon at 3 PM.

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If yesterday’s statement by Tennessee House Republican Rep. Brian Kelsey (R-Germantown) during the discussion on the budget didn’t make you think he was a walking right-wing extremist talking point, then surely the press release he issued today prior to the debate on Rep. Beth Harwell’s (R-Nashville) charter school bill – and read aloud by State Rep. Ulysses Jones (D-Memphis) on the floor of the House during the discussion – will convince you.

“Charter school expansion will help poor children have a chance to receive a quality education. said Rep. Kelsey, “Our public school system is the last vestige of slavery. It traps many impoverished kids into a system of poor education with very little chance of success. I’m glad that this bill continues to pick up bipartisan support from the local level all the way up to the presidency.”

Add “hyperbolic,” “insulting,” and “misguided” to the list of adjectives that describe Rep. Kelsey. His comparison doesn’t even work metaphorically. And during a session in which we saw a bill that would have directed the state of Tennessee to issue an apology express profound regret for slavery bullied (and sullied) into submission, and it was revealed that some members of state government find racism amusing, his timing couldn’t be any worse.

Comparing public schools to slavery is like comparing school nutritional guidelines to Nazism.

In an impassioned plea for the bill during the discussion, House Democratic Caucus Chairman Mike Turner (D-Old Hickory) said, “Do not let this influence your vote on the bill.”

HB2133 passed 79-15 through the House.

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Blue Collar Muse, well, muses about the latest email controversy coming out of the Tennessee General Assembly:

Will Lefty bloggers condemn this Democrat and call for his firing? Will the Media cover this on the news like they did the story of the GOP staffer? Will the Left police their own? Will this be written up and front paged at Daily Kos, Wonkette, and Think Progress? And what will the TNDP do? Will Chip Forrester lead the way and not merely call for the firing of this staffer but fire first and comment later?

Not necessary to muse any longer. In what has been described by House Democratic Caucus Chairman Mike Turner as a decision by Speaker Kent Williams, Blake P. Graves has been fired.

Between this latest kerfuffle and the disaster in Senator Dian Black’s office, it seems more than ever that we need to push to change the tone on Capitol Hill.

Perhaps the much-needed end-of-session seminar will cover not only the mechanics of policy (is that one warning or two?) but also empathy training. I’m envisioning a lot of “Walk a mile in a man’s shoes” type of stuff.

Update from Nashville21.com: “The “democrat” [pdf] in question appears to be an intern, Blake Graves, who was recently honored by a house resolution citing him as being the “best dressed intern” and recognizing his numerous accomplishments, including “dedicat[ing] his singular skills to several student and civic organizations, including the Student Activities Council, the College Republicans, and volunteering for Hands on Memphis and Volunteer Memphis”.”

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A tone has been set at the Tennessee State Capitol in which racism thrives. Nothing else can explain why a staffer in Senator Diane Black’s office thought it was OK to forward an incredible offensive email to her colleagues.

Unfortunately, this kind of thing is not unusual workplace behavior. Fortunately we, as citizens of Tennessee, have a little power over this specific workplace.

The initial reaction to the incident by some was to call for the staffer’s resignation. Others accepted Senator Black’s reprimand as appropriate. But there’s a third option.

Again, a tone has been set at the Tennessee State Capitol in which racism thrives. Senator Black and her colleagues should take this moment and use it to change the tone. They should make it a teachable moment for Legislative Plaza staffers.

We have a deep well of valuable resources in Tennessee who would, I’m sure, be more than happy to make the trek to the Hill when session is over to hold an open discussion or a workshop or a seminar. Or a week of discussions or workshops or seminars.

Distinguished Vanderbilt University Professor Rev. Jim Lawson, who helped desegregate Nashville’s lunch counters and organized the Freedom Rides, might be a good choice. Or perhaps Nashville resident Tim Wise, who lectures on the pathology of white privilege.

Please urge Senator Black to grab hold of this moment, get creative, and work with other members of the General Assembly to send the message to their staffers that racism – no matter how casual – is not OK.

More from R.Neal.

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Goins Bites Ballots

So there I was minding my own business in the LP cafeteria last March when State Election Coordinator Mark Goins plopped down in the chair besides me.

After an exchange of pleasantries, we got into a spirited discussion about HB0614, the Tennessee Voter Confidence Act (aka the paper ballot bill).

We didn’t agree on much: I don’t think there’s anything wrong with buying new optical scan voting machines certified to 2002 Election Assistance Commission standards. He thinks that would be a waste of money. I think there is no way to do a meaningful recount with the machines we use now. He thinks that pressing a button and getting the same total that you got before is a meaningful recount. I know that conducting an election with paper ballots is cheaper than conducting an election with paperless electronic voting machines. He disagrees.

But we do agree, according to him, on the importance of paper ballots. “I’m on the side of paper ballots,” he said.

That’s why, he continued, he’s conducting an all paper ballot election in Roane County on June 2 and inviting 12 new Election Administrators in the area to monitor and “learn from it.”

“I’m a friend of paper ballots,” he said again, “But when you push your friends too far, sometimes they bite back.”

And, he added, “I’m this close to biting back.”

This afternoon (or maybe tomorrow…or the next day…) on the floor of the House we will see the size of the chomp Coordinator Goins will take out of paper ballots – and Tennessee’s secure and verifiable elections.

It’s been nice to know, all this time, that his decision on whether to allow implementation of the Tennessee Voter Confidence Act to go ahead for the 2010 election was based solely on what’s best for the voters of Tennessee and not on how much push-back he received from people who disagree with him.

UPDATED 6/25/09: In response to Jeff Wood’s fantastic post (“What Kind of Buffoons are Running the Secretary of State’s Office Now“) on the misuse of power in the Secretary of State’s office, I must clarify one thing…during my discussion with Mr. Goins I never felt personally threatened. If I had, I would have pulled a Hargett and gotten the TBI involved.

That said, Mr. Goins did indeed threaten the implementation of the law (Tennessee Voter Confidence Act) that would bring paper ballots – and secure and viable elections – to Tennessee.

As I wrote originally, it was nice to finally find out definitively that his decision on whether to allow implementation of the paper ballot bill for the 2010 election was based solely on how much push-back he received from people who disagreed with him rather than what was best for the voters of Tennessee.

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Kudos to Senator Diane Black (R-Gallatin) for agreeing to appear on CNN this afternoon. Opposite kudos for the weasel words that managed to escape from her gob.

In two minutes she managed to completely absolve herself of any responsibility for the actions of her staffer (who sent out a patently racist email), the weak punishment she handed out, and the email itself.

The email “does absolutely not reflect my opinions or my beliefs,” she said. Human resources told her that a “reprimand” was the action that was necessary when “email policy” is broken by a staffer,” she said. The email itself was “inappropriate,” she said (about a gazillion times).

Let’s hope the email doesn’t reflect her beliefs, but if she understood why people are so upset then she might consult, but wouldn’t necessarily rely on, the “policy” of the human resources department to inform her actions. And “inappropriate?” “Inappropriate” is what my two tween nieces shouldn’t watch on TV, like “Desperate Housewives” or **insert name of MTV reality show here**. “Inappropriate” is not proper or suitable. “Inappropriate” is Sen. Diane Black not knowing the difference between “inappropriate” and “demeaning racist behavior.”

And “inappropriate” is Sen. Black not “getting” why her staffer should be fired.

Kris Murphy, Communications Director for Tennessee Citizen Action, clues her in, “Senator Black has African-American constituents who help pay her salary. Will those constituents still feel comfortable calling the Senator’s office now that they know who might be on the other end of the phone?”

Lieutenant Governor of Tennessee, Speaker of the Tennessee State Senate, and gubernatorial fund raiser candidate Ron Ramsey (R-Blountville) says a “strong letter of reprimand” was the proper action to take. When the House session ends we should ask Speaker Kent Williams what he would have done if this had happened in the House.

In the meantime, let’s recap today’s events on the hill: 1) Senate Republicans dishonor two of the state’s Nobel Prize winners, 2) Lt. Governor Ramsey crashes a pre-k press conference (h/t A Kleinheider Joint), 3) and Senator Black goes on CNN and makes it all about her.

No wonder God almost sent us a tornado.

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TNDP Chairman Chip Forrester just got off the phone with CNN after they contacted him for his comments regarding the controversy swirling around Senator Diane Black’s office. He’s not sure when they will air but my guess is during the same 1:30 CT segment that will feature Senator Black.

Chip’s point: Like Chip Saltzman sending out the abhorrent “Barack the Magic Negro” song to his friends as a holiday “gift,” Black’s staffer Sherri Goforth “mistake” in sending out such a blatantly racist email makes the rest of us here look terrible.

He’s sure, as I am, that the majority of Republicans in the state are just as appalled as we are.

Stay tuned.

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Summary: Our guests include Tennessee District 51 Representative Mike Turner and Assistant Secretary of the Office of Communications and Outreach at the US. Department of Education Peter Cunningham.

Part 1 – Welcome Back! Intro, news items, and announcing the Bill Maher ticket listener giveaway. Updates on the Iranian presidential election and Ahmadinejad, as well as a quick opening discussion about voting and the paper ballot issue. [23.25MB download MP3]

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Part 2 – Interview with Rep. Mike Turner We are joined by Tennessee House Democratic Caucus chair, Mike Turner (D-Old Hickory, the Fightin’ 51st!). Hear the interview that has the whole town talking about *gasp* public education reform! Just what did Chairman Turner mean when he said, “We do have a problem with public schools. They were not performing adequately. The problem that we created was because of the political correctness we did in the Sixties. We started busing and closing neighborhood schools.” And did he really “accuse Senate Republicans of killing babies with their budget cuts?” [38MB download MP3]

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Part 3- Interview with Peter Cunningham Cunningham talks about President Obama’s education goals for the country as well as the ways in which they plan to accomplish them. He addresses the pro’s and con’s of No Child Left Behind and the case for charter schools. [40.26MB download MP3]

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Part 4- The Hate that Hate Produced We give away two tickets to the Bill Maher show at The Ryman Auditorium June 27th. Then a discussion with our listeners about the extent of the influence of the Mass Media – if Rush can turn out people to the polls, why can’t he motivate the haters? [51.48MB download MP3]

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After being the featured speaker at this weekend’s Peace Festival in Centennial Park, Cindy Sheehan will be at Ellendale’s Restaurant today from 1 until 3 PM for a meet and greet to help offset her travel costs. Ellendale’s is located at 2739 Old Elm Hill Pike.

The cost is $25 and includes a lunch buffet.

If making out a check, please make out to: Nashville Peace and Justice Center and write “NPJC Peace Lunch” in the “Memo” line. Additional contributions can be sent to Nashville Peace and Justice Center, c/o Jerry Harder, Treasurer, 4732 West Longdale Drive, Nashville TN, 37211.

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