Senator Ketron On a Hot Tin Roof

Sen. Bill Ketron (R-Murfreesboro) spoke on the floor of the Senate floor on Tuesday in support of SB0872 (HB0614), the bill he sponsored to delay the Tennessee Voter Confidence Act. Based on a press release sent out today by the very Election Assistance Commission (EAC) he spoke of, he was fed some very incorrect information.



1) “Currently, no optical scan machine has been certified to the 2005 Voluntary Voting Systems Guidelines.”

According to a press release sent out today by the EAC, there are now three optical-scan voting systems that are certified to 2005 standards.

2) “Which the bill we passed in ‘02 [It was actually passed in '08 - ed.] requires.”

A Davidson County Chancellor ruled without exception that the TVCA does NOT require voting machines federally certified to 2005 standards. Machines certified to 2002 not only meet the requirements of the TVCA but are available in abundance. Also available in abundance, federal dollars that can be used by the state ONLY to pay for for these machines and other election-related materials.

3) “Unfortunately, they [EAC] inform us, only one machine may be certified in time for this election cycle coming up in November 2010.”

Hello, today’s press release from the EAC.

The U.S. Election Assistance Commission (EAC) today certified the OpenElect 1.0 voting system by Unisyn Voting Solutions, an optical-scan device with central count and precinct-level count equipment, to the 2005 Voluntary Voting System Guidelines. It is the fourth voting system to achieve federal certification under the EAC Voting System Testing and Certification Program.

EAC certified its first voting system, a direct recording electronic (DRE) device called the MicroVote EMS 4.0, early last year. Last summer it certified the ES&S Unity 3.2.0.0 optical-scan system and the Premier Assure 1.2 with optical-scan and DRE technology.

If I were one of the 60 county election administrators that were in the Senate chamber yesterday to support Senator Ketron’s delay bill, I would feel cheated. Ditto for the other Senators who voted for his bill, many of whom told their constituents that they would vote for the delay bill precisely because there were no certified machines available.

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Roll Call Senate TVCAConsidering what we heard Senator Bill Ketron (R-Murfreesboro) say on the floor of the Senate yesterday and what was written in the many examples of emails that I received that were written by Senators to their constituents – that there are NO machines available for purchase to the 2005 Voluntary Voting System Guidelines* and that’s why we have to delay implementation of the Tennessee Voter Confidence Act – this is very interesting and enlightening news coming straight outta the Election Assistance Commission today:

The U.S. Election Assistance Commission (EAC) today certified the OpenElect 1.0 voting system by Unisyn Voting Solutions, an optical-scan device with central count and precinct-level count equipment, to the 2005 Voluntary Voting System Guidelines. It is the fourth voting system to achieve federal certification under the EAC Voting System Testing and Certification Program.

An EAC certification means that a voting system has met the requirements of the federal guidelines by passing a series of comprehensive tests conducted by a federally-accredited test laboratory. Manufacturers of certified systems must also meet technical and ethical standards that ensure the integrity of the process and the system as it goes from the test lab to production and into the marketplace.

EAC certified its first voting system, a direct recording electronic (DRE) device called the MicroVote EMS 4.0, early last year. Last summer it certified the ES&S Unity 3.2.0.0 optical-scan system and the Premier Assure 1.2 with optical-scan and DRE technology.

So the question now becomes, who was releasing misinformation to our State Representatives and today’s latest certification the reason why the delay bill was rammed through so quickly?

*Not that the machines we purchased had to be certified to the 2005 standards. A Davidson County Chancellor ruled without exception that, contrary to what Secretary of State Tre Hargett had been saying for well over a year, the TVCA does NOT require voting machines federally certified to 2005 standards. Machines certified to 2002 not only meet the requirements of the TVCA but are available in abundance. Also available in abundance, federal dollars that can be used by the state ONLY to pay for for these machines and other election-related materials. Just sayin’.

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From Colby Sledge, brand spanking-new communications director for the Senate Democratic Caucus:

Tennessee Senate Democrats fought Republican legislation Tuesday that will delay secure elections and burden local governments.

Senate Republicans voted lockstep to pass legislation delaying the implementation of the Tennessee Voter Confidence Act until the 2012 elections. Under prior law, more secure voting machines and ballot procedures were to be used in the 2010 elections.

Tennessee currently uses the most insecure voting machines available, as determined by a New York University study.

“Citizens should know that when they go to vote, their vote is going to count,” said Sen. Roy Herron, D-Dresden. “There have been too many cases of fraud and computer problems with our current system.

“Today, we took a huge step backward.”

Herron introduced an amendment to the bill that would have helped counties purchase secure voting machines. The costs would have been covered by federal funds already set aside for improving ballot security and voter confidence under the Help America Vote Act, signed into law by President George W. Bush in 2002.

The amendment to help local taxpayers and voters was tabled 18-12 by Senate Republicans on a party-line vote.

“We tried to protect the taxpayer by taking the burden off counties, but Republicans voted it down,” said Sen. Eric Stewart, D-Belvidere.

The requirements will now go into effect for the 2012 elections, when, as the law is currently written, county governments will have to foot any costs not covered by the designated federal funds.

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Fair ElectionsAnd it’s only the first day!

Jeff Woods covers the start of the new legislative session in his usual no-nonsense style:

Tennessee Senate Republicans kicked off the new session in a partisan way today, ramming through legislation to postpone an obvious good-government election reform that once enjoyed broad support from both political parties.

Republicans beat back a slew of Democratic amendments, and the Senate voted 22-10 to delay implementation of the Tennessee Voter Confidence Act until the 2012 elections…

The amount of misinformation being touted as fact on the floor of the Senate by proponents of the delay bill was mind boggling, like Senators had fingers in their ears going “la-la-la-i’m-not-listening” for the last 6 months.

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The bill to delay the Tennessee Voter Confidence Act passes (mostly along party lines) in the Senate, 22-10. It now goes to the Governor for his signature. Here’s the roll call:

TVCA Roll Call

All Republican Senators, except Sen. Tim Burchett (R-Knoxville), voted to delay implementation of the TVCA along with three four Democratic Senators, Sens. Charlotte Burks (D-Monterey)Thelma Harper (D-Nashville), Doug Jackson (D-Dickson), and Reginald Tate (D-Memphis).

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Gary CooperToday at noon the State Senate will vote on HB0614, the bill to delay implementation of the TN Voter Confidence Act (TVCA) until 2012. You can watch the proceedings online at the Capitol website.

Here’s what’s wrong with the arguments you will hear for the delay:

1) There are no machines (or, alternatively, only one machine) that can be purchased that will meet the standards set forth by the TVCA.

A Davidson County Chancellor ruled without exception that, contrary to what Secretary of State Tre Hargett had been saying for well over a year, the TVCA does NOT require voting machines federally certified to 2005 standards. Machines certified to 2002 not only meet the requirements of the TVCA but are available in abundance. Also available in abundance, federal dollars that can be used by the state ONLY to pay for for these machines and other election-related materials.

The court’s ruling, which also said that the TVCA could and should have been implemented all along, came in October and yet, here we are today with no real progress and plenty of excuses.

Word on the street is that legislators are being told that there is only one machine out there that can meet the TVCA standards. Not true. And upgrading machines from 2002 standard to 2005 can be done quickly and easily with nothing more than a simple software “patch.”

2) Implementing the TVCA will an expense too costly for counties to bear.

Cost arguments – printing and storing ballots is expensive – are based on inflated cost estimates from the counties. Look no further than Hamilton and Pickett counties who have been using paper ballots and an optical scan counting system for years at a very manageable cost.

Last year, a spreadsheet detailing the “high” estimated costs for conducting a paper ballot election in Sumner County made the rounds. But another spreadsheet from the Secretary of State’s office shows enormous differences (pdf) in estimates for things like printing costs and ballot storage from other Tennessee counties.

For instance, the storage of ballots in Sumner County would cost $7,152.00. But Houston County estimates it would cost $50.00 and Cocke County estimates $203.00. Campbell County estimates that it would cost $70,000.

As of today, there has been no explanation for the disparity in the numbers. And while they contend that it would be more expensive to change to a system of paper ballots, studies in North Carolina, Maryland and Florida have shown that voting with paper ballots (counted by optical scan machines) is 30-40% less expensive than voting on paperless electronic voting machines like the ones we use now in Tennessee.

Two years AFTER the TVCA was passed almost unanimously in both the House and Senate, there are still no sufficient reasons to delay implementation in time for the November 2010 election.

Please, Tennessee Senators, vote against HB0614 and any delay of the TVCA today. Our fair and accurate elections depend on it.

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