Odom, Herron Ask Hargett Nicely to Implement the Law or Get Out of the Way

On July 15, 2009, in Liberate Your Radio from The Right, by Mary Mancini

May we please have paper ballots?

May we please have paper ballots?

Last week, TNDP Chair Chip Forrester called for the General Assembly to fire Secretary of State Tre Hargett if he can’t manage to implement the law (Voter Confidence Act) that would give the voters of Tennessee secure and verifiable elections.

A few days prior, Democratic House Leader Gary Odom and Senator Roy Herron led a press conference asking for the Mr. Hargett to begin implementing the law.

Leader Odom:

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Senator Herron:

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More from Leader Odom:

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Nina Cardona of WPLN reported on it:

The law calls for the entire state to switch to a system of paper ballots that are counted by optical scan machines. It specifies that the scanners be certified by the state according to “the applicable…guidelines.”

Both sides agree that no machines on the market meet the most recent set of federal standards, issued in 2005. For that reason, Secretary of State Tre Hargett says the state cannot yet certify any optical scan machines.

But at a press conference today, House Democratic Leader Gary Odom says that’s a waiting game that could be dragged out indefinitely. He contends that by the time machines meet the 2005 standards, another set of guidelines will be in place.

Mr. Hargett came back with a false argument (why settle for “less than the best” equipment out of haste?) and a questionable legal opinion.

There is only one reason why Mr. Hargett will not implement the Voter Confidence Act – he doesn’t want to implement the Voter Confidence Act.

Remember, the 2005 standards in which Mr. Hargett is placing all his opposition eggs are “voluntary” standards. In other words, it’s up to us, the state of Tennessee – in all our states rights glory – to decide whether or not to use the 2005 standards when purchasing equipment.

More simply, the EAC guidelines say that we can use the 2005 standards or not use the 2005 standards so by making the decision ourselves, we are following the EAC guidelines.

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Odom Knows and Professor Agrees: Our Voting Machines are Scary

On July 15, 2009, in Liberate Your Radio from The Right, by Mary Mancini

A recent study by Mark Lindeman, an assistant professor of political science at Bard College in New York, shows that optically scanned paper ballots were better at registering the intent of the voters than touch screen voting machines.

In the study, Prof. Lindeman found that in the 67 North Carolina counties where the voting method is optically scanned paper ballots (what Tennesseans are not using now), 0.78% of ballots failed to register a vote for President last November. The 24 counties where touch screens (what Tennesseans are using now) were the principal method of voting saw 1.36% of ballots fail to register a vote for President, a difference of over 7000 votes in the 2008 election. His findings are consistent with a previous study of the Brennan Center for Justice that showed precinct-based optical scanners had the lowest residual vote rate of any type of technology in the 2004 Presidential election.

This latest study makes the argument on the last day of session by Tennessee House Minority Leader Gary Odom to keep the Tennessee Voter Confidence Act – and paper ballots counted by optical scan machines – intact and on track for implementation for the November 2010 election even more relevant.

Although Leader Odom’s plea fell on deaf ears and the House voted in a ridiculously large number (73-20) to delay our paper ballots, he demonstrated a firm grasp of the issue and made many salient points.

One that is of particular importance since the delay bill failed in the Senate and the State Election Coordinator is now legally obligated to implement paper ballots by the 2010 election, is that there is virtually no difference between the 2002 standards and the 2005 standards applied to the optical scan machines the state is required to purchase.

Leader Odom: “…I guarantee you, in 2011, we’re going to come back here, and this is going to be delayed again – or repealed – because there’s not going to be a machine that meets the 2005 standards. And in my discussions – and I’ve talked frequently with the Election Assistance Commission personnel, they’re telling me the standards differ very little in the technology between the 2002 scanner and the 2005…”

So while the State Election Coordinator is saying that he can’t comply with the law because the law says that he must purchase machines that are certified to 2005 standards, I say that according to the EAC, the 2005 standards ARE the 2002 standards and that no machines certified to the 2002 standards have been “de-certified.”

I also say, take a look at the studies like Prof. Bards’s which illustrate that the machines we use now to vote on are crappy machines.

And finally, while most people discussing this issue put the emphasis on the machines that count the paper ballots, I say, put the emphasis on the paper ballots themselves because the paper ballots are what will give Tennesseans secure and verifiable elections.

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If You Think You May Need a Recount in Your Next Election, Better Run in Kentucky

On June 18, 2009, in Liberate Your Radio from The Right, by Mary Mancini

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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Stories from TNEP’s Advancing Equality Day on the Hill Starring Black, Stanley, Mumpower, DeBerry, Hawk, and Nicely

On February 17, 2009, in Liberate Your Radio from The Right, by Mary Mancini

Members of the Tennessee Equality Project and their supporters tried to advance equality on the Hill today by meeting with their elected representatives: Senator Diane Black (R-18, Robertson and part of Sumner Counties), Senator Paul Stanley (R-31, Part of Shelby County), Rep. Jason Mumpower (R-3, Johnson and part of Sullivan Counties), Rep. John DeBerry (D-90, Part of Shelby County), Rep. David Hawk (R-5, Unicoi and part of Greene Counties), Rep. Frank Nicely (R-17, Part of Jefferson and Knox Counties), and Rep. Stacey Campfield (R-18, Part of Knox County)

Most of the legislators actively listened. Some tried a little artful dodging. Below is audio from conversations I had with some of the participants.

Rep. John DeBerry and Senator Paul Stanley (Memphis)

Four men from Memphis met with Rep. John DeBerry and Senator Paul Stanley, and received two very different receptions. Two of the four are a committed couple who are currently trying to adopt in Tennessee. They describe the process. Link to the mp3 (2:30)

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Republican House Leader Rep. Jason Mumpower (Bristol)

Joseph Rymer, from Bristol, is the Tri-Cities committee chair of the TNEP. He met with Jason Mumpower who told him he was interested in finding “middle-ground” and “working towards inclusion of all people.” Link to mp3 (2:00)

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Rep. David Hawk (Greeneville)

Mr. Rymer, who had an ambitious agenda of meeting with a total of 9 legislators in one day, also spoke with Rep. Hawk – a man seemingly torn between his personally beliefs and political expediency. He also let me know what it’s like to live as an openly gay man in a very conservative area. Hint: It’s exhausting to live in fear until you make it to one of your safety zones. Link to mp3 (1:40)

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Senator Diane Black (Gallatin)

Part 1 – One of the more dramatic series of events was the cancellation of the Sumner County delegation’s meeting with Senator Diane Black. The day before, Senator Black made a personal phone call to Anne Miller, who had set up the meeting, to explain why meeting would be a waste of time. Link to mp3 (1:25)

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Part 2 – Senator Black then confirmed to another of her constituents, Susan Brown of Springfield, that if she disagrees with you, she sees no value in meeting. Interestingly, however, during their short conversation, Senator Black indicated that she would support the bill to allow gender changes on birth certificates. Link to mp3 (1:07)

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Part 3 – The meeting with Senator Black was set for 2:00 PM, and even though it had been canceled the night before, Anne, Tara, Susan, and Maria Brewer decided to go to her office at the appointed time to see if they could get in to see her. Senator Black – luckily or unluckily depending on your perspective – came out of her office just as the women arrived and, caught by surprise, agreed to give the group five minutes. Maria recaps. Link to mp3 (1:53)

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Rep. Frank Nicely (Knoxville)

Brad Coulter and his family drove from Knoxville to meet with their representative and were stood up. So they decided to wait outside a committee room to see if they could grab a few minutes of Rep. Nicely’s time. For Brad, the TNEP’s Advancing Equality Day on the Hill was very personal – his sister is gay and had to move with her partner and baby son to another state so her partner could become a legal parent to the child. As Brad puts it, it’s a shame that Tennessee had to lose two valuable members of the community because they didn’t feel welcome. Link to mp3 (1:51)

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Brad later called to tell me – excitedly – that he and his family had met with Rep. Nicely and he was receptive and cordial.

Rep. Stacey Campfield (Knoxville)
Rep. Campfield was a no-show for his appointment. Then he rescheduled and missed that meeting too.

The most disturbing part of the day – other than not being able to hear the stories of each of today’s civil rights citizen lobbyists (I heard there were productive meetings with Senator Joe Haynes, Rep. Gary Odom, Rep. Mike Turner, and others) – was Senator Black’s insistence that there was no need to meet with her constituents because she didn’t agree with them. I guess just like George W. Bush in 2004, she has one accountability moment every 6 years.

UPDATE: Chris Sanders, president of the Tennessee Equality Project recaps the day on his blog, Grand Divisions, and Jeff Woods at the Scene weighs in.

UPDATE II: Jeff Woods at the Nashville Scene’s Pith in the Wind does some seriously good editorializing on why Senator Black’s actions were inexcusable: “With a series of audio reports on the Liberadio(!) website, Mary Mancini paints a picture of democracy in action–Tennessee style. Any oily lobbyist with a checkbook can waltz into any legislative office at any time of the day or night and receive a full hearing. But when gays and lesbians and their supporters tried to lobby the legislature yesterday like any other citizens of this great land, their elected representatives often were less than alert and receptive listeners.”

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Tennessee’s own Rashomon

On January 13, 2009, in Liberate Your Radio from The Right, by Mary Mancini

There are always more than two sides to every story.

WSMV’s Cara Kumari is reporting that newly elected Speaker of the House Rep. Kent Williams (R, the Fightin’ 4th!) says he approached the Democrats about becoming speaker, “simply because he wanted to be speaker.”

The Scene’s Jeff Woods writes that House Democratic leader Gary Odom (D, the Fightin’ 55th!) traveled to Elizabethton to see Williams and “Out of the blue, Odom asked Williams how he’d like to be the speaker of the House.”

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With Titular Heads Like This, Who Needs Enemies?

On November 20, 2008, in Liberate Your Radio from The Right, by Mary Mancini

If Governor Bredesen had welcomed Barack Obama to Tennessee during his campaign he might have learned something about fostering party unity with grace and quiet leadership. Hell, he could have learned that from Republican Jason Mumpower much more recently.

Instead, the titular head of the Tennessee Democratic Party decided, with his latest statement funneled through spokesperson Lydia Lenker, to ignore the old axiom “When you find yourself in a hole, stop digging” and make public his “trust issues” with current House Majority Leader Gary Odom.

“Unfortunately, there have been some trust issues with Rep. Odom,” Bredesen spokeswoman Lydia Lenker told The Associated Press in an e-mail exchange late Wednesday. She did not elaborate on what those issues have been.

“We’re actively exploring options other than Rep. Odom to carry the administration’s legislative package,” she wrote.

Has the Governor’s relationship with the Democratic caucus deteriorated so badly that he has to communicate his leadership preference through the press? Or is his intended purpose to embarrass Rep. Odom?

Regardless, during the past year our Governor “suggested” the Democratic nominee for President not visit the state, all but disappeared from the stump when the State party needed his 95-county-winning-ways the most, and made public a long-standing political feud within his own party.

Perhaps now would be a good time for him to take a play from the Obama book and put an end to the petty bickering. Yes, he has a state to run and a budget to balance and he may not always get the cooperation of his fellow Democrats on the hill, but the people (remember them?) who make up the Democratic Party of Tennessee – those who foresee two hellish years of fighting the last gasp of this country’s culture war – are aching for leadership.

Despite what he and many others may want to believe, the United States is not a “center-right” nation. No political candidate needs to wallow at Walmart for votes. Nor are we “center-left.” In the words of WaPo’s E.J. Dionne, we are a “fundamentally non-ideological nation” because “Many who would like the government to act more boldly still need to be persuaded of government’s capacity to succeed.” So use the skills of your able-bodied spokesperson for good and not evil, Governor, and help develop a message that will define Democratic ideas and persuade of the capacity to lead and succeed. Then choose the right language with which to present the message and build an infrastructure to communicate it.

And what is the Democratic/Progressive message? It’s simple, really. Smart and efficient government. Freedom, equality and security for all. Responsibility to ourselves and to others.

UPDATE: Senator Andy Berke is on it: “So I find nothing wrong with our party that can’t be solved by talking to voters about Democratic accomplishments, Democratic commitments and Democratic values.”

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