All Tennesseans believe we deserve fair and accurate elections. This belief unites us as Tennesseans like no other. Heck, I’d even go as far as to say it united us as Americans.

So when I read yesterday that Secretary of State Tre Hargett was going to move forward with purchasing the optical scan machines needed to count the paper ballots that the Tennessee Voter Confidence Act (TVCA) of 2008 mandates we use in November 2010, I was overcome with comfort and joy.

You see, those of use who have been urging implementation of the TVCA were elated when last month the protracted battle over implementation of the TVCA was put to rest and the Act, which was overwhelmingly supported by the people of Tennessee through their legislature, was now also fully validated by the courts.

It seemed, we believed, that Tennesseans were finally going to get the fair and accurate elections we deserve.

But then I read Jackson Baker’s Memphis Flyer article a little more closely and I realized, uh-oh, what we’re actually going to get is some post-holiday coal in our little red bootie stockings thingies.

FAIR AND ACCURATE. “I think we’ve got a 2005-quality machine,” Secretary of State Hargett said in a meeting in Memphis earlier this week, inferring that an optical scan machine made in any other year would be inadequate.

I’d like to clear up a few inaccuracies that Mr. Hargett’s chock-full one sentence statement infers.

First, the TVCA was passed to give us paper ballots, not voting machines. The paper ballots would not only record the voter’s intent but would also become the ballot of record in the case of a close election. In other words, the strength of the bill is in the paper ballot and not the machine that count the ballots. I mean, be good for goodness sake!, we could hand count the paper ballots in case of emergency and skip the machine counting process completely. Paper ballots are to optical scan machines as portable hard drives are to your computer.

To put it more simply, paper ballots give Tennesseans control over the results of our elections by giving us the ability to oversee, recount, and audit. In other words, trust but verify.

Mr. Baker followed up Mr. Hargett’s statement with an editorial comment, rife with inaccuracies: “‘I think we’ve got a 2005-quality machine,’ Hargett said in Memphis Tuesday night. Meaning that an optical-scan voting apparatus with paper-trail capability would soon be available in enough quantity to conduct statewide elections in 2010.”

The paper ballot – and the voters intent – gets counted by the optical scan machine. Or counted by hand if necessary. The optical scan machine does not produce a paper trail nor does it give the voter a receipt.

Again, the TVCA puts the emphasis on the paper ballot – not on the machines that count them – because Tennesseans prefer paper ballots that produce something tangible that they can oversee, recount, and audit. This is a much better system than the paperless electronic touch-screen voting machines we currently use that count votes using software that no one is allowed to see or monitor.

BI-PARTISAN. Accurate elections are the responsibility of the people of Tennessee, and the people of Tennessee want paper ballots. That’s why the TVCA was passed almost unanimously (when the hell does that ever happen?) in the General Assembly in 2008 – that means that 56 out of a possible 60 Republicans and 68 out of a possible 68 Democrats voted for the TVCA.

It truly was a bi-partisan effort.

The bill to delay the TVCA that Mr. Hargett mentions in the article is a divisive issue to be sure, and will most likely be brought to the Senate floor for a vote by Lt. Governor Ron Ramsey by January of 2010. This bill not only delays until 2012 the date the Act must be implemented, but also guts the mandatory audit procedures.

The audit procedures that would alert us to any problem with the vote count.

Again, Tennesseans want and deserve fair and accurate elections, but how can we make sure our elections are fair and accurate unless we are able to randomly audit the results?

FISCALLY RESPONSIBLE “The real question is if there are other costs required of the counties. We can purchase the machines, but that’s all we can do,” Mr. Hargett said, admitting that the state has approximately $34 million federal dollars available that can only be used by the state to purchase election equipment.”

In these uncertain economic times, all Tennesseans are focused on fiscal responsibility. But if our concern is saving money, the best thing we can do is implement the Tennessee Voter Confidence Act.

For example, with the TVCA only one Optical Scan machines is needed per precinct instead of the multiple machines needed with the paperless electronic touch screen voting system we use now.

And because we eliminate up to 80% of existing equipment when we move to paper ballots counted by optical scan machines, counties will save the money they now spend to program, service, test, store and transport so many unnecessary paperless electronic touch-screen machines.

In fact, studies in Florida, Maryland, and North Carolina have confirmed that voting with paper ballots counted by optical scan machines is 30-40% cheaper than voting the way we do now because of the reduction in programming, software, maintenance, storage and transportation costs.

We’re all hyper-aware that local budgets are strained and that necessary services run the risk of being cut. But fair and accurate elections are the most necessary of all our public structures. They are what gives life to all the others.

Look at it this way, your vote is your voice. And if your vote doesn’t get counted for the candidate who will vote with you on the issue or issues most important to you, then your participation in our democracy is an illusion.

All Tennesseans believe we deserve fair and accurate elections. The Tennessee Voter Confidence, aptly named, gives them to us.

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Below is a list of voter suppression tactics used by those in power to suppress voter turnout. There are two reasons why it is important to pay attention to voter suppression tactics now even though we do not have a statewide election until next year:

1) Some of these tactics are being used in Tennessee right now in anticipation of the statewide election next November.

2) Traditionally, Democrats do better when turnout is high. Republicans know it. Huckabee even called it “the Lord’s work.”

Frankly, the reality is that the Tennessee GOP is systematically looking for ways to prevent certain voters from casting a ballot next year. They started during last session with a plan to delay auditable and recountable paper ballots (Tennessee Voter Confidence Act or TVCA) and introduce photo ID laws. And last week Secretary of State Tre Hargett and GOP gubernatorial candidate Ron Ramsey tipped their hand for what’s next, in addition to continuing to push for the delay of the TVCA, on their voter suppression agenda.

Voter Suppression Tactics

Want more? Google “voter suppression,” “caging,” and “voter roll purging.” It’s ugly out there and it’s about to get ugly in Tennessee.

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Why Al Franken Won

Al Franken won his Senate seat in Minnesota because every vote was counted.

Wait. Scratch that.

Al Franken won his Senate in Minnesota because every vote could be counted.

You see, Minnesotans get to vote on something called “paper ballots.” And these “paper ballots” can be recounted when there is a close election. Crazy, I know. For those of us in Tennessee who can only vote on electronic black boxes with secret vote counting (flipping?) software, the Franken victory seems mythic.

Election Integrity journalist and BradBlog.com writer/producer Brad Friedman explains:

Although the victory was sealed today, the Republican claims of “voter fraud” became impossible to support long ago, because hand-marked paper ballots – nearly three million of them – as cast by the voters in the squeaker of an election, were actually being counted, in full view of the media and any interested citizen alike. To a ballot, they were all accounted for, and any disagreement about voter intent on those ballots was adjudicated in an open process by a bipartisan state canvassing board. All but a handful of those votes were determined unanimously by the board to have been cast either for Franken, for Coleman, for a third party candidate or for nobody at all.

The only question remaining after the weeks-long, painstaking, public hand-count was whether a number of uncounted absentee ballots, rejected as per the state’s strict standards for counting, should, in fact, be counted.

Minnesotans and their damn-near perfect elections are the envy of Election Integrity activists everywhere. What with their “paper ballots,” audits, a mandated automatic hand-counted recount of the “paper ballots” if an election is close, an open counting process, citizen vigilance over the ballot chain of custody, etc. etc..

What’s a Tennessean gotta do to get some secure and verifiable elections? Learn to ice fish?

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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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If State Election Coordinator Mark Goins wants us to believe that he doesn’t have the time to implement the Tennessee Voter Confidence Act by the 2010 election, but that he really really really wants to implement it by 2012 – which would mean supplying paper ballots and buying the optical scan machines to read them – then why does the amendment [pdf] he offered today change this:

2-20-101. Purchase or lease of voting system. — [Effective January 1, 2009.]

(a) Notwithstanding any other state law to the contrary and consistent with federal law, after January 1, 2009, any voting system purchased or leased shall be a system using precinct-based optical scanners.

To this:

AMEND Senate Bill No. 872 House Bill No. 614* by deleting all language after the enacting clause and by substituting instead the following:

SECTION 2. Tennessee Code Annotated, Section 2-20-101(a), is amended by deleting the language “January 1, 2009″ and substituting instead the language “November 1, 2012″.

Seriously. I’d like to know how we will be able to vote on paper ballots in November 2012 and have them counted on machines that we wouldn’t be required to purchase until AFTER November 2012?

Perhaps my dream of hand-counted paper ballot elections is closer than I think.

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