I Want a Recount!

“Tennessee’s Elections are Screwed” Friday continues with a trip in the way back machine.

It’s the year 2000, and Microvote, the company that provides paperless electronic voting machines to more than 45 counties in Tennessee, describes the miracle that is their products’ recount feature:

Counting the ballots is as simple as pulling the memory cartridge out of the unit (it’s a smart card in the new Infinity) and inserting it into a reader hooked up to the PC handling the vote tally. Recounting can be just as simple; MicroVote maintains that the Florida recounts that dragged on for days could be done in a morning on a MicroVote system.

What’s most important about the recounts: “We’ve had many recounts up here in Lake County, but nothing where the machine vote ever changed,” Fajman says [Michelle Fajman, supervisor of elections in Lake County]. Unlike the much-maligned punch-card ballots used in much of Florida (and a fair amount of Indiana), MicroVote’s machines have no use for “chad,” the little ballot tidbits that caused such a stink in November. And they don’t allow “overvoting,” picking more than one candidate.

That’s right! The recount from the machine never changes. And lady, let me tell ya, that’s not a good thing considering we have no idea if the voter’s intent was correctly recorded by the machines’s software in the first place. And if the voters intent was not recorded correctly – either because of malicious software or poorly calibrated machines or a mistake in the code – we will never know because we can’t see inside the machines to check.

The Tennessee Voter Confidence Act (the paper ballot bill), which was passed almost unanimously in 2008 by both the House and Senate and which Tennessee Republicans are looking to now repeal, would allow us to vote on paper ballots thereby capturing the actual intent of the voter. Optical scan machines would then count the paper ballots. In case of a recount, the paper ballot would become the ballot of record and it would be recounted (and yeah, you might actually get a different total when recounted – but it would be a more accurate total!).

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“Tennessee Elections are in Trouble” Friday continues with Mark Goins, Tennessee’s Election Coordinator, who says he is comfortable with the paperless electronic voting machines Tennesseans use to vote in 93 out of 95 counties.

He’s so comfortable with these machines, in fact, that he is spearheading the push to delay the Tennessee Voter Confidence Act – also known as the paper ballot bill that was passed almost unanimously in the Tennessee General Assembly in 2008 – until 2012.

Coordinator Goins: I don’t think the DREs [paperless electronic voting machines]…I’m comfortable with the machines we have. Obviously, you aren’t.

Which means…

  • Tennessee State Election Coordinator Mark Goins doesn’t care that a 2006 report by the National Institute of Standards and Technology, one of the government’s premier research centers, condemned paperless electronic voting machines because they they are not secure and don’t “allow election officials to recount ballots independently from a voting machine’s software.”
  • He doesn’t care that the same report stated that “a single programmer could ‘rig’ a major election.”
  • He doesn’t see anything wrong that in a close election his office would not be able to perform a meaningful recount.
  • He doesn’t see anything wrong with machines programmed with secret proprietary vote counting software that he is unable to study, which therefore violates the “vote in private, count in public” axiom.
  • He doesn’t care that paperless electronic voting machines totals can be manipulated in the source code or by introducing a virus in one of the unsecure data ports.
  • He doesn’t care that when a paperless electronic voting machines crashes or malfunctions, as computers are prone to do, votes can be irretrievably lost.
  • He doesn’t have a problem with paperless electronic voting machines malfuntioning by flipping votes from one candidate to another (the machines used in the West Virginia counties where flipping occurred are the same ones used in Davidson County).
  • He doesn’t care that its actually cheaper for Tennessee counties to run an paper ballot election than it is to run a paperless electronic voting machines elections.
  • He doesn’t care that when a Tennessean votes on a paperless electronic voting machines there is no guarantee that their vote will be counted, let alone counted as cast.

Mark Goins, the man in charge of Tennessee’s elections does not care about the integrity of Tennessee’s elections.

Also, just as an FYI after you watch the video, Coordinator Goins’ assertion that buying optical scan machines to count paper ballots would be a waste of money because they would be obsolete is false. 49 States currently use optical scan machines certified to 2002 standards, including Tennessee (in Pickett and Hamilton counties).

(The man in the video who slaps his head in disbelief is Gathering to Save Our Democracy’s Bernis Ellis, who is an expert on voting technology and has been working tirelessly for 5 years to pass the Tennessee Voter Confidence Act and bring secure and verifiable elections to Tennessee.)

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Yeah, yeah. Friday is supposed to all about the “feel good.” And believe me, I’ll be posting some gems from the Cute Overload as the day progresses. They’ll be sort of like a palate cleanser between courses.

But first, let’s look at a press release by the Tennessee Republican Party celebrating the Republican takeover of the state election commission as well as a recent discussion going on in the comments section of a recent Liberadio.com blog post (“Oh, Well, if Rep. Mumpower Says it’s Fair“).

The TNGOP insists that the Republican takeover of the state election election commission was them just following the law. But the law is conflicting, so yeah, no, they’re not. Conveniently, they leave out the part about the law dictating the terms of the commission:

2-11-104. Election of members. —
(a) All members shall be elected for a term of four (4) years, beginning on the first Monday in May 1979.

So not so clear and not so straightforward. And in the comments of yesterday’s post pointing out as such, were these questions and statements from “Storm”:

“Please explain to me why this is a GOP assault on the election process?”

and

“I think the verified paper ballot trail is a great idea , but now it is known that the counties cannot afford this process and the state doesn’t have the money. Please be practical. Many Republicans sponsored this legislation originally and then Rep. Gary Moore stole it from them and passed it. Except I don’t think he realized his version was going to have this unintended price tag for the local governments.”

and

“The GOP wants honest, fair elections. That is why they are for voter photo ID and proof of citizendship to register. I don’t know if you are from Tennessee, but you should check out the book “The Hopewell Box” it is out of print but you can check it out at the library. This will give you a history on the rampant, blatant voter fraud in Davidson County by Democrats in the Hopewell box in Old Hickory. Everybody–both sides in politics in Middle Tennessee knows about the Hopewell Box. It is legend.”

Dear Storm (and Bill Hobbs), Thank you for the history lesson and for telling me what I would do if the situation were reversed. And I read The Secrets of the Hopewell Box (I believe Book Man Book Woman in Hillsboro Village still has copies). It’s one of my favorite books and a whale of a cautionary tale.

I know that those who count the ballots control the outcome of elections and so I also know that you are missing my point.

House Republicans could have waited until the natural terms of state election commissioners were over. They already controlled the county election commissions, so why not, right? But no, they resorted to threats and blackmail so they could – prior to the 2010 Gubernatorial election – control everything related to elections in Tennessee.

They have control of the Secretary of State’s office, the State Election Coordinator, the State Election Commission, and the county election commissions.

So you have to ask yourself, why the urgency to control it all? Again, why not allow the State Commissioners to finish out their terms?

And when they first started out this session the bill to “delay” the Tennessee Voter Confidence Act (the paper ballot bill) was a bill to repeal it. And when that didn’t fly they came up with the delay bill (which, in effect, kills it). The Secretary of State and State Election Coordinator only became concerned about the cost after trying 3 or 4 other excuses to gain traction for what they wanted to do with the bill and found that this was the only issue that would stick in the mind of the legislators who were fighting to keep the paper ballot bill intact.

Now, I’ve seen the numbers and it is cheaper to run a paper ballot election than one with the machines we are using now. One obvious way to view this is that each precinct only needs one machine to count paper ballots instead of 4, 6, 8, 10, 20 of the machines we are using know to vote on. That means fewer maintenance contracts and lower storage costs.

Ah…fewer maintenance contracts. Now we may be getting somewhere. Because you can’t seriously believe that printing and storing paper ballots and building privacy screens would be more expensive than the maintenance contracts of, oh let’s say, all the Microvote paperless electronic voting machines that are used in voting precints of at least 45 counties in the state, can you?

Ok, so let’s tally this up again.

1) Republicans control every office connected to our elections – the Secretary of State’s office, the State Election Coordinator, the State Election Commission, and the county election commissions.

2) They want to repeal the paper ballot bill – a less expensive and more fraud proof way to conduct an election. WIth the machines we use now there is no way to conduct a meaningful recount and even more damaging is that using these machines manufacture long lines which go a long way to suppressing the vote (It takes less time to vote on paper than on the machines we use now which would eliminate long lines and the hours-long waits that discourage participation in the process. Manufactured long lines are a tried and true voter suppression tactic.)

3) They attempted to also suppress the vote by introducing photo ID laws and proof of citizenship requirements which, contrary to what you believe, do nothing to combat “voter fraud” because “voter fraud” doesn’t exist. What these laws do, instead, is suppress the vote of the elderly, the indigent, and the disabled.

Doesn’t this all seem a bit suspect to you? Especially after reading The Secrets of the Hopewell Box? Apparently your friends on the Hill read it as well – and are using it as a textbook.

No matter your party or your ideology, we need to all be vigilant about elections. I mean, really, do you want to win by cheating?

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Today, Tennessee House Republicans won another round in their assault on free and fair elections in Tennessee. Take it away, Knoxville News Sentinel Nashville bureau chief Tom Humphrey:

The House’s 50 Republicans, including Speaker Kent Williams, united today to give their party control of the State Election Commission.

SB547, which has already passed the Senate, would add two Republicans to the commission, which now has a 3-2 Democratic majority. With the 50-45 approval of the House today, the bill now goes to the governor.

Democrats roundly criticized the bill. For example, Rep. Henry Fincher, D-Cookeville, said it was part of a Republican “assault” on the election process.

House Republican Leader Jason Mumpower, however, said the bill is fair. Republicans now have a majority of legislative seats and control all 95 county election commissions.

Why did they feel the need to change the makeup of the election commission, you ask? Well, because they can. And because they had the “leverage” to do so. Here’s a video of two State Senators threatening the House – either give us two more members and the majority on the State Election Commission or we will let the Election Commission die:

Senator Norris: Correct. It’s moved out of committee. I think it’s on the desk of the floor of the House. And that’s where it met it’s potential demise and I just think everybody should realize if it meets its demise there then the State Election Commission will meet its demise here [Senate Government Operations Committee].

Senator Jack Johnson (Senate Government Operations Committee Chairman): And so what I wanted Senator Norris to address in this committee is, uh, we will roll this for one more week – we hope that next week will be our last committee meeting for Senate Government Operations, so they essentially have 7 days to either deal with this issue or we will be more or less forced to allow the State Election Commission to sunset.

For those keeping score at home, here are the other weapons of mass election destruction in their arsenal this year:
1) The delay of implementation of the Tennessee Voter Confidence Act (HB0614 / SB0872) State Election Coordinator Mark Goins is leading the fight to keep the paperless touch-screen voting machines we use now in 93 out of 95 counties because they a) can be easily manipulated to change vote totals and flip votes from one candidate to another, b) provide no mechanism for a meaningful recount in the case of close elections, and c) increase the length of time it takes for each voter to cast a ballot thereby suppressing the vote by allocating too few machines in certain areas and creating long lines and long waits.

2) The replacement of all county Election Administrators with partisan Republicans.

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SB0872, the Senate version of the bill that will delay implementation of the TN Voter Confidence Act (paper ballot bill) will be heard today at 1PM in the Senate Finance Ways & Means Committee.

Please drop an email or make a call to the members of the committee encouraging them to vote NO on the bill as it would delay giving us safer, cheaper, and faster elections in Tennessee.

Contact info for members of the committee can be found at http://www.capitol.tn.gov/senate/committees/finance.html.

Rebuttals and talking points are at http://www.liberadio.com/images/tnvca-talking-points.pdf.

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Both the Senate and House versions of the bill to delay implementation of the Tennessee Voter Confidence Act (which would give voters in Tennessee paper ballots by November 2010), SB0872 and HB0614, were moved to the “last calendar” (i.e. last meeting) in their respective committees – Senate Finance and House Budget.

No date set yet for either. We will keep you posted.

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Okay, so remember 2008? Remember how the Tennessee Voter Confidence Act – which would replace the crappy paperless touch-screen voting machines we use to vote on now with paper ballots by the 2010 election – passed nearly unanimously in the General Assembly session that year (hint: possible only with broad bipartisan support)? Then remember Election Day? When the Republicans took control of both houses of the General Assembly for the first time since Reconstruction, allowing them to appoint a new Secretary of State, which they did? So what, we feel the need to ask, changed in one year’s time to dramatically reduce the price of secure and verifiable elections to the point that paper ballots are no longer a priority and the whole thing has become a highly partisan issue? We await Republican State Election Coordinator Mark Goins’s next answer because the ones we’ve gotten so far aren’t good enough.

Tomorrow, May 6th, the bills that would delay implementation of the Tennessee Voter Confidence Act until 2012 (read: delay it into oblivion) will be heard in both a House Subcommittee and a Senate Committee.

SB872 will be heard in Senate Finance at 8:00 am in Room 12 and HB614 will be heard in the House Budget at 11 AM in Room 29.

Please consider coming to one of the hearings because, as you know, there are strength in numbers. We also urge you to email (don’t forget to put your zip code in the subject line!) and call your state legislators as well as Governor Phil Bredesen before tomorrow morning and ask them to keep on the straight course to secure elections and implement the Tennessee Voter Confidence Act by 2010.

Visit VoteSafeTN.org or search “Tennessee Voter Confidence Act” on the Liberadio.com site for history of the legislation as well as a list of the reasons [pdf] why we should move forward to rid ourselves of paperless unverifiable touch-screen voting machines (DREs) and get paper ballots by November of 2010.

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The Tennessee Democratic Party understands that the very foundation of our democracy is at stake and has come out in favor of implementing the Tennessee Voter Confidence Act – which was passed with almost unanimous bi-partisan support by the General Assembly and signed into law by the Governor in 2008 – by November of 2010. From the press release:

Today, the Tennessee Democratic Party called for state legislators to reject a plan to delay implementation of the Tennessee Voter Confidence Act (TVCA).

“When the TVCA is implemented, Tennessee’s elections will be more secure, more accurate, and less expensive. There’s no good reason to wait,” said TNDP Chair Chip Forrester.

The TVCA was passed with broad bipartisan support and signed into law by Governor Phil Bredesen on June 5, 2008. The TVCA requires that all Tennessee counties make the switch to paper ballots before the November 2010 election.

Currently, only Hamilton and Pickett counties use paper ballots. The other 93 counties use paperless touch-screen voting machines, also known as Direct Record Electronic (DRE) machines. DREs are expensive to maintain, prone to error, and have no mechanism in place to produce verifiable results or meaningful recounts.

The legislation that would delay the Tennessee Voter Confidence Act is SB 0872, sponsored by Sen. Bill Ketron, (R-Murfreesboro) and HB 0614, sponsored by Rep. Curry Todd (R-Collierville).

“It’s true that the economy has forced everyone to cut back,” Forrester said. “And I recognize that our county commissioners are concerned about the cost of implementing the TVCA. But the new optical scan machines will be paid for by $25 million in federal funds from the Help America Vote Act. Plus, other states report that switching from DREs to paper ballots actually saves money in the long run.”

“Tennesseans deserve full confidence in the security of our elections. We can’t afford to put these crucial reforms on hold.”

Free, fair and verifiable elections are something we should all be able to agree on no matter what ideology or political affiliation, so I look forward to hearing the TNGOP make a similar statement urging implementation of the Tennessee Voter Confidence Act by 2010.

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Summary: Our guests include author and historian Doris Kearns Goodwin, Executive Director of the ACLU of Tennessee Hedy Weinberg, and Media Matters for America Research Fellow Elbert Ventura.

Part 1 – Who Did Your Voting Machines Vote For? Intro, news items, and a to do list that includes one item: help stop the delay of the Tennessee Voter Confidence Act. Plus a recap of the TNDP summit, Arlen Spector jumps off a sinking ship, Sarah Palin’s hypocrisy, and food that speaks.
[58.5MB 36:32 download MP3]

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Part 2 – Interview with Doris Kearns Goodwin Doris Kearns Goodwin is the Pulitzer Prize-winning author of, among other works, Team of Rivals: The Political Genius of Abraham Lincoln. On Thursday, May 7th, she will receive the Nichols-Chancellor’s Medal from Vanderbilt University, where she will also give the Senior Day address. After she gives us a preview of her speech, we talk about her son’s service to our country, baseball, her appearances on The Daily Show and The Colbert Report, war, andher advice for budding historians in the Information Age. [20.3 MB 17:41 download MP3]

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Part 3- Legislative Update with the ACLU’s Hedy Weinberg Hedy joins us to run down the important work the ACLU is doing to fight back against legislation that threatens the reproductive health of women in Tennessee, immigrants, and members of the GLBT community. She also tells us about the hope they have to help pass Rep. Jeanne Richardson’s (D-Memphis, the Fightin’ 89th!) bill to add gender identity to Tennessee’s Hate Crimes Law. [9.4MB 08:12 download MP3]

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Part 4- Media Matters for America Smackdown and More. Media Matter Research Fellow Elbert Ventura joins us to explain how certain conservative media personalities are baselessly blaming Mexican immigrants for spreading swine flu across the border. [9.4MB 08:12 download MP3]

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In light of all the discussion about whether or not we should gut or delay the Voter Confidence Act – the almost unanimously agreed upon election reform bill that would, among other democracy-loving mandates, require Tennesseans to vote on paper – we need to remember why we needed election reform in the state in the first place.

Paperless unverifiable touch-screen voting machines, also knownn as DREs, suck and 93 out of 95 counties in Tennessee currently use them.

Paperless unverifiable touch-screen voting machines are not secure and unreliable.

They flip votes (the machines used in the West Virginia counties where flipping occurred are the same ones used in Davidson County). And whether the vote flipping problems are caused by “buggy” software created by inept programmers or malicious source code doesn’t matter. And besides, we wouldn’t be able to discern the reason because…

The software used in the machines is hidden from us. There is no public scrutiny of the code that counts the votes, which violates the “vote in private, count in public” axiom.

Paperless unverifiable touch-screen voting machines do not allow for any type of meaningful recount. (just ask Tim Barnes).

Paperless unverifiable touch-screen voting machines totals can be manipulated in the source code, by introducing virus in one of the un-secure data ports, or by good ol’ fashioned Kentucky-style vote-fixin’.

When a paperless unverifiable touch-screen voting machine crashes or malfunctions, as computers are prone to do, votes can be irretrievably lost.

When you vote on paperless unverifiable touch-screen voting machines there is no guarantee that your vote will be counted, let alone counted as cast.

As the reasons for delaying the implementation of the Voter Confidence Act pile up, we must keep in mind our ultimate goal – free, fair, and trustworthy elections.

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