The Voting News Weekly for June 27- July 3 2011

In conservative New England state, voter ID vatoed

New Hampshire Governor John Lynch

The Texas Supreme Court dealt a blow to critics of electronic voting machines in dismissing a case brought by Travis County voters that alleged the machines are not secure and reliable. In a recount that drew protests and comparisons to the 2000 Presidential election in Florida, a seven vote margin in favor of incumbent Chad Smith became a 266 vote victory for challenger Bill John Baker. New Hampshire Governor John Lynch joined the list of Democratic Governors that have vetoed Voter ID legislation passed by Republican state legislatures. Indiana Secretary of State Charlie White held onto his job after a unanimous decision by the State's Recount Commission but still faces criminal changes including three counts of voter fraud. Norway's planned internet voting pilot project will be scrutinized by international observers. The run-up to today's general election in Thailand has been tense, with allegations of vote buying, an Election Commission error that disenfranchised a half a million voters and fears of election day violence. And Wisconsin election administrators are facing severe budget woes with costs mounting for this month's recall elections.

Jul 02, 2011 06:16 am
State Supreme Court dismisses challenge to electronic voting machines in Travis County | statesman.com

Dealing a blow to critics of electronic voting machines, the Texas Supreme Court on Friday dismissed a case brought by Travis County voters that alleged the machines were not secure or reliable.

Read the Texas Supreme court Ruling

The machines “are not perfect. No voting system is,” Chief Justice Wallace Jefferson said in his opinion. But “we cannot say that (electronic voting machines) impose severe restrictions on voters, particularly in light of the significant benefits such machines offer,” he said.

The lawsuit, filed in 2006 but held up on procedural questions, sought to force Travis County to provide voters with a paper copy of their just-cast ballot to review for accuracy. That ballot would then be submitted to create a record that could be checked in event of a recount or problem with a machine.

The current system, which tabulates all votes cast on a machine but does not provide printed ballots, cannot ensure accuracy or provide a backstop to a voting system that has had problems in the past, the voters said in the suit.

Lawyers for Secretary of State Hope Andrade , the defendant in the case because she had certified the machines, argued the voters cannot show they have been harmed by the voting machines and therefore had no standing to sue.

Although the court held they had standing on some issues, it ultimately found that the machines did not unduly impinge on the right to cast a ballot.

Andrade “made a reasonable, nondiscriminatory choice to certify” the machines, Jefferson wrote.

Friday’s decision reverses opinions by the state District Court in Travis County and the 3rd Court of Appeals , which had ruled that the lawsuit could proceed to trial.

Timothy Herman , a lawyer for the voters — who include 2006 Democratic attorney general candidate David Van Os and the Austin chapter of the National Association for the Advancement of Colored People on behalf of its members — told the Supreme Court that a history of voting machine problems raises questions about the reliability of the ballot system in Travis County and elsewhere in Texas.

Full Article: Texas Supreme Court dismisses challenge to electronic voting machines in Travis County.

See Also:

• BNP won’t join polls if e-voting introduced in Bangladesh | The Daily Star
• Indian Voting Machines With Paper Trails to Be Field-tested | PCWorld
• Samyabadi Dal says yes, Janata League no to electronic voting in Bangladesh | The Daily Star
• District Election Officer says electronic voting machines were not tampered | DNA
• Electronic Voting Machines likely in N’ganj city polls | The Daily Star

Jul 01, 2011 08:17 am
Recount ousts Cherokee chief | MuskogeePhoenix.com

Bill John Baker was certified the winner late Thursday after a recount in the hotly contested election to choose the Cherokee Nation’s next principal chief. The final certified tally was 7,613–7,347 as Baker ousted incumbent Principal Chief Chad Smith.

“Honesty and transparency has prevailed, and the voice of the Cherokee people has finally been heard,” Baker said in a release. “I am humbled and honored to have been elected — and certified — as the next chief of the Cherokee Nation.

… A recount began in earnest earlier in the afternoon. It was delayed most of the day as officials argued about whether the integrity of the ballots had been breached.

A spokesman for Baker’s campaign said evidence presented during the closed-door hearing showed there was a breach of the room where the ballots had been kept since Sunday morning. “What we learned is that there was an undisputed breach of protocol,” said Chuck Hoskin Jr., a tribal council member and co-counsel for the Baker campaign.

Hoskin said the vault was entered twice after the unofficial results were posted and before the official tally was announced. A spokesman for Smith, while acknowledging those entrances, said the Supreme Court judges found no evidence of ballot tampering after reviewing surveillance video.

“This means that any claims of impropriety in the preservation of the ballots were rejected by the court,” said Dean Luthey, a lawyer who represents the Smith campaign. “People should not confuse security of the room with security of the ballots.”

Hoskin, however, said the breach of protocol raises even more questions for citizens of the Cherokee Nation who may be “losing faith in how the election was handled.”

In addition to the entrances into the vault, Hoskin said the question about the 22 votes that did not appear on voting tallies until Monday afternoon raises other concerns.

The Smith campaign produced a tally sheet they say explains the differences between the unofficial and official results. Luthey said a number written down as “57” was misread as “37.”

The handwriting on the document produced by the Smith campaign isn’t very clear, and the numeral five at issue differs a bit from another entry where the same numeral is written.

And Hoskin pointed out that explanation doesn’t account for the 22 additional votes that appeared in the vote totals reported on the official results.

Documents posted by election commissioners Sunday morning show Baker winning the election 7,600–7,589. The official results released the following day showed Smith winning 7,609–7,602.

Full Article: Recount ousts chief » Local News » MuskogeePhoenix.com…, Muskogee, OK.

See Also:
• Cherokee Supreme Court backs Thursday recount, Baker is chief-elect | Tulsa World
• Bill John Baker wins again | Sequoyah County Times
• Vaults breached twice, Cherokee chief recount still not under way | Tulsa World
• The Cherokee Nation Chief election will go to a recount | kjrh.com…
• Baker accuses Smith employees of tampering with Cherokee election | Tulsa World

Jun 30, 2011 10:18 am
In conservative New England state, voter ID vetoed | peoplesworld

New Hampshire might be the most conservative state in New England, but John Lynch, the Democratic governor, isn’t following the tea-party crowd. He vetoed June 27 a bill that would require all residents to present photo identification before voting.

“There is no voter fraud problem in New Hampshire,” Lynch said upon vetoing the bill. “We already have strong elections laws that are effective in regulating our elections.”

Stricter voting laws have been pushed in New Hampshire and in states across the country by the Republican Party and its tea-party allies. They argue that civic groups like ACORN have manipulated the voting process. Opponents point out that no significant cases of voter fraud have actually been uncovered.

Further, opponents argue, the new rules would make it harder — impossible for some people — to vote. The laws have been shown to disproportionately affect poor and minority communities, and have been considered by some to be akin to a new form of the poll tax. New Hampshire is about 94 percent white, and many against the rules change argue that it is aimed especially at keeping students, a demographic that tends to vote less Republican, away from the polls.

According to the New Hampshire bill, SB 129, voters would have to present a valid photo identification issued by federal or state government agencies. If they failed to do so, they would be made to cast a provisional ballot, which would be rejected unless the hopeful voter returns within 2.5 days with an acceptable identification.

Lynch took issue with problems this could cause people. “Seniors, students, those who are disabled or do not drive, and those who do not already have a state-issued or federal-issued photo ID,” he said, “may not be able to arrange to obtain a valid photo ID within the tight 2 and a half day timeframe.”

New Hampshire’s limited government structure adds to the woes. “Many town offices are closed or have only limited hours on Wednesday, Thursday and Friday, when those voters who received a provisional ballot would be expected to return to produce a photo ID and have their vote counted,” Lynch continued.

In some areas of the state, Department of Motor Vehicles offices were consolidated, meaning that a number of small towns no longer have ready access to the DMV, which provides the most-used photo ID, the drivers license. For people who don’t have a license to begin with, getting to the DMV so quickly presents a problem.

Full Article: In conservative New England state, voter ID vetoed » peoplesworld.

See Also:
• Voter-fraud bill misguided, wasteful | SentinelSource.com…
• Governor vetoes New Hampshire voter ID bill | NashuaTelegraph.com…
• Lynch vetoes bill requiring photo ID at polls | New Hampshire NEWS06
• Perdue vows to veto North Carolina voter ID legislation | Statesville Record
• Big voter turnouts and perceptions of fraud | NewsObserver.com…

Jun 29, 2011 05:17 am
Secretary of State White can stay in office, recount panel rules | The Indianapolis Star

The Indiana Recount Commission voted 3–0 this morning that Secretary of State Charlie White can remain in office. The panel of two Republicans and one Democrat turned down Democrats’ complaint that White was illegally registered to vote when he declared his candidacy last year.

The ruling came as a relief to White, who smiled and took his wife’s hand as they exited the hearing this morning. He said his feelings today reminded him of his elation after he handily defeated Democrat Vop Osili in last November’s election. “I’m very humbled,” White said after hearing the commission’s ruling. “Obviously, our family is very happy that we’ve been able to at least put the recount commission phase of this is behind us.”

Even though the commission ruled in his favor, White’s job isn’t secure yet. The Democrats could appeal to the courts.

White also could be taken out of office if he’s convicted of any of the seven felonies he has been charged with in Hamilton County. Those charges include three counts of voter fraud. His trial is scheduled for Aug. 8. The commission reached its decision exactly one week after it heard seven hours of testimony from White and others regarding White’s residency.

The Democrats argued that White shouldn’t have been registered to vote at his ex-wife’s address when he declared his candidacy for Secretary of State. They said he was spending some of his time at a new condo he bought for him and his current wife and planned to make that his permanent home.

White testified that he considered his ex-wife’s home to be his permanent address at the time, though he spent lots of time traveling and occasionally stayed at the condo or at his mother’s home.

The commission followed part of the law that says people’s residency can be determined by their intent to live in a certain place. Commission members said during a hearing this morning that White’s intent to live at his ex-wife’s house was clear, and they unanimously decided he was eligible to run for office.

… White didn’t escape the commission unscathed. Commissioner Tom Wheeler criticized White, the state’s top elections official, for apparent unfamiliarity with voting laws. “Mr. White, you were very close to the line,” Wheeler said.

White declined to comment on Wheeler’s admonition, but he did say there is a public misconception that he runs elections. He said election functions are associated with divisions in his office, but they’re a small part of his office’s responsibilities, and other employees are in charge of them. “The county clerks, the county election boards, the voter boards where applicable… they are the ones who run elections,” White said. “People need to know, I do not run elections.”

Full Article: Secretary of State White can stay in office, recount panel rules | The Indianapolis Star | indystar.com….

See Also:
• Easing Secretary of State White’s damage | The Journal Gazette
• Charlie White going to great lengths to avoid answering questions | WISHTV
• White claims vindication … but, please | Evansville Courier & Press
• A mess of his own making – Charlie White should still vacate his elected office | The Tribune-Star
• Doug Ross: Panel’s ruling isn’t final answer on White’s fate | nwi.com…

Jun 28, 2011 05:19 am
Election expert team to follow internet voting in Norway | Office for Democratic Institutions and Human Rights

The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed an election expert team to Norway on 27 June 2011 to follow a pilot project on new voting technologies (NVT) that was put in place for the forthcoming 12 September municipal elections.

View the source code and other materials related to Norway’s internet voting pilot project

Norway intends to use NVT in 10 municipalities, where voters will be able to vote remotely or via the Internet. Voters will also be given the option of voting using traditional ballots.

During the course of its visit, the team will follow the use of NVT with regard to OSCE commitments for democratic elections. Members of the team will meet with relevant state authorities, including the Data Protection Inspectorate and the Norwegian computer emergency response team, as well as Internet service providers and non-governmental organizations.

The team will visit Norway several times during the project’s implementation to follow the procedures for Internet voting, including the setup and configuration, the start and close of voting, the counting of electronic votes, and data destruction. The team is made up of analysts from three OSCE participating States.

Full Article: ODIHR deploys election expert team to follow new voting technologies in Norway — Office for Democratic Institutions and Human Rights.

See Also:
• Estonian Parliament Sets up E-Voting Working Group | ERR
• OSCE recommends that Estonia regulate e-voting in more detail | The Baltic Course
• David Jefferson: Email Voting – A National Security Threat in Government Elections
• Internet voting has high cost in Alberta | Grande Prairie Daily Herald Tribune
• Tallinn Looks to Disallow E-Voting at Local Elections | ERR

Jun 28, 2011 05:03 am
Election Commission accused of disenfranchising 500,000 voters | Bangkok Post

Two independent election watchdogs have criticised the Election Commission over its handling of advance voting on Sunday, accusing the poll agency of effectively disenfranchising hundreds of thousands of voters. As many as 500,000 eligible voters lost their right to vote because of a misunderstanding caused by the Election Commission’s poor public relations and an outdated regulation, the People’s Network for Election in Thailand (Pnet) said on Tuesday.

It said these people had registered in 2007 to vote in advance outside their home constiuencies and had not been properly informed they needed to advise the authorities if they intended to vote elsewhere this time. They had not voted last Sunday in the area they were previously registered, and as a consequence they were now denied the right to vote on July 3.

The Asian Network for Free Election (Anfrel) also criticised the EC for this oversight, but said advanced voting was, in general, well managed but safeguards needed to be put in place for this weekend’s voting.

Pnet committee member Somchai Srisuthiyakorn said the people disenfranchised had registered to vote in advance outside their constituencies in the last election, but had not withdrawn their names from the list of advance voters, not knowing that they were required to do so by an EC regulation.

Full Article: Bangkok Post : EC accused of disenfranchising 500,000 voters.

See Also:
• Supervisor of Elections Ion Sancho: Florida Elections Bill is a Travesty
• LePage signs bill banning same-day voter registration, but critics vow to fight | Bangor Daily News
• Move to Eliminate Maines Same Day Voter Registration Law Draws Protests | MPBN
• Big voter turnouts and perceptions of fraud | NewsObserver.com…
• Maine Voices: Legislature should not revoke Mainers’ voting rights | The Portland Press Herald

Jun 27, 2011 09:24 am
Elections Officials Prepare For Work, Costs Of Wisconsin Recalls | WISC Madison

This summer’s planned recall elections for state senators will likely cost counties and municipalities thousands of dollars. The unprecedented elections, prompted by the collective bargaining legislation and accompanying protests, are putting local clerks to work in their off-season and leading to unexpected costs. Many workers are now scrambling on a short timetable to get things ready for the elections.

Columbia County Clerk Sue Moll was testing recall primary ballots for the 14th state Senate district on Friday as part of preparations for the recall election. She said that the summer is typically a time of planned vacations and a catch-up season for elections workers. “It’s time here, normally, I would have a staff person doing this. She’s not available. Her last day was Monday so we normally have three staff. We’re down to two,” she said.

The upcoming elections also mean officials in cities like Portage have to train poll workers on the state’s voter identification law before elections are held. This is in addition to contending with the added costs of having primary and then general election that weren’t budgeted-for.

Marie Moe, the Portage city clerk, said that the costs will be steep. “We were estimating the cost for each election at a ballpark (of) around $11,000,” Moe said. “And that is, we’re doing a conservative estimate, and feel that it is going to be very well, a huge turnout for the election because there is a lot of interest.”

Officials said that Columbia County’s expected costs for the elections is somewhere around $3,500 per election. According to a survey conducted by the Baraboo News Republic newspaper of all 10 counties and 120 municipalities within the 14th senate district, the bill for the entire recall is nearly $350,000.

These expenses are something all elections workers will have to figure out how to cover. “It’s not budgeted so at the end of the year, we will looking for some things that maybe we are under budget on so we can cover the overage,” Moll said.

Full Article: Elections Officials Prepare For Work, Costs Of Recalls — Madison News Story — WISC Madison.

See Also:
• Expense of fake Democrats in primaries will top $400,000 | JSOnline
• Election officials wary over cost, implementation of Wisconsin voter ID bill | LaCrosse Tribune
• Senate passes Wisconsin voter ID bill, sends to Walker | Wisconsin Law Journal
• State Supreme Court dismisses challenge to electronic voting machines in Travis County | statesman.com…
• Costs add up as counties plan for recall elections | Pierce County Herald

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