New vote likely in California e-voting case
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(InfoWorld) - A California judge is likely to order a Berkeley city initiative back on the ballot because of local officials' mishandling of electronic voting machine data, a public-interest lawyer arguing the case said Friday. In a preliminary ruling Thursday, Judge Winifred Smith of the Alameda County Superior Court indicated she would nullify the defeat of a medical marijuana proposal in Berkeley in 2004 and order the measure put back on the ballot in a later election. A hearing on Friday morning in advance of a final ruling brought out nothing that indicated Smith would deviate from her preliminary decision, said attorney Gregory Luke, who is representing Americans for Safe Access. The medical-marijuana advocacy group is suing the county, assisted by the technology rights group Electronic Frontier Foundation. The case points to the dangers of electronic voting systems, which make it harder to ensure fair elections, Luke said. Electronic voting machines have been widely adopted in the U.S. since the disputed presidential election of 2000. Laws in California and some other states now require paper records of all votes, but the California law wasn't in place for the Berkeley election. Both sides argued their cases before Smith on Friday in a last-ditch hearing on the proposed sanctions, according to Luke. The hearing brought out nothing new that suggested Smith would change direction, he said. Americans for Free Access sought a recount of the vote on Measure R, which would have established procedures for opening marijuana dispensaries in Berkeley. It lost by fewer than 200 votes. A recount wasn't possible because the city didn't share the necessary voting records, in violation of election laws, Judge Smith ruled in April. In May,Â the county agreed to share some data. The county reused voting machines from Diebold Election Systems without saving sufficient data to carry out a recount or review the election process, Luke said. Officials failed to save key evidence even after the suit was pending, he said. Data from the vote in question has only been found on 20 of the hundreds of machines used in the election, according to Luke. In addition to ordering another vote on Measure R, Judge Smith's preliminary ruling called for the county to pay the $22,604 cost of the recount as well as attorney's fees and the cost of a trip to Diebold offices in Texas. Ordering a new vote is a rare move for a court, Luke said. "This is a very severe sanction. ... and it's warranted," he said Friday. Luke expects a final ruling in the case within two weeks. The county could appeal to a higher court if the ruling goes against it, he said. Attorneys for the county were not immediately available for comment.
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Electronic voting has improved since the 2004 elections. however, many problems with security, reliability, and operation still remain.
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The Ukrainian Supreme Court may give its ruling today on charges of fraud in the Nov. 21 presidential election, as the outgoing president said he is prepared to hold a new vote.
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The legal battle: The election might be held on Tuesday, but voters could be forced to wait until weeks after the polls close to find out who the winner is.
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In a change that could give new meaning to direct democracy, San Franciscans will soon cast ballots listing their first, second and third-place choices for municipal offices under a new "ranked-choice voting" system that would eliminate separate run-off elections.
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With primary contests or caucuses in 24 states today, election officials from three states explain how e-voting systems are readied for voters.
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A Florida court must hear a lawsuit demanding Florida state give voters a receipt for ballots cast on electronic voting machines, an appeals court decided.
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Federal Election Commission may appeal ruling that campaign finance and spending limits must apply online.
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Cuyahoga county officials in Ohio are considering a switch away from touch-screen e-voting systems to optical scan devices -- a move that could mean scrapping a $17 million investment in Diebold Election Systems hardware.
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The seemingly interminable race for Washington governor may hinge on whether 723 originally untallied votes count.
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California elections officials predict that nearly 13 percent of all ballots cast for the Feb. 5 primary could remain uncounted on Election Night, possibly slowing the presidential tally in the state.
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(InfoWorld) - With hotly contested nationwide elections just weeks away, several computer experts Thursday questioned the reliability and security of e-voting systems during a congressional committee hearing. Access doors of thousands of Diebold AcuVote-TS touch-screen systems can all be opened with the same key -- a type commonly used for office furniture, jukeboxes and hotel minibars, Princeton University computer science professor Edward Felten told the committee. That door protects the removable memory card that stores votes. "Though some claim that election procedures will prevent the kinds of problems we identified, the rigid procedures described in vendor manuals are often ignored in practice," said Felten, co-author of a study that was highly critical of Diebold Election Systems' AccuVote TS. Also today, the Committee on House Administration took no action on legislation proposed by Rep. Rush Holt (D-N.J.) aimed at remedying e-voting vulnerabilities. The Voter Confidence and Increased Accessibility Act (HR 550), introduced last February, now has more than 200 bipartisan co-sponsors. Among its various provisions, HR 550 would mandate that each machine produce a paper receipt that could be used in a recount. The bill also calls for e-voting vendors to offer greater transparency to their software. By not sending the bill to the floor for a vote, the committee missed any chance of ensuring that November's elections would produce auditable results, Holt said. The Help America Vote Act (HAVA) of 2002 was aimed at preventing the sort of notorious failures such as occurred in Florida in 2000 due to disputes over manually operated punch-card systems. Some $3 billion was earmarked under HAVA to fund state compliance, with most of that money going to purchase e-voting gear, said committee chairman Rep. Vernon Ehlers (R-Mich.) in his opening remarks for the hearing. "Though HAVA did not require the adoption of any particular kind of technology, many jurisdictions purchased electronic voting systems because they felt these systems were best able to meet the requirements of HAVA," said Ehlers. "Not surprisingly, some jurisdictions using this new equipment for the first time have encountered some difficulties," he said. Ehlers cited recent problems with e-voting gear in Montgomery County, Md. Earlier this week, Ehlers submitted an amendment to HAVA to reimburse any voting jurisdictions that print out paper ballots for voters who prefer not to cast their votes on touch-screen voting gear this November. Similar legislation was filed by Sen. Barbara Boxer (D-Calif.) in the Senate. The bill calls for up to 75 cents to be spent per paper ballot. Ehlers estimated that it would probably cost no more than $10 million, based on the estimate of the number of voters in precincts using touch-screen gear that don't offer a paper trail. He told Computerworld he offered the amendment because he didn't expect HR 550 to be passed this year. "We thought in light of the problems we've seen, most recently in Maryland, that collectively, these problems were shaking voters' confidence," he said. "We thought if jurisdictions want to give voters another choice, we should support them in that." Ehlers declined to predict when or if the emergency amendment would pass. Like all House members, Ehlers is up for re-election this year, and his district uses e-voting gear. "Certainly, any voting system that is not verifiable and auditable is of concern," he said.
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Efforts are intensifying in Congress to pass legislation that would require electronic touch-screen voting machines used in federal elections to provide paper trails that could be checked in the case of a recount.
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California's secretary of state expects to file a suit charging ES&S with selling the state e-voting machines that were not certified.
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County election officials have been among the staunchest advocates of electronic voting, insisting that computers are as reliable as paper ballots.
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Odd, I don&#39;t recall registering as a Republican ... : Looks like the e-voting machines used in Tuesday&#39;s election weren&#39;t as problem-free as their manufacturers would have us beleive.
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(InfoWorld) - A coalition of voting rights groups on Monday called on the U.S. Congress to pass legislation that would require electronic voting machines to have printers attached as a way to audit the touch-screen results. But the lack of a paper trail for many e-voting machines was only one problem among many during the 2006 U.S. elections, said speakers at the Elections: Looking Forward conference, sponsored by Common Cause, the Leadership Conference on Civil Rights and other groups. Many of the problems attributed to e-voting machines were caused by a lack of training for poll workers or administrative mistakes, said Efrain Escobedo, director of voter engagement at the National Association of Latino Elected and Appointed Officials. Poll workers observed by his group didn't know how to change the paper in machines with paper trails or didn't know how to reboot machines, he said. Participants in the event also described several other problems not related to e-voting: poll workers demanding photo identification when it wasn't required by law, polling places lacking voting materials in languages other than English, polling places inaccessible to disabled people, and long lines. But several speakers called on Congress to pass the Voter Confidence and Increased Accessibility Act, which would require paper trail printouts with touch-screen e-voting machines. Representative Rush Holt, a New Jersey Democrat, introduced the bill Feb. 5, after a similar piece of legislation failed to pass during the 2005-06 congressional session. The Holt bill has 183 cosponsors, close to half of the House of Representatives. Congress needs to act in the next six to eight months for the legislation to affect the 2008 elections, said Ralph Neas, president and chief executive officer of People for the American Way, a liberal advocacy group. Neas pointed to the 2006 vote in Sarasota Country, Florida, where e-voting machines did not record a vote from more than 18,000 people in a congressional race decided by less than 400 votes. "Sarasota was a disgrace," Neas said. "Eighteen thousand votes ... inexplicably disappeared into cyberspace. But it's a teachable moment. We've got 18,000 faces now that we can put on the problem." Not all speakers agreed that Congress should move ahead immediately with paper trails. Many visually impaired voters were able to vote without assistance on touch-screen machines for the first time in 2006, said Christina Galindo-Walsh, senior staff attorney with the National Disability Rights Network. Paper trail printouts would again create a two-tier voting system in which some disabled people don't have access to the same information as other voters, she said. Galindo-Walsh and Jim Dickson, vice president for government affairs at the American Association of People with Disabilities, also said it was too late for Congress to mandate paper trail ballots by the 2008 presidential election. E-voting machine vendors wouldn't be able to produce enough printers by 2008, Galindo-Walsh said. The Help America Vote Act (HAVA), passed in 2002, mandated standards for voting machines, and those standards are just being completed now, Dickson added. Those standards still need to be tested, and new machines meeting those standards need to be built, he said. "Either you lower the standards for the election equipment, or you live with the timeline that looks like 2010," he said. "You cannot have it both ways." But many voters now question e-voting systems, added Melanie Campbell, executive director and CEO of the Coalition for Black Civic Participation. "The reality is voters are losing confidence in the system," she said.