San Diego Superior Court Judge Patricia A.Y. Cowett issued a tentative ruling yesterday in the County of San Diego vs. Debra Bowen case in support of the Secretary of State.
The County of San Diego, led by registrar of voters Deborah Seiler and joined by three other counties (Kern, Riverside and San Bernardino) sued the Secretary of State for imposing new post-election manual tally requirements to verify the accuracy of vote counts as conditions for recertifying numerous voting systems in California. These requirements include a ten percent manual tally of precincts' ballots in close contests (where the semi-official results are within .5 percent), an escalation of manual tallying when discrepancies are found during the one percent manual tally process, and a tabulation of overvotes and undervotes as part of the post-election manual tally process.
San Diego and the other counties argued in their lawsuit that Secretary of State overstepped her authority in imposing these requirements; that the requirements were regulations; and that the requirements were capricious and arbitrary.
In her tentative ruling, Judge Cowett said that Secretary of State Bowen did "not directly exceed her authority. The SOS has the authority to implement specifications and regulations pursuant to Elections Code sections 19201, 19205 and 19222" and that "the court finds the requirements do not exceed the SoS's authority". She also tentatively ruled that the Secretary of State's actions were not arbitrary or capricious since they were based on a comprehensive voting system review and on conclusions of the Post Election Audit Standards Working Group. Finally, Judge Cowett tentatively ruled that the requirements do not constitute regulations because they do not apply universally to all voting systems. Indeed, there are three counties -- Lake, Madera and Sonoma - - that are using legacy DFM Mark-a-Vote systems that were not reviewed or recertified with conditions, and thus are not subject to the additional post-election manual tally requirements.
The tentative ruling is good news for election verification. Today the two sides responded to this ruling in San Diego and we will wait until Friday or Tuesday to see what the judge's final ruling will be.
Thursday, January 17, 2008
Wednesday, January 16, 2008
SoS Debra Bowen's post-election audit rules challenged by counties
Last year, Secretary of State Debra Bowen implemented stricter post-election auditing requirements following her office's "top to bottom" review of several California voting systems, which were found to have numerous security risks.
Just before the holidays, San Diego County announced it was suing the Secretary of State, claiming she exceeded her authority in implementing these requirements. Three other counties -- Kern, Riverside and San Bernardino -- have joined in the suit, which will be heard tomorrow.
For those of us involved in Kevin Shelley's efforts to implement a voter-verified paper audit trail requirement, this whole episode is like a deja vu. Several counties balked at Shelley's paper trail requirement, which inevitably was codified into law after it unanimously passed the legislature. A few counties sued, and argued in the courts in 2004 that Shelley had overstepped his authority; Shelley won and the courts reaffirmed his broad authority as Secretary of State to determine the terms under which voting systems can be used in California. (See Judge Florence Marie Cooper's 2004 decision.) This December 19, 2007 San Diego Union-Tribune article provides additional details about the current lawsuit.
Just before the holidays, San Diego County announced it was suing the Secretary of State, claiming she exceeded her authority in implementing these requirements. Three other counties -- Kern, Riverside and San Bernardino -- have joined in the suit, which will be heard tomorrow.
For those of us involved in Kevin Shelley's efforts to implement a voter-verified paper audit trail requirement, this whole episode is like a deja vu. Several counties balked at Shelley's paper trail requirement, which inevitably was codified into law after it unanimously passed the legislature. A few counties sued, and argued in the courts in 2004 that Shelley had overstepped his authority; Shelley won and the courts reaffirmed his broad authority as Secretary of State to determine the terms under which voting systems can be used in California. (See Judge Florence Marie Cooper's 2004 decision.) This December 19, 2007 San Diego Union-Tribune article provides additional details about the current lawsuit.
Monday, January 14, 2008
New electronic voting documentary now playing in theaters
This week a new documentary film, Uncounted makes its West Coast debut in Sacramento, with a 5:30 and 800 p.m. showing at the Crest Theater. On Thursday the film will be shown at the Grand Lake Theater in Oakland. Check out the film's web site for a trailer, additional screenings, or to order it on DVD.
CVF helps voters follow the money on California propositions
Last Friday the California Voter Foundation distributed this CVF-NEWS summarizing the money raised to support and oppose the seven propositions on the February 5 California ballot. The top five donors for and against each of the measures are provided in CVF's California Online Voter Guide. What's interesting about this ballot is that we're seeing intra-interest group competition going on -- in the case of Prop. 92, it's community college teachers vs. K-12 teachers; with Props. 94-97, Indian tribes are battling each other over the terms some tribes have obtained in their compacts with the governor.
Thursday, January 3, 2008
Colorado Secretary of State wants paper ballots for 2008
Yesterday's Government Technology magazine featured this story reporting on Colorado Secretary of State Mike Coffman's support for an all-paper ballot election in his state this year. Colorado joins California, New Mexico and Florida among the states that are severely limiting use of electronic voting machines in this presidential election year. Excerpts from yesterday's story are below.
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Colorado Secretary of State Mike Coffman last week announced his recommendation to the Legislature for a polling place election using paper ballots for the 2008 presidential election.
"I have more confidence in having votes cast on paper ballots at the polls rather than relying exclusively on electronic voting machines or in voting by mail. If Douglas County had paper ballots available for voters at their vote centers in the 2006 mid-term election they would not have the distinction of having the last vote cast in the country sometime after 1:00 am on the following day." said Coffman.
According to Coffman, the Legislature needs to remember that federal law still requires that at least one handicapped accessible electronic voting machine be made available in every voting location. If Colorado holds an all mail ballot general election, then at least one of these machines still will be required at every place in the county that voters are allowed to drop off ballots. "No matter how the Legislature ultimately decides to conduct the election, we will still need some electronic voting machines," Coffman stated.
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Colorado Secretary of State Mike Coffman last week announced his recommendation to the Legislature for a polling place election using paper ballots for the 2008 presidential election.
"I have more confidence in having votes cast on paper ballots at the polls rather than relying exclusively on electronic voting machines or in voting by mail. If Douglas County had paper ballots available for voters at their vote centers in the 2006 mid-term election they would not have the distinction of having the last vote cast in the country sometime after 1:00 am on the following day." said Coffman.
According to Coffman, the Legislature needs to remember that federal law still requires that at least one handicapped accessible electronic voting machine be made available in every voting location. If Colorado holds an all mail ballot general election, then at least one of these machines still will be required at every place in the county that voters are allowed to drop off ballots. "No matter how the Legislature ultimately decides to conduct the election, we will still need some electronic voting machines," Coffman stated.
Thursday, December 20, 2007
CVF's new online voter guide for Feb. 5 election debuts!
With California's presidential primary election just six weeks away, today the California Voter Foundation released its 2008 California Online Voter Guide, a nonpartisan Internet resource to help Californians get ready to vote.
California is the largest of 22 states that will be voting on nominees for president on February 5, which has been dubbed "Super-Duper Tuesday". Californians who vote by mail will begin receiving their ballots the week of January 7th, nearly a month ahead of the February election, and less than three weeks from today.
With four in ten California voters expected to vote by mail, the presidential primary is actually a month-long election season that kicks off on January 7. California's Legislature changed the Presidential primary election date in an effort to increase California's clout in the Presidential nominee selection process. February 5 is the first of three California statewide elections taking place in 2008.
In addition to selecting Presidential nominees, California voters will also be voting on seven propositions that would change school funding rules, legislative term limits and tribal gaming agreements.
The accelerated campaign schedule has placed elections in the middle of the holiday season. Presidential candidates are touting the holiday theme in campaign ads that have begun to air online and in other early primary states. While some voters may be reluctant to talk politics with family members around the holidays, families can have a significant impact on potential voters.
A 2005 CVF survey found that two-thirds of California's infrequent voters say that when they do vote, family members are an influential source of information. Family visits can be a great opportunity to talk about the candidates and measures on the ballot, and help each other get prepared to vote.
California is the largest of 22 states that will be voting on nominees for president on February 5, which has been dubbed "Super-Duper Tuesday". Californians who vote by mail will begin receiving their ballots the week of January 7th, nearly a month ahead of the February election, and less than three weeks from today.
With four in ten California voters expected to vote by mail, the presidential primary is actually a month-long election season that kicks off on January 7. California's Legislature changed the Presidential primary election date in an effort to increase California's clout in the Presidential nominee selection process. February 5 is the first of three California statewide elections taking place in 2008.
In addition to selecting Presidential nominees, California voters will also be voting on seven propositions that would change school funding rules, legislative term limits and tribal gaming agreements.
The accelerated campaign schedule has placed elections in the middle of the holiday season. Presidential candidates are touting the holiday theme in campaign ads that have begun to air online and in other early primary states. While some voters may be reluctant to talk politics with family members around the holidays, families can have a significant impact on potential voters.
A 2005 CVF survey found that two-thirds of California's infrequent voters say that when they do vote, family members are an influential source of information. Family visits can be a great opportunity to talk about the candidates and measures on the ballot, and help each other get prepared to vote.
Wednesday, December 19, 2007
Online Voter Registration hearing - my testimony & webcast
Last Friday I participated in a California State Senate hearing sponsored by the Senate Elections Committee to explore the feasibility of online voter registration. The hearing was chaired by State Senator Ron Calderon, who intends to introduce legislation early next year to advance online registration. During the hearing, the possibility of reconvening the Internet Voting Task Force was also discussed. My testimony and this California Channel webcast of the hearing are available online.
Thursday, December 13, 2007
Update on California legislative hearings
On Monday I was in Los Angeles for the Assembly's hearing on voter participation and new technologies. My powerpoint presentation is available here, and features highlights from CVF's California Voter Participation Survey. A PDF version is also available.
Tomorrow I'm heading over to the State Senate's Online Voter Registration hearing at the State Capitol, Room 113. The hearing starts at 10 a.m.. Here is the agenda, which features links to an overview by the committee and the Arizona Secretary of State's powerpoint presentation. Scheduled speakers include:
- Craig Stender, HAVA Project Manager, Arizona Secretary of State
- Robert Rubin, Legal Director, Lawyers' Committee for Civil Rights
- Ronda Paschal, Deputy Secretary of State, Legislative and Constituent Affairs, California Secretary of State
- Dennis Clear, Legislative Director, California Department of Motor Vehicles
- Kim Alexander, President and Founder, California Voter Foundation
Tomorrow I'm heading over to the State Senate's Online Voter Registration hearing at the State Capitol, Room 113. The hearing starts at 10 a.m.. Here is the agenda, which features links to an overview by the committee and the Arizona Secretary of State's powerpoint presentation. Scheduled speakers include:
- Craig Stender, HAVA Project Manager, Arizona Secretary of State
- Robert Rubin, Legal Director, Lawyers' Committee for Civil Rights
- Ronda Paschal, Deputy Secretary of State, Legislative and Constituent Affairs, California Secretary of State
- Dennis Clear, Legislative Director, California Department of Motor Vehicles
- Kim Alexander, President and Founder, California Voter Foundation
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