Sun
Jan 4 2009
01:21 pm
By: R. Neal

The Flypaper Theory: Every Vote Counts

Coleman: -225

I am actually going to start taping The O'Reilly Factor just so I can see the look on his face when he has to say the words "Senator Al Franken."

Anonymously Nine's picture

Every vote counts...

Actually only the valid votes should count. Someone forgot to tell Stuart Smalley. That is a national embarrassment. Some let's here some pithy comments about Gore 2000.

reform4's picture

And your point?

Perhaps you can point us to some citations that votes are somehow being counted in violation of Minnesota state law?

I will agree there are plenty of dumb challenge examples by both sides, many of them posted on the web. But most of those extreme examples have been rejected (and rightfully so). That's why we have a process and a system and, as far as I can tell, the MN courts have maintained their neutrality in this trying time, unlike the SCOTUS in Bush v. Gore. I certainly haven't heard the MN court provide a ruling that they said was only applicable to this case and can't be applied in the future.

(You wanted a pithy comment, you got it, glad to oblige ya there, 9...)

reform4's picture

Oh, and Happy New Year to yeh

Anonymously Nine's picture

Likewise...

Happy New Year

Johnny Ringo's picture

I'm gonna run a betting pool

I'm gonna run a betting pool for how long it takes Franken to punch somebody.

MDB's picture

Was Franken the one who gave

Was Franken the one who gave Andy "The Last Name is Quite Appropriate" Dick a well-deserved punch?

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

MDB's picture

Mea saurus, mea saurus, mea maxima maxima saurus

My bad -- Jon Lovitz was the one who punched Andy Dick, who still deserved it.

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

F-Stop's picture

I wonder why the Republicans

I wonder why the Republicans never ran Larry The Cable Guy?

MDB's picture

Warning: This is so catty I should go get a saucer of milk

I wonder why the Republicans never ran Larry The Cable Guy?

He's too intellectual?

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

Nobody's picture

Ok, so I know it is fun for you all

But do you seriously believe this idiot belongs in the Senate ? And the recount has been a joke. How do you defend these strongarm tactics ?

R. Neal's picture

Yeah, it's almost as crazy

Yeah, it's almost as crazy as Ronald Reagan as President, or Hulk Hogan as Governor of Minnesota (or was that somebody else?), or Sarah Palin one heartbeat away from the presidency.

MDB's picture

Hulk Hogan as Governor of

Hulk Hogan as Governor of Minnesota (or was that somebody else?)

That was Jesse "The Body" Ventura.

Actually, he started out as an interesting politician, as I remember. A sound centrist, liberal in some ways, conservative in others. The problem was it seemed that as soon as being Governor got tough, especially since neither party in the legislature liked him, as he was elected as an independent, he lost interest in the job.

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

Anonymously Nine's picture

Recount may not be the correct word...

And the recount has been a joke.

There has to be a better word than recount. Maybe revote?

(link...)

Mr. Franken started the recount 215 votes behind Senator Coleman, but he now claims a 225-vote lead and suddenly the man who was insisting on "counting every vote" wants to shut the process down. He's getting help from Mr. Ritchie and his four fellow Canvassing Board members, who have delivered inconsistent rulings and are ignoring glaring problems with the tallies.

Under Minnesota law, election officials are required to make a duplicate ballot if the original is damaged during Election Night counting. Officials are supposed to mark these as "duplicate" and segregate the original ballots. But it appears some officials may have failed to mark ballots as duplicates, which are now being counted in addition to the originals. This helps explain why more than 25 precincts now have more ballots than voters who signed in to vote. By some estimates this double counting has yielded Mr. Franken an additional 80 to 100 votes.

redmondkr's picture

But do you seriously believe

But do you seriously believe this idiot belongs in the Senate ?

Aren't you forgetting the neocons' sock puppet, the man Lawrence Wilkerson called a "Sarah Palin-like president", the man who is scheduled to perform his greatest service to America in a few days by flying back to Texas?


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Bbeanster's picture

Kenny shoots, scores!

Kenny shoots, scores!
NOBODY who voted for Dubya should ever, ever, ever have the right to call anybody an idiot.
Unless they're trying to prove that it takes one to know one.

Factchecker's picture

Nixon's mole

Franken's no idiot. The same can't be said for GOP celeb politicians like Ahnult or Sonny Bono. And I wouldn't have thought of Fred October as an idiot until his lamer than lame run last year to be the party's next Ronnie. He showed he had only been acting smart all these years.

Factchecker's picture

Get over it

By some estimates this double counting has yielded Mr. Franken an additional 80 to 100 votes.

Even if true, Franken would still have won, no? 225-100=125. But even if Franken's lawyers snuck this one away, it wouldn't be a fraction as egregious as what Duhbya, Jeb, Katherine Harris, and the GHWB Supreme Court did in 2000, with major aid from its "recount" dream team supplied largely by Enron.

Anonymously Nine's picture

So when you see...

Even if true, Franken would still have won, no? 225-100=125.

manifest election fraud you take the simple approach and say ,"Well, Franken is still ahead"?

How much election fraud does there have to be?

This is a case where a special election is in order.

reform4's picture

Oh, come on...

.. there are inconsistencies and (therefore by your definition) 'voter fraud' in just about every election. All this high tech equipment and procedures are run by people, who either make mistakes or use their position to skew the vote. That's why we have poll watchers, and believe me, we were running to and fro last November to resolve problems.

Do we ever ask for a special election when we see (ahem, I can't even say it, it's so absurd) 'manifest voter fraud'? No, because most of the time, it's statistically insignificant.

In the case of MN, it's no longer statistically insignificant. But it's also incorrect to say that because Franken only won by 125 votes (taking out the ballots you object to), we should redo the whole thing.

To quote the GOP in early 2001, if Al Franken is certified the winner (even if by a court decision alone), you should all shut up, quit being sore losers, get behind and support the elected Senator from Minnesota. If not, you're unpatriotic and you hate America and what it stands for.

I know, that shoe will never fit on the other foot, but you gotta try...

Anonymously Nine's picture

Too many problems...

In this case their should be a special election. The duplicate ballots almost demand a special election. How can anyone trust this particular process?

Andy Axel's picture

(dot dot dot) ...since the

(dot dot dot)

...since the "process" failed to yield a Republican victory?

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Anonymously Nine's picture

Try again

...since the "process" failed to yield a Republican victory?

The duplicate ballots almost demand a special election. How can anyone trust this particular process? It has been compromised.

It seems government has money for everything else. Why not a special election?

Andy Axel's picture

Try again That's what the MN

Try again

That's what the MN GOP wants.

Norm Coleman = Sore Loserman?

____________________________

Dirty deeds done dirt cheap! Special holidays, Sundays and rates!

lovable liberal's picture

Show me

What duplicate ballots? Show me. They're all on line. Show me the #@()*$#)( duplicates. Put up or shut up.

Liberty and justice for all.

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Rachel's picture

Nate Silver deconstructs the

Nate Silver deconstructs the WSJ piece.

lovable liberal's picture

Show me the duplicate

Show me the duplicate ballots. Every challenge is on line. Go find them - or get the Coleman campaign to find them - or you're just farting out your mouth.

In 2000, Republicans accused Democrats of wanting to depart from the law to put a Democrat in office. Exactly the opposite was true. Here it is again.

I think the law would be better if it called for a resolution of statistical ties by a clearer process, but that's not what the law is.

Liberty and justice for all.

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lovable liberal's picture

Evidence

If you have evidence of fraud (or can get anything that looks like evidence from the Coleman campaign), by all means present it. That would matter to me.

Your bloviations about fraud with nothing to back them up? There's a bullshit surplus, left by Duhbya and his cronies. Stop adding to it.

Liberty and justice for all.

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Concerned Taxpayer's picture

I hope he wins. I do

I hope he wins. I do because then it will be time for him to put up or shut up. It is one thing to make a living as a comedian mocking public figures but as a US Senator, Mr. Franken will actually have to either earn his keep and do some good work or be a one-term Senator. What the GOP fails to see is that it is a win-win scenario for them in that if he is the Senator and does a good job then great for his State and the Union. Then if he bombs it will about guarantee that a conservative would win when Franken is up for reelection. Besides, he really would be a change and perhaps he can use his amicable skills to be a good US Senator. One never knows but what he will win, get into office, and then it hit him that he will want a good legacy and he turns out to do a great job.

Rachel's picture

Franken's no idiot. On the

Franken's no idiot. On the contrary. His problem is that the persona appropriate for a professional comedian is different from that appropriate for a Senator. So we'll see how he does.

As for the recount, you guys need to stop reading the WSJ editorial page. They neglected to mention that the state canvassing board is bi-partisan, and almost every one of their decisions have been unanimous. Minnesota has a reputation for clean elections, and this one's no exception. Stop smearing their good name (and I would say the same thing if Coleman had ended up on top).

lovable liberal's picture

Amen to that

I wouldn't use the WSJ ed page on my ass for fear that its slurs and smears would leave more dingleberries than when I started. (The rest of the paper is quite good.)

Liberty and justice for all.

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Factchecker's picture

Newsflash: 9 calls scandal!

They neglected to mention that the state canvassing board is bi-partisan, and almost every one of their decisions have been unanimous.

And that both camps agreed to the rules throughout every step of the recount.

This is a case where a special election is in order.

Ha! For you, that's as good a confirmation of fairness as there could be. And oh, did you call for that for the presidential race in 2000?

lovable liberal's picture

Rhetorical answer

Hell, no. That was too important for even a week's delay to get it right.

Liberty and justice for all.

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rikki's picture

This election proves that

This election proves that optical-scan, "fill in the bubble" ballots are crap. Reliable voting devices exist, yet states and counties continue to purchase unreliable models. Forget voter intent, what is the intent of election officials? All of this should have ended after a tainted and undeserving President was anointed in 2000, but it has only gotten worse.

Tennessee is switching to optical-scan ballots in the coming years, right?

lovable liberal's picture

Low error rate

I don't agree. This election in fact proves the exact opposite. Among roughly 2.5 million ballots cast, the campaigns challenged about 6700 - less than an 0.3% alleged error rate, which is waaay lower than many traditional forms of voting, maybe even including an initial hand-count of paper ballots. The Minnesota recount even included lots of ballots whose voters, couldn't follow directions but did clearly express their intent. Most of the challenges were bullshit anyway.

The problem with the Diebold optical scan is not in the scanner; it's in the hackability of the system. Even so, the paper ballots are still there to be hand-counted if necessary.

Liberty and justice for all.

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rikki's picture

less than an 0.3% alleged

less than an 0.3% alleged error rate

That is better than some of the crappy machines and not as good as others. We don't even need to settle for 0.3 percent. We can do it right. The machines we have right now are highly tolerant of not just low dexterity, but outright disability. Blind, degenerating muscles, whatever obstacle to voter intent might afflict you, the Hart Intercivic machines used in Knox, Blount and other TN counties allow you to select the candidate you want.

They can be attached to a printer to generate a permanent, voter-verified receipt, and you would have unambiguous recounts.

lovable liberal's picture

Receipts are useless. How

Receipts are useless. How would you ever prove anything with one besides that you voted? Any tagging of your actual vote would violate ballot secrecy, at least potentially. Receipts are a feel-good measure, cheaply implemented but of no value in getting to the answer the voters intended.

Or did you mean that they generate actual ballots? A permanent physical record retained by the precinct and regarded as the actual legal vote is the only truly recountable voting method. Storage of a vote record solely on electronic media is an invitation for fraud.

There are machines for the infirm that do just what you ask for. Yes, most of the scribble marks on the Minnesota ballots that were challenged in the recount appear to come from voters without enough dexterity to fully control a pen, and those voters ought to have access to machines that generate compliant ballots. In fact, under ADA, they do have the legal right. We ought to enforce it.

There were also a few ballots in the Minnesota recount that appeared to show vision problems.

But I don't know anything about the Hart Intercivic machines, and I'd like to. Can you point me to any resources, sample ballots, or feature descriptions?

Liberty and justice for all.

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rikki's picture

Or did you mean that they

Or did you mean that they generate actual ballots?

Yes, that's what I was trying to say, a permanent, physical record of the vote that could be used in a recount.

Here is the Verified Voting Foundation description of the eSlate machine and the company website and their Flash demo. I did an article on these machines when Knox Co chose them, and one of the people I interviewed was a woman who specializes in access for the differently abled. She was singing the praises of these machines, and they can apparently be hooked up to a mouth tube like Stephen Hawking uses.

They are not perfect, but the eSlate seems to have a winning interface. Our local machines are not actually fitted with printers, but they can be. Software verification ought to be part of a truly reliable system.

MDB's picture

From an Engineering Perspective

Software verification ought to be part of a truly reliable system.

Speaking as a software engineer, I can say that 100% verification -- literally, exhaustively testing every possible thing a given application can do -- is considered impossible. Modern systems are simply too complicated to do that. I was told once that there was only one software system that was ever 100% verified, and that was the software used for the moon landing. In terms of complexity, that was an incredibly simple system. It was probably on the same level of complexity as the software than ran late Seventies hand held electronic games.

Now, that doesn't mean software shouldn't be written properly, of course. Good programmers write error-tolerant code. Taking voting systems as an example, a good programmer would present a message to the user if he, say, tried to vote for both McCain and Obama. A somewhat lazy programmer would assume he switched votes when the second vote for President was pressed. A sloppy programmer would cast one vote for each. A really bad programmer would count that as a vote for Bob Barr.

Error tolerant just doesn't mean handling bad user input, either. It also means handling system issues. If the voting machine can't connect to the database, it should try a few times, and then give up, telling the voter to contact an election official. A bad programmer would just have the machine keep trying forever without a message. A really bad programmer will just ignore the problem and discard the vote.

Note that in both cases, my hypothetical "really bad programmer" probably works for Microsoft isn't intentionally causing those results; he's just being incredibly sloppy and not checking to see what happens to his code when unexpected events occur.

This is the reason that the code for a voting system should be open to the public. Yes, the vast majority of people couldn't make heads or tails of it. But there are people who can, and believe me, there are very bright people in the high tech community who would be happy to inspect Diebold (or whomever's) code. (Not that I'm volunteering. I'd probably find it fascinating, but I also doubt if I'm good enough.)

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

R. Neal's picture

Good explanation. In my

Good explanation. In my experience, 80% of the code I have written is "defensive."

rikki's picture

I'm just talking about

I'm just talking about checksum verification to make sure the software that's supposed to be running is what is actually running. Ideally the software would also be open source so those with the inclination can test/improve/secure the code, but basic checksumming is all you need to prevent tampering.

R. Neal's picture

Lovable, the Knox Co.

Lovable, the Knox Co. Election Commission has this page with info, including an interactive demo:

(link...)

I did some pretty extensive research into these things, which included obtaining software manuals from the Black Box Voting website. Overall they seem well-designed and pretty reliable. The dial-a-vote interface is a little less intuitive to operate, but provides more accurate registration of voter intent than a touch-screen and doesn't require constant calibration.

I was looking into them after a problem with a Knox Co. election a couple of years ago, in which heroic efforts (Hart technicians flying in to transplant memory chips into another machine) were required to obtain early votes from a failed controller.

The initial problem was a cover hinge part or something that dropped onto the motherboard and shorted it out. And although the data is stored in three places, the problem was compounded by operator error when the replacement controller was installed.

As I recall, they went through the normal election day startup on the replacement controller, which reset all the backup votes in the individual terminals and the controller flash memory card as you would want and expect it to do for the start of "live" voting (i.e. clearing out any test/audit/verification votes).

They were following startup procedures, but the procedures apparently didn't allow for the possibility of needing to replace a controller mid-election.

lovable liberal's picture

Something else about the

Something else about the error rate: The voters were responsible for the overwhelming majority of errors by their failure to follow instructions.

Liberty and justice for all.

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R. Neal's picture

Tennessee is switching to

Tennessee is switching to optical-scan ballots in the coming years, right?

Yes, in time for the 2010 elections.

And honestly, I haven't been following all the details of all the ballot disputes in MN. Can you elaborate on why this is an indictment of optical scan ballots? They seem like the perfect balance between machine-readable efficiency and human-verifiable confidence.

I guess there are always people too addled or feeble to mark any kind of ballot correctly, though.

rikki's picture

I guess there are always

I guess there are always people too addled or feeble to mark any kind of ballot correctly, though.

Exactly. Some people think you are supposed to put an X through the circle, and some lack the dexterity to stay within the lines. The most controversial MN ballots have both a filled in circle and an X through it. Was the X intended to cancel the vote or emphasize it? In some cases there were marks for other candidates, other times not.

According to some reports, the canvassing board was inconsistent in interpreting such ballots, but given the transparency of the recount process, I tend to doubt the credibility of the reports. I would love to see some analysis of this recount process from a voting rights advocacy group.

I agree with MDB (or was it LL?) about voter-verified paper receipts being a critical component to a reliable system, and we should also demand open-source, checksum-verified software.

MDB's picture

My voting machine solution

This is the idea I've had for voting machines. Feel free to point out flaws.

Use an electronic touch screen system that connects to a centralized database. That allows nearly instantaneous returns.

However, the machine also prints out a machine readable paper ballot that the voter turns in to election officials. It also includes a human readable summary, and it is the voter's responsibility to make sure it is accurate. That ballot is the official vote; the electronic record is merely an "early return".

Once the polls close, the electronic ballots are fed into the scanner, and the official tallies are determined. For recounts, the human readable part is used.

Its certainly not a perfect system, but it does seem to combine the advantages of both electronic and paper balloting.

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

reform4's picture

That makes sense...

.. which is why it will never happen. :)

lovable liberal's picture

Much of this exists now with

Much of this exists now with this exact optical scan technology. I've used a touch screen voting machine from the same product line whose output is a paper ballot. Its intended user is someone who's too infirm to get the ovals filled correctly. I used it because the deputy warden at my precinct is a friend, and she asked me to give it a whirl. In the long run, it would be useful to extend these machines to all voters, but they are more expensive.

It's good but not perfect: The machine asked for confirmation, probably too often. I didn't test undervote or overvote detection, but that could be a benefit of touch screen systems. The output was very slow to generate on the ballot and registration was not perfect but good enough. The defects should be addressed, and there's no technical reason they can't be.

There's no good reason to separate the machine readable ballot from its human readable content. One version of the truth is better.

Keeping such a machine off any network is better. There's less exposure to hacking that way. Instead, the voter takes the generated ballot to the scanner, and it tabulates the votes. There's no reason I can see to release totals before the polls close, but this makes the count available shortly after closing time. There is some reconciliation the poll workers should have to do (e.g. total voters vs. total ballots) before releasing even unofficial results.

As far as I can see, this is the gold standard of current voting technology - at least that I'm aware of. I told my town's Town Clerk just that.

But I am assuming conscientious physical control of memory cards and counting machines.

Liberty and justice for all.

My home

MDB's picture

The most secure voting system...

... is also the most inefficient: hand marked ballots counted by hand, by a bi-partisan team of judges. The disadvantage is obvious: its incredibly slow.

Or, as I heard it said once, "the opposite of security is convenience."

After Pope John Paul II passed away, I read an analysis of the system used for voting in papal conclaves, written by noted security consultant Bruce Schneier. The details are far too elaborate to go into here, but suffice it to say that there are numerous steps taken to insure that both the voting and counting are honest. Its also very low-tech, as much of it dates back to the Middle Ages, if not earlier. Its impractical on a large scale, of course, but its a very interesting way to implement a vote.

"I'm not a member of any organized political party. I'm a Democrat." -- Will Rogers

Up Goose Creek's picture

Errors

Well that's to be expected and should be planned for. After all ours is a democracy for everybody, not just those who can follow instructions.

____________________________________
"Whoever corrects a mocker invites insult; whoever rebukes a wicked man incurs abuse."

bizgrrl's picture

Exactly!

Exactly!

rikki's picture

If memory serves, literacy

If memory serves, literacy tests for voters are forbidden in this country.

Bill Lyons's picture

No Literacy Tests

That is correct. Literacy tests were eliminated by the Voting Rights Act of 1965.

Andy Axel's picture

Literacy tests were

Literacy tests were eliminated by the Voting Rights Act of 1965.

...paving the way for the wild success of Rush Limbaugh in the late 80's...

____________________________

Dirty deeds done dirt cheap! Special holidays, Sundays and rates!

lovable liberal's picture

Paper ballots filled out

Paper ballots filled out with pens, then?

Don't mistake me, I don't mean the votes of those who are, uh, unfamiliar with how to vote shouldn't be counted. But I do think optical scan proved its abilities in Minnesota. With the addition of the existing ballot-inking machine for the infirm, the optical scan technology would be even better.

Teaching everyone who doesn't know how to fill out a ballot is harder, but it usually doesn't matter. When it does, as in Minnesota, a hand recount is still the way to go, and optical scan ballots are suitably readable both by machine and by eye.

Liberty and justice for all.

My home

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