Legislature set to gut recount law: Not a problem

The Wisconsin legislature is set to amend state elections law pertaining to recounts under s.9.01, Wis.Stats, in a way that makes no sense with respect either to partisan interests or to election integrity.  The only thing that can be motivating the proposed provisions of Senate Bill 96 is a child-like trust in the reliability of the computers inside our voting machines.

Under both current law and the proposed amendment, any candidate can request a recount, but they are required to pay the cost of the recount unless the margin of victory is small. Under current law, election officials will recount the preliminary results at no cost if the computers tabulated a victory margin less than one-half of one percent, and candidates must pay $5 per ward if the margin is between 0.5% and 2.0%. If the computer output gave the victor a margin of more than 2%, the loser must pay the full cost of any recount.

Under the proposed legislation, election officials will perform recounts at no cost only if the margin is less than 0.25%. Candidates will have to pay the actual cost for all other recounts, although the cost of the recount will be refunded if the recount overturns the preliminary results.

Although this legislation is being sponsored and promoted by Republicans--Senator Devin LeMahieu of Oostburg and Rep. Joan Ballweg of Markesan--Republican candidates are just as likely to be hurt as any other candidates—perhaps more likely, depending upon who you assume is most willing and able to commit electronic election fraud.  

And the legislation will hurt every citizen who cherishes our freedom to exercise our right to self-government, regardless of party affiliation. Here’s why:

Computer glitches, human programmer errors, and electronic malfunctions have no partisan loyalties. They will hurt Republican candidates just as readily as any other.  As we recently saw in Stoughton, where dust bunnies voted on 1.27% of the ballots cast in one precinct, electronic tabulation can be off by more than 0.25% simply by virtue of random, unpredictable malfunction. The Medford miscount of 2004--believed to have been an inadvertent programming error but never actually investigated, as miscounts never are--disenfranchised every voter who chose the straight party ticket, about a third of the voters in that presidential election! Errors of this type are not scandalous or surprising; they are occasionally unavoidable and should be anticipated whenever we use computers.

In addition, experts in elections technology will tell you that, depending upon ballot design, as many as 0.5% of the voters’ marks will be unreadable by optical scan machines, although voter intent may be obvious to human eyes. The clearest example of this I ever saw was a would-be Republican voter who drew a circle around each Republican candidate’s name, though never straying into the area where he or she should have recorded the votes. The machine saw nothing but white space, but any human eye could easily discern an intended vote for every Republican on the ballot. Without a recount or an audit, those Republican votes were completely lost. Again, non-scandalous, non-partisan, and an entirely predictable event when using computers.

Finally, we come to the issue of hacking. Dollars to doughnuts, the Republican sponsors of this bill believe that Republican candidates are more likely to be targeted by hackers than other parties’ candidates. Look at 4Chan; look at Anonymous. When and if they target Wisconsin elections, who are they going to go after? There must be hundreds, maybe thousands, of left-wing techies with the ability and willingness to hack into the companies that program Wisconsin’s voting machines.  

On that inevitable day when they find their way into Wisconsin’s vote-counting software, SB 96 will make it more likely they will escape detection.  Under current law, hackers need to flip only 1% of the Republican vote in a toss-up election to create a 2% victory margin that puts the results outside the recount margin. Under the new law, hackers will need to flip only 5 out of every 4,000 Republican votes to prevent anyone from demanding a recount and detecting the theft of a hard-earned, expensive Republican victory.

However, I am not going to put any effort into opposing this legislation. Not because I want to protect Republican candidates or those of any other party, but because I don’t think recounts are very useful for election integrity even under the current law.  

Wisconsin’s self-governing citizens shouldn’t have to demand, election by election, that our government check the output of our voting machines' computers for accuracy, and we certainly shouldn’t have to pay extra for it when we suspect a computer error might be larger than 0.25%. Your bank doesn’t wait for you to demand an audit before it audits its computers’ output, and certainly doesn’t limit its audits to instances when only tiny errors are suspected. And then it gives you a statement so that  you can check, too.

Your grocery store audits the output of its scanners without its customers paying extra for that safeguard. And then it gives you a receipt, so that  you can check, too.

Wisconsin citizens don’t have to demand and pay for verification of the DOC computer output that keeps track of criminals on probation and parole--DOC employees do that as part of their job. Wisconsin school boards don’t have to demand and pay for double-checking of the output of the computers that calculate school aids--DPI employees and legislative employees do that routinely.

Responsible public managers, like responsible business owners, check their computers’ output for errors—both tiny and large—as routine, prudent IT management. When the computers are deciding who will govern us, there is no sensible reason why the burden is on voters and candidates to demand and pay for checks of the computers’ accuracy.

What Wisconsin needs is what 20 other states already have, and what every national elections-administration and information-technology expert has recommended from very inception of electronically counted election results: Routine (that is, after every election) post-election verification of electronically tabulated voting-machine output before those preliminary results are certified as final.

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Stoughton Miscount Update: Unregistered Dust Bunnies Are Voting in Wisconsin Elections

IVotedDustBunny.jpgAfter the polls closed in Stoughton, Wisconsin last November 4, workers in three of the city’s four polling stations were surprised to see their voting machines had counted no votes for a municipal referendum. A different puzzle confronted the poll workers in the fourth polling station. In a precinct where 1,255 voters had cast ballots, the output tape indicated the machine had counted 16 votes (9 no, 7 yes.)

The main problem was rapidly diagnosed as a set-up error that sent all four ES&S DS200 optical scanners looking for referendum votes in a blank section on the back of the ballot, rather than in the ovals that voters had filled in. Had the error simply looked for 'yes' votes in the 'no' spot and vice-versa, the referendum would have failed and no one would ever have noticed the mistake under Wisconsin's current, ineffective post-election audit policies. However, because the error was so dramatic, a prompt hand count revealed the true results, which were certified on schedule.

But the mystery of the 16 votes remained. It was not possible that the optical scanners could have recognized 16 actual votes and ignored the rest.  Those were phantom votes, cast by no one. What caused them?

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The Stoughton Referendum Miscount

Four months ago, on July 7, citizens in Stoughton, Wisconsin presented their city clerk's office with petitions bearing enough signatures to get a Move to Amend referendum on the November ballot. City voters would be asked if they wanted a constitutional amendment overturning Citizens United--that is, putting an end to corporate personhood rights and the notion that money is constitutionally protected speech. This same referendum has been racking up 75-80 percent of the vote in other communities around Wisconsin.

Last Tuesday, nearly 5,350 good citizens of Stoughton went to the polls. If you believe the city's voting machines, exactly 16 of them had an opinion they cared to express on the matter. The rest thought "Whatevs" and left the referendum blank. 

Fortunately, no one believes the city's voting machines. The municipal canvass board wisely declined to certify those results and will instead hold a public hand count on Monday, November 10.

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Did a Tea Party hacker defeat Eric Cantor? We can never know.

Cantor.jpg(Don't miss the update at the end of this post)

Coverage of Eric Cantor’s defeat in Virginia’s 7th Congressional District primary provides one of the most dramatic displays of psychological denial you are ever likely to witness.

After declaring the 56%-44% results to be “astonishing”, “a shocker”, “stunning”, and “historically unprecedented” the pundits go on to make dozens of guesses about how unknown Tea Party challenger Dave Brat knocked off the sitting House Majority Leader.

But if you check the dozens of hypotheticals floated by the New York Times, the Washington Post, CNN, on and on, —you will find no mention of the possibility of electronic miscount.

The pundits grasp at every straw--except one. Maybe Cantor's support for immigration reform doomed him. Well, no, most of the 7th District voters support reform. Okay, maybe a crossover Democratic vote? Over-confident Cantor voters staying home? No evidence of those, either. It certainly wasn’t that Brat spent more money. The Tea Party itself didn’t invest in that race. Pundits offer dozens more guesses; you can peruse some of them here, here, and here

What is never discussed--not even mentioned--is a possible electronic miscount—something that has already happened in many elections elsewhere and that IT professionals consider a routine occurrence, given the inadequate IT management practices of America’s election officials.

Is any pundit so naïve and trusting to think that not even one Tea Party sympathizer (it would take only one) has the ability to hack rural Virginia’s electronic elections technology?

Virginia (like most other states, including Wisconsin) treats the vote-tabulators as if they were Greek Oracles, providing raw output too sacred to be questioned or reviewed by mere humans before it is acted upon. Brad Friedman, a national commentator who concentrates on voting machine integrity, reports that 60 percent of the votes in Cantor’s primary were cast on touch-screen voting machines designed to leave no auditable record of the votes cast on those machines. (That type of machine is illegal in Wisconsin.)

Got that? If a hacker succeeded in tampering with the vote-recording or vote-tabulating software in those machines, the truth cannot now be discovered. Would-be hackers know this, even if the pundits, journalists, and voters willfully refuse to look under that particular rock. 

If any other IT system had produced such dramatically unexpected output, there is ZERO chance that the possibility of electronic miscount would be ignored.
In fact, the possibility of computer error would routinely be investigated before any other explanation was even considered.

Why this willful blindness when it comes to vote-counting computers?

Your guess is as good as mine. My most charitable guess is that political journalists and pundits are not inclined to lead the national discussion into areas they know little about, which include elections administration and prudent management of information technology. 

But it’s hard to be charitable when the pundits know enough about IT management that they’d immediately recognize a scandal if a grocery store chain had no way to verify the accuracy of its checkout scanners. Can you imagine the headlines if a bank set its ATMs up to be completely unauditable? It's so irresponsible and careless as to be unthinkable--for banks. For elections, it's accepted as normal.

This surprising result in Virginia provides a perfect opening to educate our fellow citizens. Chances are, in the next couple weeks, each of us will find ourselves in discussions about Eric Cantor’s defeat. Use the opportunity to point out the common sense about prudent management of elections technology:

  • Point out how ridiculous it is that elections are the one and only application of computer technology in business or government where major, consequential decisions are made on the basis of unaudited--often unauditable--computer output.
  • Point out that our voting machines are programmed in secret by private vendors, who are accountable to no one for their IT security procedures.
  • Point out that the voting machines are managed by local elected officials, none of whom is required to have any specialized expertise in IT security.
  • And above all, point out that the output of those poorly managed computers is nearly universally certified as our final election results before being checked for accuracy, and rarely verified even after that.

Make sure they understand that with our current lack of post-election audits, we can never know whether anyone hacked Virginia’s 7th District primary.

And that's actually than knowing it had been stolen. At least if we knew that the election had been rigged, we could fix it. But if we have no way even to notice fraud when it occurs, we will keep pouring effort into ineffective pre-election security measures while those who have figured out how to steal our elections will be the only ones who know the truth.

Update, June 2015: Less than a year after Cantor lost his seat, poll workers in one Virginia polling place noticed that voting machines would crash whenever someone tried to download music using an iPhone. The investigation was wisely taken away from the election officials and given to the state's IT office. It resulted in emergency decertification and replacement of the machines. Investigators determined, too late for Eric Cantor, that Virginians had been voting on "the worst voting machine in the US." 


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It happens all the time: Interview with the consultant who discovered the Medford miscount

I’ve told the story of the 2004 Medford, Wisconsin election miscount often enough that I figured it was time to call the people involved and get some first-hand details. Fortunately, the principals are still on the job: Bruce Strama is still Taylor County Clerk, despite having had to deal with what must be a clerk’s nightmare: telling more than 600 of his most partisan constituents he hadn’t counted their votes. The vendor had misprogrammed Medford’s voting machines to ignore straight-party-ticket votes on the November 2004 ballot, which included a presidential election. Strama didn't discover the problem, though. We can credit Mark Grebner for that, who is still with the political consulting firm that first noticed the anomaly while using Taylor County's election records to compile voter lists.

Medford-piecemissing.jpgSo I looked up Grebner’s firm, Practical Political Consulting, on the Internet and emailed him. I told him we were using his story as the opening attention-getter in our road show, and that I’d like to ask a few questions about his experience in Medford in March 2005. (That’s when his staff had noticed the previous November’s election results seemed to indicate that hundreds of Medford voters went to the poll only to cast unmarked ballots.)

About two hours later, my phone rang. I thanked him for calling back so quickly.

“Well, it wasn’t that quick,” Grebner said. “I had to look back through my emails to remind myself what happened in Medford.”

“Wow,” I replied. “If I’d discovered such a major error, I’d surely remember it!”

“Oh, this kind of thing happens all the time,” he said. “The details are always different, but there’s an endless number of ways the people who run our elections can botch them up. Every election has something.”

I glanced at my prepared questions and slid them into the wastebasket. Lordamighty, the guy who makes his living working with election records doesn’t even remember what I had considered a jaw-dropping discovery! Fortunately, I didn’t need to come up with new questions; Grebner was eager to talk.

“You want stories? I can tell you lots of stories.” he continued. “Everybody finds different ways not to follow the instructions.”

His firm has done most of its work in Michigan. They work with election records to create lists of voters’ names and addresses. Political campaigns use these lists for purposes such as sending flyers to only those homes where residents are likely to vote.

He recalled a precinct in Detroit that had a problem worse than Medford’s. Poll workers believed that ballots were to be inserted into the optical scan machine face down, but the machines were spitting them out. They called the city clerk’s office and were told to push the override button and insert the ballot again. That made the machine accept the ballots. The override button was pushed for every ballot cast that day. Problem solved.

Solved, that is, unless your definition of ‘solved’ includes counting the votes. The real problem, Grebner said, was that the voting machine could read ballots only if they were inserted face up.

TextBox.jpgBut not the only real problem, I thought. Another real problem is that no one noticed a precinct with zero votes until a political consultant came through to compile voter lists long after the election was over. But Grebner was already on to the next story.

Ottawa County, Michigan used the old lever-type machines, which fell out of favor because they required so much maintenance. They also didn’t create a record of every vote, but merely tracked the total in the same way mechanical odometers do. When you pulled the lever, your candidate’s total clicked up one vote.

The area is intensely Republican, Grebner explained, so in line with its desire to provide small, cheap government, the county board cut the clerk’s budget, and the clerk stopped maintaining the voting machines. Never mind that one machine lost the ability to roll the total over to 200. It would count the first 199 votes, jam up, and count no more.

“This didn’t hurt any Democratic candidates,” Grebner explained. “They never got more than 199 votes anyway. But you could see the Republican candidate always getting exactly 199 votes.” Grebner’s staff found the anomaly went back several years.

They informed the city clerk of the problem, assuming the usual: that no one had noticed before. Uh-uh. The clerk told them he'd known about it for a long time, but had done nothing. His attitude was, “If the county board wants the voting machines to work, they can restore my budget.” (Grebner assured me a call to the state elections board was taken more seriously.)

“You want more stories? I’ve got dozens,” Grebner offered. I’d pretty much caught his drift, so we went on to talk about why.

“Think about it,” he said. “In Wisconsin, you have what—1,800, 2,000 election officials?”

“In 72 counties, we have 1,851 municipalities responsible for administering elections,” I replied.

Think of how they’re trained, he said. Think of how they’re paid. What kind of supervision and oversight do they get? (In Wisconsin, the job of town clerk is often not even a full-time job, but I didn’t tell him that.)

“Each one can get his own idea of how things should work and stick with it,” Grebner said. “Who is going to know any different? Who is going to set them straight?

“The poll workers may be well-intentioned, but they don't always get selected for having good sense,” he pointed out.

“It’s ridiculous that I should be the one catching the errors. We should be counting our votes at least as well as we count money. Can you imagine if the Department of Corrections wasn’t sure how many inmates we are confining and how many we have released? If the Department of Administration couldn’t tell you how many state cars we own?

“Recounts always find errors, and no one blinks. It’s accepted. How long would a bank teller keep her job if her till was off by a few dollars every time someone checked?”

I asked if he was among those who believe we should dump electronic elections technology and go back to publicly hand-counted paper ballots.

The problem isn’t the machines,” he said. “Banks use machines for everything they do and we don’t mind. That’s because the banks don’t implicitly believe whatever their computers tell them. They check. They audit.”

“Votes are treated like they just don’t matter,” he continued. “It’s true in every state. It’s just not that important to get it right.”

*  *  *

This conversation certainly provides support for our campaign for post-election audits. It also gave me a lot to think about. In my experience, I’ve noticed only a few—a very few—Wisconsin election clerks who give the impression they don’t think it’s important to ‘get it right.’

The key to understanding this from the clerks' point of view, I suspect, is understanding what the ‘it’ is that they want to get right. In every election, there are hundreds of details clerks must get right—follow the latest registration law, make sure every name on the ballot is spelled correctly, make sure the polling place is accessible, that all the right notices are hung in the right place…on and on and on. Wisconsin’s election laws, regulations, and instructions prescribe dozens of processes our elections clerks must get right.

Unfortunately, our statutes contain no requirement to get the results right. Our current laws give that responsibility explicitly to no one. With computerized vote-tabulation, no matter who you are, getting the count right is someone else’s job—arguably, it's the vendor’s software programmer, but who knows who that is?

The scandal isn't that mistakes are being made. That's predictable. The scandal is that we've provided no one--including our election officials--with the responsibility to look for, find, and correct those mistakes.

Imagine a cargo-plane crew who have responsibility for a lot of complex, important tasks:  making sure the plane is maintained, fueled, and fully operational; loading the cargo correctly; and taking off and landing on time.

But the destination? Imagine that no human ever looks at the address labels on the cargo containers. A computer reads the labels as the containers are loaded and feeds the data to a navigational computer. The crew merely links the navigational computer to the autopilot and stands back. They’ll learn the destination when they get there. 

What airline could guarantee the correct delivery under those circumstances? This imaginary airline could at least count on the sender to notify them if the goods were delivered to the wrong recipient. But if it’s an election victory that is being delivered, the shippers—we, the voters—don’t know the correct destination any more than the flight crew. We can’t help them out. Neither they nor we will ever know if our votes were delivered to the correct candidate...unless the results are routinely verified.

Getting the totals right is common sense. It’s what we all want. It’s not that hard.

But as much as both we and our election officials want to get votes counted accurately, verifying the totals is not among the many things our system is currently designed to do. We need to fix that.

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