Monday, December 17, 2007

PRESS RELEASE: VCC Joins Amicus Brief in Federal Election Lawsuit

PRESS RELEASE: FOR IMMEDIATE RELEASE

Contact: Dave Berman, 707-845-3749 or info@VoterConfidenceCommittee.org

Voter Confidence Committee Joins Amicus Brief in Federal Election Lawsuit
Election Integrity Advocates Urge Court To Order Hand Count In Next Presidential Election

12/17/07 - Humboldt County election watchdog group The Voter Confidence Committee (VCC), together with more than 30 other election integrity groups and advocates from coast to coast, have joined an amicus brief filed just prior to Friday's deadline in the case of US v NY State Board of Elections (Case # 1:06-cv-263). The Department of Justice is suing New York State to compel compliance with the federal Help America Vote Act (HAVA) passed in 2002.

The amicus cites multiple legal precedents defining the right to vote as not only including the right to cast a ballot, but also to see the ballot fairly received and counted. Submitted with the brief is overwhelming evidence that electronic voting systems are not only error and manipulation-prone, but also unconstitutional in their secrecy of operation. The amicus argues hand-counting paper ballots is HAVA compliant, and urges the court to order the two federal races (President, and US Representative) on New York's ballot next November to be hand-counted.

New York Attorney Andrea Novick of Election Defense Alliance (EDA) filed the brief, tentatively scheduled to be argued in United States Federal Court in Albany, NY on December 20 by EDA Attorney Jonathan Simon. Simon called the brief "an opportunity to offer an alternative solution that moves away from disastrous experiences of other states’ use of secret, computerized electronic vote counting equipment."

The brief offers over 200 pages of supporting documentation -- including evidence and analysis of outcome-determinative electronic vote mistabulation, as well as guides, tools, and detailed instructions for hand counting -- prepared and submitted by election reformists from a broad spectrum of organizations. Novick saluted the "cooperation and enthusiasm displayed by our colleagues across the election integrity spectrum" in preparing these critically important documents for the court.

The VCC has been advocating hand-counting all ballots in Humboldt elections and created a forecast tool to project cost, time and labor needs. The forecast tool has received national attention with applicability for any jurisdiction willing to objectively judge the feasibility of hand-counting.

"Andrea Novick and other nationally known election integrity advocates such as Rady Ananda asked for my help," said VCC co-founder Dave Berman. "We're a world away here in Humboldt but our work is making a difference. The forecast tool shows it is possible for every legally compliant polling place in NY to hand-count two federal races on election night in the poll site with one team of four people in four hours or less."

The VCC is currently collecting names of Humboldt voters willing to hand-count ballots on election night in local precincts. For more information on the VCC's Humboldt hand-count campaign, visit www.VoterConfidenceCommittee.org.

For further information on the amicus brief and federal case, including updates on scheduling, please contact Sally Castleman at Sallyc@ElectionDefenseAlliance.org (781-454-8700) or Jonathan Simon at VerifiedVote2004@aol.com (617-538-6012). The amicus and related materials may be found at: http://tinyurl.com/2vjphf.

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Thursday, December 13, 2007

NY Attorney Stands Up For Hand-Counting Paper Ballots

Coming right up on tomorrow's filing deadline, NY attorney Andi Novick will be submitting a brief regarding the state's response to Department of Justice pressure to comply with the Help America Vote Act (HAVA). New York is the last state not in compliance and the DOJ appears intent on forcing the state to purchase and implement some ridiculous electronic vote counting system or other in time for the November 2008 presidential election. The state, political parties and watchdog groups are all weighing in. Novick's brief, a proposal really, would keep NY's lever machines in place through next November, and it would allow hand-counting paper ballots for the two federal races on that ballot.

I suppose I have been peripherally aware of this situation, and began to learn a little about it before speaking in Commack, NY at the end of August. Here are several articles about the situation:

As I noted at the end of my "teamwork" post last weekend, I was recruited onto Novick's team to apply the hand-count forecast tool (.xls) I built for the Voter Confidence Committee to forecast cost, time and labor needs for hand-counting in 15 NY Counties. Over the past week the forecast tool has done some more evolving. Once Novick files I will make available the workbook showing the NY forecasts. In the meantime, the version that has been publicly available (.xls) for months has been updated to reflect these innovations:
All innovations developed in cooperation with Andy Novick, Rady Ananda, Nancy Tobi, Sally Castleman and Pokey Anderson.

The biggest fundamental difference in this new version is the distillation to the exact number of hours *required* for a four-person team to be able to hand-count an average poll site in the county. The benefit of this is showing very small numbers, in some cases, and also instances where a second team might be considered.

This still computes the number of people needed countywide, but now makes a more accurate computation of their collective pay. Before it was based on an arbitrary user input suggesting how late counting would be allowed to occur. Now the pay is completely prorated to the actual amount of counting time required.

Two new guide calculations have also been added for the sake of creating checks and balances, really a reality check for other numbers in the equation. The first new one is registered voters per poll site, computed by dividing the total number of registered voters by the number of poll sites. The other new guide is the poll site-level voter turnout, derived by dividing the average number of ballots cast per site by the average number of registered voters per site.

Removed from this version: time *allowed* for counting (both hours and seconds), teams required per poll site, and people required per poll site. Instead of quantifying people on a per poll site basis, it is now framed around the exact amount of time counting will require.
As part of Novick's brief, I had to draft a declaration stating my qualifications and specific contributions. I look forward to sharing that soon too. Papers due tomorrow are for the case scheduled to be heard on December 20.

* * *

There was a wonderful confluence of events today as the VCC released this media advisory making public a letter we delivered yesterday to Humboldt Registrar of Voters Carolyn Crnich. We have waited a long time for her to provide her own forecast assumptions to be plugged into the forecast spreadsheet tool. By renewing our request publicly, we are hoping the media will become determined to know these numbers as well. This is how the community will be able to judge the viability of our proposal for hand-counting all ballots in Humboldt elections. The Registrar has already agreed to return to the Peter B. Collins show a week from tomorrow, December 21, presumably between 5-6pm when Brad Friedman is a regular guest.

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Sunday, December 09, 2007

Teamwork On Display

I wasn't really sure what to call this blog post but then I realized all the things I wanted to cover had to do with...well check it out.

Jane Allen, a long time contributor to the GuvWurld News Archive and occasional guest blogger here at WDNC, has landed the second letter to the editor in the Eureka Reporter in less than a week calling out Registrar of Voters Carolyn Crnich for remarks she made on the Peter B. Collins show two Fridays ago. Click here for the letter written by Ruth Hoke and George Hurlburt published Tuesday. Jane's letter follows this transcript of a relevant excerpt from the PBC show:

CC: "Frankly, having 800 people handle our live ballots is not an appealing idea to me."

PBC: "Because..."

CC: "Do you not think that opens a door to fraud, too? 800 people handing live paper ballots? I'm not saying its the wrong thing to do. I'm saying I think it is an excellent audit tool for the way we count ballots now or, or in the future on some other equipment perhaps but..."

PBC: "I would argue that in a group situation, the group would basically police itself. So you're not putting individuals in a room with ballots that they could tamper with, you're putting a group to count them"

CC: "Yes, and I don't know that group and you don't either, and, and, do you see my concern?"

* * *

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=31535

Voting software more trusted than citizens?
12/8/2007

Dear Editor,

Registrar of Voters Carolyn Crnich, during the Peter B. Collins radio show Nov. 30, said hand-counting paper ballots is an "excellent audit tool," but 800 people hand-counting "opens the door to fraud." It sounded like she believes that the same people who serve as poll workers (registered voters) aren’t honest enough to count ballots.

Of course, it is part of her job to be concerned about election fraud, but do I have this right - machines counting votes with secret software are more trustworthy than volunteers? I thought stepping up to help out during elections was called being a good citizen. Ms. Crnich apparently sees it as suspect activity.

Jane Allen
San Francisco
I think Jane shows a little more fang there than usual, though not uncalled for. I can hear Jane chuckle as she reads that last sentence. She recently brought up the expression "I'm mad as hell and I'm not going to take it anymore!" My crazy artist friend Dave Migliore (Bardoodle.com) had coincidentally just sent me this YouTube clip from the movie Network, a classic satire I hadn't seen. Until recently. Then what happened?

Last week I walked into a bank to pay my credit card statement. I recently learned that this is a way to pay as close to the due date as I want, and always be sure it is received on time. Very good tip that you could pass on, though likely this only works when the card and the bank branch are the same. So I walked into Bank of America to pay my BofA card and I noticed televisions dangling from the ceiling a few feet above the head of each teller. MSNBC was on the screen showing a school in Pennsylvania and that the lock-down had been lifted. I wasn't there long enough to find out anything more. I stepped up to the teller and had something along the lines of the following conversation:
DB: Hi, I'd like to pay my credit card statement.

BofA: OK, I can help you with that. How are you doing today?

DB: Well I'm not really comfortable with that television above your head.

BofA: Really? How come?

DB: Imagine at your house there were some pipes coming in, filling your house with toxic goo and causing your family to have brain cancer. You wouldn't want those pipes coming in, would you? That's what TV is doing, and what TV has already done.

BofA: (Blank stare)

DB: Ooh. Sorry. Did I just make you think?
Maybe my fang was showing there too. I think I have generally been doing a good job of playing nice and sharing. I am proud to announce that the Voter Confidence Committee has collected 206 names thus far for our hand-count volunteer drive. We now have a sign up form on our home page, which is great, but we also still desperately need a webmaster, another way we can put teamwork on display. It this theme working for anyone?

I have to also shout out to NY attorney Andi Novick. She is planning to file a legal brief this week that basically aims to keep the Department of Justice from forcing NY state into quickly buying and implementing some secret electronic vote counting system or other. Andi will be proposing that the state keep its lever machines through next November's presidential election, and hand-count at the precincts only the two federal races on the November 2008 ballot.

I got involved with this project when another GuvWurld News Archive contributor and WDNC guest blogger, Rady Ananda told me she was helping Andi and asked if I could use the hand-count cost estimator (.xls) to add some detail to the proposal. Other familiar names like Nancy Tobi of Democracy For New Hampshire, and Sally Castleman of the Election Defense Alliance (who I remember fondly from the Portland conference on election integrity), have also played key roles. I will have a lot more on this story in the coming days.

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As shown on
Dave's new blog,
Manifest Positivity

We Do Not Consent, Volume 1 (left) and Volume 2 (right), feature essays from Dave Berman's previous blogs, GuvWurld and We Do Not Consent, respectively. Click the covers for FREE e-book versions (.pdf). As of April 2010, paperbacks are temporarily out of print. Click here for the author's bio.

Back Page Quotes

"Give a damn about the world you live in? Give a damn about what you and I both know is one of the most shameful and destructive periods in American history? If so, do something about it. You can start by reading We Do Not Consent."

— Brad Friedman, Creator/Editor, BradBlog.com; Co-Founder, VelvetRevolution.us


"If in the future we have vital elections, the "no basis for confidence" formulation that GuvWurld is popularizing will have been a historically important development. This is true because by implicitly insisting on verification and checks and balances instead of faith or trust in elections officials or machines as a basis for legitimacy, it encourages healthy transparent elections. It’s also rare that a political formulation approaches scientific certainty, but this formulation is backed up by scientific principles that teach that if you can’t repeat something (such as an election) and verify it by independent means, it doesn’t exist within the realm of what science will accept as established or proven truth."

— Paul Lehto, Attorney at Law, Everett, WA


"Dave Berman has been candid and confrontational in challenging all of us to be "ruthlessly honest" in answering his question, "What would be better?" He encourages us to build consensus definitions of "better," and to match our words with actions every day, even if we do only "the least we can do." Cumulatively and collectively, our actions will bring truth to light."

— Nezzie Wade, Sociology Professor, Humboldt State University and College of the Redwoods


"Dave Berman's work is quietly brilliant and powerfully utilitarian. His Voter Confidence Resolution provides a fine, flexible tool whereby any community can reclaim and affirm a right relation to its franchise as a community of voters."

— Elizabeth Ferrari, San Francisco, Green Party of California


"This is an important collection of essays with a strong unitary theme: if you can't prove that you were elected, we can't take you seriously as elected officials. Simple, logical, comprehensive. 'Management' (aka, the 'powers that be') needs to get the message. 'The machines' are not legitimizers, they're an artful dodge and a path to deception. We've had enough...and we most certainly DO NOT consent."

— Michael Collins covers the election fraud beat for "Scoop" Independent Media


"What's special about this book (and it fits because there's nothing more fundamental to Democracy than our vote) is the raising of consciousness. Someone recognizing they have no basis for trusting elections may well ask what else is being taken for granted."

— Eddie Ajamian, Los Angeles, CA


"I urge everyone to read "We Do Not Consent", and distribute it as widely as possible."

— B Robert Franza MD, author of We the People ... Have No Clothes: A Pamphlet for every American