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Reply #16: No law or regulation says overvoted ballots should be retained. [View All]

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Bill Bored Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-18-10 06:41 PM
Response to Reply #15
16. No law or regulation says overvoted ballots should be retained.
The NY law says the machine must inform the voter of the effect of casting an overvoted ballot. The error message that the scanners display violates the NY law by not informing the voters that their overvotes will not be counted. That is a failure of the certification process.

Not retaining the overvoted ballots is a workaround. Even this does not inform the voters of the effect of casting such ballots. It makes it impossible, or more difficult, to cast them, but it still violates the NY election law.

The important thing for me aside from the obvious overvoting problem is that the certification process failed to detect a clear violation of the plain language of an election law. If that can happen, we shouldn't be relying on this process to determine the outcomes of elections in lieu of a rigorous software-independent audit, but this is exactly what New York will be doing.

The voters of New York -- ALL the voters of New York -- are being sold a bill of goods about the value of software certification. Our tax dollars at work -- NOT!
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