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THE GOLD STANDARD: Hand-Counted Paper Ballots. Brad waxes poetic on Supreme Court bombshell.

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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 09:29 PM
Original message
THE GOLD STANDARD: Hand-Counted Paper Ballots. Brad waxes poetic on Supreme Court bombshell.


Hand-Marked, Hand-Counted Paper Ballots, Publicly Tabulated at Every Polling Place in America...

The biggest bombshell of this or any year: THE SUPREME COURT HAS OUTLAWED E-VOTING AS BEING INHERENTLY UN-DEMOCRATIC AND UNCONSTITUTIONAL!!!!

Only problem is it's the Supreme Court in Germany. Nevertheless, they're using the Constitution that we made them write after WWII, when we were actually a democracy, and it's good that at least one country in the world has some respect for the sane and rational.

Brad has a new article on CommonDreams.org about this whole thing.

Last March, the country's highest court found that secret, computerized vote counting was unconstitutional. Unfortunately, the country was Germany, and the Constitution violated by e-voting systems was the one that the U.S. wrote and insisted Germans ratify as part of their terms of surrender following WWII.

Paul Lehto, a U.S. election attorney and Constitutional rights expert, summarized the German court's unambiguous, landmark finding:

"No 'specialized technical knowledge' can be required of citizens to vote or to monitor vote counts."
There is a "constitutional requirement of a publicly observed count."
"he government substitution of its own check or what wed probably call an 'audit' is no substitute at all for public observation."
"A paper trail simply does not suffice to meet the above standards.
"As a result of these principles,...'all independent observers' conclude that 'electronic voting machines are totally banned in Germany' because no conceivable computerized voting system can cast and count votes that meet the twin requirements of...being both 'observable' and also not requiring specialized technical knowledge.

snip....

It was the fully public counting of hand-marked paper ballots that gave evidence that the unofficial, electronically-scanned election night results in Minnesota's recent U.S. Senate race were wrong. A hand-count settled the results of Washington State's Gubernatorial contest in 2004. And in the 2006 Republican Primary election in Pottawatomie County, Iowa, a hand-count found that seven races had been tallied incorrectly by the county's optical-scan system. Unfortunately, that sort of publicly observable counting has become the exception rather than the rule in this country, and it happens only rarely, in elections where the candidates can afford the extraordinarily high legal costs of a contest, or when the results are so so obviously twisted that officials are left with little choice but to count the ballots by hand.

Here's the rest. A really great article.

http://www.bradblog.com/?p=7417

Posted by: Stevepol

http://www.democraticunderground.com/discuss/duboard.ph...
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varelse Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 09:43 PM
Response to Original message
1. you made me look
why did I even think for a second that would be *our* Supreme Court?
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 11:41 PM
Response to Reply #1
4. A LAYMAN'S GUIDE TO THE SUPREME COURT DECISION
IN BUSH V. GORE by Mark H. Levine, Attorney at Law.


Q: I'm not a lawyer and I don't understand the recent Supreme Court decision in Bush v. Gore. Can you explain it to me?
A: Sure. I'm a lawyer. I read it. It says Bush wins, even if Gore got the most votes.

Q: So Bush wins because hand-counts are illegal?
A: Oh no. Six of the justices (two-thirds majority) believed the hand-counts were legal and should be done.

Q: Oh. So the justices did not believe that the hand-counts would find any legal ballots?
A. Nope. The five conservative justices clearly held (and all nine justices agreed) "that punch card balloting machines can produce an unfortunate number of ballots which are not punched in a clean, complete way by the voter." So there are legal votes that should be counted but can't be.

Q: Oh. Does this have something to do with states' rights? Don't conservatives love that?
A: Generally yes. These five justices, in the past few years, have held that the federal government has no business telling a sovereign state university it can't steal trade secrets just because such stealing is prohibited by law. Nor does the federal government have any business telling a state that it should bar guns in schools. Nor can the federal government use the equal protection clause to force states to take measures to stop violence against women.

Q: Is there an exception in this case?
A: Yes, the Gore exception. States have no rights to have their own state elections when it can result in Gore being elected President. This decision is limited to only this situation.

Q: C'mon. The Supremes didn't really say that. You're exaggerating.
A: Nope. They held "Our consideration is limited to the present circumstances, or the problem of equal protection in election processes generally presents many complexities."

Q: What complexities?
A: They don't say.

Q: I'll bet I know the reason. I heard Jim Baker say this. The votes can't be counted because the Florida Supreme Court "changed the rules of the election after it was held." Right? A. Dead wrong. The US Supreme Court made clear that the Florida Supreme Court did not change the rules of the election. But the US Supreme Court found the failure of the Florida Court to change the rules was wrong.

Q: Huh?
A: The Legislature declared that the only legal standard for counting vote is "clear intent of the voter." The Florida Court was condemned for not adopting a clearer standard.

Q: I thought the Florida Court was not allowed to change the Legislature's law after the election.
A: Right.

Q: So what's the problem?
A: They should have. The US Supreme Court said the Florida Supreme Court should have "adopt adequate statewide standards for determining what is a legal vote"

Q: I thought only the Legislature could "adopt" new law.
A: Right.

Q: So if the Court had adopted new standards, I thought it would have been overturned.
A: Right. You're catching on.

Q: If the Court had adopted new standards, it would have been overturned for changing the rules. And if it didn't, it's overturned for not changing the rules. That means that no matter what the Florida Supreme Court did, legal votes could never be counted.
A: Right. Next question.

Q: Wait, wait. I thought the problem was "equal protection," that some counties counted votes differently from others. Isn't that a problem?
A: It sure is. Across the nation, we vote in a hodgepodge of systems. Some, like the optical-scanners in largely Republican-leaning counties record 99.7% of the votes. Some, like the punchcard systems in largely Democratic-leaning counties record only 97% of the votes. So approximately 3% of Democratic votes are thrown in the trash can.

Q: Aha! That's a severe equal-protection problem!!!
A: No it's not. The Supreme Court wasn't worried about the 3% of Democratic ballots thrown in the trashcan in Florida. That "complexity" was not a problem.

Q: Was it the butterfly ballots that violated Florida law and tricked more than 20,000 Democrats to vote for Buchanan or Gore and Buchanan.
A: Nope. The Supreme Court has no problem believing that Buchanan got his highest, best support in a precinct consisting of a Jewish old age home with Holocaust survivors, who apparently have changed their mind about Hitler.

Q: Yikes. So what was the serious equal protection problem?
A: The problem was neither the butterfly ballot nor the 3% of Democrats (largely African-American) disenfranchised. The problem is that somewhat less than .005% of the ballots may have been determined under slightly different standards because judges sworn to uphold the law and doing their best to accomplish the legislative mandate of "clear intent of the voter" may have a slightly different opinion about the voter's intent.

Q: Hmmm. OK, so if those votes are thrown out, you can still count the votes where everyone agrees the voter's intent is clear?

A: Nope.

Q: Why not?
A: No time.

Q: No time to count legal votes where everyone, even Republicans, agree the intent is clear? Why not?
A: Because December 12 was yesterday.

Q: Is December 12 a deadline for counting votes?
A: No. January 6 is the deadline. In 1960, Hawaii's votes weren't counted until January 4.

Q: So why is December 12 important?
A: December 12 is a deadline by which Congress can't challenge the results.

Q: What does the Congressional role have to do with the Supreme Court?
A: Nothing.

Q: But I thought ---
A: The Florida Supreme Court had earlier held it would like to complete its work by December 12 to make things easier for Congress. The United States Supreme Court is trying to help the Florida Supreme Court out by forcing the Florida court to abide by a deadline that everyone agrees is not binding.

Q: But I thought the Florida Court was going to just barely have the votes counted by December 12.
A: They would have made it, but the five conservative justices stopped the recount last Saturday.

Q: Why?
A: Justice Scalia said some of the counts may not be legal.

Q: So why not separate the votes into piles, indentations for Gore, hanging chads for Bush, votes that everyone agrees went to one candidate or the other so that we know exactly how Florida voted before determining who won? Then, if some ballots (say, indentations) have to be thrown out, the American people will know right away who won Florida.
A. Great idea! The US Supreme Court rejected it. They held that such counts would likely to produce election results showing Gore won and Gore's winning would cause "public acceptance" and that would "cast[] a cloud" over Bush's "legitimacy" that would harm
"democratic stability."

Q: In other words, if America knows the truth that Gore won, they won't accept the US Supreme Court overturning Gore's victory?
A: Yes.

Q: Is that a legal reason to stop recounts? or a political one?
A: Let's just say in all of American history and all of American law, this reason has no basis in law. But that doesn't stop the
five conservatives from creating new law out of thin air.

Q: Aren't these conservative justices against judicial activism?
A: Yes, when liberal judges are perceived to have done it.

Q: Well, if the December 12 deadline is not binding, why not count the votes?
A: The US Supreme Court, after admitting the December 12 deadline is not binding, set December 12 as a binding deadline at 10 p.m. on December 12.

Q: Didn't the US Supreme Court condemn the Florida Supreme Court for arbitrarily setting a deadline?
A: Yes.

Q: But, but --
A: Not to worry. The US Supreme Court does not have to follow laws it sets for other courts.

Q: So who caused Florida to miss the December 12 deadline?
A: The Bush lawyers who first went to court to stop the recount, the mob in Miami that got paid Florida vacations for intimidating officials, and the US Supreme Court for stopping the recount.

Q: So who is punished for this behavior?
A: Gore, of course.

Q: Tell me this: Florida's laws are unconstitutional, right?
A: Yes

Q: And the laws of 50 states that allow votes to be cast or counted differently are unconstitutional?
A: Yes. And 33 of those states have the "clear intent of the voter" standard that the US Supreme Court found was illegal in
Florida.

Q: Then why aren't the results of 33 states thrown out?
A: Um. Because...um.....the Supreme Court doesn't say...

Q: But if Florida's certification includes counts expressly declared by the US Supreme Court to be unconstitutional, we don't know who really won the election there, right?
A: Right. Though a careful analysis by the Miami Herald shows Gore won Florida by about 20,000 votes (excluding the
butterfly ballot errors).

Q: So, what do we do, have a re-vote? Throw out the entire state? Count all ballots under a single uniform standard?
A: No. We just don't count the votes that favor Gore.

Q: That's completely bizarre! That sounds like rank political favoritism! Did the justices have any financial interest in the case?
A: Scalia's two sons are both lawyers working for Bush. Thomas's wife is collecting applications for people who want to work in the Bush administration.

Q: Why didn't they recuse themselves?
A: If either had recused himself, the vote would be 4-4, and the Florida Supreme Court decision allowing recounts would have
been affirmed.

Q: I can't believe the justices acted in such a blatantly political way.
A: Read the opinions for yourself: http://frwebgate.access.gpo.gov/supremecourt/00-949_dec... (December 9 stay stopping the recount), and http://www.supremecourtus.gov/opinions/00pdf/00-949.pdf (December 12 final opinion)

Q: So what are the consequences of this?
A: The guy who got the most votes in the US and in Florida and under our Constitution (Al Gore) will lose to America's
second choice who won the all important 5-4 Supreme Court vote.

Q: I thought in a democracy, the guy with the most votes wins.
A: True, in a democracy. But America is not a democracy. In America, in the year 2000, the guy with the most US Supreme
Court votes wins.

Q: Is there any way to stop the Supreme Court from doing this again?
A: YES. No federal judge can be confirmed without a vote in the Senate. It takes 60 votes to break a filibuster. If only 41 of the 50 Democratic Senators stand up to Bush and his Supremes and say that they will not approve a single judge appointed by him until a President can be democratically elected in 2004, the judicial reign of terror can end... and one day we can hope to return to the rule of law.

Q: What do I do now?
A: E-mail this to everyone you know, and write or call your senator, reminding him that Gore beat Bush by several hundred thousand votes (three times Kennedy's margin over Nixon) and that you believe that VOTERS rather than JUDGES should determine who wins an election by counting every vote. And to protect our judiciary from overturning the will of the people, you want them to confirm NO NEW JUDGES until 2004 when a president is finally chosen by most of the American people.





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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 12:25 PM
Response to Reply #4
10. If only 41 of the 50 Democratic Senators stand up to Bush
If only.........
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 02:40 PM
Response to Reply #4
13. Kicking, recommending the thread and bookmarking for this post.
Thanks for the thread, kster. :thumbsup:
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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 09:43 PM
Response to Original message
2. Hand-counting's no good...unless you really want to know who the actual winner of an election was..
Edited on Wed Sep-16-09 09:44 PM by BradBlog
Thanks for linking up, Stevepol. Allow me to include a few more quick grafs from the piece, for those who may not bother to click all the way through...



Democracy's Gold Standard
Hand-Marked, Hand-Counted Paper Ballots, Publicly Tabulated at Every Polling Place in America...

-- Brad Friedman

(While I was off the grid for a brief vacation for a week in August, a short Op-Ed version of a piece I wrote for Commonweal Institute, where I am a Fellow, was published at CommonDreams.org. At the link below is now the full-length version of that Op-Ed. Below is a small sample from it. -BF)

Technology does not always offer the most progressive solution to a problem, certainly not when citizen oversight and, thus, the constitutional right of self-governance, is scrapped in the bargain.

While hand-counted paper ballots are routinely discredited by those who stand to gain from secret vote counting, you'll note the odd paradox that in the closest of elections, those same individuals are often the first to demand a fully public hand-count of paper ballots (in jurisdictions where they still exist) to determine who actually won and who actually lost.

In short, hand-counting paper ballots is no good at all, according to the oxymoronic logic of its critics, unless you really want to know who the actual winner of the election was...

FULL STORY: http://www.bradblog.com/?p=7417
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 10:21 PM
Response to Reply #2
3. Not a problem Brad
thanks for the article.

:)
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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 12:43 AM
Response to Reply #3
5. I shoulda said...
...Thanks for the link, Stevepol, and thanks for the x-post, kster!! :-)
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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 04:04 AM
Response to Original message
6. K & R
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BradBlog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 12:03 PM
Response to Reply #6
7. Thanks, Quantess. I'm surprised there aren't...
...more folks weighing in one way or another on this one!

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Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 01:57 PM
Response to Reply #7
11. Maybe because voting is on the back burner right now.
Right now it's taking a back seat to health care reform.
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librechik Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 12:20 PM
Response to Original message
8. so we'll get Germany's voting system around the same time we get
their nationalized health system? (They've had that at our suggestion since the late 1940s. How much longer does this backwater country have to wait for what all other modern nations have?)
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NoSheep Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 12:23 PM
Response to Original message
9. Fuck. I really needed some good news. Well, it's good for them.
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G_j Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-17-09 02:18 PM
Response to Original message
12. "the Constitution that we made them write"
beautiful!
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