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Your analysis of the ability to recognize inks is valid for infrared scanners, an older technology. That is why it's a very, very good idea to make sure you mark a ballot with a medium that has carbon in it. Even some (and only some) inks have carbon in them, if you don't like pencil.
But visable light is newer technology and it will recognize a far larger range of colors and "inks."
While I can appreciate your argument that this should be more alarming for the Bush/Cheney gang, keep in mind that if the program tells the tabulator to scan the marks relative to position, (#1 = Bush/Cheney, #2 = Kerry/Edwards) and the position most likely to count is not the printed names of the candidates,(which the program may ignore) but the order in which they are ranked in the column to be marked, then yes, this is a huge problem, kind of like the butterfly ballot.
I can think of one other way, although not a very good one, to change the voter's intent on some ballots. If this is used on infrared scanners, and the ballot is pre-marked with ink by the Bush/Cheney choice, but the voter can't see it, (and I've talked to printers about this and yes, there is invisible ink with a carbon content) and a voter marks Kerry/Edwards with a medium without carbon, then the ballot will tally for Bush/Cheney and the system will not reject it as an overvote, because the system will only register the one vote.
In this case, contrary to what I've outlined above, the program would have to "see" that blank area next to Bush/Cheney, whether the arrows are there or not, as a space to look for a vote. If the space (and this holds whether it's marked by the voter or not) has carbon based marking on it, it will tally for Bush/Cheney. And if a Kerry/Edwards voter does not mark with a carbon content medium, the vote goes to Bush/Cheney and goes through the system without detection of the error. (In an infrared system)
The problem is based on what the programming tells the system to look for and where to look for it, not just whether something is marked or not.
I would advise people to make sure the medium they use to mark optical scan contains carbon. Some inks do have carbon in them. (Harmonyguy, help here!) The older optical scan technology, infrared, is most susceptable to this. And no, don't depend on the election workers to have the right marking utensils.
Some of this is just a general heads up. People who have not received a corrected ballot should take this ballot to their auditor and request a corrected one.
Thanks for posting on this topic because it's very important people pay close attention to these ballots. Seems to me we are seeing an awful lot of these kinds of problems this time around.
Some ballot printing is contracted out to local printers and some is through the vendors, fyi.
And if you vote absentee, please take another step to insure your vote is counted, if you can, and hand deliver it to the auditor. Do not mail it in if you can avoid that. That helps take one of the potential areas of fraud out of the system, ballots that get "lost" in the mail. (And there is a normal percentage of that happening without any fraud involved at all)
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