Election Updates Blog:

[Wilms]

Election Updates Blog

Thursday, October 06, 2005

Michael Alvarez

Electionline report on recounts

There is a new report just out from electionline.org, providing the results of a survey of state election directors of their ballot recounting procedures. As the report correctly notes, understanding ballot recounting procedures is increasingly important --- as ballot recounts are becoming more complicated (as there are a multiplicity of voting methods now used in most states, most typically early, absentee, provisional, and precinct voting) and more common.

One of the more interesting findings in the report is that ballot recounts appear to be very common in local level elections: "In responding to electionline.org, eight states described how recounts at the local level happen on a fairly regular basis" (page 5). For example, the report provided an estimate that there may be between 50 and 100 recounts after spring elections every year in local-level elections.

Additionally, the report found that some important differences across states in how voter-verified paper audit trails may be used in recounts:

snip/more

http://electionupdates.caltech.edu/2005/10/electionline-report-on-recounts.html

pdf link for the report:
http://electionline.org/Portals/1/Publications/ERIPBrief12.FINAL.pdf

[Wilms]

1. Executive Summary

Executive Summary

High-profile recounts have not only become more
commonplace, they have become more complex.

Growing numbers of absentee and early ballots, new
procedures including provisional balloting and new election
equipment – touch-screen machines and, in some cases,
voter-verifiable paper audit trails (VVPATs) – will make
recounting ballots far more complicated than the closelywatched
hand counts of just a few years ago.

While the Bush-Gore drama of 2000 and the equally
compelling (at least locally) Washington gubernatorial
election of 2004 made headlines, recounts are far more
common in local races. Eight states reported they
recount races regularly, particularly in New Hampshire,
which has more elected offices per capita than any other
state.The state conducted 18 recounts in 2004; 13 in
2002; and 32 in 2000.Wisconsin officials estimated there
are between 50 and 100 local recounts following spring
elections every year.

electionline.org’s survey of 51 state election directors
(including the District of Columbia) detailed the procedures
used around the country to recount and audit ballots as
well as the factors that trigger recounts after elections.

RECOUNTS AND VVPATS

The use of VVPATs or paper ballots is required in 25
states. VVPATs produce a paper record of each vote,
retained by election officials and not voters, to allow voters
to see if the printed version of their ballot matches the
electronic vote they have placed. In essence, a VVPAT
attachment to an electronic machine produces two versions
of the same vote – one digital, one tangible.

While VVPATs are clearly becoming more popular
nationwide, states have differing procedures for their use.
Critics, who include many election officials, have called
VVPAT recounts “onerous and time-consuming,” as well as
inaccessible to some people with disabilities, while paper
trail advocates insist that the backup system would be rendered
“meaningless” if electronic records, which are not
verified by voters, are used in recounts.

•14 states require that the paper record (VVPAT) be
counted as the official record of the vote.Those are:
Alaska, Arkansas, Colorado, Connecticut, Minnesota, New
Hampshire, New Mexico,New York, North Carolina,
Ohio,Oregon, Utah,Washington and West Virginia.

•3 VVPAT states – Nevada, Idaho and California –
require a recount of electronic ballots only.

•2 states – Missouri and Maine, have rules under development
as of press time.

The remaining states have rules about paper ballots
but do not use DREs or in the case of Hawaii do not have
recount procedures in place.

RECOUNT TRIGGERS

The electionline.org survey found four general categories
to describe when recounts take place.
Candidate-initiated recounts: In 39 states, losing candidates
may request recounts. Of those, 25 allow a request
regardless of the outcome of the election while in 14, losing
candidates can apply only if the difference is within a
certain margin.

Voter-initiated recounts: 18 states allow voters to request
recounts. In 11 of those, voters may request recounts in
races involving candidates or ballot questions. Seven other
states only allow recounts for ballot questions.
Close election: 16 states conduct recounts automatically
if the margin of victory between candidates is within a certain
threshold – usually not exceeding 1 percent.
Automatic recounts: Four states – California, Kentucky,
New York and West Virginia – recount a small percentage of
ballots from randomly-chosen precincts.

No recount provisions: Hawaii and Mississippi have no
provisions in state law for recounts, leaving the process to
the legal system.

MANUAL AUDITS

Audits, as opposed to recounts, are used in 11 states
requiring VVPATs to test the accuracy of electronic voting
machines. Laws concerning the use of VVPATs are still
under debate in many states. However, trends are beginning
to emerge in which between 1 and 10 percent of all
precinct voting machines will be audited around the country.
Nevada requires hand counts of VVPATs in 2 percent
of the machines used in less populous counties and in
three percent of more populous counties.

The state conducted the audits of VVPATs following
the November 2004 general election, counting 64,000
paper representations of electronic ballots.While the state
found a 100 percent matchup between paper and electronic
votes, some officials decried the process in which teams
of four took four hours to complete an audit of one 318-
foot spool of VVPATs.