Olde Fashioned Legal Loopholes Allow Rigging of Hi-Tech Elections

[Wilms]

Olde Fashioned Legal Loopholes Allow Rigging of Hi-Tech Elections

By Howard Stanislevic and John Washburn

January 30, 2007

The following is a brief discussion of how election integrity can be compromised by taking advantage of loopholes in election reform legislation. The authors believe that any such legislation should be judged by its ability and intent to mitigate the risks discussed herein.

We will focus on four major loopholes:

Loophole #1 Internet connections NOT banned for Election Management Servers

Loophole #2 High failure rates are allowed for equipment; equipment allowed to remain in service

Loophole #3 No statistically meaningful audits

Loophole #4 No or inadequate instructions to direct voters to verify voter verifiable records

Each of the above loopholes provides a different set of possible effects which individually or together can alter the outcome of an election.

snip

We believe that anyone with a bona fide interest in election integrity should be on the lookout for the above loopholes (and others too numerous to mention) in any current or proposed legislation and must fight to close them before it's too late.

snip

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=2226&Itemid=26

[kster]

1. Get rid of all the loopholes all together, for christ sake

http://www.opednews.com/articles/opedne_rady_ana_070102_evoting_exit_strateg.htm

[BeFree]

2. K&R

Good stuff. As we move forward we can't be horn-swoggled again. There is too much at stake.

People have fought and died for the American right to be self-governed but the way things have been going we will become mere subjects once again.

[Land Shark]

3. Like a burglar finding the unlocked window, a rigger will find the vulnerability

and there are always numerous vulnerabilities besides the ones listed, as I'm sure Mr. Stanislevic and Mr. Washburn would attest to, even as they focus on some gaping holes...

[Wilms]

4. I'll bet they would.

Actually, the particular "gaping holes" referred to here are probably from HR550.

We'll see what's in the bill for this session of congress.

[Bill Bored]

6. Wow! And all this time I thought the only problem with HR 550 was the EAC!

It's amazing how expectations are raised when the Congress changes hands.

We may go from "Pass as Written" to "Pass the Ammunition" pretty soon!

(Unless of course there's a really good bill this time.)

Here's hoping!:toast:

[Ellipsis]

5. K&R

[Bill Bored]

7. Who said this, and when did s/he say it?

"The point is that, the way things are going, a national mechanism exists that could be manipulated by anybody, from a single individual to a nationwide conspiracy. It's not whether it exists or not, it's the fact that the mechanism is there to make it easy."

"Here's what we do: Working in a company headquarters, I'm writing some election software, which will be sent by Federal Express to jurisdictions in executable object code. I'm going to program this thing so that if there are more than eight hundred people voting in a precinct I'm simply going to trade some votes, take them from other parties and dump them into the party that I want to win. So all the totals are going to be exactly right. I'm going to change ten per cent of the votes, or five per cent-some small number. And that software is going out to pivotal jurisdictions in the country. And that is going to shift the national election. It's easy for a programmer. And his superiors will never find it. There's no way to find it unless they do an exhaustive code audit themselves. And this is a solo effort-one guy who happens to be well placed. Of course, many others are involved, but they don't know."

[FogerRox]

9. CLint Curtis

Guessin.

[Bill Bored]

10. Try Michael Shamos! And it was 1988 when he said it. nt

[FogerRox]

14. DAYMN, Dr. Shamos, 18 yrs ago. WOW.

[Wilms]

8. A kick in honor of HR811. n/t

[WillYourVoteBCounted]

11. #4 fixed

`(8) INSTRUCTION REMINDING VOTERS OF IMPORTANCE OF VERIFYING PAPER BALLOT-

`(A) IN GENERAL- The appropriate election official at each polling place shall cause to be placed in a prominent location in the polling place a notice containing the following statement, in boldface type, large font, and using only upper-case letters: `THE PAPER BALLOT REPRESENTING YOUR VOTE SHALL SERVE AS THE VOTE OF RECORD IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE THE VOTING BOOTH UNTIL YOU HAVE CONFIRMED THAT IT ACCURATELY RECORDS YOUR VOTE'.


http://thomas.loc.gov/cgi-bin/query/F?c110:1:./temp/~c110gKjf7M:e3571:

[kster]

12. Gore-Kucinch

Gore fought to get the votes counted, and Kucinich, WELL, lets just say they both know what needs to be done FIRST AND FOREMOST to win an election.

COUNT THE GODAMN BALLOTS BY HAND!


http://eda-tv.blip.tv/file/82767/

ARE WE WITH THEM????

[livvy]

13. I definitely would be behind this 100%

This would be a great starting point for the use of a paper ballot system. One issue-fast sorting-reliable results. How do we make this happen?

Here is some info on the bill which was introduced in '06.

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR06200:@@@L&summ2=m&

H.R.6200
Title: To amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand, and for other purposes.
Sponsor: Rep Kucinich, Dennis J. (introduced 9/27/2006) Cosponsors (20)
Latest Major Action: 9/27/2006 Referred to House committee. Status: Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

SUMMARY AS OF:
9/27/2006--Introduced.
Paper Ballot Act of 2006 - Amends the Help America Vote Act of 2002 to require a state, for a regularly scheduled general election for President and Vice President, to: (1) conduct the election using only paper ballots; and (2) ensure that the number of ballots cast at a precinct or equivalent location which are placed inside a single box or similar container does not exceed 500.
Requires the ballots cast at a precinct or equivalent location to be counted by hand by election officials at the precinct. Allows a representative of each political party with a candidate on the ballot, as well as any interested member of the public, to observe the officials as they count the ballots.
Amends federal law to move observation of Washington's Birthday to Election Day during presidential election years.

MAJOR ACTIONS:
***NONE***

ALL ACTIONS:
9/27/2006:
Referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
9/27/2006:
Referred to House House Administration
9/27/2006:
Referred to House Government Reform

TITLE(S): (italics indicate a title for a portion of a bill)
***NONE***

COSPONSORS(20), ALPHABETICAL : (Sort: by date)

Rep Brown, Corrine - 9/27/2006
Rep Clay, Wm. Lacy - 9/27/2006
Rep Cleaver, Emanuel - 11/14/2006
Rep Conyers, John, Jr. - 9/27/2006
Rep Filner, Bob - 9/27/2006
Rep Grijalva, Raul M. - 9/27/2006
Rep Gutierrez, Luis V. - 9/27/2006
Rep Hastings, Alcee L. - 9/27/2006
Rep Hinchey, Maurice D. - 9/27/2006
Rep Jackson, Jesse L., Jr. - 9/27/2006
Rep Jackson-Lee, Sheila - 9/27/2006
Rep Johnson, Eddie Bernice - 9/27/2006
Rep Kaptur, Marcy - 9/27/2006
Rep Lee, Barbara - 9/27/2006
Rep Maloney, Carolyn B. - 9/27/2006
Rep McDermott, Jim - 9/27/2006
Rep McKinney, Cynthia A. - 9/27/2006
Rep Solis, Hilda L. - 9/27/2006
Rep Waters, Maxine - 9/27/2006
Rep Woolsey, Lynn C. - 9/27/2006

COMMITTEE(S):
Committee/Subcommittee: Activity:
House Administration Referral, In Committee
House Government Reform Referral, In Committee

RELATED BILL DETAILS:
***NONE***

AMENDMENT(S):
***NONE***
http://thomas.loc.gov/cgi-bin/query/C?c109:./temp/~c109ZSMLPI


Full text of the bill

HR 6200 IH
109th CONGRESS
2d Session
H. R. 6200
To amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 27, 2006
Mr. KUCINICH (for himself, Ms. CORRINE BROWN of Florida, Mr. CLAY, Mr. CONYERS, Mr. FILNER, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. HINCHEY, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR, Ms. LEE, Mr. MCDERMOTT, Ms. MCKINNEY, Mrs. MALONEY, Ms. SOLIS, Ms. WATERS, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Help America Vote Act of 2002 to require States to conduct Presidential elections using paper ballots and to count those ballots by hand, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Paper Ballot Act of 2006'.
SEC. 2. REQUIRING USE OF HAND-COUNTED PAPER BALLOTS IN PRESIDENTIAL ELECTIONS.
Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph:
`(7) SPECIAL RULES FOR PRESIDENTIAL ELECTIONS- Notwithstanding any other provision of this subsection, in the case of a regularly scheduled general election for the electors of President and Vice President (beginning with the election in November 2008), the following rules shall apply:
`(A) The State shall conduct the election using only paper ballots.
`(B) The State shall ensure that the number of ballots cast at a precinct or equivalent location which are placed inside a single box or similar container does not exceed 500.
`(C) The ballots cast at a precinct or equivalent location shall be counted by hand by election officials at the precinct, and a representative of each political party with a candidate on the ballot, as well as any interested member of the public, may observe the officials as they count the ballots. The previous sentence shall not apply with respect to provisional ballots cast under section 302(a).'.
SEC. 3. MOVING OBSERVATION OF WASHINGTON'S BIRTHDAY TO ELECTION DAY DURING PRESIDENTIAL ELECTION YEARS.
Section 6103(a) of title 5, United States Code, is amended--
(1) by inserting `the Tuesday next after the first Monday in November in 2008 and every fourth year thereafter, and' after `Washington's Birthday,'; and
(2) by inserting `in any other year' after `February'.
END

[Febble]

15. What about

the rather feeble language concerning what happens in the event of a failed audit - I'd like that tightened up too - a lot.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=467390&mesg_id=467457