January 09, 2005
Incompetence by Design?

Remember those 348 (at least) unverified provisional ballots that were illegally and irretrievably commingled with polling place ballots?

This problem was anticipated months before the election in a report by a King County oversight commitee [see pp. 47 -48]:

Findings
• Provisional ballots are a necessary, valuable, and complex part of the election process.
• There is currently no way to identify a provisional ballot that has been counted in error at the polling place.
• Some provisional ballots are counted at poll sites in error during each election.
• Some provisional ballots are incorrectly processed during the canvass period.
• With the increased turnout expected in the 2004 presidential election, there will be an increase in the number of provisional ballots cast.

...
While the correct process requires that provisional ballots should be validated during canvassing before being tabulated and that they should not be counted at polling places, running a ballot through the poll site tabulator is an easy mistake for a voter to make. Poll workers are not always able to watch provisional ballots closely enough to prevent them from being counted.

Among the recommendations :
Consider strategies – such as color coding ballots – so that they can be identified more easily during canvass.
That seems like it would have been a no-brainer to implement and a good way to eliminate this problem. For whatever reason, it wasn't adopted.

The only question: is the incompetence genuine or is it designed into the process?

Hat tip: Shawn Newman, who posted this in a comment a few days ago.

Posted by Stefan Sharkansky at January 09, 2005 10:13 AM | Email This
Comments
1. Incompetence by laziness?
Incompetence by hubris?
Incompetence by ignorance is the most likely.

Posted by: bmvaughn on January 9, 2005 10:17 AM
2. The people who stuffed the ballot boxes, in my humble opinion, are the same tattooed, nose-ringed, marijuana-soaked leftist radicals who wear Che T-shirts, listen to Air America, and consume Michael Moore and Chomsky. Another small band of these little leftist radicals concocted and supplied the forged documents to Dan Rather and CBS News.

They're not people who like democracy. They're
people who like fascist states--like Cuba.

Posted by: FedUpWithThis on January 9, 2005 10:23 AM
3. Stefan, thanks for posting this but the "Hat tip" should rightfully be given to Bob Williams, at the Evergreen Freedom Foundation [www.eff.org] - not me. Bob dug up the info and has been dogging the issue.

Posted by: Newman on January 9, 2005 10:45 AM
4. Strategic incompetence lives!

Posted by: South County on January 9, 2005 10:51 AM
5. FedUp:

You forgot about the two bumper stickers on their car: 'War is Terrorism' and 'Free Tibet'.

That's if they have a car, they probably voted for and are eagerly anticipating the Monorail.

Posted by: Larry on January 9, 2005 10:52 AM
6. Again good comments. Voter Fraud happens in all elections. But here is an election that brings to light how bad it really is in Washington State.
How many other elections have been stolen because of King County's Clean election system? Maybe Washington State Honest elections system has been a fraud all along. Maybe it was a lie to tell everyone that all is well in Washington while doing CHicago type political elections. How many other lies are our politicians telling us even today? We need accountablity forced on elected officials. If the problems are due to unelected officials they should be fired. Our government officials need to be held to a high standard.
That is not what is happening today. Can we trust the system anymore? I honestly do not think so. A revote will restore some confidence as long as it appears honest and fair. This recount has no appearance of honesty or fair.
Will we get an honest election or will those in power will maintain power at all costs because they do not want to follow the will of the people.

Posted by: David Anfinrud on January 9, 2005 10:55 AM
7. Note: RCW 29A.60.030 Tabulation continuous.
Except as provided by rule under *RCW 29A.04.610, on the day of the primary or election, the tabulation of ballots at the polling place or at the counting center shall proceed without interruption or adjournment until all of the ballots cast at the polls at that primary or election have been tabulated.[2004 c 266 § 16; 2003 c 111 § 1503. Prior: 1990 c 59 § 58. Formerly RCW 29.54.042.]

RCW 29A.04.610 lists 52 subject areas where the SOS was supposed to adopt rules pursuant to the reoganization of state election laws effective July 2004. The SOS failed to adopt these rules arguing that he was too busy with implementing the new primary.

As one activist e-mailed me, one of the reasons there should be no interuption is becuase it is necessary to run a Logic and Accuracy test EACH TIME use of the electronic scanners commences. By law this is a public process and should be witnessed. When machines are started and stopped many times during two or three weeks they should be L&A tested each new day. Obviously if they stop for a day or two between runs, the totals could be altered before the next start up. This is especially true given KC's own review in May, 2004.


Posted by: Newman on January 9, 2005 11:02 AM
8. On Page 9 the report contains the following:
Oversight
Recommendation
King County should establish a means of periodic independent oversight of the Elections Section.

Guess that would be Soundpolitics.com

Posted by: John on January 9, 2005 11:07 AM
9. anybody know if detailed information is still available for the 2002 general election? I'd like to try to turn up info enough to get the monorail initiative overturned.

Posted by: dpmiv on January 9, 2005 11:43 AM
10. Not sure if you had seen this political cartoon by the Seattle Times, but it highlights this very issue well, I have it posted on my club's blog:

http://plucrs.blogspot.com/

Reform should logically start at the top, but as we all know, that isn't likely to happen with Dems in power. Therefore, efforts as promoted by SP are steps in the right direction. This isn't just about Rossi and the governorship, it's about being able to trust the system.

Posted by: CR ACTIVIST on January 9, 2005 12:47 PM
11. I was one of the 13 members that served on the King County Citizen's Election Oversight Committee and indeed many of the findings that we reported have gone unresolved. To be fair to Dean Logan (and it's hard because the lack of commitment to get to 100% compliance has really shown his organization to be unprofessional and sometimes inept), but the King County Elections Section was absolutely in shambles prior to his arriving on the scene and I know from personal observation that many things have been improved (and I know that with this election behind us, it’s hard to believe that, but it’s true). The closeness of this election has shown however that it's not good enough to be mediocre or even good, but that absolute perfection in planning, procedure and execution is required for there to be confidence that the elections process is fair and honest.

Certainly there is massive room for improvement in King County Elections, but in this posting I attempt only to touch on what happens at the polling places.

Regarding the reported 22 ballots that were found in the bottom of some voting machines weeks after the election, this is not a sign that workers weren’t thorough enough in making sure they’d grabbed all of them, but rather that these ballots were not legitimately cast ballots. This poses the question why blank ballots were available for anyone (Elections employee or not) who might tamper with the process by planting them there after the election in hopes that they’d be counted? These ballots (each accounted for once all of the materials are returned to Elections headquarters) should be destroyed publicly and in full and open view so that no “extra” ballots can enter the system post-election

On a related subject of provisional ballots, if King County had wanted to ensure that provisional ballots were not cast along with poll ballots, they would have devised some sort of color coding or other system in order to keep those voting with provisionals from placing them in the AccuVote machines improperly which then are immediately tallied. To the same extent, absentee ballots should be yet a different color (at least they’re counted if they’re returned to the polls now before they’re sent back to the Elections department to be verified and counted) and then finally “re-marked” ballots should be yet a third as to absolutely ensure the integrity of the voting process while still adhering to the principle of voter privacy. This assumes that the AccuVote machines are able to read the various colored papers as accurately as the read plain paper ballots.

Lastly, a ballot box guard should be responsible for ensuring that no ballot is placed in the machines that should go through a different process to be verified and tallied.

This does seem like common sense, but remember that we’re talking about government and they’re not particularly prone to using (or having it for that matter) much of it.

David Carson
Redmond, WA

Posted by: Carsonator on January 9, 2005 02:44 PM
12. good insight

Posted by: Michele on January 9, 2005 02:58 PM
13. Carson--the 22 ballots were rejected IIRC, for precisely the reason you indicate: security could not be guaranteed.

Posted by: torridjoe on January 9, 2005 05:51 PM
14. Why are the provisional ballots not rejected by the vote reader? Stupid program error or calculated cheat mechanism? Since most programmers tend to be democrats I tend to believe the second. Perhaps someone could make a mark on plain paper that would be counted????

Posted by: Walter E. Wallis on January 10, 2005 03:33 AM
15. Walter,
In WA state, the provisional ballots are physically identical to the regular ballots. Each is placed in an identifying envelope. When the election judge opens that envelope, he or she was supposed to fold the ballot several times to make sure that the machine would reject it. (Or at least that was the practice at one polling station.)

See the entry "Provisional Madness" on 5 Jan for the first-hand reporting on this.

Posted by: Bostonian on January 11, 2005 03:49 PM
16. Come on people! How can we expect King County to implement these complex solutions? This would require extra funds! Purple or orange paper instead of white? THAT COSTS A FORTUNE!

God help us. Or if that doesn't work, Kinko's help us!

Posted by: Larry on January 12, 2005 11:14 PM
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