May 31, 2005
Sideshow Bob

Snohomish County Auditor "Sideshow" Bob Terwilliger is on the stand.

Terwilliger also counted several hundred more ballots than voters, was unfamiliar with Secretary of State administrative rules for proper election conduct and drafted the idiotic letter from county auditors praising Dean Logan

Hamilton is wasting the courts time on an irrelevant situation where there incorrectly appeared to be more ballots than registered voters, because the poll books were printed before the voter registration list was finalized. Snooze.

Posted by Stefan Sharkansky at May 31, 2005 02:54 PM | Email This
Comments
1. He actually drafted that letter?!
This is getting way too rich! Love having you there to give the play by play Shark. Saw you at the Kitsap County Republican dinner in Silverdale. Good show old man!

Posted by: pete on May 31, 2005 03:07 PM
2. Why does every set of questions from the Democrat's lawyers start out with a set of questions that have answers that are excuses about why the counties couldn't follow the law? "We broke the law because it was too hard to do it legally."

Posted by: MikeL on May 31, 2005 03:12 PM
3. Gosh this is great.
I couldn't believe seeing Handy's name on the list of Dem witnesses.
Frankly, I was shocked and pi$$ed that the R's didn't call him.

It don't get any better than this!

Handy is clearly part of a close-knit group that decided to circle the wagons to "protect the integrity of the Election community". How noble!!
And to do so, they lowered the bar of expectations to lower than whale sh*t!!!

It's ALWAYS the cover-up that exposes the incompetence and intent. These guys are stupid.
How happy is Durkan today???
Perhaps her life partner will provide comfort this evening.

Posted by: Mr. Cynical on May 31, 2005 03:17 PM
4. Sideshow, or Baghdad?

Posted by: Dogbert on May 31, 2005 03:18 PM
5. so how many more of these witnesses until the Times claims the smoking gun has been found?

Posted by: Joel on May 31, 2005 03:23 PM
6. Dogbert... "sideshow or Baghdad"... what are you talking about... lost my feed and afraid I missed something interesting.

Posted by: Victor on May 31, 2005 03:23 PM
7. Victor - Look at the title: "Sideshow Bob"

Posted by: Dogbert on May 31, 2005 03:24 PM
8. Just for those who don't know, Kelsey Grammar plays a deranged ex-sidekick of Krusty the Clown on The Simpsons.

His name?

"Sideshow" Bob Terwilliger. Life imitates art :)

Posted by: steve_dog on May 31, 2005 03:29 PM
9. OK time for me to take a break. The current testimony strikes me as a move to put everyone to sleep. That said "Sideshow Bob" sure seems to be volunteering alot of info.

Posted by: Victor on May 31, 2005 03:31 PM
10.
Try him as a hostile witness, dammit!!

Posted by: Mike on May 31, 2005 03:35 PM
11. Bob is saying that if you can get a second (or more) ballots past them, then they would be valid ballots. Seems to be a theme....

Posted by: Jack on May 31, 2005 03:37 PM
12. ooooh

He's getting visibly ticked about Korrel's cross.

Posted by: Andy on May 31, 2005 03:38 PM
13. Sideshow Bob:
We don't care how the votes get there legal or illegal we'll count them and certify them!

Posted by: Chuckyj on May 31, 2005 03:39 PM
14. Sounds like "Rubber-stamp" Bob to me.

Posted by: starboardhelm on May 31, 2005 03:39 PM
15.
Seems like Korrell was kinda soft on him. Why not nail him down better?

Posted by: Mike on May 31, 2005 03:44 PM
16. Lol, they are back to the argument that it was just tooo haaard for King County to accurately run the election because an election is far more complex with the increased size of the county.

Posted by: Jason on May 31, 2005 03:51 PM
17. Pearson's testimony must be damaging they just turned off the cable feed.

Posted by: Joe on May 31, 2005 03:56 PM
18. Terwilliger's description of the canvassing board's duty was almost indistinguishable from Logan's. He essentially said that the board accepts what is put in front of them as the true representation of votes cast, and that the canvassing process is simply counting the votes on whatever ballots appear in the system.

How could the law be worded to get the point across to people like him?

The certificate of election is issued in reliance on the canvassing board's certification that the vote totals are a true representation of the votes cast.

Do we need to put "legal" in front of "votes cast"?

Are people like Logan and Terwilliger unable to understand that a "verification" of the abstract is a determination that it is true -- and that it cannot be true if it includes votes on untold numbers of illegal ballots, rejected ballots, and legal ballots that were sent through the vote tabulation more than once?

WAC 434-262-070 Official county canvass report. Upon completion of the verification of the auditor's abstract of votes and the documentation of any corrective action taken, the county canvassing board shall sign a certification that the abstract is a full, true, and correct representation of the votes cast for the issues and offices listed thereon.

Posted by: Micajah on May 31, 2005 03:57 PM
19. They had no reconciliation trail or they wouldn;'t have found additional ballots twice (224,3).
They had no idea ballots were missing until they found them.
What an accounting system!!!!!!!!!!!!

Posted by: Norm on May 31, 2005 03:57 PM
20. Stefan just whooped Goldy's sorry a$$ on Carlson.
Actually, Goldy whooped his own sorry a$$ too.

Goldy actually said the Dems are calling Logan as a witness because "they have already won the contest"???? What in the heck?? Carlson said that would be like a salesman keeping on talking AFTER making the sale. STUPID!

Stefan--
Goldy is truly a clown. Maybe Goldy and Sideshow Bob can team up to entertain the troops. Geeez..
the Seattle Rabbi's must be relieved Stefan is on the show with Goldy....otherwise a lot of people might be under the misconception that all Jewish people are as dimwitted as Goldy!!

Posted by: Mr. Cynical on May 31, 2005 04:02 PM
21. Micajah,
Great point, They are either too lazy or stupid to believe part of their job is not to be a safeguard against illegal votes. Maybe a little of both

Posted by: Joe on May 31, 2005 04:02 PM
22. speaking of moving targets...the dems aren't able to hit the broad side of a Barn which is not a "moving Target"

Posted by: me_b_watching on May 31, 2005 04:06 PM
23. Question,
Why do the counties "credit" voters? It seems to me you either voted or you didn't, and only those who voted should be credited with voting.

Posted by: Chuckyj on May 31, 2005 04:06 PM
24. anyone know who actually is responsible for giving the people a clear and accurate election? All i have found out in the last week is we have an incredible pass the buck system.

Posted by: ShariW on May 31, 2005 04:09 PM
25. (...)Hamilton is wasting the courts time(...)

Your charactarization is false: he testified their reconciliation/accounting of absentee ballots was incorrect, which mirrors your latest KC "crime" dejour (WAC 434-262-070). He/Snohomish county believed there was a match between absentee ballots mailed/recieved/counted... until they found 224 that weren't during 2nd recount!!!

Imagine that... +-20 Rossi gain in absentee ballots discovered under exact same circumstances as those in KC.

Posted by: JDM on May 31, 2005 04:10 PM
26. No, its the opposite
"Lol, they are back to the argument that it was just tooo haaard for King County to accurately run the election because an election is far more complex with the increased size of the county."

He meant, "its harder to fudge things in the small counties where the mistakes are more visible"

Posted by: Righton on May 31, 2005 04:17 PM
27. Chuckyj at May 31, 2005 04:06 PM --

Welcome back. Did you have a nice trip to the other side of the globe? ;-)

Crediting voters at the polls by a notation in the poll book and in the voter registration and elections management computer system when their absentee or provisional ballots are accepted makes it possible to tell who has already voted -- and thus doesn't get the chance to vote more than once.

It also makes it possible to tell how many ballots should be in the vote count -- which is why the false Mail Ballot Report and Provisional Ballot Summary Report in King County are important. To know if you have counted only legal votes, counted all of them, and counted them only once, you absolutely have to know how many should have been counted by the vote tabulation system. You find out how many legal votes should be in the vote tabulation by checking to see how many voters were credited with voting. For absentee and provisional ballots, you double check by seeing whether the number of ballots on which votes were counted plus the number of rejected ballots equals the number of ballots received. You cannot do that reconciliation without knowing how many you received -- and King County still doesn't know how many they received, and they still have a gap of 875 more ballots in the vote count than voters credited with casting absentee ballots.

As you say, "It seems to me you either voted or you didn't, and only those who voted should be credited with voting." And, that is how it works. Voters are credited with voting to show that they voted.

The need to protect the secrecy of the ballot means that those at the polls are credited with "participating." No one knows whether they marked even one vote on the ballot.

For absentee ballots, the ballot is verified before it is seen, and so the voter is credited with voting -- but it may turn out that once the ballot itself is examined it turns out not to be valid. If the envelope is actually empty, or contains no valid ballot, there's no way at that point to go back and tie it to a particular voter and remove that voter's credit for voting. So it is possible to be credited with voting even though you have no ballot in the vote count -- but there is no way around that unless you want to eliminate secret ballots.

Posted by: Micajah on May 31, 2005 04:26 PM
28. "So it is possible to be credited with voting even though you have no ballot in the vote count -- but there is no way around that unless you want to eliminate secret ballots."

I don't know if there is a method which will make everybody happy, but it should be possible to device a system based on encrypted serial numbers to allow a machine to uncredit, while at the same time making it impossible for an election worker (or anyone else) to determine the identity of a voter from the ballot. This would involve systems that would have to be validated prior to use in an election, because once they are used, it would be impossible to challange any of the results.

As I say, there would be objections, because we, in effect, would have to trust a machine, but it actually would be possible to do what you describe.

Posted by: Dogbert on May 31, 2005 04:41 PM
29. Micajah,
Thanks for answering my question, I think you proved the point I was trying to make. This argument over whether crediting is a valid part of the reconciliation of ballots is rediculus, it obviously is. As you put it :
(It) makes it possible to tell who has already voted -- and thus doesn't get the chance to vote more than once.
Why is that so hard for elections officials to understand?
I know this has been argued before but it seems like this is a simple accounting procedure. You have five options for every ballot: Vote for Rep, Vote for Dem, Vote for Lib, Overvote, or Undervote. 1+1+1+1+1=5. Whether you call it reconciliation, crediting, or something else there ought to be a single sheet of paper somewhere that has the number of ballots counted and a breakdown into the five columns above.
Really, how hard is that?

Posted by: Chuckyj on May 31, 2005 04:43 PM
30. Sorry,
I forgot the sixth option for the absentee envelope with no ballot, a column that simply says no ballot.

Posted by: Chuckyj on May 31, 2005 04:45 PM
31. Micajah - After thinking about it for a few minutes, this actually wouldn't be as hard or as restrictive as I thought. Using a well-proven method called "one-way functions", it should be entirely possible to enter a serial number for the envelope in one database, and then see if the matching ballot with a derived serial number ever showed up an another database, while making it impossible to determine the identity of the voter form the derived serial number.

Posted by: Dogbert on May 31, 2005 04:51 PM
32. Chuckyj: There should probably be additional columns for ballots which have not yet been validated, or for ballots that have been validated but not yet counted, etc. From the moment the polls close, all applicable totals should reconcile precisely--everything that seems to be a ballot that time must be forevermore counted as 'something' even if the classification becomes 'empty envelope', etc..

Dogbert, Micajah: One requirement of a secret ballot system is that unless the votes in a precinct are nearly unanimous, there must be no way by which anyone could possibly discover how a person voted, nor any way for any person to prove how he voted. The latter requirement is necessary to protect voters from bribery or blackmail [some GOTV people might pay you $100 to vote for Kerry, but they should have no way of knowing you actually did so]. Any system which would allow a person's vote to be withdrawn would fail this criterion.

BTW, I make the exception for near-unanimous votes because if all but 'n' people in a precinct vote for candidate X, a group of 'n' people who all voted for candidate Y in a precinct would know that everyone else voted for candidate X. Further, if everyone in a precinct votes for candidate X, everyone in the world can tell the vote of everyone in the precinct.

Posted by: supercat on May 31, 2005 05:17 PM
33. Dogbert -

In a perfect world, having the capability you describe would be a good enhancement of the system.

In the real world, I afraid that such a capability would simply provide one more opportunity for fraud and abuse.

If KC Elections (or any other, for that matter) were doing things correctly, such errant credits would be noted and counted, and could then be subtracted during reconciliation.

Posted by: ewaggin on May 31, 2005 06:08 PM
34. Micajah,

You said,

‘If the envelope is actually empty, or contains no valid ballot, there's no way at that point to go back and tie it to a particular voter and remove that voter's credit for voting. So it is possible to be credited with voting even though you have no ballot in the vote count -- but there is no way around that unless you want to eliminate secret ballots.’

This is incorrect. Envelopes have the signature verified prior to being opened. This means they are physically handled prior to being opened. I live in Kitsap County which has holes in both the outer envelope and the inner envelope. These holes should line up so one can see if there is a ballot inside. I say ‘should’ because the holes are off center and if the inner envelope is inserted backwards the holes cannot line up (this is stupid). Nevertheless, try holding an absentee ballot envelope (both outer and the security envelope) with a ballot inside and another without. The feel is very different. Not a little, not slightly, but very different. These can be removed during the signature validation. Removal of crediting should occur here.

Posted by: RG on May 31, 2005 06:09 PM
35. I will correct myself. You are incorrect only 'If the envelope is actually empty,'.

Posted by: RG on May 31, 2005 06:16 PM
36. ewaggin, supercat, et. al,

1. forget the first post, I was just thinking out loud.

2. Read carefully the second post. This is counterintuitive, but mathematically rigorous. It is possible to create a fairly simple method by which you can be sure that there is a ballot cast for every envelope recieved without compromising voter secrecy. This is basically the same technology which allows secure (HTTPS) bank transactions over the internet. The key is that you can match an envelope to a ballot without being able to match a ballot to an envelope.

And yes, I agree that not creating the screw-ups in the first place is first choice, but the issue here is how do you have a paper trail after they (predictably) have already hosed it.

Posted by: Dogbert on May 31, 2005 06:19 PM
37. Trivia time: in 1953 Dr. Seuss put out a live-action movie called The 5,000 Fingers of Dr. T, in which a piano teacher (Dr. Terwilliker) kidnaps 500 boys (including the movie's hero, Bart) to play at his massive piano. It's a good movie, too.

Posted by: pudge on May 31, 2005 06:54 PM
38. Okay, maybe this is a stupid question, but how many people go to the trouble of signing and mailing an envelope, but fail to put anything in that envelope?
Is an empty envelope a common form of protest? I can see a few absent-minded people doing it, but not enough to affect even the closest elections.

Dogbert, the system sounds good, but would elections offices complain about the cost?

Posted by: Shannon K on May 31, 2005 06:58 PM
39. Micajah,

To expand on my prior post;

‘If the envelope is actually empty, or contains no valid ballot, there's no way at that point to go back and tie it to a particular voter and remove that voter's credit for voting. So it is possible to be credited with voting even though you have no ballot in the vote count -- but there is no way around that unless you want to eliminate secret ballots.’

There is always way if you apply yourself. I assume that what you mean is an invalid ballot (i.e. a primary ballot or one from a former election). A window could be put in both the outer and the inner envelope to expose a bar code on the ballot that must match the bar code on the outer envelope. We all pay bills that require us to line up the address of the payee in a window on the return envelope. Those that don’t can be sent to canvassing board to be verified for crediting. This may not be the optimal solution, but I am just one mind of many.

Posted by: RG on May 31, 2005 07:04 PM
40. To even go further, the return address and the relevant information concerning the election should show thru the same window. If one puts the ballot in incorrectly the mailing gets returned as undeliverable. Sometimes the simplest solution is the best.

Posted by: RG on May 31, 2005 07:21 PM
41. Shannon K - Not necessarily advocating a high-tech solution, I'm just pointing out that there are ways, therefore it's not impossible. There's probably a better system (like doing good quality control in the first place).

Posted by: Dogbert on May 31, 2005 07:37 PM
42. Dogbert,

Are you sure you stated what you wanted to say correctly?

‘The key is that you can match an envelope to a ballot without being able to match a ballot to an envelope.’

My envelope, with my identity, can be matched to my ballot? But if my ballot is randomly pulled they can’t connect it to me? Where’s the secrecy in that?

Posted by: RG on May 31, 2005 08:01 PM
43. The average number of ballots - poll, provisional and absentee, per precinct was 343. I find it very difficult to buy into the theory that King County is too big to properly count and account for 343 ballots at a time.

A poster last week compared Chelan county (I think) with King County and showed how Chelan actually has a larger average number of ballots per precinct than King County and they had an order of magnitude fewer errors.

Nick Handy testified that the errors KC committed were normal, usual and acceptable.

I've worked for inventory companies and managed electronic component inventories. There is no way I would have kept my job with errors matching the "normal" level KC has admitted to.

Too bad government doesn't have to follow the Sarbanes-Oxley act.

Posted by: Jack on May 31, 2005 08:30 PM
44. RG - Let me try to rephrase it. You can, using this method, know if a ballot corresponding to a particular envelope is in a set of ballots, without being able to trace backward from that ballot, and find the envelope that it came in. Does that make sense?

Posted by: Dogbert on May 31, 2005 08:32 PM
45. Is there any impetus in Olympia at this point to actually reform the election laws or procedures? Or do we have to wait for a favorable decision by Bridges and the state supreme court, followed by a new election, before we can have real election reform?

It would be nice to start with a round of firings. I try not to rush into "off with their heads" mode, but the firing of Nick Handy would be a good way to signal that Sam Reed is serious about impartial and fair elections. I don't think there's any hope of Ron Sims firing any of his people, and if he did, he'd only replace them with like-minded get-out-the-Dem.-vote types.

Posted by: Shannon K on May 31, 2005 08:58 PM
46. Make them sign Sarbanes - Oxley (seriously)...make em pay for crimes like private execs now have to.

Could you imagine Huenekens and Logan messing w/ the books if they knew it mattered?

Posted by: righton on May 31, 2005 09:04 PM
47. "the firing of Nick Handy would be a good way to signal that Sam Reed is serious about impartial and fair elections"

After the blizzard in Riyadh.

Posted by: Dogbert on May 31, 2005 09:12 PM
48. Righton - Great idea!! Why is it that government employees should get a pass? If anything, they should be held to a higher standard.

Posted by: Mark D on May 31, 2005 09:18 PM
49. Just to add a bit on to my previous comment.

People have given their lives for our right to vote. It is of much greater consequence that every LEGAL vote count then every penny balance in a company's annual report.

Posted by: Mark D on May 31, 2005 09:23 PM
50. Yeee-ouch!! He's my elected auditor...

(grin)..well, at least for NOW...actually, I'm disappointed; thought him better than that; but I can fix THAT at the next election.

Bob--I liked ya; I voted for you; but...the mop's a-swingin' and da' floor is gettin' CLEANED! You play, you take the risks;

Posted by: Jimmie-howya-doin on May 31, 2005 09:32 PM
51. Dogbert, RG, and Shannon K --

Empty envelopes do occasionally get to the openers. King County's spreadsheet indicates it happened either 69 or 73 times. (On line 22, someone put a minus 4, which caused that line to reconcile when that minus 4 was subtracted from the number of ballots that had supposedly been sent for opening. But what does a minus 4 mean? 4 ballots which used to be not there were suddenly found to be there? It's amazing how many puzzles their records present. Since the procedure for all others was to put a positive number in all the columns, it apparently means that 4 of the 236 accepted ballots in that batch disappeared, since a positive 4 would have shown exactly that via their spreadsheet's formula for checking the totals at each stage. One of those disappearing ballots somehow got counted by GEMS -- 211 supposedly went for tabulation, and 212 were tabulated by GEMS. Magic!)

I don't know how many times the wrong ballot was put in the envelope, since their spreadsheet doesn't have a column for that. Their false mail ballot report said it happened 89 times. (The false mail ballot report contained no figure for the number of empty envelopes.)

If anyone had put more than one ballot in an envelope but had only one voter's signature on the envelope, one or both would have been rejected after verifying the signature. The spreadsheet has no column for that. The false mail ballot report said it happened 203 times.

Since it appears that these things rarely occur, it seems simpler to keep a log of them and tally up the numbers at the end. Then, you would know why you have a few more voters credited with participating compared to the number of ballots sent through the vote tabulation system.

Posted by: Micajah on May 31, 2005 09:53 PM
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