Jon Kantrowitz Talks with Denise Merrill – Discussion of EDR, Early Voting and Vote Counting

John Kantowicz posted comments from a discussion he had with Secretary of the State candidate Denise Merrill on MyLeftNutmeg. This has led to a lively discussion of Election Day Registration (EDR), Early Voting, and Vote Counting with several activists and a registrar joining in the discussion.

John Kantowicz posted comments from a discussion he had with Secretary of the State candidate Denise Merrill on MyLeftNutmeg <read>

I had a nice talk with Denise Merrill, candidate for Secretary of the State, last night. She is not in favor of election day registration, but asked me for some evidence that it increases voter turn-out.

Here is the evidence:

Nine states have some form of Election Day voter registration: Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, North Carolina, Wisconsin and Wyoming. Montana began Election Day voter registration in 2006, North Carolina in 2007, and Iowa in 2008. Connecticut also has Election Day registration, but only for presidential elections. (North Dakota, unique among the states, has no voter registration requirement at all.)

She does favor early voting, by the way. While not allowing registration on Election Day itself (the last day to vote), the states of Ohio and North Carolina offer a period where voters can register and then early vote.

Voter turnout is much higher in states using Election Day registration than in states that did not. In the 2004 presidential election, voter turnout in same-day voter registration states was 12 percent higher than states that did not;] in the 2006 midterm elections, states with same-day voter registration had turnout rates 10-12 percent higher than in other states. In the 2008 election voter turnout was 7% higher in EDR states. The top five states all had Same Day Registration.

This has led to a lively discussion of Election Day Registration (EDR) and Early Voting with several activists and a registrar joining in the discussion.  I would suggest reading the whole discussion.  On MyLeftNutmeg,  where I am ‘BlastFromGlast’, here are my comments there:

EDR, if it is done safely and effectively. Early voting done well is Expensive

EDR has been done well by other states at the polling place with no problems, I am in favor if its done well. However, doing it the way the legislature has proposed for the last couple of years is  risky and disenfranchising.

The proposal has been to have it done in one central location per town and the ballots handled sort of like absentee ballots but with even less controls specified in the law than exist for absentee ballots. The risks are that 1)voters can be disenfranchised because they don’t get a chance to revote if they have over votes. 2) Unless there is a legal, enforced, and enforceable chain of custody the votes can be changed or trashed along the way.

Don’t think of EDR as a few votes. In can be 20-30% of the vote like it is in some other states, much more work than the current Presidential Ballot, and much more influential on election results.

EDR votes should be handled like any other vote in a full polling place with ballot clerks, machine tender, scanner and placed in the ballot box by the voter, who has an opportunity to correct the ballot for any reason including overvoting. Presumably new voters can make mistakes even more than the average voter.

To gain the same benefits from EDR as other states have, we need to vote in the same general way they do: Polling place EDR with the same voting methods as all voters.

EDR has savings as well as costs. Less registration work in advance of the election. Less arguments between Assistant Registrars and voters who think they registered (some who probably did). None of the hassles of the Presidential ballots. In the end it likely costs a bit more, especially since there would be more voters overall, which would overall be a good thing.

EARLY VOTING:
Early voting has its own risks but is also very expensive and difficult to do in New England with town by town voting.

The risk is that the ballots and the voting machines need to be kept secure between each voting session, the current level of security might be insufficient for EDR. Currently, machines and blank ballots are often delivered to polling places the night before and then returned to town hall after late on election night, but there is a whole new level of security needed to protect voted ballots and machines between early voting sessions. (And we need to beef up the current level of security which leaves ballots and machines in most towns subject to access by single persons, via a single key, for almost unlimited time, undetected).

Without changes in the State Constitution and dramatic changes in organization, early voting would require one polling place in each of 169 towns. Each day costing a minimum between $1,500 and $2,000 per town. Each day of early voting would thus cost several times what the post-election audit costs.

Of course early voting could also be accomplished by mail-in voting (also called unlimited absentee balloting) but that has its own risks) [With a couple editing fixes which I cannot do on comments at MyLeftNutmeg]

John Kantowicz continues with another thoughtful post: Denise Merrill and Counting Votes <read>

Video: Two Candidates At The JJB Dinner

Gerry Garcia and Denise Merrill, candidates for Secretary of the State at the Jefferson Jackson Bailey Dinner (Annual CT Democratic Party Fund Raiser)

Gerry Garcia and Denise Merrill, candidates for Secretary of the State at the Jefferson Jackson Bailey Dinner (Annual CT Democratic Party Fund Raiser) <By CTBob>

Gerry Garcia:

As Bob Says “Denise Merrill (who lost her voice, which resulted in the subtitles):”

CTBob gave Denise another chance with her voice recovered. Much on the environment. Why she is running for SOTS starts at about 1:40 in.

One Way Connecticut Could Empower Military and Overseas Voters

Which would you prefer if you were overseas, in the military, and had a few minutes to use a computer on base? A one page listing of do’s and don’ts or an interactive facility with Frequently Asked Questions and a staffed help desk designed by and for military and overseas voters?

The Connecticut Legislature is poised to pass a bill to change Connecticut absentee voting laws to implement the Federal Military and Overseas Voters Empowerment Act (MOVE).  Although we have been critical of some unfortunate provisions of the Federal act, its overall intentions and many of its provisions are important and are a significant improvement.

One key to truly empowering military and overseas voters is accessible, timely information to speed the process of meeting the requirements of obtaining, completing, and returning absentee ballots and applications.

Four levels deep on our Secretary of the State’s web site we find the following today:

Looking at another state, we find a link to the following interactive facility designed and staffed by the Overseas Vote Foundation:

Which would you prefer if you were overseas, in the military, and had a few minutes to use a computer on base?  A one page listing of do’s and don’ts or an interactive facility with Frequently Asked Questions and a staffed help desk designed by and for military and overseas voters?

To their credit seven states use this system to server their military and overseas voters:    Alabama, Kentucky, Minnesota, Ohio, Texas, Vermont, and West Virginia    <details>

It is not free.  It would cost Connecticut about 1/3rd the salary of a lawyer in the Secretary of the State’s Office, or about  1/10th the amount of a primary campaign grant to a single candidate for Secretary of the State under the Citizens’ Election Program.

We will add this to our list of items that a Secretary of the State could do.  Perhaps all voters deserve similar services as well.

Sen. Harris Formally Enters Race – Rep. Larson Endorsement

“The secretary of the state’s office is about jobs and democracy,” Harris, a Democrat, said. “And what more basic components do we need to be successful in the future in Connecticut?”

Today State Senator Jonathan Harris formally entered the race for Secretary of the State with the endorsement of Congressman John Larson. <Candidate’s Web Announcement> <Courant Article>

From the candidate’s site:

“I feel the time is right to reinvigorate the role of the Secretary of the State to play a vital role in growing and retaining businesses in Connecticut,” said Sen. Harris. “The Secretary of the State not only performs the traditional roles of recording the state’s business, administering elections and maintaining business registration but should also vigorously advocate for Connecticut’s businesses and promote job creation.”

“From the Courant:

“The secretary of the state’s office is about jobs and democracy,” Harris, a Democrat, said. “And what more basic components do we need to be successful in the future in Connecticut?”

Harris promised to bring his legislative skill as a consensus builder to what he called the secretary of the state’s “bully pulpit,” a combination he said would increase small-business growth and resulting tax revenue. He also said he will increase citizen participation in elections and civic functions, and improve the office’s capability to provide more information, over the Internet, to citizens and businesses.

The Courant article states that Richard Abbate is still a candidate, while the last we heard, he was not.

Update:  Video from Local Online News <video>

Video: Corey Brinson at Stamford Tea Party

“Organizations like ACORN are fighting every day to undermine our election process and that’s why the democrats are fighting to push through same day voter registration., people are fighting every day to steal the election…I am against anything where I have to give up liberty or freedom or where someone has to tell me how to live my life…what Obama is doing is unamerican.”

Organizations like ACORN are fighting every day to undermine our election process and that’s why the democrats are fighting to push through same day voter registration., people are fighting every day to steal the election…I am against anything where I have to give up liberty or freedom or where someone has to tell me how to live my life…what Obama is doing is unamerican.

Video: Denise Merrill visits the Milford DTC

“Frankly, I’m not all all that concerned about getting lots more people registered to vote. We saw last time 225,000 people registered to vote who had never voted before…they wanted to vote because they were inspired to vote, because they had someone to vote for, and that is what we need.”

From Connecticut Bob who posted all those visiting the Milford DTC:

Frankly, I’m not all all that concerned about getting lots more people registered to vote. We saw last time 225,000 people registered to vote who had never voted before…they wanted to vote because they were inspired to vote, because they had someone to vote for, and that is what we need.

Rep. Spallone drops out – Endorses Merrill for Secretary of the State

…he concluded that he cannot devote his full attention to repairing the state‘s fledgling campaign finance law, his duties as co-chairman of the General Administration and Elections Committee, and his district, while running a statewide campaign.

CTNewsJunkie has the story: Spallone Steps Aside, Endorses Merrill <read>

Deciding this was not the right time to run for statewide office, Spallone said he concluded that he cannot devote his full attention to repairing the state‘s fledgling campaign finance law, his duties as co-chairman of the General Administration and Elections Committee, and his district, while running a statewide campaign.

“I also have a law practice and, most importantly, two very young children at home. This is simply not the right time for me to wage a statewide campaign,” Spallone said in an emailed statement.

In that same statement he endorsed Merrill.

“Denise’s commitment to good government and expanding our democracy predates her service in the legislature,“ Spallone said. “Denise has helped me countless times with my work on government and electoral reform, and she is committed to restoring civility to our political discourse and engaging the next generation of voters.“

Spallone Steps Aside, Endorses Merrill

What could a Secretary of the State Do?

Much of what we hear from candidates is proposed cheerleading and leadership from the bully pulpit: the bills they would propose to the legislature, the leadership they would provide to improve the business climate, encourage voting, and voting integrity in Connecticut. However, there are items that the Secretary of the State can do on their own initiative to improve business registration, public access to information, and the election process.

Much of what we hear from candidates is proposed cheerleading and leadership from the bully pulpit: the bills they would propose to the legislature, the leadership they would provide to improve the business climate, encourage voting, and voting integrity in Connecticut.  Don’t get me wrong these are useful and legitimate roles for the Secretary of the State.  However, there are items that the Secretary of the State can do on their own initiative to improve business registration, public access to information, and the election process.

When I talk to candidates for Secretary of the State, one of my main themes is what they could do on their own authority as Secretary of the State to improve election integrity and public confidence.

Here is my initial list of items, which may be expanded:

  • Provide detailed, accurate, downloadable, election information and notices on the Secretary of the State’s web site, while increasing the integrity of the post-election audit
  • Create jobs, efficiency and election integrity in Connecticut by changing the way memory cards are programmed and tested
  • Improve documentation and training for election officials,  in substance and format
  • Provide written directives and responses to inquiries from election officials

We recognize that everything costs money, however, most of these items are relatively modest items that appear to be within the authority of the Secretary of the State.

Further Details

Provide detailed, accurate, downloadable, election information and notices on the Secretary of the State’s web site

In a PEW study the Connecticut site ranked 48th out of 50 states.  We could debate if we should be higher in the rankings, or instead work to emulate and surpass the top ranked states.

The process of accumulating voting results in Connecticut is an error-prone three step process of addition and transcription, from polling place, to town hall, to the Secretary of the State’s Office, and to the web.  Citizens have identified errors large and moderate – errors of a magnitude  which could change election results, the initiation of recanvasses, or ballot access. See <here> <here>

Without reliable, publicly posted results, post-election audits cannot be accomplished which inspire confidence and provide integrity.  A trusted audit requires selecting districts for audit against previously posted results.  Since we audit against optical scanner tapes, and the tape results are not posted, then we fail to meet that requirement.

What can be done?

  • Post copies of the original documents: All district and central count absented ballot Moderator’s’ Reports and copies of scanner tapes should be faxed to the Secretary of the State’s Office and posted on the SOTS web site. (We know this is easily possible since the SOTS web site has recently included images of all local ballots, and is capable of the quick addition of press releases)
  • Post detailed and summary data: The SOTS could use temporary employees or outsourcing to input and double check the input of all that data, then post it to the web site in human and downloadable formats.
  • Side benefit: A free public audit: As a byproduct the public, candidates, and parties could check and audit the data at no cost to the state.  To do that today would involve visiting town halls across the state and performing all the calculations done today by hand – efficient auditing of selected districts is not possible because detailed data is not currently posted.
  • Consider using the Overseas Vote Foundation facility for empowering military and overseas voters, now in use by seven states.  This is an example of what could be done to empower all voters. (Added 4/4/2010)
  • Improve post-election audit integrity: Stop accepting reports showing wild discrepancies as extremely accurate and make all audit investigations public and transparent. (added 7/31/2010) <Extremely Accurate> <Audit Reports>

Another area of irritation and loss of integrity in the post-election audits is that while the Secretary of the State’s Office is able to post ballots for every municipality, they are not provided with a reliable list of polling districts in those municipalities.  By requiring the faxing of district Moderator’s Reports and posting them, this uncertainty would be eliminated.

Another problem is public notification of audit dates, times and locations.  By procedure (unfortunately not by law), registrars are required to inform the Secretary of the States’s Office three days in advance of the local audits.  If these dates were posted by the SOTS Office within 24 hours of receipt, then the public, candidates, and parties would have much better access to actually observing audits.

Beyond audits, having centralized voting district locations and assisting voters in finding their polling place would help the public and partially relieve that burden from towns.

Create jobs, efficiency and election integrity in Connecticut by changing the way memory cards are programmed and tested

Currently, before each election, memory cards are programmed in Massachusetts by our distributor, LHS Associates.   The cards are shipped to local election officials for pre-election testing.  There are two problems:

  • We have no effective supervision over the process.  One of the risks is insider fraud or intimidation of those who program and ship memory cards.
  • The process is not perfect, and the memory cards are physically unreliable.  Extra effort is required when bad cards are discovered by the Registrars and new cards need to be ordered and shipped.  See <UConn Report.>

What can be done?

  • Perform the programming in Connecticut: In other states (outside of New England) large counties program their own cards and often perform programming at a fee for small counties.  We have paid for two machines which we can use to program the cards. They could be used by state employees or outsource the programming within Connecticut.
  • Independently test the cards nearby the programming: UConn has developed, at taxpayer expense, a program to eliminate many causes of error in the cards and easily detect bad cards with “junk” data.  Currently this program is underutilitzed in no non-random testing of cards selected by local officials after pre-election testing and after the election.  We can exploit this program to 100% pre-test the cards, enhancing integrity and reducing wasted effort by local officials when they discover “junk” cards.
  • Side Benefit:  Jobs: It might be small, yet every job moved back to Connecticut would be a benefit to the state.  Like large counties in other states, we might provide the service to other states in New England – we could compete with LHS for business and with the added advantage of the UConn testing program.  Perhaps we could expand beyond New England to service other states.

We also note a large cadre of very part-time election officials, many of whom served as lever mechanics and later as vendor trained optical scan technicians.  We expect that several of these same individuals could quickly train to meet the seasonal demand for programming and testing, and appreciate the opportunity for work and public service.  It would not take many.

Improve documentation and training for election officials,  in substance and format

The current Secretary of the State and her staff have worked to improve documentation and training.  This work should continue and be taken to a new level.

What can be done?

  • Update and improve the value of manuals: The Moderator Manual, the Absentee Ballot Moderator, the Recanvass Manual and the Post-Election Audit Procedures were modified after the commitment to optical scanners.  They need to be updated and expanded based on experience.  They need to be rewritten and edited by professional technical writers to make them more effective as training and reference documents.  For instance,
    • The Absentee Ballot Moderator’s Manual still calls for multiple counting throughout the day, but only one count is necessary with optical scanners.
    • The Post-Election Audit procedures should provide more details in several areas:  Counting incomplete bubbles, counting write-in votes, exactly what levels of differences should call for recounting and investigation, and help with accurate and efficient counting methods.
    • The Recanvass Manual should also cover details of counting incomplete bubbles, counting for voter’s intent, voter identifiable ballots, and the role of designated observers.
    • There may be value in following the examples of other jurisdictions in creating observer manuals for post-election audits and recanvasses.
  • Improve and expand certification: The Secretary has begin efforts for Registrar Certification and Training to complement the current Moderator Certification and Training.  The Registrars job is much more involved than that of a Moderator, yet Registrars have no formal training and certification program (And currently there is no requiremen for Registrars to be certified Moderators or to attend training.  Moderators are supposed to be certified, yet that is not enforced – these are issues for the Legislature and an example of where the Secretary of the State could be an effective cheer leader)

Provide written directives and responses to inquiries from election officials

One responsibility of the Secretary of the State’s Office is to advise election officials on proper procedures according to law, regulations, procedures, and directives.  We have heard registrars complain that the advice given depends on who one talks to, and on what day.  We have no way of determining if that is true or how prevalent the problem is.  The uncertainty and over-reliance on verbal communication should be eliminated.

We hear the same from committee political treasurers. In fact it is the subject of a proposed law before the Legislature.  The law would require the State Elections Enforcement Commission to follow-up with a written version of any verbal advice within ten days. <H.B. 5470> However, it is difficult to write law that distinguishes from a simple inquiry from one that provides a critical distinction that the caller must rely on to avoid error and avoid potential fine or jail time.

What can be done?

  • All directives should be in writing and publicly available. Like any laws, regulations, and procedures there is usually some ambiguity, unanticipated situations, new regulations can take years to be approved, and problems which must be overcome.  The Secretary of the State Office from time to time must issue directives to cover these situations.  Such directives should be in writing and posted publicly.
  • All substantial advice and rulings should be recorded in writing. The current Secretary of the State’s Office keeps track of all citizen inquires.  The Office should keep track of all official inquires, and summarize any significant election advice and rulings for future reference.
  • Economies of Scale: Perhaps the state would be best served by a common system, that tracked similar advice for the Secretary of the State’s Office and Elections Enforcement.  Perhaps we should use the same or similar laws, and the same system for all agencies that have a similar requirement.  The Environmental Protection Agency comes to mind.  What do other agencies do today?  What do other states do?  We have only one Freedom Of Information law for all agencies.  Perhaps we need a uniform law for agency directives, rulings, and advice?  There will always be a need to consider economies of scale vs. excess bureaucracy – but the third option is to search for the ways that increase economy of scale, increase democracy, while also streamlining bureaucracy.  Once again, the Secretary cannot change the law alone, but could cooperate with other agencies to produce efficiency and provide leadership in going beyond requirements of the law.

This list would be a good start.  Perhaps we will update and add to it over time.

Video: Jonathan Harris visits the Glastonbury DTC

* Building participation of the voters, at the voting booth, and also in our communities
* The Secretary of the State as a true business advocate
* A stepped-up use of e-government so that the Secretary of the State’s Office can be a focal point for information

Thursday March 18, 2010:

We need in this cycle and going forward leadership that is willing to take on the difficult fights.  But that is also willing at times to take a step back and to try to work with different constituencies, different parties, and different people…

Three basic things:

  • Building participation of the voters, at the voting booth, and also in our communities
  • The Secretary of the State as a true business advocate
  • A stepped-up use of e-government so that the Secretary of the State’s Office can be a focal point for information…

What we need to focus on is that citizenship, which is not a seasonal thing. Citizenship should not be just going out to vote once year

The big thing we need to…is stepping up the Secretary of the State’s role as a true citizens advocate…when I started my business [and filed for my business]…there was no real exchange of information: no one telling me about sources of public capital or private capital…the Secretary of the State’s office using that bully pulpit, that constitutional office, I think can help open those doors…

We need to supply more information to the pubic…from an economic prospective and a consumer protection prospective.  That information should get out to the public in a more user friendly way through the internet.


In response to my question about the need for more accurate, citizen verifiable election information online:

Of course I would try.  That is one of my frustrations, running for election, and go on the next day and actually see what the numbers are and you can’t get them…Obviously everything would be prioritized and whether that would be in a time of limited resources  where you went and spent your money first, there might be some other things that you do.

Secretary of the State a ‘long shot’ for Garfunkel

Garfunkel, who has been Norwalk’s town clerk for nearly a decade, also believes he’s the right person to fill the office being vacated by Susan Bysiewicz. Garfunkel says he’s a manager, not a lawmaker.

From the Hour: Secretary of the State a ‘long shot’ for Garfunkel <read>

Democrat Andrew S. Garfunkel describes his bid for the office of Secretary of the State as a “long shot.” For one thing, he’s competing with the state house majority leader for his party’s nomination.

But Garfunkel, who has been Norwalk’s town clerk for nearly a decade, also believes he’s the right person to fill the office being vacated by Susan Bysiewicz. Garfunkel says he’s a manager, not a lawmaker.

“(The secretary of the state) is a position that is managerial for the state, and I believe that my years of experience (as town clerk) step up to the level of the Secretary of the State’s office,” Garfunkel said. “I’m coming from that direction as opposed to from a legislative direction into the position. Right now, I have contacted personal friends and colleagues and discussed these issues with them.”…

Garfunkel is hopeful that his affiliation with the Connecticut Town Clerks Association will help secure his name recognition as he seeks his party’s nomination in May…

He has performed on stage and worked as a construction contractor before being elected town clerk in 2001. He completed two and a half years of course work to earn state certification as a municipal clerk and has served as a mentor to clerks in Newtown, Danbury, and Trumbull.