A cut below the rest: National beacon or bad example?

Every year Connecticut’s Citizen Election Program is under assault.  This year is no different.

Here is the bottom line:  The Citizen’s Election Program is a drop in the bucket.  A small percentage of what we pay for the General Assembly and its staff;  A smaller percentage of the state budget; $10 million a year compared to billions in the budget.  Just one bad decision against the people can cost us several times that $10 million.

Read more from the In These Times article: Ten Years Ago, Connecticut Got Big Money Out of Its Elections. Now Democrats Are Gutting the Program

Every year Connecticut’s Citizen Election Program is under assault.  This year is no different.

Here is the bottom line:  The Citizen’s Election Program is a drop in the bucket.  A small percentage of what we pay for the General Assembly and its staff;  A smaller percentage of the state budget; $10 million a year compared to billions in the budget.  Just one bad decision against the people can cost us several times that $10 million.

Read more from the In These Times article: Ten Years Ago, Connecticut Got Big Money Out of Its Elections. Now Democrats Are Gutting the Program  <read>

Connecticut’s introduction of the Citizens’ Election Program (CEP) in 2005, seriously curbed the influence of corporations and the rich on state elections. Yet, this beacon of democracy could soon dim, as the state legislature is on the verge of gutting the law that gave the state its democratic promise.

Testimony on Early Voting and Registrar’s Bills

Yesterday, we submitted testimony on a number of early voting bills and a bill likely submitted by the Registrars of Voters Association.

The primary reason to avoid expanded mail-in or no-excuse absentee voting is the opportunity for and documented record of absentee voting fraud. There are other reasons:

  • Contrary to a touted benefit – early voting DECREASES turnout…

And a bill likely submitted by the Registrars of Voters Association.

As an election official, I am sympathetic to the wish of Registrars to make their jobs simpler.  Yet, my sympathy ends when it results in barriers to participation in democracy for candidates and citizens.

Yesterday, we submitted testimony on a number of early voting bills and a bill likely submitted by the Registrars of Voters Association.

Our testimony of a variety of early voting bills <read>

We oppose expanded mail-in voting in any form, including no-excuse absentee voting. As I testified several times in the past, we have no objection to a Constitutional Amendment authorizing the General Assembly to legislate early voting, provided, that voters are clearly informed of the amendment’s intent for the form(s) of early voting to be authorized.

The primary reason to avoid expanded mail-in or no-excuse absentee voting is the opportunity for and documented record of absentee voting fraud. There are other reasons:

  • Contrary to a touted benefit – early voting DECREASES turnout – An academic report concluded that early voting, including mail-in voting, decreases turnout by 3%. An earlier report showed a reduction of 2.6% to 2.9%.
  • It disenfranchises voters, not providing the opportunity to revote when they mistakenly overvote.
  • It disenfranchises voters, when applications or ballots are lost or delayed in the mail.

We could support a version of in-person early voting as suggested by S.J.27.

However, any such approach should have sufficient provisions to provide:

  • Assurance that voters can receive impartial voting instructions and the opportunity for spoiling ballots and trying again.
  • Sufficient provisions for security of ballots, check-in lists, and voting machines in periods when voting does not occur.
  • Absentee ballots should be included in all post-election audits.  This becomes more and more important as the number of absentee votes increases.

Our testimony on the Registrars bill <read>

The Citizen Audit supports one provision:

Lines 86-90 requiring the permanent posting of declaratory rulings, opinions, and regulations by the Secretary of the State on the web.

The Citizen Audit opposes one provisions as currently written:

Lines 131-132 require that random audit drawings be held within 72 hours of the election.  We agree that a deadline should be set for the random drawing which has often occurred very late in the process, causing problems for election officials and the public.  However, vote counting does not complete until 48 hours after the election.  The drawing should be held sometime after all results are reported to the Secretary of the State and available for public review on the Secretary’s election reporting system.  Also, the random drawing should have a required advanced notification. See our testimony on S.B. 540.   We suggest the following substitute language:

“and take place not later than the 8th day after any election or primary and be noticed to the public by press release at least three business days in advance.”

The Citizen Audit completely opposes one provision:

Lines 149-156 would remove the requirement that the Secretary of the State consult with the University of Connecticut for the approval of electronic pollbooks.  Was this proposed be because Prof. Shvartsman of UConn has tested several available electronic pollbooks and found them all lacking? (Ref: Video of NH Forum on Electronic Pollbooks, on May 10, 2016 at 30min: https://www.youtube.com/watch?v=mtYJkVNIGMA or as covered by the Manchester Union Leader: https://ctvoterscount.org/CTVCdata/16/05/UnionLeader20160511.pdf)

I personally oppose one other provision:

Sections 8 and 9 preclude voters who register after petitions become available from being counted for the petition.  This would reduce ballot access for petitioning primary candidates. It would reduce participation and preclude a standard practice that results in more eligible voters registering.

It is normal and vital to success for petitioning candidates and their supporters to approach citizens that are unaffiliated and ask them to sign the petition by simultaneously reregistering in the candidate’s party – this change would preclude that.  They also approach eligible citizens to encourage them to sign the petition and simultaneously register for the first time – this change would preclude that.

As an election official, I am sympathetic to the wish of Registrars to make their jobs simpler.  Yet, my sympathy ends when it results in barriers to participation in democracy for candidates and citizens.

 

We respond to Secretary Merrill’s testimony opposing audit transparency bill

Last Monday we testified for S.B. 540, a bill that would increase audit transparency and public verifiability.

Later we noticed that Secretary of the State, Denise Merrill, submitted testimony opposing one provision of the bill and therefor recommending against the entire bill. Her testimony misinterpreted our bill, recommending against it based on something we did not ask for and was not part of the bill.

In response we wrote a follow-up letter to the GAE Committee.

Last Monday we testified for S.B. 540, a bill that would increase audit transparency and public verifiability.  The bill would:

  • Set common sense minimal standards for ballot security.
  • Set common sense prior public notice requirements for all aspects of the audits which should be transparent and publicly verifiable.
  • Based on sound science, make the recently implemented machine audits, manually verifiable, transparent, and publicly verifiable.

Our testimony <read>

Later we noticed that Secretary of the State, Denise Merrill, submitted testimony opposing one provision of the bill and therefor recommending against the entire bill. Her testimony <read>

Her testimony misinterpreted our bill, recommending against it based on something we did not ask for and was not part of the bill:

My main objection is that it potentially jeopardizes the sanctity of ballot secrecy. Some people do initial or sign a ballot if a mistake is made. In smaller towns, deducing identity from these details is actually possible.
Creating images of ballots that anyone can take home and study could result in people’s ballots being posted online, something that we are already contending with vis-à-vis the voter file.
She went on to suggest a solution similar to the one actually  proposed in the bill.
If there is public uncertainty about our new audit equipment or there is a desire to “audit the audit equipment”there areless intrusive ways to ensure accurate results such as a random sampling of ballots that can be compared to computerized result s while at the audit session. These types of simple solutions could be implemented at no cost and with much less intrusion to the sanctity of our voted ballots.
In response we wrote a follow-up letter to the GAE Committee.  Our letter <read>

The Secretary’s testimony incorrectly stated that the S.B. 540 requires the posting of ballot images online. In fact, S.B. 540 bill does not require the release of ballot images to the public and does not require the posting of ballot images online.

S.B. 540 requires the release of Cast Vote Records (CVRs) to the public present at a machine audit, with no requirement for online posting.  CVRs are not ballot images. They do not include stray marks by voters. They are data records, one record for each ballot that contains the digital interpretation of the votes on the ballot i.e. numbers indicating which bubbles on the ballot were filled in.  They are totaled to determine the votes for each candidate or question in the audit

In the paper included in my testimony, CVRs are described:

“In a machine-assisted audit, the retabulation system produces an interpretation of votes on each ballot (a Cast Vote Record, or CVR) that can be matched with that ballot. The CVRs are exported from the retabulation system. Observers verify that these exported CVRs produce the same electoral outcome(winners, etc.) as the voting system. Then observers compare a random sample of actual ballots against the corresponding CVRs.”

There is no law in Connecticut exempting CVRs from the Freedom of Information Act. A quick survey of election officials and advocates indicates that CVRs for entire elections or audits are regularly provided to requesters in the states of AZ, NY, CO and SC. In SC, they are published online.

In addition to correcting the her misinterpretation, we also pointed out our stand that voted ballots are, in fact, subject to Freedom Of Information requests in Connecticut.

PS: Although it is irrelevant to S.B. 540 we disagree with the Secretary’s interpretation that voted ballots or ballot images are exempt from Connecticut’s Freedom of Information Act (FOI).  We are not aware of an explicit exemption in Connecticut statutes. To our knowledge, FOI of ballots has never been tested before the FOI Commission or in court. We are aware of several states where allots and ballot images are subject to FOI.

 

Better Access To Voting Within Reach In CT (Annotated)

Courant Editorial, Sunday November 20th: Better Access To Voting Within Reach In CT

We have long had concerns with extending mail-in voting, aka no excuse absentee voting.  We also support in-person early voting, if we are willing to pay for it.  We have a new Courant Editorial joining Denise Merrill in a renewed push for early voting, defeated two years ago by the voters of Connecticut, consistent with our warnings but not our prediction.

Connecticut is one of only a handful of states that does not allow in-person voting before Election Day and requires those casting absentee ballots to provide an excuse — two unnecessary and antiquated barriers to participation in the political process. [Unnecessary only for those who lack concern for election integrity, turnout, and costs]

Courant Editorial, Sunday November 20th: Better Access To Voting Within Reach In CT  <read>

We have long had concerns with extending mail-in voting, aka no excuse absentee voting.  We also support in-person early voting, if we are willing to pay for it.  We have a new Courant Editorial joining Denise Merrill in a renewed push for early voting, defeated two years ago by the voters of Connecticut, consistent with our warnings but not our prediction.  [Annotations in Brackets]

Connecticut is one of only a handful of states that does not allow in-person voting before Election Day and requires those casting absentee ballots to provide an excuse — two unnecessary and antiquated barriers to participation in the political process. [Unnecessary only for those who lack concern for election integrity, turnout, and costs]

But Secretary of the State Denise Merrill has a smart, two-pronged plan that would make it easier to cast a ballot and give more people access to the workings of democracy.

A record number of Connecticut residents were registered to vote in this year’s presidential election, but only about three-quarters of them actually cast a ballot. Procrastination, apathy and disgust certainly kept many people at home. For others, though, there can be no doubt that the inconvenience of voting was the primary factor. [Note that we also enhanced our motor-voter system and thus registered many with no intention to vote, so that could also account for some of the difference, as we predicted.]

Consider a person who commutes to work in New York City every day. She had to get on the train in West Haven at 6:47 a.m. and wouldn’t get back until after 8 p.m. Perhaps she tried to vote at 6 a.m. when the polls opened, but the line was long, and she had a train to catch. So she didn’t vote. [Checking the Metro-North schedule, she is actually eligible to vote absentee if she left town on the 5:51am or could arrive at her polling place to vote at 6:00am, then she would likely still make the 6:47am or catch the next trains at 6:53am or 7:13am, actually the 6:53am would get her in to Grand Central 10 minutes earlier than the 6:47am!  In any case, she could vote with just a little effort.]

If Connecticut allowed early voting, she would have had more days to vote and lines would have been shorter [Not necessarily, since early voting might itself have very long lines, or to pay for early voting towns could scrimp on both staffing election day and early voting.  Some states with early voting have long lines.], or she could have rearranged her schedule [Yes, she could rearrange her schedule with no change in CT law]. Or she could have cast an absentee ballot, if Connecticut didn’t have such strict laws regarding who can take advantage of that simple solution. [Or as we said left on an earlier or later train.]

Ms. Merrill’s plan addresses both situations by recommending a simple change to the absentee ballot law and a constitutional amendment to allow early voting. [Depending on if the “simple” change allows regional voting. See the Courant’s version of early voting below.]

The legislature should make both of those options happen in the coming session. [Which they cannot because the voters must approve Constitutional Amendments.]

Ms. Merrill proposes amending the state constitution to explicitly allow in-person early voting for two to five days within two weeks before the election and to allow anyone to vote absentee without having to meet specific conditions. [That might pass.  Last time, the Constitutional Amendment gave the General Assembly a blank check to do anything with early voting.] To get on the ballot, it would have to be approved by 75 percent of the legislature during the coming session. Those simple changes would clear away the most onerous legal barriers. [75% would be an almost impossible hurdle.  The previous amendment took the path of a majority of two General Assembly’s to pass.  So, by our understanding the next time such an amendment could be on the ballot is 2020.]

The second prong is to simply amend the law that describes who is eligible to vote absentee. Under current law, one of the acceptable “excuses” for voting absentee is that the voter is out of town all day. Ms. Merrill’s proposal would remove seven words — “during all of the hours of voting” — from the law, thereby making the hypothetical commuter eligible to vote absentee. Another smart, and simple, change. [Hard to justify given the debate on the previous amendment that a Constitutional change was necessary for unlimited absentee voting.]

The drawbacks are few. There could be increased costs to towns to keep polls open and staffed for those extra days, but ensuring everyone can exercise their most fundamental American right must be the top priority, if not the basic responsibility, of every municipality. The few dollars it might cost are not worth quibbling over. [Maybe not, yet there are not that many polling places with long lines in Connecticut. That problem can be solved with one or two additional individuals manning check-in lines at polling places that had lines this year. Adding the equivalent one-half person for each polling place would cost about $80,000.  Staffing a polling place with only one line in 169 municipalities for one day would cost about $270,000, just for the polling place staff. Lines and the requirement for more checkers would occur once every four years, while early voting would presumably be required for every election, primary, and referendum.]

Ms. Merrill’s proposed constitutional amendment also would allow early voting to be done regionally — for example, the city of Hartford could allow early voting only at city hall instead of staffing all of the individual polling places across the city for five days. It might be more difficult for someone in the city to make it to city hall than to their own polling location, but given enough time to vote, along with easy no-excuse absentee voting, residents will have more opportunity to cast a ballot. [The Constitutional Amendment gets longer here, and voting in a region, not just one city gets complex, unless the entire election function is regionalized (which we do support).]

Some politicians might be inclined to consider whether early voting would benefit one party over the other by expanding access to specific demographic groups, such as commuters or urban residents. But there isn’t strong evidence that early voting has any such effect, and in any event, it’s far better for politicians to try to convince voters that their platform is the right one than to try to win an election by excluding, or including, certain demographic groups. [And turnout could be increased by better and more candidates.  We could enhance turnout and interest by leveling the playing field for third-party and petitioning candidates – a move unlikely to please either major party.]

There is one, and only one, good reason to allow people to vote before Elenntion Day: because it allows, and encourages, more people to vote. [Actually it does not. Studies have shown that Early Voting actually decreases turnout.]

Reminder: We would support in-person Early Voting, if we are willing to pay for it. i.e. provide for a complete voting experience along with integrity of the process, especially providing effective protection from ballot skullduggery.

**********Update:
An example of the problem of long lines. It will not be fixed by early voting. It will be fixed by competence: New Haven Independent:  Probe Sought of [New Haven] Election Mess <read>