Random Drawing of Districts for November 2022 Post-election Audit

On Thursday Secretary of the State Mark Kohler led the drawing of districts for audit.

Here is a list of the selected districts <press release>

On Thursday Secretary of the State Mark Kohler led the drawing of districts for audit.

Here is a list of the selected districts <press release>

A new twist: Fraud allegations added in Stamford

Earlier this week in Federal Court a former Stamford Democratic Chair was found guilty of absentee voting fraud: Former Stamford Democratic Chief Found Guilty of 28 Felonies in Ballot Fraud Case 

For those not familiar with the case, suspicions started with a single voter attempting to vote in-person being told that he has already voted absentee, followed by a State Elections Enforcement Investigation leading to a referral to  Federal investigators. The Dem Chair was indicted, while a former Republican Town Clerk turned state’s evidence and was not indicted.

 

But there was one surprising development in the trial:

Among the documents was a complaint sent to the FBI by a city official alleging improprieties in the town clerk’s office during the 2017 municipal election. Because of that, Randolph said he was obligated to inform the witnesses that they had the right not to testify because anything they said could be used against them by the FBI in its investigation.

Seeger said he’d planned to call Loglisci and two clerks that worked under her, Diane Pesiri and Maria Stabile, in his final chance to question them near the end of the trial. But Pesiri and Stabile declined to testify, as did Willy Giraldo, who also received ballots from Loglisci. After that, Seeger did not try to bring Loglisci or other witnesses to the stand.

Now there is more information: Stamford Clerk Warns FBI of Possible Ballot Fraud in Second Election

 

Earlier this week in Federal Court a former Stamford Democratic Chair was found guilty of absentee voting fraud: Former Stamford Democratic Chief Found Guilty of 28 Felonies in Ballot Fraud Case <read>

For those not familiar with the case, suspicions started with a single voter attempting to vote in-person being told that he has already voted absentee, followed by a State Elections Enforcement Investigation leading to a referral to  Federal investigators. The Dem Chair was indicted, while a former Republican Town Clerk turned state’s evidence and was not indicted – this story says her crimes were less, not so sure

Mallozzi chose a court trial rather than a jury trial, so it was Randolph’s job to render a verdict.

One line in the judge’s decision seems to summarize his thinking on the case.

“By the defendant’s hand alone, 26 people could have had their civil right to vote extinguished,” Randolph said, reading his verdict into the record.

According to the trial record, 26 fraudulent absentee ballots were submitted to the town clerk’s office in a “scheme” involving Mallozzi and former Republican Town Clerk Donna Loglisci. The state, however, raised instances involving 14 voters, charging Mallozzi with 14 counts each of 2nd-degree forgery and false statement in absentee balloting.

Mallozzi, 72, could be sentenced to a maximum of five years in prison, or a fine that could total $140,000, or bo

But there was one surprising development in the trial:

Among the documents was a complaint sent to the FBI by a city official alleging improprieties in the town clerk’s office during the 2017 municipal election. Because of that, Randolph said he was obligated to inform the witnesses that they had the right not to testify because anything they said could be used against them by the FBI in its investigation.

Seeger said he’d planned to call Loglisci and two clerks that worked under her, Diane Pesiri and Maria Stabile, in his final chance to question them near the end of the trial. But Pesiri and Stabile declined to testify, as did Willy Giraldo, who also received ballots from Loglisci. After that, Seeger did not try to bring Loglisci or other witnesses to the stand.

Now there is more information: Stamford Clerk Warns FBI of Possible Ballot Fraud in Second Election <read>

About a year after she was elected town clerk in 2017, Lyda Ruijter discovered an odd database in her office computer files.

It contained information “that never should have been there,” Ruijter said Thursday.

The data listed 230 Stamford residents who’d voted by absentee ballot in the 2017 municipal election, according to Ruijter. She did not understand why the names were separated from the full list of absentee voters, she said.

In any given election, there should be exactly one list of absentee voters, she said…

She continued examining the data and found something else strange, Ruijter said.

Many absentee voters on the short list did not return their ballots to the town clerk’s office. But the full list showed that those same absentee voters did return their ballots, Ruijter said.

Further examination revealed that the converse was also true, according to Ruijter – the data showed that voters on the short list who were marked as having returned their ballots were marked on the full list as not having returned them.

The upshot of the conflicting sets of data was that the total number of voters who’d returned their absentee ballots was about the same, Ruijter found…

Her opponent, Loglisci, had lost the election with 44 percent of the in-person vote, Ruijter said. But Loglisci had won 62 percent of the absentee ballot vote…

In her letter Ruijter told the FBI that, at election time, Loglisci and select staff members sometimes worked “for many hours after closing,” once prompting a union grievance that overtime was unfairly offered only to the two clerks designated to issue absentee ballots.

Ranked-Choice Voting, Ned Lamont, and Connecticut

Last week, in return for an endorsement, Ned Lamont endorsed Ranked-Choice Voting Minor party endorses Lamont after a pledge for election reform

Monte Frank got one thing right that we have not seen recognized by anyone before:…

As I said in my testimony summary:

I am open to the benefits of IRV. Yet, I have several reservations about the use of IRV in Connecticut and other states. I support a comprehensive study of all IRV, RCV, and related options along with the challenges of implementing them in Connecticut. 

I remain skeptical of all the touted benefits and if Connecticut voters are ready for the associated complexity, costs, and delays. For more see my testimony.

Last week, in return for an endorsement, Ned Lamont endorsed Ranked-Choice Voting Minor party endorses Lamont after a pledge for election reform <read>

Monte Frank got one thing right that we have not seen recognized by anyone before:

If reelected, Lamont pledged to propose legislation next year that would authorize ranked-choice voting for federal races and give municipalities the option in local elections.

A state constitutional amendment would be required to allow ranked-choice voting in elections for state offices, Frank said.

We have said it over and over, ranked-choice voting would require significant changes in the Election Calendar to support the extra days and weeks required to perform the initial counting and the recanvassing of ranked-choices, days to perform multiple runoff counts and then more days to recanvass critical rounds of reunoffs.(Some runoff rounds that are close, based on the outcome, change the eventual winner.)

For state elections our constitution severely limits all such counting to seven days after election day. There are also changes necessary such as changing the dates that some local office holders take office based on this extra needed time.

The article gets one thing wrong, when it says:

Ranked-choice voting is considered an instant runoff.

Ranked-choice voting is considered an instant runoff.

Ranked-Choice voting describes how the voters vote, choosing 1st, 2nd, 3rd etc. While Instant Runoff is just one of several ways of counting ranked-choice votes. As I have pointed out in my testimony that is one of several errors in recent proposed bills.

As I said in my testimony summary:

I am open to the benefits of IRV. Yet, I have several reservations about the use of IRV in Connecticut and other states. I support a comprehensive study of all IRV, RCV, and related options along with the challenges of implementing them in Connecticut. 

I remain skeptical of all the touted benefits and if Connecticut voters are ready for the associated complexity, costs, and delays. For more see that testimony <here>

No Susan, “top two” primary is a flawed centerist dream, not a panacea

Susan Bigelow’s Op-Ed at CTNewsJunkie: Lesson from Levy’s Win: Open Up the Primaries. Argues for opening up primary voting to all voters, easier ballot access, and for “top two” primaries…

Our Editorial

First, we agree its all two difficult to get on the primary or election ballots for all but party endorsed candidates, or those like Levy and Lumaj.

The other two suggestions remind one of the Great Centerist dream, that there is a large number of voters not aligned with each party, they are all for business taxes being low and corporate welfare being being high, against the polls that show overwhelming support for climate action, medicare for all etc. They are alleged to align with the corporate lobbyists and interests that control legislative bodies and party leaders. Yet somehow that always fail as Andrew Wang’s latest new party is…However, the top-two has not worked out so well as we detailed in a previous post, reviewing its application in California: NY: don’t follow CA in making “Top Two” error , as we summarized back then…

 

Susan Bigelow’s Op-Ed at CTNewsJunkie: Lesson from Levy’s Win: Open Up the Primaries <read> Argues for opening up primary voting to all voters, easier ballot access, and for “top two” primaries.

Closed primaries get criticized for enabling extremism, a criticism that seems absolutely valid in the aftermath of Levy’s win. Who reliably turns out for primaries in the dead of August? The most activist, the most partisan, and often the most extremist voters, that’s who. And if turnout is low enough, this small minority of voters can swing an election.

The parties need to open up their primaries to everyone, though that alone won’t really fix the situation. There may be some moderating influence from unaffiliated voters, but the problem of primaries being inherently partisan remains. It’s also notoriously difficult to get on the primary ballot at all for anyone who doesn’t have enough support at a party convention.

What I’d like to see is a system employed in other states and countries: a two-round election. The first round is open to all candidates, with the top two vote-getters moving on to the final round. This takes the party out of the primary process altogether, which is healthier for democracy. It also guarantees that the eventual winner is elected by an actual majority of voters.

Editorial

First, we agree its all two difficult to get on the primary or election ballots for all but party endorsed candidates, or those like Levy and Lumaj.

The other two suggestions remind one of the Great Centerist dream, that there is a large number of voters not aligned with each party, they are all for business taxes being low and corporate welfare being being high, against the polls that show overwhelming support for climate action, medicare for all etc. They are alleged to align with the corporate lobbyists and interests that control legislative bodies and party leaders. Yet somehow that always fail as Andrew Wang’s latest new party is.

We are fine with trying open primaries, we have not heard of any problems there. Not so sure they actually support the centerist dream in reality.

However, the top-two has not worked out so well as we detailed in a previous post, reviewing its application in California: NY: don’t follow CA in making “Top Two” error <read>, as we summarized back then:

This all goes to show why it is called a Jungle Primary. We prefer to call it a Crap Shoot, because, like many reforms, its intention is to correct a perceived past problem, but just replaces one imperfect system with another – fighting the last war.

(And who said that centrism is a worthy goal – its usually defined only in the vision of a particular pundit or politician, completely in agreement with that pundit’s own views)

 

Poll Workers/Registrars challenges in CT and Nationally

A recent article in WhoWhatWhy outlines challenges across the country:  Big Lie Fallout: Experts Fear Threats Will Cause Poll Workers to Quit 

Election integrity experts are sounding the alarm that many election workers will leave their positions on the front lines of democracy unless they are protected from the types of threats and harassment that hundreds of them experienced after the 2020 election.

According to a 2022 survey from the Brennan Center for Justice, 1 in 5 local election officials are “very” or “somewhat unlikely” to continue serving through 2024. The survey stated that “politicians’ attacks on the system, stress, and retirement plans are the primary reasons they plan to leave their jobs.”

“There’s an air of menace that causes people to say, ‘Oh, the heck with this, I don’t want to do this anymore,’” said Elaine Kamarck, founding director of the Center for Effective Public Management at the Brookings Institute.

It may be different in Connecticut with perhaps worse results in too many towns:

We have not heard much about about open harassment, yet the job is getting ever tougher with massive amounts of FOI requests to some registrars and with town government,  in many cases, ignoring calls for more funding, hours and staffing for overworked officials. No wonder they are quitting. In those situations it is a wonder anyone knowledgeable would step up or step in to help.

We hear that between Nov 2021 and a couple of months ago over 40% of Connecticut Registrars of Voters have resigned! That’s a lot more than the 1 in 5 thinking about it in the Brennan Survey; that does not include those already not running again in Nov 2022; and experienced registrars are even more important to our elections that experienced poll workers. At least poll workers, by law, must be paid for every hour they serve.

 

A recent article in WhoWhatWhy outlines challenges across the country:  Big Lie Fallout: Experts Fear Threats Will Cause Poll Workers to Quit <read>

Election integrity experts are sounding the alarm that many election workers will leave their positions on the front lines of democracy unless they are protected from the types of threats and harassment that hundreds of them experienced after the 2020 election.

According to a 2022 survey from the Brennan Center for Justice, 1 in 5 local election officials are “very” or “somewhat unlikely” to continue serving through 2024. The survey stated that “politicians’ attacks on the system, stress, and retirement plans are the primary reasons they plan to leave their jobs.”

“There’s an air of menace that causes people to say, ‘Oh, the heck with this, I don’t want to do this anymore,’” said Elaine Kamarck, founding director of the Center for Effective Public Management at the Brookings Institute.

Kamarck added that there seems to be a concerted effort to terrify election workers. Many people who believe that former President Donald Trump won the 2020 election, she said, feel that election workers participated in “funny business” and counted the votes incorrectly, even though repeated investigations have found no evidence of that.

“It is intimidation. It’s the sort of intimidation that happens in banana republics,” she said. “It’s a disaster. I mean, it’s just an awful, awful problem.”

Kamarck said that the purpose of the individuals sending these threats is to “strike fear and try and scare you away from doing your job.”

And that’s exactly what they have done.

“What’s going on is terrifying,” said Jan BenDor, who worked for 18 years as an election administrator in Michigan.

The Department of Justice identified more than 850 incidents of threats and harassment targeting election workers, according to a recent report from the Congressional Research Service.

This atmosphere of intimidation caused the National Association of Secretaries of State (NASS) to call on all leaders to denounce threats of violence against election workers and officials. A report it adopted in February of last year showed the 2020 election cycle to be the “most challenging in recent memory,” where “unrelenting misinformation” led extremists to threaten and endanger election workers.

Kamarck described this as a significant assault on democracy.

“What they’re trying to do is undo the will of the people, and it is one of the most serious threats we’ve ever faced,” she said.

It may be different in Connecticut with perhaps worse results in too many towns:

We have not heard much about about open harassment, yet the job is getting ever tougher with massive amounts of FOI requests to some registrars and with town government,  in many cases, ignoring calls for more funding, hours and staffing for overworked officials. No wonder they are quitting. In those situations it is a wonder anyone knowledgeable would step up or step in to help.

We hear that between Nov 2021 and a couple of months ago over 40% of Connecticut Registrars of Voters have resigned! That’s a lot more than the 1 in 5 thinking about it in the Brennan Survey; that does not include those already not running again in Nov 2022; and experienced registrars are even more important to our elections that experienced poll workers. At least poll workers, by law, must be paid for every hour they serve.

 

Testimony on two election bills. One poorly written, the other needing more.

Yesterday I submitted testimony on two bills before the GAE (General Administration and Elections Committee. Unfortunately I was unable to testify in person. It was not for a lack of trying. I had submitted testimony and signed up for the hearing two days in advance, yet only one of my two testimonies was posted in time for the hearing and neither I nor the committee staff could get me the link to testify. Its happened before this year and last, yet only for this committee – in the past the staff was able to correct the problems. In one case not much was lost except to my reputation as the committee still called may name when I was supposed to testify.

S.B.472 Would change our existing 5% audit, adding risk-limiting audits. Unfortunately it is a highly flawed bill. I submitted the most detailed testimony, articulating its many flaws new and existing. Fortunately the testimony, so far, us unanimously against the current bill, with more on the way. Overall no harm done that I could not speak. It would seem that its is very unlikely to move forward this year.

H.J.114 The Constitutional Amendment to provide for no-excuse absentee voting. In this case, not being able to testify in person and my testimony not being up hurt. I am likely the only person speaking and submitting testimony asking that the bill remove another unfortunate restriction in the Constitution that will bite us along the way with absentee voting and/or ranked choice voting. Of course we can wait and learn our lesson the hard way.

Yesterday I submitted testimony on two bills before the GAE (General Administration and Elections Committee.) Unfortunately I was unable to testify in person. It was not for a lack of trying. I had submitted testimony and signed up for the hearing two days in advance, yet only one of my two testimonies was posted in time for the hearing and neither I nor the committee staff could get me the link to testify. Its happened before this year and last, yet only for this committee –  in the past the staff was able to correct the problems. In one case not much was lost except to my reputation as the committee still called may name when I was supposed to testify.

S.B.472 Would change our existing 5% audit, adding risk-limiting audits. Unfortunately it is a highly flawed bill. I submitted the most detailed testimony, articulating its many flaws new and existing. Fortunately the testimony, so far, us unanimously against the current bill, with more on the way. Here is the testimony so far: <read>. Overall no harm done that I could not speak. It would seem that its is very unlikely to move forward this year.

H.J.114 The Constitutional Amendment to provide for no-excuse absentee voting. In this case, not being able to testify in person and my testimony not being up hurt. I am likely the only person speaking and submitting testimony asking that the bill remove another unfortunate restriction in the Constitution that will bite us along the way with absentee voting and/or ranked choice voting. Of course we can wait and learn our lesson the hard way. Here is all the testimony so far, now including mine: <read>

I thank all the nationally recognized experts in Risk Limiting Audits and advocates from around the country who testified in person and submitted testimony.

Also a shout out to Chris Prue and ROVAC for catching a civil rights issue that we opposed last year and was a section of another bill being heard this yesterday, the testimony by Chris Prue: <Video 4:04 in>

Testimony: Suggest Correcting Two Serious Flaws in the Law.

 

Yesterday I testified on a technical elections bill that the General Assembly should go farther in two regards:

Transparency, Ballot Security, and Public Verifiability are the basis for justified confidence in our elections. So much more important now that many question the integrity of our elections.

As I testified in 2016 and 2015, existing law and a new law providing for interrupted counting lasting up to 48 hours have serious flaws:

  • First, the new law for interrupted counting did not provide any method for the public, candidates, or parties to be notified when counting was to resume.

Second, since the inception of optical scanners in 2007 the law has never recognized that ballots are cast in polling places. That portion of the law assumes, apparently, that we are still using lever machines.

It is long past time for Connecticut to begin a path toward full transparency, public verifiability, and protecting our paper ballots, upon which justified confidence in elections is based. <testimony>

 

Yesterday I testified on a technical elections bill that the General Assembly should go farther in two regards:

Transparency, Ballot Security, and Public Verifiability are the basis for justified confidence in our elections. So much more important now that many question the integrity of our elections.

As I testified in 2016 and 2015, existing law and a new law providing for interrupted counting lasting up to 48 hours have serious flaws:

  • First, the new law for interrupted counting did not provide any method for the public, candidates, or parties to be notified when counting was to resume.

Second, since the inception of optical scanners in 2007 the law has never recognized that ballots are cast in polling places. That portion of the law assumes, apparently, that we are still using lever machines.

It is long past time for Connecticut to begin a path toward full transparency, public verifiability, and protecting our paper ballots, upon which justified confidence in elections is based. <testimony>

Insiders are a great threat to elections

It is refreshing to see that main stream media is beginning to recognize the threat of insiders to elections.  I agree that election officials are by and large of high integrity, however just like other officials a few are not. Insiders can have access to a wide range of election equipment, ballots, and other data that create and verify election results. A recent Associated Press article by Christia A. Cassidy points that out:

In a handful of states, authorities are investigating whether local officials directed or aided in suspected security breaches at their own election offices. At least some have expressed doubt about the 2020 presidential election, and information gleaned from the breaches has surfaced in conspiracy theories pushed by allies of former President Donald Trump.

Insiders are not just election officials, other insiders include town hall employees in the mail room and network/computer staff, janitors with access to storage areas and election offices; They include post office workers and various vendor personal with access to networks or to repair election equipment. Here are some examples from Connecticut and elsewhere:

It is refreshing to see that main stream media is beginning to recognize the threat of insiders to elections.  I agree that election officials are by and large of high integrity, however just like other officials a few are not. Insiders can have access to a wide range of election equipment, ballots, and other data that create and verify election results. A recent Associated Press article by Christia A. Cassidy points that out: Attacks from within seen as a growing threat to elections

In a handful of states, authorities are investigating whether local officials directed or aided in suspected security breaches at their own election offices. At least some have expressed doubt about the 2020 presidential election, and information gleaned from the breaches has surfaced in conspiracy theories pushed by allies of former President Donald Trump.

Adding to the concern is a wave of candidates for state and local election offices this year who parrot Trump’s false claims about his loss to Democrat Joe Biden.

“Putting them in positions of authority over elections is akin to putting arsonists in charge of a fire department,” said Secretary of State Jocelyn Benson, a Democrat and former law school dean who serves as Michigan’s top elections official.

Insiders are not just election officials, other insiders include town hall employees in the mail room and network/computer staff, janitors with access to storage areas and election offices; They include post office workers and various vendor personal with access to networks or to repair election equipment.

Here are some examples from Connecticut and elsewhere:

CO: Colorado clerk is indicted for election tampering and misconduct

CT: VotING fraud via Absentee, this time in Stamford

CT: Chain-Of-Custody Education In Haddam

CT: Sometimes it is just incompetence, insufficient laws and procedures:
Judge orders primary after Bloomfield Democrats sue their own party registrar over petition rejection

January 6 was practice. They are much better positioned to subvert the next election.

Bart Gellman article in the Atlantic: Trump’s Next Coup Has Already Begun
January 6 was practice. Donald Trump’s GOP is much better positioned to subvert the next election 

Its a long article, yet, unfortunately the most chilling projection yet of what is awaiting in 2024 and perhaps in 2022. I would emphasize Trump less that Gellman.  It can be as bad if he is not the candidate. Its not just the presidency at stake, its all levels of democracy and our democracy itself.

Bart Gellman article in the Atlantic: Trump’s Next Coup Has Already Begun
January 6 was practice. Donald Trump’s GOP is much better positioned to subvert the next election <read>

Its a long article, yet, unfortunately the most chilling projection yet of what is awaiting in 2024 and perhaps in 2022. I would emphasize Trump less that Gellman. It can be as bad if he is not the candidate. Its not just the presidency at stake, its all levels of democracy and our democracy itself.

In 2022 much of the same playbook could be used to change a handful or less House districts, or a couple of Senate seats and suddenly the House and Senate change to the control of the Republican Party, thwarting the President’s agenda and further harming voting rights and integrity.  Fine if the Republicans win one or both houses legitimately, by not illegitimately.  In 2024 even more is at stake, even more erosion can be anticipated if nothing changes the current trajectory.

Its unlikely to happen in Connecticut, with our current voting laws and little chance for them to change, yet even in 2021 we have seen several baseless claims by losers (and a couple legitimate claims which will likely be appropriately investigated).

Read and understand. Consider what you might do to support appropriate laws, serve in polling places, and perhaps open some minds.