American Progress Report: State Election Security Readiness

American Progress Report: Election Security in All 50 States

The report gives every state grades based on some detailed criteria. Connecticut was graded ‘B’, which it shared with several other states as the highest grade awarded. Yet there are problems and limitations with such reports. We would give Connecticut lower grades in some areas, higher in others, and are uncomfortable with other grades.

The report is useful and provides directions for improvement in many areas in every state. Election officials, legislators, and voters should act to improve our voting systems and laws in the near term.  We would give the authors A+ for effort and the report a grade of B.

American Progress Report: Election Security in All 50 States  <read>

The report gives every state grades based on some detailed criteria. Connecticut was graded ‘B’, which it shared with several other states as the highest grade awarded – it sets pretty stiff criteria for an ‘A’, yet we doubt that any state deserves an ‘A’.  Yet there are problems and limitations with such reports. We would give Connecticut lower grades in some areas, higher in others, and are uncomfortable with other grades.

The criteria at a high level:

1.Minimum cybersecurity standards for voter registration systems
2.Voter-verified paper audit trail
3.Post-election audits that test election results
4.Ballot accounting and reconciliation
5.Return of voted paper absentee ballots
6.Voting machine certification requirements
7.Pre-election logic and accuracy testing
The criteria are good at first glance, yet I question why only “minimum” standards for voter registration systems, criteria should include “recounts” and standards for security of voted paper ballots.
A big weakness in such reports is that much of the information is based on self-reporting by election officials,who can be biased, limit their views to their state’s practices, and may not have the technical expertise to evaluate many of the criteria.  Also state statutes may be misread or not represent the actual implementation in practice:
The information included in this report is derived primarily from state statutes and regulations, as well as interviews with state and local election officials.
The ratings in each category ranged from Unsatisfactory, Mixed, and Fair, to Good.  Connecticut received a ‘B’ from category ratings of:
Fair     1.Minimum cybersecurity standards for voter registration systems
Good   2.Voter-verified paper audit trail
Mixed 3.Post-election audits that test election results
Fair    4.Ballot accounting and reconciliation
Fair    5.Return of voted paper absentee ballots
Fair    6.Voting machine certification requirements
Fair    7.Pre-election logic and accuracy testing
The factors and category ratings were somewhat complex, with some categories providing a score of 0 or 1 and others scoring 0 to 3 based on the number of criteria matched. resulting in totals leading to the final letter grade.  So, where do we question Connecticut’s scores?  The details for Connecticut can be found starting on page 50 of the report.  Our comments and concerns:
Minimum cybersecurity standards for voter registration systems. This criteria is difficult to judge. The criteria is likely only based on interviews with officials. I suspect there is a tendency to say ‘Yes’ as often as possible. And even with accurate answers it is difficult to judge how well those criteria are met in practice.  Yet, for Connecticut it is clear that officials are concerned and working on cybersecurity for of all our systems, not just election systems.  As a central mainframe system managed by the State, the voter registration system is subject to every protection applied to that environment.
We would give Connecticut higher grades.  Connecticut was downgraded because the voter registration system was judged over 10 years old. We disagree with that broad-brush criteria and the definition of Connecticut’s system as over 10 years old. As an IBM Mainframe, CICS, DB2 system our voter registration system is presumably regularly upgraded with new versions of the operating system, CICS, and DB2. The hardware may also be less than 10 years old. In addition, the registration system itself has been enhanced.
Post-election audits that test election results. Here we would downgrade the “mixed” results. As has been repeatedly reported by the Citizen Audit, the conduct of the audit falls short of what would be reasonably expected of any effective audit. While it is true the statutes require that the audit be completed before certification, in practice that is impossible in some elections since certification must be complete before the date the audits can commence. It also depends on the definition of “complete”. In practice, the overall audits are not complete until the Secretary of the State receives the final report from UConn and files that with the SEEC.  The reports for all elections since November 2011 are yet to be filed and only one report  for a primary (2014) has been filed in that period.
Ballot accounting and reconciliation. Once again we would downgrade Connecticut’s score. In practice, ballot accounting and reconciliation do not always occur.  In recent years in almost every election, the Citizen Audit, has documented instances where write-in ballots (up to 151) have been read into the scanner at the end of election day in error. That results in counts that exceed the number of checked-off voters. In most instances those discrepancies have been discovered only by the audit, showing that they had not been discovered or addressed in the closing of the polls, nor in the review of results by both registrars and municipal clerks.
Voting machine certification requirements.  Here we would upgrade Connecticut’s score. Connecticut was downgraded because our optical scanners are just over 10 years old – their design and circuits are even older in technology. Yet, they are working fine and from random survey’s of the Citizen Audit are not showing signs of age. There are incrementally better systems available today, yet voter marked paper ballots will continue to protect our votes. We expect they will need to be replaced in the next 5 to 10 years, but not yet. The longer we wait the better options will become available, at lower cost, and will also last that many years longer.
Missing Criteria Recounts:  About half the states have close-vote recounts.  Connecticut has close-vote recanvasses, which fall short of the best adversarial manual recounts in some other states.  Connecticut should have more open, adversarial recounts, with more time to call for and perform recounts, with stronger criteria than the upper limit of 2000 vote differences which is too low a threshold ( as low as 0.12% in statewide elections).  We should also allow for candidates, parties, or citizens to call for a limited number of directed recounts of specified districts, perhaps at a reasonable fee. We would rate Connecticut mixed in this criteria, as our recanvasses are actually conduced, usually fairly, yet not conduced uniformly and in accordance with the law.  Sadly, that mixed rating would put us in the top 50% of all States in the recount category.
Protection of Paper Ballots. Here, once again, we would rate Connecticut mixed. Connecticut has an inadequate law for the protection of paper ballots and the actual practices in the vast majority of towns do not provide credible evidence that ballots were not tampered with. Once again, see the Citizen Audit reports.  Despite inadequate law and practice, the distributed nature of Connecticut’s election system mean that for statewide elections it is doubtful that enough ballots could be manipulated in the same direction to change anything but the closest of outcomes.  Unfortunately, that leaves local and regional elections vulnerable, protected only by trust in every election official and other local staff that frequently have access to voted ballots.
Finally, despite flaws, the report is useful and provides directions for improvement in many areas in every state. Election officials, legislators, and voters should act to improve our voting systems and laws in the near term.  We would give the authors A+ for effort and the report a grade of B.

Video: Atticus v. The Architect: The Political Assassination of Don Siegelman

I have followed this story off and on for years. As promised this film not only reviews the story but adds additional information. People ask me if any elections have been stolen. I say probably a few are and point to this as one that was. The cover-up is much much worse than the initial crime. The cover-up of the cover-up even worse. Yet, nothing happening once everything was pretty much in the open is worst of all. Like many documentaries, the first half or so is a little slow, yet you will be richly, disturbingly rewarded for watching till the end.

Beyond the preview, you will have to pay to watch. It is available on Amazon or from the Movie Site

Here is my Amazon Review:

I have followed this story off and on for years. As promised this film not only reviews the story but adds additional information. People ask me if any elections have been stolen. I say probably a few are and point to this as one that was. The cover-up is much much worse than the initial crime. The cover-up of the cover-up even worse. Yet, nothing happening once everything was pretty much in the open is worst of all. Like many documentaries, the first half or so is a little slow, yet you will be richly, disturbingly rewarded for watching till the end.

Sufficient recount laws would have corrected this error. No cyber hacking was necessary, just insider skullduggery. Do not claim there are no conspiracies – or that they all would be found out and corrected. In this case it seems it was never addressed other than punishment of the innocent and promotion of the guilty.

The constitutional case against partisan gerrymandering

The Chicago Tribune, via Verified Voting: The constitutional case against partisan gerrymandering

The case against partisan gerrymandering is not hard to make. It frustrates democracy by preventing voters from evicting those in power. It penalizes voters of one party or the other by deliberately diluting their electoral strength. It renders the consent of the governed largely moot.

The Chicago Tribune, via Verified Voting: The constitutional case against partisan gerrymandering <read>

The case against partisan gerrymandering is not hard to make. It frustrates democracy by preventing voters from evicting those in power. It penalizes voters of one party or the other by deliberately diluting their electoral strength. It renders the consent of the governed largely moot.

Virginia saga continues

Last time we editorialized that the Virginia race that came down to a single ballot and a drawing was noting to be alarmed at, nothing but a close vote.  Yet, there is a new twist,  with many voters in Virginia registered in incorrect districts.  In the district in question just a single voter incorrectly voting in the district or incorrectly excluded could have changed the result. Virginia: Thousands of Virginians may have voted in the wrong state House districts

Last time we editorialized that the Virginia race that came down to a single ballot and a drawing was noting to be alarmed at, nothing but a close vote.  Yet, there is a new twist,  with many voters in Virginia registered in incorrect districts.  In the district in question just a single voter incorrectly voting in the district or incorrectly excluded could have changed the result. Virginia: Thousands of Virginians may have voted in the wrong state House districts <read>

Thousands of Virginia voters may be registered in the wrong state House district, raising the possibility of election disputes. In a statewide analysis, The Washington Post found addresses of about 6,000 registered voters that appear to lie outside a map of the assigned House district. If their turnout tracked the state average, more than 2,800 mistaken state House votes could have been cast in November.

A revote might be a remedy, yet there is not substitute for doing it right the 1st time.

We cannot trust computers, communications, or officials with elections

Recently two serious structural flaws in computer chips have been disclosed (they were discovered several months ago). So far, the understanding is that one will be difficult to fix and the other impossible, without a new computer architecture.  See:  The World Grapples with Critical Computer Flaws <read>

We cannot say it enough, “Ultimately, computers cannot be protected from fraud and error.” We also cannot trust officials to operate flawlessly. Fortunately, there are solutions.

Recently two serious structural flaws in computer chips have been disclosed (they were discovered several months ago). So far, the understanding is that one will be difficult to fix and the other impossible, without a new computer architecture.  See:  The World Grapples with Critical Computer Flaws <read>

We cannot say it enough, “Ultimately, computers cannot be protected from fraud and error.”

It is useful to take steps to test and protect computers and communication systems from fraud, hacking, and error. Yet, ultimately they cannot be fully protected – that was proven many years ago by Alan Turing, a consequence of his “Halting Problem”.

We also cannot trust officials to operate flawlessly.  We cannot trust them even to understand the science involved.  Many believe that air-gapped computers are safe from hacking, ignoring the science and the experience of STUXNET.

Fortunately, there are solutions.

Editorial:

The solution is software independence – that a voting system results not be dependent on software – that the system, electronic and manual will detect any error in hardware or software, providing the correct election result. That means paper ballots followed by sufficient ballots security, post-election audits, and where necessary full recounts. AND;

Official independence – that a voting system does not depend on trusting officials. That there is sufficient transparency and public verifiablity that citizens can independently verity all aspects of the voting process, including independently verifying that all votes were counted and totaled accurately.

Yes, Virginia your vote does count [if you do vote]

The Virginia House election does remind us. From the Hill: Tied Virginia election proves every vote actually does count

  • Just as one more vote would have made a winner. One vote less on either side would have lost.  So, those who voted can all take credit for the result.
  • This was bigger than it seems.  The final adjudication will determine which party controls the Virginia House.
  • There is no Santa, democracy is in our hands.

The Virginia House election does remind us. From the Hill: Tied Virginia election proves every vote actually does count <read>

Just ask two people today, Shelly Simonds and David Yancey. Both were candidates for delegate to the Virginia state legislature from the 94th House District. Neither has been declared the winner.

The election took place in November. The reason that there is no declared winner or loser is that they both got the exact same number of votes…

This election is not an aberration or once-in-a-century occurrence.

In 1991, in the same state of Virginia, Democrat Jim Scott won his seat in the Virginia House of Delegates by one vote. He beat his Republican opponent, David Sanders, by 6,493 votes to 6,492 votes. That’s 12,985 total votes cast.

The article goes on to list several other  instances.  We have some recent ones in Connecticut:

  • In 2012 we had a two way tie in 2012 for the CT House. Then a recanvass resulting in a one vote winner. Another recanvass resulting in a tie and a revote.
  • This year in Stamford a one vote winner for RTM. Then a recanvass resulting in a tie. Followed by a revote.

Three things to add:

  • Just as one more vote would have made a winner. One vote less on either side would have lost.  So, those who voted can all take credit for the result.
  • This was bigger than it seems.  The final adjudication will determine which party controls the Virginia House.
  • There is no Santa, democracy is in our hands.

Lots of Smoke in Broward County, after ballots destroyed

From Alternet via TruthOut: Was the Heated 2016 Democratic Primary Rigged for Debbie Wasserman Schultz?

“I see what I would call a high likelihood of massive incompetence. Either that or there is fraud. I don’t think you should see numbers this big in this many precincts.”

“This is really weird.” He continued that they ought to be reconciling the number of voters with ballots and if they’re not doing it, “they’re grossly negligent.” Jones served on the Election Assistance Commission’s Technical Guidelines Development Committee for four years, but said “I’ve never seen a county that looks like this.”

From Alternet via TruthOut: Was the Heated 2016 Democratic Primary Rigged for Debbie Wasserman Schultz?  <read>

In August 2016, Florida Congresswoman Debbie Wasserman Schultz faced off against progressive maverick and Bernie Sanders supporter Tim Canova — her first-ever primary challenger — after six terms in Congress…

Now new evidence of original ballots being destroyed and cast ballots not matching voter lists calls into question the results of that election…

According to a transcript of the November hearing, the attorney for the Supervisor’s office Burnadette Norris-Weeks claimed the ballots were destroyed, “Because they can’t just store hundreds and hundreds of thousands of boxes.

It’s possible that lack of storage space is not the only reason Broward County officials wanted to destroy the ballots. Months of investigating the Supervisor’s office and analyzing election data reveal that in the vast majority of precincts in the race, the number of cast ballots does not match the number of voters who voted…

Canova is not the first one to take the Broward County Supervisor of Elections’ office to court. He is in line behind the Republican Party that sued in November of 2016 over absentee ballots being opened in secret, and a not-for-profit that sued in October last year when Broward County left a medical marijuana amendment off some ballots.

Problems with the county’s elections go further back than that. In 2006, according to documents provided by the Florida Fair Elections Coalition, the Broward County Supervisor of Elections’ office admitted to a “loss of data” that included over 100,000 ballot images.

W do not buy the explanations/excuses. Two respected computer scientists characterize it succinctly:

Duncan Buell, a professor of computer science at the University of South Carolina, said, “I see what I would call a high likelihood of massive incompetence. Either that or there is fraud. I don’t think you should see numbers this big in this many precincts.” Buell has examined election records extensively in South Carolina.

Douglas Jones, a computer science professor at the University of Iowa sputtered in disbelief at the data. “This is really weird.” He continued that they ought to be reconciling the number of voters with ballots and if they’re not doing it, “they’re grossly negligent.” Jones served on the Election Assistance Commission’s Technical Guidelines Development Committee for four years, but said “I’ve never seen a county that looks like this.”

This is reminiscent of 2004 across Ohio, there officials kept the ballots for the required time, yet worked to run out the clock on Freedom Of Information Requests. This helped Richard Hayes Phillips expose many issues there in his book Witness to a Crime

We do applaud Florida and Ohio for their unquestioned stand that ballots are FOIable public records.

Fake News from from “respected sources”, travels fast, with and without correction

Many respect and trust mainstream sources like the Washington Post and CNN. Yet, every source makes mistakes and has biases. Unfortunately, usually accurate sources make mistakes and worse, do an inadequate job of correcting them.  Another reminder from Glen Greenwald at the Intercept: The U.S. Media Suffered Its Most Humiliating Debacle in Ages: Now Refuses All Transparency Over What Happened

Friday was one of the most embarrassing days for the U.S. media in quite a long time. The humiliation orgy was kicked off by CNN, with MSNBC and CBS close behind, with countless pundits, commentators and operatives joining the party throughout the day. By the end of the day, it was clear that several of the nation’s largest and most influential news outlets had spread an explosive but completely false news story to millions of people, while refusing to provide any explanation of how it happened.

The spectacle began on Friday morning at 11 a.m. EST, when the Most Trusted Name in News™ spent 12 straight minutes on air flamboyantly hyping an exclusive bombshell report that seemed to prove that WikiLeaks, last September, had secretly offered the Trump campaign, even Donald Trump himself, special access to the DNC emails before they were published on the internet. As CNN sees the world, this would prove collusion between the Trump family and WikiLeaks and, more importantly, between Trump and Russia, since the U.S. intelligence community regards WikiLeaks as an “arm of Russian intelligence,” and therefore, so does the U.S. media…

It’s impossible to convey with words what a spectacularly devastating scoop CNN believed it had, so it’s necessary to watch it for yourself to see the tone of excitement, breathlessness and gravity the network conveyed as they clearly believed they were delivering a near-fatal blow on the Trump/Russia collusion story..

Incredibly, to this very moment — almost 24 hours after CNN’s story was debunked — Wittes has never noted to his more than 200,000 followers that the story he so excitedly promoted turned out to be utterly false, even though he returned to Twitter long after the story was debunked to tweet about other matters. He just left his false and inflammatory claims uncorrected…

So numerous are the false stories about Russia and Trump over the last year that I literally cannot list them all. Just consider the ones from the last week alone, as enumerated by the New York Times yesterday in its news report on CNN’s embarrassment:

 

I recommend reading the whole piece, the lists of false stories, and watching the embedded videos.

 

Many respect and trust mainstream sources like the Washington Post and CNN. Yet, every source makes mistakes and has biases. Unfortunately, usually accurate sources make mistakes and worse, do an inadequate job of correcting them.  Another reminder from Glen Greenwald at the Intercept: The U.S. Media Suffered Its Most Humiliating Debacle in Ages: Now Refuses All Transparency Over What Happened <read>

Friday was one of the most embarrassing days for the U.S. media in quite a long time. The humiliation orgy was kicked off by CNN, with MSNBC and CBS close behind, with countless pundits, commentators and operatives joining the party throughout the day. By the end of the day, it was clear that several of the nation’s largest and most influential news outlets had spread an explosive but completely false news story to millions of people, while refusing to provide any explanation of how it happened.

The spectacle began on Friday morning at 11 a.m. EST, when the Most Trusted Name in News™ spent 12 straight minutes on air flamboyantly hyping an exclusive bombshell report that seemed to prove that WikiLeaks, last September, had secretly offered the Trump campaign, even Donald Trump himself, special access to the DNC emails before they were published on the internet. As CNN sees the world, this would prove collusion between the Trump family and WikiLeaks and, more importantly, between Trump and Russia, since the U.S. intelligence community regards WikiLeaks as an “arm of Russian intelligence,” and therefore, so does the U.S. media…

It’s impossible to convey with words what a spectacularly devastating scoop CNN believed it had, so it’s necessary to watch it for yourself to see the tone of excitement, breathlessness and gravity the network conveyed as they clearly believed they were delivering a near-fatal blow on the Trump/Russia collusion story..

Incredibly, to this very moment — almost 24 hours after CNN’s story was debunked — Wittes has never noted to his more than 200,000 followers that the story he so excitedly promoted turned out to be utterly false, even though he returned to Twitter long after the story was debunked to tweet about other matters. He just left his false and inflammatory claims uncorrected.

Talking Points Memo’s Josh Marshall believed the story was so significant that he used an image of an atomic bomb detonating at the top of his article discussing its implications, an article he tweeted to his roughly 250,000 followers. Only at night was an editor’s note finally added noting that the whole thing was false…

So numerous are the false stories about Russia and Trump over the last year that I literally cannot list them all. Just consider the ones from the last week alone, as enumerated by the New York Times yesterday in its news report on CNN’s embarrassment:

It was also yet another prominent reporting error at a time when news organizations are confronting a skeptical public, and a president who delights in attacking the media as “fake news.”

Last Saturday, ABC News suspended a star reporter, Brian Ross, after an inaccurate report that Donald Trump had instructed Michael T. Flynn, the former national security adviser, to contact Russian officials during the presidential race.

The report fueled theories about coordination between the Trump campaign and a foreign power, and stocks dropped after the news. In fact, Mr. Trump’s instruction to Mr. Flynn came after he was president-elect.

Several news outlets, including Bloomberg and The Wall Street Journal, also inaccurately reported this week that Deutsche Bank had received a subpoena from the special counsel, Robert S. Mueller III, for President Trump’s financial records.

The president and his circle have not been shy about pointing out the errors.

That’s just the last week alone. Let’s just remind ourselves of how many times major media outlets have made humiliating, breathtaking errors on the Trump/Russia story, always in the same direction, toward the same political goals. Here is just a sample of incredibly inflammatory claims that traveled all over the internet before having to be corrected, walk-backed, or retracted — often long after the initial false claims spread, and where the corrections receive only a tiny fraction of the attention with which the initial false stories are lavished:

Russia hacked into the U.S. electric grid to deprive Americans of heat during winter (Wash Post)

An anonymous group (PropOrNot) documented how major U.S. political sites are Kremlin agents (Wash Post)

WikiLeaks has a long, documented relationship with Putin (Guardian)

A secret server between Trump and a Russian bank has been discovered (Slate)

RT hacked C-SPAN and caused disruption in its broadcast (Fortune)

Crowdstrike finds Russians hacked into a Ukrainian artillery app (Crowdstrike)

Russians attempted to hack elections systems in 21 states (multiple news outlets, echoing Homeland Security)

Links have been found between Trump ally Anthony Scaramucci and a Russian investment fund under investigation (CNN)

That really is just a small sample

I recommend reading the whole piece and watching the embedded videos.

 

What’s the matter with Wisconsin (and almost every state?)

Recent Headlines:

Wisconsin: Walker makes it harder for candidates to get a recount in close races

Former Trump Advisor: Scott Walker Has ‘Rigged’ 5 Elections 

Editorial: What is wrong with this picture? 

Wisconsin: Walker makes it harder for candidates to get a recount in close races <read>

Gov. Scott Walker has made it harder to ask for an election recount in Wisconsin. Walker last week signed into law a bill introduced in reaction to Green Party presidential candidate Jill Stein’s 2016 recount request in Wisconsin after she finished a distant fourth. Under the new law, only candidates who trail the winner by 1 percentage point or less in statewide elections could seek a recount. If that had been in effect last year, Democrat Hillary Clinton could have requested a recount since she finished within that margin, losing the state by only 22,000 votes. But Stein would have been barred. Democrats argued against the change, saying if candidates want to pay for a recount they should be allowed to pursue it. Stein paid for the Wisconsin recount.

Former Trump Advisor: Scott Walker Has ‘Rigged’ 5 Elections <read>

“As someone with great sentimental attachment to the Republican Party, as I joined as the party of Goldwater, both parties have engaged in voting machine manipulation,” Stone wrote. “Nowhere in the country has this been more true than Wisconsin, where there are strong indications that Scott Walker and the Reince Priebus machine rigged as many as five elections including the defeat of a Walker recall election.”

Editorial: What is wrong with this picture? We don’t for a second believe Roger Stone. Yet, we have no reason to believe Scott Walker or Wisconsin election integrity.  What is needed is transparent and publicly verifiable elections so that we do not need to trust anyone.

“Go FCC Yourself” or lose the last best hope for Democracy

The Trump Administration is doing all it can to kill the Internet as we appreciate it. It is time to follow John Oliver’s advice;
1. Go to http://GoFCCYourself.com
2. Press “+Express” on the right near the top
3. Fill in the form and comment. e.g. “Keep the Internet free, keep it under Tittle II…”

The Trump Administration is doing all it can to kill the Internet as we appreciate it. It is time to follow John Oliver’s advice;
1. Go to http://GoFCCYourself.com
2. Press “+Express” on the right near the top
3. Fill in the form and comment. e.g. “Keep the Internet free, keep it under Tittle II…”