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Incredibly close race was run mostly on 100% unverifiable electronic touch-screen voting systems...
By Brad Friedman on 11/6/2013 12:33pm PT  

[This article now cross-published by The Progressive...]

As of today, following yesterday's off-off year Election Day 2013, the race for Virginia Attorney General is still uncalled by the media, and for good reason. Out of some 2.2 million votes cast in VA yesterday, the Democratic candidate for AG, Mark Herring and the Republican candidate, Mark Obenshain are now reportedly just a hair's breadth apart.

Depending on whose numbers you look at, as of 2p ET this afternoon, Obenshain is reportedly ahead by either 965 votes, according to the State Board of Elections (SBE), or by 286 votes, according to AP (which was often well ahead of the SBE numbers during reporting of results last night), with all precincts now said to have been accounted for in unofficial results.

The last numbers I had seen before going to bed last night at around 4am ET, showed Herring up over the Republican by 616 votes, but there were still said to be about 4 precincts out at that time, according to AP. The SBE's numbers had several more precincts unreported at that hour, as it looks like they had knocked off for the night several hours earlier.

Given the tightness of these reported numbers, and the fact that Republicans are certainly hoping to deny Democrats of a "clean sweep" win last night (the Ds took both the Governor's and Lt. Governor's race), a Commonwealth-wide "recount" is almost certain in the Attorney General's race. Current AG, and last night's failed Gubernatorial candidate Ken Cuccinelli will likely oversee that "recount," as luck would have it.

But a "recount" in VA, may offer much less than one would think. So, here's why I put the word "recount" in quotes. This is what the map of Virginia looks like, courtesy of Verified Voting's 2012 database, as identified by types of voting systems used across the state...

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And how to maximize the likelihood of your vote actually being counted and counted accurately...
By Brad Friedman on 11/5/2013 12:30pm PT  

These tweets are from Col. Morris Davis, the former Chief Prosecutor at Gitmo, on how things went for him today as he was trying to vote in Virginia...

In another tweet, Davis notes that he "voted in Buckland Precinct in Prince William County, Virginia," and then noted to others that he "Hope[s] voters will double check their ballots before pushing submit to make sure they're right."

Good advice, of course. But, unfortunately, given the 100% unverifiable touch-screen voting systems used in Prince William County (and across much of Virginia and most of New Jersey), even checking the onscreen "ballot" for accuracy is no guarantee that the vote will be counted accurately, or even at all, unfortunately.

The same is true on systems that have so-called "paper trails" that print out for voters to examine before "casting" them. (On those systems, the "Voter Verifiable Paper Audit Trail" or VVPAT, is largely to make the voter feel better, somehow. In truth, those "paper trails" are almost never actually tallied. The internal computer numbers are used instead. And, even if the VVPATs were to be tallied by humans, there would be no way to know for certain that they actually reflect the intent of any voter.)

For the record, Prince William County uses touch-screen systems made by Sequoia Voting Systems, which is now owned by the Canadian firm Dominion Voting. To get an idea of the many problems and concerns over the years with Sequoia touch-screen systems, see this article detailing the day that Barack Obama early voted on one of them in Chicago last year. Those are also the same systems which managed to flip Oprah Winfrey's Presidential vote back in 2008. (The Obama piece also includes links to our articles detailing things such as Sequoia's "yellow button" on the back of each touch-screen system which, if pressed correctly, as an election official explained to us back in 2006, allows a voter to "vote as many times as you want. You won't ever have to stop until someone physically restrains you from voting.")

[Update: VA voter David Hutchinson reports similar problems with touch-screen flips today in BRAD BLOG comments below.]

Want to maximize the possibility that your vote will be counted and counted accurately? Try to vote on a hand-marked paper ballot where available. We were told today that, for the first time, some locations in Virginia are allowing voters to vote on paper if they like, though Charlottesville, VA voter David Swanson reports than when he voted at the precinct today, "Most people chose not to."

Of course, paper ballots are also almost always tallied by computers, instead of humans, so those are causing big problems for voters as well today...

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