Today Jennifer Brunner, the Ohio Secretary of State, announced that she has filed a counterclaim in a lawsuit with Premier (Diebold) Election Solutions. The counterclaim asks for damages, including punitive damages, against the vendor for voting machine malfunctions and for the company’s claims that warranties on equipment have expired. Brunner is arguing that problems with the voting systems caused votes to be “dropped” when memory cards were uploaded to the server. There is evidence that this happened in at least 11 of the 43 counties that used Diebold DREs in past elections. The company, apparently, agrees there was a problem, as they issued a product advisory on this problem in May. One question is outstanding now: How many counties in how many states had the same problem and never realized it? It’s time to cut our loses and get rid of those damn machines....

In Kansas it appears that poll workers are not responsible to ensure a voter is voting on the correct ballot. Today’s featured article relates an issue that happened in the polls today. At least 4 voters checked-in at their poll site and were assigned a machine. The voters went to the open machine and selected the WRONG ballot which kept them from voting on an important bond issue. County election officials blame the voters. However, in most states the poll workers ensure the voter will vote on the correct ballot. What the reporter doesn’t tell us, probably because she didn’t ask, is how many voters chose the wrong ballot and voted, incorrectly, on the bond issue....

Today’s featured article begins: “Although the United States prides itself on its commitment to democracy, its electoral system hardly qualifies as world-class. Putting aside the well-documented problems with electronic voting, hanging chads, and inept ballot designs—we are a country that does not even ensure that its polling places have sufficient ballots, adequate staff or enough space to avoid lengthy lines on election day. During this past Democratic primary season, state after state was “surprised” by larger than expected voter turnouts; it was as if the only people who were not aware of heightened interest in the elections were those in charge of ensuring enough ballots. We are now three months from the November elections. Have cash-strapped states further consolidated precincts so as to virtually guarantee long waits to vote? Is anyone ensuring that enough ballots will be printed to address a likely historically large turnout? If past experience is a guide, unless focus is placed on these issues now, expect what happened in Ohio in 2004 to be replicated across the nation this November.” ...

Our featured article today is an editorial from the New York Times who have correctly labeled the Feinstein-Bennett Bill, S.3212, as a BAD electronic voting bill. In their opening graf the Times Editorial Board says, “Congress has stood idly by while states have done the hard work of trying to make electronic voting more reliable. Now the Senate is taking up a dangerous bill introduced by Senators Dianne Feinstein, Democrat of California, and Robert Bennett, Republican of Utah that would make things worse in the name of reform. If Congress will not pass a strong bill, it should apply the medical maxim: first, do no harm.” Do no harm indeed. This bill is bad legislation and will do a lot of harm. It needs to be plowed under. Read more about the bill HERE And then call your Senators and demand they say NO to this BAD legislation....

I’ve added a new suggestion to this reminder so I am going to send it a second day in a row. [Thank you for the timely suggestion Jody] Voter registrations and voter registration data bases have been a huge problem during the primary elections. There is no reason to believe that they will not be a huge problem in November. One of the only ways to ensure a voter is registered is for that voter to check their registration. We recommend every voter check now and then check again just before the voter’s state registration closes before November. We urge voters who find themselves purged from the registration roles to write a letter of complaint to their local Board of Supervisors, especially their own representative, with a CC to their SoS, the local newspaper Editor, and their congressional members. If those responsible for representing the citizenry start receiving such letters they might act to eliminate the cause. You can find out the date that your state is closing registration and who to check to ensure your registration is still HERE: ...

It has been a couple weeks since we reminded all of our subscribers that voter registrations and voter registration data bases have been a huge problem during the primary elections. There is no reason to believe that they will not be a huge problem in November. One of the only ways to ensure a voter is registered is for that voter to check their registration. We recommend every voter check now and then check again just before the voter’s state registration closes before November. You can find out the date that your state is closing registration and who to check to ensure your registration is still HERE: ...

In today’s “Featured” article, Voter Action had this to say in opposition to S.3212, “The United States Congress should be investigating, not financing, the private companies that have sold the DRE systems to states and counties throughout the country. With more than 3 billion dollars at stake, the American people have the right to know whether these companies knowingly marketed a defective product, as some evidence now reveals. If, in fact, any of these companies engaged in deceptive practices in accessing public funds, they should be held accountable and states and counties should get their money back. Just as Congress needed to apply scrutiny to Big Tobacco, it is time for Congress to investigate the elections industry.” We agree with Voter Action and call on Congress to defeat S.3212 and any other legislation that “funds and encourages the continued use of this faulty voting equipment”....

S.3212 is BAD legislation. The bill will be heard by the Senate Committee on Rules and Administration tomorrow at 10AM Eastern. Rather than ensure a paper ballot, or even a paper trail, this bill will allow more software or other verification schemes. This bill was clearly written with assistance from the voting machine industry and not the election integrity community. This bill must be stopped before it gets to the floor for a vote. Please call your Senators, especially if they are on the Rules Committee, and tell them NO on S.3212. See VerifiedVoting.Org for more detail on this BAD legislation....

As reported in today’s “Featured” article problems encountered during New York State’s tough certification testing have caused the timeline for the 2009 rollout of state’s new voting machines to slip. Now the State Board of Elections has notified the Court that it will not be possible to complete testing on schedule and deploy the new machines in time for the September 2009 primary, as the Court has ordered. Why has this happened? Bo Lipari, the author of the blog, reports that the State Board of Elections has stated, “In the July 24, 2008 weekly status meeting SysTest announced that the vendors were not ready for testing at this point in time due to various issues, among them: documentation issues, testing machines supplied which did not function, lacked hard drives and or USB ports and therefore could not be tested.” Is it any surprise that the vendors, ES&S and Sequoia, are not ready for testing? In what other industry would a contractor come to a state, in hopes of making hundreds of millions of dollars in sales, with a product that was not ready to be tested? ...

“On June 26, 2008, Senator Dianne Feinstein (D-CA) and Senator Robert Bennett (R-UT) introduced the Bipartisan Electronic Voting Reform Act (S. 3212). The press release accompanying the introduction of S. 3212 observes “the ability to ensure there is an accurate, reliable and transparent method for Americans to cast and count votes is fundamental to our democratic process.” Unfortunately, S.3212 falls far short of ensuring accuracy, reliability, and transparency in our elections and is likely to do more harm than good.

“The bill contains some generally commendable provisions relating to election security (Section 4), voting system testing and certification (Section 5), and ballot layout design (Section 10), but the positive aspects of these provisions are outweighed by the problems created by many of the other sections of this bill. Despite its worthy motivations, the bill fails to carry out its objective.”

Thus begins the review of S.3212 by VerifiedVoting. We agree with these statements and the conclusions of VerifiedVoting. This bill gets a hearing this Wed., 30 July in the Senate Committee on Rules and Administration. It needs to be defeated....

Voter registration is the subject of today’s three “Featured” articles. First, nine Senators have introduced S-3308 to require the Department of Veteran Affairs to help veterans to register to vote. We welcome this new legislation but it may be too little too late. Also, voting rights groups have accused Louisiana, Michigan, and Kansas of violations of the National Voting Rights Act (NVRA) by removing legally registered voters from the rolls. It is imperative that every voter in these states, especially, check to ensure their registration is still good. And, voting rights advocates have also filed suit in New Mexico state court over the state’s harshly restrictive voter registration law. ...

In today’s featured article Bo Lipari of New Yorkers For Verified Voting opens, “It’s become obvious that New York State’s new voting systems will not be able to complete New York State certification testing in time for the scheduled 2009 rollout. The state sets the highest bar in the nation for approval of voting machines, one that vendors have never been required to meet before. Their performance in New York demonstrates that they are a long, long way from understanding that the public will not stand for poorly designed, badly tested and outrageously overpriced equipment, and a business philosophy of let the customer be damned.”...

I have spoken many times in this space about voter registration. People ask where they can go to check their registration or what is the final day for registration in their state. VotersUnite has now provided a data base that tells the voter the final date to register to vote before the general election and who to call to ensure you are still registered. We have also provided information on who to call to find your polling site and some other useful information HERE...

“It seems incomprehensible for me that VA does not want to assist veterans to register. It is despicable,” said Jim Dickson, vice-president of American Association of Persons with Disabilities (AAPD). “I am trying hard to not express how angry I am.” On this I will agree 100% with Dickson. Also in our featured articles several Senators have stepped up in support of our veterans as they have introduced a bill to require the Department of Veterans’ Affairs to do the right thing. One of those Senators, Patty Murry (D-WA), said, "The right to vote is at the very heart of the democracy that our nation's veterans have fought so hard to protect,” Senator Murray said. “The VA knows first-hand how much our veterans have sacrificed and should make every attempt to make voting easier – not harder – for them. This legislation breaks down barriers to voting for our veterans and helps keep our commitment to protect the rights of those who have fought for us."...

“I’m concerned about the weak spots,” said Rosemary E. Rodriguez, the chairwoman of the United States Election Assistance Commission, which oversees voting. “So much depends on whether there will be enough poll workers, whether they are trained enough and whether their state and county election directors give them contingency plans and resources to handle the unexpected.” That is, in our opinion, an understatement. Today’s featured article goes on to tell a bit more of the story. Eleven states will use new voting systems this year, as compared to 2004, moving from DREs to paper based systems. One more item can be added to what are most certainly concerns of the EAC and that is discussed in our second featured article. The Brennan Center has produced another excellent paper. This time it is about ballot design; the issue that gave us the infamous “butterfly ballot” and the recent “Double Bubble Trouble” from Los Angeles Co. By all reports voter registration is way up this year. Turnout will be huge and problems are going to be rampant unless election officials are prepared and they have plenty of volunteers....