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Guest: Election Integrity advocate Jennifer Cohn; Also: Judge blocks FL GOP's attempt to disenfranchise felons (for now); MO's largest county finally moves to hand-marked paper ballots!...
By Brad Friedman on 10/21/2019 6:35pm PT  

On today's BradCast, the catch-up work continues! In the week since returning from my month-long forced hiatus due to a family emergency, we've been so busy with Donald Trump's insanity and impeachment inquiry and withdrawal of troops from Syria and attempt to award himself the contract for the G7 Summit at his own Florida resort (which he retracted over the weekend under pressure from Republicans), that we haven't had any time to discuss concerns about "Plan B". Specifically, concerns about voting systems in a whole bunch of states and counties where elections officials are, insanely, moving towards vulnerable, 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) in advance of 2020. [Audio link to show is posted below.]

We make up for a month's worth of lost time on today's show. But first, some actually encouraging news out of two different states. On Friday, a federal court judge placed a temporary injunction on Florida's new Republican-adopted law that prevents former felons from registering to vote, unless they've paid off all court-imposed fines and fees first. The judge ruled the GOP law, enacted by state lawmakers just after state voters overwhelmingly adopted a new Constitutional amendment to re-enfranchise former felons last November, essentially amounts to an unconstitutional poll tax. The ruling, for now, is limited and has a few caveats, but voting rights activists are hailing the decision.

In still more good news for voters, this time in Missouri, the St. Louis County Board of Elections last month (where I was born and raised), unanimously voted to move the state's largest county to a new, hand-marked paper ballot system for all voters, other than those disabled voters who choose to use an assistive electronic system, beginning this November. The move comes as a welcome safeguard for voters after the County allowed voters over the past decade to choose between touchscreens or hand-marked paper ballots at the polls, while subtly (and not-so-subtly) encouraging voters to use the unverifiable touchscreens. That good news would also make my late father very happy, given that he was also a proponent for hand-marked paper ballots, as made clear in an amusing 2006 BRAD BLOG entry, which we share on today's show.

The move in St. Louis, however, is contrary to similar choices being made in a number of key jurisdictions around the country, where officials are moving to unverifiable and hackable BMD systems before 2020. States such as Georgia, South Carolina, Delaware, and New Jersey are moving to these expensive and vulnerable systems, as well as key cities and counties in Pennsylvania (Philadelphia!), North Carolina (Mecklenberg County, the state's most populous) and California (Los Angeles County, the nation's most populous!)

We're joined today by journalist, attorney, Election Integrity advocate and Twitter activist JENNIFER COHN --- who has a new video presentation out today on the many concerns about private voting system vendors who have taken over our public elections, and on the desperate need for hand-marked paper ballots --- in hopes of beginning to catch up on much of the voting system news we missed over the past month!

Unfortunately, as Cohn details, other than in St. Louis, the outlook is pretty grim between now and next year, as even leading Democrats (hello, Sen. Amy Klobuchar!) seem to have a very difficult time fighting for the real security improvements necessary to protect our election system from adversaries --- both foreign and domestic --- before next year's critical Presidential election.

Cohn makes the crucial point that phrases other than "HAND-MARKED paper ballots" are, essentially, code words for unverifiable, hackable, computer-marked paper ballot summaries. Phrases often used by vendors, as well as election and elected official to confuse voters include: Voter-marked paper ballots, voter-verifiable (as opposed to veriFIED) paper ballots, back-up paper ballots (hello again, Sen. Klobuchar!) or simply "paper ballots", without using "hand-marked" before it. If you don't hear them say "hand-marked" first, they either don't know what they're talking about, or they're trying to put something over on you.

And, as Cohn notes, if they promise post-election audits to protect the integrity of the vote, but are doing so without using hand-marked paper ballots to "audit" with, they are also trying to scam you. At least according to the actual inventor of the post-election Risk-Limited Audit (RLA) protocol, Prof. Phil Stark of UC-Berkley, an opponent of universal use BMDs. He describes RLAs of computer-marked ballots as "worthless" and little more than putting "lipstick on a pig"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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County election chief Dean Logan 'declines' to appear or answer public queries as nation's largest jurisdiction plunges headlong into major voting overhaul for 2020 Presidential elections...
By Brad Friedman on 8/26/2019 6:18pm PT  

Well, as detailed on today's BradCast, we've been trying, for a long time to get answers about the new, unverifiable touchscreen voting systems set to replace Los Angeles County's verifiable hand-marked paper ballot system for the first time in the 2020 Presidential elections. Disappointingly, however, the L.A. County Clerk/Registrar-Recorder Dean Logan, who had been very responsive and helpful in previous years, no longer answers simple questions about the new voting system called "Voting Solutions for All People" (VSAP), which he has been developing for more than a decade. That is very troubling, as we explain in detail today. [Audio link to full show is posted below.]

The new VSAP system is a touchscreen Ballot Marking Device or BMD, which prints out a computer-marked paper ballot summary of votes selected via the touchscreen, before using another computer, an optical-scanner, to read the non-human readable QR Code that is also printed on the ballot summary. The QR Codes are used to tally votes. While the QR Code (a type of barcode) cannot be verified for accuracy by voters, it is also impossible with such systems to know if any voter has even verified the human-readable portion of the ballot summary at all, much less correctly, after an election. Studies reveal that most do not verify computer-marked ballots at all, and that of the minority who do, most don't recall the details or selections on the ballot they voted just moments earlier. That's just one of the many reasons why most cybersecurity and voting systems experts warn against the use of such systems which are now proliferating --- and sometimes replacing verifiable hand-marked paper ballot systems --- in many states and counties across the country before 2020. (The list of states where counties or the entire state are moving to BMD systems include a number of key battleground states. Such systems are planned for use next year, or are already being used, in OH, WI, PA, TX, WV, KY, NY, NJ, KS, TN, IN, SC, NC and, yes, CA, unless the public prevents these plans.)

We have been trying to get simple answers from Logan about the VSAP project before voters are forced to use it next year in the nation's largest voting jurisdiction, but Logan has both repeatedly refused to answer many such questions and has declined repeated invitations to appear on the program, including today's. That, after he has joined us on a number of occasions over the years (the last time he joined us was in April 2013 to announce that the new system would be an unverifiable touchscreen system) and he used to be quite responsive to voter questions and concerns on Twitter and elsewhere.

Among the simple questions Logan refuses to answer of late:

  • Will voters at the polls in Los Angeles still be allowed to vote on hand-marked paper ballots as previously mandated by the CA Sec. of State? (The office of Democratic SoS Alex Padilla, a supporter of the new system in L.A., has also not yet responded to that question.);
  • Will there be paper backups of the new electronic pollbook systems used with VSAP at the new Voting Centers which will be replacing community precincts this year? (1,000 such Voting Centers will allow voters to vote from any of them, versus the 4,000 local precincts L.A. voters have used in the past);
  • Will independent cybersecurity and voting systems experts like Harri Hursti, who has hacked many voting machines over the past decade or more, be allowed to carry out security and penetration tests on the system before it's used in the 2020 Presidential election? (Hursti has agreed to do so, but Logan has not responded, at least publicly, to take him up on his generous offer);
  • Where is the public documentation for whatever certification and security testing that Logan claims to have already carried out?
  • Why was a private, foreign-based voting systems vendor named Smartmatic given the nearly $300 million contract to build and program the systems, despite their disturbing record of mysterious foreign ownership and failed past elections?;
  • Why does Los Angeles and the California Sec. of State characterize the new VSAP system as "open source", while refusing to disclose the so-called "open source" to the public and responding to public records request to review it (even from other elections officials!) by claiming the system's code is "propriety information", "trade secrets" and that disclosure would "reveal vulnerabilities to attack or would otherwise increase the potential for an attack on the public agency's information technology system"?

We would have preferred Logan joined us on air today to answer such questions, and many more from callers. However, as he declined, we were forced to do our best to answer them ourselves.

Moreover, it would also be helpful if corporate media bothered to cover any of these important issues to the public. The Los Angeles Times ran two stories on VSAP last week, one a fawning 1,900 feature article on Logan and his years-long development process for the system. Neither story by the Times' Matt Stiles --- including the one headlined "Ready for the voting overhaul in L.A. County? Here’s what you need to know" --- mentioned anything about the many security and verifiability concerns of the new system. Following my public complaints to that end over the past week, Stiles has told me he is considering a story on those concerns. I hope so! Voters need to corporate to step up to this stuff, even a tenth as much as they cover the horse race --- while ignoring the track conditions on which the horses will be running!

Arguably, as bad or worse, Washington Post has a page up on their website headlined "How Ballot-Marking Devices Work". There is no story or text on the WaPo page, remarkably enough, just an embedded version of a two-and-a-half minute promotional video for the VSAP project created by the L.A. County Registrar-Recorder/County Clerk's office. Seriously! Nonetheless, out of an abundance of fairness, we aired the full promotional video for the system on the program.

We take a deep (and often harrowing) dive into all of the above and much more --- along with listener calls, many of them furious, as they hear about this for the first time --- on today's BradCast...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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