The Republican Who Most Likely Lost the Race, Held on Touch-Screen DRE Voting Systems, Continues to Serve in Congress as the Democrat Who Won Doesn't...
By Brad Friedman on 6/14/2007, 6:08pm PT  

Sarasota's Herald-Tribune highlights why it's imperative to get election results right on Election Night...

Probe of District 13 race is slowing

Democrat Christine Jennings was pinning her hopes of winning the 13th District congressional seat on the Democratic majority in Congress.

But a month after essentially abandoning her legal challenge in a Florida court, Jennings is finding her gamble to rely on Congress could take far longer than her supporters had hoped.

The U.S. Government Accountability Office is set to tell Congress on Thursday that it needs until September just to determine what other audits, investigations, and court proceedings have already turned up. Then, the GAO would go before Congress again to determine how much additional time, if any, it needs to produce a formal report for Congress with its own research, said Nancy Kingsbury, a spokeswoman for the GAO.

That would hardly conclude the investigation. The report would need to be vetted by a task force and then voted on by a full committee in Congress before it could then go before the full U.S. House, which has final say over the dispute.

That would all have to happen in the eight weeks between Labor Day and the targeted adjournment on Oct. 27 for the rest of the year.

The Congressional challenge is due to problems with touch-screen DRE voting systems in the district which resulted in 18,000 lost votes, in a race certified as having been "won" by the Republican Vern Buchanan over the Democrat Christine Jennings by a 369 vote margin. Even the machine vendor (ES&S)'s own expert in court admitted that Jennings would have most likely won were it not for problems with their touch-screen DRE voting machines during the race.

A recent study of DRE voting systems found that two-thirds of voters didn't bother to check their review screens at the end of the voting process on such systems, and that even if they check them, they do not notice votes that have been flipped by the system. The study concludes that paper trail records, printed out after the review screen on DREs, would similarly not be noticed or checked for accuracy. Those findings confirm earlier results from an MIT/Caltech study which looked at similar issues.

The embarrassments caused by the District 13 race in Florida helped lead the Republican-controlled House and Senate in Florida to finally legislate a ban on DRE touch-screen voting machines altogether.

Supporters of Rush Holt's HR811 Election Reform bill in the U.S. House, however, have said that it's impossible to get a similar ban in the Democratically-controlled House and Senate, so they've refused to add such a ban to their sweeping bill. Those who have made the claim that a DRE ban could never win passage in the Democratically-controlled House and Senate have yet to offer any evidence for that claim, or even offer a single name of a supporter of the bill who would vote against it if it included such a ban.

The bill currently has 216 co-sponsors, although ComputerWorld today confirmed our report from earlier this week that Presidential Candidate Dennis Kucinich (D-OH) plans to withdraw his co-sponsorship of the bill.

The FL-13 election, meanwhile, was held back in November of 2006. The earliest timetable detailed in the Herald-Trib article, quoted above, would result in a decision on the matter by October of 2007. The Republican Vern Buchanan, who most likely lost the race by nearly everyone's (but his and Sean Hannity's) estimation, continues to vote with the GOP caucus in the House while the Democratic candidate, whom Sarasota voters had tried to send to the U.S. House, bides her time in Florida.

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