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We are first of all giving the link to Bev Harris's just-completed
2008 Citizens' Tool Kit, which includes "top 5 things citizens can do"
to help prevent or detect election fraud this November; then will
follow "Action Items" that we have designed for you as well.
TABLE OF CONTENTS
Top 5 things you can do
1. Get involved………pg 5-8
2. Hook up with experienced groups………pg 9
Freedom of Information Tips………pg 10-11
3. Protect & defend – deceptive practices………pg 12-24
4. Protect & defend – voter lists………pg 25-37
5. VOTING MACHINES:
Protect & defend – vote counts………pg 38-71
HERE ARE SOME EXCERPTS:
(much more here: http://www.blackboxvoting.org/toolkit.pdf )
(comment section here: http://www.bbvforums.org/forums/messages/1954/76548.html )
#1 GET INVOLVED
In
the end, this isn't about getting your favorite presidential candidate
elected. This is about more permanent solutions: getting durable,
ongoing citizen-based controls to oversee all elections. Elections
ultimately control your daily life: your property rights, roads, the
public safety, the justice system, and ultimately, the economy, your
freedom, and your health...
FREEDOM OF INFORMATION TIPS
All states have open records
laws. You have the right to see any document (with a limited number of
exceptions). Part of every public official's job is providing public
records. They know it, they're used to it, there's nothing
confrontational about asking to see a record, people do it all the
time. Here is a wonderful compendium of summarized public records laws
for each state:
http://www.rcfp.org/ogg/index.php
Here is a useful site to generate professional-looking records requests:
http://www.splc.org/foiletter.asp
It helps to see examples. You can find hundreds of actual public
records requests, including the documents provided in response to them
and the occasional back-and-forth between requestor and public
officials, by going to http://www.blackboxvoting.org. Use the search box at the top of the home page. Enter "records request" and it will find pages with examples for you.
#3 PROTECT AND DEFEND AGAINST DECEPTIVE PRACTICES
WATCH
FOR: Last minute changes, polling place consolidation, confusing ballot
design, shorting voting machines, malfunctioning machines, electronic
poll book problems, supplies missing, not enough election workers,
provisional ballot roadblocks, deceptive phone calls / fliers,
deceptive ballot configurations, race left off some ballots, deceptive
translations, snoop-friendly ballots, improper absentee ballot /
envelope design, incorrect mail ballot insertions / delivery problems,
cheat peeks
Part of election protection is knowing what to watch for. These
things happen. The first time you see it, you can't quite believe it.
That disbelief prevents citizens from taking crucial, immediate action.
Elections are time sensitive. Keep your eyes wide open, vow to respond
quickly and effectively.
DON'T WAIT UNTIL LAST MINUTE TO CHECK YOUR POLLING PLACE.
A
Santa Clara County, California man was told by his online polling place
finder that his address was in Gibbon, Iowa. If he had checked just as
he was running out the door to vote, he would have experienced a delay.
During the 2008 primary, Black Box Voting tested the Philadelphia
County, Pennsylvania Web site "polling place-finder" using the
addresses on our own donor list. Dozens of valid addresses showed a
polling place not found message.
Local newspapers often print polling place locations, and you can
call your local elections division. Don't wait till the last minute,
and before heading out the door, double-check the location of your
polling place and help others find theirs.
DECEPTIVE TRANSLATIONS
Areas with substantial non-English
speaking populations are required to provide voter information in
appropriate languages. In one California location, the Spanish language
voter information provided the wrong date for an election. In a New
Mexico election, the Spanish description of a ballot item was so
misleading that new ballots had to be mailed, leading to confusion over
which ballot to use. In a Connecticut election, instructions which in
English said "Vote for any two" said, in Spanish: "Vote for any OF the
two", a translation which will literally cut votes in half for Spanish
language voters.
It's important for language minority advocacy groups to review the
non-English ballots, voter pamphlets and other election materials as
far in advance of the election as possible. If you find a deceptive
translation, find out who is responsible for checking translations to
make sure they are accurate and what firm did the translation. Demand
correction and report to all stakeholders and advocacy groups,
including the appropriate ethnic advocacy groups.
CHEAT PEEKS
Early and absentee voting provide opportunities for "Cheat peeks" – illegal peeks at results before Election Day.
In
Pima County, Arizona audit logs show that early results were run in a
controversial election. Candidates spend heavily on pre-election
polling. Political polls sample a few hundred registered voters, who
hopefully provide truthful answers to questions designed to elicit how
they really will vote. Imagine now that one candidate (but not the
other) gets access to something much more valuable: not hundreds, but
tens of thousands of voters; not answers that are probably truthful,
but the actual vote data.
No one – insider or outsider – should scan a single ballot before
the end of Election Day. Some state laws specify that the ballots can
be run through the tabulator if no one looks at the results (Hah!) and
in Oregon, apparently, "insiders" can look if they don't tell. (Hah!)
• GET AUDIT LOGS: Tabulator audit logs will show the cheat peeks,
although insiders can alter the audit logs. You can request copies of
the audit logs daily. If the logs themselves have not been tampered
with, you will find an evidence trail showing when results reports were
run.
#4: PROTECT AND DEFEND VOTER LISTS
HELP WITH: Register people to vote, confirm registration, save evidence, get photo ID;
WATCH
FOR: Slowdowns or crashes in statewide voter registration databases,
racial profiling, failure to enter new or updated registrations into
the database timely, names left off list (no explanation), category
switching, incorrect online feedback, problems with hyphenated names
& typos, impossible numbers;
ADVANCED TOOLS: Statistics, voter list tracking
Register
people to vote. Help people confirm that they are registered as an
"active voter" (see distinctions between active, inactive, pending and
cancelled). Get voters on "inactive" status reactivated. Save
communications from the elections office as evidence. Help people get
photo ID. Urge everyone to bring it to the polling place, whether or
not the state requires it.
BUT IT'S NOT GOING TO BE ENOUGH TO REGISTER VOTERS AND HELP THEM
VOTE. We already know that systematic voter disenfranchisement has been
part of the game plan in the past. This year let's get off the defense
and play some offense, and don't expect the old playbook to be repeated
tit for tat.
You may have heard about voter list purging. Figures vary, but
estimates of the number of voters wrongfully purged from 2000 Florida
voter rolls range from 50,000 to over 90,000. Wrongfully purged voters
were disproportionately Black. These eligible voters were not allowed
to vote at all.
In 2008 for the first time, all 50 states will be using new
statewide computerized voter registration databases. Most of what we're
going to see in 2008 will not be called "purging." This year, we're
going to find voter disenfranchisement in the statewide voter lists,
especially in the "PENDING" area (new voter registrations not entered
into the system, and registrations stuck in "pending" status); "CHANGE
CATEGORIES," as voters are switched from one voter registration status
to another, registrations are updated, and in TYPOS AND DATABASE QUIRKS
that make database searches fail...
This year instead of 50-90,000 voters purged, we are looking at the
potential to see FIVE TO 10 MILLION voter registrations stalled,
changed, hit with typos or miscategorized.
These are
exceptionally unwieldy problems and it is difficult to come up with
meaningful citizen oversight actions, but with over 100 million voters
on these new computerized lists, we need to try.
Black Box Voting received eye witness reports from three large
counties in 2004 indicating that thousands of registrations were not
entered before the election (even though election officials claimed
they were). Insiders told us this was due to staffing shortages and/or
the refusal of county officials to pay for overtime or temporary help.
Here are excerpts from an e-mail received by Black Box Voting from one
of the temporary employees hired to do this:
This
above report illustrates something very important: NOT ALL VOTER
REGISTRATION CARDS WERE ENTERED INTO THE SYSTEM AT ALL, UNTIL MONTHS
LATER! Voters who were not entered in the database may be stripped of
even their provisional ballot. We have seen boxes and boxes of "to be
entered" cards after deadlines for getting them entered into the
database. It is inconceivable that all these were sorted through to
determine whether their provisional ballot should count.
-
Will updates and input to the voter registration database be done by in-house staff, overtime, or temporary employees?
- What formula was used to project voter registration update & input needs?
- Has the budget been approved for this?
- What tracking and reporting system is available for internal controls and public oversight?
You
can make an appointment and ask for a tour. Ask them to walk you
through (literally) the process for entering and updating voter
registrations.Ask about internal controls. Ask what tracking reports
will be. Don't believe everything you hear.
The best way to get the real story is to develop a relationship
with a clerk or temporary employee tasked with entering the
information. Ask how it's really going.
#5 VOTING MACHINES:
PROTECT AND DEFEND THE VOTE COUNTS
PROCEDURAL IMPROVEMENTS: Transparency Project, Input to Output;
IDENTIFY
PROBLEM LOCATIONS: History of indictments, missing internal control
forms, public records obstruction, weak management, observation
obstruction; past election problems; ELECTION PHASES: Pre-election;
Early voting & absentee periods; Election Day; Election Night;
Canvassing period; Post-election:
ADVANCED TOOLS: Voting machine examinations, Web snapshot tools, poll
tape/central tabulation comparison, citizen ballot inspection audit,
voting machine audit items
All
computerized voting machines, as currently implemented, count votes in
secret, and all election computers are under the control of
administrators and programmers. All computers do what they are told to
do by their administrators and programmers.
This is the core problem with voting machines.
Using these new
systems, the citizenry has inadvertently ceded ultimate control over to
government insiders and the vendors they select.
DEMOCRATIC ELECTIONS MUST:
(a) Give the public full access to Freedom of Information on every aspect of the election.
(b) Count all votes in public (while maintaining individual political privacy)
(c)
Allow the public to see for themselves that the votes being counted are
the original votes, not counterfeit or substitute votes. "Chain of
custody" must always be public.
IN THE NOVEMBER 2008 ELECTION:
- Your right to sovereignty over your government will not be honored.
- 99 percent of the votes will be counted in secret on computers controlled by government insiders and vendors.
- Your right to Freedom of Information will not be honored.
- You will be unable to ascertain that chain of custody is intact.
- It's too late to resolve these problems for 2008.
- It's not too late for partial solutions.
- It's not too late to collect important circumstantial evidence to assess the accuracy of the election.
Not
a good situation. Despite passionate and always underfunded efforts by
citizens for several years to get these issues addressed, we're up
against it again in 2008. It's too late for new legislation or major
changes. Let's work with what we have:
More on Procedural improvements, see pg 41-42 in Tool Kit 2008:
- Precinct-based public hand counts
- Transparency Projects
- Input to Output
IDENTIFY PROBLEM LOCATIONS FOR EXTRA SCRUTINY:
- History of indictments
- Missing internal control forms
- Public records obstruction
- Weak management or poor quality controls
- Observation obstruction
- Past election problems
In
the weeks leading up to the election, help gather information to
predict problem locations. Let's treat these problem locations to extra
scrutiny.
You can get an idea for past vote-counting problems by doing a news
search, looking for incident reports filed by citizens, and by reading
the text of any election contest lawsuits in the location you want to
monitor. You can find incident reports by vendor and also by state and
county (and/or municipality) at blackboxvoting.org
and VotersUnite.org. If you Google "election incident reports" you can
locate databases of reported incidents from 2004 and 2006.
PRE-ELECTION PHASE
Indictments, guilty pleas, convictions:
Because computerized vote-counting is controlled by insiders, any
locations with a history of corruption in key local government
positions are particularly at risk for computerized vote-counting
fraud. Key positions include county supervisors and commissioners (who
often appoint elections officials); sheriffs, judges, county auditors
and county clerks.
"Facts. Facts. Facts. Brick by brick we will build American democracy better than the Founders ever imagined possible."
– Nancy Tobi, Election Defense Alliance
PUBLIC
RECORDS: You can request to inspect or get copies of election-related
records, including: voter complaints, poll worker incident reports,
telephone Election Day support logs, and "rover" or technician logs.
You can find many examples of these requests and responses in the state
and county/municipality section of blackboxvoting.org.
BOOKKEEPING & RECONCILIATIONS: Vote counting is a form of
bookkeeping. Properly run elections are accompanied by report forms
showing how many voters signed in, how many ballots were provided, how
many were cast, spoiled, and uncast. You will be surprised how often
the numbers don't add up! Sometimes poll workers explain the
discrepancies, but sometimes the numbers are off by hundreds with no
explanation.
INTERNAL CONTROL FORMS: Some locations will report that they have
had no problems, when in fact they don't provide any forms to poll
workers to log the problems. If you ask to look at a blank copy of each
form for poll workers, and also forms for tracking voting machines,
seals, peripheral equipment, telephone reports, and technician visits
you'll get a good idea as to whether adequate control systems are even
being used. Filled-out copies will show how well they manage quality.
This will help predict which locations are most likely to experience
problems or fraud in November.
TAMPERING SYMPTOMS:
-
Voting machines could not "close" properly
- Cartridge would not read
- Tabulators failed to read some memory cards so technicians had to "extract the data"
- Some cartridges or memory cards were temporarily misplaced
- "We're not sure why votes were incorrect"
- "The vendor is looking into it for us"
- Voting machines had to be replaced during the election due to malfunctions
- Broken or mismatched seals
- Calibration problem
- Counter didn't increment
- Machine would not produce a "zero report" before votes cast
- Electronic poll book said voter had already voted absentee, voter says no
OBSTRUCTIVE
VS. COOPERATIVE: You can get a good idea how responsive each location
is to public oversight by submitting a very simple one-item public
records request and observing response. Are they prompt, complete,
reasonably priced? Or do they inflate response timelines, price gouge,
and obstruct?
Find out if the public (not just "politically appointed observers")
is allowed to view the vote counting after the polls close. Find out if
videotaping is allowed.
In most cases you'll find that local and
state officials are more than willing to work on implementing
solutions. If you spot significant problems or run into obstructive
public officials, you may want to enlist the help of the voting rights
committees for your political party, report to election protection
groups, and build public awareness through the media. Focus on
prevention. Try to spot problems ahead of time so improvements can be
achieved before November elections.
FOR PERSONALIZED ADVICE, MENTORING AND INPUT
Contact citizen
empowerment and volunteer helpers at Black Box Voting, Election Defense
Alliance, or a local election protection group. You can ask questions
by e-mail:
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- You may also get support and direction from your preferred political
party, and you can help connect your favorite candidates and party with
election integrity organizations.
Get involved. Your election protection actions this year
will be part of returning control over election processes to the people
who own the government.
"You are not required to complete the task, yet you are not free to withdraw from it." – Rabbi Tarfon
More: http://www.blackboxvoting.org/toolkit.pdf
If
you would like to receive a printed copy of TOOL KIT 2008 send a
request by e-mail with your name and mailing address. Printed pocket
Tool Kit 2008 booklets will be mailed in August.
* * * * *
Black Box Voting is a national nonpartisan,
nonprofit elections watchdog group working to improve public controls
in our elections. More: http://www.BlackBoxVoting.org
TO DONATE: http://www.blackboxvoting.org/donate.html
to mail:
Black Box Voting
330 SW 43rd St Suite K
PMB 547
Renton WA 98057
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