Tag Archives: election integrity

Election Integrity to be Strengthened with SB53

Voters are likely to see improvements in the current system of challenging voter eligibility with SB53 Voter challenge Revisions, now awaiting the Governor’s signature.

The ACLU of Utah has posted the status of the bill on its website :

SB 53 “Voter Challenge Revisions,” is a culmination of several years of work by Utah County Clerks, the ACLU of Utah and other voting rights advocates. This effort began after the 2007 election when the current election laws were misused resulting in a large number of Ogden voters being wrongfully accused of being ineligible to vote. The bill passed the Utah Legislature unanimously, and is before Governor Herbert for signature. The ACLU of Utah sent the Governor a letter encouraging him to sign SB 53.

In its letter to Governor Herbert on this bill, the ACLU of Utah highlights the flaws in the current system:

Under existing Utah law, an individual can challenge a voter’s eligibility without the voter knowing about that challenge – until the hopeful voter arrives at their polling place on Election Day.  The voter then has to complete a provisional ballot rather than cast a regular ballot, as unchallenged voters are able to do; provisional ballots are much more likely to be thrown out based on technicalities.

The integrity of Utah’s Elections will be strengthened with this bill and, as the ALCU highlights in its letter to the Governor, Election Day can be focused on the actual election and not on voter issues as has been seen under current law.

See previous post on Electoral Reform, including information about the Ogden voter challenges, here.

(cross-posted to Utah Legislature Watch)

The Status of Electoral Reform in Utah

Today is Green Blog Action Day over at Green Change.  The topic for today is electoral reform, which is addressed  in the Green Party’s platform.   It will be interesting to read from bloggers on Green Change from all over the country on the topic of electoral reform.   My contribution to the Green Blog Action Day today is to provide a summary of electoral issues in Utah, including bills up for adoption during this year’s Legislative Session.

The recent U.S. Supreme Court decision, that resulted in granting corporations the same constitutional rights as people have, has, in essence, made a mockery of campaign finance laws and election laws in general.   We have before us, then, greater challenges than ever before in the world of electoral politics.

One of the biggest issues at the forefront in Utah has been election fraud, an issue that many states have faced.  Voters have found in recent years that their votes haven’t counted or they weren’t even able to vote, or that the electronic voting machines were flawed.  Greens, such as David Cobb, 2004 Green Party Presidential Candidate, have been at the forefront of demanding vote recounts in elections where fraud was suspected.  "Either every vote is sacred, or democracy is a sham."~ David Cobb, December 2009

Many readers may remember the Utah election news of 2006 that made national headlines, news that cost one brave Utah Elections Clerk his job.  This video clip says it all:

Election Integrity is the focus of  Utah: Count Votes!, which has a number of documents posted at its site on election laws in Utah.  Created by renowned Mathematician Kathy Dopp (Green who ran for Summit County Elections Clerk in 2006), the site is filled with accounts, facts and evidence of election fraud in Utah’s elections history:

Utah must adopt the same measures that California has adopted if Utah wants fair and accurate election outcomes. California source code reviews and red team penetration tests found that "the Diebold software contains vulnerabilities that could allow an attacker to install malicious software on voting machines and on its central election management systems, which could cause votes to be recorded incorrectly or to be miscounted" and that "some threats would be difficult, if not impossible, to remedy with election procedures". The Diebold Source Code Review Team found that "both the electronic and paper records of the Diebold TSx direct recording electronic voting machine contain enough information to compromise the secrecy of the ballot". Diebold voting system violates the Utah constitution which requires a secret ballot.

(NOTE:  Kathy Dopp is now in New York pursuing a PhD in political science and has a blog entitled "Election Mathematics").

This year’s lawmakers in Utah will be considering H.B. 95 Certification of Voting Equipment Modifications, which
requires voting equipment to be certified by the United States Election Assistance Commission

The EAC is an independent entity, established by the Help America Vote Act to help ensure election integrity in the United States.  More bills before the Utah Legislature are listed towards the end of this post.

Election integrity issues are not unique to national and state elections in Utah.  The ACLU of Utah reported election irregularities in the Ogden Municpal election of 2007.

The report concludes that while the letter of the law may not have been fully abridged, the spirit of the election was certainly violated by inappropriate actions, including unnecessary voter challenges and poll worker error. The report also details that 146 voters were challenged, 1646 provisional ballots were cast, and of those 478 were rejected. 180 of the 478 rejected votes were not counted because the voter was not registered, but the remaining 298 were discounted due to technical or other error.
As a result of this investigation, the ACLU made these recommendations:
legislative reform, enhanced election oversight and standardized, higher quality training for election officials. The organization also encourages civic groups to participate in the process in order to assure transparency and voter confidence.

The ACLU of Utah continues its efforts to educate constituents on a variety of issues, one being Election Day Registration, eliminating the need for provisional ballots (interestingly, see comment below list of bills before Utah’s lawmakers this year about Utah’s "abandoned bills").

The Governor’s Commission on Strengthening Utah’s Democracy published a series of recommendations in the areas of campaign finance, voting accessibility, and enforcement presented to the Governor in November 2009:


Local public radio station, KCPW, aired a segment on Election Reform in Utah, which can be heard here

2010 could be the year for campaign finance reform in Utah.  The Governor’s Commission on Strengthening Utah’s Democracy has approved several recommendations that are being turned into bills at the state legislature, including campaign contribution limits and a commission to enforce election laws.  We talk with Commission Chairman Kirk Jowers and State Representative Craig Frank.

There are a number of other bills being addressed on elections and campaigns in Utah, some listed below (click on the link to read the bill).

On Voting:
HB0079Valid Voter Identification Amendments
HB0161Voter Registration Amendments
HB0044Referendum Ballot Proposition Amendments
HB0244Provisional Ballot Amendments for Unregistered Voters
HB0245Voter Challenge Amendments
HB0254Voter Identification Amendments
HB0258Voting Precinct Boundaries
HB0358Voting by Mail
SB0053Voter Challenge Revisions

On Elections:
HB0368Election Day Voting Centers
SB0018Election Modifications
SB0119Special Elections Modifications
SB0195Elections, Lobbying, and Campaign Finance Enforcement Commission

On Campaign Finance:

HB0056Amended Campaign Financial Statements
HB0059Campaign Finance Revisions
HB0124 and HB0124S01Campaign Funds Expenditure Restrictions
HB0160Campaign Finance Provisions

It is interesting to note at the bottom of the page on Elections bills, these two bills that were "abandoned" (and therefore have no link to their texts):  "Oversight of Local Elections" and "Same Day Voter Registration"

Utah has interesting and challenging issues before its Legislators at this time.  Democracy is eminently at stake.  It is important that citizens closely monitor election bills, contact /visit their representatives to register their desires on issues, write letters to the editors of their local newspapers, visit the capitol during the legislative session, and attend any opportunities afforded to citizens to learn more about the legislative process.

(cross-posted to Utah Legislature Watch, Green Party Watch, and Green Change)





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Voting problems

by Kevin Zeese:


This will be the last news summary before Election Day and it is one that will make you uncomfortable.

The last few days of voting news, see below, have some real pre-election scares in them. Perhaps most frightening is a letter published by the U.S. Election Asstance Commission from a Michigan election official describing how an ES&S optical scan machine got inconsistent votes in logic and accuracy testing. The October 24th letter, published today, raises serious doubts about the machines. The Michigan official wrote:

"While problems with the performance and design of the M-100s have been documented, this is the first time I have ever questioned the integrity of these machines. The issue is this – four of our communities or eight percent – reported inconsistent vote totals during their logic and accuracy testing with the ES&S machines. The same ballots, run through the same machines, yielded different results each time."

Kim Zetter from Wired notes "ES&S tabulators were responsible for counting 50 percent of the votes in the last four major U.S. elections, according to the company. Some 30,000 of them are now deployed in 43 states."

The problem is the machines get dirty during use (like on busy election days!) and cannot be cleaned as maintenance voids the warranty. ES&S is the same company that makes touchscreen machines that have reportedly flipped votes in five states. Combining the ES&S problems with Diebold’s (aka Premier) admission that their machines can lose the votes of entire precincts and it is difficult to be confident about the vote count.

Other news shows the beat goes on — long lines in multiple states, officials and judges refusing to extend the voting day to make up for it, purging of voters continued in Colorado after a judge ordered it stopped and leaves Colorado voters confused., a variety of people put forward various ways in which the election could still be stolen. Even Oprah Winfrey found her voting machine failing to count her presidential choice! But, election integrity activists are also doing what they can. Black Box voting puts out several videos on what you can do to protect the vote and numerous obervers, poll watchers and election hot lines will be in force tomorrow, along with army’s of lawyers inside and outside the campaigns. If you want to get a visual of how arrogant election officials can be, watch the video associated with the last story from Philadelphia.

It is hard to imagine how Election Day can go smoothly. Why would it be anything but a concentrated repeat of early voting — long lines, registration challenges, voter suppression, machine problems and litigation. Is this any way to run an election? Is this really the greatest democracy on Earth!?

If you haven’t taken action on our last two alerts (1) urging the networks and AP to keep the exit poll results before they are reconfigured to match the voting results (something that could be the most effective audit of the election we have); and (2) seeking the intervention of international observers for any post-election battles — there is still time to do so. See http://truevote.us/action.php.


Preserving the Integrity of Democracy – Cynthia McKinney

Cynthia McKinney has taken the Standing for Voters Pledge and has also pledged to use her campaign to preserve the integrity of democracy:

Cynthia McKinney on “Stolen Elections”