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VVPAT under attack in Mitchell/Madden bill - call Friday



Yesterday I was in an informal meeting about the Mitchell/Madden bill
(SB05-079).  It was convened by Jenny Flanagan (Common Cause) with
Drew Durham (SoS's office), Carol Snyder, (Adams County Clerk), Scott
LaBarre, Denver Chapter of the National Federation of the Blind, Faith
Gross, Voting Rights Program Coordinator of the Legal Center for
People with Disabilities and Older People, Rachael Kaygi from Senator
Gordon's office, some other folks, and Senator Shawn Mitchell (briefly
at the end).

We didn't even get much of a chance to talk about most parts of the
bill.  From early on, Scott introduced a new twist on voter verifiable
paper audit trails (VVPATs).  He said he didn't feel a strong need for
a VVPAT, but that if a VVPAT was required, that the audit capability
must be fully accessible, just like the ability to vote privately and
independently.

This caused most folks in the room to start saying that the technology
just isn't there yet for VVPATs, despite the fact that HAVA doesn't
require that functionality, that California and others are going ahead
with the requirement and has a legal opinion that it is ok, etc.

Senator Mitchell came in at the end and asked if there would be an
objection to VVPATs that were verifiable by the vast majority of
voters.  After he heard from the others, I again tried to clarify that
everyone benefits if even a small fraction of voters actually verify
their ballots, and that verified paper trail is manually audited, as
Mitchell's legislation et al. require.  I also said that I feel
"blind" and frustrated when confronted with a DRE that doesn't have a
VVPAT, since I can't verify my "ballot" as it goes into the memory
chips.  We have to get a groundswell of people to send that sort of
message to him.

In addition Drew Durham was continuing his claims that Colorado
shouldn't certify equipment like the ES&S Automark Voter Assist
Terminal, since they would get sued by people who say it isn't
accessible:

 The Automark, a new voting system, is not accessible for those
 disabled Buckeyes who cannot handle paper.  The Automark is a
 touchscreen that marks an optical scan ballot.  It then ejects the
 marked ballot. The voter must carry the marked ballot and insert it
 into the in-precinct tabulator. Individuals who cannot handle paper
 (or who cannot, because of their disability, independently manipulate
 paper) must rely on a non-disabled person (who will be able to see
 the ballot) insert the marked ballot into the in-precinct tabulator.
 On prototype models of the Automark, for instance, a voter who uses a
 mouth stick will be able to use the touchscreen but will not be able
 to handle the paper when it's ejected.
 -- Jim Dickson

Another interesting point of confusion - apparently HAVA talks of
using the paper record for a recount, but allows them to just look at
the totals printed on the paper rolls, rather than requiring a manual
count of each ballot.  Trusting the totals on paper is of course just
as faulty as trusting the totals in the electronic ballot.


It is clear to me that we have to be very levelheaded and careful to
call for at least a basic VVPAT and manual count audit capability.  I
don't know enough about the Automark issue.  But so far, the language
in the Holt bill (HR 550) before congress seems to me to be the most
carefully thought out, most likely to pass, legislation:

 http://www.govtrack.us/congress/bill.xpd?bill=h109-550

(govtrack.us is GREAT!)

And we need to get Udall to sign up for that, as he did for Holt's
last
bill. He's at these numbers: Washington: (202) 225-2161,
CO: (303) 650-7820

It seems that the "rewrite" version of Mitchell's bill (SB079_L.001)
is not yet available online (i.e. http://www.leg.state.co.us/) over a
week after it was handed out to many at the capitol.  That's because
it wasn't actually heard by the committee, whose schedule was too
full.  The one online is numbered 079_01.pdf, and line 7 starts with
(23.8) "Permanent..."  The rewrite has this text on line 7: (50.7)
"Voter ..."  Again very confusing, since both versions have a "1" in
them....

I've put up a wiki page on Manual Count Audits at the CVV wiki:

 http://www.coloradovoter.net/moin.cgi/ManualCountAudit

Please look at it and add your own input.  We especially need
examples of audits from other states so we can respond to some
of the claims of opponents here in Colorado.

At any rate, most important is to give Sen Mitchell support for
VVPATs and manual count audits.  He's at 303-866-4876,
shawn.mitchell.senate@xxxxxxxxxxx

He asked Jenny to summarize input sent in by tomorrow (Friday),
so time is of the essence.

Cheers,

Neal McBurnett                 http://bcn.boulder.co.us/~neal/
Signed and/or sealed mail encouraged.  GPG/PGP Keyid: 2C9EBA60

I'll leave these numbers here for the record....

>    The Senators on the Senate Local Government Committee are:
>    1.       Deanna Hanna, Chair.         303-866-4857         (
>    deanna.hanna.senate@xxxxxxxxxxx )
>    2.       Peter Groff, Vice-Chair.       303-866-4864         (
>    peter.groff.senate@xxxxxxxxxxx)
>    3.       Bob Bacon                         303-866-4841         (
>    bob.bacon.senate@xxxxxxxxxxx )
>    4.       Lewis Entz                         303-866-4871         (
>    lewis.entz.senate@xxxxxxxxxxx )
>    5.       Ed Jones                           303-866-6364         (
>    ed.jones.senate@xxxxxxxxxxx )
>    6.       Ken Kester                        303-866-4877         (
>    ken.kester.senate@xxxxxxxxxxx )
>    7.       Lois Tochtrop                     303-866-4863         (
>    lois.tochtrop.senate@xxxxxxxxxxx )

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