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| Let's draft an alternative to HR 811 ... |
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| Author |
Message |
    
Alan Brau
Frequent Voting Rights Forum Participant
Username: Alan_brau
Post Number: 132
Registered: 01-2006
Best of Black Box? 
Votes: 1 (A keeper?) | | Posted on Wednesday, June 20, 2007 - 8:22 pm: | 
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Below is Nancy Tobi's antidote to the "secret vote-counting flu" that is spreading through Congress. I would encourage all BBV forum participants who are interested in election integrity to help us to accomplish the following:
1. Stop the insanity.
HR 811 and S 1487 may cause more harm than good. To say that these two bills are the best that we can get is absurd and identifies you as a defeatist. Says Nancy, "We must kill this unworkable and dangerous bill. And there are two better alternatives just waiting for a sponsor, both fully implementable and meaningful for 2008". We have 16 months until the 2008 election. Let's take a deep breath and get to work on a better solution.
2. Focus primarily on what we need to do for 2008.
Election reform is an ongoing process. We must give voters the best chance that their votes will be counted accurately and transparently in 2008.
3. Let's not fear Hand-Counted Paper Ballots.
HCPB's can be produced on short notice and require no technology. The great state of New Hampshire is proud of the accuracy and transparency of their HCPB voting system. I applaud them as a model for the rest of us.
4. Ban touchscreen DRE's.
Require the federal government to buy them back, since it was they who forced them on us, through a misrepresentation of the spirit behind HAVA.
NANCY'S FULLY WORKABLE AND DO-ABLE STRATEGY:
Contact at least 20 Dems and get them to vote against the HR 811: to oppose.
Election Experts On Call. When you call your representative, if you have the capability for making a conference call, ask your representative, or his or her legislative director, for a conference call with two election experts who will join the discussion.
When you have consent from your representative, contact Nancy Tobi directly to set up the contact with the elections experts. [Nancy, would you provide your contact info?]
Then, ask your representative to sponsor one of two alternative proposals that can WORK for 2008, as defined below.
OPTION 1) Single provision bill:
Federal BUYOUT for all DRE systems with the funding to go to paper ballot systems (not paper records) using opscans OR hand counts. Effective date: IMMEDIATELY - [every] state must opt in now for mandatory use in 2008 general election.
OPTION 2) 5-Point Alternative Proposal for Meaningful Election Legislation with Checks and Balances
Plus Incentives for Real Paper Ballots and Hand Counts:
1. In support of the principle of checks and balances and citizen oversight:
Require that paper ballots be offered and provided to voters at the polls--
The appropriate election official at each polling place in an election for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a pre-printed paper ballot which the individual may mark by hand and which is not produced by a direct recording electronic voting machine. If the individual accepts the offer to cast the vote using a paper ballot, the official shall provide the voter with the ballot and the supplies necessary to mark the ballot [pen, not pencil], and shall ensure, [to the greatest extent practicable], that the waiting period for the individual to cast a vote is not greater than the waiting period for an individual [who does not wish to cast his or her vote using a paper ballot as defined in this legislation].
Jurisdictions will ensure that a sufficient supply of paper ballots are available to voters who request them, that notice of the option of voting by paper ballot is provided, that the paper ballots are treated with equal [security and respect provided to other all other types of ballots], including canvassing and counting those ballots on election day, and that [criminal prosecution is provided for any violations of this federal election law]. In the event of violations related to the provision, canvassing, and handling of paper ballots, any citizen eligible to vote in the jurisdiction will have standing to appear immediately before [a judge or magistrate] to [compel] compliance with the law. [The judge or magistrate] has authority for the court to grant immediate relief.
Funding for training and documentation for election officials and election workers in proper hand counting methods and election administration using paper ballots will be appropriated to support this provision. Prior to election certification, appropriate protocols must be implemented to ensure the integrity of election results as authenticated by transparent vote counting methods.
Compliance is to be determined by each state in a state plan process that supports the standards for democratic elections, those being citizen oversight and security. [The oversight process will be publicized and will include diverse stakeholders groups], including citizen representation. [There will be publicized and published plans, as well as] consequences for noncompliance. State Plans will be published in the Federal Register.
Effective Date State Plan: February, 2008
Effective Date Implementation: General Election November 2008
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2. In support of the principle of fiscal responsibility and stabilization of state governmental administration, checks and balances and citizen oversight:
BUYOUT funding for states wishing to replace DRE systems with paper-based voting systems.
(Monetary compensation from federal BUYOUT funding will be applied to paper ballot with optical scan voting systems, paper ballot with hand count systems, or a combination thereof. In the case of buyout funding as applied to hand count systems, training costs may be included.
Compliance is to be determined by each state in a state plan process that supports the standards for democratic elections: those being citizen oversight and security. [The oversight process includes the participation of] diverse stakeholders groups, including citizen representation, published plans, and consequences for noncompliance.
State Plans will be published in the Federal Register.
Effective Date: February, 2008
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3. In support of the principle of checks and balances:
Dissolution of EAC and reallocation of its functional responsibilities to appropriate representational groups (as described below)
Effective Date: January 2008
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4. In support of the principle of fiscal responsibility and stabilization of state governmental administration:
Prohibition on any additional unfunded mandates being added into the bill
Effective Date: Upon passage
5. In support of the ninth amendment that no single right can [supervene] other rights:
Appropriations [will be made for meaningful statistical and scientific] study, with all affected stakeholders, including citizen representation and a broad range of disability activists, election officials, and [others who will assist in finding solutions], to find consensus [in identifying practicable] solutions to [maintain] the [sometimes] conflicting voting rights of citizen oversight, security, accuracy, and accessibility.
Effective Date: Upon passage
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Reallocation of EAC Responsibilities:
To generate technical guidance on the administration of federal elections.
* HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
To produce voluntary voting systems guidelines.
* HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
To research and report on matters that affect the administration of federal elections.
* HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
To otherwise provide information and guidance with respect to laws, procedures, and technologies affecting the administration of Federal elections.
* HAND OVER TO STANDARDS BOARD & CITIZENS GROUP
To administer payments to States to meet HAVA requirements.
* HAND OVER TO GENERAL SERVICES ADMINISTRATION
To provide grants for election technology development and for pilot programs to test election technology.
* ELIMINATE THIS FUNCTION.
To manage funds targeted to certain programs designed to encourage youth participation in elections.
* HAND OVER TO DEPT. OF EDUCATION
To develop a national program for the testing,certification, and decertification of voting systems.
* HAND OVER TO NIST & STANDARDS BOARD WITH CITIZEN REPRESENTATION
To maintain the national mail voter registration form that was developed in accordance with the National Voter Registration Act of 1993 (NVRA), report to Congress every two years on the impact of the NVRA on the administration of federal elections, and provide information to States on their responsibilities under that law.
* HAND BACK TO FEC
To audit persons who received federal funds authorized by HAVA from the General Services Administration or the Election Assistance Commission.
* HAND OVER TO GSA, USING INSPECTOR GENERAL
To submit an annual report to Congress describing EAC activities for the previous fiscal year.
* HAND OVER AS APPROPRIATE TO ENTITIES PICKING UP FUNCTIONS AS DESCRIBED ABOVE
For certification, recertification and decertification of voting machines
* DELEGATE TO THE STATES |
Alan Brau
Frequent Voting Rights Forum Participant
Username: Alan_brau
Post Number: 133
Registered: 01-2006
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Wednesday, June 20, 2007 - 9:36 pm: |
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5. In support of the ninth amendment that no single right can [supervene] other rights:
Change supervene to "supersede" or "annul" |
Ken F
Voting Rights Forum Participant
Username: Ken
Post Number: 4
Registered: 01-2007
Best of Black Box?
Votes: 1 (A keeper?) | | Posted on Thursday, June 21, 2007 - 5:41 am: |
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It's a great idea for us to create a legislative alternative to existing legislation coming out of Congress. I can already see that a forum such as this, while helpful now, will after time become unwieldy for the advancement of the project. I would recommend that BBV set up a public wiki for this purpose. The most obvious example of a wiki and its usefulness is of course www.wikipedia.org, a.k.a. simply Wikipedia. The wiki software is free and open, so it would require only the time of a reasonably talented systems administrator to install and configure. Trusted people would be needed over the long term to oversee the version additions and amendments. But the wiki would leverage good web technology to guide us toward a finished product and with adequate functions for discussion along the way. More information on wiki software can be found at (where else?) http://en.wikipedia.org/wiki/Wiki. |
Alan Brau
Frequent Voting Rights Forum Participant
Username: Alan_brau
Post Number: 134
Registered: 01-2006
Best of Black Box?
Votes: 2 (A keeper?) | | Posted on Thursday, June 21, 2007 - 7:49 am: |
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Good idea, Ken.
I have published the draft as a google document at the following address:
http://docs.google.com/Doc?id=df2cdg2s_18gxd94w
Anyone who would like to collaborate can send an e-mail to alanbrau@gmail.com and I will add your e-mail address to the list of participants. |
Bruce Sims
Frequent Voting Rights Forum Participant
Username: Ubetchaiam
Post Number: 970
Registered: 06-2005
Best of Black Box?
Votes: 1 (A keeper?) | | Posted on Thursday, June 21, 2007 - 9:00 am: |
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While I'm very supportive of this effort, let me suggest that we need to stop the train that has already left the station before we can get on-board another one.
To that end:
This:
http://www.votersunite.org/info/S1487Deconstruction.asp
Does a great job of explaining the problems with Feinstein's -and others- bill s1487, titled "The Ballot Integrity Act of 2007".
Please note the cosponsors:
"Washington, DC – Senators Dianne Feinstein (D-CA) and Christopher Dodd (D-CT) have introduced legislation to help ensure the accuracy of vote counts in federal elections and institute important new reforms in the administration of elections. Other cosponsors include Senators Hillary Rodham Clinton (D-NY), Barack Obama (D-IL), Patrick J. Leahy (D-VT), Edward M. Kennedy (D-MA), Daniel K. Inouye (D-HI), Robert Menendez (D-NJ), Sherrod Brown (D-OH), and Bernard Sanders (I-VT)."
Please write/fax/email Feinstein asking her to pull her bill or completely rewrite it to address the problems with it. And send this on to those you know in the States mentioned so they can write/fax/email their Senators regarding this usurpation of citizen's rights. |
Nancy Tobi
Frequent Voting Rights Forum Participant
Username: Ntobi
Post Number: 111
Registered: 01-2006
Best of Black Box?
Votes: 1 (A keeper?) | | Posted on Thursday, June 21, 2007 - 10:09 am: |
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Alan,
Thank you for picking this ball and running with it!!! People who arrange conference calls with their representatives may contact me at:
nancy.tobi@gmail.com or call me at 603.315.4500
This is a very empowering strategy and I encourage everyone to try it. As a constituent, you have the right to ask for a conference call with the rep or their legislative director.
Once you set it up, contact me and we will talk about who the experts are, what our strategy will be for the call. |
Bev Harris
Board Administrator
Username: Admin
Post Number: 6343
Registered: 12-2004
Best of Black Box?
Votes: 1 (A keeper?) | | Posted on Thursday, June 21, 2007 - 9:04 pm: |
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Bruce - be aware that the Feinstein Bill is likely a rabbit for the Holt Bill. The clue for that is the Pro-Holt Bill talking point "If you don't support Holt you'll get the Feinstein heresy"
Both bills are heresy to a democratic republic, and I think there's a good chance that the absurd and ridiculous undemocratic positions in Feinstein will be "battled" away by the Holt supporters, who will then "win" by getting the Holt provisions.
In a race they call this the rabbit. It's designed to lose (or in the case of Feinstein's bill, have the awfullest of the provisions removed), and it gets the whole field running after the rabbit instead of the guy the rabbit is helping to win. |
Bruce Sims
Frequent Voting Rights Forum Participant
Username: Ubetchaiam
Post Number: 972
Registered: 06-2005
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Friday, June 22, 2007 - 9:25 am: |
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Thanks Bev, how do you know which is the rabbit? I'm going to call Bernie Sanders and try to get him to tell me why he would co-sponsor such a bill; seems really out of character for him. |
Frank Bartlo
Voting Rights Forum Participant
Username: Frankbartlo
Post Number: 4
Registered: 11-2006
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Tuesday, July 10, 2007 - 5:49 am: |
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Presenting a good alternative will help stop the train, so we need to do both. Your guidelines look very good to me, Nancy.
I'm extremely busy these days (busy season of a very seasonal business), and can be reached at 313-320-6514 in case it slips my mind to call during proper hours (I'm in eastern time). Can also be reached via email at b387@sbcglobal.net |
Nancy Tobi
Frequent Voting Rights Forum Participant
Username: Ntobi
Post Number: 118
Registered: 01-2006
Best of Black Box?
Votes: 1 (A keeper?) | | Posted on Tuesday, July 10, 2007 - 7:30 am: |
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Thank you Frank. Visualize success. Many good people are working hard to come up with a viable and workable alternative to HR 811. We need prayers for success to pull this along because there are many seemingly insurmountable obstacles.
Visualize success. Let's win one for the good guys. |
Ann Jacobs
Voting Rights Forum Participant
Username: Mother
Post Number: 1
Registered: 07-2007
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Thursday, July 12, 2007 - 11:07 am: |
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Help me out. At votersunite it says to sign up FOR the HR 811 - I am more than leary - so I read the HR 811 - find out it's got a BIG hidden agenda - YES, WE CERTAINLY NEED A REALLY LOGICAL BILL. To WAIT on stopping this train IS UNWISE!!! Why aren't the people who have good common sense in governmental office??? What we have in office is a lot of wolves in sheep clothing! Our country is too GOOD for this decitfulness. Let's give the country BACK TO THE PEOPLE!!! |
Ken F
Voting Rights Forum Participant
Username: Ken
Post Number: 6
Registered: 01-2007
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Thursday, July 12, 2007 - 12:46 pm: |
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Kudos to you, Ann, for showing such civic diligence. More of the electorate should be doing what you did.
And I agree with you and others that we need to write up a bill ourselves. This issue is too important and our Representatives just don't seem capable of writing sensible legislation for us on this crucial subject.
I've suggested this before and I'll suggest it again: BBV should set up a wiki (like Wikipedia) where concerned people can share in the writing of adequate legislation. Forums like this one are fine for batting ideas back and forth, but for a large group of people to put together a cogent document, this forum just won't do. A wiki would allow us to get some actual work done.
Can anyone pass this up to Bev or somebody? |
Bev Harris
Board Administrator
Username: Admin
Post Number: 6467
Registered: 12-2004
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Thursday, July 12, 2007 - 3:38 pm: |
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Black Box Voting is set up as a public education organization, not a lobbying organization, so it would not be within our charter to sponsor a site to write a bill.
That doesn't mean that work isn't taking place on a bill, just that our role has to be only in the area of offering perspective.
As for setting up a wiki, if you want to know who the webmaster is here, it's me, and I don't know how to set up a wiki. We learned the HARD way not to allow volunteers to help us with web site stuff. It's a classic tactic of political folks to have their people volunteer to "help" other political organizations with webmaster stuff. What follows is not pretty. That means we have to do it ourselves or contract it out. Contracting it out is not a great way to go either, because then you can't control timelines and you are at the mercy of your contractor if glitches occur. So unless you can point me at wiki software that is extremely easy to install and use, that's not gonna happen right now.
Ken, in order to continue posting, we need you to use your real first and last name. Go to "edit profile" to the left and edit in a last name. Thanks! |
Ken F
Voting Rights Forum Participant
Username: Ken
Post Number: 7
Registered: 01-2007
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Thursday, July 12, 2007 - 9:21 pm: |
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Okay, I understand the charter thing... different kinds of corporations, regs, etc. And there's not much sense in writing up legislation if it can't be promoted. I guess that means a different organization and site.
I'm impressed that you're the webmaster-- especially with all the other things you do. It's impressive too that you're discriminating about who you let touch your system and understand working with contractors. I hate explaining these things to organizations, only to get a look from them like I'm some kind of nut job. Frankly, I felt bad suggesting a wiki, knowing that I don't have time to do it myself and so would be dumping a job on someone else. There'd be administrative work involved in maintaining the wiki too... another consideration.
If you're still-- or later-- interested in setting up a wiki, we'd have to talk more. "Easy to set up" is a highly subjective evaluation and I have no idea how it would be for you... or the relative ease amongst the different wiki packages. Myself (being in IT for a long time) would evaluate them for their relative functionality, pick the one that suited the tasks needed *and* which was sufficiently stable for production use... and just install that one. The one that's easiest to install won't necessarily be the one easiest to maintain (which can absorb a lot more time than the install) or the most suitable for your purposes. It would be best to get recommendations from people you trust, both personally and technically. A bad recommendation can lead to difficulty also. Finally, it would probably be best to install the wiki-- if you decide to do it-- on a separate machine from the one hosting this forum and the rest of your website. It's more secure and easier to isolate problems when/if they arise. |
Alan Brau
Frequent Voting Rights Forum Participant
Username: Alan_brau
Post Number: 143
Registered: 01-2006
Best of Black Box? N/A
Votes: 0 (A keeper?) | | Posted on Thursday, July 12, 2007 - 10:40 pm: |
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Ken,
Although it's not a wiki, I have a draft posted on google (see above), which is accessible to all and amounts to the same thing as a wiki. Feel free to send me your email address so that I can give you access to participate in the editing process. |
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