Post-Election Audits: Restoring Trust in Elections

With the intention of assisting legislators, election officials and the public to make sense of recent literature on post-election audits and convert it into realistic audit practices, the Brennan Center and the Samuelson Law, Technology and Public Policy Clinic at Boalt Hall School of Law (University of California Berkeley) convened a blue ribbon panel (the "Audit Panel") of statisticians, voting experts, computer scientists and several of the nation's leading election officials. Following a review of the literature and extensive consultation with the Audit Panel, the Brennan Center and the Samuelson Clinic make several practical recommendations for improving post-election audits, regardless of the audit method that a jurisdiction ultimately decides to adopt

Voting Technology and the Quest for Trustworthy Elections

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12. The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure. The third part of this chapter, Litigation and Enforcement Strategies, focuses primarily on the curious omission of Federal enforcement of HAVA\u27s voting technology standards. This part also considers private party litigation that has sought to invalidate the use of allegedly defective voting machines. The final part of this chapter examines Federal Promotion of Problematic Internet Voting. The chapter concludes by advancing recommendations for preparing the legal system to realize voting rights despite the wide deployment of problematic voting technologies

Voting Technology and the Quest for Trustworthy Elections

This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12. The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure. The third part of this chapter, Litigation and Enforcement Strategies, focuses primarily on the curious omission of Federal enforcement of HAVA\u27s voting technology standards. This part also considers private party litigation that has sought to invalidate the use of allegedly defective voting machines. The final part of this chapter examines Federal Promotion of Problematic Internet Voting. The chapter concludes by advancing recommendations for preparing the legal system to realize voting rights despite the wide deployment of problematic voting technologies

Individual Liberties and Intellectual Property Protection—Proprietary Software in Digital Electronic Voting Machines: The Clash Between a Private Right and a Public Good in an Oligopolistic Market.

The convergence of intellectual property protections afforded software, the fundamental liberty interests of voting rights of Americans and the conduct of voting machine vendors within an oligopolistic marketplace signals grave consequences for the public. In an election, Direct Recording Electronic voting machines (“DREs”) could be subject to malfunctions, inaccuracies and security problems. The DRE vendors have consistently failed to improve the voting machines or allow access for independent auditing and security testing. The vendors have operated collectively to maintain current inefficient output quality. Acting in concert to obtain higher pricing, the vendors operate against their individual self-interests, claiming proprietary protections. The result of this oligopoly is serious—the voting process, a public good, is diminished. Ultimately the federal judiciary and Congress will face the task of balancing these interests within the context of an oligopolistic marketplace. At risk is an American liberty

Data for Democracy: Improving Elections Through Metrics and Measurement

Compiles essays on improving election data collection and reporting, management, and usage; how data improve elections; and other issues raised in a May 2008 conference; with policy recommendations. Includes a state-by-state assessment of data reporting

A REVIEW OF VOTING MACHINES IN SOUTH CAROLINA

The former President Pro Tempore of the South Carolina Senate requested a review of the voting machines used in South Carolina. He was concerned about the reliability of the machines and the lack of paper trail to confirm voting results. Our audit objectives were to: Evaluate the voting machines currently in use in South Carolina and identify issues or concerns with the current system. Determine if the training provided to election officials is adequate and appropriate. Determine alternatives to the current voting machines and identify issues or concerns with those systems

Case Study: Election Observation Dispatches From the Polls

Provides an overview of the diversification among poll observers, from political parties to researchers to journalists and bloggers, and what they may contribute to the voting process. Summarizes state rules on media and public access to polling places