84 research outputs found

    Judicial Protection of Popular Sovereignty: Redressing Voting Technology

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    Judicial Protection of Popular Sovereignty: Redressing Voting Technology

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    My analysis seeks to underscore the gravity of technologically threatened constitutional voting rights and values, implicating both individual rights to vote and the structural promise of popular sovereignty. Resolution of the dispute over the meaning of Fourteenth Amendment17 principles properly derived from Bush v. Gore18 will be pivotal to assuring meaningful voting rights in the information society. If the Court should hold the Fourteenth Amendment to embrace a deferential standard of review or arduous intent requirements, allowing state political branches to persist in choosing voting technologies based on scientifically unfounded premises that do not achieve classic components of voting rights, the American Republic’s future is seriously endangered.19 The argument proceeds in two parts. Part I traces illustrative empirical findings of the two comprehensive, definitive voting systems studies, offers evidence derived from actual election calamities that substantiates the experts’ findings, and translates these findings into concepts meaningful for voting rights and election law. Part II considers the judiciary’s failures thus far to understand the legal import of the scientific studies of voting systems when adjudicating the structural legal sufficiency of deployed voting systems20 and identifies questions on which scholarship is critically needed. Throughout, owing to space constraints, the argument is illustrative rather than comprehensive

    Voting and Registration Technology Issues: Lessons from 2008

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    This chapter reviews the 2008 field performance and the scientific assessments of both voting systems and the statewide voter-registration databases. The federal Help America Vote Act (HAVA) mandated each of these technologies. Despite definitive scientific studies that documented grave security deficiencies that can cause voting systems to produce inaccurate vote tallies and “winners” who actually had fewer votes, these systems continue to be deployed. The Chapter traces the regrettable decisions on election technologies to a poorly designed regulatory structure and staffing, which continue to underweight and misunderstand security issues in election technologies

    Comments on expanding civic participation in voting by expanded use of the Internet

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    Hoke\u27s comments to the FCC on expanding civic participation in voting by expanded use of the Internet. Hoke recommends that the FCC not become involved in election regulatory issues concerning the Internet, but will support a different federal regulatory agency with national security and technical-cybersecurity expertise receiving primary jurisdiction over election cybersecurity

    Resolving the Unexpected in Elections: Election Officials\u27 Options

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    This paper seeks to assist election officials and their lawyers in effectively handling the technical issues that can be difficult to understand and analyze, allowing them to protect themselves and the public interest from unfair accusations, inaccuracies in results, and conspiracy theories. The paper helps to empower officials to recognize which types of voting system events and indicators need a more structured analysis and what steps to take to set up the evaluations (or forensic assessments) using computer experts

    Voting Technology and the Quest for Trustworthy Elections

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    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

    Get PDF
    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

    2007 Scholars and Artists Bibliography

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    This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker

    2007 Scholars and Artists Bibliography

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    This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker

    Kean University\u27s 2011 Self Study Report February 17, 2011

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    Kean University\u27s 2011 Self Study Report February 17, 201
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