[Nfbmo] bill to eliminate electronic, private, ballots moves through MO l...

Wed Mar 26 05:49:57 UTC 2014

Brian,
    It sure looks that way, though the bill's language  is pretty confusing.

     For example, in one section, it declares that no  electronic voting 
system that does not leave a paper trail can be used in the  state of Missouri 
(paraphrased).

      I'll be working the April 8th election in  St. Louis County as 
Assistant Supervisor.   My experience has been  that some voters have some serious 
concerns over the use of electronic  voting systems - but the number of 
people who deliberately choose to  use a  paper ballot (which is always 
available in any Missouri election) was about  25%.  Some did it because they 
didn't like computer screens, some did it  because they didn't trust the 
electronic systems.

      The systems used in St. Louis County *do*  provide a paper trail, as 
well as an electronic record (stored on a flash  card).  The paper trail 
consists of paper rolls that record every vote  cast (no identifying marks of 
the voter are part of that record.   At  the end of the night, all paper 
rolls, memory cards (which have exactly the same  information as the paper 
rolls, and a tabulation (summary) of the votes   cast on that machine  which is 
also stored on the memory card, are  removed, initialed by each assistant 
supervisor and supervisor, both Republican  and Democrat.  They are placed in a 
secured bag, again countersigned, and  given to couriers for each district 
to take to the Board of Elections for the  county.

     However, this is a paper trail, not a paper  ballot.

     In the 2004 presidential election, the CEO of  DIBOL, a major producer 
of electronic voting machines, declared that as the  director of President 
Bush's re-election campaign in Ohio, he would do  everything he could to 
ensure Bush's election.   Shortly after that  statement, Princeton University 
successfully hacked DIBOL systems as a  demonstration of those particular 
machines lack of security.

       There has been a movement to  eliminate all electronic systems ever 
since, but it is gaining more support  these days.  Although the original 
impetus came from Democrats alarmed  at DIBOL's association with the 
Republican party, distrust of electronic  voting machines now is pretty much 
nonpartisan.

     This will be my 4th election - I've been  through training 4 times, 
I've taken apart the St. Louis County machines 4  times and put them back 
together 4 times.  I've read over the  manuals  for the systems and I'm as 
confident as possible that if there were to be  any vote tampering, it's not the 
fault of the machines.   Given that  the paper tapes are on a roll and hence 
can't be edited, and the memory chips  are write-protected, it would be 
very difficult to 'fake' or edit election  results from the systems.  And as a 
check on all those  elections,       Paper ballots are stored in  a vault 
after being read by a codesheet reader and tabulated.

       I think this bill is pandering to  misinformed people, rather than 
to a genuine understanding of how the  systems actually work.   But the 
suspicions of the bills authors  and the demand from the paper ballot 
fundamentalists indicate  that the rights of disabled voters is outweighed by the 
threat of vote  tampering
they fear.

     It does mean, if I understand this correctly, that  once the 
electronic (that is, accessible, systems) are taken out of service  once they are in 
need of repair, you will have to go back to having the  Republican an 
Demnocratic Assistant Supervisors reading the ballot and marking  it for  you.  
Technically, in St. Louis county, you cannot bring your  own people in to help 
you vote a paper ballot - it must be done by election  personnel.
   We need to get a clarification on what this bill means, and  get our 
input to the bills sponsors (and our legislators) right away.  This  is not a 
partisan issue - we need to get our voices out there! now!
Dan

In a message dated 3/25/2014 8:37:31 P.M. Central Daylight Time,  
b_wekamp at mediacombb.net writes:

Hello  Everyone:

Does this mean that we will no longer have the electronic  voting machines 
and  loose the ability to have our vote cast in  private.

Brian Wekamp

-----Original Message----- 
From:  Gary Wunder
Sent: Tuesday, March 25, 2014 8:04 PM
To: 'NFB of Missouri  Mailing List'
Subject: Re: [Nfbmo] bill to eliminate electronic,  private,ballots moves 
through MO legislature...

I wonder what the  markers for disabled voters mean and whether machines 
that
we now have that  do paper qualify?

-----Original Message-----
From: Nfbmo  [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of Shelia Wright
Sent: Tuesday,  March 25, 2014 6:43 PM
To: 'NFB of Missouri Mailing List'
Subject: Re:  [Nfbmo] bill to eliminate electronic, private, ballots moves
through MO  legislature...

Hello Dan and Others,

The bill is SB 623. I  believe it eliminates the use of any electronic 
voting
machines that do not  generate a paper trail, phases out other electronic
voting machines when  they need to be repaired, makes the paper ballot the
official ballot, and  requires the ballot to be marked directly whether by
hand or in the case of  disabled voters with the use of papermarking 
devices.

Here's what I  found on the website although there is always a disclaimer
that the  official bill is the paper copy (also not accessible except 
through
human  reader)..

SB623.pdf
SECOND REGULAR SESSION
SENATE COMMITTEE  SUBSTITUTE FOR
SENATE BILL NO. 623
97TH GENERAL ASSEMBLY
Reported  from the Committee on Financial and Governmental Organizations  
and
Elections, March 6, 2014, with recommendationthat the Senate  Committee
Substitute do pass.
TERRY L. SPIELER,  Secretary.
4376S.02C
AN ACT
To repeal sections 115.225 and 115.237,  RSMo, and to enact in lieu thereof
three new sections relating to  elections.
Be it enacted by the General Assembly of the State of Missouri,  as follows:

table with 2 columns and 21 rows
Section A. Sections  115.225 and 115.237, RSMo, are repealed and three
2
new sections enacted  in lieu thereof, to be known as sections 115.225,
115.237,
3
and  115.506, to read as follows:

115.225. 1. Before use by election  authorities in this state, the secretary

2
of state shall approve  the marking devices and the automatic tabulating
3
equipment used in  electronic voting systems and may promulgate rules and
4
regulations to  implement the intent of sections 115.225 to 115.235.
5
2. No electronic  voting system shall be approved unless it:
6
(1) Permits voting in  absolute secrecy;
7
(2) Permits each voter to vote for as many  candidates for each office as a
8
voter is lawfully entitled to vote  for;
9
(3) Permits each voter to vote for or against as many questions  as a voter
10
is lawfully entitled to vote on, and no more;
11
(4)  Provides facilities for each voter to cast as many write-in votes  for
12
each office as a voter is lawfully entitled to cast;
13
(5)  Permits each voter in a primary election to vote for the candidates  of
14
only one party announced by the voter in advance;
15
(6)  Permits each voter at a presidential election to vote by use of a  
single

16
punch or mark for the candidates of one party or group of  petitioners for
17
president, vice president and their presidential  electors;
18
(7) Accurately counts all proper votes cast for each  candidate and for and
table end

EXPLANATION--Matter enclosed in  bold-faced brackets [thus] in this bill is
not enacted and is intended to  be omitted in the law.
SCSSB623 2

table with 2 columns and 36  rows
19
against each question;
20
(8) Is set to reject all votes,  except write-in votes, for any office and 
on
any
21
question when the  number of votes exceeds the number a voter is lawfully
22
entitled to  cast;
23
(9) Produces the election results from paper ballots that  voters
24
have marked by hand or, in the case of disabled voters who  need
25
assistance, from paper ballots that have been marked by paper  ballot
26
marking devices designed to assist disabled  voters;
27
(10) Permits each voter, while voting, to clearly see the  ballot label;
28
[(10)] (11) Has been tested and is certified by an  independent authority
29
that meets the voting system standards  developed by the Federal Election
30
Commission or its successor agency.  The provisions of this subdivision 
shall
not
31
be required for any  system purchased prior to August 28, 2002.
32
3. If any election  authority uses any direct-record electronic
33
touch-screen,  vote-counting machine to accommodate disabled voters,
34
the election  authority may continue to use such machine solely for
35
disabled voters  who desire to use it. Upon the removal of such voting
36
machine from  the election authority's inventory because of mechanical
37
malfunction,  wear and tear, or any other reason, the machine shall not
38
be replaced  and no additional direct-record electronic voting machine
39
shall be  added to the election authority's inventory. Replacement of
40
equipment  for use by disabled voters shall be with paper ballot
41
marking devices  designed to assist the disabled.
42
4. The secretary of state shall  promulgate rules and regulations to allow
43
the use of a computerized  voting system. The procedures shall provide for
the use
44
of a  computerized voting system with the ability to provide a paper  audit
45
trail. Notwithstanding any provisions of this chapter to the  contrary, such
a
46
system may allow for the storage of processed  ballot materials in an
electronic
47
form.
48
[4.] 5. Any rule  or portion of a rule, as that term is defined in section
49
536.010,  that is created under the authority delegated in this section  
shall

50
become effective only if it complies with and is subject to  all of the
provisions of
51
chapter 536 and, if applicable, section  536.028. This section and chapter
536 are
52
nonseverable and if any  of the powers vested with the general assembly
pursuant
53
to chapter  536 to review, to delay the effective date or to disapprove  and
annul
54
a rule are subsequently held unconstitutional, then the  grant of rulemaking
table end

SCSSB623 3

table with 2 columns  and 36 rows
55
authority and any rule proposed or adopted after August  28, 2002, shall be
56
invalid and void.

115.237. 1. The official  ballot shall be a paper ballot that is hand
2
marked by the voter, or in  the case of disabled voters who need
3
assistance, by a paper  ballot-marking device designed to assist the
4
disabled, except as  provided in subsection 3 of section 115.225.
5
2. Each ballot printed or  designed for use with an electronic voting system

6
for any election  pursuant to this chapter shall contain all questions and
the
7
names  of all offices and candidates certified or filed pursuant to this
chapter  and
8
no other. As far as practicable, all questions and the names of  all offices
and
9
candidates for which each voter is entitled to vote  shall be printed on one
page
10
except for the ballot for political  party committee persons in polling
places not
11
utilizing an  electronic voting system which may be printed separately and  
in

12
conformity with the requirements contained in this section. As  far as
practicable,
13
ballots containing only questions and the  names of nonpartisan offices and
14
candidates shall be printed in  accordance with the provisions of this
section,
15
except that the  ballot information may be listed in vertical or horizontal
16
rows. The  names of candidates for each office shall be listed in the  order
in
17
which they are filed.
18
[2.] 3. Except as provided  in subsection [5] 6 of this section, each ballot

19
shall  have:
20
(1) Each party name printed in capital letters not less than  eighteen point

21
in size;
22
(2) The name of each office  printed in capital letters not less than eight
23
point in  size;
24
(3) The name of each candidate printed in capital letters not  less than ten

25
point in size;
26
(4) A small square, the  sides of which shall not be less than one-fourth
27
inch in length,  printed directly to the left of each candidate's name and  
on
the
28
same line as the candidate's name. When write-in votes are  authorized and 
no

29
candidate's name is to be printed under the  name of an office in a party or

30
nonpartisan column, under the  name of the office in the column shall be
printed
31
a square.  Directly to the right of the square shall be printed a horizontal
line  on
32
which the voter may vote for a person whose name does not appear  on the
33
ballot. When more than one position is to be filled for an  office, and the
number
34
of candidates' names under the office in a  column is less than the number 
of

table end

SCSSB623  4

table with 2 columns and 23 rows
35
positions to be filled, the  number of squares and write-in lines printed in
the
36
column shall  equal the difference between the number of candidates'  names
and
37
the number of positions to be filled;
38
(5) The  list of candidates of each party and all nonpartisan  candidates
39
placed in separate columns with a heavy vertical line  between each list;
40
(6) A horizontal line extending across the ballot  three-eighths of an inch
41
below the last name or write-in line under  each office in such a manner 
that
the
42
names of all candidates and  all write-in lines for the same office appear
between
43
the same  horizontal lines. If write-in votes are not authorized, the
horizontal  line
44
shall extend across the ballot three-eighths of an inch below  the name of
the last
45
candidate under each office;
46
(7) In  a separate column or beneath a heavy horizontal line under all
47
names  and write-in lines, all questions;
48
(8) At least three-eighths of an  inch below all other matter on the ballot,

49
printed in ten-point  Gothic type, the words "Instructions to Voters"
followed  by
50
directions to the voter on marking the ballot as provided in  section
115.439;
51
(9) Printed at the top on the face of the ballot  the words "Official 
Ballot"

52
followed by the date of the election  and the statement "Instruction to
Voters:
53
Place an X in the square  opposite the name of the person for whom you  wish
to
54
vote.".
55
[3.] 4. As nearly as practicable, each  ballot shall be in substantially the

56
following  form:
57
OFFICIAL BALLOT DATE ........................
table  end

table  with 4 columns and 11 rows
REPUBLICAN
DEMOCRATIC
THIRD  PARTY
INDEPENDENT
For President
For President
For President
For  President
and
and
and
and
Vice President
Vice  President
Vice President
Vice President
G ................
G  ................
G ................
G  ................
For
For
For
For
United States
United  States
United States
United  States
Senator
Senator
Senator
Senator
G ................
G  ................
G ................
G ................
For  Governor
For Governor
For Governor
For Governor
G  ...............
G ...............
G ...............
G  ...............
table end

SCSSB623  5
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93

table  with 4 columns and 8 rows
For Lieutenant Governor G ................
For  Lieutenant Governor G ................
For Lieutenant Governor G  ................
For Lieutenant Governor G ................
For  Secretary of State G ................
For Secretary of State G  ................
For Secretary of State G ................
For Secretary  of State G ................
For Treasurer G ................
For  Treasurer G ................
For Treasurer G ................
For  Treasurer G ................
For Attorney General G ................
For  Attorney General G ................
For Attorney General G  ................
For Attorney General G ................
For United  States Representative G ................
For United States Representative G  ................
For United States Representative G ................
For  United States Representative G ................
For State Senator G  ................
For State Senator G ................
For State Senator  G ................
For State Senator G ................
For State  Representative G ................
For State Representative G  ................
For State Representative G ................
For State  Representative G ................
For Circuit Judge G  ................
For Circuit Judge G ................
For Circuit Judge  G ................
For Circuit Judge G ................
table  end

94 [4.] 5. No ballot printed or designed for use with an electronic  voting
95 system for any partisan election held under this chapter shall  allow a
person to
96 vote a straight political party ticket. For  purposes of this subsection,
a "straight
97 political party ticket"  means voting for all of the candidates for
elective office who
98 are on  the ballot representing a single political party by a single
selection on  the
99 ballot.
100 [5.] 6. The secretary of state shall promulgate rules  that specify
uniform
101 standards for ballot layout for each electronic  or computerized ballot
counting
102 system approved under the provisions  of section 115.225 so that the
ballot used
103 with any counting system  is, where possible, consistent with the intent
of this
104 section.  Nothing in this section shall be construed to require the
format  specified
105 in this section if it does not meet the requirements of the  ballot
counting system
106 used by the election authority.
SCSSB623  6
107 [6.] 7. Any rule or portion of a rule, as that term is defined  in
section
108 536.010, that is created under the authority delegated in  this section
shall
109 become effective only if it complies with and is  subject to all of the
provisions of
110 chapter 536 and, if applicable,  section 536.028. This section and
chapter 536 are
111 nonseverable and  if any of the powers vested with the general assembly
pursuant
112 to  chapter 536 to review, to delay the effective date or to disapprove
and  annul
113 a rule are subsequently held unconstitutional, then the grant  of
rulemaking
114 authority and any rule proposed or adopted after  August 28, 2002, shall
be
115 invalid and void.
115.506.
No  election shall be certified until an audit shall have 2 been completed  
on
the election returns.

-----Original Message-----
From:  Nfbmo [mailto:nfbmo-bounces at nfbnet.org] On Behalf Of  
DanFlasar at aol.com
Sent: Tuesday, March 25, 2014 3:50 PM
To:  nfbmo at nfbnet.org
Subject: [Nfbmo] bill to eliminate electronic, private,  ballots moves
through MO legislature...

Just heard on a story on the  St. Louis NPR affiliate that a bill to  define
the paper ballot as the  official - and eventually - only legal ballot in
Missouri is close to  passage in the Missouri Senate and will move to the
House  soon.   It sounds like this might be a violation of the Help 
Americans
to Vote act  (since paper ballots are not accessible), as well as  
potentially
a
violation of the ADA.   Electronic systems can  still be used until  they
need repair, at which time they will not be  replaced.   I don't  have a 
link

or a printed story to  provide at this time, but I'll try to track it  down
later  today.
Does anyone know anything more about this   bill?
Thanks,
Dan

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