[Nfbmo] Fwd: Res[pmse from NFB central office on paper ballot issue

DanFlasar at aol.com DanFlasar at aol.com
Fri Mar 28 13:36:57 UTC 2014


Hi all,
   I got this note from LouAnn Blake, chair of othe  accessible voting 
rights Committee in Maryland.   Thought you's be  interested in what she has to 
say.  Looks worse than we  thought!
Dan
 
  
____________________________________
 From: LBlake at nfb.org
To: DanFlasar at aol.com
Sent: 3/28/2014 7:41:01 A.M.  Central Daylight Time
Subj: RE: [Nfbmo] bill to eliminate electronic,  private, ballots moves 
through MO ...



Hi  Dan, 
Nice  to hear from you! Things are crazy busy here. We lost the paper 
ballot fight  here in Maryland a few years ago, but have been able to delay going 
back to  the paper ballot until 2016. Maryland is in the process of 
certifying new  accessible voting machine for marking paper ballots and we have 
worked very  closely with SBE on accessibility testing. We are now fighting for 
an online  absentee ballot marking system, which we have worked very 
closely with the  state board of elections to ensure it is accessible. 
Unfortunately, the fear  mongerers who forced the return to the paper ballot down our 
throats are  working very hard to prevent this system from being certified. 
We have been  able to discredit their claims that the system is not 
accessible, but I am  afraid that all of their crazy speculation about security may 
prevent the  board showing the necessary courage to certify the system. This 
would be a  terrible shame if the system is not certified. 
Anyway,  keep up the good fight in Missouri. To be in compliance with HAVA, 
there would  have to be some accessible way to mark the paper ballot at 
least for federal  elections. Keep me posted on how things go. 
Best  regards, 
Lou  Ann 
 
 
From: DanFlasar at aol.com  [mailto:DanFlasar at aol.com] 
Sent: Thursday, March 27, 2014 1:44  PM
To: Blake, Lou Ann
Subject: Fwd: [Nfbmo] bill to  eliminate electronic, private, ballots moves 
through MO  ...

 
Hi  LouAnn,
 
I  thought you would be interested in an imminent threat to our relatively  
recently won right for the blind to have a private vote. I'm sending  along 
part of our on-line discussion, including the text of the bill in  question.
 
In  essence, a national movement to eliminate electronic voting systems and 
allow  only  paper ballots to be the legal method for voting has made 
strong  inroads here in Missouri.  A bill is now proceeding through the Missouri  
Senate (see below) that will phase out all electronic ( in this case, read  
'accessible' systems in Missouri through attrition.  A method for marking  
paper ballots is mentioned, but not described.  A moderate Representative  
from Columbia, a college town, has said that he would vote for the Senate 
bill  if it came to the floor, assuring the blind voter who had asked him about 
 the bill that there wo uld be a blind-friendly marking system for paper  
ballots.
 
FYI, more info below.
 
How are things out East?
 
Dan
 

 

 
 
  
____________________________________
 
From:  _DanFlasar at aol.com_ (mailto:DanFlasar at aol.com) 
Reply-to: _nfbmo at nfbnet.org_ (mailto:nfbmo at nfbnet.org) 
To: _nfbmo at nfbnet.org_ (mailto:nfbmo at nfbnet.org) 
Sent: 3/26/2014  2:05:20 P.M. Central Daylight Time
Subj: Re: [Nfbmo] bill to eliminate  electronic, private, ballots moves 
through MO  l...
 

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_ (mailto: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

58
59
60
61
62
63
64
65
66
67
68
69

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_ (mailto:DanFlasar at aol.com) 
Sent: Tuesday,  March 25, 2014 3:50 PM
To:  _nfbmo at nfbnet.org_ (mailto: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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