[LINK] A 2008 e-Voting Wrapup with Dr. Barbara Simons
Bernard Robertson-Dunn
brd at iimetro.com.au
Sat Nov 8 13:18:15 AEDT 2008
A 2008 e-Voting Wrapup with Dr. Barbara Simons
By James Turner
November 7, 2008
O'Reilly
http://broadcast.oreilly.com/2008/11/a-2008-e-voting-wrapup-with-dr.html
James Turner: This is James Turner for O'Reilly Media. I'm talking today
with Dr. Barbara Simons, past President of the Association for Computing
Machinery. Dr. Simons was recently appointed to the Advisory Board of
the Federal Election Assistance Commission which oversees and recommends
voting technology in the United States. Dr. Simons previously worked at
IBM, and is now taking some time to write a book on election
technologies. Thank you for taking the time to join us.
Barbara Simons: Oh it's a pleasure.
JT: So the purpose of getting you here today obviously is to talk about
the Election cycle we've just gone through but before we do that why
don't you talk a little bit about the work of the Election Assistance
Commission and for those of us who may have successfully repressed the
memories of the 2000 and 2004 Election cycles remind us why it was created.
BS: The Election Assistance Commission was created by the Help America
Vote Act which was passed in 2002 in response to a lot of the problems
that occurred in Florida in the 2000 Election and 2002 Primary--2002
Mid-Terms. So the Help America Vote Act provided almost $4 billion to
replace punch card and other types of old technologies and the Election
Assistance Commission was to oversee that; it also is mandated to create
standards for voting systems and that's basically what it's been
doing--that sort of thing. It's the closest thing we have to a Federal
agency that oversees the Elections in the United States.
JT: So what is the role of the Advisory Committee inside of that and how
did you get involved with it?
BS: The Board of Advisors, the role as I understand it is to provide
advice to the Election Assistance Commission. I was just appointed to it
a short while ago; I haven't attended a meeting yet, so I can tell you
more specifically the kinds of things that happen once I have that
experience. The Board of Advisors was also created by the Help America
Vote Act and it represents many different interests. I was appointed by
Senator Harry Reid to one of the four seats on the Election Assistance -
on the Board of Advisors which are designated for technologists.
However, I really am the only technologist on the Board of Advisors so
far as I know. There are no other Computer Scientists on that Board and
no Statisticians.
JT: So getting to the current Election cycle, obviously with the margin
of victory this time around at least in the Presidential race it's not
as critical how any particular State went but there are a couple of
tight races, the notable one being the Senatorial race in Minnesota
between Al Franken and the Republican incumbent which is a couple
hundred votes out of a couple of million. But other than that. we've got
a couple of hundred electoral vote margin here; given that there hasn't
been a lot of focus I think on problems that occurred. What have you
been hearing?
BS: Well it's interesting that you brought up the Michigan situation
because I think that's going to be quite fascinating. Last I saw there
were 357 votes separating Franken and Coleman and because of Michigan
law; Minnesota law--excuse me--Minnesota law any time there is a
discrepancy of 0.5-percent or less between the two top candidates there
has to be--there's a required recount. So the recount that is occurring
is not occurring because Franken requested it; it's occurring because of
Minnesota law. And most of the voting in Minnesota was done on precinct
based optical scan machines, paper ballot which is then fed into the
optical scanner at the precinct. And the good thing about that is it
gives the voter immediate feedback if there is any problem, such as
over-voting, voting twice for a candidate.
What's interesting--what's going to be fascinating about this is that
most of the precincts in Minnesota use the ES&S-M100 scanners and so
when this recount--this manual recount occurs it's going to be a check
on how accurate these scanners are. Now there was a problem in Michigan
with these same scanners where some early testing showed some
discrepancies between what the scanners reported and what should have
been, and so this is really going to be quite fascinating. It's not
clear what the outcome is going to be.
JT: This is the same style of machine that is used in standardized
testing in that you fill in the bubble and it records it. What is it
that can go wrong? That's in fact the system we use in my town. Other
than mis-programming the reader, what is there to go wrong in that system ?
BS: Well there's several problems; one is--well first of all, as you say
because these things have computers in them they can be mis-programmed,
there can be software bugs. You could conceivably have malicious code.
You could have the machines give you a different count from the right
one. There was a situation back in the 2004 race where Gephardt in one
of the Primaries--Gephardt received a large number of votes after he had
withdrawn from the race. And this was done--using paper ballots, using
optical scan paper ballots. I don't know if it was this particular brand
or not. And when they were recounted it was discovered that in fact that
was the wrong result; that he had gotten fewer votes. Now I never saw an
explanation for what happened but my guess is that whoever programmed
these machines had mistakenly assigned the slot that was for Kerry to
Gephardt and the slot that was for Gephardt to Kerry; that's my guess.
Now I don't know if that's true but if that did happen I think there's
very little reason to believe it was malicious because there was really
nothing to be gained by doing that. So I think it was just an honest
error but of course errors can occur.
So even with these machines, there's this system where you have paper
ballots and you have a scanner; you have the capacity to recount the
ballots which is a very good thing. That's what happened with the
Gephardt case and that's what going to happen in Minnesota. And you need
that capability but you then have to exercise so it's not enough to just
have the paper ballots that you can audit or recount I believe, and I'm
speaking for myself now. I believe that it's we really have to start
auditing our Elections nationally. We have to conduct manual random
audits that are statistically significant of all of our Elections so
that the loser and the loser's supporters will believe the outcome of
the race. In this case, in 2008 it was very clear who won and I don't
think there's been any people who have been raising questions about the
correctness of the outcome. But we saw in 2000 and 2004 that was not
so--that people did raise questions and there was really no way to
conduct an audit that could have convinced the supporters of the losing
candidates that their candidates truly had lost. I don't think that's
healthy for democracy.
JT: So in terms of what actually is going to go on, are they essentially
going to take all of the scanned ballots and take them to some central
location and run them through some known programmed good machines or is
it going to be a precinct by precinct recount?
BS: That's a detail I don't know, but I do believe it's going to be
manual. My guess is obviously if you're going to be doing something like
that you have to divide it up because of the huge number of ballots.
JT: So the two States that were notable in the last couple of Election
cycles were Florida and Ohio. Have you heard anything so far as to
issues or successes? Those are also two States who have gone very
heavily in--for touch screen as I believe.
BS: Well Florida now has a lot of paper in 2008; they've gotten rid of a
lot of their touch screen machines. And Ohio has too. So they've changed.
JT: Was that because of the 2004 and 2006 problem?
BS: Yeah; well yeah and also Ohio conducted a major study of electronic
voting machines called the Everest Study which was commissioned by the
current Secretary of State Bruner, Secretary of State Bruner and this
study uncovered huge problems with these--with most of these voting
systems, these touch screen voting systems. They were found to be
insecure, unreliable, difficult to use; basically a similar study had
been studied in California not too much earlier called the Top to Bottom
Review and the Ohio study confirmed every--all of the problems that had
been uncovered in California and found additional problems, so based on
that there was a push to get rid of a lot of these machines.
There had been problems you know in Ohio and Florida however involving
the Voter Registration Databases and I've heard of complaints from both
States of--well in particular I've heard of complaints in--from Ohio of
people going to the polling place to vote and finding that their names
were not on the electronic devices that people have--had in the polling
places which listed all of the eligible voters, even though these same
people had been voting for years. And in some cases their names were on
the Central Database but they weren't on the devices in the polling
places. So I believe what typically happened is that they had to vote
provisional ballots. In Florida of course there were a lot of concerns
as you probably know about that you've got match requirements that had
been required under Florida law.
One of the problems was that if the voter--the information that the
voter had on the Voter Registration didn't exactly match some
information that was on for example the Department of Motor Vehicle
Database or the last four digits of the Social Security Number then the
voter could correct that by bringing ID prior to the Election Day but
there was a decision made on Election Day such voters had to be given
provisional ballots if they hadn't already corrected any problems and
then they had a few days afterwards to go to the various places and
prove that they were allowed to vote. What I understand happened in
Florida is that a lot of the registrars accepted ID on Election Day
rather than forcing people to vote provisionally. And one of the reasons
they did this is that otherwise they would have been stuck with large
numbers of provisional ballots which is just an enormous headache to
deal with. And so they basically allowed people to identify themselves
on Election Day and vote
JT: What happens with provisional ballots?
BS: Well it varies from State to State but what happens with provisional
ballots is there's-each one--for each provisional ballot there has to be
a determination as to whether or the not voter was allowed to vote. And
so this has to be done on a ballot by ballot basis and it can be very
time consuming. There have been a number of studies done where these
people have looked at what's happened with these provisional ballots and
it seems as if the number that actually gets counted can very
considerably from State to State. So in general, a lot of people feel
that the provisional ballots are better than not being allowed to vote
at all but it's a lot better if you can vote a regular ballot than to
vote provisionally because if you vote provisionally there's some chance
your vote won't be counted even if you are a legitimate voter.
JT: Is there a conceivable situation where a Secretary of State or a
local registrar might say you know nothing was very close at all; we're
just not going to count them?
BS: As far as what gets counted for example I think with absentee
ballots I think that--that kind of decision is--it can vary from State
to State. I believe that there are States and don't--you know I'm a
little bit uncomfortable saying this on air quite frankly but I believe
that there are States where if the Election is not at all close and the
number of absentee and possibly provisional ballots that you have is not
large enough to change the outcome that then the ballots aren't counted.
I believe that's the case for absentee ballots in some States; I'm not
sure about the status of provisional ballots but I wouldn't be surprised
if it's the same for them in some States. In other States that's not the
case so I think it really varies from State to State.
JT: So what States this time around have to--you know really drunk the
e-voting Kool Aid the heaviest? Who had the most touch screens in place?
BS: Maryland and Georgia are entirely touch screen States and so is New
Jersey. In Maryland they're supposed to replace them with optical scan
paper ballots by 2010 but there's some concern that there may not be the
funding to do that. In fact Maryland and Georgia both use Diebold which
is now called Premier, paperless touch screen voting machines; Georgia
started using them in 2002 and in that race, that's the race in which
Max Cleveland, the Democratic Senator, paraplegic from--the Vietnam War
Vet was defeated and I know that there are some people who questioned
the outcome of that race because the area polls had showed him winning.
And because that race--those machines are paperless there was no way to
check the outcome. Another thing that was of a concern in Maryland in
2002 was that--I mean in Georgia in 2002 was that there were last minute
software patches being added to the machines just before the Election
and the software patches hadn't really been inspected by any kind of
independent agency.
JT: Did you hear any--have you heard anything out of those State about
how went this time around?
BS: This time around, well you know I believe there's going to be a
runoff on the Senatorial Race in Georgia if I'm not mistaken because--a
run-off that's right; a run-off that's right; excuse me I meant runoff
because the top candidate got fewer than 50-percent of the votes. So
they are going to be doing a re-run on these machines; it's going to be
very interesting. These are old machines; they're known to have a lot of
security problems. They've been examined by independent security experts
and they're known to be really problematic.
JT: So it sounds like in the upcoming Election cycles we're actually
going to see a little bit of a retro return to more manual balloting
systems. Is this kind of a quick patch in that scanned ballots are the
easiest way to make sure you have a paper trail?
BS: Well I think scanned ballots--well certainly scanned ballots give
you a paper trail and they give you a good paper trail. The kind of
paper trail you want and it's not really a paper trail; it's paper
ballots because they are the ballots. What you want is you want it to be
easy to audit and recount an election. And I think that's something that
really people hadn't taken into consideration early on when a lot of
these machines were first designed and purchased. You want it to be easy
to conduct an audit or a recount and so the best way to do that is the
way we would count money which is you sort things into piles and you
count each pile. And you can sort them into--let's use for example you
have piles which say--say for example you sort it into piles that say
McCain and piles that say Obama and then you can do multiple counts of
each of those piles; you can--you would probably count them into groups
of 50 so you can let's say you know--just groups of 50 of each one. You
could have multiple people look at them and read the ballots and say
yes; these are indeed McCain ballots. Yes; these are indeed Obama
ballots. And if each of these piles has 50 of them you can count and
recount. You can have observers; you can videotape it; you can be
incredibly transparent and then correctly I think you're very accurate.
JT: The one comment that people have had about the touch screen and one
of the big pushes that was made for them is that they are ADA compliant.
How does that play out with these older technologies?
BS: Well optical scans are not older technologies. They're like I guess
for a while--some of these DRE--these touch screen machines have been
around for quite a while too. One of the things that was investigated in
California when they did the Top to Bottom Review was just how easy is
it for people with disabilities to use these touch screen machines?
Nobody had ever done that before and these test results came back very
negatively. If you look at the California results they're very negative
on these touch screen machines. In many cases people in wheelchairs had
a very difficult time being able to operate them correctly, people who
were blind sometimes had troubles understanding what was being said or
things were said too loudly or too softly or they would get confused
about the instructions or some of the ways that they had for manual
inputting; their votes were confusing. The results were quite negative.
There is a--there are these things called Ballot Generating Devices
which are not what we generally refer to as touch screen machines
although they can be touch screen. The most widely used one is called
the Auto Mark. And the way the Auto Mark works is you take a paper
ballots, one of these optical scan ballots and you insert it into the
Auto Mark and then it operates much the same way that these other
paperless--potentially paperless touch screen machines work. It has a
headphone--headset so that a blind voter can use it; it has--it's
possible for somebody in a wheelchair to vote, although in fact you
don't have to use this if you're in a wheelchair; you can vote optical
scan clearly. Somebody who has severe mobility impairments can vote on
these machines using a sip, puff device where if you sip it's a zero or
one and if you puff it's the opposite or a yes or a no. And these--the
Auto Mark was designed with disability people in mind from early on. And
it faired much better in the California tests. What it does is at the
end when the voter with disabilities is finished he or she will say okay
cast my ballot. At that point the Auto Mark simply marks the optical
scan ballot; it just marks it. And then you have an optical scan ballot
that can be read by an optical scanner. There should be no problems with
it because it's been generated by a machine. And you have a paper ballot
that can be recounted.
JT: And also conceivably it can be visually verified by the voter if
it's not a visual disability
before they cast it?
BS: That's right. Or you can have it verified audio--you could put it to
an audio reader and have it verified that way too but that does get into
some complications. But basically yes; you can do that. You can also
have it tested by a voter who doesn't have any vision problems as a way
to randomly check to make sure that there's no malicious code in it.
That's not 100-percent guaranteed but it is a kind of check that you can do.
JT: So speaking of that--right; so speaking of code errors and similar
things, there seems to be a large push all of the sudden for the concept
to get the software and perhaps the voting machines themselves need to
be Open Source so that there is a greater transparency. Diebold seems to
be--has gotten out of the business or has renamed the business or sold
the business off. Is it no longer kind of a popular business to be in?
Do you think that there's more of a push to just make it like you know
have the Federal voting machine factory with an Open Source set of code?
BS: I certainly don't see a Federal voting machine factory in the near
future; I mean that's an interesting concept. What--in general I'd like
the idea of Open Source but I don't think it's a panacea. Even with Open
Source you can have problems; you can have software bugs; you could even
have malicious code. Admittedly it would be harder to conceal malicious
code but if you've got a very long piece of software, very long
complicated software it's still possible to do. So I don't see Open
Source as being the end-all and be-all for our problems. I actually
don't have such a problem with having systems that are not Open Source
if and this is a big if--if these systems can easily be audited and
recounted and if we actually do audit them. I mean having paper ballots,
having paper trails--I think is very important but it doesn't do any
good if nobody is looking at them after the election. So you really
need--we need to start running our elections the way we would run our
businesses; we need to have accountability and we need to start auditing
them and we need to audit them in a regular way. It shouldn't fall on
the shoulders of a candidate to demand an audit or a recount and then
have to worry about being called a poor loser. It's in the interest of
everybody to know that our elections are accurate and that the correct
person won. I'm actually less concerned about getting the votes exactly
precisely correct than I am about making sure that the right people win.
And with a statistically significant audit you can have that so long as
you have something which you can audit and which is easy to audit. And I
think that's what we need to focus on.
JT: So one last question I've got for you. In terms of the States that
did go purely for touch screen what is the recourse there? Short of
re-holding the whole election is there any quality control at all on
these machines?
BS: Well I mean as you know the software's secret and efforts that have
been made by independent computer scientists to look at these machines
have frequently been rebuffed; the reason that they have been examined
extensively is because a couple of Secretaries of States have--they have
demanded it, in particular in California and Ohio and there's also been
some testing done in Connecticut and a few other States, so I mean it's
not just Ohio and California. But basically it seems that the State has
to take up that responsibility in order to get independent computer
security experts to examine these machines, but basically I don't see
any recourse. I mean I don't see I mean--it would be nice to be able to
examine the software after the election if you think there may have been
a problem. I think that's important. I know there was an effort made to
do that in 2006 in Sarasota County, Florida when there was a very large
under-vote for the House of Representatives race, an exceedingly large
under-vote which means people didn't vote for that race and that--there
was actually a court case there. And the software was examined by the
State of Florida as a result of that but the person who lost the race
wanted to have her own independent computer security expert also examine
the software and he wasn't allowed to do that. We still don't know
exactly what caused the problem in Sarasota in 2006. Another issue with
software is, as I expect you know and probably a lot of your listeners
will know is that it is possible if you want to rig an election to
insert software which would then erase itself. Now I'm not saying that
it's an easy thing to do but in theory and in principle you can have
malicious software in a voting machine or in any kind of system; it
doesn't have to be a voting machine--which will do whatever it's going
to do and then erase itself. That means if afterwards you have a
forensic examination of the system and you go and look at the software
you won't find the problem; it won't be there. So that's a concern.
You know I've heard people make claims that various elections have been
stolen on these machines. It's a difficult--it's not a claim I would
make because I think it's risky to make a claim when you can't prove it
nor would I say that no elections have ever been stolen on these
machines as some other people claim because you can't prove that either.
And I think the problem is when we find ourselves in the situation where
we can neither prove nor disprove that the election was--would be
tabulated--recorded and tabulated and what we need to do is move to
systems where we can prove things. And I think that's what we have to do
and the fact that the 2008 Presidential election has not been contested
the way that for example the 2000 election was contested doesn't mean
we're out of the woods. There will be other contested races as we're
seeing in Minnesota although there they're going to count it and there
we will find out. But if that had happened in Georgia or if it happens
in Georgia with the upcoming race for Senate that's happening because
neither candidate got 50-percent if that ends up being very, very close
I don't know what people will do if they don't trust the outcome.
There's no recourse. I don't think that's healthy.
JT: Right the recount is you look at the machine and you know it says
12. Are you sure? Yeah; it still says 12.
BS: Exactly; that's what it will do. The machine will be consistent but
that doesn't mean it's right and again you don't have to have someone
rigging the Election to have it wrong. It can be a mistake. It can be a
mistake.
JT: Right; and in fact I know from experience with touch screens you've
got to align them correctly. They get dirty. They malfunction--.
BS: Well calibration is a big issue with touch screen machines and of
course you were hearing in this last Presidential election that people
were complaining that they touched one candidate and their vote was
recorded for the other candidate for President. And I heard it going
both ways; I heard a lot of people saying they voted for Obama and
McCain showed up but I think in North Carolina there were cases where
people said they voted for McCain and Obama showed up. So the point is
that if these systems are not properly calibrated you could have
things--you can have situations like that and furthermore they can go
out of calibration during the course of the election. So they're--you
know it's--you shouldn't be using--we shouldn't be using a technology
where we have to worry about recalibrating the damn things all the time.
That's just not--it doesn't make sense.
JT: So just to wrap up; where do you see--we'll have the 2010
Congressional and then we'll have the 2012 Presidential. It sounds like
the trend is going to be more back toward paper-based systems for those.
Do you think that's going to hold especially given the economic
situation and the cost of doing that?
BS: I certainly hope it will hold. I know that there is a lot of
pressure against it--at least on some parts--on the parts of some
individuals and vendors. One of the things to keep in--there's a couple
things to keep in mind when thinking about replacing these systems. The
first is that these direct recording electronic systems or touch screen
systems as they're called they have to have--the States and localities
that buy these systems have to have maintenance contracts with the
vendors because they're very complicated systems to maintain and of
course the software is a secret. So some of these contracts are quite
costly and these are ongoing expenses with these machines. In addition,
because they have software in them they have to be securely stored and
they have to be securely delivered and those create enormous problems
especially when you have to worry about delivering large numbers of
machines to places prior to the election. Frequently these machines end
up staying in people's garages or in churches for periods of time when
they're relatively insecure.
And in addition there seems to be problems with some of these machines
just deteriorating because of usage and age. Avi Rubin has a blog where
he talks about problems with the machines that were being used in his
precinct in Maryland where they say at least one of the machines seemed
to be having the problems because it was deteriorating--you know there
were physical problems with the machine because it's a piece of
machinery--having nothing to do with the actual voting. So you know
there are going to be maintenance problems with keeping these machines
going that in some cases are not going to be cheap. If we move on a
large scale to paper based systems while it's true you have to print out
the paper each time, the paper ballot you also have to print out paper
ballots for absentee voters anyway, so it's not as if you have to come
up with paper ballots only for these systems. You've got to print them
out; you just got to print out more of them. And you need far fewer
scanners; the security issues with scanners are not as great because you
can do an audit and a recount, so altogether it just seems to me that
moving to paper based optical scan systems with precinct scanners so
that the voter gets feedback on the ballot if the voter votes twice for
President; the ballot is kicked out and the voter can vote a new ballot.
I think that's the best way to go and I really hope that that's what
happens and that people just stop using these systems that are very
difficult to audit and recount. And as I say there is the Auto Mark for
voters with disabilities to use; there's also another system called
Populex but that's not as widely used as Auto Mark. There could be new
systems coming forward.
But one other final comment; when you talk about Open Source voting
systems, another issue with bringing on any kind of new system is that
it has to go through extensive testing and this can be quite expensive
and time-consuming. So there's a big upfront cost to any new vendor
getting into the voting machine--voting system business, which it can be
a problem.
JT: I actually lied. I have one little follow-up to that which is one
other trend we've seen in this election is I think the estimate was up
to 30-percent of the Electorate may have voted early and there's even
some talk about making that into a Federal law. How is that going to fit
in with this changing tapestry of voting technologies?
BS: Well I have mixed feelings about early voting. On the one hand I
think it served a really good function in this e lection because it
helped to debug some of these systems so I think when people started
having problems with early voting you know they would get technicians in
and try to fix them or they would send out alerts and so on, so it's not
like everything happened on Election Day. So I think that was actually a
very positive thing that these systems were being subjected to intensive
usage and by that I also mean the electronic Voter Registration
Databases as well--that they were being subjected to intensive usage
prior to Election Day so that some of the kinks could be worked out
beforehand, so I think that was positive. I think it's also positive
when people get an opportunity to vote when hopefully they don't have to
wait in line so long, although I understand that a lot of the early
voting had very long lines. What concerns me with the early voting and
this is a general issue--is that you've got to worry about chain of
custody of the ballots. So you have to be very careful that the voting
is taking place and these ballots are properly secured and I think
that's an issue that I haven't seen a lot of discussion of but it's
something that definitely needs attention with early voting.
JT: Right; it telescopes the problem from keeping an eye on the ballots
for a day to keeping an eye on them for two weeks.
BS: We didn't talk about emergency paper ballots.
JT: Sure; there were some places where they had to go to those weren't
there?
BS: Right; and there was also a court case over that in Pennsylvania
where the Secretary of State put out an order saying that 100-percent of
the machines had to break down before the paper ballot--before the paper
ballot or before emergency paper ballots automatically had to be given
out. And there was a court case over that and the Judge ruled that if at
least half of the systems break down then emergency paper ballots had to
be given out and but apparently the local Election officials could
have--could give them out at any point if they wished to. So they had
the ability to give them out at any time but they had to give them out
if half of the systems broke down. And there was--I've seen a lot of
discussion about emergency paper ballots as being a way to help
alleviate some of the long lines that people were anticipating
especially with voting machines.
JT: Did they end up using them anywhere?
BS: I'd have--I'm pretty sure they did but if you wanted specifics I'll
have to get back to you on that.
Editor's Note: Dr. Simons wrote me later to say: "Many Pennsylvania
polling places opened on election day with half or more of their voting
machines broken -- so they used emergency paper ballots until they could
fix their machines."
--
Regards
brd
Bernard Robertson-Dunn
Canberra Australia
brd at iimetro.com.au
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