March 29, 2009

2009 Holt Bill. E-Voting: Making a bad system worse

By Nancy Tobi

<http://www.opednews.com/articles/2009-Holt-Bill-E-Voting--by-Nancy-Tobi-090329-832.html>http://www.opednews.com/articles/2009-Holt-Bill-E-Voting--by-Nancy-Tobi-090329-832.html


Congressman Rush Holt (D-NJ) is getting ready to 
introduce his 2009 electronic voting bill. 
<http://www.bbvdocs.org/2009holt.pdf>Interested 
readers can review the 65-page proposal here. 
Holt has been trying for several years to pass 
one version or another of this bill.

The federal Voting Rights Act requires observable 
vote counting. Many state constitutions demand a 
public vote count. The Holt Bill mandates 
computerized vote-counting, which is concealed 
vote counting.

Concealed vote counting violates our voting rights.

The Holt Bill extends the federally sponsored 
2002 <http://www.fec.gov/hava/hava.htm>e-voting 
Ponzi scheme, when Congress, through the Help 
America Vote Act (HAVA), invested $4 billion 
taxpayer dollars into a fraudulent e-voting 
promise, causing the states to scoop up 
computerized voting machines and voting 
registration systems that turned out to be as 
fraud-friendly as the firm of Madoff Investment 
Securities.

If you think the Madoff Ponzi scheme was 
extensive, consider this e-voting rip-off.

The e-voting scheme promised huge returns: High 
tech, efficient elections. Voting systems that 
can meet the needs of every voter with a 
disability, every voter speaking a language other 
than English, you name it, e-voting will do it. 
But there was nothing behind this promise.

The e-voting legislation invested taxpayer 
dollars into an industry producing fraud-friendly 
voting systems, with built-in 
<http://www.bbvforums.org/forums/messages/72/15550.html>double 
and triple sets of accounting books, audit 
reports and logs that 
<http://www.pcworld.com/businesscenter/article/161718/diebold_admits_voting_machine_flaw.html>drop
 
data tracking of programmatic events like changed 
vote counts and the like.

This is the industry whose product gave a 
<http://www.blackboxvoting.org/bbv_chapter-13.pdf>negative 
count of 16,022 votes for candidate Al Gore in 
the Florida 2000 election, delivering the wrong 
President to America.

The 2002 Congressional e-voting bill also 
established a White House agency 
<http://www.opednews.com/articles/opedne_nancy_to_070831_eac_for_dummies.htm>(the
 
Election Assistance Commission, or EAC), which 
perpetuates e-voting failures by drafting new 
e-voting standards and schedules for the states, 
which can never - in reality - be met. The EAC 
drafts standards for e-voting equipment that 
hasn't been built, hasn't been tested, and, which 
is so complex that no ordinary election official 
could possibly operate independently of private 
industry control.

The EAC e-voting scheme has the states investing 
in equipment that will require upgrades or 
replacements in succeeding election. In this 
scenario, the e-voting industry gets richer while 
America's elections become pilot runs to test new 
technologies!

The $4 billion e-voting systems - and the 
multi-millions of continuing taxpayer e-voting 
"investments" since 2002 - have delivered truly 
catastrophic elections.

Machine breakdowns. Unprovable election results. 
Unlimited avenues for manipulation.

Once the states used up the first $4 billion 
federal dollars, they were left to their own 
devices to come up with the continuous cash flow 
required to service, repair, and replace the 
error-prone e-voting systems. Not to mention 
costs for storage, transportation, certification 
and recertification.

Now comes the Holt Bill with a new provision that 
will up the e-voting ante by requiring states to 
purchase entirely new technologies: high tech, 
high cost, highly complex, computerized voting 
technologies for assistive technologies that do 
not even exist yet.

Many citizen activists, myself included, have 
opposed previous versions of the Holt Bill.

We oppose this year's version of the legislation 
as well because it repeats all of the errors of 
past versions.

1.      It contains a concealed vote counting 
provision that allows access to voting machine 
software only to "qualified" experts and only if 
they sign a nondisclosure agreement. The Holt 
Bill will make concealed vote counting federal 
law. If Holt's bill passes, it would be a federal 
crime to let the public know whether or not 
voting machines work as promised!
2.      The bill includes a provision for high 
cost, high tech, as yet non-existent technologies 
that are allegedly designed to enable 
"accessibility" to disabled voters. This is 
another multi-billion dollar boondoggle that 
enriches the e-voting industry and bankrupts the 
democratic process by rendering our elections 
completely opaque and under the control of 
corporate high tech industries. It is already 
possible to achieve accessible voting without the 
use of complex, high cost, opaque, technologies.
3.      The bill places a White House agency 
between the states and their certification of 
election results. It requires states to provide 
all manner of data to the EAC in order to certify 
election results. The obvious conflict of 
interest in having the White House involved in 
election certifications opens the door to all 
manner of litigation should the EAC agency take 
issue with the data or the election results. This 
places election results in the hands of the 
Executive branch and possibly even the Judiciary, 
which may once again be called upon to decide 
election outcomes.
4.      The bill subverts the election night 
first count as the vote of record and replaces it 
with the results from post-election sampling. 
Post-election sampling is highly vulnerable to 
chain of custody risk vectors of all kinds. 
Furthermore, the sampling (or "audits") so far 
proposed by Holt, are not statistically adequate 
to ensure any reliable verification of election 
night results.

Holt supporters advocate for the bill because it 
provides incremental progress, in that it 
requires durable paper ballots in every election 
system.

But the negative Gore vote count in Florida 
happened in a system using durable paper ballots.

The problem was they were counted in a concealed 
electronic count with no public oversight.

The incremental step of getting paper ballots 
into every voting system offers a placebo effect 
to make people feel good without improving the 
democratic process.

Holt's bill expands corporate control over our 
elections, usurps public authority and oversight, 
subverts election night vote counts, and allows 
for White House intervention in election results.

We have no excuse to compromise on democracy. We 
now know too much about e-voting and its risks. 
We understand the perils of concealed electronic 
vote counting and corporate control over our 
elections. We know, too, that post-election 
samples of possibly compromised ballots do not 
legitimately replace election night public vote 
counts.

Today, Americans are demanding change in broad 
strokes: for our health care, our economy, our 
environment, our educationÅ  and, yes, our 
elections.

We cannot allow the Holt Bill to pass.

Election reform efforts must focus on restoring 
voting rights: repeal HAVA, eliminatethe EAC , 
and honor our tradition of representational 
democracy, self-governance, and public oversight 
of our elections.


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