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Florida as the Next Florida

 

March 14, 2004
As Floridians went to the polls last Tuesday, Glenda Hood,
Katherine Harris's successor as secretary of state, assured
the nation that Florida's voting system would not break
down this year the way it did in 2000. Florida now has "the
very best" technology available, she declared on CNN. "And
I do feel that it's a great disservice to create the
feeling that there's a problem when there is not." Hours
later, results in Bay County showed that with more than 60
percent of precincts reporting, Richard Gephardt, who long
before had pulled out of the presidential race, was beating
John Kerry by two to one. "I'm devastated," the county's
top election official said, promising a recount of his
county's 19,000 votes.
Four years after Florida made a mockery of American
elections, there is every reason to believe it could happen
again. This time, the problems will most likely be with the
electronic voting that has replaced chad-producing punch
cards. Some counties, including Bay County, use paper
ballots that are fed into an optical scanner, so a recount
is possible if there are questions. But 15 Florida
counties, including Palm Beach, home of the infamous
"butterfly ballot," have adopted touch-screen machines that
do not produce a paper record. If anything goes wrong in
these counties in November, we will be in bad shape.
Florida's official line is that its machines are so
carefully tested, nothing can go wrong. But things already
have gone wrong. In a January election in Palm Beach and
Broward Counties, the victory margin was 12 votes, but the
machines recorded more than 130 blank ballots. It is simply
not believable that 130 people showed up to cast a nonvote,
in an election with only one race on the ballot. The
runner-up wanted a recount, but since the machines do not
produce a paper record, there was nothing to recount.
In 2002, in the primary race for governor between Janet
Reno and Bill McBride, electronic voting problems were so
widespread they cast doubt on the outcome. Many Miami-Dade
County votes were not counted on election night because
machines were shut down improperly. One precinct with over
1,000 eligible voters recorded no votes, despite a 33
percent turnout statewide. Election workers spent days
hunting for lost votes, while Floridians waited, in an
uncomfortable replay of 2000, to see whether Mr. McBride's
victory margin, which had dwindled to less than 10,000,
would hold up.
This past Tuesday, even though turnout was minimal, there
were problems. Voters were wrongly given computer cards
that let them vote only on local issues, not in the
presidential primary. Machines did not work. And there
were, no doubt, other mishaps that did not come to light
because of the stunning lack of transparency around voting
in the state. When a Times editorial writer dropped in on
one Palm Beach precinct where there were reports of
malfunctioning machines, county officials called the police
to remove him.
The biggest danger of electronic voting, however, cannot be
seen from the outside. Computer scientists warn that votes,
and whole elections, can be stolen by rigging the code that
runs the machines. The only defense is a paper record of
every vote cast, a "voter-verified paper trail," which can
be counted if the machines' tallies are suspect. Given its
history, Florida should be a leader in requiring paper
trails. But election officials, including Theresa LePore,
the Palm Beach County elections supervisor who was
responsible for the butterfly ballot, have refused to put
them in place.
Last week, Representative Robert Wexler, a Florida
Democrat, filed a federal lawsuit to require paper trails.
He relies on the Supreme Court's holding in Bush v. Gore
that equal protection requires states to use comparable
recount methods from county to county. Florida law
currently requires a hand recount in close races. That is
possible in most counties, but the 15 that use electronic
voting machines do not produce paper records that can be
recounted. Under the logic of Bush v. Gore, Representative
Wexler is right.
After the 2000 mess, Americans were assured they would not
have to live through such a flawed election again. But
Florida has put in place a system, electronic voting
without a paper trail, that threatens once more to produce
an outcome that cannot be trusted. There is still time
before the November vote to put printers in place in the 15
Florida counties that use touch screens. As we learned four
years ago, once the election has been held on bad
equipment, it is too late to make it right.
http://www.nytimes.com/2004/03/14/opinion/14SUN1.html?ex=1080381992&ei=1&en=c61f8bd8eb6e2d16
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