Black Box Voting

The Ohio Secretary of State's website has hacked.  This October surprise seems aimed to harrass and intimidate.  The bigger concern is that the attacks could threaten sensitive records and functions of the site. And the SOS is taking precautions.  In a press release Monday, Secretary of State Jennifer Brunner announced that "the state website has been set in a static mode with limited functionality as a precaution."  The press release also cites "denial of service" attacks against both phone and email, and which include threats of harm and or death, as well as a suspicous package.

These attacks follow a fight by the GOP to purge voter rolls in the state.  SOS Brunner's recent victory in court to prevent unfair purging of the voter rolls due to database mismatches was a blow to the state GOP party. There is a tug of war between the Democratic Secretary of State verses the Ohio State GOP Party over control of Ohio's elections. Meanwhile, the governor has accused the Ohio GOP of scare tactics. “In the last few days the Republicans have tried to instill fear in Ohio voters about whether their registrations to vote will be challenged and whether they will be able to cast a ballot,” said Strickland.

"John in Cincy", a long time verified voting activist in Ohio opines that: 

My guess is this is at least a “denial of service” attack taking place on the Ohio Secretary of State’s website and office. The threatening package is pretty scary too. This type of operation was detailed by Republican operative and convicted felon Allen Raymond in his book, “How to Rig an Election: Confessions of a Republican Operative” (2008).

Read the SOS' press release after the jump:

Ohio voters will get to both register and vote in person during a one week period through October 6 thanks to a ruling by the State Supreme Court AND a Federal Judge. This is a huge improvement in access for voters who 4 years ago faced waiting in line for as long as 13 hours!  The State Supreme Court voted 4-3 that SOS Brunner was right and the early voting and registration was constitutional. This is a bi partisan vote, given that the 6 of the state justices were republican, and 1 was Democrat. U.S. District Judge George  ruled that party poll observers must be allowed during early voting in the state's 88 counties. Brunner appealed that decision to a federal court in Cincinnati.

State, federal courts uphold early voting in Ohio By STEPHEN MAJORS Monday, September 29, 2008

State and federal courts cleared the way Monday for a weeklong period in which new voters can register and cast an absentee ballot on the same day in Ohio, a defeat for Republicans who challenged it.

The early voting window, which begins Tuesday, became a partisan battle in this swing state where President Bush narrowly clinched re-election in 2004.

The court decisions were a victory for Ohio Secretary of State Jennifer Brunner, a Democrat who was criticized by Republicans for telling county election boards to allow same-day registration and voting through Oct. 6.

"This ruling is a victory for all Ohio voters," Brunner said in a statement. "It should send a message to the forces of confusion and chaos that our top goal must be protecting Ohioans' voting rights."

The Ohio Republican Party didn't say if it would appeal....

Provisional Voting – Fail Safe or Placebo? 

““Our investigation reveals that instead of functioning as a fail-safe means of voting, provisional voting often creates a serious risk of disenfranchisement,” Elizabeth Westfall, Voter Protection Program deputy director, Advancement Project.   

The Advancement Project just issued a report on how Provisional ballots, rather than helping voters, may in some cases be disenfranchising thousands of voters.  The report focuses on Florida and Ohio in particular, noting that there was an over use or perhaps an inappropriate use of provisional ballots in those states. In some states (Florida is one) a provisional ballot only counts if the voter is at the “right” precinct. In those cases, giving a voter who is at the wrong precinct a provisional ballot will disenfranchise them.  Many voters could vote a regular ballot instead of accepting a provisional ballot, if all they needed to do was go to the correct polling place or perhaps bring ID. Few voters realize that a provisional ballot will not be counted on election night, and will have to be reviewed and approved before it can be counted. Not all will be approved, and the rate of approval varies by state. 

Advancement Project Report Shows Provisional Ballots May Disenfranchise Voters

September 24, 2008 (September 24, 2008, WASHINGTON DC) — Today, Advancement Project, a leading voter protection organization, released “Provisional Voting: Fail-Safe Voting or Trapdoor to Disenfranchising Voters.”...

Silence is not golden when it a federal agency knows but says nothing about voting machine failures.  The GAO reports that at least ten swing states will be using voting machines and electronic poll books with known defects in their systems. The ten states known to be affected are Colorado, Missouri, New Mexico, Ohio, Pennsylvania, Florida, Georgia, Michigan, Virginia and Wisconsin.  These defects could skew the vote or disenfranchise voters.  The defects silence on the part of the EAC is disturbing. The Elections Assistance Commission knew but said nothing. 

State Election Officials Not Told Of Voting Machine Failures

Friday, Sep 19, 2008

A Government Accountability Office report on voting system testing shows many of the problems that plagued the last election still exist.  And Missouri is one of the states with remaining problems.

   CNN reports a study by Common Cause and the Century Foundation indicates that ten vital swing states have significant voting glitches that have not been addressed.

   It also shows that the Election Assistance Commission has failed to inform election officials around the country about electronic voting machine shortcomings....

Still developing!

Background:  , September 15. 2008 McCain's Absentee Ballot Mailer Fiasco Spreads - Could Disqualify Some Voters, September 12. 2008 Unsolicited Absentee Ballot Requests Surface in Virginia, Ohio, and Florida, September 9. 2008 Florida Voter Caging Warning: McCain mailer w/absentee ballot requests 

"In the meantime, we need to tell voters—especially those registered 9/8 or later-- to check and double check their voter’s registrations with their county elections office to be sure they are good to go for November."

Late evening addition:  "We have you registered as a Republican.."

Democrats, Florida elections officials criticize GOP mailing By Steve Bousquet, Tallahassee Bureau Chief Sep 16, 2008

TALLAHASSEE — A new pitch for John McCain's presidential campaign aimed at older Democratic voters is causing complaints by Democrats and concern by elections officials.

The piece, paid for by the Republican National Committee and authorized by McCain, tells voters it is seeking to double-check their "unconfirmed" party affiliations while asking for money. A letter signed by McCain tells the Democrats: "We have you registered as a Republican."

...Two top Florida elections officials, both Republicans, faulted the GOP mailing, calling it "confusing" and "unfortunate" because of a potential to undermine voter confidence by making them question the accuracy of their registrations.

"It is unfortunate, because it does put a lot of doubt in people's minds," said Secretary of State Kurt Browning, the state's top elections official.

After his office received dozens of calls, Duval County Supervisor of Elections Jerry Holland issued a media alert that his office had nothing to do with it. "They were upset folks and they were very concerned," said Holland, a Republican. "They mainly said their party (listing) was different than it was."

...The letter asks recipients to note changes on an "RNC File Card" and return it to the party by Sept. 26. The card shows a nine-digit "voter ID" number, but the supervisor of elections in Jacksonville's Duval County said the numbers are wrong and do not match the state's voter database....

Reports from around the country advise that John McCain's campaign has sent confusing or incorrect absentee ballot request forms to voters in ten states at least. Affected so far are Florida,  Iowa, North Carolina, Ohio, Oregon (reported by blogger, not confirmed) Minnesota, Missouri, Pennsylvania, Virginia and Wisconsin so far. In each state, the mailers have a different error, in any of these cases, the voter could be disenfranchised by the error. In at least one state a voter could disqualify themselves or be vulnerable to election challenges if they mailed these forms in.  Mailers sent to Wisconsin voters are encouraging voters to send their applications to clerks in communities where they do not live. If you receive an absentee ballot request form from the McCain campaign ( or any private entity) and you do want to vote absentee, then instead check with your County Board of Elections to get the correct information. 

Florida..