There’s just something fundamentally wrong and, well, unAmerican about this.
A federal appeals court in Cincinnati today decided two cases related to Ohio’s provisional voting procedures, ruling that it is unconstitutional to toss out ballots that are cast in the incorrect voting precinct due to poll-worker error.
Ohio law “effectively requires voters to have a greater knowledge of their precinct, precinct ballot, and polling place than poll workers,” the three-judge panel of the U.S. Court of Appeals for the 6th Circuit said.
Ohioans cast 200,000 provisional ballots in the 2008 elections, and 14,000 of those were rejected for being cast in the wrong precinct. Given that the state increasingly uses polling locations that serve voters from more than one precinct and that 13 different classes of voters are required to use provisional ballots, the reality exists that “thousands” of ballots would be tossed out “where the voter’s only mistake was relying on the poll-worker’s precinct guidance,” the judges said.
“This is the most important decision in this election cycle,” election law expert Rick Hasen wrote on the “Election Law Blog.”
It is the second time in as many weeks that the U.S. Court of Appeals for the 6th Circuit has ruled against Ohio in election-related cases.
Just last week, it blocked changes made to Ohio’s early voting rules that allowed some military voters to cast ballots in the three days before Election Day while barring nonmilitary voters from doing the same. Ohio Secretary of State Jon Husted (R) has asked the U.S. Supreme Court to grant an emergency stay in that case until the court can hear the state’s appeal.
Given the sanctity of the vote, how can government officials actively seek to disenfranchise thousands of its citizens in such a fashion? It’s unconscionable.
In the Ohio case, the effort is being championed by a Republican attorney general and Republican secretary of state. “Clearly, Republicans want to limit last-minute early voting, which in 2008 was most heavily used by less-affluent, minority voters,” the Cleveland Plain Dealer points out. The same motivation drives the effort to throw out thousands of ballots cast in the wrong precinct; that problem pops up far more often in urban settings, where precincts are much smaller and lines more confusing, than in suburban and rural areas dominated by Republicans.
There can be no justification for such efforts, and the Ohio example gives the larger GOP game away. They are engaged in a shamelessly partisan effort to deny the ballot to eligible, legitimate voters, and if you have to stoop to tactics like that to win, in a sense you have already lost.
– Jay Bookman
329 comments Add your comment
Mick
October 12th, 2012
12:15 pm
rb
What’s the matter? Too difficult to THINK an issue through? No, just go for the cheap shot – you’re an expert in that area…
DebbieDoRight - A Do Right Woman
October 12th, 2012
12:16 pm
Michael – Do the “peaceful” people of America, who voted again for Bush after he declared,”I’m A WAR President”, count as at least a runner up to the award?
How about a Miss Congeniality ribbon?
Doggone/GA
October 12th, 2012
12:21 pm
“Still, on the 9/11 anniversary, it’s troubling that he didn’t stay in a more secure location”
And maybe he knew about the affection of the people towards him and did not consider it neccessary. All we can do is guess.
Michael
October 12th, 2012
12:22 pm
Debbie – There is separate recognition for causing deaths due to mistakes. The War President’s action leading to over 4,000 deaths will qualify for consideration. The location is somewhat lower, but it is similar to the setting of Paul Broun’s speech in front of the dead deer heads.
Brosephus™
October 12th, 2012
12:23 pm
getalife
I think the secondary site where they fled to after the initial attack was the one that’s the “Shhhh… don’t tell anybody” site.
getalife
October 12th, 2012
12:24 pm
“All we can do is guess.”
Media made it a political issue but with the CIA involved, it should remain classified.
We have ongoing operations there.
getalife
October 12th, 2012
12:25 pm
Bro,
Forgot about the second location.
Thanks for reminding me.
Joe Hussein Mama
October 12th, 2012
12:26 pm
Doggone — “JHM – the problem with your system is that it depends heavily on accurate voting rolls. That’s not something we can even do NOW, hence the voter “caging” abuses.”
*All* voting systems depend on that. It’s not a failing specific to my idea.
“It also depends on accurate transmission of that vote and that’s a system the is easily and cheaply abused. If some hacker gets in and sets the system to “flip every 3rd vote to a particular candidate, how is the voter OR the polling station ever going to know that?”
I don’t know what you do for a living, but there are ways to secure data both in transit and data in lockdown. Securing a log of voting results would actually be *simpler* than a lot of other data management tasks, because you only need to let new, complete data records into the system. Disallow any sort of discrete data line updates or amendments to existing data (this isn’t hard to do) and you’d force hackers to hack the stream itself.
The reason we hear so much about merchants (and occasionally banks) being hacked is because they’re trying to do system security on the cheap. As I’ve said before, I worked as a traveling IT consultant for several years, and out of all the clients I did gigs for in that time, only ONE gave a damn about their data security.
If you don’t care and don’t put resources into it, your data security will suck. It’s like your house. If you put up a cheap door with a cheap lock, burglars will find it easy to kick in so they can take your stuff. So don’t put up cheap n’ easy data security as pertains to voting. Do it right and put the resources into it that it deserves.
“You can’t give the voter a paper record of his vote, because that violates tthe secret voting process by tying a vote to a name.”
Not necessarily. You can identify a specific transaction without identifying the person undertaking it.
“I’m a radical on this issue. I think we should eliminate all forms of machine voting and go to plain paper ballots marked with an X. You vote, you turn them in, you’re done. And they are counted by PEOPLE, with multiple layers of back-up, in the form of someone watching over each counters shoulder and verifying they counted accurately.”
Didn’t work too well in FL twelve years ago, though.
“A trucker on the road can either vote before he leaves, or he can get an absentee vote in person and then mail the ballot when he’s on the road.”
As I indicated earlier, I’m very troubled by the opportunities for fraud presented by our absentee voting procedures.
getalife
October 12th, 2012
12:29 pm
I think the gop knew the CIA was involved but held their political hearing anyway.
This is very reckless and unAmerican but they know they will not be held accountable so they are out of control.
Jefferson
October 12th, 2012
12:30 pm
The Canadian and British paper ballot system is superior the the US system of various ways to collect votes. The have no trouble posting results in a timly manner.
RB from Gwinnett
October 12th, 2012
12:34 pm
Your right, bro, continuing to push the BS video story on national tv a week later must have been a tactic to help us catch terrorists half a world away. We wouldn’t want them to know we had video of them attacking our consulate. I’m sure they didn’t know we had cameras there. Pour yourself another tall glass of Koolaid, bro!
Geez….
DebbieDoRight - A Do Right Woman
October 12th, 2012
12:36 pm
getalife: I think the gop knew the CIA was involved but held their political hearing anyway.
I think you’re right. There ARE cons on the Intelligence Committee so they had to of known. However, just like with the outing of Valerie Plame, they felt that it was better to bring about political victory or points for the repubs by “leaking” information, than it was to secure the safety of its operatives.
Republicans — they wear that flag pin and place their hands over their heart – but it means NOTHING to them. Just theatrics.
Kamchak ~ Thug from the Steppes
October 12th, 2012
12:37 pm
SHEETS!
Doggone/GA
October 12th, 2012
12:37 pm
“*All* voting systems depend on that. It’s not a failing specific to my idea.”
I didn’t say they didn’t, I just said your system DEPENDS on it.
“I don’t know what you do for a living, but there are ways to secure data both in transit and data in lockdown.”
But you can’t guarantee that the data so securely transmitted was actually what the voter chose, or that what was received matches what the machinary at the other end recorded. There’s no such thing as TRULY secure transmission. Heck, even government transmissions have been hacked. And so have phone line tranmssions. And just so you’ll know, I worked for the phone system for over 30 years.
“Not necessarily. You can identify a specific transaction without identifying the person undertaking it”
but if you can’t verify to the voter that his vote was recorded, transmitted, and again recorded as he cast it…you have an insecure system, no matter how many protections you think you have. Yes, secure systems can be devised…but if they seriously impact the voting experience, then you have…by fiat…suppressed some of the vote.
“Didn’t work too well in FL twelve years ago, though”
Florida did not use paper ballots. They used punch card ballots that were counted by machine. If I had it in MY power I would take machines out of the equation ENTIRELY, once the ballots are printed. The voter has to fill them out with a pen or pencil, and they have to be counted by a person. No machines involved at all.
“As I indicated earlier, I’m very troubled by the opportunities for fraud presented by our absentee voting procedures.”
Then I would say…again…eliminate it entirely. Make it as easy as possible to vote early and then it’s up to the voter.
The way I see it the issue is disenfranchisment, right? If you make it as easy as possible to vote in person but someone can’t vote because of life circumstances or problems, that’s the voter’s issue. But if the system itself disenfranchises the voter…then it’s an issue for ALL of us.
Jhunt163
October 12th, 2012
12:39 pm
DDR
Jhunt: Guess I missed that part in the constitution. States have cast a slate of electors in the past without a popular vote.
Proof? Please.
Constitutionally, the manner for choosing electors is determined within each state by its legislature. During the first presidential election in 1789, only 6 of the 13 original states chose electors by any form of popular vote
http://en.wikipedia.org/wiki/United_States_presidential_election
However, our Constitution only provides for nondiscrimination in voting on the basis of race, sex, and age in the 15th, 19th and 26th Amendments respectively. The U.S. Constitution contains no explicit right to vote!
http://archive.democrats.com/view.cfm?id=12581
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.” Notice it is missing the tag line you added: delegates elected by the state legislatures who would reflect the popular vote in their state.
barking frog
October 12th, 2012
12:47 pm
getalife
So you were disappointed
too..
Brosephus™
October 12th, 2012
12:48 pm
I think the gop knew the CIA was involved but held their political hearing anyway.
Chaffetz just returned from Libya not too long ago, and he was briefed on the situation over there. He stated as much in his outing the CIA.
—————————
Your right, bro, continuing to push the BS video story on national tv a week later must have been a tactic to help us catch terrorists half a world away.
Dude, are you purposefully obtuse or are you seriously such a dumbass??? Did you not understand the English I posted on the previous page???
Brosephus™
October 12th, 2012
12:02 pm
“I don’t know what Obama’s reason was for going on Letterman”
Damn, you would think a business owner would be capable of reading and understanding basic English. However, in your case, someone has to prove the exception to the rule.
barking frog
October 12th, 2012
12:54 pm
DebbieDo
try this..I’ll sing for you
but no dancing…
http://m.youtube.com/watch?v=rctt0dhCHxs&desktop_uri=%2Fwatch%3Fv%3Drctt0dhCHxs
Joe Hussein Mama
October 12th, 2012
1:07 pm
Doggone — “But you can’t guarantee that the data so securely transmitted was actually what the voter chose, or that what was received matches what the machinary at the other end recorded.”
Sure you can. There are secure-hash data packets that can be interspersed throughout the data stream to prove that the data hasn’t been tampered with.
“There’s no such thing as TRULY secure transmission. Heck, even government transmissions have been hacked. And so have phone line tranmssions. And just so you’ll know, I worked for the phone system for over 30 years.”
Just so you’ll know, I worked in communications and communication security for the Army. I was also tapped for the White House Communications Agency, but I decided not to pursue it. Ask yourself this — you ever hear of the President or Vice President getting their secure comms hacked while they were on a state visit or overseas trip?
Yeah, you CAN secure data quite well; it’s difficult and costly, but it can be done. FWIW, most people and organizations don’t put anywhere near the amount of resources in it that are required to truly lock it down. But the *government* could.
“but if you can’t verify to the voter that his vote was recorded, transmitted, and again recorded as he cast it…you have an insecure system, no matter how many protections you think you have.”
I’m sorry, but you’re wrong. It *can* be done. I can give you some specifics if you want.
“Yes, secure systems can be devised…but if they seriously impact the voting experience, then you have…by fiat…suppressed some of the vote.”
What exactly are you talking about here? Most of the security would be invisible to the end user. I’ve set up secure commo for generals; the fact that they had no idea how much or what type of COMSEC we had set up in no way detracted from their ability to receive information and issue orders to subordinate units.
“Florida did not use paper ballots. They used punch card ballots that were counted by machine.”
Respectfully, ma’am, you’re splitting hairs here. Cardstock is just thicker paper, and they had humans involved in *exactly* the way you say you want them to be involved.
“If I had it in MY power I would take machines out of the equation ENTIRELY, once the ballots are printed. The voter has to fill them out with a pen or pencil, and they have to be counted by a person. No machines involved at all.”
Again, FL 2000. Didn’t work well at all.
“Then I would say…again…eliminate it entirely. Make it as easy as possible to vote early and then it’s up to the voter.”
Don’t you think you’re potentially disenfranchising poor, elderly and sick voters here?
“The way I see it the issue is disenfranchisment, right? If you make it as easy as possible to vote in person but someone can’t vote because of life circumstances or problems, that’s the voter’s issue. But if the system itself disenfranchises the voter…then it’s an issue for ALL of us.”
I’m afraid I have to differ with you here. When you say “that’s the voter’s issue,” that sounds to me like a Republican saying ‘get an ID or fuggoff, Grandma.’ And I can’t side with that.
Mighty Righty
October 12th, 2012
1:34 pm
This from a party who’s attorney general is as we speak, actively invloved in stopping active duty military personnel from voting in every “battle ground” state in the union. The Democrat party has had a war against our military dating back to the attempted theft of the presidency by Al Gore when the Democrats tried to throw out all military absentee ballots that were cast by our meilitary personnel while they were over seas defending our rights to vote. Greater shame has never been demonstrated by of polictical party than the mean Democrats did in Florida then and by their Attorney General now.
Joe Hussein Mama
October 12th, 2012
1:36 pm
Will someone mop up after Righty, please?
Austin Millbarge
October 12th, 2012
1:46 pm
Ohhhh boo-hoo! I don’t know where I’m supposed to vote and ignorance is ok because I am a minority in America! People need to be held accountable and “confusing lines” is not an excuse. Stop apologizing for ignorance, Bookman. When was the last time you were in downtown Cinci or Cleveland and had to wait in a confusing line? I liked you better when you were a library cop
nobodyyouknow
October 12th, 2012
8:31 pm
Its getting late. 9pm is my bed time. Everybody just shut up so I can get some sleep. i’m gonna dream about that big broad smile of O’bama’s and his moma’.
Dick Allen
October 13th, 2012
3:01 am
Expand Voter’s access, don’t limit them. This is insane to allow one party
to actively hijack the democratic process, and in some cases admit,
that the goal is to unseat the president.
Dick Allen
October 13th, 2012
3:09 am
Mitt may have a plan to win, even if he doesn’t win outright (follow the link below):
http://www.opednews.com/articles/Will-Ohio-s-H-I-G-Owned-E-by-Bob-Fitrakis-121012-282.html
Dick Allen
October 13th, 2012
5:16 am
Stop election theft:
http://www.opednews.com/articles/Will-Ohio-s-H-I-G-Owned-E-by-Bob-Fitrakis-121012-282.html
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