Tagged paper ballot

From DHS Symposium — The Three Basic Requirements for Voting System Security

In a recent posting, I noted that despite current voting systems’ basic flaws, it is still possible to do more to provide the public with details that can provide peace of mind that close contests’ results are not invalid due to technology related problems. Now I should explain what I meant by basic security flaws, especially since that was the topic of a panel I was part of recently, a group of security and/or election professionals on addressing a DHS meeting on security tech transfer.

We agreed on three basic security and integrity requirements that are not met by any existing product:

  1. Fixed-function: each machine should run only one fixed set of software that passed accredited testing and government certification.
  2. Replace not modify: that fixed software set should be able to be modified, and can updated only by being replaced with another certified system.
  3. Validation: all critical components of these systems are required to support election officials’ ability to validate a machine before each election, to ensure that it remains in exactly the same certified configuration as before.

These critical properties are absent today, because of a basic decision made by vendors years ago, to quickly bring new voting technology to market by basing it on ordinary turn of the century PC technology that was, and remains in today’s market, fundamentally unable to support fixed function systems inherently capable of validation. All voting systems today lack these basic properties, and without them, all other security requirements are largely irrelevant — and compliance with current certification requirements is impossible.

Crazy, eh? Then add to that:

  • the remarks of panelist and voting system security expert Matt Bishop of UC Davis on the many software-level security functional problems encountered in reviews of voting systems, problems found despite the official federal testing and certification process intended to find them; and
  • Virginia’s Election Commissioner Edgardo Cortez’s examples of system-level security issues found in their review of voting system that was subsequently banned for use in VA. A few minds were blown in the audience.

The Consensus and One More Thing

The consensus at this DHS event, for both panel and audience, was that any future voting system that is worth having, should be validated by a future testing and certification process that among other goals, specifically required the architecture-level security requirements that I outlined, and focused on the types issues Cortez and Bishop described – and one more thing that’s important for completely different reasons.

That one more thing: future voting systems need to be designed from scratch for ease of use by election officials, so that they don’t have to take today’s extra-ordinary measures with so much human-level effort and human-error-prone work needed to operate these systems with reasonable security that can be demonstrated in the event of disputes.

So, leaving aside “known unknowns” about recent hacks or lack thereof, we have some really important “known knowns” – there is enormous potential for improvement in a wholesale replacement of voting tech that meets the 3 basic integrity requirements above, can be feasibly examined for the issues that our panelists discussed, and can be easily safely operated by ordinary election officials.

— John Sebes

Recounts, Russian Hackers, and Misunderstood Claims

There’s a lot of news media about the Green Party’s push for recounts. Some is accurate, some is wildly alarmist, but most of what I’ve read misses a really key point that you need to understand, in order to make up your own mind about these issues, especially claims of Russian hacking.

For example, University of Michigan’s Dr. Alex Halderman is advising the Green Party, and is considerably quoted recently about the possible attacks that could be made on election technology, especially on the “brains” of a voting system, the Election Management System (EMS) that “programs” all the voting machines, and collates their tallies, yet is really just some fairly basic desktop application software running on ancient MS Windows. Though sometimes complex to explain, Halderman and others are doing a good job explaining what is possible in terms of election-result-altering attacks.

In response to these explanations, several news articles note that DHS, DNI, and other government bodies take the view that it would be “extremely difficult” for nation state actors to carry out exploits of these vulnerabilities. I don’t doubt that DHS cyber-security experts would rank exploits of this kind (both effective and also successful in hiding themselves), as on the high end of the technical difficulty chart, out there with hacking Iranian uranium enrichment centrifuges.

Here’s the Problem: “extremely difficult” has nothing to do with how likely it is that critical election systems might or might not have been penetrated.

It is a completely different issue to compare the intrinsic difficulty level with the capabilities of specific attackers. We know full well that attacks of this kind, while high on technical difficulty, are totally feasible for a few nation state adversaries. It’s like noting that a particular class of technical Platform Diving has a high intrinsic difficulty level beyond the reach of most world class divers, but also noting that the Chinese team has multiple divers who are capable of performing those dives.

You can’t just say “extremely difficult” and completely fail to check whether one of those well known capable divers actually succeeded in an attempt — especially during a high stakes competition. And I think that all parties would agree that a U.S. Presidential election is pretty high stakes. So …

  • 10 out of 10 points for security experts explaining what’s possible.
  • 10 out of 10 points for DHS and others for assessing the possibilities as being extremely difficult to do.
  • 10 out of 10 points for several news organizations reporting on these complex and scary issues; and
  • 0 out of 10 points for news and media organizations concluding that because some attacks are difficult, they probably didn’t happen.

Personally, I don’t have any reason to believe such attacks occurred, but I’d hate to deter anybody from looking into it, as a result of confusing level of difficulty with level of probability.

— John Sebes

Accurate Election Results in Michigan and Wisconsin is Not a Partisan Issue

counties

Courtesy, Alex Halderman Medium Article

In the last few days, we’ve been getting several questions that are variations on:

Should there be recounts in Michigan in order to make sure that the election results are accurate?

For the word “accurate” people also use any of:

  • “not hacked”
  • “not subject to voting machine malfunction”
  • “not the result of tampered voting machine”
  • “not poorly operated voting machines” or
  • “not falling apart unreliable voting machines”

The short answer to the question is:

Maybe a recount, but absolutely there should be an audit because audits can do nearly anything a recount can do.

Before explaining that key point, a nod to University of Michigan computer scientists pointing out why we don’t yet have full confidence in the election results in their State’s close presidential election, and possibly other States as well. A good summary is here and and even better explanation is here.

A Basic Democracy Issue, not Partisan

The not-at-all partisan or even political issue is election assurance – giving the public every assurance that the election results are the correct results, despite the fact that bug-prone computers and human error are part of the process. Today, we don’t know what we don’t know, in part because the current voting technology not only fails to meet the three (3) most basic technical security requirements, but really doesn’t support election assurance very well. And we need to solve that! (More on the solution below.)

A recount, however, is a political process and a legal process that’s hard to see as anything other than partisan. A recount can happen when one candidate or party looks for election assurance and does not find it. So it is really up to the legal process to determine whether to do a recount.

While that process plays out let’s focus instead on what’s needed to get the election assurance that we don’t have yet, whether it comes via a recount or from audits — and indeed, what can be done, right now.

Three Basic Steps

Leaving aside a future in which the basic technical security requirements can be met, right now, today, there is a plain pathway to election assurance of the recent election. This path has three basic steps that election officials can take.

  1. Standardized Uniform Election Audit Process
  2. State-Level Review of All Counties’ Audit Records
  3. State Public Release of All Counties Audit Records Once Finalized

The first step is the essential auditing process that should happen in every election in every county. Whether we are talking about the initial count, or a recount, it is essential that humans do the required cross-check of the computers’ work to detect and correct any malfunction, regardless of origin. That cross-check is a ballot-polling audit, where humans manually count a batch of paper ballots that the computers counted, to see if the human results and machine results match. It has to be a truly random sample, and it needs to be statistically significant, but even in the close election, it is far less work than a recount. And it works regardless of how a machine malfunction was caused, whether hacking, manipulation, software bugs, hardware glitches, or anything.

This first step should already have been taken by each county in Michigan, but at this point it is hard to be certain. Though less work than a recount, a routine ballot polling audit is still real work, and made harder by the current voting technology not aiding the process very well. (Did I mention we need to solve that?)

The second step should be a state-level review of all the records of the counties’ audits. The public needs assurance that every county did its audit correctly, and further, documented the process and its findings. If a county can’t produce detailed documentation and findings that pass muster at the State level, then alas the county will need to re-do the audit. The same would apply if the documentation turned up an error in the audit process, or a significant anomaly in a difference between the human count and the machine count.

That second step is not common everywhere, but the third step would be unusual but very beneficial and a model for the future: when a State is satisfied that all counties’ election results have been properly validated by ballot polling audit, the State elections body could publicly release all the records of all the counties’ audit process. Then anyone could independently come to the same conclusion as the State did, but especially election scientists, data scientists, and election tech experts. I know that Michigan has diligent and hardworking State election officials who are capable of doing all this, and indeed do much of it as part of the process toward the State election certification.

This Needs to Be Solved – and We Are

The fundamental objective for any election is public assurance in the result.  And where the election technology is getting in the way of that happening, it needs to be replaced with something better. That’s what we’re working toward at the OSET Institute and through the TrustTheVote Project.

No one wants the next few years to be dogged by uncertainly about whether the right person is in the Oval Office or the Senate. That will be hard for this election because of the failing voting machines that were not designed for high assurance. But America must say never again, so that in two short years and four years from now, we have election infrastructure in place that was designed from ground-up and purpose-built to make it far easier for election officials to deliver election results and election assurance.

There are several matters to address:

  • Meeting the three basic security requirements;
  • Publicly demonstrating the absence of the vulnerabilities in current voting technology;
  • Supporting evidenced-based audits that maximize confidence and minimize election officials’ efforts; and
  • Making it easy to publish detailed data in standard formats, that enable anyone to drill down as far as needed to independently assess whether audits really did the job right.

All that and more!

The good news (in a shameless plug for our digital public works project) is that’s what we’re building in ElectOS. It is the first openly public and freely available set of election technology; an “operating system” of sorts for the next generation of voting systems, in the same way and Android is the basis for much of today’s mobile communication and computing.

— John Sebes

Old School, New Tech: What’s Really Behind Today’s Elections

Many thanks to coverage by Bloomberg’s Michaela Ross, on election tech and cyber-security.

Given so much at stake for this election with its credibility rocked by claims of rigging, and so much more at stake as we move ahead to replace and improve our election infrastructure, I’m rarely enthused about reading more about how some people think Internet voting is great, and others think it is impossible.  However, Ms. Ross did a great job of following that discussion about how “Old School May Be Better” with supporting remarks from many long time friends and colleagues in election administration and technology worlds.

Where I’d like to respond is to re-frame the “old” part of “old school” and to reject one remark from a source that Ross quoted: They’re pretending what we do today is secure … There’s not a mission critical process in the world that uses 150-year-old technology.” Three main points here:

  1. There is plenty of new technology in the so-called old school;
  2. No credible election expert pretends that our ballots are 100% secure, not even close; and
  3. That’s why we have several new and old protections on the election process, including some of that new technology.

Let me address that next in three parts, mostly about what’s old and what’s new, then circle back to the truth about security, and lastly a comment on iVoting that I’ll most defer to a later re-up on the iVoting scene.

Old and New

Here is what’s old: paper ballots. We use them because we recognize the terrible omission in voting machines from the late 19th century mechanical lever machines (can be hacked with toothpicks, tampered with screwdrivers, and retain no record of any voter’s intent other than numbers on odometer dials) and many of today’s paperless touchscreens: “hack-able” and “tamper-able” even more readily, and likewise with no actual ballot other than bits on a disk. We use paper ballots (or paper-added touchscreens as a stop-gap) because no machine can be trusted to accurately record every voter’s intent. We need paper ballots not just for disputes and recounts, but fundamentally as a way to cross check the work of the machines.

Here’s what’s new: recently defined scientific statistical methods to conduct a routine ballot audit for every election, to cross check the machines’ work, with far less effort and cost than today’s “5% manual count and compare” and variant methods used in some states. It’s never been easier to use machines for rapid counts and quick unofficial results, and then (before final results) to detect and correct instances of machine inaccuracies whether from bugs, tampering, physical failure, or other issues. It’s called Risk Limiting Audit or RLA.

Here’s what new-ish: the new standard approach is for paper ballots to be rapidly machine counted using optical scanners and digital image processing software. There are a lot of old clunky and expensive (to buy, maintain, and store) op-scanners still in use, but this isn’t “150 years old,” any more than our modern ballots are like the old 19th-century party-machine-politics balloting that was rife with fraud that led to the desire for the old lever machines. However, these older machines have low to no support for RLA.

Here’s what’s newer: many people have mobile computers in their pocket that can run optical-capture and digital image processing. It’s no longer a complicated job to make a small, inexpensive device that can read some paper, record what’s on it, and retain records that humans can cross check. There’s no reason why the op-scan method needs to be old and clunky. And with new systems, it is easy to keep the type of records (technically, a “cast vote record” for each ballot) needed for easy support for RLA.

And finally, here’s the really good part: innovation is happening to make the process easier and stronger, both here at the OSET Institute and elsewhere ranging from local to state election officials, Federal organizations like EAC and NIST, universities, and other engines of tech innovation. The future looks more like this:

  • Polling place voting machines called “ballot marking devices” that use a familiar inexpensive tablet to collect a voter’s ballot choices, and print them onto a simple “here’s all and only what you chose” ballot to
    be easily and independently verified by the voter, and cast for optical scanning.
  • Devices and ballots with professionally designed and scientifically tested usability and accessibility for the full range of voters’ needs.
  • Simple inexpensive ballot scanners for these modern ballots.
  • Digital sample ballots using the voter’s choice of computer, tablet, or phone, to enable the voter to take their own time navigating the ballot, and creating a “selections worksheet” that can be scanned into a
    ballot marking device to confirm, correct if needed, and create the ballot cast in a polling place
  • or to be used in a vote-by-mail  process, without the need to wait for an official blank ballot to arrive in the mail.
  • And below that tip of the iceberg for the critical ballot-related operations, there is a range of other innovations to streamline voter registration, voter check-in, absentee ballot processing, voter services
    and apps to navigate the whole process and avoid procedural hurdles or long lines, interactive election results exploration and analytics, and more
  •   and all with the ability for election official to provide open public data on the outcome of the whole election process, and every voter’s success in participation or lack thereof.

That’s a lot of new tech that’s in the pipeline or in use already, but in still in the old school.

Finally, two last points to loop back to Michaela’s article.

Election Protection in the Real World

First, everyone engaged in elections knows that no method of casting and counting ballots is secure.

  • Vote by mail ballots go to election officials by mail passing through many hands, not all of which may seem trustworthy to the voters.
  • Email ballots and other digital ballots go to election officials via the Internet — again via many “virtual hands” that are definitely not trustworthy — and to computers that election officials may not fully control.
  • Polling place ballots in ballot boxes are transported by mere mortals who can make mistakes, encounter mishaps, and as in a very few recent historical cases, may be dishonest insiders.
  • Voting machines are easily tampered with by those with physical access, including temp workers and contractors in warehouses, transportation services, and pre-election preparations.
  • The “central brains” behind the voting machines is often an ordinary antique PC with no real protection in today’s daunting threat environment.
  • The beat goes on with voter records systems, electronic poll books, and more.

That’s why today’s election officials work so hard on the people and processes to contain these risks, and retain control over these vital assets throughout a complex process that — honestly, going forward — could be a lot simpler and easier with innovations designed to reduce the level of effort and complexity of these same type of protections.

The Truth About iVoting Today

Secondly, lastly, and mostly for another time: Internet voting. It’s desirable, it will likely happen someday, and it will require a solid R&D program to invent the tech that can do the job with all the protections — whether against, fraud, coercion, manipulation, and accidental or intention disenfranchisement — the we have today in our state-managed, locally-operated, and (delightfully but often frustratingly) hodge podge process of voting in 9,000+ jurisdictions across the US.  I repeat, all, no compromises; no waving the magic fairy wands of trust-me-it-works-because-it-is-cool or blockchains or so-called “military grade” encryption or whatever the latest cool geek cred item is.

In the meantime short-term, we have to shore up the current creaky systems and process, especially to address the issues of “rigging,” and the crazy amount of work election professionals have to do get the job done and maintain order and trust.

And then we have to replace the current systems in the existing process with innovations that also serve to increase trust and transparency. If we don’t fix the election process that we have now, and soon, we risk the hasty addition of i-voting systems that are just as creaky and flawed, hastily adopted, and poorly understood, the same as the paperless voting machines that adopted more than a decade ago.

We can do better, in the short-term and long, and we will.  A large and growing set of election and tecnology folks, in organizations of many kinds, are dedicated to making these improvements happen, especially as this election cycle has shown us all how vitally important it is.

— John Sebes

Poster and Slides from OSDV at NIST Workshop on Common Data Format Standards

Many thanks to the engaged audience for OSDVer Anne O’Flaherty’s presentation yesterday at National Institute of Standards and Technology (NIST), which hosted a workshop on Common Data Formats (CDFs) and standards for data interchange of election data.

We had plenty to say, based on our 2012 work with Virginia State Board of Elections (SBE), because that collaboration depends critically on CDFs. Anne and colleagues did a rather surprising amount of data wrangling over many weeks to get things all hooked up right, and the lessons learned are important for continuing work in the standards body, both NIST and the IEEE group working on CDF standards.

As requested by the attendees, here are online versions of the poster and the slides for the presentation “Bringing Transparency to Voter Registration and Absentee Voting.”

BringingTransparencyToVoterRegistrationAndAbsenteeVotingNISTfeb2012

Download Slides

OSDV_Poster_NIST_Feb_2013

View Full-Size Poster

Exactly Who is Delivering Postal Ballots? and Do We Care?

An esteemed colleague noted the news of the USPS stopping weekend delivery, as part of a trend of slow demise of the USPS, and asked: will we get to the point where vote-by-mail is vote-by-Fedex? And would that be bad, having a for-profit entity acting as the custodian for a large chunk of the ballots in an election?

The more I thought about it, the more flummoxed I was. I had to take off the geek hat and dust off the philosopher hat, looking at the question from a viewpoint of values, rather than (as would be my wont) requirements analysis or risk analysis. I goes like this …

I think that Phil’s question is based on assumption of some shared values among voters — all voters, not just those that vote by mail — that make postal voting acceptable because ballots are a “government things” and so is postal service. Voting is in part an act of faith in government to be making a good faith effort to do the job right, and keep the operations above a minimum acceptable level of sanity. It “feels OK” to hand a marked ballot to my regular neighborhood post(wo)man, but not to some stranger dropping off a box from a delivery truck. Translate from value to feeling to expectation: it’s implied that we expect USPS staff to know that they have a special government duty in delivering ballots, and to work to honor that duty, regarding the integrity of those special envelopes as a particular trust, as well as their timely delivery.

  • Having re-read all that, it sounds so very 20th century, almost as antique as lever machines for voting.

I don’t really think that USPS is “the government” anymore, not in the sense that the journey of a VBM ballot is end-to-end inside a government operation. I’m not sure that Fedex or UPS are inherently more or less trustworthy. In fact they all work for each other now! And certainly in some circumstances the for-profit operations may to some voters feel more trustworthy — whether because of bad experiences with USPS, or because of living overseas in a country that surveils US citizens and operates the postal service.

Lastly, I think that many people do share the values behind Phil’s question — I know I do. The idea makes me wobbly. I think it comes down to this:

  • If you’re wobbly on for-profit VBM, then get back into the voting booth, start volunteering to help your local election officials, and if they are effectively outsourcing any election operations to for-profit voting system vendors, help them stop doing so.
  • If you not wobbly, then you’re part of trend to trusting — and often doing — remote voting with significant involvement from for-profit entities – and we know where that is headed.

The issue with USPS shows that in the 21st century, any form of remote voting will involve for-profits, whether it is Fedex for VBM, or Amazon cloud services for i-voting. My personal conclusions:

  • Remote voting is lower integrity no matter what, but gets more people voting because in-person voting can be such a pain.
  • I need to my redouble efforts to fix the tech so that in-person voting is not only not a pain, but actually more desirable than remote voting.

— EJS

The Root Cause — Long Lines, Late Ballot Counts, and Election Dysfunction in General

I’ve spent a fair bit of time over the last few days digesting a broad range of media responses to last week’s election’s operation, much it reaction to President Obama’s “we’ve got to fix that” comment in his acceptance speech. There’s a lot of complaining about the long lines, for example, demands for explanation of them, or ideas for preventing them in te future — and similar for the difficulty that some states and counties face for finishing the process of counting the ballots. It’s a healthy discussion for the most part, but one that makes me sad because it mostly misses the main point: the root cause of most election dysfunction. I can explain that briefly from my viewpoint, and back that up with several recent events.

The plain unvarnished truth is that U.S. local election officials, taken all together as the collective group that operates U.S. federal and state elections, simply do not have the resources and infrastructure to conduct elections that

  • have large turnout and close margins, preceded by much voter registration activity;
  • are performed with transparency that supports public trust in the integrity of the election being accessible, fair, and accurate.

There are longstanding gaps in the resources needed, ranging from ongoing budget for sufficient staff, to inadequate technology for election administration, voting, counting, and reporting.

Of course in any given election, there are local elections operations that proceed smoothly, with adequate resources and physical and technical infrastructure. But we’ve seen again and again, that in every “big” election, there is a shifting cast of distressed states or localities (and a few regulars), where adminstrative snafus, technology glitches, resource limits, and other factors get magnified as a result of high participation and close margins. Recent remarks by Broward County, FL, election officials — among those with the most experience in these matters — really crystalized it for me. When asked about the cause of the long lines, their response (my paraphrase) is that when the election is important, people are very interested in the election, and show up in large numbers to vote.

That may sound like a trivial or obvious response, but consider it just a moment more. Another way of saying it is that their resources, infrastructure, and practices have been designed to be sufficient only for the majority of elections that have less than 50% turnout and few if any state or federal contests that are close. When those “normal parameters” are exceeded, the whole machinery of elections starts grinding down to a snail’s pace. The result: an election that is, or appears to be, not what we expect in terms of being visibily fair, accessible, accurate, and therefore trustworthy.

In other words, we just haven’t given our thousands of localities of election officials what they really need to collectively conduct a larger-than-usual, hotly contested election, with the excellence that they are required to deliver, but are not able to. Election excellence is, as much as any of several other important factors, a matter of resources and infrastructure. If we could somehow fill this gap in infrastructure, and provide sufficient funding and staff to use it, then there would be enormous public benefits: elections that are high-integrity and demonstrably trustworthy, despite being large-scale and close.

That’s my opinion anyway, but let me try to back it up with some specific and recent observations about specific parts of the infrastructure gap, and then how each might be bridged.

  • One type of infrastructure is voter record systems. This year in Ohio, the state voter record system poorly served many LEOs who searched for but didn’t find many many registered absentee voters to whom they should have mailed absentee ballots. The result was a quarter million voters forced into provisional voting — where unlike casting a ballot in a polling place, there is no guarantee that the ballot will be counted — and many long days of effort for LEOs to sort through them all. If the early, absentee, and election night presidential voting in Ohio had been closer, we would still be waiting to hear from Ohio.
  • Another type of infrastucture is pollbooks — both paper, and electronic — and the systems that prepare them for an election. As usual in any big election, we have lots of media anecdotes about people who had been on these voter rolls, but weren’t on election day (that includes me by the way). Every one of these instances slows down the line, causes provisional voting (which also takes extra time compared to regular voting), and contributes to long lines.
  • Then there are the voting machines. For the set of places where voting depends on electronic voting machines, there are always some places where the machines don’t start, take too long get started, break, or don’t work right. By now you’ve probably seen the viral youtube video of the touch screen that just wouldn’t record the right vote. That’s just emblematic of the larger situation of unreliable, aging voting systems, used by LEOs who are stuck with what they’ve got, and no funding to try to get anything better. The result: late poll opening, insufficient machines, long lines.
  • And for some types of voting machines — those that are completely paperless — there is simply no way to do a recount, if one is required.
  • In other places, paper ballots and optical scanners are the norm, but they have problems too. This year in Florida, some ballots were huge! six pages in many cases. The older scanning machines physically couldn’t handle the increased volume. That’s bad but not terrible; at least people can vote. However, there are still integrity requirements — for example, the voters needs to put their unscanned ballots in an emergency ballot box, rather than entrust a marked ballot to a poll worker. But those crazy huge ballots, combined with the frequent scanner malfunction, created overstuffed full emergency ballot boxes, and poll workers trying to improvise a way store them. Result: more delays in the time each voter required, and a real threat to the secret ballot and to every ballot being counted.

Really, I could go on for more and more of the infrastructure elements that in this election had many examples of dysfunction. But I expect that you’ve seen plenty already. But why, you ask, why is the infrastructure so inadequate to the task of a big, complicated, close election conducted with accessibility, accuracy, security, transparency, and earning public trust? Isn’t there something better?

The sad answer, for the most part, is not at present. Thought leaders among local election officials — in Los Angeles and Austin just to name a couple — are on record that current voting system offerings just don’t meet their needs. And the vendors of these systems don’t have the ability to innovate and meet those needs. The vendors are struggling to keep up a decent business, and don’t see the type of large market with ample budgets that would be a business justification for new systems and the burdensome regulatory process to get them to market.

In other cases, most notably with voter records systems, there simply aren’t products anymore, and many localities and states are stuck with expensive-to-maintain legacy systems that were built years ago by big system integrators, that have no flexibility to adapt to changes in election administration, law, or regulation, and that are too expensive to replace.

So much complaining! Can’t we do anything about it? Yes. Every one of those and other parts of election infrastructure breakdowns or gaps can be improved, and could, if taken together, provide immense public benefit if state and local election officials could use those improvements. But where can they come from? Especially if the current market hasn’t provided, despite a decade of efforts and much federal funding? Longtime readers know the answer: by election technology development that is outside of the current market, breaks the mold, and leverages recent changes in information technology, and the business of information technology. Our blog in the coming weeks will have several examples of what we’ve done to help, and what we’re planning next.

But for today, let me be brief with one example, and details on it later. We’ve worked with state of Virginia to build one part of new infrastructure for voter registration, and voter record lookup, and reporting, that meets existing needs and offers needed additions that the older systems don’t have. The VA state board of elections (SBE) doesn’t pay any licensing fees to use this technology — that’s part of what open source is about. The don’t have to acquire the software and deploy it in their datacenter, and pay additional (and expensive) fees to their legacy datacenter operator, a government systems integrator. They don’t have to go back to the vendor of the old system to pay for expensive but small and important upgrades in functionality to meet new election laws or regulations.

Instead, the SBE contracts with a cloud services provider, who can — for a fraction of the costs in a legacy in-house government datacenter operated by a GSI — obtain the open-source software, integrate it with the hosting provider’s standard hosting systems, test, deploy, operate, and monitor the system. And the SBE can also contract with anyone they choose, to create new extensions to the system, with competition for who can provide the best service to create them. The public benefits because people anywhere and anytime can check if they are registered to vote, or should get an absentee ballot, and not wait like in Ohio until election day to find out that they are one in a quarter million people with a problem.

And then the finale, of course, is that other states can also adopt this new voter records public portal, by doing a similar engagement with that same cloud hosting provider, or any other provider of their choice that supports similar cloud technology. Virginia’s investment in this new election technology is fine for Virginia, but can also be leveraged by other states and localities.

After many months of work on this and other new election technologies put into practical use, we have many more stories to tell, and more detail to provide. But I think that if you follow along and see the steps so far, you may just see a path towards these election infrastructure gaps getting bridged, and flexibly enough to stay bridged. It’s not a short path, but the benefits could be great: elections where LEOs have the infrastructure to work with excellence in demanding situations, and can tangibly show the public that they can trust the election as having been accessible to all who are eligible to vote, performed with integrity, and yielding an accurate result.

— EJS

NJ Election Officials, Displaced Voters, Email Ballots, and more

There’s plenty of activity in the NY/NJ area reacting to voters’ difficulties because of Super-Storm Sandy, including being displaced from their homes or otherwise unable to get to polling places. As always, the role of technology captured my attention.

But first, the more important points. Some displaced people are having trouble even finding a place to shelter temporarily, so extra special kudos to those that manage to vote, whatever the method of voting they use. Likewise, extra praise for NJ and NY election officials putting in the extra extra-hours to be available to voters in advance of the election, inform them about changed polling places, and equip them to get the word out to their neighbors. The amount of effort on both sides is a great indicator of how seriously people take this most important form of civic activity.

Next, the technology, and then the policy. On the technology front, Gov. Christie of NJ announced an emergency (and I hope temporary) form of voting for displaced voters: sending an absentee ballot via email. That’s a bad idea in the best of circumstances — for several reasons including the vulnerability of the email data in transit and at rest, and the control of the e-ballot by people who are not election officials — and these are not the best of circumstances. For example, I doubt that in every county elections office in NJ, somebody has a complete list of the people with access to the email server and the ability to view and modify data on it.  But while you can see that Christie’s heart in the right place, there are several issues beyond these, as described in a NJ news report here.

And this is only one of the emergency measures. In both NJ and NY people can cast a provisional ballot at any polling location — see NJ’s announcement here, and if you have the similar one for NY, please provide it as a comment!

Finally, on the policy side, it’s not even clear what these ballots represent, and that’s the policy problem. My legal and policy colleagues here at TTV, and in the legal side of the election integrity community, certainly know more, but I don’t! Are the provisional ballots cast under these emergency rules required to be processed exactly the same as non-emergency provisional ballots? Are the e-mailed ballots provisional ballots or absentee ballots? If so, what serves as the affadavit? Do the email ballots have to be followed up with the paper hardcopy that the voter scanned and faxed? (The NJ Lt. Gov. office has issued some seemingly inconsistent statements on that.) If not, what happens in a recount? If so, why email the ballot at all, rather than just emailing a “my ballot is coming soon” message?

I could go on and on, but I think you get the idea. The general issue is that in the case of a close election (most likely a local election, but state house or congress, you never know!) there will be some of these not-exactly-your-regular ballots involved, and the potential for real disputes — starting with concerns over dis-enfranchisement of people mis-informed about how to do a “displaced vote”, and going all the way to dispute about whether counted ballots should have been counted, and whether uncounted ballots should be counted. But let’s hope that it does not in fact get that messy in NY and NJ, and that every voter is able to make the extra efforts for their ballot to be cast and counted.

— EJS

Tabulator Technology Troubles

In my last post, I recounted an incident from Erie County NY, but deferred to today an account of what the technology troubles were, that prevented the routine use of a Tabulator to create county-wide vote totals by combining count data from each of the opscan paper ballot counting devices. The details are worth considering as a counter-example of technology that is not transparent, but should be.

As I understand the incident, it wasn’t the opscan counting systems that malfunctioned, but rather the portion of the voting system that tabulates the county-wide vote totals. As I described in an earlier post, the ES&S system has no tabulator per se, but rather some aggregation software that is part of the larger body of Election Management System (EMS) software that runs on an ordinary Windows PC. Each opscan devices writes data to a USB stick, and election officials aggregate the data by feeding each stick into the EMS. The EMS is supposed to store all the data on the stick, and add up all the opscan machines’ vote counts into a vote total for each contest.

Last week, though, when Erie County officials tried to do so, the EMS rejected the data sticks. Election officials had no way to use the sticks to corroborate the vote totals that they had made by visually examining the election-night paper-tapes from the 130 opscan devices. Sensible questions: Did the devices’ software err in writing the data to the sticks? If so, might the tapes be incorrect as well? Is the data still there? It turns out that the case was a bug in EMS software, not the devices, and in fact the data on the sticks was just fine. With a workaround on the EMS, the data was extracted from the sticks and used as planned. Further, the workaround did not require a bug fix to the software, which would have been illegal. Instead, some careful hand-crafting of EMS data enabled the software to stop choking on the data from the sticks.

Now, I am not feeling 100% great about the need for such hand-crafting, or indeed about the correctness of the totals produced by a voting system operating outside of its tested ordinary usage. But some canny readers are probably wondering about a simpler question. If the data was on the sticks, why not simply copy the files off the stick using a typical PC, and examine the contents of the files directly? With 40-odd contests countywide and a 100-odd sticks and paper tapes, it’s not that much work to just look at the them to whether the numbers on each stick match those on the tapes. Answer: the voting system software is set up to prevent direct examination, that’s why! The vote data can only be seen via the software in the EMS. And when that software glitches, you have to wonder about what you’re seeing.

This is at least one area where better software design can lead to higher confidence system: write-once media for storing each counting device’s tallies; use of public standard data formats so that anyone examine the data; use of human-usable formats so that anyone can understand the data; use of a separate, single-purpose tabulator device that operates autonomously from the rest of the voting system; publication of the tally data and the tabulator’s output data, so that anyone can check the correct results either manually or with their choice of software. At least that’s the TrustTheVote approach that we’re working out now.

— EJS

Tabulator Troubles in New York

Behind the election news in Buffalo, NY, there is a cautionary tale about voting system complexity and confidence. The story is about a very close race for the state Senate’s 60th district. One news article includes a reference to “software problems with the new electronic voting machines in Erie County.”

The fundamental issue here is whether to trust the vote count numbers, in a case where the race is very close and where the voting system malfunctioned at least once, because of a software bug later identified by the vendor. If one part of the system malfunctioned, shouldn’t we also be concerned that another part may also have malfunctioned? An error on even one of the over a 100 paper-ballot-counting devices could easily swamp the very small margin between the top two candidates.

Those are good questions, and as frequent readers will already know, the typical answer is “audit”, that is, hand-counting a portion of the paper ballots to ensure that the hand-counts match the machine counts, using statistical science to guide how many ballots to hand count to achieve confidence that the overall election results are valid. That’s what the state of Connecticut — another recent adopter of paper ballots over lever machines — is doing with a manual count of ballots from 73 of the 734 precincts statewide.

But that’s not happening in Buffalo (as far as I can tell), where instead there is wrangling over doing a full re-count, with confusion over the voting system malfunction muddying the waters. And that’s a shame, because election technology properly used (including routine audits) should not cause this kind of legal activity over the validity of an election result — in this case an important one that could influence party control in the state Senate, with re-districting on the horizon.

But some of the finger-point goes to the technology too. What actually malfunctioned? Could the glitch have effect the election result? What can we learn from the incident? Questions for next time …

— EJS