17-803/17-400 ELECTRONIC VOTING FALL 2004 COPYRIGHT © 2004 MICHAEL I. SHAMOS 17-803/17-400 Electronic Voting Session 7: Tabulation, Recounts and Contests.

17-803/17-400 ELECTRONIC VOTING FALL 2004

COPYRIGHT © 2004 MICHAEL I. SHAMOS

17-803/17-400 Electronic Voting

Session 7:Tabulation, Recounts and Contests

Michael I. Shamos, Ph.D., J.D.Institute for Software Research International

Carnegie Mellon University



Outline

• Tabulation (tallying)• Determination of the winner (canvass)• Recounts• Challenging the result (election contest)

– Revote?

• Review of news stories



Tallying

• Method depends on machine• Lever• Punched-card

– Precinct count– Central count

• Optical scan– Precinct count– Central count

• DRE– Precinct tabulation– Central tabulation

Lever Machines



Canvass

• The process of assembling verified vote totals• Local• County• State



Local Canvass• “All proceedings at the polling place and at any central counting location

shall be open to the public, but no person, except those employed and authorized for the purpose, may touch any ballot, container, envelope, return or equipment.” Wisc. Stat. §5.87

• Canvass procedure. Immediately after the polls close the inspectors shall proceed to canvass publicly all votes received at the polling place … The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass is completed and the return statements are made. Wisc. Stat. §7.51(1)

• Tallying. The election officials shall examine the ballots or record of votes cast for write-in votes and shall count and tabulate the write-in votes. Wisc. Stat. §7.58(2) The procedure for tabulating the votes by the automatic tabulating equipment shall … conform to the requirements of the automatic tabulating equipment. Wisc. Stat. §5.87

http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=58842483&infobase=stats.nfo&jump=ch.%205








Local Canvass• Securing the ballots. Where voting machines are used, as soon as the count

is complete and fully recorded, the inspectors shall seal, close and lock the machine, or remove the record so it cannot be voted on or tampered with. Wisc. Stat. §7.51(3)(c)

• Announce and report. The tally sheets shall state the total number of votes cast for each office and for each individual receiving votes for that office … At least 3 inspectors … and at least one inspector representing each political party, shall then certify to the correctness of the statements and tally sheets and sign their names … When the tally is complete, the inspectors shall publicly announce the results from the statements. Wisc. Stat. §7.51(4)(a)

• Returns. The inspectors shall make full and accurate return of the votes cast for each candidate and proposition … The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the municipal clerk. Wisc. Stat. §7.51(5)(a)









County Canvass

• Canvassing. Not later than 9 a.m. on the Thursday after each election the county board of canvassers shall open and publicly examine the returns. Wisc. Stat. §7.60(2)

• Reporting. Immediately following the canvass, the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for [each office]. … The county clerk shall deliver or transmit the certified statement to the elections board no later than … 10 days after [the] election. Wisc Stat. §7.60(5)(a)

• Certificate of election. Immediately after expiration of the time allowed to file a petition for a recount the county clerk shall issue a certificate of election to each person who is elected to any county office. Wisc. Stat. §7.60(6)









State Canvass

• Recording. Upon receipt of the certified statements from the county clerks, the elections board shall record the election results by counties and file and carefully preserve the statements. Wisc. Stat. §7.70(1)(a)

• Whenever it appears upon the face of any statement that an error has been made in reporting or computing, the elections board may return it to the county clerk for correction. Wisc. Stat. §7.70(1)(b)

• Canvassing. The chairperson of the board … shall publicly canvass the returns and make his or her certifications and determinations on or before … the first day of December following a general election. Wisc Stat. §7.70(3)(a)

• Wisconsin 2000 Canvass









What is a Recount?

• A “recount” is not a “revote”• The voter’s intent must be determined, where possible• Intent is never an issue with DRE machines• Nature of recount depends on the voting system

– Document ballots• recount with tabulating equipment• recount manually

– Lever machines• retotal

– DRE machines• retotal• use audit trail



Recount Types• Automatic

– e.g. California requires a manual recount in 1% of precincts chosen at random by election officials

• Close Election– e.g. Alabama: recount required if the margin is less than 0.5% unless opponent

waives– Arizona: margin is less than the smallest of

• 0.1% or

• 200 votes if the total number of votes cast is more than 25,000 in a state office

• 50 votes if the total number of votes cast is 25,000 or less in a state office• 50 votes in the case of a member of the legislature• 10 votes for a city, town, county or subdivision election.



Recount Types

• Candidate-Initiated– Ohio: any candidate declared not elected– BUT: must pay a fee for each precinct recounted, set by

Elections Board

• Voter-Initiated– Ohio: Any five voters who voted for the loser may petition for

a recount in a precinct– BUT: must pay a fee set by Elections Board

Recount Procedure• The board of canvassers shall first compare the poll lists and determine the number

of voting electors. Wisc. Stat. §9.01(1)(b)1

• The board of canvassers shall then examine the absentee ballot envelopes. Wisc. Stat. §9.01(1)(b)2

• They shall then examine the container or bag containing the ballots to be certain it has not been tampered with, opened, or opened and resealed. Any irregularities or possible tampering with the container or bag shall be noted. Wisc. Stat. §9.01(1)(b)3

• In recounting the votes cast on a voting machine in which the record of the votes cast is contained in the machine, the board of canvassers shall make a record of the number of the seal, if any, the number of the protective counter or other device, if one is provided, and shall open the recording compartment of the machine, and without unlocking the machine against voting, shall recount the votes thereon. If the machine is an electronic voting machine utilizing a detachable record of votes cast, the record shall be retabulated. Wisc. Stat. §9.01(1)(b)6











Contested Elections

• Irregularities may occur in an election that cannot be fixed by recounting, e.g. allowing ineligible people to vote

• An election result can be set aside if it is “contrary to the will of the electorate.” [Ohio]

• Process is statutory and must be followed strictly.• Petition: must be signed by at least 25 voters who voted at the last

election for or against the candidate or issue being contested, or by the defeated candidate.

• Must be filed within 15 days after the results of the election have been “ascertained and announced by the proper authority” or if there is a recount within 10 days after the results have been ascertained and announced.

• Court hears the case without a jury.



Contested Elections

• The court shall pronounce judgment as to which candidate was … elected; … except that in the case of the contest of election of a member of the general assembly such judgment shall not be pronounced by the court but a transcript of all testimony taken … shall be filed with the clerk or executive secretary of the branch of the legislative body to which the contestee was declared elected, which shall determine the election and qualification of its own members. Ohio Rev. Code §3515.14

• The person against whom judgment is rendered in a contest of election may appeal on questions of law, within twenty days, to the supreme court; but such appeal shall not supersede the execution of the judgment of the court. Such appeal takes precedence over all other causes upon the calendar. Ohio Rev. Code §3515.15



What About a Revote?

• Very rare• Irregularity must change the result of the election• It must be impossible to determine who won the election• “If the court or legislative body trying a contested election determines there

were irregularities of sufficient magnitude to cast doubt on the validity of the initial election, it may order a new election for the contested office or on the contested question. No. Rev. Stat. §115.593

• Not clear it’s possible in a Presidential election– has never happened

• “The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. U.S. Const. Art. II.1.4

• All voters, or just the ones who voted originally?



Louisiana Revote, Nov. 13, 2003

• Grant Parish discovered that an election worker double entered electronic absentee ballot votes in a police jury race.

• The error initially threw the race to incumbent Julius Scott. • Scott’s opponent, Barney Durand, noticed there were more absentee

votes than there were absentee voters. Durand challenged the results• When the absentee votes cast were counted once instead of twice,

the race went to Durand instead of Scott.• Despite the election officials’ assurance that the revised vote count

was accurate, Scott contested the revised results and a revote was held.

• Durand won the revote.



QA&

17-803/17-400 ELECTRONIC VOTING FALL 2004 COPYRIGHT © 2004 MICHAEL I. SHAMOS 17-803/17-400 Electronic Voting Session 7: Tabulation, Recounts and Contests.

Documents

electronic voting fall

shamos local canvass

canvass procedure

electronic voting session

voting machines

record of votes

writein votes

shamos outline tabulation