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Preliminary Analysis Of E-Voting Problems Highlights Need For Heightened Standards And Testing

Authors:
PRELIMINARY ANALYSIS OF E-VOTING PROBLEMS HIGHLIGHTS
NEED FOR HEIGHTENED STANDARDS AND TESTING
NRC WHITEPAPER
DEIRDRE MULLIGAN,1 JOSEPH LORENZO HALL2
Introduction
The computer science and voter protection communities were anxious leading up to the
general election on November 2, 2004. Electronic voting machines, especially the
increasingly popular paperless Direct Recording Electronic (DRE) voting machines, had
received much scrutiny and it had become clear that DREs had numerous failings
including a lack of end-to-end auditability and security and privacy vulnerabilities.3,4
While the 2004 general election was not the technological nightmare some envisioned,
there were isolated disasters, widespread reports of problems related to human factors
and a number of tabulation irregularities, some of them recoverable, some not.
In a preliminary analysis, this whitepaper explores the relationship between current
standards and certification procedures for voting systems and reports of technology
failure during the 2004 general election. First, the paper briefly sets out the current
standards and documents the gaps therein. Second, the paper sets out the certification
process for voting systems. Third, the paper classifies and discusses representative
examples of technology failure that occurred during the 2004 election. Finally, the paper
examines the incidents of technology failure to identify why they were not caught
through the various testing and certification procedures. The paper concludes that current
voting system standards are inadequate; fully certified systems exhibited critical
problems due to gaps in the standards and the certification process. For example, there
are no federal guidelines that speak to human factor issues in electronic voting and many
complaints recorded by voter protection groups in the 2004 election specifically
implicated issues of usability. In addition, the federal qualification system for DRE
voting machines is inadequate and incomplete: it is evident that significant problems
slipped through the cracks resulting in polling place or tabulation failures in 2004. The
paper makes several recommendations to address the failures in standards and testing to
ensure that problems with DRE voting systems evident in 2004 are corrected. In the
specific case of counting failures, we conclude that the failures in 2004 provide ample
evidence of the need for routine, end-to-end auditability using audit trails that represent
the intent of the voter in DRE systems. The paper recommends that voting research,
lying somewhere between basic and applied research, should receive additional funding.
Standards for Electronic Voting Equipment
Due to technical problems with voting equipment in the 1960s and early 1970s, the
Federal Election Commission’s (FEC) Office of Election Administration (OEA)
requested that the National Bureau of Standards (NBS) (predecessor to the National
Institute of Standards and Technology (NIST)) conduct two studies over the following
decade. The first explored the use of computerized technology in vote tallying and found
a need for guidelines for computerized vote-tallying systems.5 This report argued that
such standards would help election officials to normalize the difficulties inherent in
making purchasing decisions in an environment with little computer expertise, little
market leverage per election official and a staggering variety of state regulation that
ranged from full independent testing to none whatsoever.6 The second study explored the
feasibility of developing voluntary standards for all voting systems.7
The end result was the FEC’s Voting System Standards (VSS) published in 1990.8 While
establishing a set of voting equipment guidelines, the FEC 1990 VSS lacked guidance in
the areas of security and privacy protection, human factors, voting system documentation,
configuration management and quality assurance.9 Those standards were not addressed
and presumably deferred for a future VSS.
The VSS stagnated until 2002; voting systems vendors and election officials were left
without guidance in the interim despite the fact that computerized voting technology
continued to increase in sophistication.10,11 Further, once new standards were put in place
in 2002, a complex transitional plan resulted in vendors being allowed to submit their
systems for a final qualification under the 1990 standards as long as they responded to
any deficiencies within 60 days and the subsystems already qualified under 1990 were
grandfathered in and thus exempt from the new standards.12 This resulted in most
vendors qualifying their systems under the old standards. Today, there are only two
newer and rarely used systems qualified in whole or in part against the more recent
voting system standards.13 The majority of voting systems used during the 2004 election
were qualified under the 1990 standards that were widely acknowledged to be outdated
and incomplete in 1997.14
Changes in the 2002 guidelines included standards for security and privacy protection,
accessibility, documentation and configuration. Currently, the 2002 VSS is the standard
for federal qualification; the FEC’s successor, the Election Assistance Commission, is
beginning the process of updating the VSS. The 2002 VSS recognizes certain areas where
standards were needed but not addressed: election administration functions, voter
registration database integration, the use of commercial off-the-shelf (COTS) products,
remote networked (internet) voting,15 and error measurement.16 Notably, the VSS lacks
standards or guidelines that speak effectively to issues of usability and auditability.17,18
Despite the progress made in the 2002 VSS, substantial gaps remain.
Serious problems with balloting during the 2000 presidential election including
incompletely punched punchcards and poorly performing lever machines contributed to 4
to 6 million lost votes according to one estimate.19 These problems were answered
legislatively with the Help America Vote Act of 2002. HAVA established the Election
Assistance Commission, a clearinghouse for information and procedures involved in the
administration of Federal Elections, provided mandatory minimum standards for voting
systems, updated the voting system qualification process and provided funds to upgrade
aging voting equipment. Unfortunately, the EAC commissioners were not appointed until
late 2003 and funding for their work, including updating the VSS, was not fully
appropriated.
The discussion above establishes the background of voting system standards for the
technology used in the 2004 election. The 1990 standards were outdated by 1997, and
new standards were not in place until 2002. Unfortunately, the vast majority of voting
systems used in the 2004 election are qualified against the 1990 standards. As well,
voting systems that meet the 2002 standards may not meet the minimum requirements
under HAVA and certainly do not incorporate requirements such as usability where the
need has been documented but to date no standards have been promulgated. In the
remainder of this paper, we highlight the need for usability and auditability standards and
testing as seen through the problems with the 2004 elections.*
Testing Electronic Voting Equipment
On Election Day, the intent of voters merges with the voting technology they use. With
paperless systems such as DRE voting machines and lever machines that provide no
Voter-Verified Audit Trail20 (VVAT), any failure that affects the recording of the vote or
the integrity of vote data can cause unrecoverable errors. In contrast, with paper-based
systems, individual records can be recounted as a check against tabulation software.
To ensure they function and properly record voters’ intent, voting technologies are
subject to a variety of tests by external entities. In addition to the vendor’s internal
quality assurance procedures and testing, conformance testing against federal voting
systems standards, certification testing against state regulations and procedures, and local
acceptance testing of voting equipment is required in most jurisdictions to ensure that
each voting system delivered operates as expected.21 As we discuss, the lack of core
standards in certain areas and ineffective testing undermine the goal of assuring the
integrity and reliability of voting systems.
Vendor Quality Assurance Testing
Voting system vendors test their voting systems. The goal of such Quality Assurance
testing (QA) is to ensure that a voting system will perform as intended outside of the lab.
This testing can be simple or elaborate and increased QA costs are undoubtedly passed on
to the county or municipality. The voting technology market is small and highly
competitive; there is an opportunity cost between low-cost and well-designed products.22
* We will incorporate other needs, such as privacy and accountability, in the future. See note 18.
Due to the level of secrecy and proprietary protection in the voting technology market, a
reasonably complete survey of vendor QA processes is not available.23 In such a highly
competitive environment that is mission critical to the functioning of a representative
democracy, and in which outcomes are decided by razor-thin margins, vendor QA cannot
on its own be relied upon to provide proof of performance. The importance of external
review is heightened by recent findings that one vendor, Diebold, sold faulty products
and made misrepresentations in California24,25 and posed “considerable security risks” for
Maryland’s election system.26
Federal Qualification Testing
As outlined above, the FEC established a set of voluntary Voting System Standards
(VSS) in 1990 that were updated in 2002. The 2002 standards include:
Performance Standards for functional capabilities, hardware, software,
telecommunications, security, quality assurance (QA), and configuration
management (CM).
Testing Standards for the technical data package, functionality testing, hardware
testing, software testing, system integration testing and CM & QA testing.
Voting systems are tested against the VSS by Independent Testing Authorities (ITAs)
that are certified to conduct these tests by the National Association of State Election
Directors (NASED).27. ITAs certified to test voting systems are Wyle Laboratories
(hardware) and CIBER, Inc. (software) of Huntsville, Alabama and SysTest Laboratories
(both hardware and software) of Denver, Colorado. These ITAs conduct manual and
automated source code review, documentation review, environmental “shake-and-bake”
testing, and some systems-level testing of the full voting system.28 Due to the voluntary
nature of federal qualification, the vendor pays for ITA testing and all reports are
proprietary. Besides the eventual transmission of the qualification report from the ITAs
to NASED/EAC which is the basis for being “NASED qualified,” the process is
completely closed to the public and other third parties; there is no indication as to what
specific tests are conducted to verify that a system fulfills the VSS and no publication of
problems encountered during testing. What little insight that exists into ITA testing
comes from sparse public comment and state access to ITA reports during state
certification.29,30 Each voting system, that does not predate the VSS themselves,31 must
pass both hardware and software testing by an ITA before it is considered “federally
qualified” and given a NASED identification number.32 However, voting subsystems –
for example, polling place DREs or central election management systems – do not have
to be requalified if already submitted; the end result is that the vast majority of voting
systems are currently certified against the 1990 standards, and there are no signs that
vendors will cease their aggressive marketing of these older systems.33
State Certification Testing
States may or may not require voting machines they purchase and use to have federal
qualification. Some states further regulate and test voting systems to ensure that they
meet specific local requirements absent from the federal qualification process or they
may require additional testing where the state has found federal qualification to be
deficient. Specifically, 35 states require both federal qualification and additional state
certification, 9 require only federal qualification, 5 require only state certification
(Arizona, New Hampshire, New Jersey, North Carolina and Vermont) and 2 require
neither federal qualification nor state certification (Mississippi and Oklahoma).34
A few states – Ohio, Maryland and California – have hired independent technical
consultants to evaluate voting systems.35 One report, using “red team” exercises in an
election-day environment, by RABA Technologies Innovative Solution Cell found
“considerable security risks” with Maryland’s election system.36 Around the same time as
the RABA report, election officials in California became aware that one voting system
vendor was misleading local election officials and violating California Election Code by
installing software on voting systems that had not yet been approved by the state.37
California Secretary of State Kevin Shelley acted quickly to put into place regulations
that required voting systems to undergo an unprecedented level of certification on top of
ITA certification. Secretary of State Shelley found it necessary to mandate an accessible
voter-verified paper audit trail (VVPAT) and, for systems that are not designed to
produce a VVPAT, vendors must agree to a full source code review by technicians of the
Secretary of State’s choosing, parallel monitoring, detailed security planning, and
detailed computer security requirements.38
Local Acceptance Testing
Immediately before, during and after elections, the county or municipality must ensure
that voting systems are used in a manner that maintains their physical security and system
integrity and does not disenfranchise voters. The level of local regulation varies widely
across the more than 10,000 election jurisdictions in the United States.39 For example,
some counties deliver voting equipment on the morning of Election Day while others
deliver it weeks ahead without adequate protection for the equipment’s physical security
and integrity. The quality and degree of local election regulation and administration
varies substantially and an adequate treatment is beyond the scope of this whitepaper.
Local elections officials are responsible for training elections workers, overseeing the
process of tabulation and certifying election results.
A Preliminary Analysis of Reported Problems
The standards and conformance testing process can itself be measured through sampling
problems voters experienced on Election Day and problems that surfaced afterwards. The
presidential election of 2004 saw reports of serious problems despite increased scrutiny
of all aspects of voting technology in the electoral process. The analysis below is
preliminary; many of the incidents we discuss are still under investigation by election
officials and election protection organizations.
Reports of Problems with the 2004 Election
There were many reported problems with voting systems during the 2004 election. The
Election Protection Coalition (EPC) recorded over 23,000 incident reports on Election
Day using the Election Incident Reporting System (EIRS) and EPC’s 866-OUR-VOTE
hotline.40 As well, the House Judiciary Committee has reportedly received 57,000
complaints of election irregularities.41 While the preliminary analysis below is based on
EPC data and press reports, we intend to conduct a more comprehensive analysis that
maps specific incidents to gaps in the standards and testing process that would include the
House Judiciary Committee’s data.
From the EIRS incident reports, approximately 2,000 of these were related to problems
with voting technology, most were in the areas of human factors and machine failure. It is
important to emphasize some limitations of data collected by the EIRS. The data doesn’t
include counting or tabulation errors; these typically come out in the press during the
days following an election during the official canvass. Naturally, this means that the data
is heavily slanted towards human factors issues as voters (humans) are reporting
problems they had with the machine or perceived irregularities with election
administration. Further, EIRS reports are from voters on Election Day who are not
voting system experts and may not know much about their voting system. All of the
EIRS data should be considered preliminary as, at the time of writing, election protection
organizations are currently following up on reports that obviously necessitate further
investigation. Tabulation errors, problems with counting individual ballots accurately,
typically arise after votes have been cast; therefore the problems are not visible to
individual voters but generally are identified by election officials and observers during
the counting process. The details of tabulation failures are frequently reported in the
press. In this section, we discuss both problems reported by voters to the EPC election
protection hotline and tabulation-related problems reported in the press in the weeks after
November 2, 2004.
Human Factors Problems
There are currently no comprehensive federal standards and testing requirements for the
usability of voting systems.42 Usability problems are evident to the voter in the polling
place and therefore comprise the majority of voter-reported problems logged by election
protection volunteers.
In cooperation with the Election Protection Coalition43 (EPC), VerifiedVoting.org44 and
Computer Professionals for Social Responsibility45 collaborated to develop the Election
Incident Reporting System46 (EIRS) to record voter-reported problems on Election Day.
EIRS is a suite of web-based software tools designed to record information about election
incidents reported to a hotline (866-OUR-VOTE). EIRS facilitates real-time response to
election incidents by election protection attorneys and non-partisan election observers.
On November 2, 2004, over 2014 individual election incidents were recorded that EPC
volunteers classified as “machine-related” election incidents. We provide summary
statistical data in Tables 1 and 2 attached to this paper. Notably, over 75% of all
machine-related election incidents were reported from counties that use paperless voting
technology and 5 vendors were responsible for approximately 90% of all incident reports.
The vast majority of these incidents were simple statements such as, “The machines are
down” or “machines broken in my precinct” however approximately 218 of these
incidents (10%) contained specific information that merits further analysis.
Reports of Human Factors Problems47
Machines Failing to Operate Normally
Machines crashed during voting, were rebooted, reset and/or repaired. In Palm Beach
Co., FL a machine crashed and was rebooted.48 In Philadelphia Co., PN, Kings Co., NY
machines were repaired during Election Day and the nature of the repairs was unknown.49
There were reports of EVM crashes or errors displayed while the voter voted50 or
crashing repeatedly during Election Day.51
Voters Experiencing Considerable Difficulty Casting Ballots
When voters reviewed their ballot before casting, some votes were misrecorded. EIRS
recorded many reports (over 50) across all states and most types of electronic voting
machine (EVM) of votes being misrecorded. These errors were only caught when
reviewing the summary or review screen.52 In a few cases, it took the voter five, seven
and even nine attempts of going back and correcting their ballot choices for the proper
vote to register.53 This was reported primarily with presidential votes “jumping” from
Sen. John Kerry to President George W. Bush, but also vice-versa,54 from Sen. John
Kerry to third-party candidates55 and for non-presidential races.56
Selecting one choice resulted in a different choice being selected or no choice selected.
In Mercer Co. and Philadelphia Co., PN voters found it difficult to select choices on the
Unilect Patriot and ELECTronic 1242 voting systems.57 In Philadelphia and
Albuquerque, some voters that pressed the button for straight-party Democratic ticket
ballot instead had the lights for Republicans candidates light up.58 Reports from New
Mexico,59 Kentucky,60 Pennsylvania61 and Ohio62 said that certain machines ballots were
skewed or certain choices refused to light up likely due to burnt out lights on a button-
matrix machine. 63 In a number of cases, voters reported that DRE voting machines
already had votes selected when they entered the voting booth.64
On some machines, it is easy for the voter to mistakenly cast a vote before they are
finished voting or neglect to cast it at all. In Philadelphia Co., PN, Albuquerque, NM
and Franklin Co., OH voters using the ELECTronic 1242 voting machines often
mistakenly hit the “Vote” button after selecting choices in each race – which resulted in
only their initial choice being cast – instead of waiting until they had finished making all
their choices.65 Voters reported accidentally brushing up against the touchscreen and
accidentally casting their vote on Sequoia AVC Edge and Hart Intercivic eSlate
machines.66 Voters in Texas, Louisiana, Alabama, New Jersey, Pennsylvania and South
Carolina using button-matrix DRE voting machines complained that they entered the
booth and the previous voter’s ballot had not been cast.67
In a few cases, disabled accommodations did not function properly or problems with
multilingual ballot support rendered voting difficult or impossible. In Miami-Dade Co.
and Hillsborough Co., FL a voter reported that the audio voting interface only allowed
voting for George W. Bush.68 There were also situations where voting would be delayed
for a considerable amount of time as poll workers had to bring an EVM out to a disabled
person69 who could not enter the polling place.70 In Palm Beach and Broward Counties,
Florida, there were reports of machines not allowing voting in English or only allowing
part of the ballot to be displayed in English.71
Discussion of Reports of Human Factors Problems
Many of the human factors problems listed above could be addressed with high-level
usability standards and user testing and evaluation.
Problems with Normal Operation of Voting Machines
Voting systems should be stable on Election Day. Crashes should not happen to a well-
designed system in the first place, but if they do, they should be such that the voter
consistently knows if their vote was counted.72 Did these machines crash during the
testing process? If not, what is different about the operating environment of the precincts
in which crashes were reported compared to the testing environment? Answers to
questions like this should be used as feedback into the testing process to reduce the
likelihood that voting systems crash during voting. A testing process that attempts to
mimic the use of voting systems as used in actual voting environments should be able to
reproduce system crashes, catching them before Election Day. There is little publicly
available documentation covering what happens during the boot-up of voting machines
and some machines may even write votes to memory as they perform routine logic and
accuracy tests during start-up.73
Problems with Casting Ballots
Vendors and election officials attributed “vote jumping” problems to touchscreen
recalibration,74 however, calibration is not specific to certain pages of a ballot but should
be systematic; all or most pages of the ballot should show incorrect choices. Reports that
correcting these mistakes took multiple tries are troubling; it should not be burdensome to
change an incorrect choice so that the voter’s electronic ballot reflects their preferences.
This type of usability test case – where systems are tested to evaluate how easy a vote can
be miscast and then corrected – are absent from the federal qualification process. It
would seem that such behavior would be readily apparent during user testing
contemplated as part of a future EAC human factor standard.75
In cases where it is too difficult or too easy for voters to make a selection in touchscreen
systems, there is a need for standards that specify what degree of force should be
considered to be a “choice” and, in general, what parameters define a successful voting
process. Having voting systems designed to proper tolerances would, for example,
reduce the amount of inadvertent choices made. Button-matrix machines have many
moving parts and certain buttons are inevitably pressed with a higher frequency on
Election Day.76 It is essential that moving parts on the balloting interface – buttons,
levers, lightbulbs that indicate choices – are tested on each machine during logic and
accuracy testing prior to each election and that such parts can be replaced on machines
quickly during an election without compromising the integrity of the machine.
It is also troubling that systems are designed such that voters inadvertently cast their vote
or leave the voting booth without casting a vote. While making choices in individual
races should be easy, certain processes – such as casting a ballot – should not be as
trivial. This could be addressed by a standard that said “Voting systems shall minimize
the likelihood of inadvertently casting a ballot or leaving the voting booth without having
cast a ballot.” For example, a simple feedback interface on touchscreen DREs that asks,
“Are you sure you are done voting and would like to cast your ballot?” or a mechanical
construct on button-matrix DREs that requires the voter to first attest that they are done
voting and then that they are ready to cast their ballot, in two steps, could reduce the
likelihood of premature and incomplete voting. Also, in voting systems that don’t require
a authorized token (such as a smartcard) to be removed from the machine before the voter
is done voting, this behavior can be mimicked with other types of tokens. Usability
testing using a reasonable distribution of actual voters would likely reveal problems that
resulted in premature or incomplete voting.
Finally, testing of the audio voting interface is just as important to the functioning of an
accessible EVM as the primary interface.77 Any specific incompleteness or deficiency in
the audio ballot should be recognized and remedied during local acceptance testing or
logic and accuracy testing while higher-level usability problems with accessible
interfaces should be caught in federal qualification testing. Vendors should take the
advice of usability experts to incorporate User-Centered Design (UCD) processes that use
a distribution of real users – disabled and non – in actual tests during design,
development and debugging of their systems.78
Tabulation Problems
Tabulation problems – where votes are not counted as intended to be cast by voters –
come in two varieties, recoverable and unrecoverable. Recoverable tabulation problems
are such that a redundant or official record of voter intent can be recounted if a primary
record, such as an aggregate tally, is clearly erroneous. Unrecoverable problems do not
permit recounting of voter intent, and, in particularly egregious cases, require an election
to be redone. In the lists below, we have included representative examples of tabulation
errors separated into two categories – those on paperless and paper-based systems – to
highlight that the paper-based tabulation errors are more often than not, recoverable.79
Paperless Systems
Voting systems that do not keep independent, indelible records of the voter’s intent are
the most likely to suffer from unrecoverable errors resulting in lost votes or low-
confidence aggregate tally numbers. While HAVA does require that voting systems
provide certain features with respect to auditability,80 it is clear that comprehensive
standards for voting system auditability are needed as paperless and paper-based voting
systems enjoy different degrees of auditability and recountability.81 In the weeks
following the November 2004 election, a number of tabulation problems surfaced in the
media that illustrated this disparity.
Reports of Tabulation Problems with Paperless Systems
Cateret Co., NC – Too many early voters voted on Cateret County’s Unilect Patriot
voting system. The system could store only approximately 3,500 ballots; over 8,000
voters voted early resulting in the complete loss of more than 4,500 votes.82 The election
will likely have to be redone for at least one race at a cost of $3 million.83
Columbus, OH – An error while a Danaher / Guardian ELECTronic 1242 was plugged
into a laptop to download results gave President Bush 3,893 extra votes.84
Gastonia, NC – Equipment failed to count 12,000 early votes due to an “interrupted
download” error.85 Over half of Gaston’s polling places recorded too few or too many
votes when compared to the number of registered voters who signed the registration poll
books.86
Mecklenburg Co., NC – 106,064 early and absentee votes are counted where only
102,109 actually voted. The cause of the error is still unknown.87
Discussion of Reports of Tabulation Problems with Paperless Systems
The Cateret County case was relatively straightforward. When the Unliect Patriot voting
system’s memory is full, it displays an error message, “Voter Log Full,” only until the
system is reset to allow the next voter to vote. Further, the ballot counter, that displays
how many ballots have been cast since the opening of the polls, continued to advance
despite the ballots it was counting not being recorded in memory. This points to a gap in
the voting systems standards: voting systems should not allow ballots to be cast on them
if their memory is full. Testing should be modified to test for these types of conditions.
Finally, if there existed more robust auditability standards that specified a voter-verified
audit trail independent of the voting system software, these records could be recounted to
recover the 4,500 lost votes and the election would not have to be held again.
Although not a lot is known about the errors, discussed above, in Columbus, Ohio and
Gaston, NC, it appears that a transmission error during downloading data from a voting
machine caused erroneous data to be inserted into or excluded from the vote tally,
respectively. In computer networking, there are commonly used methods to ensure that
the receiving end of a communication can check to make sure that the message has
arrived uncorrupted. Although networked voting systems have larger security
implications beyond the scope of this whitepaper, it would seem reasonable to require
that networked voting systems incorporate transmission error correction to avoid
inadvertent or malicious corruption of vote tallies. The 2002 VSS do specify a data
integrity requirement that would have alleviated this.88 However, as is the case with most
qualified election systems on the market, the ELECTronic 1242 – used in Columbus –
and the Diebold AccuVote-TS – used in Gaston – are qualified against the 1990 VSS;89
voting system standards relevant for computerized voting technology from 15 years ago.
One of the few ways to know beyond a shadow of a doubt that a county has a problem
with its DRE equipment is if drastically fewer or greater votes are recorded by the system
when compared to the number of voters that sign registration poll books. Unfortunately,
without a robust end-to-end audit capability, such errors can be very mysterious. The end
result is that the entire election may be called into question while in paper-based systems
a manual recount can be conducted.
Paper-based Systems
Reports of Tabulation Problems with Paper-based Systems
Broward and Orange Cos., FL – Software provided by Election Systems and Software
(ES&S) on the optical scan machines used for counting absentee votes only read 32,000
votes and then started to count backwards.90
Volusia Co., FL – Seven Diebold optical-scan machines had memory card failures
causing, for example, 13,244 votes to disappear from one card’s tally.91
LaPorte County, IN – A bug in ES&S’ punchcard tabulation software causes each
precinct to be reported as only having (exactly) 300 voters each; all reports add up to
22,000 voters in a county that has more than 79,000 registered voters.92
San Francisco, CA – A glitch in the new tabulation software made by ES&S to handle
Ranked-Choice Voting for optical scan machines stopped the counting and forced a
recount of 81,000 ballots.93
10 Counties in North Carolina – A database error with Fidlar & Chambers optical-scan
equipment counted straight-party Democratic votes as straight-party Libertarian ballots; a
recount changed the outcome in one race.94
Utah County, UT - 33,000 straight-party ballots are not counted due to a programming
error in punchcard counting equipment.95
Discussion of Reports of Problems with Paper-based Systems
This is a remarkable list if for only its diversity of voting technology – from punchcard to
optically scanned paper ballots – and heavy preponderance of software errors. In fact,
further details surrounding the problems above are not necessary. That is, while it would
be better if these errors were caught in the testing process, the existence of a voter-
verified audit trail – the paper ballots – ensured that the election could be tallied
independent of the problems with the tabulation equipment and software. In a future
analysis we aim to further scrutinize problem reports with paper-based voting systems
that used computerized technology to highlight that they are also not being adequately
tested. However, for now, we merely point out that errors on paper-based systems are
recoverable.
Findings
From a quick analysis of EIRS data (see Tables 1 and 2 attached) and press reports, we
report the following findings:
Approximately 30% of voter-reported incidents were from counties that use two
older, button-matrix DRE voting machines – The ELECTronic 1242 by Guardian
Voting Systems and the Sequoia AVC Advantage.
These two machines were designed and implemented using technology over 15 years old;
in terms of computing advancement, they are Babylonian. Both are qualified against the
1990 standards and, as such, only require changes in their software to be re-certified in
the future.96 There is no prohibition on selling outdated voting technology qualified
against obsolete standards, and the vendors show no sign of ceasing their aggressive
marketing of these two machines.
Approximately 75% of all EIRS election incidents concerned DRE voting
machines and lever machines.
From the EIRS data, DRE machines and lever machines seem to be the most problematic
in terms of human factors. Increasing use of DRE machines will likely result in these
problems becoming more widespread.
70% of all EIRS incidents were from six voting systems.
90% of all EIRS incident reports are associated with five vendors – ES&S,
Sequoia, Danaher, Diebold and AVM – out of approximately thirty-one.97
If these findings are representative, and not an artifact of the EIRS sample, this means
that a small amount of voting system vendors are responsible for the lion’s share of
human factor-related polling place problems. Without further knowledge of vendor
quality assurance (QA) procedures it is not possible explore the correlation of vendor QA
with the amount of problems reported by voters.
Many tabulation errors implicated technical problems that are addressed in the
2002 VSS. However, only two newer and rarely used voting systems are
qualified in whole or part against the 2002 standards.98
The twelve-year lag in updating the voting system standards has left us with voting
technology that is overwhelmingly qualified against outdated standards. This leaves the
nation in a state where the current standards are effectively irrelevant to voting
technology actually supplied by the market. When the VSS is finally updated again, will
we still have obsolete, ineffective voting technology certified, marketed and sold more
than two years after they come into effect?
Certain tabulation errors implicated problems where there exist no voting system
standards – especially in the area of auditability – or where testing is not
sufficient.
Problems discussed in the analysis above where thousands of votes were “lost” from or
“inserted” into a tally and problems that implicate common computer programming
mistakes simultaneously point to the need for higher-quality performance-based testing to
catch these errors before Election Day and end-to-end auditability to detect and recover
from those that slip through the cracks.
Recommendations
High-level, comprehensive usability standards should be a part of the next voting
systems standard to ensure reliable casting of votes.
Usability testing involving expert review, scripted observation and field tests
using a realistic distribution of actual users should be part of federal
qualification.99
Problems related to human factors have been endemic in electronic voting. They will
continue to be problematic until voting systems are required to meet a reasonable level of
usability. The federal qualification process should test voting systems against such
standards using usability expert review incorporating the latest knowledge, actual voters
in simulated and real election situations. Catching problems before Election Day is
essential to ensure that all voters can reliably cast votes.
Standards for end-to-end auditability should be in place to ensure the integrity of
elections conducted on DREs.
Testing routine end-to-end audits to demonstrate that a voting system is fully
recountable should be part of federal qualification.
While HAVA fleetingly addresses auditability in its mandatory minimum requirements,
they do not approach the level necessary for end-to-end auditability. An indelible,
independent manifestation of voter intent is necessary to ensure that jurisdictions can
recount their votes when needed or as provided by law. As well, there must be a process
or mechanism in place to ensure that instruments of auditability are used effectively.
Auditability testing should also be part of the federal qualification process and
jurisdictions should be required by states to conduct routine audits – as opposed to the
simple, predictable case of a recount100 – to detect malfunction and malfeasance.
The testing of voting systems needs an overhaul to move from functional testing
to performance-based testing.
There should be a rich feedback loop – from problems to investigation to testing –
that uses actual problems to inform testing procedures.
It is evident from the problems surrounding the 2004 election that many bugs, glitches
and poorly designed features make it through the complicated net of voting standards and
testing. A large improvement could be had by moving from the current regime of
functional testing – where a system is literally checked off for compliance with the 1990
or 2002 VSS – to performance-based testing – where systems must perform in a specified
manner and tests attempt to adversarially compromise this performance. Ultimately,
testing ignorant of problems experienced in the field is shortsighted; there should exist a
rich feedback loop into federal qualification testing. Investigations of problem reports
can be used to test if problems experienced in the field have been addressed by vendors
and can be used to redesign the testing environment so that fewer problems make it
through the process.
Voting research can help to identify current and potential problems with election
systems as well as inform new innovative designs.
There is a general lack of high-quality information and research in the areas of usability,
security and privacy of voting systems. There is also a need for research into and
aggregation of information about voting technology, election administration and
accountability, best practices and election law. The next generation of voting research
might involve qualitative assessment of voter behavior and knowledge as well as research
into alternative election systems altogether. Attracting talent to these research areas is
essential to stimulate innovation in voting systems and for a better understanding of the
complexities of such a critical system.
Conclusion
In terms of voting technology, the 2004 Election was uneventful in some areas and a total
disaster in others. Problems with election technology undoubtedly caused lost votes,
miscast votes and significant disenfranchisement of voters. The FEC’s 1990 and 2002
Voting System Standards serve a valuable function but are still considerably lacking in
the areas of human factors and auditability.
Human factors issues are a majority of the problems voters experience with voting
technology on Election Day. Federal standards could alleviate routine design errors.
More research into the usability of electronic voting machines is necessary to understand
how certain errors happen, the spectrum of user behavior, and how to design hardware
and software that reduce confusion and human error.
Unfortunately, the lack of end-to-end auditability in modern DREs means that only
cursory audit capability is available – such as making sure that the number of votes cast is
equal to the number of signatures in the poll books. Without a fixed record on which
voters verify their intent, recounts are meaningless and, sophisticated fraud such as vote
switching is undetectable. Auditability standards specifying a VVAT and routinely
conducted random audits would go a long way towards detecting fraud and malfunction
and ensuring that there is a back-up for recounting if needed.
As mentioned above, there is a need for usability research in electronic voting. However,
further statistical research into machine failure rates, polling place errors and
investigation of election incidents as well as novel qualitative research would also help to
build a more complete picture of our election system, its strengths and its weaknesses.
Voting System Percent
Danaher/Guardian ELECTronic 1242 17.87
AVM Lever Machine 11.68
Sequoia AVC Advantage 10.70
ES&S iVotronic 10.65
Diebold (Optical Scan) 9.40
ES&S Punchcard 9.29
Sequoia AVC Edge 7.77
ES&S Optical Scan 6.25
Diebold AccuVote-TS 4.29
Hart eSlate 3.15
InkaVote 2.23
Unilect Patriot 2.12
Unkown optical scan (Diebold?) 0.98
Sequoia Optical Scan 0.92
ES&S Optical Scan / Sequoia AVC Edge 0.65
AVS (Shoup) Lever 0.43
AVS WinVote 0.38
MicroVote MV-464 0.38
ES&S EV-2000 0.27
Unknown punchcard 0.22
Unknown 0.16
ES&S Votronic 0.11
Mixed Optical Scan 0.11
Total 100.00
Table 1. This table shows the percentage of machine-related EIRS incident reports for
each voting system. The list of machine-related incidents was groomed from 2014 initial
incident reports to a list of 1985 that had identifiable counties. Then, 144 counties were
rejected where only one incident was reported. Finally, using the Verified Voting
Foundation’s Verifier Database, we associated each of the remaining counties with its
voting system. The resulting sample contains 1841 election incidents from 138 counties
– 90% of the raw data.
See http://www.verifiedvoting.org/verifier/ .
Vendor Percent
ES&S 27.21
Sequoia 19.39
Danaher 17.87
Diebold 13.69
AVM 11.68
Hart 3.15
InkaVote 2.23
Unilect 2.12
Unkown 1.47
AVS 0.81
MicroVote 0.38
Total 100.00
Table 2. This table is essentially the same as Table 1 but by vendor instead of a specific
voting system.
1 Director, Samuelson Law, Technology & Public Policy Clinic, Acting Clinical
Professor, Boalt Hall, University of California, 346 North Addition, Berkeley, CA 94720-
7200, (510) 643-4625, dmulligan@law.berkeley.edu, http://www.samuelsonclinic.org
2 PhD Student at the School of Information Management and Systems (SIMS), University
of California, 102 South Hall, Berkeley, CA 94720-4600, joehall@berkeley.edu,
http://sims.berkeley.edu/~jhall/
3 D.W. Jones, Auditing Elections, 47 Communications of the ACM 46, October 2004,
available at http://doi.acm.org/10.1145/1022594.1022622 .
4 For a representative discussion of problems with electronic voting machines see
Tadayoshi Kohno, Adam Stubblefield, Aviel D. Rubin, and Dan S. Wallach, Analysis of
an Electronic Voting Machine, IEEE Symposium on Security and Privacy 2004. IEEE
Computer Society Press, (May 2004), available at http://avirubin.com/vote.pdf
5 Roy Saltman, Effective Use of Computing Technology in Vote Tallying, Institute for
Computer Science and Technology: National Bureau of Standards, NBSIR 75-687,
(1975), available at http://www.vote.caltech.edu/Reports/NBS_SP_500-30.pdf .
6 See of Eddan Katz and Rebecca Bolin, Electronic Voting Machines and the Standards-
Setting Process (May 2004), at 2, (unpublished manuscript, on file with authors).
7 National Clearinghouse of Election Administration, Federal Election Commission:
Voting System Standards: A Report on the Feasibility of Developing Voluntary Standards
for Voting Equipment, (1984).
8 Federal Election Commission, Performance and Test Standards for Punch card,
Marksense and Direct Recording Electronic Voting Systems (1990), available at
http://sims.berkeley.edu/~jhall/fec_vss_1990_pdf/FEC_1990_Voting_System_Standards.
pdf .
9 United States General Accounting Office, Elections: Status and Use of Federal Voting
Equipment Standards, GAO-02-52 (2001), at 8-10, available at http://www.gao.gov/cgi-
bin/getrpt?gao-02-52
10 Federal Election Commission, Voting Systems Standards, (2002), available at MS-
DOC: http://www.fec.gov/pages/vssfinal/vss.html PDF:
http://sims.berkeley.edu/~jhall/fec_vss_2002_pdf/ .
11 Supra., Elections: Status and Use of Federal Voting Equipment Standards, at 11-12.
12 Federal Election Commission, A Plan for Implementing the 2002 Voting System
Standards, (2002), available at
http://web.archive.org/web/20030112094804/http://www.fec.gov/pages/vssfinal/vss_impl
ementation.html . (this document has been removed from the FEC website but is still
available through the Internet Archive.)
13 The Avante Vote-Trakker is fully qualified – that is, both the hardware and software
for their precinct counter and central tabulation system – to the 2002 VSS. Diebold’s
AccuVote-TSx precinct counter is qualified against the 2002 VSS but the rest of its
system is not. See National Association of State Election Directors, List of Voting
Systems that are NASED Qualified, January 3, 2003, available at
http://www.nased.org/NASEDApprovedSystems1.03.pdf .
14 Supra., Elections: Status and Use of Federal Voting Equipment Standards, at 2.
15 Computer security experts have recently discredited internet voting entirely. D.R.
Jefferson, A.D. Rubin, B. Simons, and D. Wagner. A Security Analysis of the Secure
Electronic Registration and Voting Experiment (SERVE), www.servesecurityreport.org/ ;
D.R. Jefferson, A.D. Rubin, B. Simons, and D. Wagner. Analyzing Internet Voting
Security; An extensive assessment of a proposed Internet-based voting system, 47
Communications of the ACM 59, October 2004, available at
http://doi.acm.org/10.1145/1022594.1022624 .
16 Supra., Voting Systems Standards, (2002), Overview, at 6-7.
17 Supra., Elections: Status and Use of Federal Voting Equipment Standards, at 11.
18 The current discussion will focus on usability and auditability standards. However, we
see evidence from the 2004 election for standards that contemplate issues of privacy and
conflicts of interest: there were reports of voting systems and procedures not permitting
sufficient privacy and vendor employees servicing machines and assisting in tabulation
procedures. We do not discuss these issues here in the interest of time and space. All of
these issues are arguably undervalued in the standards and testing process for voting
systems.
19 Caltech/MIT Voting Technology Project, Voting: What Is, What Could Be (July, 2001),
at 8-10, available at http://www.vote.caltech.edu/Reports/
20 A VVAT is a contemporaneously produced record of the voter’s ballot that the voter
inspects before casting their vote. A Voter-Verified Paper Audit Trail (VVPAT) is a
VVAT that uses paper as the recording medium.
21 Supra., Electronic Voting Machines and the Standards-Setting Process, at 9-11.
22 Congressional Research Service Report RL30773, Voting Technology in the United
States: Overview and Issues for Congress (2001), by Eric Fischer, at 18, available at
http://usinfo.state.gov/usa/infousa/politics/voting/rl30773.pdf ; also see Id., Voting: What
Is, What Could Be, at 53-54.
23 It is notable that a whole section of the FEC’s 2002 VSS is devoted to QA (Id., Voting
System Standards (2002), Volume I, Section 7). However, the ITA reports that certify
vendors’ internal QA processes are protected proprietary information. Recent efforts to
get ITA reports under Freedom of Information Act requests and their state equivalents
may shed some light onto vendors’ QA processes.
24 Helen Gao, Faulty Switches Cited in Voting Woes, San Diego Union Tribune, April 14,
2004, available at
http://www.signonsandiego.com/uniontrib/20040414/news_6m14diebold.html
25 For example, Diebold was recently found to have knowingly sold unqualified voting
hardware and software in the State of California. See Kim Zetter, E-Voting Undermined
by Sloppiness, Wired News, December 17, 2003, available at
http://www.wired.com/news/evote/0,2645,61637,00.html and; Kim Zetter, Diebold May
Face Criminal Charges, Wired News, April 23, 2004, available at
http://www.wired.com/news/evote/0,2645,63191,00.html .
26 RABA Technology’s Innovative Solution Cell, Trusted Agent Report – Diebold
AccuVote-TS Voting System, January 20, 2004, at 3, available at
http://www.raba.com/press/TA_Report_AccuVote.pdf
27 National Association of State Election Directors, General Overview for Getting a
Voting System Qualified, available at http://www.nased.org/NASEDITAProcess.pdf
Note: The Election Assistance Commission has taken over the roles of the FEC and
NASED in the qualification process.
28 C. Coggins, Independent Testing of Voting Systems, 47 Communications of the ACM
34, October 2004, available at http://doi.acm.org/10.1145/1022594.1022619 .
29 Id.
30 The authors have heard anecdotally that vendors are reluctant to give access to ITA
reports even during the state certification process.
31 Older, button-matrix DRE systems (see note 63 infra), such as the ELECTronic 1242
manufactured by Guardian Voting Systems, Inc. and the AVC Advantage manufactured
by Sequoia Voting Systems, Inc. were “grandfathered” in to the federal qualification
system so that counties that used these systems would not have to purchase entirely new
voting systems. These systems are not subject to the same hardware tests as newer
systems. These voting machines represent 1/3 of all DREs used in the nation or 10% of
all precincts and vendors are still selling and aggressively marketing them. See p. 10 of
Election Data Services, Overview of Voting Equipment Usage in the United States, Direct
Recording Electronic (DRE) Voting, Statement of Kimball Brace to the EAC, May 5,
2004, available at http://www.electiondataservices.com/EDSInc_DREoverview.pdf
32 Supra., Independent Testing of Voting Systems.
33 Supra., List of Voting Systems that are NASED Qualified.
34 Supra., Electronic Voting Machines and the Standards-Setting Process, at 11. (citing p.
3 of Election Reform Information Project, Securing the Vote, (April, 2004), available at
http://electionline.org/site/docs/pdf/EB7_new.pdf )
35 For example, see (OH) Compuware Corporation, Direct Recording Electronic (DRE)
Technical Security Assessment Report (2003), available at
http://www.sos.state.oh.us/sos/hava/files/compuware.pdf ; (MD) Science Applications
International Corporation, Risk Assessment Report: Diebold Accuvote-TS Voting System
and Processes (redacted), SAIC-6099-2003-261 (2003), available at
http://www.dbm.maryland.gov/SBE ; (CA) §§ 5(a)(3)(a)-(d) of: The Honorable Kevin
Shelley, Secretary of State of the State of California, Decertification and Withdrawal of
Approval of Certain DRE Voting Systems and Conditional Approval of the Use of Certain
DRE Voting Systems, (March 18, 2004), available at
http://www.ss.ca.gov/elections/ks_dre_papers/decert1.pdf (requiring vendors to provide
code and documentation to a analyst of the California Secretary of State’s choosing).
36 Supra., Trusted Agent Report – Diebold AccuVote-TS Voting System.
37 Supra., E-Voting Undermined by Sloppiness and Diebold May Face Criminal Charges.
38 Supra., Decertification and Withdrawal of Approval of Certain DRE Voting Systems
and Conditional Approval of the Use of Certain DRE Voting Systems, at 3-9.
39 Supra., Voting Technology in the United States: Overview and Issues for Congress at 4.
40 Verified Voting Foundation, Election 2004 E-voting Incidents from the Election
Incident Reporting System (EIRS), November 18, 2004, available at
http://www.verifiedvoting.org/article.php?id=5321
41 Press Release, House Committee on the Judiciary, Government Accountability Office to
Conduct Investigation of 2004 Election Irregularities, November 23, 2004, available at:
http://www.house.gov/judiciary_democrats/gaoelectionjtpr112304.pdf .
42 National Institute for Standards and Technology, Improving the Usability Accessibility
of Voting Systems and Products, NIST Special Publication 500-256 (May 2004), at iv,
available at http://www.eac.gov/docs/finalhfvotereport-4-29-041.pdf (“In general, the
single most critical need identified in this report is a set of usability standards for voting
systems that are performance-based and support objective measures and associated
conformance test procedures that can be used for the certification and qualification of
voting products and systems.”)
43 The non-partisan Election Protection Coalition consists of approximately 60 nonprofit
organizations. See http://www.electionprotection2004.org/
44 See http://www.verifiedvoting.org/
45 See http://www.cpsr.net/
46 See http://voteprotect.org/
47 We will refer to election incident reports taken from EIRS by their EIRS incident
numbers. These numbers can be entered into EIRS’ search tool to view incident details:
https://voteprotect.org/index.php?display=EIRMapNation&tab=ALL
48 EIRS: 29656
49 EIRS: 32535, 29727
50 EIRS: 47357, 47630, 41092, 39792, 35601
51 EIRS: 41693
52 EIRS: 29471, 31377, 32814, 32895, 33406, 33429, 34249, 35050, 35481, 35752,
35862, 36177, 34703, 36180, 36812, 37481, 37666, 37893, 38151, 38543, 37831, 39531,
39505, 38825, 40147, 40410, 40558, 40870, 43872, 42848, 44658, 45403, 45753, 45447,
46394, 46290, 46528, 46762, 46690, 46917, 46968, 46893, 47289, 47376, 47683, 47757,
47873, 47979, 48034, 48073, 48439, 48623, 49209, 49300, 49986, 49950, 50700, 50583,
51167, 51819, 41196
53 EIRS: 42692, 43999, 39396
54 EIRS: 43856
55 EIRS: 46835, 35436
56 EIRS: 42692, 35105
57 EIRS: 29471, 34419, 44723
58 EIRS: 41725, 46108, 47355, 34353
59 EIRS: 40494, 44481, 44706, 47555, 47570, 47596, 47678, 48599, 48935, 36946,
36750, 34419, 31931, 31061, 29262
60 EIRS: 50143
61 EIRS: 39880
62 EIRS: 51460
63 A “button-matrix DRE voting machine” is an older type of DRE that doesn’t use a
touch-sensitive display monitor but instead uses a large, full-face ballot placed over a
matrix of buttons. The voter presses their choice on the full-face ballot and this action
depresses the button underneath their choice. These machines include the Sequoia AVC
Advantage and the Guardian Voting Systems ELECTronic 1242 (a/k/a Shouptronic
1242).
64 EIRS: 35052, 39433, 41871, 44164, 43856, 48801
65 EIRS: 33169, 33706, 40402, 33170
66 EIRS: 47606, 39609
67 EIRS: 44666, 49261, 45139, 47475, 35310, 51555, 40645, 35052, 33706
68 EIRS: 29974, 34517, 34581, 39562
69 This effectively stopped voting for all other voters in the precinct as there are
procedural regulations that require a certain number of poll workers inside the polling
place while voting is being conducted and two poll workers must accompany the DRE
taken to the disabled voter outside the polling place.
70 EIRS: 38279
71 EIRS: 40217, 43261, 44943, 45884
72 Some DREs handle this by specifically not recording the ballot until the “cast ballot”
button/choice is pushed. If there is a crash during voting, the voter simply must revote
their ballot.
73 Sequoia’s AVC Advantage full-face button-matrix DRE is known to conduct logic and
accuracy tests during its boot process but records these votes to an isolated internal
memory register. See Sequoia Voting Systems, Inc., AVC Advantage® Security
Overview, Oct. 2004, at 7 (on file with author).
74 Recalibration of a touchscreen involves poll workers using a computer program that
prompts them to touch a few pre-programmed places on the screen to allow the system to
adjust where it registers the user is touching. If a touchscreen is poorly calibrated,
touching the screen on one part of the screen will be interpreted by the system as being a
touch in a different part of the screen.
75 Supra., Improving the Usability Accessibility of Voting Systems and Products, at 56.
(“6.10.1 Develop a valid, reliable, repeatable, and reproducible process for usability
conformance testing of voting products against the standards described in
recommendation 1) with agreed upon usability pass/fail requirements.”)
76 For example, due to ballot roll-off, the buttons corresponding to presidential choices
will be heavily used during a presidential election. (“Roll-off” refers to voters
preferentially voting for contests at the top of the ballot.)
77 Note that HAVA requires that disabled voters be able to cast ballots independently and
in private. See §§ 42 USC 15481(a)(3)(A) (voting systems shall provide equal
opportunity for access and participation of disabled voters including privacy
independence)
78 Supra., Improving the Usability Accessibility of Voting Systems and Products, at 55.
(“6.8.1 Encourage vendors to incorporate a user-centered design approach into their
product design and development cycles including formative (diagnostic) usability testing
as part of product development.”)
79 Only in cases where ballots are physically mangled or otherwise rendered
unascertainable to the human eye are paper-based tabulation errors unrecoverable.
80 §§ 42 USC 15481(a)(2) (Requiring that voting systems allow voters to change their
vote and that they produce a permanent paper record of the vote that should be available
in recount proceedings.)
81 Supra., Auditing Elections, at 49.
82 More Than 4,500 North Carolina Votes Lost Because of Mistake in Voting Machine
Capacity, Associated Press / USA Today, November 5, 2004, available at
http://www.usatoday.com/news/politicselections/vote2004/2004-11-04-votes-lost_x.htm
83 David Ingram, NC Ballot Count Could Bring Revote, Winston-Salem Journal,
November 19, 2004, available at
http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_B
asicArticle&c=MGArticle&cid=1031779235637
84 John McCarthy, Machine Error Gives Bush 3,893 Extra Votes in Ohio, Associated
Press / USA Today, November 6, 2004, available at
http://www.usatoday.com/tech/news/techpolicy/evoting/2004-11-06-ohio-evote-
trouble_x.htm
85 Binyamin Appelbaum, Gaston Investigates Election Tally Errors, The Charlotte
Observer, November 16, 2004, available at
http://www.charlotte.com/mld/observer/news/local/10192340.htm?1c
86 Discrepancies Found In Numbers Of Gaston Votes, Voters, Associated Press / Raleigh
Durham News Observer, November 18, 2004, available at
http://newsobserver.com/news/ncwire_news/story/1839095p-8157912c.html
87 Richard Rubin and Carrie Levine, County Retallies Early-Vote Results, The Charlotte
Observer, November 4, 2004, available at
http://www.charlotte.com/mld/charlotte/news/politics/10094165.htm
88 Supra., Voting Systems Standards (2002), Volume I, § 6.5.2, at 6-9.
89 Supra., List of Voting Systems that are NASED Qualified.
90 Broward Vote-Counting Blunder Changes Amendment Result, WJXT, November 4,
2004, available at http://www.news4jax.com/politics/3890292/detail.html
91 Kevin Connolly, Computer Glitches Slow Volusia Results, Orlando Sentinel, November
4, 2004, available at http://www.orlandosentinel.com/news/elections/orl-
asecvolusiaglitches04110404nov04,1,3289659.story .
92 Kori Kamradt, Voter Turnout Still Not Known, LaPorte County Herald-Argus,
November 4, 2004, available at
http://www.heraldargus.com/content/story.php?storyid=5304
93 Antone Gonsalves, San Francisco Finds Fix For Election Day Tech Snafu,
InternetWeek.com, November 5, 2004, available at
http://www.internetweek.com/allStories/showArticle.jhtml?articleID=52200321
94 Recount Changes One Franklin Co. Race, Associated Press, November 12, 2004,
available at http://www.indystar.com/articles/0/194113-4600-102.html
95 Tad Walch, Utah County Votes Counted Incorrectly, Desert Morning News, November
14, 2004, available at http://deseretnews.com/dn/view/0,1249,595105309,00.html
96 If the hardware remains unchanged, it does not have to be recertified. If it does change,
it must be recertified against the 2002 VSS, which would be quite difficult given the
heightened requirements. Counties can continue to use these systems past the January 1,
2006 deadline for implementing HAVA’s mandatory minimum requirements (see,
§§ 42 USC 15481(a)(1)-(6)) if they provide one accessible DRE per polling place (see,
§ 42 USC 15481(a)(3)(B)).
97 Federal Election Commission, Known Vendors of Computerized Vote Tabulation
Systems, December, 7, 2000, available at http://www.fec.gov/pages/vendors12-00.htm
98 See discussion of the Avante Vote-Trakker and Diebold AccuVote-TSx, supra.,
note 13.
99 See extended discussion in, supra., Improving the Usability Accessibility of Voting
Systems and Products, and Benjamin Bederson and Paul Herrnson, Usability Review of
the Diebold DRE System for Four Counties in the State of Maryland, University of
Maryland, (2002), available at http://www.capc.umd.edu/rpts/MD_EVoteMach.pdf
100 Supra., Auditing Elections, at 46. (“As with financial auditing, an audit can be initiated
in response to suspicion of impropriety, but auditing is at its most effective as a deterrent
to fraud and error if it is also conducted routinely.”)
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The denial of service (DoS) attacks which pose risk to an internet based voting system, SERVE (secure electronic registration and voting experiment) system, is discussed. The privacy of SERVE ballots is protected using encryption during transmission over the internet and it is decrypted at the central server. While the Gore/Nader swapping depended on the honor system and no money changed hands, a similar approach could be used with SERVE to provide enforced vote swapping or vote bartering services. It is expected that DoS attacks could disenfranchise a substantial fraction of the SERVE population.
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As the 2004 presidential election approaches, revelations of security and accuracy flaws in the electronic voting machines that were intended to correct the failures of the discredited voting technology threaten to further undermine the public's trust in voting. Testing results, independent reports, and internal corporate documents released to the public have exposed not only the vulnerabilities to tampering of some voting machine software, but have also exposed its potential for malfunction. Although the Supreme Court's application of equal protection to election administration in Bush v. Gore could have sweeping consequences, this Article is more concerned with standards, specifically technical standards. This Article argues that our country is in a critical and difficult transition to novel voting technology. Federal technical standards are needed to quiet raging debates about the most important values in American voting. Standards have the opportunity to provide guidance or to only further cloud the debate over voting standards.
Article
This article focuses on the auditing of elections. Voting systems must be secured not only against improper actions by voters and election officials, but also against improper actions by programmers, technicians, and system administrators. The integrity of elections is guarded by using two broad classes of defenses. The first involves an array of preventive measures. Obvious examples include the requirement that voters identify themselves and the requirement that ballot boxes be locked and sealed during voting. The second line of defense involves auditing measures that detect error or fraud and, in the best case, allow reconstruction of the correct election totals despite these events. Canvassing an election is an accounting function, where votes, not currency, are the subject of the count. Consequently, election auditing resembles financial auditing. A basic auditing measure that can be applied to any voting technology has been advocated for some time: the maintenance of a record, outside the voting machine, of the turnout, or the number of ballots that should have been issued. As of Election 2000 in the U.S., there were still 12 states that did not require reporting of the turnout, while in many other states, these numbers come out long after the election.
Article
This article focuses on the independent testing of voting systems in the U.S. Independent qualification testing is a prerequisite in over 40 U.S. states for seeking accreditation of a direct-recording electronic or paper-based voting system. While individual state laws vary, this is generally interpreted as being tested by the National Association of State Election Directors (NASED) accredited hardware and software Independent Testing Authorities (ITA) to the voluntary FEC Voting System Standards (VSS). In 1975, the National Bureau of Standards issued the report Effective Use of Computing Technology in Vote-Tallying, which determined that a basic problem in computerized elections was the lack of technical skills at the state/local level for development of standards and testing. By 2000, advances in voting technology, legislative changes, and the Americans with Disabilities Act warranted updating the 1990 VSS. The terms hardware and software are misleading in describing the scope of the ITA, because software is addressed by both ITAs
Decertification and Withdrawal of Approval of Certain DRE Voting Systems and Conditional Approval of the Use of Certain DRE Voting Systems
  • Supra
Supra., Decertification and Withdrawal of Approval of Certain DRE Voting Systems and Conditional Approval of the Use of Certain DRE Voting Systems, at 3-9.
Analyzing Internet Voting Security; An extensive assessment of a proposed Internet-based voting system, 47
  • D R Jefferson
  • A D Rubin
  • B Simons
  • D Wagner
D.R. Jefferson, A.D. Rubin, B. Simons, and D. Wagner. Analyzing Internet Voting Security; An extensive assessment of a proposed Internet-based voting system, 47 Communications of the ACM 59, October 2004, available at http://doi.acm.org/10.1145/1022594.1022624.
Auditing Elections For a representative discussion of problems with electronic voting machines see Tadayoshi Kohno Analysis of an Electronic Voting Machine
  • W Jones
W. Jones, Auditing Elections, 47 Communications of the ACM 46, October 2004, available at http://doi.acm.org/10.1145/1022594.1022622. 4 For a representative discussion of problems with electronic voting machines see Tadayoshi Kohno, Adam Stubblefield, Aviel D. Rubin, and Dan S. Wallach, Analysis of an Electronic Voting Machine, IEEE Symposium on Security and Privacy 2004. IEEE Computer Society Press, (May 2004), available at http://avirubin.com/vote.pdf 5
Voter Turnout Still Not Known, LaPorte County Herald-Argus
  • Kori Kamradt
Kori Kamradt, Voter Turnout Still Not Known, LaPorte County Herald-Argus, November 4, 2004, available at http://www.heraldargus.com/content/story.php?storyid=5304 93