By Robert MacMillan
washingtonpost.com Staff
Writer
Thursday, September 23, 2004; 2:25 PM
Trust the computer. That's what Maryland told Linda Schade. The Takoma Park resident and Green Party member believes in saving the
environment, but also believes that a few trees are worth sacrificing for
democracy. She is a co-founder of Truevotemd.org, and among the determined
activists around the country who claim that electronic voting machines -- like
the touch-screen devices that will count Marylanders' votes this November -- are
so shot through with problems that no one will know whether their votes were
counted correctly, or at all. "At first you say, 'God, a computer glitch, is this for real?'" Schade said.
"Because in some ways it feels a little bit abstract. But once you get into it a
little bit, you realize this is a very serious problem." She says the machines should offer printed receipts and that voters
uncomfortable with the machines should have the option of turning in a paper
ballot. Earlier this month the state's highest court upheld a circuit judge's
ruling against an injunction that would have forced changes for the upcoming
election. As the issue stands now, residents will vote paperless Nov. 2,
although the case brought by Schade and seven other plaintiffs -- including
several state elected officials and candidates -- will return to the lower court
and could still bear on future elections in Maryland. "It wasn't a surprising decision," Schade said. "At this point it really is
challenging to find remedies that are implementable" by Nov. 2. Maryland
election administrators, like those in other states, have argued that it is too
late to establish a "paper trail" that could be used to verify votes independent
of the data issued by the machines. Schade's quixotic quest illustrates a growing awareness of the fragile nature
of democracy's keystone principle. This year, some 6 million Washington-area
voters will tap computer screens instead of pulling levers, punching cards or
marking ballots. Some of them have used the machines before, but this year will
see their most widespread use yet. It is a key test of their reliability as they
take a major part in determining the outcome of what might be one of the closest
presidential elections in American history. Many have championed "direct recording electronic" voting as the only
replacement to the antiquated systems that spawned disasters such as the 2000
Florida presidential election voting debacle, but some predict that they will
punch a gaping hole in the nation's democratic fabric. "I see electronic voting machines as undermining democracies," said former
Democratic presidential candidate and Vermont Gov. Howard Dean. "What could
happen is an election with less credibility than the presidential election in
2000 had." Some voting machine makers already are testing versions of their machines
with printers attached, but that could add hundreds of dollars to the cost of
the hardware. State and local governments have already spent millions of dollars
on computerized voting machines, and do not relish shelling out more cash. Local
elections boards say that even if they wanted to, they can't do it in time for
this election because the machines would have to undergo a new round of federal
and state certification. Paper trails will not make voting more secure, said Maryland State Board of
Elections Administrator Linda Lamone. "The state has complete control over the
entire process," she said. "It's a 'Chicken Little' issue." Lamone said successfully hacking the voting system "would be extremely
unlikely. ... We've developed a security plan for the entire agency, everything
from the computers on our desks all the way to the voting system." Maryland became one of the flashpoints in the electronic voting debate after
it spent $55 million on machines made by Diebold Election Systems. A 2003 report
co-authored by Johns Hopkins University professor Aviel D. Rubin subsequently
determined that the machines could be subjected to manipulation by hackers. In
addition, a study commissioned by Gov. Robert Ehrlich (R) and conducted by SAIC
Corp. revealed security problems, as did a study commissioned by the state
Department of Legislative Services, conducted by Columbia-based RABA
Technologies. All this prompted Truevotemd.org's more than 2,000 members to demand the
right to vote on paper, but the elections board refused. In California, Secretary of State Kevin Shelley (D) said the machines can be
used only if voters are allowed to use paper ballots upon request, poll workers
are properly trained and the machines are never connected to the Internet. Maryland's paper trail proponents think Shelley's plan could work for the
rest of the country, which is still awaiting guidelines from the federal
Elections Assistance Commission. The commission was established by Congress to
develop the guidelines after lawmakers approved $3.9 billion in funding to help
states modernize their voting systems by 2006. Maryland Del. Karen S. Montgomery (D-Montgomery) and other legislators have
urged Ehrlich to hold a special session to pass legislation requiring a paper
trail after the General Assembly failed to act on a similar bill before the end
of the regular session. Montgomery said that the chance of a special session is
unlikely considering the last one was held in 1992. Ehrlich spokesman Henry
Fawell said the governor is satisfied with the fixes that the elections board
made following the security reports, and is confident that the machines are
ready for use in November. The Maryland e-voting debate has coincided with Lamone's battle with the
state's Republican-led elections board, which has been trying to remove the
Democratic appointee from her post, only to have its arguments -- like those of
the paper-trail advocates -- put off until after the November election. "I am very sorry and disturbed that the Maryland exploration of the need for
a voter-certified paper trail has been so distorted and so mixed up with, shall
we say, personalities and politics, rather than dealing with the ... fact that
it is not a secure system and is absolutely vulnerable to various distortions,"
said Montgomery, who like Lamone is a Democrat, but opposes the Diebold
machines. Lamone fiercely defends the new technology: "I can tell you that the voters
overwhelmingly love the equipment. ... We are hearing from some folks who are
buying into this paper-trail issue. They don't understand the procedures that we
use to ensure that nothing can happen to the voting system." The procedures
include software and hardware testing, double-sealing with special tape designed
to show when tampering has occurred, and rereading of memory cards by counties
the day after the election, Lamone said. The District of Columbia and Virginia have taken different approaches to
electronic voting. D.C. voting officials mandated that every precinct have one
Sequoia Systems AVC Edge machine alongside an optical-scan system that requires
voters to mark their choices on paper by filling in an oval with a pen, then
running the card through a scanning machine. The touch-screen machines were
brought in to settle a lawsuit charging that the optical-scan systems were not
accessible to disabled voters, according to officials, but anyone can use
them. In an election Sept. 14, the dual system led to a three-hour delay in
releasing final results when the last data cartridges from the touch-screen
machines arrived at the elections board well after the paper-ballot totals. D.C.
elections board Chairman Wilma A. Lewis told The Washington Post that the board
would use the time leading up to the Nov. 2 election to find ways to improve the
reporting of results. Virginia's elections board leaves the decision in the hands of local
officials. Some Northern Virginia communities, including Manassas, Manassas Park
and Prince William County, will use electronic voting technology for the first
time this year. Others, such as Alexandria, Arlington County, Fairfax City and
Fairfax County have used it in several elections. Falls Church and Fredericksburg did not upgrade their systems in time for the
November election, which means that next year's elections for governor,
lieutenant governor, attorney general and House of Delegates would be the
earliest time that residents of those cities might use electronic voting
machines. The same is true for Fauquier, Spotsylvania and Stafford counties, but
not because they are worried about paper records. "Do I want to see a receipt given to each person? No I don't," said Betsy
Mayr, deputy registrar for Fauquier County. "On a touch-screen they have ample
opportunity to see that they have voted everything that they want to vote on
that ballot." Stafford County Registrar Ray Davis said the controversy has been generated
by "the pseudo-experts that they think they... can program the [touch-screen]
equipment." Davis said that the county will buy a computerized system once the
Elections Assistance Commission develops guidelines. "We trust them," said T.Q. Hutchinson, voting secretary for Fairfax City. The General Assembly earlier this year approved a resolution by Del. Tim Hugo
(R-Fairfax) to convene a commission to come up with recommendations on
electronic voting, but those recommendations probably will be released no
earlier than two years from now. That action followed an incident in Fairfax
County last November in which Republicans blamed a school board candidate's
narrow loss on malfunctioning e-voting machines manufactured by Frisco,
Texas-based Advanced Voting Solutions. Loudoun County will use optical scanning ballots this November. Next year it
hopes to buy a supplemental device from Glen Ellyn, Ill.-based Automark that
allows disabled voters to cast their ballots on optical-scan machines without
assistance. The device, which was developed with assistance from Diebold
competitor Election Systems & Software, is still awaiting its federal
certification. "In our county we've had so many recounts that if worse came to worst, we
could always count the ballots by hand," said Election Board Secretary Dianna
Price. Arlington, which has already used its touch-screen devices in three
elections, has refined its techniques for training poll workers, said General
Registrar Linda Lindberg, after some rough patches marred the machines' debut in
November 2003. Partly because the system was introduced close to the election,
the instructions for shutting down the machines were missing some key steps,
Lindberg said, with delays resulting from workers' efforts to figure out the
procedure. Arlington now prepares workers with a three-tiered training regimen -- a
first level for neophytes, a second that acts as a refresher course for
experienced workers and a third for precinct chiefs. For jurisdictions that using only electronic voting machines, opponents of
the systems say that people who want paper records should try to vote by
absentee ballot. The District, Maryland and Virginia allow absentee voting for a
variety of reasons, but do not have an allowance for people who distrust
electronic voting machines. Maryland and Virginia officials will not allow
people to vote on paper ballots at the polls unless they use "provisional
ballots" if their names do not appear on the voting rolls but they insist they
are registered. No one thought that electronic voting machines would be such a controversial
subject. First used in the late 1980s, they were one more unremarkable, albeit
modern way to perform a civic duty. E-voting got hot in a hurry after irregularities in southern Florida nearly
derailed the 2000 presidential race between George W. Bush and then-vice
president Al Gore. While all kinds of problems, from registration foul-ups to
voter error, affected the vote totals, it was the infamous punchcard ballot that
captured the national imagination and injected poll-worker jargon about
"pregnant" and "hanging" chads into the popular vocabulary. The problems in Florida led Congress to pass the Help America Vote Act in
2002, which requires every voting district to modernize its election systems by
2006, authorizing $3.9 billion to make it happen. Many states leaped at the
chance, even though the commission that is supposed to develop the guidelines
for their use was appointed nearly a year late. As a result, more than 50 million voters will use the machines this November,
according to Election Data Services in Washington, D.C. That compares to 55.7
million voters who use optical scan machines, and 55.4 million who use
punchcards, levers or paper ballots. Americans' attitudes toward electronic voting machines are generally positive
but complex, according to a survey commissioned by the Center for Public Policy
and Administration at the University of Utah. Asked which voting method they
were most comfortable with, 38.3 percent of the 829 registered voters questioned
chose electronic, versus 29.5 percent for optical scan, 18.4 percent for punch
cards and 8 percent for other methods. An overwhelming majority said electronic
systems made voting easier for the disabled. Asked whether electronic systems
are more accurate than other methods, 39.4 percent agreed and 27 percent
disagreed. At the same time, a similar plurality -- 38.2 percent to 27.5 percent --
agreed that "electronic voting systems increase the potential for fraud." Even
more indicated worries about "unintentional failures" -- 43.3 percent to 22.2
percent. (The margin of error for the overall numbers is 3.4 percentage
points.) This seeming discrepancy in attitudes is even more pronounced in respondents
between the ages of 18 and 27. Of these younger voters, 56.1 percent favored
electronic voting over other methods, and 54.5 percent said it was more
accurate. But they also said, by a 49.5 percent to 18.9 percent margin, that the
machines were more vulnerable to fraud -- and were less worried about
unintentional failure than the national average. "This is their experience with electronic technology. They've had their iPods
freeze up, but they also want to use these technologies," said study co-author
Thad E. Hall, a Utah political science professor. "Anything can screw up. ... As
the 2000 election showed, you can even screw up a paper election. They see the
tradeoffs but they're willing to accept them." Some in Congress have taken up the standard of paper-trail advocates.
"Chances are there won't be a problem, but we'll never know," said U.S. Rep.
Rush Holt (D-N.J.), who has authored a bill in the House of Representatives to
require a voter-verified paper record. "Is there a person alive in the 20th
century who hasn't encountered a bug in the computer? Even in computers where
the programmers swear they got everything right." Holt's bill, co-sponsored by Rep. Thomas Davis III (R-Va.), is frozen in the
House Administration Committee. Chairman Bob Ney (R-Ohio) believes that the
Elections Assistance Commission and the Federal Election Commission should
resolve the issue, said spokesman Brian Walsh. "A lot of rhetoric and conspiracy
is taking the place of hard facts and science," Walsh said. Sen. Bob Graham (D-Fla.) is sponsoring a similar bill, and recently added
Maryland Sen. Barbara Mikulski (D) to his list of supporters. However, he does
not expect results in time to affect the upcoming presidential contest. "I wish we could do something, but in terms of actually having it pass and
signed into law and having an effect on the November 2004 election, that's not
going to happen," Graham said. "If there were some kind of major meltdown on Election Day, there might be
the possibility of these bills moving forward post-election," said Doug Chapin,
director of electionline.org, a nonpartisan clearinghouse that monitors and
analyzes election reforms. "This is a crisis-driven issue." Mikulski's jump into the paper-trail camp came a day after she had difficulty
registering her vote on a touch-screen unit being demonstrated at the Takoma
Park Folk Festival. Although she eventually was able to submit her choice, the
experience affirmed "the idea that there needs to be a paper trail," a Mikulski
spokesman told The Baltimore Sun. The incident touched off an episode in which a
volunteer election worker refused to return the machine and arranged for it to
be examined by an expert hired by CBS News at the offices of TrueVotemd.org. Aside from such high-spirited goings-on, state political parties in the
metropolitan area have tried to stand aloof from the debate. "We are following the lead of the legislature and the governor," said
Maryland Democratic Party Executive Director Josh White. "We're sympathetic but
we feel there's no reason to call for a halt to the use of the machines."
Maryland Republican Party spokeswoman Deborah Martinez said she has not heard
"much of an uproar" from constituents. Laura Bland, spokeswoman for the Democratic Party of Virginia, said that the
party is concerned about touch-screen technology, but "we have every confidence
in the State Board of Elections." Virginia Republican Party spokesman Shawn
Smith said that the subject "is not something we have taken a position on or
focused on." The Republican National Committee also has taken no official position, said
spokeswoman Christine Iverson. Tony Welch, press secretary for the Democratic
National Committee, said that the party's platform calls for voting systems that
are accessible to all voters and independently audited. "We know that the
[electronic] machines are going to be in use this election, so our focus is to
make sure that voters are educated in how to use the machines, making sure that
election officials are properly trained as well and making sure that the
machines are tested," Welch said. The Bush-Cheney and Kerry-Edwards campaigns did not return telephone calls
seeking comment. Taking a firm position on touch-screen voting can produce touchy reactions
among influential voting blocs. Some of the biggest supporters are the disabled, who welcome the machines
because they come outfitted with a variety of devices that allow nearly everyone
to vote unassisted, and more importantly, in private. James Gashel, executive director of strategic initiatives at the National
Federation for the Blind, testified in favor of touch-screen machines in court
last month in defense of the Maryland state elections board. "If we're going to
have accessible paper trails, then they need to have accessible information for
blind people as well," said Gashel, a resident of Baltimore who said that he has
never had the ability to vote without help from someone else. On the other side are groups representing minorities, arguing that
touch-screen voting without a paper trail could make it easier for a corrupt
elections official to make those votes disappear. "We are concerned about the
fact that this is not a tried-and-true system," said Melanie Campbell, executive
director of the National Coalition on Black Civic Participation. "What we are
concerned about is voter confidence." In the University of Utah survey, black voters' attitudes about voting
technology diverged significantly from whites', with 52.2 percent favoring
electronic methods, while putting optical-scan systems below punch cards. They
were also more concerned about unintentional failures than fraud. Some of the companies whose machines will be used in the Washington area said
that they are developing versions of their machines that can produce paper
records that voters can see. "We are going to provide whatever our customers need," said Michelle Shafer,
spokeswoman for Austin, Texas-based Hart InterCivic, whose eSlate machine is
used by Alexandria. Alfie Charles, spokesman for Oakland, Calif.-based Sequoia, said its AVC Edge
machines in Nevada already are being used in early voting with paper trails and
that the results have been good so far. The printers, he said, add an extra $800
onto the cost of a $3,200 machine. Diebold spokesman David Bear said that the company is working on prototypes,
but added that it is a solution for a problem that has not been proven. "There
is no entry point for someone to hack the system," he said. "It's like saying
you could hack into my clock radio." All the wrangling that has taken place over electronic voting the past year
has pointed out one inescapable conclusion, many observers say: Touch-screen
machines may not be the ideal solution to voting error and fraud, but their
weaknesses are simply the latest variation in a process that has never been
completely secure. "I think most Americans are very naive about the potential for fraud," said
Rep. Vernon Ehlers (R-Mich.), who authored a bill calling for federal standards
to govern how electronic voting machines are used. "They think that went out
with the Pendergast machine and Tammany Hall, but with computers, if you get the
right person involved, there's always a possibility of fraud." Gashel noted that older voting systems have experienced problems of their
own. "We're not convinced that [touch-screen voting] is a problem to the extent
that it is with some other systems," he said. "I know that computers can make
mistakes but mechanical mechanisms can make mistakes too." Then there is the human factor. "We have about 8,000 election officials in the country who'll be supervising
193,000 polling places and about 1.5 million Americans who are going to serve
their fellow citizens as poll workers," said Paul DeGregorio, one of the
commissioners on the Elections Assistance Commission. "We're still dealing with
human beings who run elections." R. Michael Alvarez, a California Institute of Technology professor and
co-director of an electronic voting research project run by Caltech and the
Massachusetts Institute of Technology, said 4 million to 6 million votes were
lost nationally in the 2000 presidential election because of a variety of
problems. According to a 2001 report issued by the Caltech-MIT group, as many as
2 million of those votes were lost because of faulty ballots or equipment
problems, but up to 3 million were lost due to registration mix-ups, with
another possible 1 million votes lost through botched polling-place
operations. Alvarez, who co-authored the Utah study with Hall, said electronic voting
could cause problems, but it could also prove to be more accurate than any other
voting method. "We're going to be running a massive experiment on Nov. 2," he
said. Linda Schade, of course, does not want to participate in this kind of
experiment, especially one that will be done live. On Election Day, she says
she'll send her TrueVotemd troops out in a statewide pollwatching effort.
"You're talking about a crisis in voter confidence, a crisis in accountability
in terms of the certainty of elections results," she said. "That's a big
problem." washingtonpost.com staff writer Bob Greiner contributed to this
article.