December 23, 2024

Evidence of New Jersey Election Discrepancies

Press reports on the recent New Jersey voting discrepancies have been a bit vague about the exact nature of the evidence that showed up on election day. What has the county clerks, and many citizens, so concerned? Today I want to show you some of the evidence.

The evidence is a “summary tape” printed by a Sequoia AVC Advantage voting machine in Hillside, New Jersey when the polls closed at the end of the presidential primary election. The tape is timestamped 8:02 PM, February 5, 2008.

The summary tape is printed by poll workers as part of the ordinary procedure for closing the polls. It is signed by several poll workers and sent to the county clerk along with other records of the election.

Let me show you closeups of two sections of the tape. (Here’s the full tape, in TIF format.)

Above you can see the vote totals on this machine for each candidate. On the Democratic side, the tally is Obama 182, Clinton 179. On the Republican side it’s Giuliani 1, Romney 13, McCain 40, Paul 3, Huckabee 4.

Above is the “Option Switch Totals” section, which shows the number of times each party’s ballot was activated: 362 Democratic and 60 Republican.

This doesn’t add up. The machine says the Republican ballot was activated 60 times; but it shows a total of 61 votes cast for Republican candidates. It says the Democratic ballot was activated 362 times; but it shows a total of 361 votes for Democratic candidates. (New Jersey has a closed primary, so voters can cast ballots only in their own registered party.)

What’s alarming here is not the size of the discrepancy but its nature. This is a single voting machine, disagreeing with itself about how many Republicans voted on it. Imagine your pocket calculator couldn’t make up its mind whether 1+13+40+3+4 was 60 or 61. You’d be pretty alarmed, and you wouldn’t trust your calculator until you were very sure it was fixed. Or you’d get a new calculator.

This wasn’t an isolated instance, either. In Union County alone, at least eight other AVC Advantage machines exhibited similar problems, as did dozens more machines in other counties.

Sequoia, the vendor, is trying to prevent any independent investigation of what happened.

Tomorrow: Sequoia’s story about how this happened, and why it’s inadequate.

UPDATE (March 20): We now have copies of nine anomalous tapes, including the one shown above. They’re on our New Jersey voting documents page.

Interesting Email from Sequoia

A copy of an email I received has been passed around on various mailing lists. Several people, including reporters, have asked me to confirm its authenticity. Since everyone seems to have read it already, I might as well publish it here. Yes, it is genuine.

====

Sender: Smith, Ed [address redacted]@sequoiavote.com
To: ,
Subject: Sequoia Advantage voting machines from New Jersey
Date: Fri, Mar 14, 2008 at 6:16 PM

Dear Professors Felten and Appel:

As you have likely read in the news media, certain New Jersey election officials have stated that they plan to send to you one or more Sequoia Advantage voting machines for analysis. I want to make you aware that if the County does so, it violates their established Sequoia licensing Agreement for use of the voting system. Sequoia has also retained counsel to stop any infringement of our intellectual properties, including any non-compliant analysis. We will also take appropriate steps to protect against any publication of Sequoia software, its behavior, reports regarding same or any other infringement of our intellectual property.

Very truly yours,
Edwin Smith
VP, Compliance/Quality/Certification
Sequoia Voting Systems

[contact information and boilerplate redacted]

pesky details with getting a voting system correct

Today was the last day of early voting in Texas’s primary election. Historically, I have never voted in a primary election. I’ve never felt I identified enough with a particular political party to want to have a say in selecting their candidates. Once I started working on voting security, I discovered that this also allowed me to make a legitimate claim to being “non-partisan.” (While some election officials, political scientists, and others who you might perhaps prefer to be non-partisan do have explicit partisan views, many more make a point of similarly obscuring their partisan preferences like I do.)

In Texas, you are not required to register with a party in order to vote in their primary. Instead, you just show up and ask for their primary ballot. In the big city of Houston, any registered voter can go to any of 35 early voting locations over the two weeks of early voting. Alternately, they may vote in their home, local precinct (there are almost a thousand of these) on the day of the election. There have been stories of long lines over the past two weeks. My wife wanted to vote, but procrastinating, we went on the final night to a gigantic supermarket near campus. Arriving at 5:50pm or so, she didn’t reach the head of the queue until 8pm. Meanwhile, I took care of our daughter and tried to figure out the causes of the queue.

There were maybe twenty electronic voting machines, consistently operating at between 50-70% utilization (i.e., as many as half of the voting machines were unused at any given time). Yet the queue was huge. How could this be? Turns out there were four people at the desk in front dealing with the sign-in procedure. In a traditional, local precinct, this is nothing fancier than flipping open a paper printout to the page with your name. You sign next to it, and then you go vote. Simple as can be. Early voting is a different can of worms. They can’t feasibly keep a printout with over a million names of it in each of 35 early voting centers. That means they need computers. Our county’s computers had some kind of web interface that they could use to verify the voter’s registration. They then print a sticker with your name on it, you sign it, and it goes into a book. If a voter happens to present their voter registration card (my wife happened to have hers with her), the process is over in a hurry. Otherwise, things slow down, particularly if, say, your driver’s license doesn’t match up with the computer. “What was your previous address?” Unsurprisingly, the voter registration / sign-in table was the bottleneck. I’ve seen similar effects beforehand when voting early.

How could you solve this problem? You could have an explicit “fast path” for voters who match quickly versus a “slow path” with a secondary queue for more complicated voters. You can have more registration terminals. You could have roving helpers with PDAs and battery-powered printers that try to get further back into the queue and help voters reconcile themselves with their “true” identity. There’s no lack of creativity that’s been applied to solving this class of problems outside of the domain of election management.

Now, these voter registration systems are not subject to any of the verification and testing procedures that apply to the electronic voting machines themselves. Any vendor can sell pretty much anything and the state government doesn’t have much to say about it. That’s both good and bad. It’s clearly bad because any vetting process might have tried to consider these queueing issues and would have issued requirements on how to address the problem. On the flip side, one of the benefits of the lack of regulation is that the vendor(s) could ostensibly fix their software. Quickly.

To the extent there’s a moral to this story, it’s that the whole system matters. For the most part, we computer security folks have largely ignored voter registration as being somebody else’s problem. Maybe there’s a market for some crack programmer to crank out a superior solution in the time it took to read this blog post and get us out of the queue and into the voting booth.

(Sidebar: Turns out, the Texas Democratic Party has both a primary election and a caucus. Any voter who casts a vote in the primary is elgible to caucus with the party. The caucus locations are the same as the local polling places, with caucusing starting 15 minutes after the close of the polls. Expect stories about crowding, confusion, and chaos, particularly given the crowded, small precinct rooms and relatively few people with experience in the caucusing process. Wikipedia has some details about the complex process by which the state’s delegates are ultimately selected. There may or may not be lawsuits over the process as well.)

The continuing saga of Sarasota's lost votes

At a hearing today before a subcommittee of Congress’s Committee on House Administration, the U.S. Government Accountability Office (GAO) reported on the results of their technical investigation into the exceptional undervote rate in the November 2006 election for Florida’s 13th Congressional District.

David Dill and I wrote a long paper about shortcomings in previous investigations, so I’m not going to present a detailed review of the history of this case. [Disclosure: Dill and I were both expert witnesses on behalf of Jennings and the other plaintiffs in the Jennings v. Buchanan case. Writing this blog post, I’m only speaking on my own. I do not speak on behalf of Christine Jennings or anybody else involved with the campaign.]

Heavily abridged history: One in seven votes recorded on Sarasota’s ES&S iVotronic systems in the Congressional race were blank. The margin of victory was radically smaller than this. If you attempt to do a statistical projection from the votes that were cast onto the blank votes, then you inevitably end up with a different candidate seated in Congress.

While I’m not a lawyer, my understanding of Florida election law is that the summary screen, displayed before the voter casts a vote, is what really matters. If the summary screen showed no vote in the race and the voter missed it before casting the ballot, then that’s tough luck for them. If, however, the proper thing was displayed on the summary screen and things went wrong afterward, then there would be a legal basis under Florida law to reverse the election.

Florida’s court system never got far enough to make this call. The judge refused to even allow the plaintiffs access to the machines in order to conduct their own investigation. Consequently, Jennings took her case directly to Congress, which has the power to seat its own members. The last time this particular mechanism was used to overturn an election was in 1985. It’s unclear exactly what standard Congress must use when making a decision like this. Should they use Florida’s standard? Should they impose their own standard? Good question.

Okay, then. On to the GAO’s report. GAO did three tests:

  1. They sampled the machines to make sure the firmware that was inside the machines was the firmware that was supposed to be there. They also “witnessed” the source code being compiled and yielding the same thing as the firmware being used. Nothing surprising was found.
  2. They cast a number of test ballots. Everything worked.
  3. They deliberately miscalibrated some iVotronic systems in a variety of different ways and cast some more test votes. They found the machines were “difficult to use”, but that the summary screens were accurate with respect to the voter’s selections.

What they didn’t do:

  • They didn’t conduct any controlled human subject tests to cast simulated votes. Such a test, while difficult and expensive to perform, would allow us to quantify the extent to which voters are confused by different aspects of the voting system’s user interface.
  • They didn’t examine any of the warehoused machines for evidence of miscalibration. They speculate that grossly miscalibrated machines would have been detected in the field and would have been either recalibrated or taken out of service. They suggest that two such machines were, in fact, taken out of service.
  • They didn’t go through any of ES&S’s internal change logs or trouble tickets. If ES&S knows more, internally, about what may have caused this problem, they’re not saying and GAO was unable to learn more.
  • For the tests that they did conduct, GAO didn’t describe enough about the test setup and execution for us to make a reasonable critique of whether their test setup was done properly.

GAO’s conclusions are actually rather mild. All they’re saying is that they have some confidence that the machines in the field were running the correct software, and that the software doesn’t seem to induce failures. GAO has no opinion on whether poor human factors played a factor, nor do they offer any opinion on what the legal implications of poor human factors would be in terms of who should have won the race. Absent any sort of “smoking gun” (and, yes, 18,000 undervotes apparently didn’t make quite enough smoke on their own), it would seem unlikely that the Committee on House Administration would vote to overturn the election.

Meanwhile, you can expect ES&S and others to use the GAO report as some sort of vindication of the iVotronic, in specific, or of paperless DRE voting systems, in general. Don’t buy it. Even if Sarasota’s extreme undervote rate wasn’t itself sufficient to throw out this specific election result, it still represents compelling evidence that the voting system, as a whole, substantially failed to capture the intent of Sarasota’s voters. Finally, the extreme effort invested by Sarasota County, the State of Florida, and the GAO demonstrates the fundamental problem with the current generation of paperless DRE voting systems: when problems occur, it’s exceptionally difficult to diagnose them. There simply isn’t enough information left behind to determine what really happened during the election.

Other articles on today’s news: CNet News, Bradeton Herald, Sarasota Herald-Tribune, NetworkWorld, Miami Herald (AP wire story), VoteTrustUSA

UPDATE (2/12): Ted Selker (MIT Media Lab) has a press release online that describes human factors experiments with a Flash-based mock-up of the Sarasota CD-13 ballot. They appear to have found undervote rates of comparable magnitude to those obvserved in Sarasota. A press release is very different from a proper technical report, much less a conference or journal publication, so it’s inappropriate to look to this press release as “proof” of any sort of “ballot blindness” effect.

Unattended Voting Machines, As Usual

It’s election day, so tradition dictates that I publish some photos of myself with unattended voting machines.

To recap: It’s well known that paperless electronic voting machines are vulnerable to tampering, if an attacker can get physical access to a machine before the election. Most of the vendors, and a few election officials, claim that this isn’t a problem because the machines are well guarded so that no would-be attacker can get to them. Which would be mildly reassuring – if it were true.

Here’s me with two unattended voting machines, taken on Sunday evening in a Princeton polling place:

Here are four more unattended voting machines, taken on Monday evening in another Princeton polling place.

I stood conspicuously next to this second set of machines for fifteen minutes, and saw nobody.

In both cases I had ample opportunity to tamper with the machines – but of course I did not.