Four to one for dictatorship

Reputedly, former Supreme Court Justice Sandra Day O'Connor said, in a speech that NPR's Supreme Court reporter, Nina Totenberg, heard, "It takes a lot of degeneration before a country falls into dictatorship, but we should avoid these ends by avoiding these beginnings.”

Early this afternoon the NH Ballot Law Commission was faced with a decision about whether to approve a software upgrade for electronic voting machines. Unfortunately, they made a decision to support the Diebold upgrade, despite strong and undisputed evidence that the technology in question is inadequate. We may not be able to define adequacy in education in New Hampshire, but machines that can be hacked into and where the code has enough bugs to keep Tom Delay in business (he was an exterminator before he was a US Representative) are certainly not adequate to protect the fundamental right upon which America is built: voting.

Though today's hearing was primarily framed by both supporters and opponents of the software upgrade as being about orange numbered seals, memory cards, firmware, software code and programming, this was really about public perception of the election process and maintaining NH's exemplary standards.

I care less about the actual susceptibility of the machines, which might allow some tricksters to gain a few votes here and there, than I do about the thousands of voters whose confidence in the integrity of our voting systems will be shaken by this terrible decision. People, even Justice O'Connor, are discouraged about our democratic processes. Now is the exact wrong moment for this decision.

I am just "some man down the street" not the California Secretary of State's Office or the New Hampshire Secretary of State's Office so my opinion will means little. The vendor, Mr. Sylvestri, had the unmitigated gall to insult the thirty or so citizens who had dedicated a day to attend the hearing by saying that the opinions of the high and mighty matter more to somebody with a business degree than the opinions of the humble. "I am not a very learned man," said one from the audience...and so his opinion does not count as much?

Aside from the vendor, only a couple city clerks and deputy clerks testified in favor of the software upgrade. Their reason: laziness. Now, granted, that is a bit unfair. Requiring people to stay up past their bedtime every two years or so and do hand counts is a bit of a Luddite proposition, but I hang out my laundry and have never valued convenience above truth. Sometimes democracy takes some hard work. To say, as the city and county clerks association did, that election officials will abandon their posts in droves is mere scaremongering, though. I say, let them quit. They will be replaced by dozens of citizens who value and honor our democracy, who are willing to take the time required to avoid the slide into dictatorship.

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Union Leader's report

Sunday's Union Leader gets a few facts wrong, and a few facts right. Like, they approved firmware and not memory cards. But hey, it's a complicated issue and if the Ballot Law Commissioners couldn't take the time to study it before making a crucial decision that affects our entire democratic process, we should be glad the Union Leader covered the story (sort of) and got most things right!!! More than can be said for four of the five Commissioners.... I am posting their teeny report on this humongous issue below. But first, let me point out that the Manchester Dep. Clerk's "carefully choreographed" tracking of the memory cards apparently didn't account for the vendor's self described process, which includes shipping the memory cards that contain all our election data via UPS! Holy cannoli. Sounds like a HUGE SECURITY HOLE IN THE PROCESS.

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UNION LEADER SUNDAY MARCH 12 REPORTS:

"COUNTING VOTES"

"The Ballot Law Commission voted 4-1 to spend about $10,000 on new memory cards for vote counting machines that are in use all over the state.

"The cards will enable the machines to count new ballots, that are arranged by columns — Republican, Democrat, other parties and write-ins.

"The Legislature passed a law last year that switched the ballots from the design that grouped candidates by office. Democrats always felt the design gave Republicans an advantage because the GOP was listed first. The new design puts candidates for each office side-by-side.

"Nancy Tobi of Democracy for New Hampshire said some studies of the memory cards and the Diebold AccuVote optical scanners showed they are subject to several kinds of tampering. DNH wants a return to hand-counting to make the vote tallying process transparent.

"Clerks said the state has grown too much to ever return to hand counts. Manchester Deputy Clerk Tricia Piecuch said election officials take great precautions with the cards, with carefully choreographed procedures that involve testing, tamper-evident seals, vault storage and observers from both parties in the rare instances a replacement is needed.

"Paul Twomey, Democratic party lawyer, said the real question is how the card is coded before it gets into local officials’ hands.

"Ronald Reagan put it best, Twomey said: “‘Trust but verify.’ Remember, this is the state where people committed felonies to swing an election in 2002.” "