Accusations of Voter Fraud in NYC: It's a maintenance issue!

There is a diary at the top of the recommended list on Daily Kos citing voting problems in NYC with some accusations that Hillary's people are disenfranchising black voters. A genuine red flag was raised when it was noticed that a heavily black election district in Harlem was recorded as having zero votes for Barack Obama. This is clearly unlikely and therefore genuinely raised people's concern. And it brings up several important issues regarding voting machines. But one thing this should NOT cause is accusations of fraud on the part of Clinton's campaign. From first hand experience, I can suggest that the problem was not an intentional undercount of Obama voters, but a maintenance problem with the voting machines used in NYC.

In NYC we use very old lever machines that record the votes using mechanical counters inside the machine. It is all mechanical with each vote for a candidate tuning a counter wheel inside by one digit. As long as these machines are properly set to zero before voting begins and the votes in the end are tallied in an open manner, and as long as the machines are not re-set before the vote is properly tallied, fraud can be avoided. Of course you can see how if an election board is corrupt there is room for fraud, but with bipartisan election boards and with a chance for any campaign or local political club to see the backs of the machines at the end of voting and record their own tally, the system seems pretty fair and open.

But there is one problem. The machines are very old and because it has been assumed for some time that they will eventually be replaced, they are not properly maintained. The mechanical wheels that record each vote are kind of sticky, so they don't always fully move to the next digit. I have seen this personally comparing tallies at the end of a primary election in 2006. If a wheel gets stuck going from 9 to 10 (or 19 to 20, or 29 t0 30, etc.) of from 99 to 100, someone looking at the back of the machine might either see it as 10 or zero (or 10 or 20, or...you get the idea). So it can happen that a tally gets undercounted by 10 or 100 votes simply because of the fact the machines are poorly maintained.

I first noticed this when I was looking in the back of a machine to get a tally for a friend running for office. I saw my count for him was 10 votes higher than the unofficial tally written down by the poll worker. I called him over and politely disagreed with his count. He was very nice about it, looked at the machine, and agreed with me, and changed his final tally.

The same night at the same polling place I noticed two other discrepancies between tallies another friend made and the tally made by the poll workers. This was after the machines were being sealed and the unofficial poll worker tallies finalized. In one case the poll worker recorded zero votes for Hillary running for Senate in one election district, and my friend had written down 100 votes. Once again the wheel was stuck between digits and one person interpreted it as zero votes, the other as 100 votes. Given that the people doing this are all tired after a long day, errors are bound to happen.

In theory all these machines are sealed at the end of election night, hauled to a warehouse and then later an official count is done. Presumably this official count is done far more carefully, though I have never been a witness to this so I can't vouch for it. Presumably any campaign can question tallies if their counts don't match the unofficial or official counts from the election boards. I welcome information on the final, official counting system.

So let's get back to the undercount in Harlem. The initial red flag of a district in Harlem having no votes for Obama in the unofficial tally by the poll worker is almost certainly due to this kind of mechanical problem leading someone to record what should have been 100 votes as zero votes. In theory it SHOULD be corrected when the official count is done. It is almost certain that Hillary Clinton had NOTHING TO DO WITH IT. People jumping to that conclusion are being way to quick to judge.

It also brings up questions about voting machines in general. Every system will have flaws. Every system will be open to some kind of fraud or another. The key is to have a system where fraud and errors CAN be detected and corrected.

Our lever machine in NYC, if the system is sufficiently transparent and monitored, and the machines were properly maintained, is a good one. The counts can be recorded by many people, both official poll workers and individual campaigns, newspapers, etc. before the machines are sealed. They are sealed in front of all these people then stored in a warehouse. Official counts are then made. Assuming these are properly done and monitored, and each campaign has a chance to check for discrepancies with the counts they made on election night, all will be well. The main problem is lack of maintenance.

PB/OS machines clearly have problems. Many of the problems in Ohio in 2004 were on PB/OS machines. But in the case of PB/OS machines there is still a paper ballot that can be recounted. There is a check on the official tallies if an election board handles the situation properly. The problem in Ohio was a corrupt election board dominated by one party, the Republicans. This meant that even court orders to check the counts were ignored by an election board that was partisan. New York has bipartisan election boards, so in theory we can avoid the fraud that probably took place in Ohio in 2004. Partisan election boards are also a problem in Florida. In 2004 Jimmy Carter's organization that monitors elections around the world and is highly respected around the world refused to monitor Florida's elections because they did not meet the minimum requirement for a fair election. The reason they did not qualify as a fair election was because they have a partisan election board. For PB/OS machines to be acceptable you need bipartisan (or maybe even multipartisan?) election boards and transparency. Maintenance will also, of course, be an issue.

Then we come to the DRE machines. These are the most flawed and unacceptable. Even with a good election board, you cannot have a fair election because there a.) is no paper trail, and b.) there is no transparency. With DRE machines it is all recorded digitally...even the tiny paper "receipts" that some machines give the voter are NOT an officially recognized paper trail. This means THERE CAN BE NO RECOUNT. There is no independent count for the vote that can be checked and compared like the lever machines in NYC or PB/OS machines have. Additionally there is no transparency. The software for doing the counts is owned by a company and that company keeps it secret. So no one knows what the machine does. If fraud were committed either by the company on behalf of a candidate they like or by a hacker, it could never be caught by the public. No paper trail...no recount...no independent check and balance...no transparency. These problems have led to the National Institute of Standards and Technology (NIST) to recommend decertification of DRE machines. NIST is a non-regulatory federal agency within the U.S. Commerce Department's Technology Administration that "promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life." The decision by NIST to recommend decertification should be definitive. When the techies tell you the technology is unacceptable, we should listen.

Every system will have flaws. But proper maintenance of machines, fair and bi- or multi-partisan election boards, a paper trail, good opportunities for recounts if desired, and full transparency are the way to avoid problems with elections. This is really very simple, yet it isn't being done. DRE machines are the worst possible solution because they lack a paper trail, good opportunities for recounts if desired, and full transparency. PB/OS and mechanical machines have problems, but at least they allow for all of the above criteria for a fair election.

So let's stop blaming Hillary Clinton for an Obama undercount in Harlem and instead take this chance to recognize what we really do need for fair elections.

mole333's picture

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Dan Jacoby's picture

Another opinion

It is my view that Senator Clinton had no input into the "errors" being reported, and wouldn't have anything to do with any sort of election fraud. But...

She has a lot of supporters in NYC, and some of them are not above fraud. Furthermore, any Republicans at the polls would be more likely to want Clinton to win than Obama, if only because they have it in their minds that Clinton will energize their base while Obama is more likely to get those votes for himself. So the idea that "bi-partisanship" will save the day can be thrown out the window.

Regarding human errors in reading the machines, when there are so many "errors," they are all the same (i.e. zero votes for Obama), and they are all in the same direction, it is clear that there is more here than human error or machine problems. There is fraud.

Moving on to PB/OS systems in Ohio: The problem there was not with the machines, but with the way votes were tallied. Either they were tallied in a centralized location rather than at the precincts, or they were tallied in secret. Both cases allow for many different methods for election fraud. The votes need to be tallied in public, at the precincts, with the possibility of a hand count of the paper ballots right on the scene. One suggestion that would work is to videotape the entire process, from printing out the tally to opening the box to recounting the ballots -- first by zeroing out the machine and feeding the ballots in while videotaping, then by hand.

Finally, regarding DREs and recounts: What Mole says is correct, but things are worse than he says. Even if the "paper record" were made the official ballot, it still doesn't work. Studies show that well over 90% of voters don't look at that small slip of paper, and of those who do try many are unable to read the tiny type.

Getting back to Mole's close, I don't blame Clinton or her campaign for the discrepancies, but there's too much smoke there not to have a fire underneath.

mole333's picture

Good points

Good additional points on PB/OS and DRE.

As to the NYC election results, the same NYT article the Daily Kos diary was based on indicates that:

City election officials said they were convinced that there was nothing sinister to account for the inaccurate initial counts, and The Times’s review found a handful of election districts in the city where Mrs. Clinton received zero votes in the initial results.

They do think ultimately Obama will benefit from a proper count, but Clinton also had some undercounts.

As for poll workers, I find many of them do as good a job as they can. There are problems. They aren't always clear on what they are supposed to do, some are not so competent (there aren't enough people applying to be poll workers so they take whoever they can get) and by the end of the day they are worn out. But they all seem to take it pretty seriously, at least at the polling places I have been.

Gothanonymous Reader's picture

Both of you got it wrong..

..although Mole sort of hints at the right answer. While machines can be a problem, mostly it is human error. 80 year olds who've just worked 15 hour look at little numbers at the end of the day and shout their reading to someone of the same age who then has to put what he heard into a line on a sheet, which is then called in by a cop who couldn't care less to someone who may have the same viewpoint. Stuff tends to happen.

Mostly it doesn't matter. When it's close people send brigades to inspect the machine and monitor the official count. So,while mistakes occur there, they don't occur anytime exactitide could make a difference. You can be that, in those rare instances where the delegate results would have changed if a few votes votes could have made a difference, the campaigns sent people to make sure it was done right

mole333's picture

Actually

It is also the machines. They really do need maintaining. I saw the wheels caught between two digits and two people read it differently. This IS human error, but made possible by machines that are poorly maintained.

And I do think...and hope...that in the end the scrutiny our system allows leads to proper corrections. Which is one of the points I made on dKos as well...getting attacked for it!

Gothanonymous Reader's picture

One more thing

as Jerry Koeonig, Obama's NY petition gur, and a true Ny eclection expert, pointed out, Obama's name on the ballot came after a ong list of dead candidacies, so someone transcribing a long line of zeroes was likely to put in one more in error. Since the transcribibg was done twice, the chances of this were double.

This is not fraud Danny.

Dan Jacoby's picture

I hope it's not fraud

The problem is, after spending the last few years dealing with the issue of HAVA compliance, I have come across so many instances where "election officials" said nothing serious happened, but fraud was happening either with their support or just right under their noses. Fraud happens, and many people who are supposed to be on top of it don't see it.

That doesn't mean fraud occurred here, but the number of problems (80 EDs that we know of) indicates something far more than a few human errors, especially since we have no reports that errors were in the other direction (favoring Obama). Again, I stress my strong doubt that the Clinton campaign or its people would have done anything here, but I don't put it past local people who support the Clinton campaign and belong to "the machine" from trying some hanky-panky.

One more unrelated item -- there are only eight people on the face of the Earth who are allowed to call me "Danny," and despite your "Gothanonymous" anonymity it's an ironclad guarantee you're not one of them. Please take note for the future.

Dan Jacoby's picture

Another possibility

A thought occurred to me in one of my "Oliver Stone" moments:

Suppose some back room folks decided not to actually cheat, but to skew the unofficial results? The idea is that the official results aren't completed for a couple of weeks, during which their candidate (Clinton) might get enough of a lift that the shift of a few delegates in New York wouldn't matter. In the mean time, she would show a much-needed enormous victory in her adopted home state.

So they get people to report ridiculous totals in some EDs, knowing that the official results will be legitimate. For two weeks the news is all about Clinton's big victory in New York, and when the official numbers come out it doesn't make the headlines. They can say they're not "cheating," since the official results will be accurate, and they can chalk up the "discrepancies" to simple human error.

Meanwhile, they've helped their candidate get "momentum" following a close Super Tuesday.

I know, there's a lot of Oliver Stone here, but stuff like this can easily happen. The really fun part is that while none of us can prove it, nobody can disprove it either.

Gothanonymous Reader's picture

Interesting

However, not necessarily borne out by the results. For instance, in the Harlem ED most commonly cited, Hillary herself was undercounted by 120 votes, which wouldn't comport with your theory.

Moreover, you assume too much about the ability of the "machine" to control such a count; too many intangibles, including poll watchers, other inspectors and the cops. Even if one were purposely skewing the count, you not only would not have to get caught, you would have to count upon the competence of other to ensure your misdeed had actual impact.

Once again, I commend you to Obama's own guy, Jerry Koening. No one, perhaps not even Marty Connor knows this stuff better. His theory of the repeating zeros bears the indicia of decades of experience doing this stuff. since he's a motivated Obama partisan, I think we can take him at his word.

Btw, have you checked the results in the EDs where got Obama zeroed out for what the dead candidates got? I'll bet you Jerry did.

Incidentally, I've my doubts it had any impact on the delegates. In Rangel's CD, where the most cited example took place, the delgate split 50/50; given Obama lost the CD either way, it would take an astromical jump for the results to change. Were any contests for the last delgate even close enough for it to have an impact?

Gothanonymous Reader's picture

Can Obama Supporters Please Get Their Talking Points Straight?

Last week, Bouldin accused Vito Lopez of elevating petty local politics over issues of national imporatance and thereby costing Hillary votes, which, if true, would be disgusting. Mole, while highly critical of Vito's actions, repudiates the article's main charge.

This week, Jacoby accuses Vito and party leaders of engaing in fraud to help Hillary, which, if true, would contradict Bouldin's allegation that Vito was less than zealous in Hillary's behalf, but would, nonetheless, still be disgusting. Mole, without mentioning Vito, repudiates the allegation.

So, in the course of the week Jacoby contradicts Bouldin, and Mole contradicts each of them.

Can't you guys get your stories straight.

You're starting to look like the Clinton campaign.

mole333's picture

Come on

Let's be real here. The stories aren't that different at all. Some of the interpretation is. But the basics are this: Vito Lopez did a slap-dash and potentially illegal job of pushing for Hillary. Meanwhile, Nydia Velasquez did a cleaner and fully legal job for Hillary in the same district with the same handouts, showing what a sloppy "leader" Vito is and possibly showing who was really responsible for Hillary doing well in that area.

Completely separate is a story focused on Harlem (as well as other ares of NYC) that seems to imply electoral fraud favoring Hillary. I point out that the story may be completely explained away by routine problems that are well known by those who close polls in NYC that hopefully (though I don't know for certain) get corrected in the end.

You are connecting the Brooklyn and (mostly) Harlem stories in some way to make Vito into a Hillary Fraud Superhero? Doesn't make sense, man. Since when is Harlem part of Brooklyn?

Gothanonymous Reader's picture

It was a joke Mole; I though that was obvious...

..I mean, you and Bouldin probably couldn't agree on lunch.

But, the point was that the machine as an all-encompassing evil enterprise conspiring to ensure Hillary's victory is one that is contradicted by the facts. The line about you guys not keeping your stories straight is only to point out the absurdity of consistently blaming anyone for the things said by their supporters. I mean, does nayone really believe that Bob Kerrey ever consults anyone before blurting out the first idiocy that comes to his mind?

Btw, why not ask Jerry Koening about the plam card cropping. I have no idea what he thinks, but I'd sure be interested in hearing it.

Meanwhile, I can't figure out why the Times found this story so newsworthy. "Election Inspectors Make Errors" is surely the ultimate dog bites man story.

Gothanonymous Reader's picture

Forget machine issues...

Forget machine issues...or even human 'error'

Here at my voting center in Brooklyn, as local school...EVERYONE who walked in to vote was not even in the book to even make it to the machines.

We all had to fill out a paper ballot, IN FRONT OF THE PEOPLE AT THE DESK, who were well aware of who we all selected (as we all where of each other as well).

If that is not a complete failure of voting infrastructure, i don't know what is.

Who even knows if our ballots every even made it out of the envelope.

mole333's picture

Interesting!

Maybe you should contact (along with others who ran into this problem) the NY Democratic Lawyers Council. They handle cases like this I think or at least can tell you who does. I have not heard similar reports, but if what you say is true, I do think it should be looked into.

Gothanonymous Reader's picture

Be Grateful

They were following proper procedure. The disgrace is when voters are not given the opportunity to cast an affidavit ballot; and that happens far too often.

What happended to your enrollment. Maybe the inspector missed your name. Maybe you were directed to the wrong table, or went to the wrong table at your own volition.Maybe there was error at the Board in processing your enrollment. Maybe you were not enrolled as a Democrat, but thought you were, because you always vote as for Democrats. All these things happen and more.

Affidavit ballots are processed extremely carefully, especially in a close election with watchful eyes. If they found your enrollment (using computers), and you were voting in the proper party's primary and you were at the right polling place (or filled out a motor-voter affidavit), your vote will mostl likely be be counted (human error is still possible).

Gothanonymous Reader's picture

From Room 8

Counting Votes In New York
posted by Jerry Skurnik
Sun, 02/17/2008 - 1:08pm
Saturday’s NY Times printed a story about the published results of the New York Democratic Presidential Primary having numerous errors.

While the story made it clear to anyone who read it closely that the errors would actually have no bearing on the allocation of delegates, the inevitable has happened. Numerous conspiracy theorists got to work immediately and claimed that this was another case of an election being stolen.

I was going to post something about this but late on Saturday, I received an e-mail from Doug Kellner, the Democratic Co-Chair of the New York State Board of Elections that explained how the votes are counted in New York much better than I could. Here is Kellner’s report –

Sam Roberts' report in this morning's New York Times is really old news to any experienced New York City politico. At the close of the polls, the election inspectors manually copy the numbers from the voting machines onto the "canvass report," which is prepared in triplicate. One copy goes to the borough office of the Board of Elections together with all provisional and emergency ballots. A second copy is maintained by the local police precinct. A third copy is used by a clerk at the local police precinct who types the numbers into the police department main frame computer, which is immediately available to the Election News Service, a local media consortium, who eventually receive the third hard copy of the official canvass report.

Everyone in New York knows that the election night numbers typed by the police clerks are very unreliable and filled with typographical errors. Most of the local Democratic clubs have watchers present at the close of the polls who record the numbers independently. In this particular race, most clubs had both Obama and Clinton supporters who freely shared their numbers. It has been my experience that the numbers collected by the local political organizations are much more accurate than the numbers distributed to the media through their election night consortium.

The NY Times did accurately note that in New York Clinton had the first column and Obama had the fifth column, with candidates who had dropped out in the second, third, fourth and sixth columns, who often did receive zeroes on the voting machines. Therefore, it was a relatively easy typographical error for the clerk at the Police Department to put a zero in the Obama column, which occurred in a couple of precincts. It has been my experience that almost all of the errors are police clerk typos, rather than transcription errors by the election inspectors who prepare the canvass reports.

The silver lining is that because everyone knows that these election night numbers are filled with typographical errors, no one I know (except the media!) ever relies of these numbers. New York has a mandatory, 100% recanvass, which both election officials and the political candidates generally take very seriously, even when the races are not close.

Although I don't have the exact percentages for this presidential primary, absentee ballots are typically 3.5% of the total and, in New York City, valid provisional ballots are about 2% of the total. It is extraordinarily rare to have any argument over the numbers ultimately certified because the candidates’ watchers and the board officials generally exchange their numbers a make an effort to reconcile them. The candidates’ watchers have access to the lever voting machines, which are removed to the borough voting machine facilities the day after the election, and may look at the paper ballots, during both the initial count after the election and the recount that takes place eight days after the election. Absentee ballots postmarked before election day are valid if received within seven days after the election.

mole333's picture

Heh...

Of course when I tried pointing out much of this to a fury of outraged Daily Kossacks, I got attacked from all over the place.

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