Weekly Standard Lengthy Article on Randall Terry’s Independent Presidential Campaign

The Weekly Standard has a lengthy article about Randall Terry, written by Matt Labash. Terry is on the ballot as an independent presidential candidate in West Virginia, Kentucky, and Nebraska, and because he is a candidate for federal office, his television and radio ads cannot be censored. The author of the article interviewed Terry, and learned that Terry’s object is to help defeat President Obama. He believes his television ads will detract from Obama’s vote. If he is correct, this is yet another instance in which the conventional wisdom about “spoiling” is wrong. Thanks to Michael Skaggs for the link.

New Mexico Democratic Party Sues to Restore Straight-Ticket Device to Ballots

On October 11, the New Mexico Democratic Party filed a lawsuit in the State Supreme Court against Secretary of State Dianna Durbin, arguing that she should not have removed the straight-ticket device from general election ballots. She took that action on February 24, 2012, but the Democratic Party’s brief claims it did not receive official notice until September 2012.

New Mexico law does not authorize a straight-ticket device. It says party logos should be on the ballot next to the party’s “ticket”. The Democratic Party construes this language to mean that there must be a straight-ticket device. The case is Democratic Party of New Mexico v Duran, 33860. On October 16, the State Supreme Court put the case on hold, while the Secretary of State attempts to move the case to federal court. She says the case belongs in federal court because many voters have already voted absentee, and it would violate the U.S. Constitution to have the straight-ticket device on some ballots and not other ballots.

The 2012 legislature considered a bill to explicitly provide for a straight-ticket device, SB 218, but that bill did not pass. After the bill failed to pass, the Secretary of State said she would therefore take that as a sign that the will of the legislature was that there should be no straight-ticket device. Previous Secretaries of State had printed a straight-ticket device on the ballot even though the law did not explicitly authorize that. The previous Secretary of State removed the straight-device for all the parties except the two major parties.

Voting Technology Project Releases Report on Technical Problems with Voting

On October 18, the Voting Technology Project released this 84-page report on technical problems with voting in the United States. The California Institute of Technology and the Massachusetts Institute of Technology jointly have been working on this report since 2001. Here is a news story about the report.

The authors measure the quality of voting systems by studying the “residual vote”. The authors compared the number of people who participate by casting a ballot, with the number of votes recorded for any particular race. The report notes that in 2000, 2% of the voters went to the polls but no presidential vote was recorded for them. The report notes with satisfaction that in 2008, only 1% of the voters went to the polls and yet were not recorded as having cast a vote for President.

The authors seem oblivious to the problem that sometimes, in certain states, the presidential candidate preferred by that voter is not on the ballot. One assumes the residual vote in Oklahoma this year, for President, will be high, because Oklahoma voters are not permitted to vote for anyone for President other than President Obama and Mitt Romney. The authors should have mentioned the ballot access issue. The residual vote in California next month will probably also be very high for U.S. Senate, because voters are not permitted to vote for anyone except the Democrat and the Republican (again, write-in space is missing), and many voters will simply leave that race blank because they prefer someone else.

The authors also seem oblivious that some jurisdictions permit write-in voting but then don’t count the write-in votes, not even for declared write-in candidate (this is a problem in the District of Columbia, Oregon, Washington, and Wyoming). Also certain other states require that all write-in votes be counted, but in practice do not follow their own laws (this is especially a problem in Pennsylvania).

The report recommends that voting by mail be discouraged. The report finds that the residual vote problem is higher with mail ballots. This is because when a voter fills out a ballot at home, he or she is more likely to make mistakes that go uncorrected. By contrast, voting at the polls gives the voter an opportunity to ask a question, and also technology for voting at the polls sometimes alerts a voter that the voter’s ballot has not been properly filled out. For instance, most vote-counting systems will sound an audible alert if the ballot inserted into the machine is unreadable for some reason, and the voter is given a chance to try again. The report also recommends against internet voting.

The report suggests that electronic poll books be used, and also suggests that the poll books link to a picture of the voter, to solve the contentious voter-ID controversy. Most voters have drivers licenses or other state-ID, and an electronic poll book could link to the picture of that voter in the state records. For voters without such state ID’s, the report recommends that a picture of the voter be taken at the polls. Thanks to Thomas Jones for the link to the Report.