California Appeals Court Affirms Disclosure Ruling for Electronic Vote Machines

On June 15, the California State Appeals Court reaffirmed a lower court ruling, that when electronic vote-counting machines without a paper trail are used, and the losing side in a close election contests the results, election officials must disclose certain information about the vote-counting machines. Specifically, elections officials must provide: (1) all audit logs; (2) all redundantly stored vote data; (3) the complete chain of custody information for all system components and for human access to stored data; (4) all logic and accuracy test reports. The decision is here.

The case had originated in Berkeley in 2004, when a medical marijuana initiative lost by only 191 votes. The losing side wanted a recount, but there was no paper trail. The outcome has little relevance to future California elections, since all vote-counting equipment must now have a paper trail. The case may have more influence in the future for certain other states that don’t have paper trail requirements.

One California IRV Bill Advances

On June 16, California AB 308 passed the Senate Elections Committee with no opposition. The bill had already passed the Assembly. It provides that foreign absentee voters should receive a special set of ballots in races in which there will be a run-off if no one gets 50% in the first election. The set of ballots includes a ballot that the foreign absentee voter can use to rank candidates, just in case the result of the first election is that no one got 50% and there must be a run-off. This isn’t exactly the same as Instant-Runoff voting, but is similar.

Kucinich Won't Ask U.S. Supreme Court to Overrule Ballot Access Oath

The Texas Democratic Party does not permit Democrats to run in its presidential primary unless they pledge to “fully support” the party’s eventual presidential nominee. Congressman Dennis Kucinich refused to sign that oath in 2008, so was kept off the Texas Democratic primary ballot. He had challenged the party in court but lost the case in both U.S. District Court and the 5th circuit. He has decided not to ask for U.S. Supreme Court review.

However, he will ask the Democratic National Committee to tell the Texas Democratic Party that it should drop the oath. No other state unit of a major party has a similar oath for candidates in its presidential primaries.