A
Case Against Electronic Ballot Counting
by Rick Fisk
by Rick Fisk
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In many
ways, technological advances in ballot counting are solutions in
search of problems. Think about it. Counting votes is easy. Any
literate person is capable of counting a ballot. Over the past twenty-five
years, states have increasingly made use of mechanical and electronic
voting equipment to mixed reviews. As the use of electronic systems
has increased, so has distrust in the integrity of our elections
increased.
Private companies
generally apply rudimentary costs/benefit analysis before spending
their money. If it won’t increase their profits or advance their
position in the marketplace, they won’t spend the money. Companies
who spend money without regard to profit do so at their own peril.
In government,
such analysis rarely occurs. Since the source of funding is treated
as if it were limitless, there is rarely an economic justification
made for technological expenditures. The justification invariably
used is "efficiency." The mere fact that technology exists
is reason enough to apply it whenever and wherever it can be argued
to make a process or agency more efficient.
This absence
of true market accountability has detrimental effects on taxpayers
and the companies that provide goods and services exclusively to
government. Since there is only one entity providing requirements
and funding, the competition is limited to price alone. Innovation
and common sense do not come into play.
Here’s a somewhat
hypothetical example of how a market is created by government. This
won’t be perfectly accurate but will be accurate enough for our
purpose.
The legislature
of a state, based on complaints and requests from voting officials
or lobbying efforts by commercial interests, issues a bill requiring
that all precincts convert to electronic systems by some date. They
allocate 10 million dollars to be used by various counties to lease
or purchase such equipment. The requirements for the equipment may
be written by congressional staffers who possess dubious technical
expertise, or have dubiously interpreted the advice of technological
experts who testified before a committee convened to determine best
practice. Sometimes, the legislature establishes a "blue ribbon"
commission to then report back or use some of the funds to provide
requirements.
In this case,
there isn’t an external market demanding special voting machines.
The examples available to them for study are other state governments
who have successfully implemented electronic voting or purely theoretical
claims about how wonderful it would be if such systems were employed.
(When a government agency claims success, it is not the same thing
as success in the commercial market. Total failure can and will
be represented as success.)
Once the bill
passes and the money is allocated, companies begin "competing"
for the contracts. Sometimes these companies have formed in anticipation
of the bill’s passage. The companies must meet the requirements
as agreed by the legislature or panelists. If any advances in technology
occur between the times the bill is passed and the technology is
created, all the worse for the taxpayers.
For instance,
if security wasn’t fully considered when drafting the requirements,
the voters will have to wait until the legislature addresses it.
In a real market, the market itself would drive these requirements.
Companies who don’t meet or exceed requirements simply go out of
business.
Government,
in an effort to hide its bad planning will simply ignore a problem
until such time as the problem can be blamed on the contractor.
Rick’s first
law of government contractors:
Companies
or individuals commissioned by government to provide a service
or product will never produce anything which exceeds the requirements,
even if the original requirements do not describe a working system.
Companies in
contract with government don’t have to exceed expectations in order
to win the contract and it isn’t profitable for them to do so. They
have no incentive whatsoever to make their solution better than
what was requested.
What is finally
produced, if it works at all, is likely already technologically
out-of-date by the time precincts receive it. It will be expensive,
since the companies producing it do not have any external market
pressure and it will be some years before a new cycle of upgrades
can be justified, legislated and funded. Rinse and repeat.
But don’t take
my word for it.
In "Hacking
Democracy," (an HBO documentary which has been nominated for
an Emmy this year), Bev Harris and associates demonstrated how easily
election results could be changed without any trace of tampering.
It was so easily done, California, Iowa and Pennsylvania rushed
to remove voting machines of the same make and model prior to the
May, 2006 elections. Recent California
and Florida
investigations into ballot scanning machines have resulted in suspension
of certification for multiple manufacturers until proper security
patches can be delivered. While there isn’t any evidence that elections
have been tampered with, it is demonstrably possible to do so without
leaving evidence.
The systems
in question have been on the "market" for some time. Due
to government’s reluctance to re-consider past decisions, flaws
are only now coming to light.
There is also
the practicality of this technology to consider. With even the largest
precincts processing no more than 5,000 votes, the use of electronic
systems to count ballots is essentially overkill. It’s akin to dropping
a bomb on an anthill as a pest control measure; a far less advanced
form of technology would be just as effective and would cost much
less. Furthermore, it makes no sense to purchase or lease expensive
equipment only to have it stored until the one or two elections
per year take place.
The companies
vying for government contracts routinely involve themselves in what
look to be conflicts of interest. For instance, In San
Diego County, the current registrar of voters, Deborah Seiler,
was the very person who sold the county its voting machines prior
to the time she gained office. In numerous states, election officials
appear on voting manufacturers' marketing brochures. Confidence
in the process suffers. In some cases, the very politicians who
push electronic voting initiatives receive donations from manufacturers
of voting systems. Not only does this raise concerns of propriety,
one has to wonder if there isn’t more than meets the eye. If there
is anyone with an interest in manipulating an election result it
is the incumbent politician. Even if it weren’t possible, this alone
would create distrust.
There are areas
where technology can improve the voting process. Ballots can be
hard to produce. Some mechanical systems require expensive, perforated
cards (hanging chad anyone?). Machines which create the paper ballots
– as long as the ballot is human-readable, can be useful in significantly
reducing printing costs and waste. On-demand ballot printing can
save enormous costs and planning since there is no guesswork involved
as to ballot quantity vs. voter turnout. It can also shorten the
time when ballot changes can be made. There have been many cases
where due to errors or passed deadlines, candidates who should have
been on the ballot didn't show up on the ballot by election day.
Unless they
are paperless, machines which allow voters to select their choices
are not inherently untrustworthy since they can’t affect outcomes.
They merely assist the voter in making selections. (However, a simple
laptop and a web browser can do that too).
The fundamental
problem with electronic voting systems is not the ballot but the
counting of those ballots. What occurs inside the electronic ballot
scanner or counting system can't be verified by anyone but the manufacturer.
It’s simply impossible for the average voter to know if the votes
are being counted accurately. They are relegated to depending on
the word of government officials and their suppliers to tell them
the truth. ("Yes, we fooled you all that time but we’ll be
good from now on.")
So what’s the
solution?
Go low tech
on the counting side of the equation. By manually counting paper
ballots, integrity and trust is restored. The time savings and convenience
don’t outweigh the costs when you factor in the distrust a closed,
unverifiable system creates. For almost 200 years, most elections
in the U.S. were handled this way. No, this doesn’t alleviate fraud.
It does potentially save billions of dollars to the taxpayer by
eliminating unnecessary technology purchases while restoring accountability
in the electoral system. Without accountability and transparency
in our electoral system, technology additions do not provide any
value no matter how persuasive are their advocates.
August
15, 2007
Rick
Fisk [send him mail] is
a 44-year-old software developer and entrepreneur. He is married,
has 3 children and resides in Austin, TX.
Copyright
© 2007 LewRockwell.com
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