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Paper ballots in 2008?
Tuteur decries e-voting decision; counties may sue Bowen
Wednesday, August 08, 2007
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Unless a successful legal challenge is mounted against the Secretary of State’s office by California counties, Napa County will be voting largely by paper ballot in the next election season, according to Napa County Registrar of Voters John Tuteur.

In a report to the Napa County Board of Supervisors Tuesday morning, Tuteur predicted dire consequences if Secretary of State Deborah Bowen’s Friday ban on Napa’s e-voting machines remains in effect — including the delay of the state’s presidential primary results until well after other state primaries are over.
Tuteur said he ruled out going to state representatives to try and change the rules, because he figured the Legislature had enough to do trying to pass a budget.

Tuteur also said Bowen’s “reckless and ego-driven” edict would delay certification of the state’s presidential vote tally until Inauguration Day, cost the county untold thousands of dollars more in election costs and force it to retrain its poll workers.
Tuteur stressed that he and other registrars decrying the edict have more experience with the e-voting machines than Bowen.

“Neither Secretary Bowen, with her seven months of experience, nor any secretary of state in modern times, has ever had the responsibility to design, print, deliver, receive and verify the signature on and process a single paper or electronic ballot,” he said.
Evan Goldberg, a spokesman for Bowen’s office, said Bowen stood by the results of her top-to-bottom review of electronic voting machines.

Bowen took action Friday to de-certify Napa’s election machine brand, Sequoia, and other brands used by 20 other counties in the state, including Santa Clara. Bowen hired a team of University of California researchers and hackers who infiltrated Sequoia’s systems.

But Bowen did not entirely ban Napa’s machines.

A federal law to aid disabled voters requires the county to use at least one e-voting machine per polling place so that the disabled can vote unassisted. In that case, Bowen insisted security measures like seals on equipment and chain of custody logs be kept to beef up security.

Tuteur said the machines are safe, surviving court scrutiny in a 2004 local court case and a November 2006 recount. He also said county counsels from around the state will hold a conference call on Wednesday to review their legal options. That means counties could be eyeing a lawsuit to challenge Bowen’s actions and have the courts re-certify e-voting systems.

“It could lead to litigation, but not necessarily,” said Napa County Counsel Robert Westmeyer.

The Nov. 7, 2006, elections saw long lines at the polls that in some cases caused voters to turn away. Separately, a confusing red screen popped up when voters either missed or intentionally abstained from voting on one race.

Another problem occurred when the paper rolls providing the “paper trail” ran out — the trail was a new requirement from the state at the time.

Plus, only trained technicians could change the paper, leaving many poll workers in the lurch as they waited for one of nine roving technicians to come. Adding fuel to the fire was a rush of voters between 5 and 7 p.m. that compounded all the technical issues.

Yet Tuteur said, if anything, Bowen’s edict will make it more difficult to avoid a repeat of November because it doesn’t allow poll workers to change the paper on the electronic machines.

The solution? Tuteur has been working to convince more voters to become permanent absentee voters. So far, the number of permanent absentees has gone from 19,000 in November 2006 to more than 25,000 now, with another advertising push to launch in October.

“They’re still trickling in,” Tuteur said.

As for the other problems at the polls, Tuteur cautioned that paper ballot systems are not free of trouble, and that electronic voting machines were not to blame — requirements that they have a paper trail were.

“We’ve had lines at the polls with paper (ballots), too,” he said.

State Assemblywoman Noreen Evans, D-Santa Rosa, criticized Tuteur for taking a defensive stance against Bowen’s findings. She said she supported Bowen’s efforts to have a top-to-bottom review of voting machines.

“It raises some huge red flags for me that they were able to hack into those machines,” Evans said. “That should be frightening for every voter in Napa. In fact, it would much more constructive to try to address what the problems are than to attack the secretary. ... My interest is that Napa County has elections that everybody has trust in and if the secretary of state has decertified election voting devices, I’m here to solve that problem.”
9 comment(s)

hap jackson wrote on Aug 8, 2007 2:43 AM:

" Where to start! I've been fighting to have these e-voting machines removed from Napa County since the last election. At the time Mr. Tuteur stated that no one had complained about the electronic voting machines. I didn't believe him since I had personally heard much complaint and concern. So I did my research. And found that a significant number of people don't want them. It has been proven beyond any doubt that too many things can and do go wrong with them. From inaccurate voting, hacking, break downs and waiting for someone to come and fix them, confusing use directions and so on. Paper ballots do not break down or vote for someone you didn't. You do not need to pay an electronic technician to repair paper balloting equipment. Mr. Tuteur stated in the Napa Valley Register, 11-15-2006 article that he wanted to buy more machines at considerable taxpayer expense and add more technicians. It has already cost the California taxpayer an exorbitant amount of dollars. I would hope the Napa County Registrar of Voters would be more concerned with the conducting of an honest and accurate election, than obsessing over retaining his electronic "toys", which in this case are dangerous to the people of Napa County. "

Kevin wrote on Aug 8, 2007 8:16 AM:

" Now I am certain we have a problem. Anytime a politician says they are "here to solve that problem" we are in deep trouble; the problem won't be resolved and it will only get worse. This whole fiasco was caused by Democrat politicians in the first place, demanding we switch to electronic voting machines! How hypocritical... "

Dan Breit wrote on Aug 8, 2007 2:06 PM:

" It waited 3/4 hour for use of the e-vote machine this last time. In the past, it would take me just 5 minuts.I went right home and registered absentee. By the way.....Why has no one ever been arrested for voter fraud???? In this answer lies the truth. "

Grommitt wrote on Aug 8, 2007 2:11 PM:

" As I recall, back when we had nothing but paper ballots, it would take perhaps 10 to 12 hours to get a final tally. Heck, I can live with that. Have you forgotten how to count paper ballots, Mr. Tuteur, or do you just want to play with your overpriced electronic toys? They're junk. Throw 'em out. Don't bad-mouth Debra Bowen. She's doing what we elected her to do. "

David Graves wrote on Aug 8, 2007 3:34 PM:

" Uhh, Kevin, I hate to rain on your factoid parade but the former CEO of Diebold, Walden O'Dell, wasproud of being a major Bush fundraiser and donor in Diebold's home state of Ohio. He resigned after allegations of securities fraud. Those darn inconvenient facts! "

email wrote on Aug 8, 2007 7:28 PM:

" If you agree email and let Secretary of State Deborah Bowen know. secretary.bowen@sos.ca.gov "

Molehill wrote on Aug 8, 2007 8:55 PM:

" John Tuteur's comments are shocking, almost like a small child who has had a favorite toy taken from him and he in now very mad. We voted for this guy? John, just follow the law and you will be okay. "

It was Jack Abramhoff wrote on Aug 8, 2007 10:47 PM:

" representing the voting machine companies who lobbied Congressman Bob Ney (R-OH) to pass the Help (or Hack) America Vote Act in 2002 and appropriated $4 billion nationwide for counties to "upgrade" to better machines. Funny thing, the money all went back to the voting machine companies. Of course, Abramhoff and Ney are convicted felons now serving time in federal prison - and nary a democrat was seen. "

fred wrote on Aug 9, 2007 2:30 PM:

" Judging by the comments on this issue, it seems obviously clear that the people of Napa County are in general agreement that there is a problem with the e-voting machines. I for one feel greatly encouraged that someone has finally stepped up and taken responsibility and become accountable in this very important and critical issue concerning these proven problematic and faulty electronic voting machines. As far as Mr. Tuteur and his position as Registrar of Voters record, I would define it as impressive, impressively bad. Within the last six years, this office has been investigated by the State of California and the Napa County Civil Grand Jury for ballot-tampering, ballots being sent to the wrong voting district and two Napa Valley College Board election incidents, among others. These implications are quite serious considering that in both college elections the actual winner initially lost and apparently to this day we are not sure of the actual winner of the Mike Rippey-Harold Moskowite race, not to mention the multitude of problems encountered at numerous polling places by voters last November. My advice to Mr. Tuteur is to use all the energy being spent complaining, threatening, whining and sniveling about the absolute gloom and doom that will surely descend on his office if his precious e-voting machines are taken out of commission and heaven forbid he is forced to carry out his job as the Napa County Registrar of Voters without them. As far as Mr. Tuteur calling California Secretary of State, Deborah Bowen's edict "reckless and ego driven" I find uncalled for and unprofessional considering his position. I have met Mr. Tuteur and I can honestly say that I found him to be arrogant and would go so far as to say even rude. I encourage all who value our right and civic responsibility to vote to e-mail or call our California Secretary of State, Deborah Bowen and support and applaud her stand on this very important issue. Thank you. "

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