Sunday Funnies

Herman and Eddie 2012

Democrats line up against Harris elections administrator

On the 'devil you know' theory. All these come from Whitmarsh's list.

Stan Merriman was first out of the gate yesterday afternoon.

Are our memories that short ?  We've had "expert" election administrators before., working under our County Clerk.   I won't name names unless you insist, but in the late 90's we had a guy alleged to be an expert who led our then County Clerk and both Dem and Repug county chairs down the primrose path to the Hart machines, without any paper trail and we've been stuck with them ever since, now with new "replacements" of this outdated, non-recount technology after the fire. Most of the rest of America has moved to other, more transparent technology with recount capability at least.  Later, when this administrator left to ultimately become an election association lobbyist, we brilliantly hired a guy fresh from the Broward County, Florida recount fiasco of 2000. He continued the advocacy for our black box voting technology and then moved on.  he moved on I think also to become a lobbyist.    So, our track record on these "experts" isn't so good, is it. At least having this position under an elected official gives  we the people the option to remove all incompetents from office. Including the "experts" who screw up.

Gerry Birnberg picked up an echo from John Behrman (who posts occasionally here).

I share Gerry’s reservations about an elections administrator: It is something we could come to regret a lot. But, that is not what Lane Lewis called for.

The Chairman’s position is much more astute, to the point, and practical. The phrase “forensic audit” reported in the Chronicle is not a felicitous phrase: a “forensic examination”, “election audit,” or “IT audit” are things needed at various times, but not the same thing. 

Behrman continued a bit more in high praise of Chairman Lewis. David Patronella fell in behind Merriman.

Stan is absolutely right. An appointed elections administrator is not the answer. In the 1980s Dallas County became the first county to get an appointed elections administrator. She in short time gained notoriety for short changing Democratic strongholds at election time. Officially nonpartisan, she owed her position not to the voters of Dallas County but to Republican officeholders and acted in their interesest. Minority and other Democratic legislators introduced several pieces of legislation to curtail her power some of which were enacted. I would hate to see us go down this path notwithstanding serious concerns with recent serious election problems in our county.

I just left all the typographical errors, sentence fragments, comma splicing, inappropriate capitalization and munged paragraphs in those excerpts because otherwise I would have had to type [sic] about a hundred times.

Several of these men have advanced degrees from institutions more noteworthy than Lamar University, so I suppose we can chalk some of it up to failing eyesight.

Meh. Anybody can make a mistake. Even me.

But nothing anybody has written yet -- not even Charles' skepticism -- convinces me I am wrong about the need for an appointed elections administrator for Harris County, and fast. As in an observatory capacity for November, and a supervisory one after January.

I wonder if Marc Campos is still with me? Guess we'll find out later this morning. I'll update here when he weighs in. In the meantime, let's allow Pokey Anderson to remind us what's at the root of the problem: "the electrons running Harris County elections".

At the risk of harping on something I've (cough cough) researched for years....

Harris County elections are run on non-transparent, all-electronic machines, driven by software that is by its nature non-transparent. Even software in use for years has bugs in it (constant Microsoft updates, anyone?), some important, some not. Software can be changed, by officials, by insiders, by hackers.

Are intrusions into critical computers difficult? Are they rare? 

1) In one year, the Pentagon logged more than 79,000 attempted intrusions; about 1,300 were successful, including the penetration of computers linked to the Army’s 101st and 82nd Airborne Divisions and the 4th Infantry Division. (2005)

2) "A government consultant, using computer programs easily found on the Internet, managed to crack the FBI's classified computer system and gain the passwords of 38,000 employees, including that of FBI Director Robert S. Mueller III." (2004, reported by the Washington Post)

3) Secret Service operating procedures, 100,000 Social Security numbers, and other "highly sensitive" national security information have gone missing from the National Archives. (2009, reported by Computer World).

4) A computer hacker got into the U.S. agency that guards the country's nuclear weapons stockpile and stole the personal records of at least 1,500 employees and contractors, a senior U.S. lawmaker said. (Reported by Reuters, 2006)

When you combine inherently non-transparent electronic machinery, subject to flaws or fraud, with how much money and power is at stake in an election, you are gambling your democracy.

Certainly, some election chiefs are better than others. But, after a certain basic level of competency, whether you have Mother Teresa or Jeff Skilling running your elections should NOT matter.

Then-County Clerk Beverly Kaufman's PR flack, David Beirne, told a meeting of League of Women Voters that they should not expect transparency in elections.

"They're faith-based elections," he sniffed.

No. It's not about faith. Elections are about transparency.

In 2003, I asked Beirne about the software, the guts of this stuff:

 "No one in our office has the expertise and background to be looking at the source code, the programming for the eSlate system. "

As for an audit trail, watch his language here:

"Right now what we do in the State of Texas and what's considered to be adequate in the state of Texas is that right now we can manufacture an audit trail any time after an election if it's necessary to do a manual recount. "

Manufacture?

(In 2007, Beirne stopped working for the public and accepted a job working for the electronic voting machine organization, Election Technology Council. But, one could argue whether he ever was working for the public.)

The public should be able to tell if elections are being run fairly and accurately, by observing every step of the process. When it happens in a dark box, the public has no way to know. What if your bank told you your account had $50,000 at 10 pm, but only $30,000 the next morning, and you had made no transactions?

If the top election official "explains" losing 800 votes by blaming it on "garbage" phone lines, the public should be able to verify, without doubt, what the actual vote counts are.

You can't do it with the eSlate. Period.

Pokey nails it, and for their part Merriman (including above as well as in an op-ed in the Chronicle some years ago), Behrman (in continuing and official capacity), and I have all studied and written about this issue extensively ourselves.

I was on the conference call with Common Cause and Verified Voting yesterday which had as its topic election machine integrity; read the reports here and here. And be reminded that we all agree on at least this much: that neither partisan elected officials nor election officials appointed by partisans can really address the dilemmas we face in Harris County, Texas, and the nation.

But hey, an elections administrator is a beginning toward improving accountability. One I think we need. As with most of my political endeavors, I'm not concerned about being the minority view.

Update: Then again, maybe the County Clerk's office can just call their PR consultant, Hector Carreno, who also consults the Election Technology Council, and get this all *ahem* "papered" over.

Isn't it simply amazing how Carreno's fat fingers are in every single pie in the county?

The stooges running elections in Harris County *update*

John has been on this since I've been busy offline, and this week HCDP chair Lane Lewis put out the call for a forensic audit of the Harris County elections process in the wake of the recent buffoonery.

Harris County and political leaders Tuesday called for an audit and reforms to improve public confidence in local elections in the wake of problems in last week's primary runoffs that included contests run on the wrong boundaries, delayed results and inaccurate tallies posted online.

Harris County Clerk Stan Stanart said he will ask the Texas Secretary of State's Office to examine his office's election processes after a "human error" in his office caused erroneous primary runoff election results to be posted online for hours last Tuesday. The error made the Democratic runoff for Precinct 2 constable appear to be a blowout for one candidate when, in fact, the correct count had his opponent ahead.

Democratic Party chairman Lane Lewis also called for an audit of election procedures. Lewis referenced delays in the posting of results in May and July, and a Democratic primary race for the Harris County Department of Education run on outdated boundaries. County tax assessor-collector Don Sumners has accepted some blame for the error but says the Department of Education was required to notify him of the change; the department disagrees.

As Charles has documented, County Judge Ed Emmett is mumbling and shuffling his feet and not actually showing any management skills, as usual.

(Emmett) revived his proposal that an elections administrator, an appointed official outside the clerk's office and tax office, be considered. Emmett said 85 Texas counties, including most large ones, use the system.

"I'm not saying we need to go to what they do, but if there are improvements we can make, I think we ought to consider making those improvements," Emmett said. "If there is an error, then at least you have somebody who is a professional election administrator. Nobody reads into it that this is an elected person that's partisan one way or the other."

This is as lame as his leadership on the "rusting ship in the parking lot" that is the Houston Astrodome. If it weren't for so many other incompetents among the county's Republicans, Emmett's worthlessness might draw some scrutiny.

Fortunately for him, there are bigger fuckups of the elected variety spread around town. Thanks, TeaBaggers!

Regarding Stan Stanart, he simply does not need to be by himself anywhere near any more elections. There need to be multiple observers from both parties -- perhaps even Greens and Libertarians as well, maybe even the DOJ -- present in the county ballot cave on Election Night in November.

A non-partisan appointed elections administrator is officially and badly needed NOW in the nation's third-most populous county. At the very least, Commissioners Court should appoint someone without reproach to the position at once to observe Stanart as well as Sumner's activities during the voter registration process, and that person should assume the office and the control of all Harris County elections in January, 2013.

If the King Street Patriots were serious about vote "fraud", they would give up their vile suppression tactics and just concentrate on watching everything Stanart and his clown sidekick Sumners are doing for the next 90 days. But as a district court has ruled, they are ribald partisan flacks themselves.

Those are actually the three greatest threats to an honest election in this county in 2012: KSP, Sumners, and Stanart. Don't expect any Republican to take any serious ethical action against any of them. They all love their power more than they do honesty and transparency in government.

Update: Campos wants to know...

I wonder why local Dem Party leaders won’t come out and support an Election Administrator?

And via Carl W, former HCDP chair Gerry Birnberg tries to set us both -- mostly me -- straight.

The Elections Administrator idea falls into the "better watch out what you ask for, you just might get it" category.. Perry apparently doesn't realize who appoints an Elections Administrator: under Texas law, the Elections Administrator is appointed by a fiver person committee consisting of (1) the County Clerk (yep - Stan Stanart), (2) the County Tax Assessor-Collector/Voter Registrar (currently Tea Party crazy Don Sumner, but after Januayr [sic] 1, hopefuly Ann Bennett, and if not her, then Mike Sullivan), (3) the County Judge (Ed Emmett), (4) the Chair of the Harris County Republican Party (Jarrod [sic] Woodfill), and (5) the Chair of the Harris County Democratic Party (Lane Lewis). Even if you could somehow hop [sic] that Ed Emmett would vote for a reasonable, competent, not-partisan Elections Administrator, do you think Jarrod [sic] Woodfill, Stan Stanart, and Don Sumner would?

And once you appoint an Election Administrator, that person cannot be replaced -- even for cause, unless four of the members of that committee vote to remove him or her. So, as a practical matters, once appointed, it's essentially a lifetime appointment. (Commissioners Court can abolish the position by majority vote, but they cannot fire the Administrator and obtain a replacement).

So until Democrats win at least one of the countywide elected spots on the committee (voter registrar, count clerk, or county judge) and really, two of them, it could be electoral suicide to put the entire elections apparatus (voter registration and elections administration) in the hands of one un-elected, permanent, un-replaceable person selected by Don Sumner, Stan Stanart, and Jarrod Woodfill (to say nothing of Ed Emmett).

The best way to clean up the mess is to elect Ann Bennett voter registrar in November and some other Democrat as county clerk and/or county judge in 2014.

Gerry gets it a little right and a little wrong here.

He's right that I didn't know it was those five who appointed an elections administrator, and wrong that it wouldn't be an improvement. ANYTHING and anybody would be better than leaving things they way they are... until hopefully Harris County voters elect another Democrat in November AND in an off-presidential year two years hence, when Democrats traditionally avoid the polls.

A little too much hope meeting cold hard reality there for me, Gerr.

Way back when Beverly Kaufman retired, she also tried to hand-pick her successor, and I criticized that. Kevin Mauzy looks like a whiz-bang stinkin' genius at this point of course, and might be the perfect fit. Certainly seems competent; might even be from the moderately sane wing of the GOP (since Stanart whipped him in 2010's primary). This would be a fat slice of humble pie for Stanart to eat, that's for sure.

Today's little effort to appear moderate myself, not to mention bipartisan, hopefully won't go overlooked.

Did Gerry answer your question, Marc?

Update: Charles Kuffner has deeper background (but no secrets).