Schwarzenegger Vetoes Election Integrity Bills

CA SoS Bowen 'laments' rejection of 'common-sense election bills aimed at enhancing government transparency'

So do we. Please help demand Bowen now take corrective action on her own...

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According to a press release from CA Sec. of State Debra Bowen [PDF] today, CA Governor Arnold Schwarzenegger has signed one bill for improvement to state election law, while using his veto pen to terminate three other “common-sense elections bills … aimed at enhancing government transparency.”

The one he approved will allow emergency workers in the field, such as fire fighters battling a wild fire, to vote from wherever they may be at the time. That’s good. But Bowen “laments” — as does The BRAD BLOG — the other ones which she supported, and which he, incredibly enough, vetoed. He said hasta la vista to three bills which would have been very helpful in adding much-needed “common-sense” checks and balances to the nearly unabated rise of the machines in our electoral system…

From Bowen’s press release:

Also yesterday, the Governor vetoed several common-sense elections bills sponsored by Secretary of State Bowen and aimed at enhancing government transparency.

AB 84 (Hill) would have allowed vote-by-mail (VBM) voters to find out if their ballots were counted and if not, why not. VBM ballots cannot be counted if they arrive after the polls close on Election Day or if the signature on the ballot envelope does not match the signature on file.

“A similar law already exists for voters who cast provisional ballots, so letting vote-by-mail voters know if their votes counted would have cost little or nothing,” said Secretary Bowen. “If voters knew why their mail-in ballots were not counted, they could make changes that would prevent their votes from being rejected in the future.”

AB 330 (Saldaà±a) would have required counties to provide public notice of the opportunity to review the preparation, testing and operation of ballot tabulating devices. Current law requires this testing be open to the public, but it does not require notice of when the testing will occur.

SB 541 (Pavley) would have enhanced transparency by requiring ballot printers and voting system vendors to notify the Secretary of State when they discover previously undisclosed flaws in their products. This bill was spurred in part by the revelation that a voting system software error caused 197 ballots to be inadvertently deleted from Humboldt County’s initial results in the November 4 election. Upon discovery of the software error, Humboldt County corrected its election results.

While all three vetoes here are maddening, and an embarrassment to CA frankly (Really? Tests must be public, but the public doesn’t need to be notified that they are happening??) the last one mentioned above should further encourage Bowen to do the right thing on her own by demanding accountability from Diebold for fraudulently and knowingly selling voting systems to the state (and 34 others!) which violate federal voting system guidelines by deleting ballots, allowing audit logs to be deleted without notice, and other epic fails for any voting system.

The Governor is clearly not going to do it. So unless Bowen, who is up for re-election next year, takes clear action, the message here is that voting machines companies can do virtually any damned thing they want and get away with it with little more than a slap on the wrist, if that much. And they can keep doing it, because nobody is actually going to stop them.

Your support of VelvetRevolution.us’ DieboldReturnOurMoney.com campaign — demanding the company return tax-payer money spent on faulty machines, that Bowen decertify those systems across the state, and that AG Jerry Brown (likely to run for Governor next year) investigate and prosecute for fraud where appropriate — is much appreciated and clearly much needed!

Click here to send emails demanding action be taken by Diebold, Bowen and Brown only if, unlikely Schwarzenegger apparently, you give a damn about a transparent democracy and a government of the people, by the people, and for the people!

[Hat-tip Tom Courbat of SAV R VOTE for the heads up on Bowen’s press release and Schwarzenegger’s vetoes. DISCLOSURE: The BRAD BLOG is a co-founder of VelvetRevolution.us.]

* * *

UPDATE: This is really pathetic. Here’s the veto message from Schwarzenegger on the bill that would have required voting machine companies to inform the Sec. of State of “each defect, fault, or failure” the company discovered in its voting system, as used in the state of California…

BILL NUMBER: SB 541
VETOED··· DATE: 10/12/2009

To the Members of the California State Senate:

I am returning Senate Bill 541 without my signature.

This bill is the result of an unacceptable situation in Humboldt County, where the county was notified of a defect in the voting software but failed to address the problem. This resulted in 197 votes being deleted. Because the Secretary of State (SOS) is not notified when there is a flaw in a voting system, there was no safety net to ensure that voters were not impacted.

The SOS inspects ballot manufacturing facilities before approving them to do business in California. This bill would appropriately include the SOS in a notification of equipment defects during and after this process. However, this bill goes beyond insuring appropriate notification and imposes substantial civil penalties on voting system vendors.

Many of the technical changes in this bill are acceptable, and I look forward to seeing a bill in the future that balances appropriate disclosure, without unnecessarily restricting a company’s ability to do business in California.

Therefore I am unable to sign this bill.

Sincerely,

Arnold Schwarzenegger

The comment “this bill goes beyond insuring appropriate notification and imposes substantial civil penalties on voting system vendors” is telling.

The “substantial civil penalties on voting system vendors” that the bill would have required would be for systems that were in VIOLATION OF STATE LAW. Geez, would hate to “restrict a company’s ability to do business in California” by requiring them to follow the rule of law and paying a — rather modest — fine where they failed to do so.

Apparently former, failed SoS Bruce McPherson’s Diebold people have simply moved from the SoS’ office to the Governor’s office. Appalling.

The BRAD BLOG covers your electoral system, fiercely and independently, like no other media outlet in the nation. Please support our work with a donation to help us keep going.Please CLICK HERE to help support our work today!

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Schwarzenegger Vetoes Election Integrity Bills

21 Comments

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21 Responses

  1. 1)
    Tom Courbat said on 10/13/2009 @ 7:31pm PT: [Permalink]

    I’m very concerned about the veto of AB 330 regarding notifying the public about the Logic & Accuracy testing of DREs and other election equipment. Not one single ROV or County was listed as opposing the bill. Yet, our efforts to find out when such tests will occur have often been met with evasion (we’re not sure, call us in the morning-type responses)which makes it impossible to plan to observe. This bill was REALLY needed and the reason given by the governor for vetoing it was bogus.

    Here is something I sent out to some folks a bit ago:

    To view the veto messages, and analyses of the various versions of the bills, go to http://www.legislature.ca.gov/ and just enter the bill number.

    The analyses will be interesting as well.

    If you click on these three items at the site above: “Analyses”, “Votes” and “Veto Message” you will learn a lot about the various bills and how they changed from their initial introduction. For AB 330 there are six analyses and you can see at the bottom of each analyses who was in favor and who was opposed ““ O.C.B.O.S. was in favor and no opposition until the end (see Senate Floor Analyses) when Dept of Finance came out against because:

    “ARGUMENTS IN OPPOSITION : The Department of Finance
    states: “While the intent of this bill is to improve
    integrity in our elections procedures, the Department of
    Finance is opposed to this bill for the following reasons:
    [1] The bill could create a reimbursable mandate of unknown
    costs resulting in additional General Fund obligations.
    [2] The bill is unnecessary because nothing prohibits
    interested parties from inquiring about the specific dates
    for testing or programming of tabulation devices. [3] Some
    counties already provide notices on their websites and
    indicate that there is not significant turnout to observe
    the tests and programming of tabulating devices.”

    Yet the Assembly Appropriations Committee reported very negligible costs so who got to who? And the DOF reported “some” counties who already provide the info of the upcoming dates on their Web sites reported there was “not significant turnout to observe the tests”¦”. And that is a reason to NOT let the public know, b/c few show up anyway? What the hell kind of reason is that? And we all know the cost of putting a notice on the Web site can barely be measured, but I say there should be proactive notification (where folks can sign up for notices) to those who have asked to be informed. This is clearly an effort to keep the public from observing what is already a very questionable process.

    FISCAL EFFECT : According to the Assembly Appropriations
    Committee, “[n]egligible annual reimbursable costs for county
    elections officials to provide the required public notices.”

    This is like giving a public demonstration but never notifying the public (or the media) that a legally required demonstration will take place. Gee, the DOF says we can always call and ask if they are planning a L&A test anytime soon. What a great way to discourage oversight of one of the most underperformed and underreported yet legally required “safeguards” of the electronic voting system. This veto should be overridden. The votes were 73-0 in the Assembly and 23-11 in the Senate, so there was strong support for this badly needed legislation.

  2. 2)
    Phil said on 10/13/2009 @ 7:32pm PT: [Permalink]

    I’m sick of this game.

    Why don’t they just remove the vote altogether, and elect whoever they freaking want.

    Fucking oath breakers.

  3. 3)
    leftisbest said on 10/13/2009 @ 7:42pm PT: [Permalink]

    This issue of AB330 might be handled admnistratively by issuing an Administrative Directive requiring what AB 330 required. It is not as strong as having the legislative language signed by the governor, but I believe they can do it in a short period of time (60 – 90 days or so), giving counties the opportunity to comment. Since none opposed AB 330, none should oppose an Administrative Directive to notify the public, right?

  4. 4)
    Phil said on 10/13/2009 @ 8:06pm PT: [Permalink]

    Tom, I’m with ya. too bad they don’t have a static page.
    http://www.legislature.ca.gov/
    (That’s by design, just like the god damned no rhyme/no reason obfuscated file/dir/named/un-indexed/proprietary) PDF files used through government websites.)

    If they really wanted us to find it would be something like…
    http://www.legislature.ca.gov/ab330 And when it’s updated it replaces the file with the current one.

    But no…

    BS on the Cost thing.. (Propaganda LIE)

    “the Department of
    Finance is opposed to this bill for the following reasons:
    [1] The bill could create a reimbursable mandate of unknown
    costs resulting in additional General Fund obligations.”

    Yeah, that’s right finance dept, let’s let corrupt rats exploit the electronic tabulation devices and allow the Senate to shuck off their control of the monetary system, and destroy the dollar and the bond market costing (I estimate $65 trillion.) Let’s let em get us in a plethora of wars which cost billions every year. Killing people.

    Yeah finance dept, you save your freaking pennies at the expense of the US Constitution, and life itself!

    “The bill is unnecessary because nothing prohibits
    interested parties from inquiring about the specific dates
    for testing or programming of tabulation devices.”

    Well first off I am kind of glad, as they are starting to use my language, although they still haven’t got the language correct yet.

    It’s called “electronic vote tabulation devices.”

    But looking deeper, there’s nothing saying they have to tell us the truth when we ask either, and thus they can now use this as yet another weapon in their arsenal. Time itself. Time as a weapon.

    (but they’ve been doing that all along)

    We thought it was going to be at X:XX sorry the local sheriff had to arrest your poll watcher.

    The only solution:

    1. Outlaw all electronic vote tabulation devices nationally because the chain of custody is broken on all versions of these devices. We can’t see the electronic signal representing the vote and that IS a broken chain of custody.

    2. Paper Ballots, Hand Counted with an unbroken public (and human) chain of custody. With something in place other than ultimately going to the supreme court for broken chain of custody.

    3. Outlaw electronic poll books, because these too can be corrupted, exploited, or fail as well as being yet another broken chain of custody on the list of “registered voters.” If we lose your name, you’ve lost your vote.

    The alternative is clear.
    Excellence in Corruption and and unconstitutional oath breaking leadership.

    What a piece of work Arnold is.

  5. 5)
    Tom Courbat said on 10/13/2009 @ 8:41pm PT: [Permalink]

    Hi PHIL et al. Actually, you CAN sign up for updates every time a bill changes status and I recommend it for anyone wanting to follow as many bills as they like.

    Usually FAQ pages are not all that instructive, but this one is. Go to
    http://www.legislature.ca.gov/q...links/faq.html and 4th and subsequent headings.

    They will give you all the info needed to “subscribe” to a bill or bills, and receive instant updates. Also gives you the ability to search for bills from prior years, etc.

    This IS one good site, put on by the legislature which Bowen pushed regularly to be more open.

  6. 6)
    Phil said on 10/13/2009 @ 11:12pm PT: [Permalink]

    I get that the server can dynamically send a page, but you can’t link it up or index it, cause it isn’t static. (Which was my part of my point) It kind of throws collaboration out the window. But I been harping on this for awhile. Along with the sequential PDF’s all named with random number generators I guess, and PDF’s which are unsearchable “as published” and therefore un-indexable. It all adds an extra layer of fog and plausible deniability when you can’t find a
    document. But thanks for trying to enlighten me all the same.

  7. 7)
    Big Dan said on 10/13/2009 @ 11:31pm PT: [Permalink]

    Let me see if I have this straight:

    1. Schwarzenegger doesn’t want vote-by-mail voters to find out if their ballots were counted and why.

    2. Schwarzenegger doesn’t want counties to provide public notice of the opportunity to review the preparation, testing and operation of ballot tabulating devices.

    3. Schwarzenegger doesn’t want enhanced transparency by requiring ballot printers and voting system vendors to notify the Secretary of State when they discover previously undisclosed flaws in their products.

    Correct?

    Shouldn’t you have a recall, then?

  8. 8)
    Phil said on 10/13/2009 @ 11:35pm PT: [Permalink]

    I guess what I am saying is that if they really wanted to be open, there would be an OPEN directory.

    for example
    ftp://bla.gov/pub/dox/AB330.PDF
    or
    http://bla.gov/dox/AB330.PDF

    not
    http://bla.gov/querry&cook...38;timeout=1hr
    /cgi-bin/query

    Which is saying special key + cookie + timeout then delete path

    or

    on an unindexed site

    http://bla.gov/randomcrap/97238...hfdgRANDOM.PDF
    (where the file name and directory have nothing to do with the content)

    “This IS one good site, put on by the legislature which Bowen pushed regularly to be more open.”

    While I agree their webmaster has tried to do better the fact remains government websites don’t impress me at all, with their stupid ass sharepoint. I personally have caught local government not publishing their financial records. Click their links and get sharepoint or cfm (coldfusion) errors. Their sites suck, both with security, information disclosure, and layout. Nothing is likely to change my mind on it. Cept maybe static paths like I said in the first place.

    http://bla.gov/doc/ab330/AB330.PDF

    They could even add date time, I don’t care.
    Be logical, if it’s a study on poo then the files should say pooXXX.txt where XXX = number/date

    (don’t think the one url is all I am talking about, there’s stuff WORSE than what’s under Bowen’s wing.)

    On the other hand, I ain’t all that happy with Bowen either, I want these bloody devices outlawed. She started down that path, and I support that to the end! but then she brought em all back in.

    Feels like they let us breath a bit then went in for closing off our windpipe. Just sayin.

  9. 9)
    Phil said on 10/13/2009 @ 11:56pm PT: [Permalink]

    And also, up to today I never heard of AB 330 . Is it cause I am getting old and can barely pay attention? Or is it cause corporate media on the national and local level doesn’t serve the public interest?

    nevermind, I just depress myself.

    SEASONS GREETINGS FROM ARNOLD!

    Arnold wants you to celebrate XMAS with a couple quarts of Smirnoff and a big purple bud from humbolt county! — just ask Tommy Chong.

    (- I can’t prove the smirnoff bit, but hey Legalize it already on the other -)

    OMFG, I just seen Big Dan’s post. Thank god I typed the Captcha in wrong.

    A RECALL!
    I think Big Dan is ILUMINATI cause he’s LIT!

    Frankly this kind of crap is the same as was Grey Davis’s ain’t it. Same old pro machine, excuse, excuse, wash, rinse, repeat.

    Welp, I don’t think it’s going to last much longer Big Dan, if these wonderful leaders keep on the same path, mathematically they will cause a monetary revolution in (I say) 5 years.

  10. 10)
    Grizzly Bear Dancer said on 10/14/2009 @ 4:35am PT: [Permalink]

    Uh yah, uh transparent election system is not suppose to be part of the plan fck-nuts and look, it is not written in my script.

    A.Ssssssssss: People keep asking me.. am I a treasonous bastard who turned my back on the people of California? So I need to clear ze air. I am a kiss-up to the Illuminati/New World Order. That is why I gave GW Bush a ra ra speech in 2004 to impress members like his dad and of course THE LYING MURDEROUS ANTI-ENVIRO CRIMINAL DICK cheney.

    Fck all you stupid bastards who haven’t figured it out yet. You voted for an action-hero actor not a real man of the people and definitely not some good guy champion representative for you 85%-ers. Now please focus your US corporate mass media attention on some actress who has a big ASssssssssss this week and learn how to forgive and forget in your collective consciousness before the next rigged state or federal election.

    Next thing you wise-guy Americans are going to ask why is a group of secretive unknown multi-national bankers running the Federal Reserve Bank? Why a department of your own government is not in charge of printing US currency, but instead a multi-national banking corporation not subject to governmental over-site? And how ’bout their right to collect income tax from American taxpayers? Yaaaaaaaaaaaaaaaaah!

  11. 11)
    Big Dan said on 10/14/2009 @ 8:41am PT: [Permalink]

    Ha!

    OMFG, I just seen Big Dan’s post. Thank god I typed the Captcha in wrong.

    A RECALL!
    I think Big Dan is ILUMINATI cause he’s LIT!

    Hey, that’s just the way it seems to ME:

    Let me see if I have this straight:

    1. Schwarzenegger doesn’t want vote-by-mail voters to find out if their ballots were counted and why.

    2. Schwarzenegger doesn’t want counties to provide public notice of the opportunity to review the preparation, testing and operation of ballot tabulating devices.

    3. Schwarzenegger doesn’t want enhanced transparency by requiring ballot printers and voting system vendors to notify the Secretary of State when they discover previously undisclosed flaws in their products.

    Correct?

    Shouldn’t you have a recall, then?

    Don’t forget, though, they had the astroturfers on their side with the Gray Davis recall! Back then, we didn’t know what astroturfing was!

  12. 13)
    Joyce McCloy said on 10/14/2009 @ 9:35am PT: [Permalink]

    Thats a shame. The governor is tone deaf to the voters in this case, and missed an opportunity to let California be a leader, not a loser. This will go in today’s Voting News.

    PS – where is the button or form to sign up for email updates from Brad Blog?

  13. 14)
    CharlieL said on 10/14/2009 @ 11:44am PT: [Permalink]

    Here’s the “big picture” and why Schwarzenegger had to do this.

    California is often on the “cutting edge,” and right now they are on a really out there edge. They are going to be the first “failed state” in the United States. Surely, not the last, and a failed state that would be the xth largest nation in the world (can’t remember the #, but it’s under 20, I believe) if it was a country.

    So, when that state fails, the PEOPLE (remember them?) are going to be really, really pissed.

    Given the opportunity, they might even try to change their government through the democratic process, if such a thing existed.

    So, as California (and eventually the nation) fails into oblivion, it is VERY, VERY IMPORTANT to the entrenched corporate powers, that a democratic mechanism to change things is NOT POSSIBLE.

    Hence the vetoes.

    The Corporate Masters know that there can be only one way out of this — a bloodbath revolution — and they are ready for it with their wholly-owned military.

    The script is written.

  14. 15)
    hearya said on 10/14/2009 @ 12:43pm PT: [Permalink]

    Sad indeed for the people of “Cawlifornia”. To me, this is one more sickening proof that the recall that put him into the governor’s mansion was rigged (he only won where they had the electronic voting machines, remember?) I know the state is broke, and there isn’t money for anything, but these bills didn’t seem to spend much, did they? This is an outrage.

  15. 16)
    Big Dan said on 10/14/2009 @ 4:38pm PT: [Permalink]

    Does anyone find it funny that Gray Davis was recalled for things FAR LESS than a failed state???

    Anyone???

    No recall for a governor failing a state???

    I guess you have to have a FAKE energy crisis to get recalled in California…NOT FAIL THE ENTIRE STATE!!!!!!!!

    And that one guy’s comment above me is right: try and recall him on electronic voting machines!!!

    Ha!!!

  16. 18)
    Joyce McCloy said on 10/15/2009 @ 8:05am PT: [Permalink]

    Meanwhile, FVAP is helping add fuel to the Internet Voting Whackamole Game:

    The Federal Voting Assistance Program is recommending changes to most state’s law to help overseas military voters. See this letter dated Oct 7. The long term goal is to transmit voted ballots electronically, but says they can’t secure it just now. BUT, in the meanwhile, FVAP would be ok with troops voluntarily casting their ballots “electronically” aka internet or email at risk to their own privacy:

    *Until secure electronic transmission of voted ballots has been established, we recommend that States allow voters to return static copies of voted ballots through available electronic means.* However, the decision to send a voted ballot by unsecure electronic means must rest with the individual voter based on the voter’s desire to cast his or her vote electronically or to ensure the secrecy of their ballot.

    That’s FVAP, “assisting” our troops to be guinea pigs again, this time in a Trojan Horse intended to spread internet voting.

  17. 19)
    Jim Cirile said on 10/15/2009 @ 11:23am PT: [Permalink]

    Another stunning betrayal from Arnold, or possibly, the Neocons who are puppeteering him.

  18. Avatar photo
    20)
    Ernest A. Canning said on 10/15/2009 @ 4:32pm PT: [Permalink]

    Brad, you were right. Now that I’ve read this article, I am indeed PO’d.

  19. 21)
    Sophia said on 10/15/2009 @ 9:27pm PT: [Permalink]

    Well, now’s about the time to put the screws on our heroine. She just sent me a mailer asking for a donation to her campaign. I am going to call her office and demand that she take WHATEVER action she is empowered to do, and make a LOT of noise about it. She’s basically been very quiet, in my humble opinion, and recent elections in California have had a strong odor emitting from them. Hey, folks, it’s only a YEAR til the next elections. What if we got everyone we know up in arms about the election boondoggles, by sending this link everywhere and putting it on our sig lines. A few letters to the editor, and to our state reps might not hurt either. I am also participating in the Clean Money Campaign. I went to a meeting last week hosted by the California Nurses Association (big backers of the CMC) and the people from Health Care for All. I stood up and pointed out the “third rail” of the issues they are advocating for is indeed the lack of transparency and reliability in the voting machines themselves, and if they want to sing and dance for health care and the public campaign finance reforms dear to their hearts, they well might consider that actually having votes counted publicly might ensure that the people’s voices are HEARD… Gee. That wasn’t too hard, was it?

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