[EL] Magleby on Voters’ Preferred Methods of Voting

Sun Dec 7 08:58:11 PST 2014

On David Magleby’s prediction internet voting is only a matter of time, Dan writes: “I don’t share his prediction on Internet voting — at least not any time soon… given the  <http://www.technologyreview.com/news/506741/why-you-cant-vote-online/> formidable security concerns.”

David and Dan are both wrong. Electronic voting is already happening for non-UOCAVA voters. Alaska now allows electronic voting for all regular mail ballot voters (New Jersey did so as well in 2012 in an emergency response to Hurricane Sandy).

The typical procedures for casting electronic ballots are as follows:

1. The voter requests an electronic ballot from election officials.
2. Election officials deliver the ballot electronically (email or login provided to a website).
3. Voters print ballot, fill it out, and sign it.
4. Voters scan ballot and returned scanned image via e-mail to election officials (Maine has allowed cell-phone pictures).
5. Election officials perform signature verification against the signature on the scanned image.

This method is NOT the same as online voting, which is the method described in the link Dan provided. Online voting would have voters log into a website and cast their ballot entirely within that website.

While it is feasible to intercept and manipulate scanned images, given the large variation in ballots across the U.S. and variation in the quality of scanned images, automated image manipulation would likely lead to discrepancies that would be detected. So, manipulation to escape detection would most likely have to occur on a case-by-case basis using a photo editor. This would lead to delays that may be detected during the notification procedure that ballots have been received by election officials.

This election saw further innovations:

States have opted to allow electronic ballot return, however, federal requires UOCAVA ballots to be received by fax. A system was constructed to allow UOCAVA voters to electronically send ballots to a system that relayed their ballots via fax to local election officials in states that do not accept electronic ballots.

In Okaloosa, Florida military voters cast ballots via online voting through a trial method invented by Juan Gilbert here at UF. Military voters established a webcam session with an election official. They filled out their ballot through the website. The election official printed the ballot, and without looking at the ballot, held the ballot to the webcam where the voter verified the accuracy of the ballot. The election official then placed the ballot into the ballot box. There is no known technology that can intercept and manipulate real-time video without detection, and for the foreseeable future such technology will not exist given current computing speeds.

============
Dr. Michael P. McDonald
Associate Professor
University of Florida
Department of Political Science
234 Anderson Hall
P.O. Box 117325
Gainesville, FL 32611

phone:   352-273-2371 (office)
e-mail:  dr.michael.p.mcdonald at gmail.com                
web:      <http://www.electproject.org/> www.ElectProject.org 
twitter: @ElectProject

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Daniel Tokaji
Sent: Sunday, December 07, 2014 10:15 AM
To: law-election at UCI.edu
Subject: [EL] ELB News and Commentary 12/6/14 & 12/7/14

“Roundup: Citizens United and Public Corruption” <http://electionlawblog.org/?p=68881>  

Posted on  <http://electionlawblog.org/?p=68881> December 7, 2014 7:06 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Noah Rosenblum’s  <http://www.yalelawjournal.org/forum/roundup-citizens-united-and-public-corruption> post in Yale Law Journal Forum summarizes recent scholarship on public corruption and campaign finance.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68881&title=%E2%80%9CRoundup%3A%20Citizens%20United%20and%20Public%20Corruption%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=10> campaign finance    

More Efforts to Change How States Allocate Their Electoral Votes? <http://electionlawblog.org/?p=68879>  

Posted on  <http://electionlawblog.org/?p=68879> December 7, 2014 7:00 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Paul Rosenberg has  <http://www.salon.com/2014/12/06/now_theyre_trying_to_steal_2016_the_demented_gop_schemes_to_rewire_the_electoral_college_and_elect_a_tea_party_president/> this piece in Salon on the possibility that Republicans will try to assign electoral votes proportionally or by congressional district in states where they control the legislature but are likely to vote Democratic in presidential elections.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68879&title=More%20Efforts%20to%20Change%20How%20States%20Allocate%20Their%20Electoral%20Votes%3F&description=> 
Posted in  <http://electionlawblog.org/?cat=44> electoral college    

“Democrats Win PACs, Lose Money War” <http://electionlawblog.org/?p=68877>  

Posted on  <http://electionlawblog.org/?p=68877> December 7, 2014 6:46 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
 <http://www.politico.com/story/2014/12/democrats-gop-super-pacs-fundraising-113362.html?hp=r1_3> Politico reports that Democrats “far outpaced Republicans in the fundraising by super PACs, which are required to report their contributors’ identities” but that “voluntary disclosures by other outfits suggest Republicans more than made up for the disparity through their dominance of secretive non-profit groups that  <http://www.politico.com/news/stories/0811/60731.html> do not disclose their  <http://www.politico.com/news/stories/0811/60731.html> donors.”
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68877&title=%E2%80%9CDemocrats%20Win%20PACs%2C%20Lose%20Money%20War%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=10> campaign finance     

More on Ohio Redistricting Reform Proposal <http://electionlawblog.org/?p=68873>  

Posted on  <http://electionlawblog.org/?p=68873> December 7, 2014 6:14 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
 <http://www.dispatch.com/content/stories/local/2014/12/07/proposed-revision-of-redistricting-is-progress-expert-says.html> This story in the Columbus Dispatch includes my thoughts on the proposal that the state house  <http://electionlawblog.org/?p=68822> approved Thursday on a bipartisan vote. It’s unclear what the state senate will do.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68873&title=More%20on%20Ohio%20Redistricting%20Reform%20Proposal&description=> 
Posted in  <http://electionlawblog.org/?cat=6> redistricting    

Federal District Court Invalidates Arizona Disclosure Law <http://electionlawblog.org/?p=68869>  

Posted on  <http://electionlawblog.org/?p=68869> December 7, 2014 6:01 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Judge James Teilborg’s ruling found the state’s registration requirement for political committees “vague, overbroad, and consequently unconstitutional in violation of the First Amendment,” according to  <http://tucson.com/news/local/federal-judge-strikes-down-campaign-finance-law/article_74fe2156-9ce9-587f-b0d5-469e2f9abe60.html> this report.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68869&title=Federal%20District%20Court%20Invalidates%20Arizona%20Disclosure%20Law&description=> 
Posted in  <http://electionlawblog.org/?cat=10> campaign finance     

“Energy Firms in Secretive Alliance With Attorneys General” <http://electionlawblog.org/?p=68867>  

Posted on  <http://electionlawblog.org/?p=68867> December 7, 2014 5:30 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
NYT has  <http://www.nytimes.com/2014/12/07/us/politics/energy-firms-in-secretive-alliance-with-attorneys-general.html?_r=1> this report on what it calls an “unprecedented, secretive alliance that … Republican attorneys general have formed with some of the nation’s top energy producers to push back against the Obama regulatory agenda,”  finding that “[a]ttorneys general in at least a dozen states are working with energy companies and other corporate interests, which in turn are providing them with record amounts of money for their political campaigns, including at least $16 million this year."
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68867&title=%E2%80%9CEnergy%20Firms%20in%20Secretive%20Alliance%20With%20Attorneys%20General%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=10> campaign finance,  <http://electionlawblog.org/?cat=28> lobbying     

“Richard Alarcon to Serve 51-Day Sentence under House Arrest” <http://electionlawblog.org/?p=68863>  

Posted on  <http://electionlawblog.org/?p=68863> December 6, 2014 12:11 pm by  <http://electionlawblog.org/?author=5> Dan Tokaji 
 <http://www.latimes.com/local/cityhall/la-me-alarcon-jail-20141206-story.html> LA Times reports on how the former L.A. City Councilman will serve his sentence for living outside the district he represented. Dan Lowestein comments:  “It’s hard for me to think that the state of California will be better governed by these cases being brought forward.”
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68863&title=%E2%80%9CRichard%20Alarcon%20to%20Serve%2051-Day%20Sentence%20under%20House%20Arrest%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=38> residency     

Colorado Secretary of State Accuses Boulder Clerk of Violating Election Laws <http://electionlawblog.org/?p=68860>  

Posted on  <http://electionlawblog.org/?p=68860> December 6, 2014 6:01 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Colorado’s Republican Secretary of State Scott Gessler has issued a  <http://www.sos.state.co.us/pubs/elections/docs/2014BoulderReport.pdf> report finding “serious and systemic violations of Colorado state law” by Boulder’s Democratic County Clerk Hillary Hall during the 2014 election.  The allegations include “systematically discriminat[ing] against Republican election judges, by excluding people nominated by the Republican Party, and even appointing people not registered to vote.”  The Secretary of State nevertheless  <http://www.denverpost.com/news/ci_27072646/secretary-state-accepts-part-boulder-county-voting-results> accepted Boulder’s election returns for state and federal office.  Hall  <http://www.dailycamera.com/news/ci_27082559/boulder-county-clerk-hall-i-followed-law-election> denies the accusations, and Gessler says he’s not pursuing a criminal investigation.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68860&title=Colorado%20Secretary%20of%20State%20Accuses%20Boulder%20Clerk%20of%20Violating%20Election%20Laws&description=> 
Posted in  <http://electionlawblog.org/?cat=12> chicanery,  <http://electionlawblog.org/?cat=18> election administration    

Magleby on Voters’ Preferred Methods of Voting <http://electionlawblog.org/?p=68857>  

Posted on  <http://electionlawblog.org/?p=68857> December 6, 2014 5:22 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
David Magleby has  <http://www.forbes.com/sites/datafreaks/2014/12/04/the-death-of-voting-booths-america-is-changing-the-way-we-vote/> this piece on Forbes’ Data Freaks, reporting on a survey of Utah voters. A snippet:
We found that 21 percent of the Utah voting population prefers to vote by mail and nearly 20 percent prefer to vote by Internet. Of voters under age 50, one-in-four would prefer to vote by Internet. Interestingly, voters over 65 were most likely to prefer mail-in ballots. These voter attitudes, coupled with no assurance of federal funds to update voting equipment, make in-person voting seem like an endangered species and a shift to Internet voting seem like an inevitable reality.
Worth reading, but I don’t share his prediction on Internet voting — at least not any time soon — given the  <http://www.technologyreview.com/news/506741/why-you-cant-vote-online/> formidable security concerns.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68857&title=Magleby%20on%20Voters%E2%80%99%20%20Preferred%20Methods%20of%20Voting&description=> 
Posted in  <http://electionlawblog.org/?cat=53> absentee ballots,  <http://electionlawblog.org/?cat=49> internet voting    

“The Ruth Bader Ginsburg Taboo” <http://electionlawblog.org/?p=68855>  

Posted on  <http://electionlawblog.org/?p=68855> December 6, 2014 5:09 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
 <http://www.politico.com/story/2014/12/ruth-bader-ginsburg-113357.html?hp=t4_r> Politico on Justice Ginsburg’s recent health issues and the possibility no one wants to discuss. 
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68855&title=%E2%80%9CThe%20Ruth%20Bader%20Ginsburg%20Taboo%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=29> Supreme Court    

“The 2014 Elections That Ended in a Tie” <http://electionlawblog.org/?p=68852>  

Posted on  <http://electionlawblog.org/?p=68852> December 6, 2014 5:02 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
 <http://fivethirtyeight.com/datalab/the-2014-elections-that-ended-in-a-tie/> 538 reports on elections resolved by coin flips, lot-drawing, and other games of chance. See  <http://mckinneylaw.iu.edu/instructors/pitts/connecticut_final.pdf> Mike Pitts. 
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68852&title=%E2%80%9CThe%202014%20Elections%20That%20Ended%20in%20a%20Tie%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=50> recounts    

“Thousands of Americans use same-day registration this year” <http://electionlawblog.org/?p=68849>  

Posted on  <http://electionlawblog.org/?p=68849> December 5, 2014 12:06 pm by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Electionline Weekly has  <http://www.electionline.org/index.php/electionline-weekly> this story.
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68849&title=%E2%80%9CThousands%20of%20Americans%20use%20same-day%20registration%20this%20year%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=37> voter registration    

“Libertarians Displace Democrats on Alaska Campaign Finance Commission” <http://electionlawblog.org/?p=68847>  

Posted on  <http://electionlawblog.org/?p=68847> December 5, 2014 11:58 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
Ballot Access News has  <http://www.ballot-access.org/2014/12/libertarians-displace-democrats-on-alaska-campaign-finance-commission/> this post on a consequence of Democrats having no gubernatorial nominee on the ballot. 
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68847&title=%E2%80%9CLibertarians%20Displace%20Democrats%20on%20Alaska%20Campaign%20Finance%20Commission%E2%80%9D&description=> 
Posted in  <http://electionlawblog.org/?cat=47> third parties     

Voting Stories from Kansas and Ohio <http://electionlawblog.org/?p=68843>  

Posted on  <http://electionlawblog.org/?p=68843> December 5, 2014 11:50 am by  <http://electionlawblog.org/?author=5> Dan Tokaji 
The Brennan Center has short pieces on how  <http://www.brennancenter.org/analysis/voting-2014-stories-kansas> Kansas’ ID and citizenship rules and  <http://www.brennancenter.org/analysis/voting-2014-stories-ohio> Ohio’s registration and early voting cuts affected individual voters, part of its series  <http://www.brennancenter.org/state-voting-2014-states> Voting 2014: Stories from the States. 
 <https://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D68843&title=Voting%20Stories%20from%20Kansas%20and%20Ohio&description=> 
Posted in  <http://electionlawblog.org/?cat=53> absentee ballots,  <http://electionlawblog.org/?cat=9> voter id,  <http://electionlawblog.org/?cat=37> voter registration 

-- 
Daniel Tokaji 
Charles W. Ebersold & Florence Whitcomb Ebersold Professor of Constitutional Law
The Ohio State University | Moritz College of Law
614.292.6566 | @Title52law <https://twitter.com/Title52law> 
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