The Future of Voting in California Public Hearing Transcript
Total Page:16
File Type:pdf, Size:1020Kb
MEETING STATE OF CALIFORNIA SECRETARY OF STATE THE FUTURE OF VOTING IN CALIFORNIA: THE PEOPLE, THE EQUIPEMENT, THE COSTS SECRETARY OF STATE 1500 11th STREET 1ST FLOOR BOARDROOM SACRAMENTO, CALIFORNIA MONDAY, FEBRUARY 8, 2010 10:02 A.M. TIFFANY C. KRAFT, CSR, RPR CERTIFIED SHORTHAND REPORTER LICENSE NUMBER 12277 APPEARANCES I. Introductory Remarks Evan Goldberg, Chief Deputy Secretary of State Rebecca Martinez, Madera County, County Clerk-Recorder Jill LaVine, Sacramento County, Registrar of Voters Austin Erdman, San Joaquin County, Registrar of Voters Dean Logan, Los Angeles County, Registrar - Recorder/County Clerk Gail Pellerin, Santa Cruz, County Clerk II. Heading into 2010: Taking Stock of the Post-HAVA Voting System and Election Administration Environment Brian Hancock, U.S. Election Assistance Commission Lowell Finley, Office of the California Secretary of State Doug Chapin, Pew Center on the States III. Existing Voting Systems in California John Groh, Election Systems & Software Eric Coomer, Sequoia Voting Systems Marcus MacNeill, Hart Inter Civic McDermot Coutts, Unisyn Voting Solutions Curt Fielder, DFM Associates IV. New Developments in Voting and Election Administration Bob Carey, Federal Voting Assistance Program Gregory Miller, Trust the Vote/Open Source Digital Voting Foundation Efrain Escobedo, Los Angeles County, Voting Systems Assessment Project Bill O'Neill, Runbeck Election Services Sandy McConnell, King County Elections, State of Washington APPEARANCES CONTINUED V. Public Comment The following people and organizations provided comments at the pubilc hearing. Gail Work, San Mateo Democratic Central Committee Brent Turner Mimi Kennedy, California Election Protection Network Alan Dechert, Open Voting Consortium Judy Alter, Protect California Ballots Jim Soper Judy Bertelsen Tom Courbat, Save R Vote Kim Alexander, California Voter Foundation Frank Welte, California Council of the Blind Eva Waskell Dagmar Zakim Joan Quinn, Wellstone Progressive Democratic Club of Sacramento Lori Shepherd, Disability Rights California Christina Tobin, Californians for Electoral Reform INDEX Page I. Introductory Remarks 1 II. Heading into 2010: Taking Stock on the 20 Post-HAVA Voting System and Election Administration Environment III.Existing Voting Systems in California 78 IV. New Development in Voting and Election 183 Administration V. Public Comment Period 250 VI. Adjournment 295 VII.Reporter's Certificate 296 1 1 PROCEEDINGS 2 SECRETARY OF STATE CHIEF DEPUTY GOLDBERG: Good 3 morning. My name is Evan Goldberg. I'm the Chief Deputy 4 Secretary of State under California Secretary of State 5 Debra Bowen. 6 I'd like to thank those of you who are speaking 7 today, those of you who are here in the audience, and 8 those of you who are watching on the Internet for joining 9 this hearing. 10 The weekend storms -- you wouldn't know it by 11 looking outside in California -- but the weekend storms on 12 the east coast have wrecked a little havoc on our agenda. 13 Both Secretary Bowen and Brian Hancock with the Election 14 Assistance Commission were snowed into Washington, and 15 both of them had their flights canceled. We do have two 16 people who did make it out from D.C., so at least two of 17 the four were able to escape. 18 But Secretary Bowen felt it was important to go 19 ahead with the hearing today even in her absence because 20 so many people had made plans to travel here from other 21 parts of the country or other parts of the state. And she 22 did not want to cancel the hearing at the last moment. 23 But she is watching and certainly extends her apologies 24 for not being able to be here. 25 Before we begin, I would like to introduce the 2 1 county election officials with me here on the dais: Jill 2 LaVine from Sacramento County; Austin Erdman from San 3 Joaquin County; Becky Martinez from Madera County; Dean 4 Logan from Los Angeles County; and Gail Pellerin from 5 Santa Cruz County. 6 Some of you may have heard or seen that Orange 7 County Registrar Neal Kelley was scheduled to be here. He 8 was but had to cancel last week, and he sends his regrets 9 for not being able to be here. 10 The purpose of the hearing today is really 11 three-fold. We want to take a look at the current voting 12 system marketplace, not just in California, but also 13 across the country to a certain extent, also at the next 14 generation of voting systems and methods and what they may 15 look like. And finally ask the question if we can't get 16 the answer of what California can do or should do to drive 17 the marketplace to develop products and options that serve 18 the interests of the state's voters. 19 It has been eight years since the enactment of 20 the federal Help America Vote Act. And that sweeping 2002 21 law had a profound effect of how people cast their ballots 22 not just in California but also across the country. One 23 of the effects it had was to create a bit of a seller's 24 market for the voting system industry, because many, if 25 not all, jurisdictions across the country had to modify or 3 1 replace their voting systems prior to 2006 in order to 2 comply with the federal law. 3 Since HAVA's enactment, millions of dollars of 4 taxpayer money have been spent to buy and maintain new 5 systems. The voting system industry itself has been 6 through some change. There has been an expansion and then 7 some contraction as well. While there are new potential 8 market participants on the horizon, there are also some 9 questions about their viability given the either real or 10 perceived market barriers to entry. There are new 11 technologies that may be talked about dealing with open 12 source and disclosed source. And at the same time, the 13 state of Washington just recently joined the state of 14 Oregon as an all-mail ballot state. 15 As Secretary Bowen noted in the background paper 16 published for the hearing, even if the appropriate public 17 policy answer or answers to the challenges were obvious, 18 which I don't think they are, the reality is that any 19 solution or solutions that come forward in the next 20 several years are going to be greatly influenced by the 21 current and projected financial status of the federal, 22 state, and county level. 23 So that's a snapshot of why Secretary Bowen 24 wanted to gather all of us here to begin talking about 25 these issues. 4 1 Before I call up the first panel, I'm going to 2 have some housekeeping notes. But before I get to that, 3 I'd like to ask any of the registrars up here with me if 4 they'd like to say anything before we get started. 5 MR. ERDMAN: Yes. 6 In discussing the future of voting systems, we 7 must first look into the past and then know where we are 8 today, before we can look into the future. We must be 9 informed by and learn from our history of voting systems. 10 Technological advances in voting include the use 11 of Greek tokens, Italian round black and white balls, 12 mechanical lever machines, paper ballots, punch cards, 13 optical scanners, and the direct reporting electronic 14 voting machines. 15 Today's new voting systems are driven by finance 16 and security. As we look back, we see each advancement in 17 voting was a refinement of some real and perceived 18 historic issue. In other words, each advancement or 19 enhancement attempted to solve a problem. In some cases, 20 fixing one problem led to other issues. Like advancements 21 in voting rights, voting technology has also advanced to 22 address issues and problems. 23 For instance, the initial move from voice voting, 24 calling out loud one's voice yea or nay, to secret paper 25 ballots addressing the problem of voters being influenced 5 1 by external pressures such as threats and intimidation. 2 Secret paper ballots gave each citizen the comfort of 3 voting without everyone knowing how they cast their vote. 4 Pre-printed ballots solved the problem of 5 interpreting handwritten voters in the mid-1800s, solving 6 the issues of secrecy, one person, one vote. 7 In the late 1890s, lever machines solved the 8 problem of human misconduct during the tabulation of vote. 9 In the 1960s, punch card voting addressed the 10 tabulation issues associated with manual tally and 11 enhancements at the results of speed and time when voters 12 and press thought computers could speed the results on 13 election night. 14 Problems interpreting voter's intent in 2000 when 15 inspecting Votomatic ballots -- dimpled hanging chads come 16 to my mind -- gave rise to an increase in optical scan and 17 touch screen voting. By this time, optical scan usage 18 grew to address problems of increased number of names on 19 ballot as well as addressing voter confidence levels with 20 those who didn't feel comfortable with punch cards. 21 Touch screen voting was promoted to address many 22 problems, including the challenges of disabled voters, 23 ballots size, ballot and printing costs. Touch screen 24 voting systems introduced unlimited ballot size, reducing 25 costs due to ballot printing, ballots produced in multiple 6 1 languages, which encompass the five percent ethic 2 population speaking different languages. 3 We were now able to easily address challenges of 4 voters with disabilities, such as visual impairment.