Showing posts with label government. Show all posts
Showing posts with label government. Show all posts

Thursday, October 8, 2009

A Failure of Democracy?

It’s been all over the news of late, the blatant and massive election fraud during the recent Afghanistan elections. We are allowed to recognize it over there because…..well, it’s over there. So let’s talk about it. We are told that bringing democracy to the people of Afghanistan is one of our goals, priority unknown, of eight years of death and destruction we call Operation Enduring Freedom.

From our vantage point it’s quite easy to assign blame for this “democracy failure.” Some will observe that the Afghan culture is just not ready for democracy, or that three decades of occupations and civil war have caused the populace to become so cynical as to prevent ideals such as democracy from taking root. Poppycock! What we have here is a failure of leadership by American political actors, the ones that were so cynical as to claim to want to bring democracy to the Afghan people, and then enthusiastically used military force to make whatever they wanted to happen, happen.

You might sense that I doubt the U.S. motives in Afghanistan…of course I do. And you might wonder what all this has to do with election integrity here in Schoharie county. I’ll explain.

Several months back the Peacemakers Voting Integrity Project (VIP) sought to introduce the concept of a Citizens’ Advisory Board for Election Administration (
Challenge Provincial Power: The Test) to the County Board of Supervisors (BOS). Without going into too much detail I’ll simply report that we were rebuffed by both the Board of Supervisors Rules & Legislation Committee and the Election Commissioners. They simply refused to talk to us. Was it a distaste for the goals of such a board or was it dislike of individuals associated with the effort? We can’t be sure but there are clues we can follow.

One of the proposed activities of the CABEA was fact finding which could assist the Board of Elections (BOE). One specific action we suggested was research and activities to expand the number of registered voters. Lacking the cooperation of the BOS and the BOE we decided to go forward with a simple research effort which compared Schoharie County with five other counties of similar demographics (
Analysis of Voter Registration Performance). What we discovered was that Schoharie County had a smaller percentage of eligible citizens registered to vote than the other counties. Approximately one in four voting age Schoharie citizens is not registered.

The VIP report was published, and reported, and delivered to the BOS in June of this year. There has been no reaction from the BOS. There has been no reaction from the BOE. And, other than printing the press release we provided, there has been no attention from the press. Why?

The clues: On the occasion of our meeting with the R&L Committee to introduce the CABEA concept, one Supervisor responded to our proposal to expand the franchise to more Schoharie citizens by saying she thought “… we would be better off if they didn’t vote.” Apparently this legislator believes there is a segment of Schoharie County citizens who shouldn’t be encouraged to register and vote. On another occasion, a Supervisor from one of the largest towns in the county, responded with similar sentiments to a constituent’s query about the report.

The tally: Two County Supervisors who are either entirely clueless as to what democracy is or arrogant enough to dismiss it (and so indiscreet as to express their prejudice). Another handful of Supervisors lacking in courage or conviction to do the right thing. Two Election Commissioners dumb enough and arrogant enough that they believe they don’t need to attend to some of their responsibilities. A pair of Deputy Election Commissioners without sufficient autonomy or initiative to act. The remainder of the Board of Supervisors who lacked the initiative to spur action by a county department which is obviously failing in its mission. And a newspaper editor without the courage or initiative to act on a story with significance to the functioning of our democracy.

What do these actors have in common? They occupy leadership positions. They have responsibilities and they failed to fulfill those responsibilities. Is this a failure of democracy? I don’t think so! Democracy is fading for sure but as a concept, an ideal, it can not fail. It can be intentionally suppressed by those with elitist sentiments or allowed to suffocate through ignorance and inattention, but it can not fail.

The lesson:
Democracy requires leadership by the actors previously identified. For democracy to thrive requires leaders who are actually committed to democratic egalitarian ideals. Our job is to train the people we allow in power…...and to demand of them stronger support of these ideals. If we had such leaders we would not be killing Afghans and we would already have universal health care. With such leaders here in Schoharie County we might have even created a Citizen Advisory Board for Election Administration.

Oh yeah, about the Afghanistan elections: Mr. Karzi’s “win” in the past two Afghanistan elections is to Bush’s “win” in 2000 and 2004 here. In both cases local war lords screwed with the electorate, voting machines, polling places, ballots and ballot tallies to shape “democracy” the way they wanted it.


Wayne

Sunday, July 5, 2009

Challenge Provincial Power: The Test

On Quixotic Attempts to Challenge Provincial Power


Select the answer which best describes the actions of the various public officials as set forth in the following paragraphs.

A- Arrogance B- Ignorance
C- Malfeasance D- All of the above

In the fall of 2008 The Voting Integrity Project requested a meeting with the Board of Supervisors subcommittee responsible for oversight of the Board of Elections. We reasoned that, since there was a subcommittee charged with elections oversight and recognizing there was a risk Election Commissioners might not want to meet with representatives of an election integrity advocacy group, that it would be both practical and respectful to recognize the subcommittee’s authority and responsibilities.

We had hoped the members of the Rules and Legislation subcommittee would appreciate that a Citizens’ Advisory Board for Election Administration (CABEA) could be an asset in the accomplishment of their oversight duties while at the same time assisting the BOE in various ways.

Following our initial meeting with the Rules & Legislation Committee months passed while we waited for a follow-up meeting with Board of Elections representatives to be arranged by the committee Chairman. First we were told one or the other Commissioner was in Florida for the winter. Then, finally after more than three months, the committee Chairman returned our calls. He reported that the Election Commissioners refused to meet with us, and…..that the Rules and Legislation Committee was in agreement with the Commissioners’ decision.

Since the Chairman delivered his message through a third party it was not immediately clear with whom the Election Commissioners were refusing to meet. I needed to know were the Commissioners just refusing to meet with curious and annoying citizens, or were they arrogant enough to refuse to meet with the oversight committee for the purpose of hearing the annoying citizens? Or could it be, that when presented with a threat that both the legislators and the Election Commissioners were loathe to deal with, a mutually agreed upon defense was needed: No!

Some might say the Quixotic citizens failed to recognize the unofficial power relationships at play. There’s a long-standing practice in Schoharie County for the Board of Supervisors to appoint the chairpersons of the county partisan committees as Election Commissioners….regardless of the individual’s experience, skills or abilities. Such is the nature of a feudal patronage system. So it seems that the elected legislators feel greater allegiance to their partisan leadership than to the citizens they are elected to represent.

We suspected that might be the case. That is why we chose to engage the legislative committee. What we misjudged was the timidity of the lawmakers. We had expected to have at least one meeting with the Election Commissioners before they rejected our proposal. It was expected that engagement of the legislative subcommittee would guarantee that opportunity. I suppose we should have known better. Historically, there has been no evidence of legislative oversight. In fact, it more often seems that the Board of Elections leads the subcommittee. We have attended Rules & Legislation Committee meetings which were initiated by the Board of Elections staff, held in the Board of Elections office and organized with an agenda prepared by the Board of Elections staff.

So it seems we might be paddling upstream. I’m OK with that. Jim Hightower is fond of saying that even a dead fish can go with the flow. The Voting Integrity Project folks are very alive and still paddling. Check out the following postings for further clarification of our recent efforts.

Analysis of Voter Registration Performance

A Performance Analysis of the Schoharie County Board of Elections

Introduction: Late last fall, at a meeting of Voting Integrity Project representatives and the Board of Supervisors Rules & Legislation Committee, it was discovered that the committee does not receive regular reports from the Board of Elections Department or the Election Commissioners. We know that the Election Commissioners have addressed the Board of Supervisors when specific circumstances suggest the need to do so, but there have not been periodic reports of performance parameters which the Board of Supervisors, as an oversight body, should receive.

When considering performance evaluation of a governmental unit it is important to understand the mission of that unit. An initial inquiry to the county Board of Elections revealed that the unit does not have a written mission statement. Thus we have chosen to use the New York State Board of Elections Mission Statement as a guide for our evaluation effort. That document closes with this statement: “…the board is charged with the preservation of citizen confidence in the democratic process and enhancement in voter participation in elections." (emphasis added).

The following is offered as both an initial evaluation and a suggested format for future reporting which might serve the needs of the Board of Elections and Board of Supervisors.


Voting Statistics Analysis: This report offers analysis of election data for Schoharie County and several other New York counties, which we hope will serve to identify needed reforms or policy changes.

It will consider population demographics, voter registration numbers, voter turnout and certain other voter behaviors for the past five even-year election cycles while comparing Schoharie County to five other counties of similar population numbers and rural character: Allegany, Chenango, Cortland, Delaware and Essex.

The following statistics were sourced from the U.S. Census Bureau and the New York State Board of Elections or calculated from similarly sourced statistics: (see charts in subsequent post)

Estimated total county population (Est. Pop. Herein)
Estimated 18 years or older county population (eligible voters or EV herein)
County total registered voters (RV)
Recorded voter turnout (TO)
Under vote (UV) (most election results do not report under votes or “blank” as a singular statistic. Instead they offer a total of “blank, void & scattering.” We have chosen to use this number to represent the under vote since void and scattering are only a small percentage of the total.

2008 Voting Statistics: The following table (see subsequent post) is provided for those who want to verify the math or logic of our calculations. Similar data and calculations were used throughout our investigation to provide added statistics and inform our findings.

What we’ve learned There are no big surprises here. Schoharie County seems to chart near the other counties in most categories throughout 2000-2008. This is not say there is no room for improvement, there certainly is. It just means that Schoharie County is not alone and that other counties exhibit similar demographic patterns.

Population Changes: Schoharie County does stand out among the sampled counties in one respect, it has gained a few hundred in total population since 2000 while the other counties have lost significant numbers. Note, however, the across the board increase in Eligible Voters despite population losses in the other counties. These numbers indicate that voter registration efforts were significantly more successful in these counties than they were in Schoharie County.

Registered Voters: Schoharie County, with 76.3% of eligible voters registered, ranks second from last to Allegany’s 73.4%. The other counties were all in the low 80th percentile except for top ranking Essex County with 88.7% registered. In Schoharie County one in four eligible voters is not registered. Only Allegany County had a higher percentage with 26.5%. All the other counties have unregistered percentages at least five points lower. Raising the percentage of eligible voters registered clearly should be a goal for Schoharie County.

Voter Turnout: With respect to voter turnout Schoharie County came out on top with 74.3% of registered voters showing up at the polls. We led the other counties by as much as 10 points. However, if the turnout is calculated as a percentage of eligible voters Schoharie County falls in the middle at 56.7%. Obviously the turnout numbers are directly informed by the eligible voters and registered voters statistics.

Under Votes:
The 2008 Presidential under vote was very low among the sampled counties. All six counties registered percentages near 1%. But this is not the whole story.

The 2008 general election included a proposition concerning civil service law changes to benefit military veterans. The under vote statistics for this proposition are very telling. Relative to the other counties sampled Schoharie County stood out with the lowest percentage, 57.1%. The other counties ranged from 61.3% to 65.1%. These differences are less instructive than the magnitude of the under votes in all jurisdictions.

Absent the opportunity to question voters we can only speculate as to the causes for such a large number of voters failing to register an opinion on the proposition. It seems likely many voters either didn’t know there was a proposition on the ballot or didn’t have enough information to make a decision. In either case this high under vote seems to indicate a need for increased public education concerning ballot contents and the issues they represent. We believe citizens who are made aware of issues and ballot questions will want to make their opinion known. If we are correct in this assumption then simply paying attention to informing the public will result in greater turnout and fewer under votes.

Mandates: Another statistic which should be a cause for concern is the total of under votes plus the unregistered eligible voters number. In some circumstances this statistic could call into question the legitimacy of a candidate’s selection or the true status of a proposition.

In 2008 the Schoharie County unregistered EV population was 6075. This number of citizens not empowered to vote added to the 8318 under vote on the proposition equals 56% of the whole EV population. Thus the decision for this proposition was made by only 44% of Schoharie County’s eligible voters.

This calculation might not be as significant when considering a national question such as the aforementioned 2008 proposition. However, when the vote concerns a county question or candidate this calculation would be much more important. A local political candidate elected with less than 50% of eligible voters could be said to have not received a mandate. Likewise a ballot question “decided” by less than a majority of the citizens entitled to vote could be subject to challenge.

Observations & Recommendations: The numbers tell us there is a large group of Schoharie County citizens who are not participating in their governance. Many of these citizens could be drawn into greater community involvement, participation in our democratic system and possibly even active political life, if they were invited to become registered voters. This is important, full participation is necessary for democracy to work.

It is not appropriate or constructive to assume that all the unregistered eligible voters remain so of their own volition. Among the most common responses from citizens as to why they don’t vote are “I don’t know anything about the candidates” or “I don’t understand politics.” The relative stability of the statistics seem to indicate that voter registration efforts up to now have not been successful, or that there has been no actual effort made to increase voter rolls. In either case it seems obvious that our voter registration outreach needs to be revised and expanded. Newspapers, civic groups, churches, government agencies, and advocacy groups, all need to be drawn into a coordinated community effort to register citizens as voters.

The statistics also present a powerful argument that present efforts to inform citizens concerning candidates and ballot questions are inadequate. Responsibility for informing the public should not be left only to the political candidates and their supporting partisan organizations. There is a role for government and the media in this effort as well. In years past sample ballots were printed in the newspaper. This practice should be revived. We are also aware of some jurisdictions which actually mail sample ballots to each household prior to election day. Such an effort could be made part of the present post card verification process. For such a mailing to be fruitful as a voter registration effort it will have to be posted to all households early enough to facilitate registration. Radio and cable television must also be utilized to familiarize voters with the candidates and issues.

The voter education effort should be the corner stone of any effort to increase voter registration and voter participation. We believe, that having been adequately informed of the candidates and issues, more citizens will want to be registered and will be motivated to go to the polls on election day.

Unanswered Questions: Typical of such an inquiry this investigation raised more questions than it answered. There is much more work to be done.

We have documented differences but have not tried to discover the causes or reasons beyond what is obvious from the numbers. It could be very informative to compare the administrative structures of the several county governments and their respective Boards of Elections. Is there a County Administrator? Is there a legislative oversight committee? What is the Board of Elections staffing? Is there a professional administration culture prevalent in the county government, including the Board of Elections? For example, is there an administrator or director of the Board of Elections Department and does the department have a written procedure manual with job descriptions and a mission statement? It would also be interesting to compare the media services, community organizations, income levels and government services available in each county.

It’s hard to know what you do not know until you look and ask. We encourage the Board of Supervisors to undertake similar investigations regularly. The research is not very time consuming or difficult. Much of the information is readily available in the public domain. If there is one outcome we would like to see above all else it is that the Schoharie County Board of Supervisors pay more attention to such looking and asking.

This small study has revealed the need for action on a couple of fronts. The Voting Integrity Project hopes that this report points the way forward and assists both the Board of Supervisors and the Board of Elections in the execution of their duties.

Significant Findings:

“Note, however, the across the board increase in Eligible Voters despite population losses in the other counties. These numbers indicate that voter registration efforts were significantly more successful in these counties than they were in Schoharie County.”

“The numbers tell us there is a large group of Schoharie County citizens who are not participating in their governance.” “In Schoharie County one in four eligible voters is not registered.” “Raising the percentage of eligible voters registered clearly should be a goal for Schoharie County.”

“…this high under vote seems to indicate a need for increased public education concerning ballot contents and the issues they represent.”

“…it seems obvious that our voter registration outreach needs to be revised and expanded.”

Saturday, August 30, 2008

Police Power in a Democracy

Limits of Law Enforcement Power


Schoharie County, located in central-Eastern New York state, is a sparely populated small rural community. Its citizens are given to profusely complementing the various public servants who live amongst them. Firemen, Rescue workers and police are their heroes and nary a harsh word is spoken of them.

This community is served by only one hometown weekly newspaper, The Times-Journal of Cobleskill. So perhaps it is not very surprising that the Times-Journal failed to print a letter to the editor critical of law enforcement and disagreeing with an editorial, two weeks in a row.

Not surprising yes, but very disappointing considering the state of our democracy and the need for citizens to be alerted to their responsibilities and the dangers of complacency.

I've posted the letter here for your consideration. Please pass it on to other county citizens, AmJam participants and law enforcement.

Note: AmJam refers to the American Motorcycle Jamboree, a gathering of Harley Davidson riders at the fairgrounds in Cobleskill each Memorial Day weekend.

Wayne




13 August 2008

To the Editor
The Times Journal


Dear Editor,

Understanding Democracy and Executive Power:

State Police enforcement policy has been in the news lately. The July 2nd edition of the T-J reported that the Am-Jam organizers were threatening to leave Cobleskill because of the State Police harassment. The following week the paper included an editorial addressing the same issue.

The Am-Jam folks are justifiably angered by the State Police road blocks their participants are subjected to every year. There's little doubt some potential attendees are deterred, and the experience of those who do attend is significantly degraded, by the police harassment. In point of fact, the quality of life of all Schoharie County Citizens is negatively impacted by the State Police road blocks. Motorists of all descriptions are inconvenienced and annoyed.

When evaluating a public policy, such as law enforcement pressure, we would be well advised to consider all potential visitors as part of our community. We should not subject visitors to a level of law enforcement pressure we would not tolerate ourselves. I am in agreement with the T-J editorial which closed saying we should make visitors feel welcome, however, other editorial comments I find seriously misguided. The editorial stated: "We understand [the Am-Jam organizers] frustration, but she shouldn't expect State Police to back off." and "...Cobleskill Village officials aren't about to ask State Police to lay off, which amounts to asking Troopers to not do their job. This is unthinkable."

I disagree, it is entirely "thinkable," indeed it is our responsibility to comment on and influence law enforcement activities. And, our elected representatives, from the village level on up, are the proper conduit for citizens' input. We certainly can expect law enforcement to "back off" when an offensive policy is more than the citizens are willing to endure, or, if the policy is not supported in law.

State Police Major Spregue was quoted in the July 2nd story referring to "...the State Police...motorcycle safety check program." If the State Police have developed such a statewide motorcycle safety check program and applied it more stringently this year due to a sharp increase in motorcycle fatalities as reported in the news story, they should be able to provide documentation of the policy and statistics relevant to the reasons for and the effectiveness of the program. Major Sprague is also quoted as saying "Any event that draws Hell's Angels is going to be the focus of the State Police." This statement is all the justification needed for citizens to carefully examine the Trooper's behavior relevant to Am-Jam.

The State Police like to use the "Safety Check" rubric so as to allow them to throw the largest net possible, with the least manpower, while avoiding charges of unconstitutional intrusion upon citizen's movement and privacy. It is obvious that the application of this "safety check program" to Am-Jam attendees targets motorcyclists. Factor in the Major's comment about Hell's Angels and the law enforcement purpose of this "safety check" policy becomes very clear: That is the unconstitutional stop and search of certain motorists because of their assumed association with other citizens the police believe might be engaged in criminal activity.

If I am correct in my assessment, Major Sprague, Troop G, the State Police and the State of New York need to re-examine their motorcycle safety check policy, their Hell's Angels harassment policy, and revisit their relevant training efforts. Doing so might mitigate monetary awards resulting from litigation.

Citizens should not hesitate to question executive power and law enforcement policies. In a society ordered by the application of law it is sometimes the case that official enforcers become the law violators. It is every citizen's duty to be alert to that possibility and to speak out for correction of the problem.

To help your readers to more fully understand what is at play with this issue I must ask: How would the Agricultural Society and Schoharie County citizens respond if the State Police set up a vehicle safety check on S. Grand St. during the Sunshine Fair? How would the college, the students and their parents react if the Troopers decided to do their checkpoint in front of the college during student-parent visitation week?

Wayne Stinson
108 Southmeadow Dr.
Summit, NY 12175
518-287-1463

Sunday, January 13, 2008

Voting Equipment Selection

Now is the time for lawmakers to act

On 1/23, the NYS BOE will release a list of authorized but untested and uncertified voting equipment from which the Election Commissioners will select a Ballot Marking Device (BMD) to be deployed in every polling place.

County Election Commissioners are required to make their selection no later than 2/8 according to the timeline set by the state BOE. It is important to understand the selection might be made as early as 1/23.

It is almost certain that the very serviceable and previously certified AutoMark BMD will be on that list. The AutoMark is the BMD which is intended to paired with a paper ballot voting system to provide access for the disabled.

It is also very likely that one or more Direct Recording Electronic Voting Machines (DRE) will be on the list as well. In a disturbingly perverse move the state BOE recently agreed to allow the voting machine manufacturers to submit their DREs as BMDs if the vote counting function is disabled and the device prints a full size ballot.

I believe the above perverse ruling was made specifically to help DRE voting machine vendors such as Albany based Liberty Election Systems. We can expect a modified LibertyVote DRE to be on the list of authorized BMDs.

And it is also very likely Schoharie County's Election Commissioners Cliff Hay & Lew Wilson will select the LibertyVote DRE, or any machine other than the AutoMark, in order to avoid committing to a paper ballot voting system. I say “committing” because a major portion of the available HAVA funds will be expended on the BMDs mandated for 2008 deployment.

Re: committing to a system. Because the court ordered HAVA compliance plan requires devices to assist the disabled in every polling place, rural counties, like Schoharie with most polling places with only one voting machine, will effectively be committing to DREs if they choose an experimental BMD created from a DRE.

The Perverse Plan (as formulated by the E.C.s & vendors) goes like this:

A Make Believe BMD (MBBMD) created from a DRE is authorized by the state.

The ECs select the MBBMD and pay some fraction of the usual DRE price and deploys them in 2008.

The state BOE subsequently tests and certifies the DRE on which the MBBMD is based (no one believes the state would not certify machines that the counties have already purchased).

The vendor returns to the county reprograms the MBBMD machine to function as a full functioned DRE and collects the balance due, probably some additional premium fees, and sells the county what ever additional DREs the county E.C.s think they can afford.

The county deploys all the DREs in 2009 and everyone is happy:

Federal District Court Judge Gary L. Sharpe will no longer feel ashamed to be a New Yorker and will sleep well again,

The Justice Dept. lawyers can report to the Bush administration criminal cabal that their mission is accomplished,

The NYS BOE Commissioners can breathe a sigh of relief knowing that they weathered this crisis without being thrown under the bus or into jail…..now all they need to remember is to keep their mouths shut and reap the rewards,

Bobby Witko of Liberty Election Services will have made his daddy proud - he was able to peddle a crappy voting machine that has been rejected in Ireland, The Netherlands and Germany… at an incredibly exaggerated price,

Nedap (manufacturer of the LibertyVote) can rejoice at being able to report to their stockholders their voting machine has been introduced into the USA market, and maybe even show some black ink for that division for the first time in five years. That black ink can’t help but be improved with each election cycle in the US….New York State has a bunch of very valuable electoral votes,

Cliff Hay and Lew Wilson will have broken into the big time. Now if anyone wants to buy a particular election outcome in Schoharie County they will have the means to deliver with much greater efficiency then ever before. Also, if someone is working a state or federal scam they will be able to demand their cut. AND hey, there’s no paper ballots - Happy times are here again!

The only people who might not get what they want is the little people who believe their vote counts - but then it’s only some of those little folk that might not get what they want since the bosses need only switch a few percent of the ballots. Those people who’s vote might get switched won’t know - and what they don’t know won’t hurt them - right?

The only recourse for the little people then is Civil Disobedience (CD) - I say the only recourse because I’m not a violent person. I can not speak for the rest of our citizens who might feel they are not represented because their votes are not being counted...we fought a war over this very problem once before didn't we.

What CD? How about something as simple as "Just Say No! These are our elections and it is our vote we're talking about. We should just say no to electronic voting!

Every citizen needs to take ownership of their individual ballot and demand we use the only system which makes it possible for the voter to mark their own ballot and see their ballot being recorded and counted, the paper ballot system.

I've been telling everyone I encounter that I will refuse to vote using an electronic voting machine. It is not hard to imagine that election administrators and poll workers will have little choice but to provide paper ballots if enough of us demand it. I've printed my own calling card with just that message on it - it works, I recommend it.