Courage Campaign Demands that Los Angeles County Registrar of Voters Count All "Double Bubble Trouble" Votes
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Acting Registrar of Los Angeles County Dean Logan has issued his 21 page report on preliminary findings regarding the double bubble trouble.

His full report in pdf form can be found here.

A brief summary from the report goes like this:

In conducting the review and analysis, three central findings have emerged. First, although any quantification is significant, the universe of ballots impacted by the cross-over issue has been found to be much smaller than the number that has been reported in the media since Election Day. Second, the limitations of our voting system and the ballot design impede an ability to determine voter intent on those ballots that were impacted; and third, a clear need exists to immediately modify the ballot layout and voting procedures to facilitate cross-over voting in a manner that does not require additional steps on the part of the voter.


In response to the report, Rick Jacobs has issued a statement, which can be seen on the flip in its entirety.

Mr. Logan has erred. Every single vote cast last Tuesday must be counted. He must immediately take two steps:

1. Tally every single DTS ballot--some 94,500--to see how many voters intended to vote for president.

2. Count ever vote for president on those ballots.

As we have said since the election, Mr. Logan and the county have at their disposal the means to count the votes and ascertain voter intent in nearly all cases. Anything short of that is unacceptable disenfranchisement of LA County voters.

Mr. Logan can save the county time and money by counting the votes now rather than subjecting the county to lawsuits and protracted engagements over an issue that he can solve in the next few days, well before the election is certified.

Nearly 25,000 people have signed our online petition demanding that the votes be counted; this is but the tip of the iceberg. With record turn out, Mr. Logan has a duty to the public to count the votes.

Reader Comments
  
the means to count the votes
By Robert Earle Feb 11th 2008 at 6:48 pm PST
"As we have said since the election, Mr. Logan and the county have at their disposal the means to count the votes and ascertain voter intent in nearly all cases."

Let us suppose that non-partisan voter A expresses a desire to vote in the American Independent primary. He is given a non-partisan ballot and directed to the American Independent voting booth, where he marks bubble #9, a vote for "Mad Max Rieske". But he fails to mark bubble #5, which is the indication that he, as a non-partisan, is choosing to 'cross-over' into the American Independent primary. So, bubble #9 marked, but not bubble #5.

Let us also suppose that non-partisan voter D expresses a desire to vote in the Democratic primary. He is given a non-partisan ballot and directed to the Democratic voting booth, where he marks bubble #9, a vote for Barack Obama. But he fails to mark bubble #6, which is the indication that he, as a non-partisan, is choosing to 'cross-over' into the Democratic primary. So, bubble #9 marked, but not bubble #6.

Two ballots, each with bubble #9 marked, each with neither bubble #6 nor bubble #6 marked. Ballots that are utterly, 100% identical in every way. No way at all to trace the two ballots back to voter A or voter D.

Tell me how, explain to me how, "Mr. Logan and the county have at their disposal the means to count the votes and ascertain voter intent" and I will immediately and gladly sign your petition.
Re: the means to count the votes
By rick jacobs Feb 12th 2008 at 12:06 am PST
Each voter is required to sign a registry prior to recieving his/her ballot. If a DTS voter asks a poll worker to vote in the Democratic or AI primary, that worker is required to write in the registry next to the voter's name that the voter will vote in the respective presidential preference primary. The voter than takes his or her ballot, and votes for president. By examining the registry, the registrar can ascertain precinct by precinct whether there were any requests to vote in the AI primary. If there were none, which is likely to be the case in most precincts, then voter intent is clear. Any vote then cast by a DTS voter in positions 11-15 is a vote for a Democratic candidate for president. The registrar can analyze the voter logs and thereby determine how many ballots were requested by DTS voters for the AI primary. My guess is that number will be miniscule.

Will you now sign our petition?

Rick Jacobs.
Re: the means to count the votes
By Robert Earle Feb 12th 2008 at 1:02 am PST
This election was, to the best of my recollection, the first time that the person (or persons) collecting signatures in the Roster of Voters was asked to make that notation in the Roster. The 45 minutes or so that I was sitting in that chair last Tuesday, I doubt that I made that notation in a consistent manner. No way was that done consistently throughout the county. And therefore, no way is that a reliable inference of voter intent (but it was a good try - points for creativity).

We should also note the possibility raised by Mr. Logan in his report (the third paragraph of the Conclusion, page 5), of the non-partisan who, after telling the pollworker that he/she did not intend to "cross-over", then makes a mark on the ballot in the 'presidential range' of positions 8 through 15 while using a voting booth other than the Dem, AI or NP; eg. the Republican booth. (Why would a non-partisan be using the Republican booth? Well, if he had said he wasn't crossing over - that is, he was supposedly only voting the propositions - he would then be allowed to use any booth, particularly if the Republican booth were the only available at that moment. An unusual occurance, to be sure. I don't think we had that circumstance come up on Tuesday, but I have seen it happen in the past.)

As for positions 11 through 15: There is certainly a stronger arguement to be made for 'clear intent' for positions 11 through 15 (as opposed to 8 through 10, the positions that overlap on the Dem and AI ballots), and it doesn't depend on the notations in the Roster of Voters. But do you seriously think you'd be able to get all the parties involved - the Obama campaign, the Clinton campaign, the Gravel campaign, the campaigns of the three AI candidates, the Dem party, the AI party - to agree that ballots with a mark in positions 11 through 15 (and without marks in either 5 or 6) WILL be counted while ballots with marks in 8 through 10 (without marks in 5 or 6) WON'T be counted, all in the same precinct? The precinct I was working, that would be asking the Obama campaign to allow Clinton votes (position 15) while disallowing Obama votes (position 9), on the theory that in some other precinct, the positions would be (more or less) reversed such that some degree of 'baance' or 'fairness' would be maintained?

I remain thoroughly unconvinced. Care to try again?
Re: the means to count the votes
By Jon Feb 12th 2008 at 8:13 am PST
> But do you seriously think you'd be able to get all the parties involved - the Obama campaign, the Clinton campaign, the Gravel campaign, the campaigns of the three AI candidates, the Dem party, the AI party - to agree that ballots with a mark in positions 11 through 15 (and without marks in either 5 or 6) WILL be counted while ballots with marks in 8 through 10 (without marks in 5 or 6) WON'T be counted, all in the same precinct?

If there's an agreement that better represents more voters' intent, I think the parties involved will agree. Everybody involved understands that confidence in a free and fair voting system is crucial for democracy. Nobody in any party wants to deal with another four years of arguing about whether an election was stolen.

jon
The way I'd see this ...
By jon Feb 12th 2008 at 12:08 am PST
I think the presumption is that any voter how chose Barack Obama intended to vote for him for Democratic candidate for U.S. President, because that's what he's running for. I would say the same for votes for Hillary Clinton, Mike Gravel, or John Edwards. It seems to me that intent is clear in all of these cases.

As for Mad Max Rieske, I'm not sure what office or party he's running for ... my inclination would be to give him his choice as to whether or not he wanted them counted in the Democratic primary. In any case, it's not relevant to whether or not to count the other votes where intent is clear.

jon
Oops
By jon Feb 12th 2008 at 12:24 am PST
Our posts crossed. Rick's answer is unsurprisingly much better than mine.

jon
  
There is a way
By Maria Feb 12th 2008 at 5:15 am PST
Whenever a non-partisan voter signs in pollworkers must write in next to the voter's name their choice of ballot. This is a way to check manually.

In addition what about the ballot reader? Wasn't it supposed to check for errrors? That is what the county asked us to tell the voters. What is the ballot reader REALLY doing?

I am a volunteer pollworker and feel cheated by the county. We had soo many provisional ballots in our precinct. Who do we talk to about that?

Thanks
Re: There is a way
By Robert Earle Feb 12th 2008 at 8:12 am PST
The ballot scanner at the polling place was only checking for two kinds of errors: it was looking for completely blank ballots, and it was looking for 'overvotes', ie. a ballot where somebody accidentally voted both 'yes' and 'no' on a proposition, or voted for both Hillary and Obama for president.

While I assume, the scanners could be, or could have been, programmed to look for the 'double bubble' problem, last Tuesady they were not.
Re: There is a way
By Linda Feb 12th 2008 at 11:44 am PST
I''m not convinced that the registries will reflect individual ballot choices, even though I did sign the petition: I voted in Election Precinct Number: 9002231B at 7929 Melrose Senior Citizens center and I can tell you that no-one wrote down the fact that I as a Non-Partisan voter (incorrectly) asked for and was given a Democratic ballot. The poll workers at this location did not seem to be working together at all, even though they were sitting side by side. They were very poor communicators with the public all around. I mean, ALL around! I visited another polling location prior to this one before realizing they had changed my polling place. I spent 45 minutes in line and was horrified at the poor communication and lack of clear sign-age, etc.

I know that some poll workers who were completely well versed and really prepared for this election, were STILL confused and some did not get it right regarding cross over voters. So of course, a re-design of the ballots and cross over voting procedures in the future will most likely be called for.

I bet it was hard as a poll worker to stay on top of voters who like me, were un-educated and did not even carefully read the materials and sample ballots (even if confusing) provided in advance. However, I think one reason a lot of people may not even vote is simply because it's just all too confusing.

DTS voters being able to ask for the party ballot of their choice and those ballots having no extra bubbles, is what makes the most sense to me. Also, training for poll workers should be mandatory, not optional.
  
Why bother? The uncounted DTS votes will change nothing.
By Chris Peterson Feb 12th 2008 at 9:51 am PST
Even if all 94,500 uncounted DTS voters voted for second place candidate (Obama), the Los Angeles County's Democratic primary results would not change (let alone, California's results).

CNN's primary election results for Los Angeles County: Link

Clinton = 658,937
Obama = 496,192 + 94,500 hypothetical DTS votes = 590,692
Edwards = 25,135

Clinton still wins Los Angeles County.
Clinton still wins California.
Re: Why bother? The uncounted DTS votes will change nothing.
By Robert Earle Feb 12th 2008 at 10:27 am PST
Delegates are alloctaed based on the results in Congressional districts, so the result in LA County as a whole is not very important.

The LA county congressional district with the closest result from Tuesday is the 30th district, where Clinton beat Obama by 3.6%, or by a little under 5000 votes.

There were about 135,000 votes cast in the 30th district, out of about 1.8 million cast in all of LA County, or about 7.5% of the total. If we use the estimate that Mr. Logan came up with in his report of about 49,500 ballots marked in error in LA Country, 7.5% of 49,500 is about 3700 'erroneous' ballots in the 30th district.

So even if every one of those 3700 were a vote for Obama, it wouldn't change the 'winner' in the 30th district.

(But if delegates are allocated proportionally within a given district, it might cause a change of a delegate or two within the 30th. I don't know if that is the case or not. I can pass along that California Party spokesman Bob Mulholland was quote in the LA Times on Monday saying that the uncounted votes were unlikely to affect the division of delegates between Obama and Hillary.)

So Chris' point is valid, even if he was looking at the wrong segment and division of ballots.
Re: Why bother?
By Lucas O'Connor, Courage Campaign Feb 12th 2008 at 3:49 pm PST
Because having fair and functional elections where every vote counts transcends any particular candidate or any particular race.
  

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