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Government Stats The Courts United States

Kansas Secretary of State Blocks Release of Voting Machine Tapes 288

PvtVoid writes: Wichita State University statistician Beth Clarkson has filed a lawsuit under Kansas' open records law to force the state to release paper tape records from voting machines, to be used as data in her research on statistical anomalies in voting patterns in the state. Clarkson, a certified quality engineer with a Ph.D. in statistics, has analyzed election returns in Kansas and elsewhere over several elections that indicate 'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct. The pattern could be voter fraud or a demographic trend that has not been picked up by extensive polling. Secretary of State Kris Kobach argued that the records sought by Clarkson are not subject to the Kansas open records act, and that their disclosure is prohibited by Kansas statute.
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Kansas Secretary of State Blocks Release of Voting Machine Tapes

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  • In other words. (Score:4, Insightful)

    by Z00L00K ( 682162 ) on Thursday August 27, 2015 @12:42PM (#50403603) Homepage Journal

    The secretary is covering up a fraud.

    • Re: (Score:2, Funny)

      Well, yeah!

      Too bad it won't motivate us all to trash these contraptions. They are designed to commit fraud. So, in that case, they are working perfectly and we should keep them!

      • Too bad it won't motivate us all to trash these contraptions.

        While at it, what about trashing the perps and the beneficiaries?

    • Re:In other words. (Score:5, Informative)

      by Kreplock ( 1088483 ) on Thursday August 27, 2015 @12:49PM (#50403667)
      Maybe. Did you read TFA? They did respond, they just didn't give her what she wants, which they say would be really hard to produce. Yes, they could be full of shit, but that's not a foregone conclusion. Need more data.
      • Re:In other words. (Score:5, Insightful)

        by Z00L00K ( 682162 ) on Thursday August 27, 2015 @12:55PM (#50403717) Homepage Journal

        I did read that the secretary of state considered that the records aren't subject to the Kansas open records act. In my eyes any such avoidance of disclosure means that there's something to hide.

        • Re:In other words. (Score:5, Insightful)

          by Joce640k ( 829181 ) on Thursday August 27, 2015 @01:45PM (#50404061) Homepage

          Yeah, when it's _us_ they're talking about it's all, "if you've got nothing to hide, you've got nothing to worry about".

          When it's _them_? That's a different story....

        • I did read that the secretary of state considered that the records aren't subject to the Kansas open records act. In my eyes any such avoidance of disclosure means that there's something to hide.

          Of course it could just as easily be that they are understaffed and will not take time to comply with requests they don't have to. Or, they have plenty of staff but can't be arsed to stop updating Facebook to comply with requests they don't have to. Any road, the records are in a rotten format that would take a lot of effort to work through to comply with a request they are not required to comply with. So, quite possible they're saying piss off because they can, not because they have nothing to hide.

      • Re:In other words. (Score:5, Interesting)

        by _Sharp'r_ ( 649297 ) <sharper AT booksunderreview DOT com> on Thursday August 27, 2015 @12:58PM (#50403741) Homepage Journal

        "Each person’s vote in the 2013 election takes up about 27½ inches of the electronic machine’s paper trail. Each roll from the 2014 election is 385 feet long, and stored in 42 boxes that are not segregated by precinct or voting district."

        Definitely not as easy as making a photo copy. Maybe they could let her pay to hire someone to sort through, find the right roll (without damaging anything), then carefully unroll and photograph it for later study before re-rolling it?

        One issue of course would be that the voting registry (which is public already and contains who voted and is time stamped, so also in what order) could very easily be used to guesstimate matching up specific people with specific votes, as the roll is going to be in chronological order as well. I'm not totally familiar with Kansas law, but there's a good chance they're legally supposed to have a secret ballot.

        • Poor excuse (Score:5, Insightful)

          by mschaffer ( 97223 ) on Thursday August 27, 2015 @01:25PM (#50403921)

          So, if the government stores information in an inconvenient format, that makes it exempt from freedom of information requests?
          Pathetic.

        • Re:In other words. (Score:5, Insightful)

          by mtrachtenberg ( 67780 ) on Thursday August 27, 2015 @02:02PM (#50404169) Homepage

          This is not the first time I've heard the argument that access to voting records can reveal supposedly secret votes. Of course, what this argument reveals, if accurate, is that voting officials are routinely able to determine supposedly secret votes, as they have access to the voting records they refuse to reveal to the public.

          The long-term solution is to ensure that all voting records are routinely made available to the public, meaning that any systems which acts to violate the secrecy of the vote will do so equally for all, leading to the withdrawal of such systems on the grounds that they do not meet the baseline requirements for a voting system meant to maintain the supposedly sacrosanct secrecy of the vote.

          I would have thought this common sense when I was younger.

        • One issue of course would be that the voting registry (which is public already and contains who voted and is time stamped, so also in what order) could very easily be used to guesstimate matching up specific people with specific votes, as the roll is going to be in chronological order as well. I'm not totally familiar with Kansas law, but there's a good chance they're legally supposed to have a secret ballot.

          Secret ballots are primarily supposed to be secret from the government.

          • Re:In other words. (Score:4, Interesting)

            by Your.Master ( 1088569 ) on Thursday August 27, 2015 @02:48PM (#50404523)

            Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

            • Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

              It is also make it difficult to buy a vote. The buyer can't verify that the seller actually voted for their candidate.

            • Re:In other words. (Score:4, Interesting)

              by pla ( 258480 ) on Thursday August 27, 2015 @03:22PM (#50404739) Journal
              Is that actually the case? I thought a big purpose was to avoid voter intimidation by non-governmental vigilantes who oppose a particular candidate.

              Absolutely! Your reason also holds true, but it comes in a distant second.

              We tend to minimize the "Uncle Sam knows who you voted for" angle precisely because we don't live in a country where we routinely round up people who voted for the "wrong" candidate to torture or execute or "reeducate" them.

              By contrast, consider (whatever your stance on the post-9/11 Iraq war) that Saddam Hussein routinely won reelection by an almost unanimous vote for precisely that reason.
          • Secret ballots are primarily supposed to be secret from the government.

            You realize that the researcher works for the government, right? I get it. "Wichita State" is a confusing name because there isn't a state called Wichita. It's really run by the state of Kansas.

    • Re:In other words. (Score:5, Insightful)

      by bobbied ( 2522392 ) on Thursday August 27, 2015 @12:54PM (#50403711)

      The secretary is covering up a fraud.

      Or, attempting to follow the law as the secretary claims is the case.

      • Re:In other words. (Score:4, Insightful)

        by garcia ( 6573 ) on Thursday August 27, 2015 @01:04PM (#50403781)

        The law should NEVER, EVER, EVER, provide protection over any data available behind public sector activity.

        The public sector frequently claims the release of information will be burdensome; however, the public sector actors are not always forced, by statute (as they are in Minnesota) to ensure records should be held in a way which the sector cannot claim burden in failure to comply.

        This needs to change.

        • Re:In other words. (Score:5, Insightful)

          by bobbied ( 2522392 ) on Thursday August 27, 2015 @01:20PM (#50403881)

          This needs to change.

          Perhaps it does, however until the law IS changed the Secretary of State is correct, it is illegal for these records to be released because of a FOIA request. The person filing this lawsuit has already lost a nearly identical lawsuit in 2013 (the only difference I know of was the date of the election for which records where requested). They are just hoping to "get lucky" and find a sympathetic judge this time around.

          • Re:In other words. (Score:4, Informative)

            by oh_my_080980980 ( 773867 ) on Thursday August 27, 2015 @02:16PM (#50404275)
            Where the hell does it say that requesting those records is illegal? All it says it that it would cause undo burden. Apparently you can do any research. http://bethclarkson.com/?p=463 [bethclarkson.com] The 2013 lawsuit was rejected, again, on the ground that it would cause undo burden and **NOT** because the request was illegal.

            You can stop trolling now.
            • Re:In other words. (Score:5, Informative)

              by bobbied ( 2522392 ) on Thursday August 27, 2015 @04:54PM (#50405361)

              http://www.hdnews.net/opinion/... [hdnews.net]

              There’s an important reason why neither I, nor Sedgwick County officials, can hand over any ballots to the WSU employee — because it’s a crime to do so. Under K.S.A. 25-2422, it’s a felony to “disclos(e) or expos(e) the contents of any ballot” after the election contest period has ended, even if the names of voters are redacted. Another Kansas law, K.S.A. 25-3107(a), specifically prohibits county election officials from unsealing the containers in which ballots are kept after an election. Only under a judicial order, when the outcome of a specific race has been contested, can those containers be unsealed.

              That is in the Secretary of State's own words. He'd be committing a crime... It's illegal....

              • by dryeo ( 100693 )

                The question is why the government passed a law that makes it illegal to verify that no fraud took place. It seems to be standard procedure to pass laws to make it hard to uncover fraud. My government did it with the Orwellian "Fair Elections Act" that amongst other things declawed the agency in charge of verifying the election was fraud free.

        • The law should NEVER, EVER, EVER, provide protection over any data available behind public sector activity.

          Even if that data might reveal information about private citizens? Have you considered the fact that the people this data is about might not want it made public?

          What if someone voted for the candidate that their spouse is violently opposed to? Should we endanger that person because you want to know how everybody is voting? That's obviously an extreme case, but the scenario is a valid one. How many people would vote differently if they knew that information would be made public?

          I'd agree with you if this

        • A FOIA should probably come with some serious strings attached, because it's just as important to protect the secret ballot and that's at odds with complete freedom of information.

    • More likely he knows that those machines are crap, that it was proven they're crap, that he knew they're crap and yet greenlit them, and that he fears for his comfy seat when the uncomfortable questions start rolling in.

  • by cloud.pt ( 3412475 ) on Thursday August 27, 2015 @12:47PM (#50403655)
    ...the definition of "something's fishy".
  • Complete bullshit (Score:5, Insightful)

    by UnknownSoldier ( 67820 ) on Thursday August 27, 2015 @12:52PM (#50403699)

    Authority without Accountability = Authoritative Abuse(s)

    When are people going to demand an open and transparent government?

    More important, who stands to gain (or be hurt) if this information was released?

  • by Virtucon ( 127420 ) on Thursday August 27, 2015 @01:14PM (#50403833)

    Who's funding Clarkson's lawsuits?

    • by khallow ( 566160 )
      Could be libertarians. Ron Paul was on the wrong side of many of these anomalies.
  • Really? (Score:5, Insightful)

    by wiggles ( 30088 ) on Thursday August 27, 2015 @01:20PM (#50403877)

    > 'a statistically significant' pattern where the percentage of Republican votes increase the larger the size of the precinct.

    The larger the precinct in geographical terms, the more spread out the population. The more spread out, the more rural, the more rural, the more Republicans per capita. Where's the problem here?

    • Same pattern happens in reverse -- take Illinois voting returns, for example. Rural precincts with fewer voters compile and report their results quickly, so Illinois goes deep red. Then Cook County (Chicago), which represents 1,635 of Illinois' 57,915 square miles, or about 2.8%) reports and the state goes blue.

      Using 2012 as an example, Cook County contributed 1.94 million votes to a 5.1 million total. So 2.8% of the land area represented 40% of the results that decided 100% of the electoral votes of the st

      • by jwdb ( 526327 )

        Using 2012 as an example, Cook County contributed 1.94 million votes to a 5.1 million total. So 2.8% of the land area represented 40% of the results that decided 100% of the electoral votes of the state. I'm pretty sure the 97.2% of Illinois that works that land to feed the remaining 2.8% feels pretty crappy about that imbalance.

        Yes, I'm sure those 97.2% of Illinois's acres of land feels really bad about supporting the other 2.8% of acres of land. On the other hand, the *minority* of rural voting humans do

    • by jlowery ( 47102 )

      Obviously you've studied this in depth. No wild-assed speculator, you.

      • Have you ever been to Kansas?

        There is no speculation here. Kansas still runs a 'prohibition party' candidate for most political offices, and they get votes. Note: That's a party that wants to bring back prohibition of alcohol.

        That said. The butthole of Kansas, Johnson County, is also very conservative. (Wyandotte county is an anal fistula attached to Johnson.)

  • It is amazing... (Score:4, Insightful)

    by bobbied ( 2522392 ) on Thursday August 27, 2015 @01:35PM (#50403991)

    It's a amazing how many folks have a "Government is hiding something" default setting here. Who, without reading the background material, conclude that the Kansas Secretary of State is stonewalling with the "it's not legal to release this information" argument.

    I urge you to read both the above article AND the one it links to. You will discover that this researcher filed almost the EXACT same lawsuit years ago and LOST in court back in 2013. The courts agreed with the Secretary of State that the release of this information was illegal according to Kansas law.

    All that's happening now is the researcher is trying to find a judge who might rule differently by filing another lawsuit. She is answer shopping and hoping to "get lucky" this time around. IMHO this is a waste of time and is clogging up the courts with worthless lawsuits.

    • I guess you never heard of an audit. Too bad Zippy.
      • Read the articles.... This isn't an audit, it's a FOIA request for records the Secretary of State is not allowed to release, by law. Further, the courts have already decided, back in 2013 for the same records for a different election, in favor of the Secretary of State's position.

  • If anyone wanted to destroy the idea that we vote and elect officials in the US there is no better way to do it than to keep voting records secret. Maybe they can claim it as a national security issue due to the theory that if the public ever figured out what is really going on there would be massive riots across the entire nation. It takes a very dumb official to try and suppress this information.
    • Since when did "not bulk copyable for free by anyone who makes a FOI request" equate to "secret"? Do you have any idea how much it would cost to copy all the tape she requested?

    • if the public ever figured out what is really going on there would be massive riots across the entire nation.

      If only that were true. If widespread voter fraud was clearly identified, I expect the reaction of most Americans would be "Ho-hum, I wonder if anyone liked my Kardashian post on Facebook". Just like the debacle with the NSA spying, they got caught red-handed clearly circumventing the law and spying on US citizens and the collective response from the public was "Nobody cares!".

  • by Average ( 648 ) on Thursday August 27, 2015 @02:40PM (#50404443)

    If it's legally impossible to request a review of them, why bother with creating and storing the paper tapes in the first place?

    Which leads, I guess, to the next question. If it's legally impossible to review an election, why bother holding them in the first place?

  • 'There are multiple exemptions to what types of records are available under the Kansas Open Records Act.' ref [ballotpedia.org].

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