Repair Michigan’s Broken Election System

1. Repair Michigan’s Broken Election System Jan BenDor, LMSW, Accredited Election Administrator, State Co-coordinator Michigan Election Reform Alliance.org

2. State of Denial • “The people who cast the votes don’t decide an election. The people who count the votes do.” Joseph Stalin • Michigan was another victim of the Help America Vote Act/Congr. Bob Ney scam. Traded a trustworthy, locally diverse election system for outsourcing to corporations.

4. In Michigan, we can no longer trust the count of our votes. • In the 2016 Presidential Election, Michigan official results had a margin of 10,704 votes, the closest Presidential result in the nation. • The state’s margin was .22% of the 4.8 million votes cast for President. • Michigan’s vote tabulators have a demonstrated error rate of .26%-1.78%, & have miscounted ballots 5%.

5. Did the optical scan tabulators and DREs decide who is President? • According to writer Jeff Greenfield, a total of 1/30th of 1% of the votes in three states decided the election. • We will now never know who won. • Michigan’s recount was stopped half way through. PA’s never got going. Only some of WI’s votes were on paper and hand re-countable.

6. The Michigan Presidential Recount was doomed from the start. • In other states, a statewide recount is automatic if the margin is under 3%. A recount is in the public interest and done at public expense. • Michigan’s trigger is a tiny 2,000 votes. Since 2000, only race close to this was 2002—for AG. • Candidates are forced to petition and pay, which becomes a political football.

7. The 2016 Recount would not have produced a useful result. • Michigan Election Officials have interpreted MCL 168.872 and .871 to preclude an actual investigation of “mistake and fraud,” the very reasons for a recount petition. • Catch-22 • Confusion over Recount Rules promulgated in 1979.

8. Incomplete “rules”: • You can’t recount a precinct if the ballot case seal is missing, broken, or bearing a different number from the one recorded in the poll book. • You can’t recount a precinct if the number of ballots in the ballot case differs from the number recorded in the poll book statement of votes.

9. Made-up “rules”: • Recount observers may not see the other election documents, such as tabulator totals tapes, poll book voter lists, and other precinct records. • Enforced in the Wayne County recount site, even though the Bureau of Elections Director contradicted it.

10. Alice in Wonderland? • Using the same logic: if a bank were robbed, and the missing money caused the bank’s financial records to become incomplete or incorrect, police could not investigate the robbery.

12. A recount is a police report and a potential criminal investigation. • The petition boilerplate states “mistake and fraud.” • The filer of the petition does not have to make a case for fraud—that is the purpose of the recount. • The law provides the County Board of Canvassers with authority to conduct a criminal investigation.

13. Predicted, widespread breakdowns of optical scan tabulators • MERA’s 2014 report, “Facing Michigan’s Election Cliff.” • Tabulators jamming, failing to scan, obsolete memory cards failing. 30% in Detroit failed. • Voters forced to wait at least an hour for machines to be repaired and replaced on election day.

14. Violations of federal & state law never enforced • MERA worked with RecountNOW listserv to investigate violations • Gave detailed report to US Attorney for Eastern District Barb McQuade & her Civil Rights Dept. head • Presented report to the FBI in a two hour interview

15. We need to decide how we will count our votes accurately, honestly, and transparently in the future. • Over 5,000 voting precincts and 2,000 absentee count boards depend on 12-14 year old machines with mechanical parts wearing out; all beyond original warrantee • SOS arbitrarily decreed a replacement program with choice of 5 brands, all with serious security issues.

16. Vote counts are not accurate • MERA’ s Allegan County audit study of 35,647 ballots from precincts in 24 jurisdictions (2008-17 and 2012-11) • Hand-count audit of votes looked for discrepancies with official vote totals that might indicate vote rigging and also to gauge tabulator error rates • Egregious, numerous failures of ballot security and ballot accounting

17. Scanner error rates are high enough to change elections • The study found average error rates of 0.26% and 0.42%. Single race error rates from the ’08 election ranged from 0.0% to 1.08%. In the ’12 primary, the single race range was from 0.0% to 1.78%. • No current scanner comes with any guarantee of accuracy on election day.

18. Map of close elections 2012 • Over two dozen races decided by 1% • Judicial races • State House races, even gerrymandered • First Congressional District .46% • Do we want the machines to decide?

20. MERA’s proposed Blue Ribbon Commission-Election Integrity • Representatives of key stakeholders: voters, election administrators, experts in security, statistics, computers • Statewide public hearings, public comment period • Similar to Colorado and California • Look at all alternatives • Cost comparisons • Establish principles for election security and integrity

21. MERA Plan for Election Audits • Establish audit authority under a separate branch: MDCR • Follows national guidelines of the State Audits Working Group (Electionaudits.org) • Election night audit of one race in every precinct to detect malfunctions • Post election audits of statistically based sample of precincts • Escalation to full recount if warranted

22. Independent non-partisan redistricting commission • Signature campaign underway right now • VotersNotPoliticians.com is the coalition PAC; Feb. deadline • 3,000 volunteer circulators • 350,000 signatures • 200,000 to date • Amends 11 sections of State Constitution • Firewalls against partisan manipulation by 3 branches of state government now under one party control

23. Our Challenge: Secure the Right to Vote & be Counted • Identify election system pitfalls and help voters avoid them • Hold elections officials accountable to standards and public control • Stop partisan manipulation of the election system’s weaknesses & work for comprehensive reform

24. We need your help! • Bill sponsors and constituent pressure to implement reforms • Personal statements at public hearings • Citizen involvement in MERA Monitors • Tell people about the MERA Plan • Publicize www.MichiganElectionReformAlliance.org

25. Thank you! • Please contact us with questions, ideas, and comments • www.MichiganElectionReformAlliance.org • Jan BenDor 734/484-1744 or jan@bendor.org