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Repairing Michigan's Broken Election System

Learn how Michigan's election system failed in the 2016 Presidential Election and what can be done to ensure accurate, honest, and transparent vote counting in the future.

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Repairing Michigan's Broken Election System

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  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.

  3. 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%.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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

  13. 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.

  14. 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

  15. 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.

  16. 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?

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

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

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