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M1945 Challenges for Citizen Oversight of elections in the COVID-19 Era
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Challenges for Citizen Oversight of elections in the COVID-19 Era

Ray Lutz, CitizensOversight.org --- 2020-05-11

No one can trust elections run in private and without transparency. Knowing this, elections in the US and other areas have historically relied on two key strategies:

In the old days, precincts would also hand-count the ballots in each precinct, and then call in the totals to a central tabulation center, where the totals would be written on a blackboard where everyone could see them, and total them up with absolute transparency.

Voting machines, central tabulation, and vote-by-mail (VBM) has changed a lot, essentially eliminating the first strategy, since central tabulation now would provide the opportunity to corrupt just one group and flip any election, and changing the second, with both some positive effects and negative effects.

Moving to central tabulation can make oversight a bit easier because there is now just one location where oversight is needed rather than hundreds or thousands of precincts, where it is really all but impossible to find sufficient volunteers to provide oversight for all the precincts. The central location requires fewer volunteers and they can have a larger impact with their time, potentially affecting all precincts vs only one. But of course, the danger at the one centralized location for malicious modification result is many times higher.

Similarly, in the era of COVID-19, we find that it also cuts both ways. Visiting the location is more difficult, but now we find that remote observation with video recordings, Skype, or other livefeed service is now being embraced, and people can participate from anywhere in the country.

As districts move from in-person voting to no-excuse absentee or permanent VBM, along with COVID-19 we can consider the following effects. Here, the situation where people vote in precincts with COVID-19 would also provide challenges.

Voting Step

In-Person non COVID19

VBM non COVID19

VBM with COVID19

Voter Check-in

Sign paper rosters or use e pollbook to sign in.

Complete envelope with voter signature

Voter validation

Voter is validated prior to voting. Citizen observers can watch the validation process which varies by state. Some require picture ID, others do not but voter must sign-in. With e-pollbooks, they may also have additional information to validate the voter. Local precincts will tend to know the voters in their precinct.

Voter is validated after submitting envelope with voted ballot. Signatures are compared with signatures on file by people who do not know the voters. Observers typically can stand behind workers performing signature comparisons and watch the process, in some cases also able to interrupt the process and challenge the decision.

Observers will not be allowed to stand close enough to see the signature validation process unless additional cameras are installed or screen sharing is one option if they use images of signatures and not physical ballots, otherwise would need video cameras mounted close and over the work to show both the screen and the physical ballots. Officials may not offer remote access of this video feed because it could be recorded and signatures harvested.

Validation cures

If signatures are missing or do not match, a curing process is used to follow up with the voter using mail, SMS messages or emails. Oversight is generally performed after-the-fact on records rather than in real time.

Casting vs. accepted.

Ballots are placed into a secure ballot box and the identity of the voter is separated from the ballot. The ballot is accepted as it is cast.

Ballots are mailed in or dropped off at staffed or unstaffed collection sites.  Ballot in the envelope is "cast" but not necessarily "accepted" and considered validly cast until the voter is validated. Ballot is not separated from voter ID until later and unscrupulous election officials could filter ballots based on voter identities. Observers need to watch how ballots are handled.

Observation of envelope vs. ballot handling may be both easier and more difficult. If video feeds are available with sufficient clarity, then observers can operate remotely, which may improve oversight.

Ballot Harvesting

This hazard does not exist

Party operatives have been known to visit retirement homes for example and gather up many ballots from residents in large meetings where they may also influence how they vote.

This effect may actually be reduced because visiting such centers will probably not be possible.

Ballot Manipulation

Voting machines that do not use paper ballots have no limit to manipulation of the vote.

Party operatives may harvest ballots from mail boxes or other collection points, open them, and cause ballots to be overvoted or fill in votes for voters who did not vote in those contests. Oversight of the chain of custody is required, generally in person. Use of USPS tracking bar codes can help.

Tabulation

If voting machines are used at precincts, then there is a chance they could all be infected with a computer virus which could then alter the results, and this may not be detectable without an audit. Logic and Accuracy testing (pre election) could produce one set of results that differ from election-day results, along the lines of Volkswagon emissions testing.

Centralized scanners can also be infected and only audits can actually detect this in any reliable way. However, with VBM, hand-marked paper ballots are used instead of touch-screen machines, and that means they can be reliably audited.

Audits

Can perform RLA or other audits and observation can be performed in person.

RLA audits will be difficult to perform and observe due to the extensive physical interation, however video observation may be possible and this may facilitate improved oversight by video or livestream

General Oversight

Observers can visit the election office and watch what is going on.

Observers probably will not be able to visit easily, however, most facilities have extensive security camera systems but we have difficulty getting access. COVID-19 may help these video streams to be accessible for oversight volunteers to access.

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