Sunday, November 19, 2017
Home Tags Marc Elias

Tag: Marc Elias

Audio: Major Concerns in Virginia HD-28, Including Disenfranchised Voters, “Split Precincts,”...

I just got off a call (see audio below) with Virginia House Democratic Leader David Toscano and Marc Elias of Perkins Coie’s Political Law...

Joshua Cole Campaign Files Federal Lawsuit to Demand 55 Ballots Be...

From the VA House Democratic Caucus: Joshua Cole Campaign Files Federal Lawsuit to Demand 55 Ballots Be Counted The Virginia House Democratic Caucus today issued the...

Take-Aways From the AG Recount

SBE says no photo 131219BallotQuestionable_zps3d6e5779.jpg While the iron is hot, there are a few observations that should be taken concerning elections. While paper ballots provide a tangible record, it turns out they are not slam dunk evidence. The cost of optical scan and paper methods is unjustifiable except in distinctly unique cases. DRE is optimal.

The Direct Recording Electronic (DRE) method of casting and recording ballots removes subjectivity. There is natural discomfort with a black box recording and storing election results but that is not reason to challenge the reliability of this method. Something on the order of 75% of Virginia jurisdictions use DRE. There is not one case of an election being challenged because DRE was the balloting medium.

    Three things that stand out in the Attorney General recount:
  • Virginia elections are reliably supervised and adjudicated
  • Paper ballots in any form invite error
  • Marc Elias is one cool operator

Why is paper less reliable? Here is an example of a marked paper ballot. The standard published by the Virginia State Board of Elections (SBE) requires a positive affirmation in order to count a vote. According to SBE, this mark is a strike-through; negative. But did the voter really intend an underline making it an affirmation? You'd have to channel the voter's intent. That's no way to determine election outcomes.