March 15, 2008
Open letter to NY citizens, election workers and election commissioners
By andi novick
Dear Election Commissioners, election workers, citizens of New York,
We in New York have a rich history of safeguarded, reliable elections. Yes, there's been manipulation; in fact the propensity towards fraud when elections are concerned is so pervasive that the super majority of electoral reforms over our 150 year history of addressing these issues has been directed at eliminating the opportunities for fraud. But thoughtful legislatures and courts over the years have created an electoral system that had certainly minimized that manipulation. The current state legislature however has cast 150 years of legislative wisdom out the window in passing statutes that undermine the very foundational cornerstones of our electoral laws.
Those foundational principles, which were first implemented more than one hundred years ago based on the experiences that had preceded a monumental piece of electoral reform in 1896, involved protecting both the citizen's ability to freely cast his/her vote and ensuring against what was considered the greatest threat to the integrity of the ballot – fraud perpetrated by insiders (prior to 1896 election inspectors were free to create the official returns with very little public scrutiny, and then destroy the evidence of what actually happened on election day). In 1896 the legislature responded by requiring the creation of evidence of what occurred on election day as well as requiring a massive number of safeguards be implemented to safeguard the count. (They actually required a lot more but you can read about that later).
As a result of the reforms the following became fundamental aspects of our electoral system in New York: All counting was done publicly and observably by election officials which included inspectors, poll clerks, ballot clerks, representatives of the various parties. Each and every step of the process was checked by all of these "watchers" in a publicly observable manner. In order to address the temptation for fraud which arose after it was known just how much manipulation was required to alter the election outcome, all counting was to be done immediately after the polls closed, simultaneously in every election district in the state and a contemporaneous, self-proving tally sheet was to be created as the tally progressed. In this way no one counting knew the outcome; the numbers as they were publicly recorded became part of a public record in advance of the final tally within the polling site as well as the full state. Each ballot was publicly announced as it was tallied and publicly written down on the tally sheet. At the end all numbers had to be reconciled and if the total number of votes cast did not match the total number counted an immediate recount was had. A final tally was not announced until the numbers checked out - a self-audited process resulting in a reliable first count on election night.
To further deter the temptation towards fraud during the counting process and in order to provide evidence, should fraud occur notwithstanding the myriad of safeguards thrown around the election, the contemporaneous tally sheets which recorded the details of the count made at the time each vote was announced, were required to be preserved along with the ballots. The evidence of how the count was arrived at on election night, as well as the ballots, were sealed and preserved -- not for the purpose of recounting the ballots -- but solely to retain the evidence. Evidence was needed both to discourage those who might commit fraud (knowing the evidence could later nail them), and also as proof, should the people's will be undermined by manipulation.
http://www.opednews.com/articles/opedne_andi_nov_080315_open_letter_to_ny_ci.htm