The SECRETary of State's E-Voting Exams

[sonias]

http://www.texaslegislatureobserved.com/
Tuesday, May 17, 2005
The SECRETary of State's E-Voting Exams

Oh, that Mary Denny is a sly one. Before her HB 2465 left the House, the Aubrey Republican added a small section to the bill that would ensure that the state's electronic voting machines are certified behind closed doors. The Secretary of State's office certifies all e-voting systems used in Texas. State examiners poke and prod each system in closed-door sessions that the Secretary of State's office argues are exempt from the Open Meetings Act.

The ACLU of Texas sued last year to gain access to the examinations of e-voting systems, arguing that--imagine this?--the integrity of voting systems are in the public interest. The ACLU won the first round in court. Denny's trying to undo that. She slipped a retroactive provision into HB 2465 (after the bill was first heard in committee) stating that all e-voting examinations--past, present and future--are closed to the public.

More at link above.

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They are railroading this bill through the Senate. We have been working hard since Monday morning to try to get this bill amended and with the vote in committee to send it to "uncontested bills" they have made it almost impossible. We have a great bunch of groups signing on in support of our amendments, but like the Observer says, we have to knock the bill off "uncontested" first. No one wants to stick their neck out and knock it off for us so far. If they do, there are political ramifications this late in session. Any active legislation they have on calendars could get bombed as well.

All these great groups are on board opposing this legislation as currently written:
ACLU-TX
Advocacy Inc.
Common Cause
Consumers Union
Electronic Frontier Foundation (EFF)
League of United Latin American Citizens (LULAC)
MALDEF
People for the American Way (PFAW)
Public Citizen

We are totally being screwed this session by Mary Denny and the Secretary of State.

Sonia

[Jo March]

1. Here is the contact info for TX Senators & Representatives

The numbers are for DC. Start calling, writing, faxing or emailing. Let them know that this is unacceptable. I'll fire some stuff off as well.

State Name Phone Fax Webform
TX01 Louie Gohmert 202-225-3035 866-535-6302 http://gohmert.house.gov/contact_louie.htm
TX02 Ted Poe 202-225-6565 281-446-0242 http://www.house.gov/poe/writeyourrep.htm
TX03 Sam Johnson 202-225-4201 972-470-0892 http://www.house.gov/writerep/
TX04 Ralph M. Hall 202-225-6673 214-726-9949 http://www.house.gov/writerep/
TX05 Jeb Hensarling 202-225-3484 903-675-8288 http://www.house.gov/hensarling/contact/zipauth.htm
TX06 Joe Barton 202-225-2002 817-543-1000 http://joebarton.house.gov/Contact.asp
TX07 John A. Culberson 202-225-2571 713-682-8828 http://www.culberson.house.gov/contactinfo.aspx
TX08 Kevin Brady 202-225-4901 936-439-9542 [e-mail]
TX09 Al Green 202-225-7508 713-383-9234 http://www.house.gov/writerep/
TX10 Michael T. McCaul 202-225-2401 512-473-2357 http://www.house.gov/writerep/
TX11 Mike Conaway 202-225-3605 432-687-2390 http://www.house.gov/
TX12 Kay Granger 202-225-5071 817-338-0909 http://kaygranger.house.gov/contact.asp
TX13 William M. (Mac) Thornberry 202-225-3706 806-371-8844 http://www.house.gov/writerep/
TX14 Ron Paul 202-225-2831 361-576-1231 http://www.house.gov/paul/mail/welcome.htm
TX15 Ruben Hinojosa 202-225-2531 956-682-5545 http://www.house.gov/writerep/
TX16 Silvestre Reyes 202-225-4831 915-534-4400 http://wwwc.house.gov/reyes/voice_your_opinion.asp
TX17 Chet Edwards 202-225-6105 817-645-4743 http://edwards.house.gov/html/contact_form_email.cfm
TX18 Sheila Jackson-Lee 202-225-3816 713-861-4070 http://www.jacksonlee.house.gov/feedback.cfm?campaign=jacksonlee&type=Let%27s%20Talk
TX19 Randy Neugebauer 202-225-4005 432-561-8462 http://www.randy.house.gov/IMA/issue.htm
TX20 Charles A. Gonzalez 202-225-3236 210-472-6195 http://gonzalez.house.gov/feedback.cfm?campaign=gonzalez&type=Contact%20Me
TX21 Lamar S. Smith 202-225-4236 210-821-5024 http://lamarsmith.house.gov/contact.asp
TX22 Tom DeLay 202-225-5951 281-240-3700 http://www.majorityleader.gov/CONTACT.ASP?a=form
TX23 Henry Bonilla 202-225-4511 830-774-6547 http://www.house.gov/writerep/
TX24 Kenny Marchant 202-225-6605 972-556-0162 http://www.house.gov/writerep/
TX25 Lloyd Doggett 202-225-4865 713-383-8600 http://www.house.gov/doggett/doggett_ima/doggett_get_address.htm
TX26 Michael Burgess 202-225-7772 972-434-9700 http://www.house.gov/writerep/
TX27 Solomon P. Ortiz 202-225-7742 361-883-5868 http://www.house.gov/ortiz/email_mesg.shtml
TX28 Henry Cuellar 202-225-1640 210-271-2851 N/A
TX29 Gene Green 202-225-1688 281-999-5879 http://www.house.gov/green/contact/
TX30 Eddie Bernice Johnson 202-225-8885 214-922-8885 http://www.house.gov/ebjohnson/contact_ebj/index.shtml
TX31 John Carter 202-225-3864 254-933-1392 http://www.house.gov/writerep/
TX32 Pete Sessions 202-225-2231 972-392-0505 http://www.house.gov/sessionsform/emailform.htm
TXJR John Cornyn 202-224-2934 210-224-7485 http://cornyn.senate.gov/contact/index.html
TXSR Kay Bailey Hutchison 202-224-5922 512-916-5834 http://hutchison.senate.gov/e-mail.htm

[sonias]

2. Thanks arnheim

Really though I think the best we could do is to target the Senate Sponsor Senator Troy Fraser and ask him to amend the bill. No other Senator so far has been willing to help us knock this off "uncontested" status.

http://www.senate.state.tx.us/75r/senate/members/dist24/dist24.htm
Senator Troy Fraser
P.O. Box 12068
Capitol Station
Austin, Texas 78711
[phone]

Belton District phone/FAX
[phone]
fax: [phone]

Abilene District phone/FAX
[phone]
fax: [phone]

Marble Falls District phone/FAX
[phone]
fax: [phone]


HB 2465 Amendment proposal #1
Amend the bill as follows Section 8:
On page 3, line 26, delete “not”

This is what section 8 says in the engrossed version:
SECTION 8. An examination conducted or determination made
under Chapter 122, Election Code, before or after the amendments
made by this Act, was and continues to be not subject to Chapter
551, Government Code.

Why the public needs this amendment:
Better input for better decisions: Experts in computer security who can assist the state’s evaluation of systems, county elections officials and volunteers, public interest groups with special expertise in election policy and many others can contribute effectively to the certification process during a public hearing ONLY if they can hear the presentation on the system made to the examiners and the examiners deliberations.

Public’s right to know not just the final decision but how and why it was made: The fundamental principle of our Texas Open Meetings Act is that the people have a right to know not just the final outcome, but to observe the deliberative process. This bill would end that recently established access in this case.

After being denied access to these meetings, community groups sued and a court found that these meetings are exactly the kind of deliberative decision making process that the Texas Open Meetings Act was designed for. These examiners meet, they deliberate about public policy, they DO NOT discuss trade secret or other highly privileged information, they make determinations about rules and procedures that would need to be adopted to address problems with the technology, and they address training issues for the thousands of election workers around the state. Their actions affect millions of Texas citizens.
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Sonia

[crispini]

4. I just emailed him.

Let me know if you would like me to contact my own Senator (Carona). They're starting to recognize me at his office. :7

Edited to add: My email:

Dear Senator Fraser,
Please amend this bill in order to ensure that our state's voting machines are certified openly and in public. Our electoral process needs to be as transparent as possible in order that our Texas citizens have confidence in the quality of the vote.

Please amend the bill as follows Section 8:
On page 3, line 26, delete “not.”

Thank you,
Sincerely,

[Jo March]

6. Excellent

I can get a list of all government officials for TX if needed and repost it here if you'd like.

I'm at work but can still access some stuff from the VOTE database. :)

[crispini]

8. No, I think we're good

http://www.capitol.state.tx.us/fyi/fyi.htm

gets ya there. :)

[Jo March]

11. You are the stuff, baby

But I have it in a database format SO THERE, you hussy!! ;)

[sonias]

9. It can't hurt, crispini

I contacted my Senator and he supports the amendments but won't stick out his neck to knock off the bill from uncontested status. Moderate republican senators are as endangered as our WD40s in Congress.

The lawyers for the ACLU-TX and EFF are looking at what else they can do. Supposedly the SOS did not want to have this case go to appeal, but if this law makes the suite moot then they get their wish. Maybe, just maybe there's room for interpretation in this. We can only hope.

Sonia

[crispini]

3. These are Federal.

The bill Sonia is referring to is state, right?

[Jo March]

5. They are federal, yes, but can be powerful allies in the fight

On second thought - I just looked at their party affiation.

:scared:

Texas is just filled with those creepy crawlers, isn't it?

[crispini]

7. LOL. Yes.

Shame. But, we do have a few good Ds. What I'd give for more like Eddie Bernice Johnson and Sheila Jackson Lee. :D

[sonias]

10. Yes this is for Texas

Right now the bill has passed the House and will be voted on by the Senate. Since the State Affairs committee voted to put it on uncontested calendar, those bills don't even get heard. They just get voted on en-mass. So unless this bill gets pulled off "uncontested" it's a done deal. And Fraser as the State Sponsor is the only guy that can do it without a political payback (except from Mary Denny and the SOS of course).

Let's also keep in mind that the new Secretary of State Roger Williams was a big time fundraiser for the Texas State Republican party. It's no coincidence that when Williams calls Fraser personally to pick up this bill in the Senate, that his call gets extra special treatment.

Sonia