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Kansas statistician battles executive to determine no matter if vote count number is fallacious

Wichita State college mathematician Beth Clarkson has considered satisfactory extraordinary patterns in some election returns that she thinks it's time to determine the accuracy of some Kansas voting machines.

She's finding out govt officials don't make such testing effortless to do.

When Clarkson originally determined to verify the accuracy of voting machines, she notion the handy part can be getting the paper records produced by using the machines, and the complicated part would be conducting the audit. or not it's grew to become out to be simply the opposite.

"I basically didn't are expecting to have a lot of complications getting these (information)," Clarkson observed. however Sedgwick County election officers "refused to enable the computing device data to be part of a recount. They stated that wasn't allowed."

in its place, Clarkson was instructed that so as to get the paper recordings of votes, she would have to go to court docket and fight for them.

earlier this 12 months, Clarkson filed a lawsuit in opposition t the Sedgwick County Election workplace and Kris Kobach, Kansas' secretary of state, asking for entry to the paper records that vote casting machines record each time somebody votes. The record does not identify the voter.

Clarkson decided an audit became crucial in part on account of countrywide considerations concerning the vote casting machines that hundreds of Kansans use to solid their votes in elections each yr.

experiences of voting irregularities involving the same sorts of machines were frequent in different elements of the nation for years. And when Clarkson did her personal calculations after the November election, she believed she discovered voting irregularities comparable to these in different states corresponding to Ohio.

"i noticed that there are patterns in the records that are suspicious," noted Clarkson, chief statistician for the school's countrywide Institute for Aviation research.

Clarkson is in a distinct situation.

The voting machines that Sedgwick County makes use of have a feature that many of the Direct Recording digital vote casting machines, or DREs, in Kansas and around the country do not need: a paper record of the votes referred to as real Time voting laptop Paper Tapes.

Many counties and states opted not to have a paper listing to keep money, referred to Pamela Smith, president of proven voting foundation, a nonprofit company whose mission is to preserve elections in the digital age.

The DREs have been delivered to American voters about 13 years in the past to substitute "striking chad" ballots and lever vote casting machines following the 2000 presidential election showdown and ensuing controversy in Florida involving Al Gore and George W. Bush.

however the DREs have a couple of main flaws, Smith noted.

because no paper facts exist in most circumstances, voters and candidates can't know even if the machines accurately recorded their votes, Smith mentioned.

That means for a candidate, no recount can ever be done of the votes recorded on those machines, Smith noted. And voters can certainly not be sure their votes had been recorded as it should be.

in addition the voting computer application is proprietary, and even election officials can't verify it.

"there's a price for now not knowing the results are right in each election," Smith stated. "In our view, it turns into kind of corrosive of voter self belief as a result of over time you could under no circumstances make sure."

furthermore, post-election audits of the machines can't be carried out.

Douglas County does not face these problems. Douglas County is tremendously aware about the DRE machines and the considerations surrounding them, said Douglas County Clerk Jaime Shew.

In 2006, Douglas County held a couple of townhall conferences and introduced in carriers to try to check even if it'll movement from paper ballots to the digital machines, Shew pointed out.

The county elected to reside with a gadget that has paper ballots commonly as a result of there's a paper trail that permits for recounts and audits, Shew observed.

Tens of thousands of DRE machines had been offered in the early to mid-2000s to election places of work around the nation. The earnings acquired a boost from Congress when it passed the help the us Vote Act of 2002, which handed along thousands and thousands of dollars to aid states change their vote casting gadget.

Johnson County changed into the first within the nation to have a DRE desktop in a polling region, talked about Brian Newby, Johnson County election commissioner, and that changed into bought with the aid of one in all his predecessors earlier than the support the usa Vote Act turned into handed.

complications with the DREs were obvious early.

through 2004, California decertified its machines on account of considerations over security, reliability considerations and the lack of ability to have audits.

Johnson County capitalized on that by purchasing the machines that had been best used once at a cut-rate rate and extended its fleet of machines, Newby mentioned.

also in 2004, Anita Ramasastry, an affiliate professor on the tuition of Washington college of law in Seattle, wrote in regards to the complications cropping up across the country.

She noted complications in California, Maryland and Georgia and advocated that federal legislation mandate that paper receipts be attainable and paper facts saved.

"Paper receipts are the obtrusive answer," Ramasastry noted. "Florida gave recounts a bad name. however there's something a lot worse than a recount: the utter inability to recount votes, and reconstruct voters' actual intent, in light of a serious laptop error."

Newby mentioned his workplace additionally diagnosed the subject and asked Johnson County commissioners to pay to retrofit the machines with printers, however the cost — at $5 million — turned into too steep. The machines are now aged and the county plans to purchase new ones with some category of paper reporting through 2017.

The problems surfaced in some states because in about half the states, legal guidelines require an audit after an election, Smith spoke of.

but Kansas does not have a state legislation requiring an audit. Machines are checked previous to an election to look in the event that they are working accurately, a number of Kansas election officers said.

In Sedgwick County, Clarkson, a certified first-rate engineer with a doctorate in facts, says her calculations from the November election showed that patterns exist within the voting records to suspect that "some balloting methods have been being sabotaged, however that doesn't mean that no other explanations are viable for these patterns."

Clarkson's findings have been published in June in StatsLife, the journal for the Royal Statistical Society and the American Statistical association.

Clarkson idea getting the information may be the easiest part of her mission, however she has realized that acquiring executive records in Kansas can also be problematic.

In 2013, Clarkson asked Sedgwick County to do a recount however the time to file had expired. So she filed an open statistics request. Sedgwick County officials refused to liberate the information and Clarkson filed a lawsuit. however the choose dominated that the paper records had been ballots although they don't identify the voter and so were now not area to the state's open statistics legislations.

In November, Clarkson filed for a recount after that election, however despite the fact that her request was well timed, Sedgwick County officers once again refused, saying that handiest a judge could liberate the information to her.

So Clarkson again filed a lawsuit in February that asks for a court order giving her access to a certain variety of voting statistics to behavior the audit.

The lawsuit became filed towards the state attorney common and amended April 1 so as to add the Sedgwick election commissioner and Kobach.

but then Clarkson hit a further snag.

in its place of paying the sheriff to serve the summons, she mailed it to the Sedgwick county commissioner and Kobach. beneath state law, they'd 30 days to respond but did not.

A Sedgwick County election legitimate and a Kobach's spokesperson, observed they have been ignorant of the summons.

The Journal-World asked Eric Rucker, assistant secretary of state, even if Kobach had got it.

"I have no idea if we did or now not," Rucker stated. "We aren't going to comment on the fame or the character of this litigation at the present. We certainly have taken the position that during the pendency of any potential litigation that we won't talk about the particulars of the case and that would be the nature of our response."

Clarkson noted she now has paid the Sedgwick County Sheriff's office to serve the summons this week and is interviewing attorneys for felony tips going ahead.

Copyright 2015 The Lawrence Journal-World. All rights reserved. This cloth may additionally now not be published, broadcast, rewritten or redistributed. We attempt to uphold our values for each story published.

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